Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 18, 1999

LAND USE PLANNING MEETING

(#541 & #542)

The Board of County Commissioners met at 3:00 p.m. in regular session in the Fort Collins City Council Chambers with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Rob Helmick, Senior Planner; Carol Evans and Matt Lafferty, Planners II; Sean Wheeler, Planner I; Marc Engemoen, Director Public Works; Rusty McDaniel and Sylvester Mabry, Project Engineers; Doug Ryan, Environmental Health Planner; Jim Reidhead, Director Rural Land Use Center; Brenda Gimeson, Technician RLUC; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

The following four items were discussed at length on September 27, 1999 and continued until October 12, 1999 for further discussion of conditions regarding funding for improvements to the I-25/Highway 14 Interchange pending the outcome of the October 7, 1999 North Front Range Transportation and Air Quality Planning Council meeting. On October 12, 1999, the conditions were discussed for another hour and a half and continued until today. As the discussion and staff findings are outlined in the Minutes of the two previous hearings, only the revised conditions for each proposal will be outlined in detail in this set of proceedings.

Mr. Engemoen submitted and reviewed in detail the revised proposed conditions, as outlined in letters to the applicants dated October 18, 1999, for the Board to consider and for the applicants to indicate their acceptance of same; after discussion of the revised conditions, the applicants all indicated their approval.

Questions from the Board and discussion followed; Jim Sell, Design Consultant for Trails at Vista Bonita, submitted and reviewed a letter from him proposing additional conditions to address and alleviate concerns raised by residents in the neighborhood regarding repairs of any damage to Camino Del Mundo and Camino Real, the roads in Vista Bonita to be used for construction traffic.

 

 

 

1. INTERCHANGE BUSINESS PARK PUD MASTER PLAN AND

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

Approval of the Interchange Business Park PUD Master Plan and Preliminary Phase Plan, with the following conditions: 1) Traffic generated by the proposed development will have an impact on the I-25/SH14 interchange and SH14 corridor. An I-25/SH14 Interchange Feasibility Study has been drafted to examine those impacts and recommend improvements to mitigate them. The applicant agrees to participate in the implementation of the recommended improvements as follows: a) The County will waive the county-wide transportation capital expansion fees that would normally be collected at the time of issuance of building permits within the development. In lieu of these fees, the applicant agrees to pay a transportation impact fee related to the Phase 1 and 2 improvements recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig. The proportionate share of the Phase 1 and 2 improvements for Interchange Business Park was estimated in the Interchange Feasibility Study to be $1,006,000. The amount of the impact fee to be collected with the issuance of each building permit within the development shall be established by the Board of County Commissioners prior to final approval of the plat. Thereafter, the Board of County Commissioners shall review the amount of the impact fee each December to determine if the fee should be adjusted to accurately reflect the most current cost estimates or the actual costs of construction of the proposed Phase 1 and 2 improvements. The adjusted fee shall become effective on January 1 of the following year. In any case, the County and the applicant agree that the total amount of the transportation impact fees collected for the proposed Interchange Business Park development shall not exceed $1,157,000, which is 115 percent of the currently estimated proportionate share; b) The transportation impact fees are intended to fairly apportion the costs of the recommended Phase 1 and 2 improvements among the traffic generating developments included in the Interchange Feasibility Study. To ensure a fair distribution of costs, it is understood that to the extent that the applicant constructs portions of the recommended Phase 1 and 2 improvements or provides right-of-way for those improvements, the costs of such construction or right-of-way dedication will be a credit against the transportation impact fees due for the development; c) The County's regional transportation capital expansion fees are not waived, and will be collected at the time of building permit issuance or placement of a dwelling unit within the development; 2) The applicant understands that the Colorado Department of Transportation may require improvements on the state highway other than those identified by the Interchange Feasibility Study as a condition of approving access to the highway. Such improvements may include, but are not limited to, acceleration and deceleration lanes, turn lanes, and access control improvements. The cost of dedicating right-of-way or constructing these improvements will not be credited against the transportation impact fees collected from the development; 3) The North Front Range Transportation & Air Quality Planning Council has recommended the expenditure of $675,000 for construction of certain safety related improvements along SH14 identified in the I-25/SH14 Interchange Feasibility Study. The County currently anticipates that state/federal funds for these safety related improvements will become available in July 2000. The applicant is aware of the concerns about increasing traffic volumes on SH14 without these safety related improvements being implemented. In light of those concerns, the applicant agrees that in the event state/federal funds in the amount of $675,000 have not been approved and become available by August 1, 2000, the transportation impact fee for the development will be recalculated to provide that the applicant will pay a proportionate share of the $675,000 to ensure the safety related improvements are funded; 4) Traffic generated by Interchange Business Park will trigger the requirement for a traffic signal at the intersection of the frontage road through the development and SH14. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required. The applicant agrees to promptly construct this traffic signal when the County determines it is required. The County acknowledges that future developments adjacent to the frontage road may also contribute to the need for the traffic signal and agrees to collect a proportionate share of the cost of the traffic signal from those future developments to reimburse the applicant for a portion of the costs to the extent it may legally do so; 5) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, compliance with habitat study requirements, and compliance with all applicable provisions of the PUD Resolution and the Fort Collins Urban Growth Area Intergovernmental Agreement. Easements as requested by the utility companies shall be provided on the Final Plat; 6) The following notes shall be included on the Final Plat: a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; b) Engineered footing and foundation plans shall be required for all construction on these lots; c) All applicable fees shall be collected at building permit application for new structures; d) Underground utilities shall be required; 7) The applicant shall satisfy all concerns of the referral agencies prior to approval and recording of the final plat, unless waived by the Board of County Commissioners; 8) Full construction plans for the access road, a final stormwater drainage report and an erosion control report shall be submitted for review and approved by the County Engineering Department, prior to recording of the Final Plat. The final drainage report and erosion control report shall be prepared according to the specific requirements contained in the Engineering Department's comments regarding site specific information including erosion control, seeding and mulching information and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual; 9) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat; 10) The applicant shall provide a landscaping plan in compliance with the Intergovernmental Agreement. The applicant shall provide a long-term maintenance plan for the wetlands and all other open space areas, and a restoration plan for areas disturbed by construction; 11) The applicant shall identify building envelopes for all lots adjoining wetlands areas on the Plat, and add a plat note referencing the envelopes; 12) The applicant shall pay the required fees for Capital Expansion and Fees in Lieu of Land Dedication as adopted by Larimer County Resolution on November 9, 1998, except as modified by Condition #1; 13) All the conditions in Mr. Engemoen's memo dated October 18, 1999 will in incorporated in a development agreement; 14) These conditions of approval will be incorporated in a development agreement signed by both parties as a part of final plat approval.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendation and approve the Interchange Business Park PUD Master Plan and Preliminary Plan (#99-S1400), with conditions as outlined above.

Motion carried 3 - 0.

2. CLYDESDALE PARK MASTER PLAN AND PRELIMINARY PLAT

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

Approval of the Clydesdale Park Master Plan, subject to the following conditions: 1) Traffic generated by the proposed development will have an impact on the I-25/SH14 interchange and SH14 corridor. An I-25/SH14 Interchange Feasibility Study has been drafted to examine those impacts and recommend improvements to mitigate them. The applicant agrees to participate in the implementation of the recommended improvements as follows: a) The County will waive the county-wide transportation capital expansion fees that would normally be collected at the time of issuance of building permits within the development. In lieu of these fees, the applicant agrees to pay a transportation impact fee related to the Phase 1 and 2 improvements recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig. The proportionate share of the Phase 1 and 2 improvements for Clydesdale was estimated in the Interchange Feasibility Study to be $372,000. The amount of the impact fee to be collected with the issuance of each building permit within the development shall be established by the Board of County Commissioners prior to final approval of the plat. Thereafter, the Board of County Commissioners shall review the amount of the impact fee each December to determine if the fee should be adjusted to accurately reflect the most current cost estimates or the actual cots of construction of the proposed Phase 1 and 2 improvements. The adjusted fee shall become effective on January 1 of the following year. In any case, the County and the applicant agree that the total amount of the transportation impact fees collected for the proposed Clydesdale development will not exceed $428,000, which is 115 percent of the currently estimated proportionate share; b) The transportation impact fees are intended to fairly apportion the costs of the recommended Phase 1 and 2 improvements among the traffic generating developments included in the Interchange Feasibility Study. To ensure a fair distribution of costs, it is understood that to the extent that the applicant constructs portions of the recommended Phase 1 and 2 improvements or provides right-of-way for those improvements, the costs of such construction or right-of-way dedication will be a credit against the transportation impact fees due for the development; c) The County's regional transportation capital expansion fees are not waived, and will be collected at the time of building permit issuance or placement of a dwelling unit within the development; 2) The applicant understands that the Colorado Department of Transportation may require improvements on the state highway other than those identified by the Interchange Feasibility Study as a condition of approving access to the highway. Such improvements may include, but are not limited to, acceleration and deceleration lanes, turn lanes, and access control improvements. The cost of dedicating right-of-way or constructing these improvements will not be credited against the transportation impact fees collected from the development; 3) The North Front Range Transportation & Air Quality Planning Council has recommended the expenditure of $675,000 for construction of certain safety related improvements along SH14 identified in the I-25/SH14 Interchange Feasibility Study. The County currently anticipates that state/federal funds for these safety related improvements will become available in July 2000. The applicant is aware of the concerns about increasing traffic volumes on SH14 without these safety related improvements being implemented. In light of those concerns, the applicant agrees that in the event state/federal funds in the amount of $675,000 have not been approved and become available by August 1, 2000, the transportation impact fee for the development will be recalculated to provide that the applicant will pay a proportionate share of the $675,000 to ensure the safety related improvements are funded; 4) Traffic generated by the Waterdale, Clydesdale, and Trails at Vista Bonita developments may trigger the requirement for a traffic signal at the intersection of Clydesdale Parkway/Camino del Mundo and SH14. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required. The applicant agrees to participate in the cost of the traffic signal, with the extent of such participation proportionate to the amount of traffic generated by the development at full buildout relative to the traffic generated by the other two developments at full buildout. The applicant further agrees that when 50 percent of the proposed new dwelling units have been constructed in the development, the applicant will establish an escrow account for the development's proportionate share of the cost of the traffic signal. Based on an estimated total cost of $150,000, the applicant's proportionate share of the traffic signal is estimated to be $90,300. If the traffic signal requirement has not been triggered and the signal has not been constructed two years after full buildout of the development or ten years after approval of the final plat, whichever time period is longer, the funds for the traffic signal in the escrow account will be returned to the applicant; 5) The property must be developed in strict conformance with the plans found in file #98-S1300 unless otherwise modified by the conditions of approval herein; 6) A fire access between Clydesdale Park Planned Unit Development and Kitchell Subdivision shall be required to the satisfaction of the Poudre Fire Authority and the Larimer County Engineering Department as far as construction; 7) Before building permits are issued within the development, the applicant must demonstrate to the satisfaction of the Larimer County Engineering Department and Poudre Fire Authority that two full accesses are in place and constructed to their standards; 8) The applicant shall revise the access plan at the southwest corner of the site to comply with the requirements of the Engineering Department; said revisions shall ensure that adequate intersection separation is accounted for between the Clydesdale Park PUD street plans and the Waterdale street plans; 9) These conditions of approval will be incorporated in a development agreement signed by both parties as a part of final plat approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the Urban Growth Area Review Board/Staff recommendation and approve the Clydesdale Park Master Plan (#98-S1300), with the conditions as revised and outlined above.

Motion carried 3 - 0.

Approval of the Preliminary Phase Plan for Phases 1 and 2 (File #98-S1303) of the Clydesdale Park Master Plan (File #98-S1300), subject to the following conditions: 1) Traffic generated by the proposed development will have an impact on the I-25/SH14 interchange and SH14 corridor. An I-25/SH14 Interchange Feasibility Study has been drafted to examine those impacts and recommend improvements to mitigate them. The applicant agrees to participate in the implementation of the recommended improvements as follows: a) The County will waive the county-wide transportation capital expansion fees that would normally be collected at the time of issuance of building permits within the development. In lieu of these fees, the applicant agrees to pay a transportation impact fee related to the Phase 1 and 2 improvements recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig. The proportionate share of the Phase 1 and 2 improvements for Clydesdale was estimated in the Interchange Feasibility Study to be $372,000. The amount of the impact fee to be collected with the issuance of each building permit within the development shall be established by the Board of County Commissioners prior to final approval of the plat. Thereafter, the Board of County Commissioners shall review the amount of the impact fee each December to determine if the fee should be adjusted to accurately reflect the most current cost estimates or the actual cots of construction of the proposed Phase 1 and 2 improvements. The adjusted fee shall become effective on January 1 of the following year. In any case, the County and the applicant agree that the total amount of the transportation impact fees collected for the proposed Clydesdale development will not exceed $428,000, which is 115 percent of the currently estimated proportionate share; b) The transportation impact fees are intended to fairly apportion the costs of the recommended Phase 1 and 2 improvements among the traffic generating developments included in the Interchange Feasibility Study. To ensure a fair distribution of costs, it is understood that to the extent that the applicant constructs portions of the recommended Phase 1 and 2 improvements or provides right-of-way for those improvements, the costs of such construction or right-of-way dedication will be a credit against the transportation impact fees due for the development; c) The County's regional transportation capital expansion fees are not waived, and will be collected at the time of building permit issuance or placement of a dwelling unit within the development; 2) The applicant understands that the Colorado Department of Transportation may require improvements on the state highway other than those identified by the Interchange Feasibility Study as a condition of approving access to the highway. Such improvements may include, but are not limited to, acceleration and deceleration lanes, turn lanes, and access control improvements. The cost of dedicating right-of-way or constructing these improvements will not be credited against the transportation impact fees collected from the development; 3) The North Front Range Transportation & Air Quality Planning Council has recommended the expenditure of $675,000 for construction of certain safety related improvements along SH14 identified in the I-25/SH14 Interchange Feasibility Study. The County currently anticipates that state/federal funds for these safety related improvements will become available in July 2000. The applicant is aware of the concerns about increasing traffic volumes on SH14 without these safety related improvements being implemented. In light of those concerns, the applicant agrees that in the event state/federal funds in the amount of $675,000 have not been approved and become available by August 1, 2000, the transportation impact fee for the development will be recalculated to provide that the applicant will pay a proportionate share of the $675,000 to ensure the safety related improvements are funded; 4) Traffic generated by the Waterdale, Clydesdale, and Trails at Vista Bonita developments may trigger the requirement for a traffic signal at the intersection of Clydesdale Parkway/Camino del Mundo and SH14. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required. The applicant agrees to participate in the cost of the traffic signal, with the extent of such participation proportionate to the amount of traffic generated by the development at full buildout relative to the traffic generated by the other two developments at full buildout. The applicant further agrees that when 50 percent of the proposed new dwelling units have been constructed in the development, the applicant will establish an escrow account for the development's proportionate share of the cost of the traffic signal. Based on an estimated total cost of $150,000, the applicant's proportionate share of the traffic signal is estimated to be $90,300. If the traffic signal requirement has not been triggered and the signal has not been constructed two years after full buildout of the development or ten years after approval of the final plat, whichever time period is longer, the funds for the traffic signal in the escrow account will be returned to the applicant; 5) The property must be developed in strict conformance with the plans found in file #98-S1300 unless otherwise modified by the conditions of approval herein; 6) A fire access between Clydesdale Park Planned Unit Development and Kitchell Subdivision shall be required to the satisfaction of the Poudre Fire Authority and the Larimer County Engineering Department as far as construction; 7) Before building permits are issued within the development, the applicant must demonstrate to the satisfaction of the Larimer County Engineering Department and Poudre Fire Authority that two full accesses are in place and constructed to their standards; 8) The applicant shall revise the access plan at the southwest corner of the site to comply with the requirements of the Engineering Department. Said revisions shall ensure that adequate intersection separation is accounted for between the Clydesdale Park PUD street plans and the Waterdale Street plans; 9) The final design shall be based on the County'' urban street design standards, which include curb and gutter for all streets. Road width and all other construction details for the internal roads shall meet County standards and be approved by Engineering; 10) The developer shall submit, as part of the final plat application, a written plan for controlling dust emissions during construction, which shall be approved by the County Health Department. A formal fugitive dust control plan, as may be required by the State, shall be submitted to the Colorado Department of Health and Environment if the development will create more than a 25-acre contiguous disturbance or exceed six months in duration; 11) A Stormwater Management Permit may be required from the Colorado Department of Health and Environment, Water Quality Control Division. Application shall be made by the developer directly to this state agency with a copy included with the final plat application materials or a letter from the State indicating that the Permit is not required; 12) The applicant shall coordinate the cross access between this project and the proposed development (Waterdale Subdivision) to the west of the site. Said cross access shall meet and conform to the standards of the Larimer County Engineering Department for location and separation; 13) Water and sewer service commitments from the providers shall be included with the final plat; 14) The applicant shall relocate the ELCO Water District 12" water line along the western boundary to Morgan Circle (roadway internal to the development) as requested by ELCO Water District; 15) Fire hydrants are required with a maximum spacing of 600 feet with required flows of 1000 gallons per minute and residual pressure of 20 p.s.i. No dwelling may be located more than 800 feet from a fire hydrant; 16) Address numerals shall be visible from the street fronting the property through the use of 6-inch numerals on a contrasting background. This requirement shall be specified in the covenants for the project and enforced by the Home Owners' Association; 17) Utility plans shall be submitted to the appropriate utility districts for review and approval. These plans shall be prepared by an engineer registered in the State of Colorado; 18) Utility easements, as requested by Public Service Company, shall be platted adjacent to all internal streets and a 20' utility easement shall be platted adjacent to Highway 14; 19) Fees in Lieu of Park Land Dedication fees will be required for each new dwelling at the time it is built. Since this property is within the Growth Management Area, the UGA park fee will be charged. The fee in effect at the time a building permit is applied for will charged; 20) All concerns of the County Engineering Department regarding drainage shall be addressed with the Final Drainage Plan, Erosion Control Plan, and Grading Plan. A system to collect and dispose of this groundwater shall be developed for the site and included with the final drainage plan; 21) Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued; 22) The final plat shall show over 30% open space and the setbacks for the lots; 23) Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins before the final plat is recorded; 24) A final landscape plan shall be submitted with the final plat showing the landscaping for the entry area and all open area. Special attention shall be given to providing some buffering along the southern and eastern open space areas; 25) Poudre R-1 School District Fees in effect at the time of building permit application will be collected for new residential structures; 26) Standard plat notes will be required on the final plat as follows: a) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; b) Engineered footings and foundations are required for new residential construction; c) Uses on this property are limited to single-family residential; d) All utilities must be installed underground; e) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; f) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; g) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; h) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measure to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; i) This development is the subject of a Subdivision Improvements Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; j) Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; aa) The applicant shall revise the access plan at the south west corner of the site to comply with the requirements of the Engineering Department. Said revisions shall ensure that adequate intersection separation is accounted for between the Clydesdale Park PUD street plans and the Waterdale street plans; 27) These conditions of approval will be incorporated in a development agreement signed by both parties as a part of final plat approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendation and approve the Preliminary Phase Plan for Phases 1 and 2 (File #98-S1303) of the Clydesdale Park Master Plan (File #98-S1300), with the conditions as revised and outlined above.

Motion carried 3 - 0.

3. TRAILS @ VISTA BONITA PUD (#98-S1362): 10-07-68 - NORTH OF

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

Approval of Trails at Vista Bonita Master Plan and Preliminary Phase Plan, with the following conditions: 1) Traffic generated by the proposed development will have an impact on the I/25/SH14 interchange and SH 14 corridor. An I-25/SH14 Interchange Feasibility Study has been drafted to examine those impacts and recommend improvements to mitigate them. The applicant agrees to participate in the implementation of the recommended improvements as follows: a) The County will waive the county-wide transportation capital expansion fees that would normally be collected at the time of issuance of building permits within the development. In lieu of these fees, the applicant agrees to pay a transportation impact fee related to the Phase 1 and 2 improvements recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig. The proportionate share of the Phase 1 and 2 improvements for Trails at Vista Bonita was estimated in the Interchange Feasibility Study to be $93,000. The amount of the impact fee to be collected with the issuance of each building permit within the development shall be established by the Board of County Commissioners prior to final approval of the plat. Thereafter, the Board of County Commissioners shall review the amount of the impact fee each December to determine if the fee should be adjusted to accurately reflect the most current cost estimates or the actual costs of construction of the proposed Phase 1 and 2 improvements. The adjusted fee shall become effective on January 1 of the following year. In any case, the County and the applicant agree that the total amount of the transportation impact fees collected for the proposed Trails at Vista Bonita development will not exceed $107,000, which is 115 percent of the currently estimated proportionate share; b) The transportation impact fees are intended to fairly apportion the costs of the recommended Phase 1 and 2 improvements among the traffic generating developments included in the Interchange Feasibility Study. To ensure a fair distribution of costs, it is understood that to the extent that the applicant constructs portions of the recommended Phase 1 and 2 improvements or provides right-of-way for those improvements, the costs of such construction or right-of-way dedication will be a credit against the transportation impact fees due for the development; c) The County's regional transportation capital expansion fees are not waived, and will be collected at the time of building permit issuance or placement of a dwelling unit within the development; 2) The applicant understands that the Colorado Department of Transportation may require improvements on the state highway other than those identified by the Interchange Feasibility Study as a condition of approving access to the highway. Such improvements may include, but are not limited to, acceleration and deceleration lanes, turn lanes, and access control improvements. The cost of dedicating right-of-way or constructing these improvements will not be credited against the transportation impact fees collected from the development; 3) The North Front Range Transportation & Air Quality Planning Council has recommended the expenditure of $675,000 for construction of certain safety related improvements along SH14 identified in the I-25/SH14 Interchange Feasibility Study. The County currently anticipates that state/federal funds for these safety related improvements will become available in July 2000. The applicant is aware of the concerns about increasing traffic volumes on SH14 without these safety related improvements being implemented. In light of those concerns, the applicant agrees that in the event state/federal funds in the amount of $675,000 have not been approved and become available by August 1, 2000, the transportation impact fee for the development will be recalculated to provide that the applicant will pay a proportionate share of the $675,000 to ensure the safety related improvements are funded; 4) Traffic generated by the Waterdale, Clydesdale, and Trails at Vista Bonita developments may trigger the requirement for a traffic signal at the intersection of Clydesdale Parkway/Camino del Mundo and SH14. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required. The applicant agrees to participate in the cost of the traffic signal, with the extent of such participation proportionate to the amount of traffic generated by the development at full buildout relative to the traffic generated by the other two developments at full buildout. The applicant further agrees that when 50 percent of the proposed new dwelling units have been constructed in the development, the applicant will establish an escrow account for the development's proportionate share of the cost of the traffic signal. Based on an estimated total cost of $150,000, the applicant's proportionate share of the traffic signal is estimated to $24,000. If the traffic signal requirement has not been triggered and the signal has not been constructed two years after full buildout of the development or ten years after approval of the final plat, whichever time period is longer, the funds for the traffic signal in the escrow account will be returned to the applicant; 5) The applicant agrees to repair any damage to the existing roads in Vista Bonita resulting from construction of the development. Representatives of the applicant, Larimer County, and the existing homeowners associations(s) will conduct an inspection of the existing roads prior to commencement of development activity, and the condition of the roads at such time will be documented by Larimer County. A follow-up joint inspection will take place two years after initial acceptance of the public improvements, just prior to release of warranty collateral. Warranty collateral shall equal fifteen percent (15%) of the initial cost of public improvements. Depending on the extent of damage, repairs may range from crack filling and minor patching to overlay or reconstruction. The determination of the necessary repairs shall be made by the County Engineer. The applicant shall promptly make repairs required by the County Engineer prior to final inspection and release of warranty collateral if, in the opinion of the County Engineer, such intermediate repairs are necessary; 6) The applicant shall provide at final plat confirmation that the HOA will acquire and maintain 60 memberships in the lake association. The HOA documents shall insure that the memberships are current at all times; 7) The HOA documents and development agreement shall reflect the need for and responsibility for both the long term, as well as, construction phase maintenance of the existing roads; a) Construction traffic shall be limited to using Camino Del Mundo Drive and Camino Real to Highway 14; b) The applicant agrees to establish an escrow account, for the Trails at Vista Bonita development, to repair the existing roads: Camino Del Mundo and Camino Real, (which will be the only construction roads) to the level agreed upon at the time of the initial inspection. The applicant will deposit $2,000 into the escrow account each time a lot in the development is sold. At a point in time, agreed upon by the Vista Bonita HOA and the applicant, Larimer County, the developer and the Vista Bonita HOA will jointly inspect the roads and agree on the necessary repairs. The repairs will be funded by the escrow account. Any funds remaining in the escrow account after the repairs are made will be turned over to the HOA for future road maintenance of Camino Del Mundo and Camino Real; c) The applicant agrees that money from the escrow account may be used to install speed humps on Camino Del Mundo and Camino Real in the existing Vista Bonita Subdivision if the required signatures are obtained from Vista Bonita residents. This will slow traffic and help in preserving the existing roads d) The future property owners in the Trails at Vista Bonita PUD will be required to participate in any future improvements districts at Vista Bonita; 8) All structures shall be required to have engineered footing and foundations; 9) The applicant shall provide a plan at the time of final plat approval which shall indicate which lots may not have basements and which may. This map shall be prepared by soils engineers and be based upon testing to determine the seasonal high ground water on each lot. Any subdrains designed for this property shall be engineered to maintain the integrity of the existing wetlands; 10) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 11) Park fees and School fees and drainage fees shall be paid at the time of building permit. The fee paid shall be the then current fee; 12) The final plat shall reflect the concerns of the Larimer and Weld Ditch Company. If an agreement is necessary it shall be provided prior to final plat approval; 13) The final plat shall contain the standard notes and notices regarding rural area issues; 14) The County Engineering Department shall investigate the costs associated with maintenance of the streets in this development; 15) The applicant shall install speed humps, pursuant to current County Policy; 16) All perimeter fencing shall be split rail or equivalent; 17) The covenants and restrictions for this development shall include provisions, which provide for all residents of all phases of Vista Bonita to have access to the trails and open space area; 18) These conditions of approval will be incorporated in a development agreement signed by both parties as a part of final plat approval.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and the Urban Growth Area Review Board/Staff recommendation and approve theTrails at Vista Bonita PUD (#99-S1410), with the conditions as revised and outlined above.

Motion carried 3 - 0.

4. WATERDALE SPECIAL REVIEW & AMENDED ZONING (#97-MZ1067):

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

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

FARMING EXISTING ZONING

Approval of the Waterdale Special Review and Amended Zoning, with the following conditions: 1) Traffic generated by the proposed development will have an impact on the I-25/SH14 interchange and SH14 corridor. An I-25/SH14 Interchange Feasibility Study has been drafted to examine those impacts and recommend improvements to mitigate them. The applicant agrees to participate in the implementation of the recommended improvements as follows: a) The County will waive the county-wide transportation capital expansion fees that would normally be collected at the time of issuance of building permits within the development. In lieu of these fees, the applicant agrees to pay a transportation impact fee related to the Phase 1 and 2 improvements recommended by the I-25/SH14 Interchange Feasibility Study prepared by Felsburg Holt & Ullevig. The proportionate share of the Phase 1 and 2 improvements for Waterdale was estimated in the Interchange Feasibility Study to be $155,000. The amount of the impact fee to be collected with the placement of each building permit within the development shall be established by the Board of County Commissioners prior to final approval of the plat. Thereafter, the Board of County Commissioners shall review the amount of the impact fee each December to determine if the fee should be adjusted to accurately reflect the most current cost estimates or the actual costs of construction of the proposed Phase 1 and 2 improvements. The adjusted fee shall become effective on January 1 of the following year. In any case, the County and the applicant agree that the total amount of the transportation impact fees collected for the proposed Waterdale development will not exceed $179,000, which is 115 percent of the currently estimated proportionate share; b) The transportation impact fees are intended to fairly apportion the costs of the recommended Phase 1 and 2 improvements among the traffic generating developments included in the Interchange Feasibility Study. To ensure a fair distribution of costs, it is understood that to the extent that the applicant constructs portions of the recommended Phase 1 and 2 improvements or provides right-of-way for those improvements, the costs of such construction or right-of-way dedication will be a credit against the transportation impact fees due for the development; c) The County's regional transportation capital expansion fees are not waived, and will be collected at the time of building permit issuance or placement of a dwelling unit within the development; 2) The applicant understands that the Colorado Department of Transportation may require improvements on the state highway other than those identified by the Interchange Feasibility Study as a condition off approving access to the highway. Such improvements may include, but are not limited to, acceleration and deceleration lanes, turn lanes, and access control improvements. The cost of dedicating right-of-way or constructing these improvements will not be credited against the transportation impact fees collected from the development; 3) The North Front Range Transportation & Air Quality Planning Council has recommended the expenditure of $675,000 for construction of certain safety related improvements along SH14 identified in the I-25/SH14 Interchange Feasibility Study. The County currently anticipates that state/federal funds for these safety related improvements will become available in July 2000. The applicant is aware of the concerns about increasing traffic volumes on SH14 without these safety related improvements being implemented. In light of those concerns, the applicant agrees that in the event state/federal funds in the amount of $675,000 have not been approved and become available by August 1, 2000, the transportation impact fee for the development will be recalculated to provide that the applicant will pay a proportionate share of the $675,000 to ensure the safety related improvements are funded; 4) Traffic generated by the Waterdale, Clydesdale, and Trails at Vista Bonita developments may trigger the requirement for a traffic signal at the intersection of Clydesdale Parkway/Camino del Mundo and SH14. The County will, in consultation with the Colorado Department of Transportation and based on established traffic engineering criteria, determine when the traffic signal is required. The applicant agrees to participate in the cost of the traffic signal, with the extent of such participation proportionate to the amount of traffic generated by the development at full buildout relative to the traffic generated by the other two developments at full buildout. The applicant further agrees that when 50 percent of the proposed new dwelling units have been constructed in the development, the applicant will establish an escrow account for the development's proportionate share of the cost of the traffic signal. Based on an estimated total cost of $150,000, the applicant's proportionate share of the traffic signal is estimated to be $35,700. If the traffic signal requirement has not been triggered and the signal has not been constructed two years after full buildout of the development or ten years after approval of the final plat, whichever time period is longer, the funds for the traffic signal in the escrow account will be returned to the applicant; 5) Fees will be paid at the time of issuance of the gas line permit; 6) The applicant shall install all improvement required by the Colorado Department of Transportation in the access permit issued by the State. Applicant shall provide a copy of their access permit at the time of final site plan review; 7) The applicant shall complete the required analysis of the potential habitat for the Prebels Meadow Jumping Mouse, and comply with the requirements of the USFWS; 8) The applicant shall revise the access plan at the southeast corner of the site to comply with the requirements of the Engineering Department; 9) The applicant shall provide and have approved by County Staff the following plans at the time of final site plan review: final construction plans, final landscape plans, and final drainage and erosion control plans; 10) This plan is approved for a gated community. This plan shall be approved by Larimer County Engineering and the Poudre Fire Authority; 11) The applicant shall provide additional trail easement along the west boundary of the property in conjunction with the 20 foot utility easement; 12) The applicant shall provide easements as requested by the PSCO on the final site plan; 13) All park and school fees or cash in lieu of dedications shall be paid at the time of individual home permit applications; 14) The applicant shall provide an alternate secondary access to the site as proposed at the hearing; 15) These conditions of approval will be incorporated in a development agreement signed by both parties before final approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendation and approve the Waterdale Special Review and Amended Rezoning (#99-Z1296), with the conditions as revised and outlined above.

Motion carried 3 - 0.

At this time, the regular portion of today's agenda commenced; Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

  1. EAGLE RIDGE ESTATES PUD (#98-S1306): 13 AND 14-8-69:
  2. SOUTHWEST OF THE INTERSECTION OF COUNTY ROAD 15,

    COUNTY ROAD 58 AND COLORADO HIGHWAY 1 AND NORTH OF

    THE EAGLE LAKE SUBDIVISION; 202.42 ACRES; 45 LOTS; FA-AND FA-1

    FARMING ZONING

    This is a request for a Master Plan, Preliminary Phase Plan and Rezoning from 2 non-contiguous parcels to develop a PUD on 202 acres with 45 dwelling units and 138 acres of open space. A private equestrian center (with an employee housing unit) and equestrian and pedestrian trails for the use of property owners are proposed. Staff findings include: 1) The proposed rezoning of the subject properties from FA-Farming and an expired conditional FA-Farming zone to FA-1 Farming, with conditions, will allow for coordinated development of the properties and will facilitate compliance with the intent of the Larimer County Master Plan; 2) The applicant proposes a cluster style of development and a community management plan for septic systems which will, in part, be located within septic systems is an essential part of this proposal. Because of site constraints, the requirements of the Larimer County Water, Sewer and Fire Safety Standards Manual regarding standard vs. engineered septic systems cannot be met. The applicant has requested a variance from these requirements; 3) Lack of options for access to the western portion of this development has resulted in a long internal access road, which lot owners in that area may find to be inconvenient. There do not appear to be other options for more efficient access. Limited access through an adjacent subdivision to the south is proposed to address emergency access issues. Provision of an approved emergency access connection is essential to the approval of this development; 4) With certain conditions, the proposed Master Plan and Preliminary Phase Plan for the Eagle Ridge Estates PUD is consistent with the intent of the Larimer County Master Plan, the Comprehensive Zoning Resolution, and the Planned Unit Development Resolution, and is consistent and compatible with existing development in the immediate area; 5) With certain conditions, approval of the Master Plan and Preliminary Phase Plan for the Eagle Ridge Estates PUD and Rezoning and the variance from the Larimer County Water, Sewer and Fire Safety Standards Manual requirements regarding standard vs. engineered septic systems, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.

    The Planning Commission/Staff recommendation is for I) Approval of the rezoning from FA-Farming and expired FA to FA-1 Farming, with the following conditions: 1) The rezoning shall be fore the purpose of the development of the subject properties as Eagle Ridge Estates PUD; 2) Failure to develop the Eagle Ridge Estates PUD, as approved and prior to expiration of development approvals, may result in rehearing and reconsideration of said rezoning by the Larimer County Board of Commissioners. (II) Approval of the variance from the Larimer County Water, Sewer and Fire Safety Standards Manual requirements regarding standard vs. engineered septic systems. (III) Approval of the Master Plan and Preliminary Phase Plan for Eagle Ridge PUD with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Master Plan and Preliminary Phase Plan, including all notes, wetlands delineation, septic system easements, open space and off-site access, utility and emergency access easements. Easements and rights-of-way of record and as required by the utility providers, the County Engineering Department, and the Colorado Department of Transportation shall be provided on the Final Plat. 2) The following notes shall be included on the Final Plat: a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; c) Lot specific geotechnical testing shall be required to determine whether engineered footing and foundation plans will be required for construction on these lots. A copy of the report and any required engineered plans must be submitted with building permit applications; d) Residential fire sprinkler systems shall be required for dwellings on Lots 25-45. Plans must be approved by Poudre Fire Authority prior to building permit issuance. If adequate fire flows are not available in other portions of this development at the time of residential construction, then sprinkler systems shall be required for dwellings in those areas; e) The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amount that is current at time of building permit application shall apply; f) Underground utilities shall be required; g) Rural area issues: i) Agricultural uses are present in this area which may result in odors, dust and noise at any time of the day or night, several days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; ii) Lot owners should be aware of the potential for nuisance problems with some wildlife that may use this area, including wildlife eating pet food and garbage or wildlife killing small pets. Wildlife my also be attracted by some types of landscaping. The Division of Wildlife can provide information to property owners, but will not remove animals that may be causing problems. It will be up to the homeowners to solve wildlife nuisance problems in a legal manner; iii) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; iv) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; v) A dog boarding kennel is located along Colorado Highway 1 near the southern end of this development. This use may result in odors and noise that may conflict with residential uses. 3) Final construction plans and drainage and erosion control plans and reports which satisfactorily address site-specific issues as contained in reviewing agency comments shall be required with the Final Plat application. Prior to recording the Final Plat, road construction and utility plans must be approved by applicable aagencies, including the Larimer County Engineering and Health Departments, Poudre Fire Authority, Colorado Department of Transportation, Public Service Company, Water Supply and Storage Irrigation Company, North Poudre Irrigation Company, and utility service providers. Plans for identifying and controlling the emergency access and plans for the main entrance gates must be approved by Poudre Fire Authority. Ten copies of plans shall be submitted with the Final Plat application. 4) Copies of permits from the Colorado Department of Transportation for the accesses to the state highway shall be submitted with the Final Plat application (submit 2 copies). No construction shall take place within the highway right-of-way prior to obtaining permits or prior to approval of construction plans; 5) All necessary documents to ensure and provide for perpetual access, emergency access and utility easements across adjacent properties, as presented in this application, shall be submitted with the Final Plat application for review and approval. 6) All subdivision improvements necessary and proposed for this development are the responsibility of the developer. All improvements must be included in a Subdivision Improvements Agreement (SIA) and guaranteed by approved collateral. These improvements include such road construction, bridge(s), utility extensions, water line (pressure booster) pumps, street signs, fire hydrants, landscaping, internal trail system, stables/horse facilities and other common features. The SIA with cost estimates and proposed collateral must be included in the Final Plat application. Approved collateral shall be submitted prior to recording the Final Plat. 7a) Covenants and open space management plans for this development shall include provisions for maintenance of the common access roads and emergency access, emergency access gates, drainage facilities, open space tracts, trails and equestrian facilities, and other common elements. These documents must address specific items as recommended by reviewing agencies, including pasture management, weed control and management, wildfire mitigation, and wildlife habitat protection; 7b) Specific covenants to implement the wastewater management plan as proposed for this development must be included. Formation of the Homeowners Association and submittal of the Association rules and procedures relating to sewer system management, along with the Technical Operations and Maintenance Manual for sewer systems shall be required for review and approval by the County Health Department prior to Final Plat recording; 8) The use of the equestrian center, including stables, boarding, indoor and outdoor arena and pasture areas, shall be limited to property owners within the Eagle Ridge Estates PUD and their guests. Development of the site shall be consistent with the proposed preliminary plans for this facility. The maximum number of horses allowed shall be 20 horses. No public or commercial use or events are permitted at the facility. Based on the applicant's written proposal dated September 15, 1999 regarding proposed activities at the equestrian center, limited invitational events will be permitted. Covenants for this development must include the specifications regarding invitational events and use of the equestrian center as presented in the application materials; 9) Copies of the written agreements between the applicant and the North Poudre Irrigation Company and the Water Supply and Storage Company shall be submitted with Final Plat application materials; 10) Final Plat application materials shall include a listing of all encroachments in the Public Service Company's gas line easement, including those for roads, trails, utilities, septic easements, landscaping and lots. Encroachment agreements for development improvements must be approved prior to recording the Final Plat. Homeowners Association management plans must also note the presence of this easement and any special provisions for maintenance of open space that may impact or be impacted by the gas line/easement. Any necessary building envelopes for individual lots impacted by the easement shall be included on the Final Plat; 11) The final landscape plan for the development shall be approved by the County Natural Resources Department. Plans shall be consistent with the preliminary landscape plan, including plans for entrance features and signs; 12) Written confirmation from ELCO Water District that the entire development is included within their District shall be submitted with the Final Plat application; 13) Tamarisk trees on the subject property shall be removed as a part of Phase 1 construction activities.

  3. FOX ACRES LOT 71 & COMMON AREA AMENDED PLAT (#99-S1378):
  4. 22-20-73 OFF CR 74E ON THE NORTHEAST SIDE OF THE RED

    FEATHER LAKES SUBDIVISION, OFF PRAIRIE DIVIDE ROAD;

    464 ACRESL E-1 ESTATE ZONING

    This is a request to relocate Lot 71 and expand Building Envelope "J" to allow for the relocation of the Recreation Center within the Fox Acres PUD. This item required the approval of an Amended Master Plan for Fox Acres, which was approved earlier this year. Staff findings are: 1) The proposed Amended Plat for the Fox Acres Lot 71 and Building Envelope "J" is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding neighborhood as required by the Master Plan; 3) The proposal is supported by various review agencies including those noted in the staff report. Staff recommendation is for approval of the Amended Plat of the Fox Acres Master Plan for the relocation of Lot 71 and reconfiguration of Building Envelope "J" to allow for new recreation facilities, with the following conditions: 1) The Amended Final Plat shall be completed in strict conformance with all original conditions in place except as modified by this action; 2) The applicant shall provide an updated site plan showing the current status of the Fox Acres Master Plan.

  5. RED ROCK ESTATES AMENDED PLAT (#99-RLA0002): 01-07-70 -
  6. 3/4 MILES TO THE NORTHEAST OF HORSETOOTH RESERVOIR,

    WEST OF THE HORSETOOTH SPORTS CYCLE PARK ON COUNTY

    ROAD 25G; 15.86 ACRES; 1 LOT; O-OPEN ZONING

    This is a request for approval to relocate the building envelope on Lot 1 approximately 50 feet to the northwest of its platted location. The Rural Land Use Center Staff recommends approval of the Amended Plat for Lot 1 of the Red Rock Estates Rural Land Use Plan.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Rural Land Use Center/Staff recommendations and approve the Eagle Ridge Estates PUD and Rezoning (#98-S1306); Fox Acres Lot 71 & Common Area Amended Plat (#99-S1378); and the Red Rock Estates Amended Plat (#99-RLA0002); each, with the conditions as outlined.

    Motion carried 3 - 0.

     

     

  7. HUANG PRELIMINARY RURAL LAND PLAN (#98-RLP0023):

W 1/2 25-4-70 - LOCATED 4 TO 5 MILES WEST OF HIGHWAY 287,

SOUTHWEST OF BERTHOUD ON COUNTY ROAD 4; 320 ACRES;

17 LOTS; FA-1 FARMING ZONING

This is a request for preliminary approval to divide 320+/- acres in the following manner: up to 17 units of approximately 3 to 10 acres each for a total of 105+/- acres and approximately 215 acres of residual land (private open space), protected from further development by a 40-year covenant. Mr. Reidhead introduced the applicant Mr. Pao-Chin Huang and Peter Swift, Design Consultant for the project, and described the project and its location and reviewed the major issues and concerns. Mr. Reidhead stated that a neighborhood meeting was held on February 4, 1999 and 55 area residents attended with a number of concerns; subsequently, a meeting was held with the Executive Committees of the two homeowners associations (Foothills and Berthoud Estates) to discuss technical issues and many of the concerns were addressed. A second neighborhood meeting was held on May 27, 1999, attended by approximately 20 area residents. The Staff findings are that this proposal is consistent with the policies of the Rural Land Use Process: 1) The greater number of residential units possible under the current FA-1 (Farming-1) zoning the property, the density and proximity of the residential development immediately to the east, and the general development pressure within the immediate area, especially use-by-right 35-acre division of land, supports our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) The site-based incentives (8 density bonus units, or 89%) provide the landowners with roughly equivalent benefits that they would obtain through dividing their property into individual 35-acre tracts, particularly in light of the fact that the higher-value ridgeline home sites will be eliminated and that the development standards are increased by using the RLUP. As proposed, this project will also provide commensurate benefits to Larimer County, both immediate neighbors and citizens in general. Those benefits are summarized below: a) Wetlands preservation and enhancement to be planned in consultation with the Army Corps of Engineers; b) 40-year covenant on 215+/- acres of agricultural land with a comprehensive management plan; c) Large expanse of open land visible from public road; d) Strict HOA covenants with architectural controls; e) Homes kept off of ridgelines; f) Reduction, without down zoning, of the number of residential units allowed under current FA-1 zoning; of particular significant in light of the considerable development pressure in the area, influenced in large part by nearby Boulder County; 3) RLUC staff supports the Huang Preliminary Rural Land Plan based on the applicant's planning and design rationale for the project, and the potential for continued innovative agricultural use of the residual land. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review; 4) The plan is compatible with the existing neighboring land uses; 5) The emergency access through Berthoud Estate's western cul-de-sac will not be used for day-to-day traffic. It will be restricted to emergency use only in a manner approved by Larimer County Engineering and Berthoud Fire Protection District.

Mr. Reidhead stated that the applicant has concerns about the nature of the residual land and whether or not the public will have access to it; Ms. Haag responded that residual land is land set aside as being non-developed, but remains in private ownership and is not accessible to the public. Mr. Reidhead stated that a condition was included in error in the staff report regarding dedication of a public trail easement to Larimer County; he noted that condition should be deleted, but he still supports this project with that deletion.

Mr. Swift spoke about the design elements of the property and described the proposal; he noted that with regard to the trail easement dedication, originally the applicant was willing to work with adjacent residents in Berthoud Estates to preserve some trail for a portion of the property because they favored a trail. He noted, however, that later a number of residents expressed very strong opposition to the trail; therefore, he requested that the condition requiring dedication of a public trail easement be eliminated, but he noted for the record that the family is willing to consider this in the future.

Questions from the Board and discussion followed; the question was raised concerning who would be responsible for the residual land if the Huangs sell their lot, since it is separate from the residual land. Mr. Swift discussed this concern with Mr. Huang and he agreed to a condition that Lot 17 will be included with the residual land. Ms. Haag stated that this building envelope could be separated in the future through the minor land division process and this should be noted in the conditions of approval and in the development agreement.

There was no one present for public comment; it was noted that the change in venue for today's hearing was properly posted with directions to the City Council Chambers. Mr. Reidhead also stated they sent out cards to anyone that attended any of their meetings, as well as adjacent property owners, advising them of the location of today's hearing.

Following lengthy discussion, the recommendation and conditions of approval for the Huang Preliminary Rural Land Plan were amended as follows: 1) Issuance of a Larimer County Road Access Permit before the access to CR 4 is constructed. The access must be in accordance with the Larimer County Access Policy; 2) Approval of final engineering designs, including design of utilities, roads, ROW dedication, stormwater plan, and erosion control plan before final plat approval; 3) A complete geo-technical investigation and engineered footing and foundation plan is required of each building site prior to construction and reviewed by the Engineering Department; 4) The Culver Gulch belongs to a specific ditch company and this project will require their review and approval; 5) Demonstration of adequate water service provided by Little Thompson Water District; 6) Preliminary soil testing and site plan to demonstrate soil suitability for on-site sewage systems in accordance with County Health Department recommendations; 7) Residual land covenants and management plan review and approval by County Attorney and the RLUC Director prior to final plat approval; 8) Homeowners' association covenants, including architectural controls, and provisions for internal road maintenance, review and approval by County Attorney prior to final plat approval; 9) Review and approval of final development agreement by County Attorney; 10) Applicant is amenable to further discussing with the County the possibility of dedicating a public trail easement on the property along the east and north boundaries. 11) The Management Plan should indicate that Lot 17 and the residual land shall be one parcel, but that at a later time, Lot 17 may be divided off from the residual land with County approval; 12) The results of a radon on detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt for a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 13) Transportation Capital Expansion Fees in effect at the time of building permit issuance shall be assessed on each lot; 14) Park fees in effect at the time of building permit issuance shall be assessed on each lot; 15) RLUP fees in effect at time of building permit issuance shall be assessed on each lot; 16) School fees shall be collected at the time of building permit issuance; 17) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 18) At time of real estate closing, owner or real estate professional shall provide purchasers of residential lots and residual lands with Code of the West, a County document which addresses differences between urban and rural living in Larimer County; 19) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; 20) The emergency access through Berthoud Estates western cul-de-sac will be restricted to emergency use only and will be approved by County Engineering and Berthoud Fire Protection District; 21) Army Corp of Engineers approval of Culver drainage/wetland crossing for the internal road system; 22) The following notes shall also be included on the final plat: a) Mosquitoes: During certain times of the year, mosquitoes may present a significant nuisance. The County does not have a mosquito control program. Any spraying or other control will be the responsibility of the property owners; b) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available; c) Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At times prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; d) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; e) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture.

 

 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and the Rural Land Use Center Director/Staff recommendation and approve the Huang Preliminary Rural Land Plan (#98-RLP0023), with the conditions as revised and outlined above.

Motion carried 3 - 0.

The hearing adjourned at 5 p.m.

TUESDAY, OCTOBER 19, 1999

ADMINISTRATIVE MATTERS

(#542 @ 100)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Lucia Liley and Mike Demma, Co-chairs for the Poudre School District Facilities Task Force Executive Committee; County Attorney George Hass; Assistant County Attorney Jeannine Haag; Bob Wilson, Chair of the Larimer Center for Mental Health; Randy Ratliff, Director Mental Health Center; Linda Bobbitt, Managed Care Specialist; Gael Cookman, Clerk's Office Administrative Assistant; Tom Grandbois, Owner Fargo Roadhouse; Deputy Dave Burns; Ryan Straabe, General Manager Fargo Roadhouse; Ginny Riley, Human Services Director; Scott Cornell, Environment Site & Access Specialist; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 11, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of October 11, 1999, as submitted.

Motion carried 2 - 0.

Invitations: Ms. Hart reviewed the pending invitations with the Board.

 

 

 

3. APPROVAL OF SCHEDULE FOR WEEK OF OCTOBER 25, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of October 25, 1999, as submitted and revised.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on October 19, 1999:

MISCELLANEOUS DOCUMENTS: Amended Certification of Unpaid Utility Fees; and Amended Plat of Lot 1, Red Rock Estates Rural Land Use Plan.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Mexican Inn - 6% - Loveland, CO.; 7-11 Store - 3.2% - Fort Collins, CO.; Change of Corporate Name from Southland Corporation to 7-Eleven, Inc. Licenses were issued to: Mishawaka Inn, Inc. - 6% - Bellvue, CO., and Rock Inn Steak House - 6% - Estes Park, CO.

A99-185 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SHARON ROWLEN (Consultant for

Facility Planning and Project Management Services)

C99-68 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND RANGE

ENGINEERING, INC. (Consultant for Inspection of Minor Bridges)

Motion carried 2 - 0.

5. REPORT FROM POUDRE SCHOOL DISTRICT FACILITIES EXECUTIVE COMMITTEE: Ms. Liley and Mr. Demma reported on the activities of the Poudre School District Facilities Executive Committee; she informed the Board that the Committee expects to have a worksession with the Board of Education in November and they are considering an election some time next year. Ms. Liley continued that one of the big issues being considered is the notion of a partnership with the City of Fort Collins, Larimer County, and the School District because they all have limited funds, have a lot of cross needs, and a lot of potential for joint use; she noted that they have set up a special sub-committee to discuss the partnership issue and they have meetings scheduled with the Mayor of Timnath, the Town Clerk from Wellington, and a group from LaPorte and so they intend to make this fairly broad based. Mr. Demma stated that they are committed to developing strategies to obtain more community input to bring the City and County together; he noted that Mr. Martinez, Mayor of Fort Collins, made the comment that "This needs to be a community wide program" and they have adopted that statement as their theme. Ms. Liley stated that the District is looking at new designs for the new schools to be constructed, as well as renovation of existing facilities, and they are planning construction of two new youth activity centers.

6. DISCUSSION OF FARGO ROAD HOUSE LIQUOR LICENSE: Chair Pro-Tem Disney explained that the purpose of today's meeting with the owner and manager of the Fargo County Roadhouse is to discuss the inordinate amount of incident reports and calls from their establishment to the Sheriff's Department. Mr. Straabe stated that any time he sees a potential problem, he calls immediately; he noted he now has 14 security officers on site. Deputy Burns stated that there are other similar bars in Fort Collins that probably have as many fights, but they don't call on every occasion; he noted that Fargo has been very diligent about calling them and they have done a lot of things that he has recommended - such as undercover bouncers in the bar to spot patrons that are visibly intoxicated, as well as looking for underage drinkers, and they brought in a portable breath tester - they have done everything they have been asked to do. Commissioner Rennels acknowledged that their reputation is that they will call the Sheriff's Department if there is any trouble. Mr. Grandbois stated that they made a video of a meeting Joe Hemby from the Sheriff's Department conducted, which they show to their employees periodically.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the annual renewal of the liquor license for the Fargo County Roadhouse.

Motion carried 2 - 0.

At this time Chair Olson joined the meeting.

7. RESOLUTION OF INTENT TO TRANSFER MENTAL HEALTH CENTER AND REQUEST FOR WAIVER OF PURCHASING POLICY TO CONTRACT WITH THE NEW NON-PROFIT MENTAL HEALTH CENTER: Ms. Bobbitt requested Board approval of a resolution to transfer responsibility for mental health services from the the Larimer County Mental Health Center (LCMHC) to the Larimer Center for Mental Health (LCMH) and to waive the formal bid/proposal policy effective January 1, 2000 through December 31, 2001 so that, if they choose, County departments which currently purchase services from the LCMHC would be able to renew those agreements one time without a competitive process. This action will allow departments to continue their current agreements with LCMH for one year beyond the current agreements and would not bind departments in any way.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution to transfer responsibility for mental health services from the Larimer County Mental Health Center to the Larimer Center for Mental Health, and authorize the Chair to sign same, as requested. .

Motion carried 3 - 0.

R99-151g RESOLUTION CONCERNING TRANSFER AND ASSIGNMENT OF

MENTAL HEALTH SERVICES FROM LARIMER COUNTY TO A

PRIVATE NOT-FOR-PROFIT CORPORATION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of County policy #300.18, the "Formal bid/proposal purchasing policy", as it relates to agreements between County Departments and the Mental Health Center, for one year beginning January 1, 2000 and ending December 31, 2001.

Motion carried 3 - 0.

At this time, Chair Olson left the meeting.

8. REQUEST FOR THREE ADDITIONAL FTE'S IN THE HUMAN SERVICES DEPARTMENT: Ms. Riley requested Board approval of the establishment of three full-time Caseworker II positions in the Family Resource Program, which is a pilot project funded through TANF Funds; she noted that these positions will be term limited. Chair Pro-Ten Disney asked about space needs; Ms. Riley responded that some of these positions will probably be filled with existing staff and they also will provide an opportunity for telecommuting.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the establishment of three Casework II positions to be term limited and funded through TANF, as requested.

Motion carried 2 - 0.

9. FEES FOR ADMINISTRATION OF PRIVATE ROAD STANDARDS: Mr. Cornell requested confirmation from the Board of a decision made in a worksession to forgo assessment of fees for acquisition of a Private Road Construction Permit and subsequent certification.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve non assessment of fees for acquisition of Private Road Construction Permits and subsequent certification.

Motion carried 2 - 0.

10. SLOPE PROFILES PROCEDURES: Mr. Cornell requested Board approval to adopt a $50 fee for site investigations which he is requested to do for the Building Department to provide an accurate slope profile drawing, which is required at the time of plans submittal.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve adoption of a $50 site investigation fee, as requested.

Motion carried 2 - 0.

11. WORKSESSION:

-- Mr. Gluckman informed the Board that Joe Frank, from Advanced Planning for the City of Fort Collins, is putting together a policy review group for the I-25 Study and would like an elected official to represent the County; Chair Pro-Tem Disney volunteered to serve on that group.

12. COMMISSIONER REPORTS:

-- Commissioner Rennels reported on the City of Fort Collins/Larimer/CountyPoudre R-1 School District Liaison Committee meeting she attended this morning; she noted that school bus safety is an issue that is becoming critical in Larimer County; she noted they are getting more and more reports of people passing flashing red lights on school buses. She stated that two years ago, a deputy from the Sheriff's Department rode the buses with a chase car following which would ticket the violators. She stated that they are considering an ad campaign because with the growth in the County, home delivery is not going to be feasible, and more children will have to cross streets to get home. Chair Pro-Tem Disney suggested that this should be an item for discussion with the local Legislators because it probably is a State-wide problem.

-- Commissioner Rennels stated that there will be a meeting on October 27, 1999 at the Leeper Center with citizens from Wellington to discuss their role in the I-25 Corridor Study.

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag rejoined the meeting; Assistant County Attorney Bryan Treu and Marc Engemoen, Director of Public Works also joined the meeting for Legal Matters.

13. LEGAL MATTERS:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:10 a.m. to dicuss pending litigation and contract negotiations.

Motion carried 2 - 0.

The Executive Session ended at 11:40 a.m.; no action taken.

 

 

____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

_________________________________________________

Sherry E. Graves, Deputy County Clerk

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