PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JUNE 7, 1993
ADMINISTRATIVE MATTERS
The Board of County Commissioners met at 8:00 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioner Disney was present. Commissioner Duvall will be attending
the Cities in Schools Training Institute this week. Recording Clerk, S.
Graves.
1. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
M O T I O N
Commissioner Disney moved that the Board approve the Minutes for the
week of May 31, 1993, and the Agenda for the week of June 14, 1993, as
submitted.
Motion carried 2 - 0.
M O T I O N
Commissioner Disney moved that the Board approve the Eagle Lake Third
and Fourth Filings Plat.
Motion carried 2 - 0.
LIQUOR LICENSES: A license was issued to the End of the Trail Saloon -
6% WITH EXTENDED HOURS - Loveland, Co. County approval was granted to
the National Park Village North - 6% WITH CHANGE OF CORPORATE STRUCTURE
- Estes Park, CO; National Park Village North - 3.2% WITH CHANGE OF
CORPORATE STRUCTURE - Estes Park CO; Bob's Liquor - 6% - Fort Collins,
CO; Glen Haven Area Volunteer Fire Dept., Inc. with a Waive of Hearing
for a 3.2% SPECIAL EVENTS LICENSE AT 7484 County Road 43 Fire House in
Glen Haven on July 3, 1993 from 10 a.m. to 11 p.m.; and Loveland Country
Store - 3.2% with a Waive of Hearing for a CHANGE OF OWNERSHIP for
Whitaker Oil Inc., dba Loveland Country Store, 5518 E. Highway 34,
Loveland, CO.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
A93-109a ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT UPPER FRONT RANGE
TRANSPORTATION PLANNING REGION AMONG LARIMER, WELD, AND MORGAN
COUNTIES, CITIES OF FORT MORGAN AND BRUSH, TOWNS OF ESTES PARK,
HILLROSE, LOG LANE VILLAGE, WIGGINS, WELLINGTON, AULT, DACONA,
EATON, ERIE, FIRESTONE, FREDERICK, FORT LUPTON, GILCREST, GROVER,
HUDSON, JOHNSTOWN, KEENESBURG, KERSEY, LOCHBUIE, MEAD, MILLIKEN,
NEW RAYMER, NUNN, PIERCE, PLATTEVILLE, AND SEVERANCE
A93-110a AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 15 BETWEEN
THE BOARD OF COUNTY COMMISSIONERS AND DEAN R. AND LENA H. THARP
VARNEY (Right-of-Way - Varney (Project #194 - County Road 15)
A93-111 ACKNOWLEDGMENT AND AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND WESTERN LAND AND INVESTMENT CORPORATION
(Eagle Lake Third and Fourth Filings)
C93-28 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL
RESOURCES, INC. (Paving Contract - Project #194)
R93-76g RESOLUTION OF THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS
(Assistant District Attorney representing the County Clerk in
Defense of Civil Suit)
R93-77g RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER
COUNTY FOR OPTIONAL PREMISES LIQUOR LICENSES
R93-78s FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT OF ASHLEY
EXEMPTION
Motion carried 2 - 0.
The meeting recessed at 8:20 a.m.
SUBDIVISIONS
(#245 & 246)
The Board of County Commissioners reconvened at 9:00 a.m. with John
Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioner Disney was present. As noted previously, Commissioner
Duvall will be out of town this week. Also present were: Al Kadera,
Subdivision Administrator; Carol Evans, Planner; Jerry White, Zoning
Administrator; Russ Legg, Development Processing Administrator; Jerry
Blehm, Environmental Health; and Jeannine Haag, Assistant County
Attorney. Recording Clerk, S. Graves.
Mr. Barnett informed the Board that the Kotin Final Plat item on today's
agenda has been withdrawn.
1. NEWELL DEDICATION OF RIGHT-OF-WAY (#93-0S0276): NE 1/4 31-05-70;
WEST OF CARTER LAKE, NORTH OF POLE HILL ROAD (6-7-93).
This is a request to dedicate an existing privately-owned access road as
public right-of-way. Staff Findings include: 1) Green Mountain Road and
the lots along this road were created before the adoption of Senate Bill
35; 2) To ensure that access would be available, the original property
owner retained a 60-foot parcel that is the right-of-way for Green
Mountain Road. The owner of this parcel would like to get rid of the
property, but still ensure the access will not be interrupted; 3) Public
dedication of the right-of-way will ensure perpetual access to the lots
along the road; 4) By accepting the dedication, the County does not
accept any responsibility for construction or maintenance of Green
Mountain Road.
Helen Grissom, adjacent property owner, questioned the Board about other
options for this road; i.e. how will the County assist in problems with
liability, speed regulations, law enforcement, signage, road
maintenance, drainage, etc.? Mr. Kadera noted that Mr. Newell wishes to
remove this road from the tax roll and yet maintain the access for the
property owners on both sides of the road. Mr. Kadera offered the
option of dividing this parcel among the adjoining property owners and
each dedicate an easement for access. Mr. Kadera noted that nothing is
going to change with the acceptance of the dedication; the situation for
the adjacent property owners is actually improved from an access
perspective because they are not in jeopardy of losing their access.
Staff Recommendation is to accept the dedication of Green Mountain Road
on behalf of the public and require the applicant to pay the cost of
recording the resolution dedicating the right-of-way.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Newell Dedication of Right-Of-Way
(#93-0S0276), and recommended the adjacent property owners ask the
Larimer County Road & Bridge Department for advice regarding maintenance
for the public right-of-way portion of this road.
Motion carried 2 - 0.
Mr. Barnett advised the Board that the following are consent items and
will not be discussed in detail unless specifically requested by the
Commission or members of the audience.
2. SPRING CANYON HEIGHTS 4TH AMENDED PLAT (#93-SA0277): SW 1/4
31-07-69; WEST OF THE SOUTH END OF HORSETOOTH RESERVOIR, NORTH OF
COUNTY ROAD 38E, WEST OF INLET BAY; 1.24 ACRES; 2 LOTS;
R-RESIDENTIAL ZONING (6-7-93).
This is a request for an Amended Plat of Lots 24, 25, 26, and 31, Spring
Canyon Heights Fourth Subdivision to reconfigure lot lines to
consolidate four lots into two lots of .81 acres and .43 acres. Staff
Findings are: 1) Spring Canyon Heights 4th was recorded in 1969; 2) The
proposed Amended Plat would consolidate 4 lots into 2; 3) The County
Health and Engineering Departments have reviewed the proposed Amended
Plat and have stated no objections; 4) The utility companies serving
this property have reviewed this request and stated their concerns or no
objections; 5) No additional lots are created by this proposed Amended
Plat.
Staff Recommendation is for Approval of the proposed Amended Plat of
Lots 24, 25, 26, and 31 of Spring Canyon Heights 4th Filing with the
following condition: Easements as required by Poudre REA.
3. CARTER MINOR RESIDENTIAL DEVELOPMENT AMENDED EXEMPTION (#93-EX0278):
SE 1/4 23-08-70; WEST OF COUNTY ROAD 27E, 1/2 MILE NORTH OF RIST
CANYON ROAD; 39.4 ACRES; 2 LOTS; O-OPEN ZONING (6-7-93).
This is a request to reconfigure lot lines without creating any new lots
or changing existing lot sizes. Staff Findings include: 1) Carter Minor
Residential Development (#S-16-91) was recorded in 1991; 2) The proposed
Amended Plat would adjust the boundary lines between the two lots in
this development; 3) The County Health Department has reviewed the
request and stated no objection to the proposal; 4) The County
Engineering Department has reviewed the request and commented regarding
right-of-way requirements and access; 5) The utility companies serving
this property have reviewed this proposal and requested that utility
easements be provided; 6) No additional lots are created by this
proposed amended plat.
Staff Recommendation is for Approval of the proposed Amended Plat of the
Carter Minor Residential Development, with the following conditions: 1)
The Final Plat must show the additional right-of-way for County Road 27E
to be dedicated, rather than reserved; 2) Accesses to County Road 27E
for these lots must meet the sight distance requirements; 3) If these
lots will use the 34' road shown on the plat to the south of these lots,
the applicant must submit proof of the legal right to use this road. If
these lots do not have the right to use this road, that should be noted
on the plat; 4) The Final Plat must show utility easements as requested
by Public Service Company, US West, and West Fort Collins Water
District. The applicant should contact these utility providers to
address their specific requests for easements to be shown on the Final
Plat.
4. HIGHLAND ACRES SUBDIVISION AMENDED PLAT (#93-SA0267): SW 1/4
01-08-69; HIGHLAND ACRES SUBDIVISION; 2.75 ACRES; 2 LOTS;
O-OPEN ZONING (6-7-93).
This is a request to relocate the existing lot line between two lots,
without creating any new lots. Staff Findings are: 1) Highland Acres
Subdivision First Filing was platted in 1965; 2) The proposed Amended
Plat would adjust the lot line between Lots 4A and 4B of Block 1,
Highland Acres Subdivision First Filing; 3) The County Health and
Engineering Departments have reviewed the proposed Amended Plat and have
stated no problems; 4) The utility companies serving this property have
reviewed this request and stated no objections; 5) No additional lots
are created by this proposed Amended Plat.
Staff Recommendation is for Approval of the proposed Amended Plat of
Lots 4A and 4B, Block 1, Highland Acres Subdivision First Filing.
5. BAIRD-ROSEN MINOR RESIDENTIAL DEVELOPMENT (#93-EX0263): NW 1/4
07-04-72; PROPERTY IS BISECTED BY THE LITTLE VALLEY ROAD, 1/2 MILE
SOUTH OF FISH CREEK ROAD; 40.79 ACRES; 2 LOTS; E-ESTATE ZONING
(6-7-93)
This is a request for a Minor Residential Development to create two lots
of 9.54 and 31.25 acres from a 40-acre parcel that is split by Little
Valley Road (Legal Lot Appeal #92-EX0192). Staff Findings include: 1)
The property in question is unique in that it is divided by a heavily
traveled, public right-of-way that may be improved through a Special
Improvement District; 2) The County Commissioners denied an appeal to
declare these parcels legal lots by virtue of the existence of the
Little Valley Road, but the Board indicated that it would be acceptable
to proceed through the Minor Residential Development Process to
determine if it is appropriate to create these lots; 3) There are some
areas on this site that contain geologic and wildfire hazards. These
hazard areas can be avoided by placing building envelopes on the plat,
which preclude any construction in the hazard areas; 4) Conditional
approval of the proposed Baird/Rosen Minor Residential Developemnt will
not result in any significant negative impacts on surrounding
properties, utility services, transportation facilities, or the natural
environment.
Staff Recommendation is for Approval of the Baird/Rosen Minor
Residential Development with the following conditions: 1) Building
envelopes shall be placed on the Final Plat, which clearly avoid the
geologic and wildfire hazards identified on this site; 2) The following
notes shall appear on the Final Plat: A) The Division of Wildlife will
not be responsible for damage to ornamental plantings that may be caused
by wildlife. Fences which restrict the movement of wildlife or endanger
wild animals shall not be placed on the site. Future lot owners should
be aware of the potential danger that wild animals may cause for pets or
other domestic animals; B) The use of wells on the site shall be limited
to household use. Outside use for lawn or garden irrigation is
prohibited. The rate of pumping is limited to 15 gallons per minute; C)
These lots shall be required to participate in any Improvement District
that may be formed to improve roads that serve this site. These lots
are obligated to participate if the District is organized on a per lot
basis rather than acreage, assessed value or front footage; D)
Engineered foundations are required for any construction on this site;
E) The results of a radon test shall be submitted to the Planning
Division before a Certificate of Occupancy is issued for any dwelling on
this site. The test shall be conducted after the structure is enclosed,
but before occupancy occurs; F) Larimer County Park Fees shall be
collected when building permits are issued for single family dwellings
on this site; 3) Prior to recording the Final Plat, the applicant shall
verify with the County Flood Plain Administrator that the proposed
driveway culvert across the stream will be adequate for anticipated
flows in the event of a storm.
6. FORT COLLINS TRUSS SPECIAL REVIEW (#92-ZR0196): NE 1/4 09-07-68;
WEST OF I-25, 1/2 MILE NORTH OF COLORADO HIGHWAY 14, NORTH OF
COLORADO & SOUTHERN RAILROAD; 5.05 ACRES; 1 LOT; O-OPEN ZONING;
(6-7-93).
This is a request to allow manufacturing of wood trusses for wholesale
business. Staff Findings are: 1) The proposal complies with the intent
and purposes of the Comprehensive Land Use Plan, County Zoning
Resolution, and Intergovernmental Agreement with Fort Collins; 2) The
proposal is harmonious with the surrounding neighborhood, and will have
no effect on other properties or on property values in the area; 3) The
proposal will not impair the public health, welfare, prosperity, or
safety by creating undesirable traffic congestion, undesirable sanitary
conditions, overburdening of utilities or adverse environmental
influences in the area; 4) No objections to the proposed use have been
noted by reviewing agencies.
Staff Recommendation is for approval with the following conditions: All
outdoor storage of equipment and materials shall occur within the
screened storage area west of the proposed building. The property owner
is responsible for maintaining the fence such that it is effective in
screening the storage area; 2) The proposed building shall have no
reflective exterior surfaces; color of the building shall be earthtone;
3) Signage shall comply with the County Sign Code; 4) Lighting shall be
installed such that it does not reflect onto adjacent properties, and
the light source shall be shielded so it is not visible from the
Interstate Highway; 5) Landscaping shall be installed in accordance with
the plan as approved by the County Natural Resources Department and
County Planning. Plants which do not survive one growing season must be
replaced by the next planting season; 6) Compliance with the
requirements of the Poudre Fire Authority prior to issuance of a
building permit; 7) Present and future property owners agree to
participate in a drainage improvement district, if one is formed which
includes this site. A drainage and grading plan must be provided at the
time of building permit application; 8) Prior to submittal of a building
permit application, applicant shall provide evidence that an access
permit has been approved by the Colorado Department of Transportation;
9) Landscaping and access improvements shall be installed prior to
application for a building permit, or shall be covered by a developer's
improvements agreement, with adequate collateral; 10) No retail sales
shall occur on the site; 11) Unless otherwise modified by the above
conditions, all development and use of the site shall be consistent with
Zoning File Exhibit A (Application for Zoning Action dated February 15,
1993, and development plan dated December 28, 1992.
7. ALLEN MINOR RESIDENTIAL DEVELOPMENT (#93-EX0261): SW 1/4 18-05-69;
1/2 MILE SOUTH OF U.S. HIGHWAY 34 ON THE EAST SIDE OF COUNTY ROAD
23H AND WEST SIDE OF COUNTY ROAD 23E; 61.17 ACRES; 2 LOTS;
FA-1 FARMING ZONING (6-7-93).
This is a request to divide a 61.17 acre parcel with an existing
residence into two lots of 55.5 acres and 5.67 acres for a single family
dwelling (previously reviewed in Allen Subdivision (#S-34-88) and Allen
Minor Residential Development (#S-50-91). Staff Findings include: 1)
The proposed land division is consistent with the requirements for Minor
Residential Development contained in the Larimer County Subdivision
Resolution concerning the number of lots created, access, zoning and
availability of utilities; 2) Approval of the requested Minor
Residential Development, with certain conditions, will not adversely
impact adjacent property, the natural environment, or provision of
services and transportation.
Staff Recommendation is for approval of the Allen Minor Residential
Development with the following conditions: 1) Tract A, the reserve
strip, shall be obtained and added to this property prior to recording;
2) Prior to recording, the applicant shall submit a signed written road
maintenance agreement with the Broken Triangle Estates Home Owners and
an agreement with the Ditch company regarding use and restriction of the
irrigation ditch; 3) The secondary access requested by the Fire
Department shall be constructed and approved prior to recording or
approved plans submitted along with adequate collateral. A revised
letter submitted by the Fire Authority may be provided; 4) A school bus
waiting area shall be provided, or a revised letter from the Thompson
R2J School District shall be submitted by the applicant; 5) Utility
easements shall be placed 10 feet on each side of all lot lines; 6) The
Larimer County Drainage Administrator shall approve the Final Plat and
drainage plan prior to recording; 7) The Final Plat shall contain the
following notes: A) Engineered footings and foundations will be
required at building permit application; B) All utilities shall be
underground; C) Larimer County Park Fees shall be collected at the time
of building permit for new residential structures; D) Identification on
the plat of the utilities that serve the property; E) A note stating
that engineered septic systems may be required; F) Uses on the lots
shall be restricted to single family dwellings and permitted accessory
uses; 8) All requirements shall be completed no later than December 6,
1993.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendations with Amended Conditions and approve the Spring
Canyon Heights 4th Amended Plat (#93-SA0277); Carter Minor Residential
Development Amended Exemption (#93-EX0278); Highland Acres Subdivision
Amended Plat (#93-SA0267); Baird-Rosen Minor Residential Development
(#93-EX0263); Fort Collins Truss Special Review (#92-ZR0196); and the
Allen Minor Residential Development (#93-EX0261); each, with the
conditions as outlined above.
Motion carried 2 - 0.
8. LAWSON APPEAL (#93-=S0280): LOCATION 23-08-71; NORTH SIDE OF COUNTY
ROAD 52E, ABOUT EIGHT MILES WEST OF BELLVUE; O-OPEN ZONING (6-7-93)
This is a request to appeal the amended Minor Residential Development
regulations to allow the division of a parcel that was created after May
5, 1972, and is located west of Range 69 West. Staff Findings include:
1) On February 1, 1993, the Board of County Commissioners amended the
Minor Residential Development Regulations to prohibit applications for
Minor Residential Developments in the area of Larimer County west of
Range 69. The property in question is located in Range 71; 2) The
difficulties experienced by the property owner appear to be self-imposed
by the construction of additional dwelling units without appropriate
building permits; 3) There does not appear to be anything unique or
different about this property that would distinguish it from other 40
acre parcels in the immediate area; 4) Until the County appointed
committee has an opportunity to review the Minor Residential Development
process, it would be inappropriate to proceed with this Minor
Residential Development application. Staff Recommendation is for Denial
of the Lawson Minor Residential Development Appeal.
Mr. Lawson, the applicant, provided a brief history of the property and
stated this request for appeal is to remedy and legalize the situation
as it now exists by allowing him to make application thru the MRD
process as it existed before February 1, 1993 (a process he started in
good faith in August 1992). Mr. Lawson noted that the property in
question is already regarded as two parcels by the Assessor's Office as
two tax notices are always received and separate services are provided
to both these lots and facilities.
M O T I O N
Commissioner Disney moved that the Board approve the right of Mr. Lawson
to proceed with his application for a Minor Residential Development.
Motion carried 2 - 0.
9. JENKS MINOR RESIDENTIAL DEVELOPMENT (#92-EX0187): NW 1/4 26-06-70;
EAST SIDE OF COUNTY ROAD 27 TWO MILES SOUTH OF MASONVILLE;
35.09 ACRES; 3 LOTS; O-OPEN ZONING (6-7-93).
This is a request to divide a 35 acre parcel into three lots of 10, 10,
and 12.5 acres for single family dwellings, and a fruit sales business.
Ms. Evans reviewed the project and area description and technical and
regulatory issues. Ms. Evans submitted a letter received last Friday
from the applicant's attorney requesting that the fruit business be
allowed to continue even though the requirements for MRD include a
restriction that uses are limited to single family residential; but
noted that the applicant will discontinue the business if that is the
single issue for not granting this request. Ms. Evans stated that the
Staff is recommending denial of this application because of the
potential negative impacts on both quarry operations from additional
residences and on residences because of the quarries. Staff Findings
include: 1) The proposed Jenks Minor Residential Development is not
consistent with the requirements for Minor Residential Developments as
contained in the Larimer County Subdivision Resolution concerning the
permitted uses on these lots. It is consistent with requirements
concerning the number of lots created, lot size and access; 2) There are
existing stone quarries in this area and a fruit sales business on this
property; 3) The proposed Jenks Minor Residential Development does not
appear to be compatible with existing land uses in the area, or
consistent with the Comprehensive Plan in regard to "protecting" the
existing uses from encroachment of incompatible uses; 4) The County
Health and Engineering Departments, Loveland Fire District, Arkins Water
Association, and other interested agencies and County Departments have
reviewed the request and stated no objections as long as certain
conditions are met; 5) Approval of the proposed Jenks Minor Residential
Development would create additional residential lots in an area where
existing stone quarries are operating, resulting in negative impacts on
both the quarry operations and on the residential lots.
Peter Schoon, attorney representing the client, submitted several
exhibits including a map of the area showing the number of MRD's in the
area. Mr. Schoon noted this is not a re-zoning issue; the applicant is
meeting all the regulations and is entitled to have the application
granted. Mr. Schoon referred to a letter from Poudre Valley REA stating
they are ready, willing, and able to serve all electrical loads within
this service territory. Mr. Nick Jenks, applicant, addressed the Board
and referring to the map noted there are 15 subdivisions within the
district and approximately 238 lots; growth has been consistent thru the
80's and noted that creation of this MRD will not create a traffic
problem. Mr. Jenks restated that this proposal meets the MRD guidelines
and requested approval from the Board. Mr. Lowell Keup, adjacent
property owner, expressed his objections to this proposal but supports
the continuation of the fruit business.
M O T I O N
Commissioner Disney moved that the Board approve the Jenks Minor
Residential Development, with the discontinuance of the fruit business,
and directed Staff to submit new findings and conditions within ten (10)
days, and a note be placed on the final plat advising all future owners
of these properties that quarry operations do exist in the area.
Motion carried 2 - 0.
10. LONG'S PEAK INN SPECIAL REVIEW (#92-ZR0198): E 1/2 27-04-73;
WEST SIDE OF STATE HIGHWAY 7, ONE MILE NORTH OF THE BOULDER
COUNTY LINE; 80.9 ACRES; 2 LOTS (6-8-93).
This is a request for a camp and conference center. Mr. White provided
the project description and stated that the Salvation Army Intermountain
Division acquired the High Peak property in 1987 and received County
approval of a Special Review to be developed as a youth camp and
conference center. In 1991, the Long's Peak Inn was acquired and the
Salvation Army is now requesting approval of a Master Plan for long-term
development and use of both properties. Mr. White stated that the
Salvation Army and its planning consultant have done an excellent job of
planning for future development and use of the properties and the latest
plan submitted has resolved most of the concerns and issues; the one
remaining issue of concern is the proposed development of a new road
across the northern portion of the property. Several letters of
opposition were received before the plan was revised and most of their
concerns have been resolved. Staff Findings are: 1) The proposal
complies with the intent and purposes of the Comprehensive Zoning
Resolution and the Comprehensive Land Use Plan; 2) The proposal is
harmonious with the surrounding neighborhood, and will have minimal or
no impact on the surrounding neighborhood or on property values in the
area; 3) The proposal will not impair the public health, welfare,
prosperity, or safety; 4) Recommendations from reviewing agencies are
generally favorable to the proposed request; 5) Approval of the Long's
Peak Special Review will not alter or modify the Conservation Easement
in any way.
The Planning Commission/Staff Recommendation is for approval of the
request for Special Review, with the following conditions: 1) The Long's
Peak Camp entrance shall be improved in accordance with the
recommendations of the Colorado Department of Transportation, as
outlined in their letter of March 30, 1993; roads shall be designed and
built according to County standards; 2) Reservation of an additional 35'
of right-of-way where the subject property abuts Highway 7; 3) Grading
and drainage plans shall be provided prior to any on-site construction.
The plan must provide for detention of surface runoff to preclude an
increase in the historical rate of runoff onto the Highway right-of-way;
4) Applicant shall provide a landscaping plan for review and approval by
the County Forester; the plan shall provide that no trees be planted
within the Highway right-of-way, and no landscaping installed which will
affect visibility of motorists; 6) This approval is limited to the use
of the properties for non-profit functions; 7) Outdoor lighting shall be
installed such that the light is shielded and directed downward, and the
light source is not visible from off-site; 8) Outdoor evening activities
at the Camp and Conference Center will be limited to functions which are
relatively inactive and consider the nightfall desire for calm in the
areas surrounding the property. Activities involving athletic or
competitive events or outdoor musical presentations will not take place
after nightfall; 9) New electric and telephone facilities shall be
installed underground where possible; 10) Fences, where needed, shall be
designed to protect wildlife and will be installed after consultation
and concurrence of the District Wildlife Manager of the Colorado
Division of Wildlife; 11) Compliance with requirements of the Army Corps
of Engineers for any disturbance within the wetland areas; 12) Garbage
containers shall be bear-proof. Fence design and placement should be
coordinated with the Colorado Division of Wildlife to minimize impact on
wildlife; 13) Salvation Army shall implement the recommendations of the
Colorado State Forest Service for wildfire hazard mitigation, as
outlined in their letter of March 8, 1993; 14) Public access to the
Storm Pass Trail shall not be restricted; 15) Unless otherwise modified
by the above conditions, all development and use of the subject
properties shall be consistent with Zoning File Exhibit A (Special Use
Review Submittal dated February 16, 1993, and Schematic Plan Map dated
May 4, 1993; 16) Shake shingles will not be allowed.
Mr. Blehm noted that a very good water and sewer system is proposed for
the camp. Kevin Schanks, representative for the Salvation Army, voiced
agreement with all the Planning Commission recommendations. Glen
Porsak, adjacent property owner, submitted for the record a copy of the
conservation easement for this site and the resolution passed by the
Board in 1991 protecting this easement. Mr. Porsak requested the Board
to add a condition, if this item is approved, that the easement will not
be altered in any way, in order to preserve the spectacular view of the
meadow and Long's Peak. Ms. Haag stated that recognition of the
conservation easement can be included in the Findings and noted that
approval of this development plan will not alter or modify the easement.
Bob Irvin, President of the Tahosa Valley Landowner's Association,
indicated approval of the modifications made to this plan and voiced
approval of this request; however, he does disagree with the condition
regarding fencing. Russ Dunbar expressed approval of this development
plan. It was emphasized that Columbine Road is still intended to be the
primary road. Commissioner Disney recommended that the conditions be
amended to state that shake shingles not be allowed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
the Planning Commission/Staff Recommendation and Amended Conditions and
approve the Long's Peak Inn Special Review, with the addition to the
Findings that the Conservation Easement will not be altered or modified
in any manner at anytime in the future.
Motion carried 2 - 0.
11. FOX HILLS PLANNED UNIT DEVELOPMENT AND REZONING (#93-MS0272):
SW 1/4 33-07-69; SOUTH SIDE OF COUNTY ROAD 38E, 1/2 MILE WEST OF
HORSETOOTH (COUNTY ROAD 38), NORTH OF WESTRIDGE ESTATES; 19.9
ACRES; 31 LOTS; FA-1 FARMING/UGA ZONING EXISTING (6-7-93)
This is a request for a Master Plan, Preliminary Plat, and Rezoning to
divide 19.9 acres into 31 lots of .25 acres to .39 acres with 6.4 acres
of open space (32%) for single family dwellings; and to rezone from FA-1
Farming/Urban Growth Area to R-Residential/Urban Growth Area. Mr. Legg
reviewed the project and area description and noted that the UGA Review
Board and Larimer County Planning Commission both recommended unanimous
approval of this request. Staff Findings are: 1) The proposed Planned
Unit Development with its significant concentration of Private Open
Space is consistent with the Amended Foothills Plan designation, the
Planned Unit Development Resolution, and with the proposed R-Residential
Zoning of the site; 2) The proposed Planned Unit Development is a
transitional land use from the low density development to the west which
as a Minor Residential Development does not have to meet full
subdivision requirements or Urban Growth Area density guidelines, the
development to the south which is outside the Urban Growth Area, and the
higher density development to the north, such as the Springfield
Subdivision; 3) Approval of the proposed Fox Hills Planned Unit
Development, with the following conditions, will not result in any
significant negative impacts on surrounding property, utility services,
transportation facilities, or the natural environment.
Staff Recommendations are for Approval of the Master Plan for Fox Hill
Planned Unit Development, with the following conditions: 1) The Master
Plan will expire June 7, 1998, unless the Final Plat has been recorded
for the development; 2) All future submittal shall be in conformance
with the approved Master Plan as conditioned by this approval; Approval
of the Waiver to the 1/6 contiguity requirement and the off-site road
requirements of the Urban Growth Area; and Approval of the Preliminary
Plat for Fox Hills Planned Unit Development with the following
conditions: 1) The Final Plat shall be completed in strict conformance
with the conditionally approved Preliminary Plat, including all notes;
2) All concerns of the reviewing agencies, and specifically the County
Engineer, the County Drainage Administrator, the Poudre Valley Fire
Authority, and the utility districts shall be addressed by approved
construction plans, approved cost estimates and appropriate collateral
prior to scheduling the Final Plat approval with the Board of County
Commissioners; 3) Final Plat documents shall include an over lot grading
plan and a reseeding plan, calculations for sizing of the detention
ponds and a final landscape plan. Collateral shall include installation
of the landscaping material, irrigation systems, and erosion
control/dust control plans; 4) Internal subdivision roads and Red Fox
Drive shall be constructed to full Larimer County Urban Standards, with
underground utilities and street lights; 5) Covenants shall require
earth-tone colors in buildings and roofs, address maintenance
responsibilities of the common elements, and restrict fences; 6) School
Fees of $8 per lot shall be collected with the Final Plat and a $25
Recording Application Fee shall be paid; 7) An annexation agreement
shall be signed and recorded as required by the Intergovernmental
Agreement with Fort Collins; 8) The applicant shall meet with the City
of Fort Collins Staff in order to study the feasibility of providing a
public trail system through this site or the site to the east for the
purposes of connecting by trail County Road 38E with the proposed City
Natural Areas acquisition on the south and east. Documentation
regarding this effort shall be submitted with the Final Plat; 9)
Additional pedestrian pathways shall be added to the Final Plat in order
to access open space Tract B. All pedestrian pathways shall be paved,
construction plans provided and approved by County Engineering and costs
included in the Subdivision Improvements Agreement. Open space tracts
shall be labeled as non-building areas on the Final Plat; 10) A
full-service secondary access shall be constructed, right-of-way
obtained, plans approved by the City of Fort Collins and Larimer County,
and the costs included in the Subdivision Improvements Agreement for the
1st phase of this development. The Final Plat shall not be scheduled
until these plans are approved. The residential sprinkler system
requirement of the Fire Department may be eliminated upon approval of
the secondary access plans; 11) The following notes shall appear on the
Final Plat: A) Engineered foundation plans shall be required for all
construction on this site; B) The Larimer County Park and Drainage Fees
(as calculated by the applicant's engineer) shall be collected at the
building permit stage; C) Side yard set-backs shall be denoted on lots
adjacent to Red Fox Drive; D) The results of a radon test shall be
submitted to the Planning Department before a Certificate of Occupancy
is issued for any individual residential structure on the site; E) All
driveway accesses shall be limited to internal subdivision roads, not
Red Fox Drive; 12) The Final Plat shall indicate that the open space is
a blanket utility easement. Fifteen (15) foot utility easements shall
be placed adjacent to all lot lines and roads; 13) The applicant shall
be required to notify the Assessor when the Final Plat is recorded.
This notification is required by State Statute and is intended to ensure
that the open space tract value is pro-rated among the lots to avoid a
separate tax bill for open space. This notification shall be in writing
and include a copy of the Final Plat as recorded. The applicant will
need to submit quit-claim deeds for the open space tracts deeding them
to the established Home Owners Association. Such deeds will be recorded
with the Final Plat; 14) The applicant shall pay the $700 per lot road
fee prior to recording; 15) The off-site waiver shall be approved by the
City of Fort Collins prior to recording.
Don Hahn, representing Springfield Development, indicated agreement with
the Staff recommendations and amended conditions.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff/Planning Commission Recommendations with Amended Conditions and
approve the Fox Hills Planned Unit Development and Rezoning and approve
the Waiver to the 1/6 contiguity requirement of the UGA.
Motion carried 2 - 0.
12. TOM ADAMS ALLEGED BUILDING VIOLATION: 1820 HAASE COURT, BERTHOUD,
COLORADO
This alleged violation is for occupying a double-wide manufactured home
without approved inspections. Mr. Anderson provided the background
information and reviewed the major issues and concerns. Mr. Adams was
not present for today's hearing. Staff Findings are that the double
wide mobile home is occupied by Tom Adams without approved inspections.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, and authorize legal action if the compliance
deadline is not met.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and find that a violation exists at 1820 Haase
Court, Berthoud, CO., require compliance within 30 days, and authorize
legal action if the compliance deadline is not met.
Motion carried 2 - 0.
13. ITEM NOT ON THE AGENDA:
Mr. Barnett recommended that the Board appoint Mr. Wilbur Coyle to the
Subdivision and Exemption Review Group Task Force.
M O T I O N
Commissioner Disney moved that the Board appoint Mr. Wilbur Coyle to the
Subdivision and Exemption Review Group Task Force, as recommended by Mr.
Barnett.
Motion carried 2 - 0.
The meeting adjourned at 11:05 a.m.
_____________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
_____________________________________
Sherry E. Graves, Deputy County Clerk
