MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 26, 2004

LAND USE HEARING

(#49)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Claudia DeLude; Geniphyr Ponce-Pore; and Karin Knauf, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that staff is requesting the following items be removed from the agenda: Tidwell Zoning Violation, Victory Zoning Violation and Moen Building Violation.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the modified agenda as request by staff.

Motion carried 3 - 0.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. CONTINENTAL NORTH SUBDIVISION, 1ST FILING, LOT 25 & LOT 1A OF THE AMENDED PLAT OF LOTS 1-7, 10-12, 14-24, 35, 36, 38-41, CONTINENTAL NORTH FIRST FILING: LOT 25 OF THE CONTINENTAL NORTH SUBDIVISION, LOCATED WEST OF HORSETOOTH RESERVOIR, IN SECTION 30, TOWNSHIP 7 NORTH, RANGE 69 WEST, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Continental North in order to reconfigure a common lot line between Continental North Subdivision, First Filing, Lot 25 and Lot 1A of the Amended Plat of Lots 1-7, 10-12, 14-24, 35, 36, 38-41, Continental North First Filing. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by October 26, 2004 or this approval shall be null and void; 2. Technical corrections to the plat, as requested by Dale Greer of Larimer County Engineering, shall be made prior to recordation of the plat.

3. CRYSTAL LAKES 16TH CONSERVATION DEVELOPMENT EXCEPTION/ APPEAL: SW 06-10-73; LOCATED EAST OF CRYSTAL LAKES 5TH FILING AND NORTH OF CRYSTAL LAKES 3RD FILING, OFF OF NAVAHO ROAD

This is a request for an appeal for an Exception from Section 5.3.2.H of the Larimer County Land Use Code to process a land division proposal as a subdivision rather than the required Conservation Development. Applicant proposes to divide a 50.3-acre parcel into 9 lots through the Subdivision process. Staff recommendation is approval subject to the following conditions 1. The plat for the proposed subdivision shall include no lots smaller than five acres; 2. Each lot shall be designed with a building envelope that avoids steep slopes, rock outcrops and drainage areas; 3. The preliminary plat for the proposed subdivision shall include common area connections with adjacent parcels consistent with the previously approved Crystal Lakes P.U.D. Master Plan.

MOTION

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

Motion carried 3 - 0.

4. CRYSTAL LAKES 16TH SECTION 8.1.5 APPEAL: SW 06-10-73; LOCATED EAST OF CRYSTAL LAKES 5TH FILING AND NORTH OF CRYSTAL LAKES 3RD FILING, OFF OF NAVAHO ROAD

This is a request for an appeal to Adequate Public Facilities Section 8.1.5 Road Capacity and Level of Service Standards requiring improvements to the existing transportation system. Staff recommendation is that the Crystal Lakes 16th Filing Section 8.1.5 Appeal be denied.

Ms. Knauf stated that the road to this proposal is already over capacity and that the developments currently using County Road 73C existed prior to the Land Use Code requirements for adequate public facilities. Ms. Hayes explained that the road improvements are necessary, as the area is becoming more of a year-round place to live as opposed to vacation/summer homes. Ms. Hayes further noted that a portion of County Road 73C is scheduled to be paved, but that 4 to 6 additional miles would need to be paved by the applicant.

Chair Rennels asked how many homes are currently located between CR 73C and Tami Rd and Ms. Hayes replied that approximately 2900 parcels have been approved but not all have been improved. Commissioner Bender asked if impact fees had been collected for the other developments and Ms. Hayes replied in the affirmative but did not know how much.

Mr. Don Weixelman, the applicant, provided the history of Crystal Lake, Inc. and stated that County Roads 74E and 73C service Creedmore Campground, Crystal Lakes and citizens out sightseeing and that the creation of 9-lots is not going to create a significant impact. Mr. Weixelman stated that the Traffic Study indicates that the vehicle trips per day for the nine-lots will be much less than the 20 per day noted by staff. Much discussion ensued regarding the traffic counts and the existing impacts.

Commissioner Gibson expressed concern with the road conditions, the existence of over 1900 homes and the entire expense to pave the road being placed on the developer of 9-lots and asked if he was understanding staff correctly and Ms. Hayes replied in the affirmative. Discussion continued regarding the fairness of the burden being placed on the "last guy in". Mr. Helmick stated that in accordance with the Land Use Code, if you're at the bottom of a hole- quit digging.

Chair Rennels also expressed concern with 9-lots paying between 3 and 5 million-dollars to pave a road for the benefit of existing development, when traffic counts already exceed County Standards. Chair Rennels suggested tabling the item to evaluate other potential options.

Commissioner Bender agreed and suggested discussions between staff, the applicant and area residents regarding other options.

Mr. Weixelman stated that tabling the item is acceptable.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Crystal Lakes 16th Filing Appeal of Section 8.1.5 of the Land Use Code top June 28, 2004 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:05 p.m.

TUESDAY, APRIL 27, 2004

ADMINISTRATIVE MATTERS

(#50)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Stephen Gillette, Director of Natural Resources; Claudia DeLude and Al Kadera, Planning Department; Tom Garton, Chief Building Official; Ted Shepard and JR Wilson, City of Fort Collins staff; Jeannine Haag, Assistant County Attorney; Donna Hart and Deni La Rue, Commissioners' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 19, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of April 19, 2004 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 3, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA: Ms. O'Connor stated that, at the request of Planning Staff, the resolution on the consent agenda is written different than the outcome of the hearing before the Board, because the condition(s) has been met already.

MOTION

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

04272004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND J. CRAIG AND CHRISTAL TAGGART FOR ROAD IMPROVEMENTS ON COUNTY ROAD 21

04272004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY PATRICK P AND MARY B KNOLL, ARNOLD J AND RITA KNOLL

04272004D002 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY J. CRAIG AND CHRISTAL TAGGART

04272004R001 FINDINGS AND RESOLUTION APPROVING THE PETITION TO REMOVED A CONDITION OF APPROVAL FOR THE JAMES ELLER MINOR RESIDENTIAL DEVELOPMENT

MISCELLANEOUS: Juvenile Accountability Incentive Block Grant Plan- Fiscal Year 2003; North Weld County Water District Assignment; Core Services Chafee Foster Care Independence Program Plan.

LIQUOR LICENSES: The following licenses were both approved and issued: La Chaumiere- H & R- Lyons, CO and Red Feather Supermarket- 3.2% Change of Ownership- Red Feather Lakes, CO.

Motion carried 2 - 0.

5. CONTINUATION OF RENAMING COUNTY ROADS IN NORTHEAST FORT COLLINS: Mr. Garton informed the Board that the City has proposed names for some County Roads in northeastern Fort Collins, to include both sides of the road when the GMA boundary is the centerline. Mr. Shepard stated that LETA and area residents have been involved throughout the project. Commissioner Bender asked if residents agree with the name changes and Mr. Shepard stated that acceptance has been reluctant and noted that the Postal Service allows one-year for a resident to change their address.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the inclusion of both sides of an existing County Road when the GMA boundary is the centerline of an area to be included in all address renaming processes. Also include the one particular road that is outside the Fort Collins GMA, but is logical to include in the Fort Collins address renaming process.

Motion carried 2 - 0.

6. NAME CHANGE FOR NATURAL RESOURCES: Mr. Gillette informed the Board that Mr. Lancaster and Mr. Engemoen have approved a new name for this department. The name, Mr. Gillette continued, will be Solid Waste Department in an effort to clarify what the department really does. Commissioner Bender asked if any other name had been considered and Mr. Gillette replied in the affirmative but noted that the name chosen meets the EPA definition of what the department really does.

7. WORK SESSION: Mr. Gluckman distributed a draft agenda for the Boards' joint meeting with the Cities of Fort Collins and Loveland .

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

  1. LEGAL MATTERS:

EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:20 a.m. and cited 24-6-402-(4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:45 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:45 a.m.

ADMINISTRATIVE MATTERS

(Reconvene)

The Board of County Commissioners reconvened Administrative Matters at 11:15 a.m.; Chair Pro-Tem Gibson presided via telephone and Commissioner Bender was present. Also present was Donna Hart, Commissioners' Office and Jean O'Connor, Clerk to the Board.

Ms. O'Connor requested the Board approve an Amended Plat for Indian Ridge Estates Rural Land Plan, which was mistakenly omitted from this mornings consent agenda.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Amended Plat for Indian Ridge Estates Rural Land Plan.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 11:18 a.m.

____________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

____________________________________

Jean M. O'Connor, Clerk to the Board