Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 27, 1999

LAND-USE PLANNING MEETING

(#517 @ 1000)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Olson were present. Also present were: Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Mr. Timm stated that the applicant for the Huang Rural Land Plan has requested that this item be tabled until 3 p.m. on October 18, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Huang Rural Land Plan until 3 p.m. on October 18, 1999, as requested by the applicant.

Motion carried 3 - 0.

The hearing recessed at 3:05 p.m.

CONTINUATION OF LAND USE HEARING

(#521, #522 & #523)

The Board of County Commissioners reconvened at 6:00 p.m. for a public hearing to continue discussion of the proposed land use code. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Larry Timm, Director of Planning; Rob Helmick, Senior Planner; Matthew Lafferty, Planner II; Sean Wheeler, Planner I; Marc Engemoen, Public Works Director; Rusty McDaniel, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the four projects being discussed tonight are all inter-related by location and by some of the development aspects. Mr. Timm proposed an amendment to the agenda to discuss transportation impacts and funding for the Highway 14/I-25 Interchange.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve an amendment to the agenda for discussion of improvements and funding for the Highway 14/I-25 Interchange.

Motion carried 3 - 0.

Mr. Engemoen submitted a memo dated today which suggested a condition which might be applied to the approval of the development proposals being considered tonight adjacent to the I-25/State Highway 14 corridor. Mr. Engemoen stated that he has been working with developers, neighborhood residents, and transportation professionals from the City of Fort Collins, Larimer County, Colorado Department of Transportation (CDOT) for over a year and noted that it has been a very involved process with a lot of public open houses. Mr. Engemoen reminded the Board that a year ago when they considered these proposals, they were not comfortable allowing more traffic on Highway 14 knowing there were some safety and capacity concerns, without having some plan of improvements on how those issues could be addressed. Mr. Engemoen stated that late this summer an overall plan of improvements was identified; he noted that this plan envisions the construction of a $19 million project, which will be built out over a 20-year period and includes the replacement of the existing cloverleaf interchange with a diamond interchange and the implementation of an extensive access improvement and control plan along the corridor. Mr. Engemoen reviewed in detail an aerial photo showing those proposed improvements; he stated that they focused on just what is important for the developments being proposed and noted that it has been broken down into phases, with two initial phases designed specifically to address the impacts of the developments proposed long the corridor. He continued that these phases would cost $3.4 million and a method of financing the $3.4 million has been developed. Mr. Engemoen stated that the proposed improvements that deal with 40% of the accidents could be remedied for $675,000 and they approached the North Front Range Transportation and Air Quality Planning Council about using $675,000 in federal and state funds for the urgently needed safety improvements. This amount was approved to jump start the $3.4 million improvements with the remainder to be funded by Larimer County, which normally collects with every building permit a capital expansion or impact fee to fund transportation improvements throughout the County and the Board voluntarily said they will pledge those fees towards making these improvements to allow us to proceed with the $3.4 million project almost immediately after development begins. However, Mr. Engemoen stated the amount of federal funds available for such projects has recently been recalculated, and we cannot be certain that the $675,000 in federal funding for these safety improvements will be available, as originally anticipated. Mr. Engemoen stated that the North Front Range Transportation Planning Council is going to be discussing this funding during their meeting on October 7, 1999 and Commissioner Disney is going to try and get the other Council members, who are elected officials in the region, to allow the $675,000 to be retained for these improvements. Mr. Engemoen stated, though, that they have devised an alternative plan if these funds are not received and he reviewed a chart showing the number of daily vehicle trips, east and west, on Highway 14 and how many vehicle trips would be added for each of the proposed developments and the percentage increase for each; he also calculated the amount of impact fees to be collected from each proposal and noted the grand total is $1,933,000 and one-third of this amount ($633,000) would be enough to build the urgently needed safety improvements. In summary, Mr. Engemoen stated that their first choice, of course, is to have the $675,000 in State and Federal funds, but if that money disappears, there is another solution that would allow the County and development activity to work together to make these urgently needed improvements without jeopardizing the safety of the motoring public on Highway 14 and the necessary money could be collected to build those improvements before the traffic on Highway 14 grew by more than 5%.

Mr. Helmick suggested that the following staff condition for each of the proposals being considered this evening: "The development (applicant) shall participate in the cost of the improvements identified in the I-25/Highway 14 Interchange Study; the cost to the applicant will be established by the Board of County Commissioners prior to final approval" be removed and replaced with the following two conditions as outlined in the memo from Mr. Engemoen: 1) Certain safety related improvements, and particularly the modification of the north bound on-ramp at the I-25/SH14 Interchange, the consolidation of the northeast frontage road and Cloverleaf mobile home community entrance, and the modification of the traffic control island at the frontage road intersection west of the interchange, must be constructed prior to significant buildout of the proposed developments. If federal funds are made available for the construction of these improvements in fiscal year 2001, the developments will be allowed to build out in accordance with the improvement and financing plan recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig; 2) If federal funds are not available for these safety related improvements, then the proposed developments will be allowed to proceed, provided that the safety related improvements must be constructed at the time the increase in average daily traffic on SH14 east of I-25 from the combined developments exceeds five percent (5%) of the current traffic. The safety improvements will be constructed using the proceeds of impact fees collected by Larimer County with the issuance of building permits in the proposed developments.

Mr. Helmick continued that since there is a question of timing here and not to delay the applicants, if the Board concludes their discussion of other outstanding issues with these proposals tonight, staff is suggesting the following scenario: If this transportation issue is the only issue outstanding, these items be tabled for consideration at Administrative Matters on October 12, 1999, which follows the October 7, 1999 transportation meeting, at which time final action, with these two conditions in place, could be taken. If, however, the financing is still somewhat undecided on that date, staff would suggest that the first available hearing date for the developments to participate in an actual discussion about the 5% threshold language, etc. would be November 1, 1999. Mr. Helmick stated that this action will avoid having to renotice all four of these applications and provide some certainty to the public about when the Board will actually be making their decision. The Board concurred with the suggestion and Chair Olson cautioned the audience that there will not be any more discussion regarding Highway 14 during the remainder of the hearing tonight.

Commissioner Disney thanked everyone who has volunteered their time and efforts to devise a solution regarding this issue; he noted that at the 10-County Budget Conference he attended last week, he visited with Heather Duggin from CDOT about the State Infrastructure Bank, which has $5 million, and he wants to have further discussion with her how to access those dollars and what projects are eligible for them and possibly this could be a revenue source for this project. He noted that Ms. Duggin will be at the October 7 meeting, as well as Karla Harding of CDOT. Commissioner Disney stated that this interchange is a dangerous one and needs to be fixed, even if these developments weren't happening. Mr. Engemoen noted that if these developments don't happen, he doesn't see when these improvements will be made and, in the meantime, the City of Fort Collins is going to be approving development proposals in this area, as well as the Town of Timnath, and we are going to see an increase in traffic on Highway 14 regardless and it is going to be beyond our control; he stated that we need to create this partnership with the development community.

Mary Warring stated that the safety improvements need to take precedence and we need to make sure that the funding for those is in line; she asked if the Board could set some standard or limit or guideline for any future prospective developments. Commissioner Disney responded that any other development coming into this area would require a new traffic study that would take into account the development that is occurring now and calculate when they are overloading. in order to keep the level of service and safety at an acceptable level. Commissioner Disney discussed the planning process of the North Front Range Transportation and Air Quality Planning Council.

Lucia Liley, attorney for the Waterdale Special Review, stated that she agrees with the recommended process and appreciates the Commissioners affording the developers and others, in the event the $675,000 is not funded, a chance to meet and discuss the new proposed conditions and how they could conceivably be implemented and hopefully all work together. She noted that it would be important tonight if the Commissioners, short of a final approval, could at least indicate a consensus as to where they are with the outstanding issues of each project, with the exception of the transportation improvements. Ray Roe stated that he concurred with Ms. Warring that public safety should be the #1 issue and should be resolved before development occurs.

Chair Olson noted that the Interchange Business Park PUD Master Plan and the Clydesdale Park PUD and Master Plan are on the consent agenda and will not be discussed in detail unless requested by the Commissioners or members of the audience; Ms. Warring stated that several residents in the area have requested that these two items be removed from the consent agenda.

  1. INTERCHANGE BUSINESS PARK PUD MASTER PLAN AND
  2. PRELIMINARY PHASE PLAN (#99-S1400): NW 1/4 - 15-07-86 - ON EAST

    SIDE OF THE INTERSECTION OF INTERSTATE 25 AND STATE

    HIGHWAY 14 (MULBERRY ST.); 36.86 ACRES; 17 LOTS;

    C-COMMERCIAL ZONING

    This is a request for a Planned Unit Development Master Plan and Preliminary Phase Plan to develop a 36.86 acre parcel into a 17 lot business park with a mix of commercial, retail office and warehouse space. Mr. Wheeler described the proposal and its location; he noted there were not significant objections or concerns received from the referral agencies and the staff recommendations on this project are fairly consistent with standard recommendations for a master plan and preliminary phase plan. Staff findings include: 1) The proposed Interchange Business Park PUD Master Plan and Preliminary Phase Plan is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding neighborhood as required by the Larimer County Master Plan; 3) The proposal is supported by various review agencies including those noted in the staff report.

    The following addressed the Board with their comments and concerns: Mary Warring, Ursula Tagliamonti, Zach Wilson, and the applicant Jim Mokler. Ms. Warring asked a number of questions regarding why the proposed landscaping is in the State right-of-way, the letter from Sun State Properties stating that they will not sell any land for a right-of-way for the frontage road extending to the north, and who is going to maintain the frontage road; the Board responded that it will be maintained by the State. Ms. Tagliamonti stated she has talked to Mr. Mokler, the applicant, and she thinks they are going to be able to reach an agreement and she supports the proposal. Mr. Wilson, attorney for Cloverleaf Mobile Home Park, expressed concern that the road, as presented here, represents the consensus reached by CDOT, the County, and the residents of Cloverleaf Mobile Home Park to insure that the interchange, when constructed, will be shifted to the west, as shown on the aerial map. He noted that the Park is expanding to over 400 homes and he wanted assurance from Mr. Mokler that the location of that road corresponds with the shift to the west. Mr. Mokler stated that on the transportation plan those roads are in alignment. Mr. Engemoen concurred that the plan is not to move the frontage road any further to the east. With regard to the landscaping in the State right-of-way, Mr. Engemoen stated that is true and they haven't heard objections from CDOT. Mr. Mokler stated that he and his partners have a vested interest to make sure that this project is done right. With regard to the property owner to the north not allowing a right-of-way through his land, Mr. Engemoen concurred that the relocated frontage road would divide that parcel and that may be the only solution; he noted they will continue to work with the property owner to address their concerns, but that is the reason for the power of eminent domain. Commissioner Disney stated that the County is extremely reluctant to use eminent domain, but CDOT is not.

    Questions from the Board and general discussion followed regarding the testimony heard tonight and the condition regarding landscaping was amended to require removal of the woody plants in the right-of-way. The Urban Growth Area Review Board/Staff recommendation is for approval of the Interchange Business Park PUD Master Plan & Preliminary Phase Plan, but the conditions will not be outlined in this set of proceedings as they will be amended further after the transportation meeting on October 7, 1999.

     

     

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners table the Interchange Business Park PUD Master Plan and Preliminary Phase Plan until October 12, 1999 for further discussion and consideration of the I-25/Highway 14 issues.

    Motion carried 3 - 0.

  3. CLYDESDALE PARK MASTER PLAN AND PRELIMINARY PLAT
  4. FOR PHASES 1 AND 2 (#98-S1300 & #98-S1303): A PORTION OF THE

    NW 1/4 OF 15-07-68 ON THE SOUTH SIDE OF STATE HIGHWAY 14

    (MULBERRY DRIVE), 1/2 MILE EAST OF INTERSTATE 25; 75 ACRES;

    225 LOTS; R-1 RESIDENTIAL ZONING

    This is a request for a 5-phase Master Plan approval for a 225 lot residential subdivision on 75 acres (33 patio homes and 183 single family dwelling units), including 30.5% common open space and Preliminary Phase Plan approval for Phases 1 and 2, which is 26.36 acres of the overall Master Plan and will accommodate 81 lots (33 patio homes and 48 single family dwellings) and 30% open space. Mr. Lafferty described the project and location; he noted that staff has done a thorough review of this proposal and is recommending approval, subject to a number of conditions. Mr. Lafferty noted that a number of residents are here tonight to speak to the issue of the connector street between this development and Kitchell Subdivision to the south, which was approved with a stub street reservation that was to be connected into this development as a secondary point of access because they currently have only one point of access and staff believes strongly that there should be some cross connection between these two developments. Mr. Lafferty noted that if the Waterdale Special Review is approved, there would be three points of access into Clydesdale. Staff findings are: 1) The proposal is in compliance with the Larimer County Comprehensive Zoning Resolution, the Larimer County Master Plan, the Intergovernmental Agreement with Fort Collins, and the Planned Unit Development Resolution; 2) The proposal will create less density than allowed by the PUD Resolution for this Zoning Classification; 3) There are adequate public facilities to serve this proposal which will not have a negative impact on roads or the provision of other public services; 4) County Engineering, County Health, and other agencies have reviewed this proposal and have stated no objections to it if certain conditions are met; 5) This proposal will not have a negative effect on the public health, safety, or welfare.

    At this time the hearing was opened for public comment and Dan Turner and Howard Stetser addressed the Board. Mr. Turner, representing other homeowners in Kitchell Subdivision, stated that there are fifteen homeowners that would be impacted by this street issue; he noted they feel very strongly that they would only like one access into their subdivision and the original covenants say "as needed" and they don't think it is needed, nor does UGARB or the applicant of Clydesdale. Mr. Turner continued that they don't think it is a good idea because of the safety issue for their children walking to the school bus; he also noted that three years ago they approved a general improvement district to take care of their road and if now they are expected to take care of another 235 homes, it would have a major impact before they would have to resurface that road. There were ten homeowners in the audience in support of his comments and they only support having this road as an emergency fire access. Mr. Stetser stated that currently this is a dirt gravel road and cuts into his property and there is no advantage for this being a secondary access road.

    Questions from the Board and discussion followed; Commissioner Disney asked if a traffic study was done for this development. Mr. Lafferty responded in the affirmative but, because no connection was shown, there was no analysis done on the connection. Mr. Engemoen noted that there is no need to increase the width of the secondary access and he agreed with the concern that more traffic on the road will create more wear and tear and maintenance costs will be increased. Mr. Engemoen suggested an agreement could be drafted that the homeowners in Clydesdale would have to participate in maintenance costs of the road. Commissioner Disney agrees with the concerns of the residents of Kitchell Subdivision and noted that if Waterdale is approved, they will have a secondary access; Chair Olson concurred. Mr. Lafferty stated that staff is only pointing out to the Board that this was a condition of Kitchell Subdivision and if Waterdale is not approved and Clydesdale Park moves forward, the current emergency access road would give emergency access as it already exists for Phase 1 and 2.

    The Urban Growth Area Review Board/Staff recommendation is for approval of the Clydesdale Park Master Plan, subject to a number of conditions, which will not be outlined in this set of proceedings as they will be revised and amended further after the transportation meeting on October 7, 1999.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners table the Clydesdale Park Master Plan and Preliminary Plat for Phases 1 and 2 until October 12, 1999 for further discussion and consideration of the I-25/Highway 14 issues.

    Motion carried 3 - 0.

  5. TRAILS @ VISTA BONITA PUD (#98-S1362): 10-07-68 - NORTH OF
  6. BAKER LAKE NORTH OF THE EXISTING VISTA BONITA

    DEVELOPMENT, NORTH OF HIGHWAY 14, 3/4 MILES EAST OF I-25;

    41.23 ACRES; 60 SINGLE FAMILY - 4 OPEN SPACE; R-1 RESIDENTIAL

    ZONING

    This is a request for approval of a PUD Master Plan and Preliminary Phase Plan for 60 residential lots and 4 open space tract on 41 acres. Mr. Helmick described this proposal and its location, noting that it could be considered the 8th filing of Vista Bonita. Mr. Helmick stated that at the UGARB meeting there were a number of public comments and the conditions were amended at that time to address those concerns; he noted that because this project is hemmed in between existing development and Highway 14, Boxelder Creek and the Larimer and Weld Canal, there is no way into this property except through existing neighborhoods and there was a great deal of concern about a single route of access. Mr. Helmick stated that the other concern was with regard to this project being on a lake and the existing recreation association and staff thinks that the HOA should acquire and maintain 60 memberships in the lake association. Mr. Helmick noted that the U.S. Fish and Wildlife Service has cleared this project for Preble's Meadow Jumping Mouse Habitat. Staff findings include: 1) The request is consistent with the adopted UGA and the urban standards contained within the IGA: 2) The request is consistent with the character of the neighborhood and surrounding area; 3) With the improvements required at the access to Highway 14 and the participation of this project with the I-25/Highway 14 project, traffic safety will not be impaired and the safety on Highway 14 will be improved; 4) The plan protects the natural resources of the site, provides open spaces within the development to be used by the residents, and provides for the alignment of a regional trail; 5) The plan complies with the PUD regulations and the R-1 zoning of the property.

    Commissioner Disney noted that the standard rural conditions are not included in the staff report; Mr. Helmick acknowledged that they will be added to the list of conditions. Jim Sell, Planning Consultant and representative for the applicants, stated that the report by the Wild Land Consultants indicated that they did trap for the PMJ Mouse and did not find any; he described the exhibit and proposed street connections and noted that currently there are about 55 houses with only one point of emergency access and the health and safety concern is greater now than it will be when these connections are made. Mr. Sell stated that there are six (6) houses along the canal that will not have basements, he noted that there will not be any large trees removed in the development of this project, the developer will be responsible for any road damage incurred during construction, and the HOA for this proposal will participate with the existing HOA in any future road improvements. David Shaefer, developer, stated that they have a new set of covenants, primarily to control the architectural design and posture of the neighborhood with big lots, and this will be a very nice development. Larry Beckman stated that he has lived in this neighborhood for 21 years and in 1989 the County took over maintenance of the existing roads in Vista Bonita and charged a fee. There was much discussion regarding who will be responsible for maintenance of the roads in this filing; Mr. Sell stated that Mr. Shaefer noted that he would be agreeable to an arrangement binding this HOA with the existing HOA for any road improvements.

    At this time the hearing was opened for public comment. Mike Schneider, President of the 7th Filing, noted that when their filing was approved, the County did not accept the roads for maintenance. Mr. Engemoen noted that the County adopted a policy that any roads platted after January 1, 1994 would no longer be accepted for County maintenance. Mr. Engemoen stated that, if for the sake of consistency, the Board wanted him to look at taking over all of these roads, he will do that, but right now the policy is that they would not accept these roads for maintenance. The Board suggested that Mr. Engemoen look at this possibility and determine what the cost would be and how that might be funded. Questions and much discussion followed. Robin Bachelet stated that she is in favor of this proposal; however, she is concerned for the children in the neighborhood and she is recommended speed humps or bumps be installed, as well as low-limit speed signs and suggested that a unified HOA for the whole subdivision be formed. Cheryl Morgan-Mauro stated she is in support of this development as they need their neighborhood to finally be complete; she stated that she has a problem with the traffic as it is currently 40 to 45 mph by her house and she asked that in some areas speed humps be installed before construction starts. Mr. Engemoen stated that he has talked to Bill Gleiforst in Engineering and he said that this subdivision was going to be posted at 20 mph; he noted that the County has a policy governing the use of speed humps and they have to be approved by 65% of the property owners and constructed at their expense. Mr. Sell stated that the developers have offered to pay for the speed humps. Mary Warring stated that she is not in opposition to this proposal, but she had a number of questions regarding the lake, shallow ground water and possible installation of wide drains, split-rail fencing along the canal, etc. Ms. Morgan-Mauro noted that the HOA charges $25 per year for everyone to use the lake and she asked if the residents in the first seven filings are going to be able to use the trails. Mr. Sell responded that it is their intent and they are in favor of any means that would eliminate any dissention between the homeowners and in forming a single road association; he noted that the biggest part of the impact will be during construction of the infra-structure and contractors can put up bonds. Mr. Shaefer stated that the HOA will be responsible for the lake fee. Mr. Shaefer wanted it noted in the record that the previous seven filings have access to the trails and all amenities in this PUD without any fee; he noted that he is in favor of speed humps and will pay for them. Mr. Sell submitted a copy of a letter from the geo-technical consultant regarding the water table stating that when they ran their tests, the previously mentioned six homes are the only ones that cannot have basements. Mr. Beckman stated that when the Fischers first started Vista Bonita they gave the 29 acre lake to the residents and enough water shares to keep it full for ever.

    Discussion regarding amendments and additions to the conditions ensued; the Urban Grown Area Review Board and Staff recommendation is for approval of the Trails at Vista Bonita PUD, but the conditions will not be outlined in this set of proceedings as there are a number of new conditions to be added, as well as several conditions to be amended after the transportation meeting on October 7, 1999.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners table the Trails at Vista Bonita PUD until October 12, 1999 to allow time for additional conditions to be drafted and for further discussion and consideration of the I-25/Highway 14 traffic issue.

    Motion carried 3 - 0.

  7. WATERDALE SPECIAL REVIEW & AMENDED REZONING (#97-MZ1067):

15-07-68 - 1/2 MILE EAST OF I-25 OF THE SOUTH SIDE OF HIGHWAY 14;

37.6 ACRES; 177 MOBILE/MODULAR; M-1 MULTIPLE AND FA-1

FARMING EXISTING ZONING

This is a request for approval of a special review for a 177 unit senior/affordable mobile modular home park on 37.6 acres & amended rezoning from FA-1 to M-1 for 2 acres. Mr. Helmick stated that the applicant is proposing that what was originally a 35-acre M-1 zoning now be approximately 37.6 acres to allow him to facilitate his development and meet the requirements of setbacks from Boxelder Creek. Mr. Helmick described the proposal and its location and noted that staff has recommended that this not be a gated community because of the secondary access it would provide for Clydesdale Park; he stated that the applicant has submitted a concept plan, which has been reviewed by most agencies. Staff findings are: 1) The application meets the requirements of the Mobile Home Resolution for density, design and standards; 2) The application will comply with the findings of the I-25/Highway 14 study, thereby addressing the issues of access and traffic safety off site; 3) The rezoning of the additional lands is not in conflict with the prior rezoning, and furthers the objectives of the original rezoning; 4) This application is consistent with the conditions of approval of the rezoning of the property in 1998; 5) The application meets the intent of the condition regarding the issues raised by the City of Fort Collins.

Lucia Liley, attorney representing the applicant, stated that the only outstanding issue is with regard to this being a gated community; she noted that these gates are not intended to promote any kind of economic exclusivity and the purpose of the gates is to provide a feeling of security for the residents. Ms. Liley stated that this project, as an affordable mobile home community, meets a very great need in Larimer County and meets the needs for seniors and is compatible with the surrounding neighborhood; she noted that this community is affordable by HUD standards and acknowledged by the City of Fort Collins and the applicant hasn't sacrificed quality. Ms. Liley stated that Mr. Gallenstein has designed a list of 30 features to be included in the specs for the manufacturers that will be building the homes. Ms. Liley described the operation of the gates and noted that ingress for residents and guests will be by key pad and the gates will automatically open for emergency vehicles. She submitted a map of a temporary secondary emergency access/permanent trail and primary vehicular access and discussed it in detail. Ms. Liley asked that both the north and south gates be approved with a specific condition that the south gate not be installed until an acceptable secondary access is provided for Clydesdale PUD. Ms. Liley also asked that a temporary secondary emergency access be allowed, which would be automatically terminated once there is full secondary access for this project either through Clydesdale or the project to the south. Paul Gallenstein, applicant, stated that the primary entrance way was negotiated with CDOT and they will eventually be installing pork chops.

At this time the hearing was opened for public comment; Kathleen Schmidtke submitted and read aloud a letter dated September 21, 1999, which stated that if you compare the information that the community has been given about the Waterdale project to the list of criteria a person would use to select an elderly community, it is foolish to believe that Waterdale could actually be a viable elderly community. The letter continued that the list is extensive of items that Waterdale does not meet and it is believed that there are three major criteria that limit this enterprise from being a successful elderly community: 1) Supporting community infrastructure; 2) Emergency medical services; and 3) Continuing care facilities. The letter also outlined a list of items the developer should be required to do, if the project is approved. Ms. Liley responded to the comments in the letter; she noted that there has been a lot of thought put into the design to accommodate senior citizens. Mr. Gallenstein stated that with regard to accessibility, these houses are designed to accommodate accessibility for emergency personnel and wheelchairs and they have sliding glass doors; he noted that a tremendous amount of thought has gone into this project. Mr. Helmick stated that staffs' position is that the project should not be gated at this time to assure free flow of access for the secondary access for Clydesdale. Commissioner Rennels stated that she is in favor of the gates; Commissioner Disney concurred but said that Engineering needs to approve the system for the egress gating and he asked about the latitude for the temporary access. Ms. Liley stated that they have latitude, depending on what County Engineering and CDOT prefer, to have a 25 ft. easement to the west and 20 ft. easement on the east. Mr. Helmick stated that they will add a condition about temporary secondary access and a condition about the south gate.

The Urban Growth Area Review Board/Staff recommendation is for approval of the Waterdale Special Review and amended rezoning, but the conditions will not be outlined in this set of proceedings until the conditions have been revised and amended after the transportation meeting on October 7, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Waterdale Special Review and Amended Rezoning until October 12, 1999 for further discussion and consideration of the I-25/Highway 14 issues.

Motion carried 3 - 0.

The hearing adjourned at 10:15 p.m.

TUESDAY, SEPTEMBER 28, 1999

ADMINISTRATIVE MATTERS

(#524 & 525)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner's Disney and Rennels were present. Also present were: Dave Lentz, County Forester; George Hass, County Attorney, Jeannine Haag, Assistant County Attorney, John Pedas, Planner II; Jim Reidhead, Rural Land Use Center Director; Mike Bryant, Access & Utility Coordinator; Kathy Wolfe, County Extension Agent; Josh Lasich and Erin Epperson, 4-H members; Lynette McGowan, Larimer County Office on Aging; Jody Boatright, Human Resources Staff Services Manager; Ralph Jacobs, Human Resources Director; Chris Lukesic, SMARTTrips Representative; Randy Ratliff, Mental Health Center Director; Donna Hart, Commissioner's Office Administrative Manager; and Deni LaRue, Community Information Officer. Recording Clerk: Gael Cookman.

1. PUBLIC COMMENT: Atol and Stephanie Goel, Jim Terrell, and Len Roark addressed the Board during open session for public comment. Mr. Goel noted that they have a history of problems with their neighbor about their grove of lilac bushes that are in the county right-of-way and restrict sight for vehicles exiting the neighbors driveway; he noted that when the problem first presented itself in 1995, he trimmed back the bushes and that seemed to satisfy the neighbors. Mr. Goel explained that they had a flood in their home this summer and spent most of their time fixing their home and as a result, this is the first year that they have failed to trim the bushes and their neighbor is complaining again; he stated that he will continue to trim the bushes, but he would rather not remove them as they are very important to his family. Mr. Lentz stated that in order to correct the problem, the first lilac bush will have to be severely trimmed and may even need to be removed; he also explained that the neighbor, Ms. Dooley, has erected a fence in the right-of-way, and that this too may need to be removed. Mr. Lentz and Mr. Goel will meet at the Goel home and resolve this issue within the next two weeks.

Mr. Terrell explained that he owns the property next to the Indian Creek Ranch and he is very disturbed that a 40 foot parcel was transferred to A & J Properties (owners of Indian Creek Ranch), especially since he had submitted a letter to the County Attorney's Office which outlined his interest in acquiring this property. Mr. Terrell stated that he has now received a letter from the Indian Creek Ranch requesting that he remove a fence that runs down the middle of this 40 foot parcel; he explained that this fence has been there for over 20 years and that he is now most concerned with access to this portion of the property. Mr. Terrell stated that he wished to have some questions answered, namely, who introduced the resolution to transfer the property to A & J Properties; he also explained that there is a copy of a check that was returned by A & J Properties and he could not understand why the County would transfer property to a company that still owed the County money. Mr. Hass stated that although there is proof that his office did receive Mr. Terrell's letter, he has not seen the letter, therefore he cannot comment on it. Mr. Hass explained that the decision to transfer this parcel to A & J Properties was made back in July of 1999. Mr. Terrell asked if the fence was conveyed as part of the transfer; Mr. Hass explained they performed the transfer with a Quit Claim Deed which means that there are no assurances regarding the property by the County to the new owner.

Mr. Roark stated that he wanted to thank the County for the work that was recently done on County Road 62 (on the east side of I-25); he explained that the road was in terrible condition, but the Road and Bridge crew began work on this road just before school started and finished it last week and now it is wonderful.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 20, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of September 20, 1999 to include the corrections as listed on the September 28, 1999 Administrative Matters Agenda.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 4, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule of the week of October 4, 1999.

Motion carried 3-0.

- Ms. Hart discussed pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA: Commissioner Disney requested that item number 15, Resolution of the Board of the County of Larimer Endorsing, With Stipulations, Referendum A Transportation Revenue Anticipation Notes, be pulled off the Consent Agenda.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on document review for September 21, 1999:

MISCELLANEOUS DOCUMENTS: Pilot Project Application Form for the Long Term Care Ombudsman Abuse/Neglect Prevention Project; Certification of Unpaid Utility Fee Under the Resolution for the Imposition and Collection of Stormwater Fees for the Larimer County West Vine Basin Stormwater Utility.

LIQUOR LICENSES: County approval for renewal of liquor license was granted to American Legion George Beach Post - 6% - LaPorte, CO.

A99-178 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY WORKFORCE CENTER, AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES (Provide funding to Weld County for Youth Crew)

A99-179 AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING THE ONE STOP CAREER CENTER IMPLEMENTATION FUNDS (Increase funding by $7,000)

A99-180 WARRANTY COLLATERAL AGREEMENT RELEATING TO THE SUBDIVISION AND DEVELOPMENT OF SOLAR RIDGE THRID FILING

C99-64 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION (Receive Federal Funds for Intersection Improvements at CR 17 and 14)

C99-65 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION (Receive Federal Funds for Intersection Improvements at CR 17 and 28)

R99-129s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF COLONY RIDGE ESTATES II SUBDIVISION

R99-130s FINDINGS AND RESOLUTION APPROVING THE WINDSOR TREE FARM SUBDIVISION

R99-131s FINDINGS AND RESOLUTION APPROVING THE LAMPERT MINOR RESIDENTIAL DEVELOPMENT CHANGE OF CONDITION

R99-132s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF AN EXISTING RIGHT-OF-WAY EASEMENT IN CRYSTAL LAKES 2ND AND 11TH FILING

R99-133s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR SOLAR RIDGE THIRD FILING

R99-134rb RESOLUTION CONCERNING INTERSECTION IMPROVEMENTS AT COUNTY ROADS 17 AND 14

R99-135rb RESOLUTION CONCERNING INTERSECTION IMPROVEMENTS AT COUNTY ROADS 17 AND 28

R99-136s RESOLUTION APPROVING CUDZILO SUBDIVISION PRELIMINARY PLAT

R99-137s FINDINGS AND RESOLUTION APPROVING THE VANDER MOLEN SUBDIVISION PRELIMINARY PLAT

R99-138s FINDINGS AND RESOLUTION APPROVING THE RS&S PARTNERSHIP SUBDIVISION EXEMPTION

R99-139g RESOLUTION AUTHORIZING THE TRANSFER AND ASSIGNMENT OF AGREEMENT TO OPERATE A CABLE TELEVISION SYSTEM IN THE COUNTY OF LARIMER, COLORADO, TO CHARTER COMMUNICATIONS HOLDING COMPANY, LLC

R99-140z FINDINGS AND RESOLUTION DENYING THE PETITION OF THE SALLEE REZONING AMENDMENT

R99-141z FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE OFFICIAL ZONING MAP OF LARIMER COUNTY

R99-142s FINDINGS AND RESOLUTION APPROVING THE RIVERSIDE FARM PLANNED UNIT DEVELOPMENT EXTENSION OF PRELIMINARY PHASE PLAN APPROVAL

Motion carried 3-0.

5. RESIDENTS' RIGHTS WEEK PROCLAMATION: Ms. McGowan noted that the week of October 3 - 9, 1999 is being proclaimed as Residents' Rights Week nationwide; she then introduced Eleanor Halbig as President of the Northshore Manner Resident Council, and Dorothy Andruss, van driver for Northshore Manner. Ms. Halbig noted that she is also the President of the Larimer County Long Term Care Resident Council, which represents the 12 long term care facilities in the area. Commissioner Rennels then read the proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week October 3 - 9, 1999 as Residents' Rights Week.

Motion carried 3-0.

6. NATIONAL 4-H WEEK PROCLAMATION: Ms. Wolfe introduced Josh Lasich and Erin Epperson, noting that they would be speaking to the Board on behalf of the 4-H program. Mr. Lasich and Ms. Epperson both spoke very highly of the 4-H program noting that at a very young age they have both learned a great deal of responsibility and many life skills, such as public speaking and managing programs and people, as a result of their involvement with this program. Commissioner Rennels then read the proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week October 3 - 9, 1999 as National 4-H Week.

Motion carried 3-0.

7. SMARTTRIPS AWARD PRESENTATION FOR BIKE MONTH: Mr. Lukesic presented the Board with the traveling trophy awarded to Larimer County for their participation in the recent business competition for Bike to Work Month; he noted that Larimer County had the highest employee participation in the 1000 plus employee category.

8. MENTAL HEALTH CENTER POLICY WAIVER: Mr. Ratliff requested Board approval of a waiver to the personnel policy to allow the Larimer County Mental Health Center to continue to pay on-call exempt staff a fixed amount for the time they are assigned to on-call duty; he noted that the current personnel policy dictates that exempt employees are paid a salary for all services rendered, and will not be paid compensation for extra hours worked. Mr. Ratliff explained that if they were to eliminate payment for exempt employees that are on-call status, it would jeopardize the Mental Health Center's on-call system and their ability to comply with the State Mental Health contract.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the waiver of policy and support the exception to a portion of Chapter 5, section 509 of the Larimer County Personnel Policy regarding on-call compensation.

Motion carried 3-0.

9. RESOLUTION ENDORSING TRANS: Commissioner Disney explained that the Board will support the Resolution endorsing Transportation Revenue Anticipation Notes (TRANS) with Stipulations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the Resolution Endorsing, with Stipulations, Referendum A Transportation Revenue Anticipation Notes.

Motion carried 3-0.

R99-139g RESOLUTION ENDORSING, WITH STIPULATIONS, REFERENDUM A TRANSPORTATION REVENUE ANTICIPATION NOTES

10. WORKSESSION: Mr. Gluckman informed the Board that he has received word from the National Association of Counties that the House Appropriations Committee is cutting three billion dollars in funding for the TANIF program; he requested Board approval to have the Health and Human Services Director draft a letter asking for this funding to be reinstated.

Mr. Gluckman then reviewed the agenda for the upcoming legislative meeting with the Board.

11. COMMISSIONER REPORTS: The Board noted that the Budget Conference they recently attended was worthwhile and shed some light on how Larimer County compares to other counties.

12. LEGAL MATTERS: Mr. Bryant noted that he received a letter from the Columbine & Narcissus Road Association, Inc. regarding a dispute in the High Drive Heights subdivision in Estes Park due to one of the property owners constructing access from his property onto Narcissus Road; he explained that Narcissus Road is publicly dedicated, but not County maintained. Mr. Bryant stated that the Road Association had some questions regarding the County's responsibility in this matter. After some discussion with the County Attorney, the Board decided that this is a private issue between the property owner and the Road Association and they requested Mr. Bryant to respond to the letter stating that it was a private matter.

Ms. Haag presented the Board with the closing documents for the sale of Lot 64, Glacier View Meadows Subdivision 12th Filing P.U.D., to Gerald and Barbara Jackson.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the closing documents for the sale of Lot 64, Glacier View Meadows Subdivision 12th Filing P.U.D.

Motion carried 3-0.

R99-144s RESOLUTION & QUIT CLAIM DEED FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS (Regarding the sale of Lot 64, Glacier View Meadows Subdivision 12th Filing P.U.D. to Gerald and Barbara Jackson)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session to discuss contract negotiation, pending litigation, and personnel matters.

Motion carried 3-0.

The Executive Session ended at 12:15 p.m., with no further action taken.

OPEN LANDS MEETING

(#525)

The Board of County Commissioners reconvened at 2:30 p.m. with K-Lynn Cameron, Manager Open Lands, and Greg Pickett, Director of Parks and Open Lands regarding acquisitions of open lands. Chair Olson presided, and Commissioners Disney and Rennels were present. Recording Clerk: Gael Cookman.

1. J. Parrish Ranch Conservation Easement and Trail System: Ms. Cameron explained the goal of this project is to place a conservation easement on approximately 382 acres of the J. Parrish property which is located southwest of Berthoud; she noted that the total funding request for this project is $486,000 to be accomplished in the following manner: The Town of Berthoud will contribute $51,000; Larimer County will contribute $173,500; The Larimer Land Trust will contribute $1,500; and Great Outdoors Colorado will contribute $260,000. Ms. Cameron outlined the benefits of the project as follows: 1) Key component of a Front Range Mountain Backdrop preservation effort that involves partnership with Boulder County. 2) Protects an area identified in the Little Thompson River Corridor Study as highly significant landscape, characterized by both high visual sensitivity and highly distinctive landscape features. 3) Preserves important wildlife habitat, including potential Preble's Meadow Jumping Mouse Habitat. 4) Preserves a high quality occurrence of a rare, globally imperiled plant - the Bell's Twinpod. This property includes a Conservation Area delineated by the Colorado Natural Heritage Program and ranked as being highly significant (B3). 5) The property offers a potential regional trail opportunity connecting Larimer County with Rabbit Mountain in Boulder County. The trail potential may someday enable a trail connection from Carter Lake to Rabbit Mountain.

Ms. Cameron requested Board approval to allocate money for this project based on the following contingencies: 1) Funding is contingent upon the successful passage of the Help Preserve Open Spaces sales tax extension and bonding authority. 2) The conservation easement on the J. Parrish Ranch must include a trial easement donated to Larimer County. 3) A permit must be obtained from the Northern Colorado Water Conservancy District to enable a trail crossing over the St. Vrain Supply Canal on the J. Parrish property. 4) In order for the trail easement on the J. Parrish Ranch to connect to Rabbit Mountain, Boulder County needs to secure a trail easement and commit to constructing a connecting trail to Rabbit Mountain. 5) In order for there to be public access to the trail on the J. Parrish property, Larimer County needs to negotiate and arrange for public road access and a trail and trailhead on adjacent property.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the funding of the J. Parrish Ranch Conservation Easement and Trail System with all the contingencies as outlined above, and to authorize the Chair to sign the letter to Great Outdoors Colorado indicating their support for this project.

Motion carried 3-0.

At this time Chair Olson left the meeting.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 3:15 p.m. to discuss property acquisition.

Motion carried 2-0.

The meeting adjourned at 3:40 p.m., no further action taken.

WEDNESDAY, SEPTEMBER 29, 1999

ASSESSMENT HEARING ON MIRAVALLE AND MOUNTVIEW LOCAL

IMPROVEMENT DISTRICTS

(#528)

The Board of County Commissioners met at 6:30 p.m. in the Loveland City Council Chambers for two assessment hearings for the Miravalle and Mountview Local Improvement Districts. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Rex Burns, Improvement District Administrator, and Diane Martell, Engineering Staff Services Manager. Recording Clerk, Sherry Graves.

  1. MOUNTVIEW SUBDIVISION LOCAL IMPROVEMENT DISTRICT -
  2. NO. 1998-3:

    Chair Pro-Tem Disney introduced staff; Mr. Burns stated that the two projects being considered tonight were each formed as a local improvement district under the laws of the State of Colorado. Mr. Burns continued that local improvement districts are an entity under which we can finance and construct improvements to benefit a specific area and the owners of properties that benefit from the improvements are asked to pay special assessments for the cost of those improvements. Mr. Burns explained that municipal bonds are issued, which then are repaid by the special assessments against the properties in the district. Mr. Burns noted that an advertised public hearing was held earlier to consider the formation of the district and then they are obligated under Statute to hold a public hearing to consider the apportionment of the assessments. Mr. Burns stated that the purpose of the hearing tonight is to consider and approve a resolution for the apportionment of the cost for each respective property owner. Mr. Burns noted that the two districts being discussed tonight are very similar and construction has begun on Miravalle and Mountview will follow; he noted that 75 calendar working days, plus bad weather days, are allowed for each project and he explained the penalty for not finishing on time and noted that the assessments would be reduced accordingly. Mr. Burns stated that the contract was awarded to Mountain Constructors from Platteville, Colorado. Mr. Burns noted that there is a concern that progress has been slow on this project, and he assurred the audience that he will monitor the project very closely.

    Ms. Martell stated that the bonds for Mountview were sold for $275,000; she noted that when the project was proposed initially, the cost estimate was at $300,000. She stated that there are 35 parcels in Mountview and each assessment is $7,857.00, with an annual payment of $846.38 for 15 years, with 6.7% interest on the bonds. Ms. Martell stated that the property owners will have 30 days to pay the assessment in full, without interest, if they so choose; otherwise, the annual payment of $846.38 will be on their tax bill for the next 15 years. Ms. Martell stated that the property owners will be receiving a letter from their office in the next few days explaining the procedure.

    The following persons addressed the Board with their comments and concerns: Duane Pond, Mike Radice, Norris Slechta, Kathleen Cassady, Larry Owens, Larry Kane, Marilyn Radice, Arnold Wright, Lloyd Rogge, Alta Wright, Norma Megenhardt, and Bill Megenhardt. There was discussion of the 75 calendar days, or 15 weeks, for construction of each project, questions regarding the assessment payments, questions regarding the actual starting date for Mountview and the concern if there is bad weather after the project is started, who to contact about having individual driveways paved, a request that the assessment be waived until the project is finished, how can they be assurred of quality assurrance, what is the County's responsibility if the asphalt is put down when it is too cold, why should they be asked to pay for something before it is even started, can extra help be brought in to move the project along quicker, how much is the interest the first year, if they will be notified before the water is turned off to install the fire hydrant, etc. The questions were answered and much discussion followed. Mr. Burns stated that possibly the date of the first payment could be extended. Commissioner Disney informed the audience that one incentive for the contractor to perform well and on time is that they like to stay on the County bid list.

    Ms. Martell stated that the Board can choose to adopt the resolution tonight, but make it effective November 1, 1999, which would give until December 1, 1999 for a full payoff date.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners adopt the resolution approving the cost of improvements in Local Improvement District No. 1998-3 (Mountview Subdivision), effective November 1, 1999, with thirty (30) days until December 1, 1999 for total payoff of assessment, without interest, if so desired by property owner.

    Motion carried 2 - 0.

    R99-145d RESOLUTION APPROVING THE WHOLE COST OF

    IMPROVEMENTS FOR LOCAL IMPROVEMENT DISTRICT

    NO. 1998-3 FOR MOUNTVIEW SUBDIVISION, APPROVING

    AND CONFIRMING THE APPORTIONMENT OF SAID COST

    TO EACH LOT

  3. MIRAVALLE SUBDIVISION LOCAL IMPROVEMENT DISTRICT -

NO. 1998-2:

As the comments made by Mr. Burns at the beginning of this hearing are the same for this district, the hearing was opened for public comment and only two persons, Mary Giacomini and Susan Hahn, had comments or questions. There were questions regarding the culverts, how to get a bid for paving of individual driveways, the possibility of installing speed humps in their subdivision, how wide Harold Ct. and Leslie Drive will be, if the effective date of resolution could also be extended for them, etc. Mr. Burns answered the questions and noted that the County has a speed hump policy, but for speed humbs to be installed, they have to be approved by 65% of the affected property owners and constructed at their expense.

Ms. Martell noted that the total cost of this project is $190,000 and there are thirty (30) lots in this subdivision, with a total assessment of $6,333.00 per lot and an annual payment of $681.78 for fifteen years.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the resolution approving the whole cost of improvements to be made in Local Improvement District No. 1998-2 in Miravalle Subdivision, effective November 1, 1999, with thirty (30) days until December 1, 1999 for total payoff of assessment, without interest, if so desired by property owner.

Motion carried 2 - 0.

R99-146d RESOLUTION APPROVING THE WHOLE COST OF THE

IMPROVEMENTS FOR LOCAL IMPROVEMENT DISTRICT

NO. 1998-2 FOR MIRAVALLE SUBDIVISION, APPROVING

AND CONFIRMING THE APPORTIONMENT OF SAID COST

TO EACH LOT

The hearing adjourned at 8:05 p.m.

 

__________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

__________________________________

Gael M. Cookman, Deputy County Clerk

 

__________________________________

Sherry E. Graves, Deputy County Clerk

 

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.