MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 13, 2003

LAND USE HEARING

(# 188 )

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were David Karan, Geniphyr Ponce-Pore, and Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Recording Clerk.

Chair Bender stated the following items would not be discussed unless requested by Commissioners or members of the audience.

1. AMENDED PLAT OF LOT 25, THE RETREAT FILING #4 AMENDED #1 AND EASEMENT VACATION (WITH CONCURRENT BLA), NW 1/4 OF THE SW 1/4 OF SECTION 23, T6N, R72W LOCATED ABOUT 3-4 MILES NORTHEAST NORTHEAST OF GLEN HAVEN.

This item is a request to shift the southern boundary line of Lot 25, the Retreat Filing #4 Amended #1 south to incorporate approximately 2.27 additional acres from the meets-and-bounds parcel immediately to the south. Vacate the 10' utility easement platted on the original southern boundary of Lot 25, the Retreat Filing #4 Amended #1 and replat that easement along the new boundary line. The staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends the Board of County Commissioner; a) approve the proposed Amended Plat of Lot 25, the Retreat Filing #4 Amended #1 (parcel # 26232-08-025), b) approve the vacation of the utility easement located along the original southern property boundary (# 26233-00-022). Staff recommends approval of A-B, above, being subject to the following conditions; 1) the applicant must make the changes to the plat requested by the County's Engineering Department in the Land Surveyor's 9/9/03 letter; 2) a plat note must be added stating that if there is any needed "rearrangement of Qwest facilities due to this amended plat" the cost of the relocation will be paid by the land owners(s) of Lot 25.

2. CRYSTAL LAKES, 13TH FILING LOT 83, UTILITY EASEMENT VACATION 2-10-74, ON THE EASTERN PORTION OF LOT 83 OF CRYSTAL LAKES 13TH FILING AT THE INTERSECTION OF PAPAGO COURT AND OTTAWA WAY.

This is a request to vacate a portion of a utility easement located on the Lot 83 of Crystal Lakes 13th Filing. The staff recommendation is approval.

  1. FOX ACRES SUBDIVISION 2ND FILING, BUILDING ENVELOPE "G" - AMENDED PLAT 22-10-73; NORTH OF COUNTY ROAD 73E, IN THE RED FEATHER LAKES AREA, WITHIN THE FOX ACRES SUBDIVISION.

This is a request to amend the previously amended plat of Building Envelope G, within the Fox Acres Subdivision 2nd filing. The staff findings include; A) the proposed amended plat complies with the Larimer County Land Use Code; B) the proposed amended plat is compatible with other development in the surrounding area; C) approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; D) the amended plat will not adversely affect property values in the surrounding area. The staff recommendation is approval to amend the previously amended plat of Building Envelope G, within the Fox Acres Subdivision 2nd Filing, as contained in Planning Department File #03-S2173 and subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature; A) the Amended Plat of Building Envelope "G" shall be consistent with the information contained in Planning Department File #03-S2173; B) all outstanding building permits noted by the County Building Department must be scheduled for finalization within 90 days of the approval of this amended plat.

4. AMENDED PLAT OF TRACT B, OF THE PREVIOUSLY AMENDED PLAT OF TRACT B IN THE AUDREY ACRES MRD, ALONG WITH TRACT B OF THE HAMMOND EXEMPTION, SW 1/4 32-08-69; OFF THE NORTH SIDE OF ARAPAHOE DRIVE, ON THE EAST SIDE OF CLAYMORE LAKE, SOUTHWEST OF LA PORTE

This is a request to adjust the Amended Plat of the existing lot line between the previously Amended Plat of Tract B in the Audrey Acres MRD, and Tract B of the Hammond Exemption. The staff findings include: A) the proposed amended plat complies with the Larimer County Land Use Code: B) the proposed amended plat is compatible with other development in the surrounding area; C) approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; D) the amended plat will not adversely affect property values in the surrounding area. The staff recommendation is approval of the Amended Plat of the previously Amended Plat of Tract B, the previously Amended Plat of Tracy B of the Audrey Acres MRD, and Tract B of the Hammond Exemption, subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature; A) the Final Amended Plat shall be consistent with the information contained in File # 03-S2176, or as modified by conditions of approval; B) the Final Amended Plan shall be corrected per the requirements of the Larimer County Engineering Department; C) the Final Amended Plat shall include all easements required for access and by the Utility Providers.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as outlined and presented above.

Motion carried 3-0.

5. BIG HORN RIDGE LOT 3 REZONING AND GENERAL DEVELOPMENT PLAN 19-06-68; LOT 3 BIG HORN RIDGE SUBDIVISION, ON THE SOUTH SIDE OF CARPENTER ROAD 1/2 MILE WEST OF TIMBERLINE ROAD.

This is a request for rezoning of Lot 3 Big Horn Ridge Subdivision, 21.7 acres, from FA-1 to FA and General Development Plan for a subdivision of the lot into 21, single family lots of .59 acres each and open space of 6 acres. The staff findings state an up zoning of the lot, which would increase the residential density, is contrary to the goals and strategies of the Master Plan and The Plan for the Region. This request fails to meet the required criteria for review on rezoning, which are; A) the proposed change is consistent with the Master Plan; B) the proposed change is compatible with existing and allowed uses on properties in the neighborhood and is the appropriate zoning for the property; C) conditions in the neighborhood have changed to the extent that the proposed change is necessary; D) the proposed change does not result in significant adverse impacts on the natural environment; E) the proposed change addresses a community need; F) the proposed change results in a logical and orderly development pattern in the neighborhood. Mr. Helmick stated that those members voting in the minority were principally concerned with the role and relationship of the two policy documents that is directed in this area of the County, the Master Plan and the Plan for the Region. Mr. Helmick continued that this site and the surrounding areas are zoned FA-1, which allows for one unit per 2.29-acre lots. The size of the parcel dictates the process, and this parcel being less than 30 acres would be considered Subdivision rather than a Conservation Development. Mr. Helmick stated that the staff would probably support the direction of the plan of the region and request the applicant to do a Conservation Development on the site that is less than 30 acres and could result in a plan consistent with some of the arguments for the Plan of the Region. Mr. Helmick continued that with the existing zoning maximum number of units that could occur is 9 units, the applicants with their rezoning are asking for 21 units, which is less than the density of the FA zoning that could be allowed with public water and public sewer. Mr. Helmick noted that the surrounding properties were developed consistently with the Plan for the Region or before the plan was adopted and where developed with the underlining zoning that existed on those properties and those regulations which were in affect at that time. Mr. Helmick continued that those previous developed properties do not represent an argument to rezone the property as the applicant has proposed. Mr. Helmick also noted that Lot 3 of the Big Horn Ridge is part of an overall development of Lots 1 & 2 previously approved, and an argument was made during that special review was the overall development site would generally be consistent with the impact on the site and what the Conservation Development might have on that same property. Mr. Helmick stated that with the documentation the Planning Commission along with the staff requests the Board deny the proposed Big Horn Ridge Lot 3 rezoning and general development plan.

PUBLIC COMMENT: Ms. Lucia Liley, representing the applicant, reviewed the history of the overall lots and what relationship the lots have and how they came to the application presented. Ms. Liley stated that the point to make internally is they have always tried to look at the site as a whole and to try to achieve both the goals of the Conservation Development and the goals of The Plan for the Region. Ms. Liley continued that FA zoning, if you have public water and sewer, as this site has, you are allowed 1/2 acre lots, and their request is for one dwelling unit per site, therefore, that would mean going from 2.29 acres to .59 acre through this rezoning. Ms. Liley stated that a question would seem to be, what is the City really looking for in regards to rezoning, would it be consistent, would it meet the goals, the transition, and the Master Plan? Ms. Liley continued to state that the reason the proposal does fit, is because The Plan for the Region shows 6 of the 21 acres would be set aside for open space, the lot sizes would be reduced from 2.29 acres to approximately .59 acres which would allow the lots to be clustered in the southern portion of the property, and the setback would be a minimum of 300 ft. from Carpenter Road.

Mr. Bruce Hendee, BHA Design, agreed with Ms. Liley, stating that they tried to achieve the intent of the Plan concerning the compatibility and density with the surrounding areas. Mr. Hendee continued that the proposal for the Big Horn Ridge Rezoning, he believed, met all the requirements.

Chair Bender questioned the density and the number of units based on the figures given for the surrounding area. Ms. Liley stated there are two types of analysis that they tried to do in order to see if this area was compatible with the areas to the south and to the west. Ms. Liley continued that first they looked at the area, the detached Single Family housing, then they looked at the density, which would be the number of lots divided into the acreage. Ms. Liley stated that when they looked at the lot sizes in the surrounding area and the lot sizes would be compatible to that area.

Chair Bender opened the meeting to public comment. Mr. Chuck Piper, member of the Lutheran Redeemer Church, read a letter from the Pastor addressing the Board of his concerns regarding the development. Mr. Piper stated he has been working as the project manager and his main concern is the cost and schedule of Big Horn Ridge. Mr. Piper continued that they need to find a way to pay for the project, considering all the stipulations from the City and stated that the approval of the rezoning would help fund the project

Mr. Gary Nordic, citizen, concurred with Mr. Piper, and stated that without a corresponding density the project for Big Horn Ridge will not work. Mr. Nordic continued that the Autumn Creek Subdivision was another difficult design but was approved partly because the staff had to think outside the box and come up with a creative solution. Mr. Gary Konkel stated that he was unaware that the project was a big problem and that maybe the discussion should be to look at the project from the end first and what the Board would like to see in that area in the next 2 to 3 years, and be proud of their decision.

Commissioner Rennels stated if there had been some discussion at one point that the Big Horn Ridge project was not approved, that the Autumn Creek project would not occur, or was that discussion made based on the current zoning they were looking for when they came in for the Special Review. Mr. Nordic stated that the Big Horn project would not work without this plan and he felt both plans worked best together.

Mr. Helmick stated that there was some disagreement on how the staff interpreted the plan and that interpretation came from working through the trenches of the discussion associated with the adoption of the County Master Plan, but the principal primus was that they were not going to rezone anything.

Chair Bender closed public comments at this time.

Chair Bender stated that he has seen the site and came to some conclusions regarding the Master Plan and the flexibility and whether the Region Plan overrides the other. Chair Bender continued that the region plan does fit, but there are certain objectives of the Region Plan to maintain views and preserve rural character. Chair Bender stated that the Board has a lot of discretion in this matter which gives them a lot of leeway. One thing about the density per area and the amount of homes in that area is important, including the buffer zones between Loveland and Fort Collins. Chair Bender sees the benefits of this project approved with 21 and the disadvantages, but based on the information provided he would like to see the units stay at 9 per acre and sees no reason to rezone.

Mr. Gibson stated that he agrees with Ms. Liley's presentation, but sees this area as a special buffered area, and this would be setting a precedent with the land along the south and the Growth Management Area (GMA) was designated along that road as a buffer area. Commissioner Gibson continued that the density is the number one concern with the individuals, and that this area has a different criteria, therefore he would not approve the upzoning.

Commissioner Rennels concurs with Chair Bender and Commissioner Gibson. Commissioner Rennels also stated that in another hearing there was a lot of talk that had to do with assumptions of stages. If this project would have come in at the beginning and stated that they had an assumption they may need upzoning they would not have gone through this. Commissioner Rennels continued that the Big Horn Ridge does have a better product, but it is difficult to approve the project to help the Church pay for its Church and to help Autumn Creek come through on its project. But looking at what Mr. Konkel stated, looking at the end first, one thing in the Master Plan was as we put the rules down, there is an expectation that we are going to stick with those rules, but there is also the expectation of the people in that area. Commissioner Rennels stated that she also supports denial on the Big Horn Ridge Rezoning.

MOTION

Commissioner Gibson moved that the Board of County Commissioners deny the request of the Big Horn Ridge Lot 3 Rezoning and the General Development Plan Subdivision.

Motion carried 3-0.

Chair Bender adjourned that meeting at 4:55 p.m.

TUESDAY OCTOBER 13, 2003

ADMINISTRATIVE MATTERS

(#189)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Melinda Keen, Donna Hart, and Deni La Rue, Commissioners Office; Nancy Wallace, Open Lands; Lew Wymisner, Enterprise Zone Administrator and Dawn Stroh, Recording Clerk.

  1. PUBLIC COMMENT: None.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 6, 2003: Chair Bender stated a correction was needed concerning his quotes in the October 6, 2003 minutes.
  3. MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the minutes with the correction for the week of October 6, 2003.

    Motion carried 3-0.

  4. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 20, 2003:
  5. Ms. Hart reviewed the schedule of the week of October 20, 2003 with the Board.

  6. CONSENT AGENDA:
  7. Chair Bender stated that these items would not be discussed unless requested by the Commissioners or members of the audience.

    MOTION

    Commissioner Rennels moved that the Board of County Commissioners approve the following items on the consent agenda as presented.

    ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Giuliano and Father Construction, Inc.; Aspen - Fort Collins Ltd. Partnership; Zarco, Inc.; Fox Acres Equity Club, Inc.; Christopher Neal and Julie Jo Elliott; and Patricia Russell.

    10142003A001 EASEMENT AND RIGHT-OF-WAY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FORT COLLINS - LOVELAND WATER DISTRICT AND SOUTH FORT COLLINS SANITATION DISTRICT

    10142003A002 DEVELOPMENT AGREEMENT FOR THE HOMESTEAD PUD, SECOND FILING, PLD AND PD BETWEEN THE BOARD OF COUNTY COMMISSIONERS; LEGACY DEVELOPMENT CORPORATION AND HEARTHSIDE HOMEOWNERS' ASSOCIATION OF FORT COLLINS, INC.

    10142003A003 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WSW LLC

    10142003A004 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JAKE KAUFFMAN & SON, INC., AND NATURE ESTATES HOMEOWNERS ASSOCIATION

    10142003R001 FINDINGS AND RESOLUTION APPROVING THE BISHOP MINOR LAND DIVISION

    10142003R002 FINDINGS AND RESOLUTION APPROVING THE YOUNG CONSERVATION DEVELOPMENT AND APPEAL TO THE LARIMER COUNTY LAND USE CODE CONNECTIVITY STANDARD

    10142003R003 FINDINGS AND RESOLUTION APPROVING THE HOST MINOR LAND DIVISION

    10142003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN INTERCHANGE BUSINESS PARK PLAN UNIT DEVELOPMENT LOTS 2 & 3

    10142003R005 FINDINGS AND RESOLUTION APPROVING THE IRONWOOD PLAZA SECOND SUPPLEMENT MAP

    10142003R006 FINDINGS AND RESOLUTION APPROVING THE LOWER BUCKHORN CANYON SUBDIVISION AND APPEAL OF CONNECTIVITY STANDARDS AND DENYING THE APPEAL OF THE RIGHT-OF-WAY DEDICATION STANDARDS.

    10142003R007 FINDING AND RESOLUTION APPROVING THE WATERDALE APPEAL

    10142003R008 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF GLACIER VIEW MEADOWS 2ND FILING LOT 28

    10142003R009 FINDINGS AND RESOLUTION APPROVING THE HULL SUBDIVISION

    10142003R010 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF FIELD TRAIL GAMEBIRDS

    10142003R011 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR WILLIS FARMS SUBDIVISION

    10142003R012 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR HILDERMAN MINOR LAND DIVISION

    10142003R013 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK SIX AMENDMENTS

    10142003R014 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR WOODLAND ESTATES SUBDIVISION

    10142003R015 RESOLUTION FOR STATUTORY VESTED RIGHT FOR HOMESTEAD PUD SECOND FILING PLANNED LAND DIVISION AND PLANNED DEVELOPMENT

    MISCELLANEOUS: Final Plat Homestead P.U.D Second Filing P.L.D. and P.D.

    LIQUOR LICENSES: The following licenses were approved and issued: The American Legion - Special Event - 6% - LaPorte, CO; Mishawka Inn - Tavern - Bellvue, CO. The following license was approved: Drink - N - Dawg - Change of Trade Name - LaPorte, Co.

    Motion carried 3-0.

  8. DISCUSSION OF THE OPEN LANDS ADVISORY BOARD BYLAWS:
  9. Ms. Keen and Ms. Wallace reviewed the Open Lands bylaws with the Board. Commissioner Gibson had a concern regarding, #II the Mission, and that it reads to preserve and protect, but doesn't state anything about maintenance. Ms. Wallace stated they did the Mission statement at the beginning, and at that time they were focusing on the goals and objectives and not really thinking of maintenance, but the work preserving would work in this case. Commissioner Rennels stated that maintenance would probably fall into the preservation area also, but that might be something to look at later on. Ms. Wallace continued in the Purpose #C, to function as an advisory board, what they intended to say was, the advisory board provides input to the County Commissioners on County Land Use/ Ownership decisions and Open Space Policy. Ms. Wallace stated that another change was on #IV Members, which should read, the advisory board members missing three consecutive regular monthly meetings or four meetings within a calendar year shall be replaced by the Board of County Commissioners or the respective municipality. Ms. Wallace stated #7 D, it is not a change but a concern that members remember the confidentiality of the meetings. Commissioner Rennels stated concerns regarding other statements in the document, which Ms. Wallace concurred and corrected those as well.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the Open Lands Advisory Board Bylaws as revised.

    Motion carried 3-0.

  10. REQUEST BY THE TOWN OF WELLINGTON TO AMEND THEIR PORTION OF THE COUNTIES ENTERPRISE ZONE: Mr. Wymisner, was accompanied by, Larry Larenzick, Town Administrator for Wellington, Reggie Kempt, Major Pro-Tem, Doug Andersen, President of the Wellington Economic Division. Mr. Wymisner stated that the Wellington Board of Trustees passed the resolution requesting an amendment/expansion of their portion of the Larimer County Enterprise Zone, and that the amendment did meet the State's criteria as an enterprise zone based upon per capita income. Mr. Wymisner continued that The Town of Wellington requests the Board of County Commissioners to approve the amendment of the Wellington Enterprise Zone, therefore, the request would then be forwarded to the State Economic Development Commission, which has the final say in the matter.
  11. MOTION

    Commissioner Rennels moved that the Board of County Commissioners approve the request by the Wellington Board of Trustees to amend their portion of the Larimer County Enterprise Zone.

    Motion carried 3-0.

  12. ESTES VALLEY BOARD OF ADJUSTMENT APPOINTMENT: Ms. Keen stated that one of the recent appointments to the Estes Valley Board of Adjustments is unable to serve due to medical reasons. Ms. Keen requests the Board to appoint Mr. Clifford Dill to fill an unexpired regular term effective October 14, 2003 through June 30, 2005.
  13. MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the appointment of Clifford Dill to an unexpired regular term effective October 14, 2003 through June 30, 2005.

    Motion carried 3-0.

  14. DISCUSSION OF AMENDMENT A: Commissioner Gibson stated that he has been reviewing the issue and now would like to request the Board to take a position on Amendment A. Commissioner Gibson continued that the swaying point was Amendment A would allow storage of water to be used for manning several wells that have been shut down. Chair Bender and Commissioner Rennels concurred.
  15. MOTION

    Commissioner Gibson moved that the Board of County Commissioners support Amendment A.

    Motion carried 3-0.

  16. WORKSESSION: Mr. Lancaster stated that a developer building on the southwest property next to the Courthouse, wanted to propose digging out the south area and construct an underground parking structure. Mr. Lancaster continued that the money is not much, but safety is an issue, and also the deed restrictions on the property, which states the property to be used for a Courthouse or Public Park. Commissioner Rennels stated that the deed restrictions are really tight, and the Safeway parking structure is a good example, that having safety issues and flooding, and the liability is a great burden for the County. Commissioner Rennels stated that she would not be in favor of the issue, Chair Bender and Commissioner Gibson concurred. Mr. Lancaster continued that there has been a lot of discussion about the Old Fairgrounds, and at this point the staff is ready to terminate the lease effective November 3, 2003. Commissioner Rennels stated that she would be in support of Mr. Lancaster's decision, Chair Bender and Commissioner Gibson concurred. Commissioner Rennels stated that she would like to follow up on Progressive 15, which she had mentioned in a prior meeting so that our County is represented. Commissioner Rennels continued that Anheuser Busch/American Eagle has a Good Sport Program or Designated Driving Program that she would like to send thank you notes from the Commissioners to those people that had participated. Chair Bender would like to recognize that during the Land Use Hearing, if the Commissioners would mind putting the Pledge of the Allegiance in the agenda. Commissioner Rennels and Gibson agreed.
  17. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.
  18. LEGAL MATTERS: None.

____________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

S E A L

A T T E S T

____________________________

Dawn L. Stroh, Recording Clerk