PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 23, 1995

SUBDIVISIONS

(#189)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Richael Michels, Planner; John Pedas, Code Enforcement Officer; Harry Lynam, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney 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. WINDCLIFF ESTATES 5TH FILING AMENDED PLAT (#94-SA0616):

10-04-73; WEST OF ESTES PARK; 1.2 ACRES; 6 LOTS; E1-ESTATE

ZONING (01-23-95).

This is a request to create five single family building envelopes on a lot approved for six single family units. Staff Findings include: 1) Windcliff Estates Fifth Filing was approved in 1975. Lot 10, Block 7 was approved for six dwelling units; 2) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections; 3) The area outside the building envelopes should be identified on the plat as a utility easement, as requested by the Upper Thompson Sanitation District.

The Staff Recommendation is for approval of the Amended Plat of Lot 10, Block 7, Windcliff Estates Fifth Filing, with the following conditions: 1) The area outside the building envelopes shall be designated on the Final Plat as a Utility Easement; 2) The applicant shall demonstrate that the recommendations of the State Forester concerning wild fire hazard mitigation have been completed.



2. FORT COLLINS BUSINESS CENTER 2ND AMENDED PLAT (#94-SA0631):

N 1/2, 07-07-68; WEST SIDE OF LINK LANE, NORTH OF LINCOLN

AVENUE; 1.38 ACRES; 2 LOTS; I-INDUSTRIAL ZONING (01-23-95).

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Fort Collins Business Center 2nd Filing was approved in 1979; 2) The owner of Lots 7 and 8 wants to construct a building which will encroach on the lot line between these lots; 3) Removing the intervening lot line by combining the lots will allow the construction without requiring any special architectural features to accommodate the existing lot line; 4) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the proposed Amended Plat of Lots 7 and 8, Fort Collins Business Center 2nd Filing.

3. PINEWOOD SPRINGS 6TH FILING AMENDED PLAT (#94-SA0630):

NE 1/4, 28-04-71; PINEWOOD SPRINGS, NORTH OF LYONS;

3.66 ACRES; 3 LOTS; O-OPEN ZONING (01-23-95).

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) Pinewood Springs 6th Filing was approved in 1962; 2) The proposed Amended Plat is intended to combine two existing lots resulting in one building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the proposed Amended Plat of Lots 156 and 157, Pinewood Springs 6th Filing.

4. STROH PIT SPECIAL REVIEW (#94-ZR0544): SW 1/4 OF 16-5-68;

3/4 MILE SOUTH OF U.S. HIGHWAY 34, 1/2 MILE WEST OF THE

INTERSECTION OF COUNTY ROADS 9E AND 20; 68.08 ACRES;

I-INDUSTRIAL ZONING (01-23-95).

This is a request to expand a previously approved mining operation. Staff Findings are: 1) This proposed gravel mining operation appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) This proposed gravel mining operation will not increase vehicle trips on public roads and will not impair the environment; 3) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 4) The approval of this Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Staff/Planning Commission Recommendation is for approval of the Stroh Pit Special Review, with the following conditions: 1) The substitute water supply plan must be approved by the Division of Water Resources prior to the beginning of operations; 2) Mining operations must occur as proposed in the application materials and must be complete within nine years of commencing operations or prior to December 31, 2007; whichever comes first. Reclamation must be completed within two years of ceasing mining operations on this site; 3) The proper permits from the Department of Army must be obtained prior to beginning operations; 4) Submit a letter to staff stating that the Division of Wildlife's concerns have been met prior to the beginning of operations at this site; 5) Obtain confirmation from the County's Drainage Administrator that all issues related to drainage, erosion, floodplains, etc., have been adequately addressed before beginning operations on this site.

5. OSBORN GRAVEL PIT SPECIAL REVIEW (#94-ZR0543): SE 1/4 OF

19-5-68; 1/2 MILE NORTH OF STATE HIGHWAY 402 AND 1/4 MILE EAST

OF COUNTY ROAD 11H; 23.8 ACRES; FA-FARMING ZONING (01-23-95)

This is a request to mine an additional 14.3 acres in conjunction with a previously approved mining operation. Staff Findings include: 1) This proposed gravel mining operation appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) This proposed gravel mining operation will not increase vehicle trips on public roads and will not impair the environment; 3) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 4) The approval of this Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Staff/Planning Commission Recommendation is for approval of the Osborn Pit Special Review, with the following conditions: 1) The substitute water supply plan must be approved by the Division of Water Resources prior to the beginning of operations; 2) A revised landscaping plan, as described in the staff report, must be submitted for staff approval prior to beginning operations; 3) Operations and reclamation must occur as proposed in the application materials and must be completed within six years of commencing operations or prior to December 31, 2002, whichever comes first; 4) The applicant will arrange a meeting between the Larimer County Parks Department and the property owner to negotiate a trail easement on the property; 5) Noxious weeds must be controlled on the property at all times. A weed control plan should be submitted prior to beginning operations; 6) Applicant will submit a letter to staff stating that the Division of Wildlife's concerns have been met prior to beginning of operations at this site.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Windcliff Estates 5th Filing Amended Plat (#94-SA0616); Fort Collins Business Center 2nd Amended Plat (#94-SA0631); Pinewood Springs 6th Filing Amended Plat (#94-SA0630); Stroh Pit Special Review (#94-ZR0544); and the Osborn Gravel Pit Special Review (#94-ZR0543); each, with the conditions as outlined.

Motion carried 3 - 0.

6. STEFFEN ZONING/BUILDING VIOLATION (#94-ZV0559): 3013

FAIRVIEW DRIVE, LOT 1, BLOCK 1, POUDRE ACRES SUBDIVISION;

RE-RURAL ESTATE ZONING (01-23-95).

This alleged violation is for operating a trucking business (storage and maintenance of 3-4 dump trucks) in the RE-Rural Estate Zoning District. Mr. Pedas submitted photos of the subject property, reviewed the major issues and concerns, and noted that the building permit violation issue has been resolved; Mr. Pedas also informed the Board that Mr. Steffen just handed him an application to the Board of Adjustment for a variance request to allow the continued use of the property for storage of the trucks. Mr. Pedas asked Ms. Haag if the submittal of this application for a special exception request affects whether or not the Board should proceed with today's hearing and take action on this matter; Ms. Haag responded affirmatively, but noted that the filing of this request for special exception appears to be an admission by the applicant that there is a zoning violation. Staff Findings are: 1) The subject property is zoned RE-Rural Estate; 2) The RE-Rural Estate Zone does not permit truck storage/repair not accessory to a permitted use; 3) The truck noise and odor creates a significant disruption in a residential subdivision; 4) The fuel fumes may impair the health of residents in the neighborhood; 5) Large trucks on narrow residential streets contributes to traffic congestion; 6) Building permits are required for all structures exceeding 120 sq. ft. (As noted above, this matter has been resolved); 7) Continued use of the property inconsistent with the Zoning and Building Code Resolution for Larimer County may affect property values in the area. The Staff Recommendation is to find that the violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Larry Steffen, property owner, stated that they do not feel they are in violation and only submitted an application to the Board of Adjustment for a variance because they were advised by staff that this was a procedure to follow. Mr. Steffen informed the Board that the County Department of Health came out and checked the trucks in December of 1994 and all the trucks were in compliance with state regulations; he noted for the record that they are less than 500 feet from Taft Hill Road, which is a truck route, and less than 1000 feet from the 287 bypass, which has trucks on it constantly; and, there is a lumber mill less than 1800 feet from their property which has equipment running and wood burning. Rick Steffen read the request for the variance to the Board and stated that they are not operating a business at this site, it is used only for over-night storage of their three trucks; he submitted petitions to the Board listing 25 of the 32 adjacent neighbors indicating no disapproval of the use at this site.

The following adjacent property owners addressed the Board: Carol Morrison, Nettie Hill, Dorothy Zoller, Jess Guerro, Martin Crussant, Mrs. Whalley, Mike Morrison, Eldon Ross, Orin Arrelas, and Mildred Foster. These persons cited their concerns regarding safety for the children waiting for the school bus, strong fumes from the trucks making it impossible to be outside during the morning hours in the summer and that furnaces have to be turned off in the winter when the trucks are started because the fumes are drawn into the houses causing severe headaches and emphysema in some cases, the possibility of having to move out of the area if this usage is continued and the majority of the residents are senior citizens and on fixed incomes, misrepresentation to the persons signing the petition (submitted letter from Eric Nelson requesting his signature be disregarded on the petition as he does not support the continuance of truck storage at this site and several of these aforementioned neighbors requesting their names be taken off the petition). A receipt for gravel hauling from this address was submitted as proof a business is being conducted from this site, and if this use is allowed, it will set a precedent for others to move into the area and do the same.

Rick Steffen stated that Mr. Morrison drives a big 18-wheel truck in his job and brings it home periodically and asked how this was different from their usage; in response to this statement, Mike Morrison stated he works out of Denver and stops in at home every two or three months to clean up before going on with his route. Larry Steffen responded to the petition issue, noting that he was told by staff to circulate a petition among all the neighbors within 500 feet of his property and he didn't lie or misrepresent the meaning of the petition to anyone. Again, he reiterated that most of the homes in the area are closer to the 287 by-pass and Taft Hill than they are to him. Rick Steffen stated that there are also many other trucks operating in the area, such as dairy trucks, etc. Larry, Edna and Rick Steffen stated that they are concerned about the neighbors but they are just doing what they need to do to try and make a living.

Commissioner Duvall stated that she drove by the site, which is neat and tidy, and noted that Steffens property is very professional looking; the problem is that it is in a residential neighborhood and according to the zoning regulations, the RE-Rural Estate Zone does not permit truck storage and repair--it is very clear that they are in violation of the zone.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and find that in the matter of the Steffen Zoning Violation that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

7. MCGILL MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-EX0628):

12-05-70, NORTHEAST CORNER OF HIGHWAY 34 AND COUNTY ROAD

27; 11.1 ACRES; 3 LOTS; FA-1 FARMING ZONING (01-23-95).

This is a request to seek authorization to submit a Minor Residential Development application on a site in Range 70 which will create three lots with one lot not meeting minimum lot size. Mr. Kadera described the location of the property and reviewed the major concerns and issues; however, he noted that even though staff is recommending denial of the appeal, there are some extenuating circumstances for the Board to consider in this case. Staff Findings include: 1) The Minor Residential Development regulations require that all applications for an MRD be located in Ranges 68 and 69 and create no more than two lots and meet all the minimum standards such as the lot size required by zoning. This proposal does not meet any of the above mentioned criteria; 2) The Thompson School District has a leach field on a portion of the site. The school wants to purchase the leach field site, but the creation of this parcel will split the subject property into three lots. The result will be two building sites and a third lot devoted only to the leach field for the school; 3) The Planning Staff has consistently recommended denial of all MRD appeals, leaving the policy decision to the Board's discretion; 4) The southerly lot will require a lot size variance from the Board of Adjustment before the MRD process may proceed.

Don Frederick, representing the school district in this application, addressed the Board and stated that with regard to the property being in Range 70, it is only 3/4 mile away from the west line of Range 69; he noted that two building sites are being created, but one already exists. In response to a question from Commissioner Clarke why the smaller tract was not designed larger, Mr. Frederick responded that the size of the lot was dictated by the adjoining leach field and the topography of the land; he further noted that because of the conditions imposed, there is not too much of a choice for use of this property.

M O T I O N

Commissioner Duvall moved that the Board approve the request for the McGill Minor Residential Development Appeal (#94-EX0628).

Motion carried 3 - 0.

The meeting recessed at 10:35 a.m.

PUBLIC MEETING REGARDING MCKEE CHARITABLE TRUST PUD

(#190 & #191)

The Board of County Commissioners reconvened at 4:30 p.m. for a public hearing on the McKee Charitable Trust Planned Unit Development. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: John Barnett, Director of Planning; Russ Legg, Chief Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; Rex Smith, Director of Public Works; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

MCKEE CHARITABLE TRUST PRELIMINARY PLAT AND MASTER PLAN

(#94-MS0431): SECTION 22, NORTH 1/2 SECTION 27, TOWNSHIP 6 NORTH

RANGE 69 WEST; 1 1/2 SQUARE MILES LOCATED BETWEEN COUNTY

ROAD 18 AND COUNTY ROAD 19, 1/2 MILE NORTH OF COUNTY ROAD 28;

960 ACRES; 328 LOTS; FA-1 FARMING ZONING (01-23-95).

This is a request to divide 973 acres into 328 (318) single family residential lots (on 150 lots) with 810 acres of open space; Phase One includes 161 lots on about 75 acres. Mr. Legg noted that this item was heard previously on August 15, 1994 and at that time was tabled until today to allow time to obtain additional information regarding transportation concerns and to review recommendations of the Corridor Study Committee. Mr. Legg described the project, reviewed the major concerns and issues, and submitted a letter from the Larimer County Department of Public Works addressing additional transportation concerns reviewed since the August hearing. Mr. Legg noted that the City of Fort Collins still recommends denial of the project, but after discussions with the applicant they have agreed to modify their letter of denial. Staff Findings include: 1) The City of Fort Collins recommends denial; 2) The City of Loveland recommends approval; 3) The proposed Planned Unit Development, with 810 acres of open space and residential net density of 2.1 units per acres clustered on the north 15% of the property, complies with the intent and purposes statement contained in the land use element of the Intergovernmental Agreements with Loveland and Fort Collins; 4) The Larimer County Planning Commission adopts and interprets the land use elements of the Larimer County Use Plan; 5) With the conditions notes, the proposal will not have a negative impact on transportation systems, wildlife, wetlands, property values or utility systems; 6) The proposal is in conformance with existing FA-1 Farming zoning on the property and the Larimer County Planned Unit Development Resolution; 7) Prior to Final Plat approval, the applicant, City of Fort Collins, and the County will need to insure that the proposal is consistent with the adopted Master Transportation Plan or is consistent with the adjacent approvals inside the City limits.

Mr. Burns reported that the Public Works Department recently conducted traffic counts on both County Roads 17 and 19 in order to have up-to-date counts for this meeting; he noted that there are between 7500 to 8500 daily trips on these roads and the McKee project will add about 3500 additional road trips per day, and will be divided evenly between the two roads. Mr. Burns noted that the traffic engineer representing this development has stated that capacity improvements will be needed within the next 20 years on both of these roads, as serious consideration is given to widening a two-lane road to four-lane is when traffic counts are between 9,000 and 11,000 daily trips. Commissioner Duvall asked if the road impact fees to be paid by the developer are in line with the cost of improving the roads, and she asked about the sewer service problems west of Shields Street, as mentioned in the letter from the City of Fort Collins; Mr. Blehm responded that these concerns have been addressed and this development can be adequately served.

Mr. Hammond, Trustee for the McKee Charitable Trust, stated that after making a study of land use planning in this area, with a concern for the corridor issue and design innovation, they designed a plan which will address their concern for stewardship of the land and also benefit the county. Mr. Hammond noted that their project will retain a substantial amount of open space, the homes will be clustered, and they have taken advantage of the topography; he stated that most of the development is beyond a ridgeline and is set back over 600 feet from CR 17, and by reducing the number of lots to 318, the house tops will not be seen. As a result, 86% of this tract is in open space and they have a quality project and an example of what can be done with good planning. Mr. Hammond further noted that this project is not going to develop immediately and it will be phased in as the amenities in the area can absorb them.

Jennifer Vecchi, Urban Planner for Rocky Mountain Consultants, submitted a packet of related materials to the Board, including a photo of the site, copies of letters from the City of Loveland, the Corps of Engineers regarding the wetlands, and the City of Fort Collins regarding sewer service. She addressed the open space plan, the specific design and intent of the project, etc. Ms. Vecchi described the reason for choosing the north end of the property in that it is directly adjacent to the Fort Collins UGA and they were able to utilize the natural contours of the property. Ms. Vecchi also stated that access points were minimized and they utilized a collector street to keep traffic away from the internal neighborhoods. She further noted that they met with representatives from the City of Fort Collins and one of their main concerns was that a 50-foot right-of-way should be reserved along the north edge of this property for County Road 32; she stated that the applicant is in full agreement to comply with this request and setback adjustments will be made during the Final Plat stage.

Matt Deglich reported on the traffic study he conducted for this development, noting that the current traffic counts in the area are at Level "C", and signals may soon be warranted at the two intersections along CR 17 at CR 28 & CR 34. Mr. Deglich noted that the initial access to this development will be from CR 17 and whether or not this development occurs, CR 17 & 19 will require improvements long before this development is completed, and this development will not impact these roads for a number of years after the improvements are made. Mr. Hammond informed the Board that if the request is approved today, they have no objection to setting aside and reserving the necessary width of whatever those roads would require for the four-lane improvements.

At this time, the hearing was opened for public comments: Peter Salig, member of the Corridor Task Force and Chair of the Corridor Committee for the Citizens for the Recognition and Preservation of Private Property Rights, stated that this proposal meets many of the criteria discussed at the Task Force meetings with regard to development in the corridor area and he recommends approval. Denise Prizler stated that this proposal is too vague to become a PUD and is inconsistent the UGA; her major concern is how this open space area will be used in the future and she asked about covenants, etc. Harry Sauer, adjacent property owner, stated that he thinks it is a good plan - it is a win-win situation for the cities of Fort Collins and Loveland and Larimer County and it will create a natural buffer zone with relatively small cost to the county. Bill Patterson, member Corridor Committee, stated that this proposal is ideal and speaks to a whole concept which will work. Ms. Vecchi responded to the concern about the vagueness and lack of details for the project and stated that the details, covenants, and agreements on the Conservation Easement will all be resolved during the Final Plat stage.

At this time, the public testimony portion of the hearing was closed and was opened for Commissioner comments and discussion.

Commissioner Duvall stated that she agrees that this is the kind of development the county needs to encourage; however, the timing is not right. She stated that County Roads 17 and 19 need to be improved and funding is not available; she noted that she is a great proponent of phasing criteria and phasing development with the ability to provide services. She further stated that not only is she concerned about transportation, but she is concerned about law enforcement, schools, etc., and the dilemma is how can we encourage this type of development with this kind of design, which is good, and still match it with our ability to provide services? Commissioner Duvall thinks this development is ahead of the county's ability to provide services and she does not think the formula for assessment of road fees is fair--$350,000 as a total contribution is not fair when it will cost over a million dollars per mile for these road improvements. She asked how this development fits with the corridor plan; Mr. Barnett responded that the corridor plan strongly recommends clustering of development and the implementation of open space and this type of plan is in keeping with both the existing IGA's and with the proposed corridor plan. Commissioner Duvall requested that if this project is approved, she would like to have two things addressed by staff; i.e., the Conservation Easement needs to be written in such a way that the open space can never be developed, and the transportation fee be recalculated so that it is more fair to the taxpayers and the developer will be carrying more of the burden--the recalculation to be based on what is learned from the transportation plan which is currently being developed.

Commissioner Clarke responded to Commissioner Duvall's concern regarding an equitable road impact fee being imposed in that there are two major roads on both sides of this development and if development in the area is approved, additional monies will be derived for these road improvements; however, if development is not approved, these roads will be improved regardless and no money will be coming in to help defray the cost.

Chair Disney noted he agrees with Commissioner Duvall on a number of concerns - he too is concerned about the roads and about the cumulative impact of additional traffic and he noted that the county is headed toward real transportation infra-structure problems. However, he stated that this is a good plan and provides feathering into the corridor.

After much discussion, the Staff Recommendation conditions for approval of the Master Plan and Preliminary Phase Plan for the McKee Charitable Trust Planned Unit Development, were amended by the Board as follows: 1) The Master Plan will expire within seven years from the date of Board of County Commissioner approval (The applicant requested seven years rather than five, because that is the expiration date of the trust); 2) A Development Agreement applicable to heirs and assigns will need to be renegotiated prior to the submission of Final Plat documents and the signing of the Findings and Resolution, which details the timing and general requirements of a Conservation Easement to be placed on the south 810 acres of this property. The Development Agreement will also stipulate the area-wide road improvements required and the impact fees formula agreed to by the applicant. The Development Agreement will be recorded with the Findings and Resolution; and B) Approval of the Preliminary Phase Plan, with the following conditions: 1) The Final Plat shall be developed in strict conformance with the Larimer County Planned Unit Development Resolution and the plans, documents and reports submitted with Case File #94-MS0431; 2) The applicant shall comply with the comments of the County Engineer noted in the letter dated May 24, 1994, including the intersection improvements required for the county roads, as recommended in the applicant's traffic study; 3) An area-wide transportation fee shall be paid in accordance with the formula developed by the County Engineer. This fee shall be re-evaluated at time of approval at each phase of the project, including Phase I. This fee re-evaluation shall include reference to and consideration of the County Transportation Plan; 4) If wetlands, as defined by the Corps of Engineers, exist on the developed portion of the project, then the applicant will need to comply with the requirements of the Corps of Engineers; 5) The Final Plat submitted shall contain a report by a qualified wildlife specialist assessing the impacts, if any, of the development. Compliance by plan, covenant and final landscaping plan is expected; 6) The Final Site Plan shall conform to the existing topography of the land in a manner that takes advantage of existing elevations to minimize the view from the County Road System and that will minimize cut and fill in the developed areas. All cluster lots shall meet Planned Unit Development perimeter setback requirements. Internal cluster road intersections shall be offset to minimize turning movement conflicts or aligned to form a full intersection with the adjacent cluster. The collector street shall be landscaped with street trees approved by the County Forester and clusters shall maintain a minimum of 80-foot separation from the road right-of-way to the nearest cluster lot. The Final Plat shall contain a typical lot layout and structure arrangement with defined setbacks for all structures; 7) The applicant, the County Engineer, and the City of Fort Collins Engineer shall examine approved and proposed developments in the area in order to determine that access exists as contemplated by the adopted Larimer County Master Transportation Plan for the Fort Collins Urban Growth Area or that the appropriate amendments are accomplished. This action shall occur prior to Final Plat submittal; 8) The applicant shall comply with the requests of the reviewing agencies noted on pages 26 through 37 of the Planning Commission Agenda; 9) A satisfactory agreement for road improvements will need to be reached between the Public Works Division and the applicant. This will most likely take the form of a transportation fee per unit or a General Improvement District assessment; 10) A final landscaping plan will be required, with emphasis on building treatment and structure location on the lot, and shall be submitted with the Final Plat; 11) Easements shall be identified on the Final Plat; 12) An internal pedestrian circulation pattern shall be shown with the Final Plat and designed to serve school bus pick up areas, as requested by the School District serving this area; 13) A detailed final drainage and overlot grading plan will need to be submitted with the Final Plat; 14) A minimum lot size shall be defined as part of the Final Plat; 15) Notes will be required on the Final Plat concerning engineered footing and foundations; 16) Park Fees and neighborhood play areas shall be addressed at the time of Final Plat; 17) Drainage Fees, per County requirements, will be applicable and noted on the Final Plat; 18) Radon testing is required prior to occupancy permits and a note to this effect placed on the Final Plat; 19) The applicant shall contact and work with the School District regarding school bus pick up; 20) The fire protection issue regarding service area will need to be finalized at the time of Final Plat; 21) A long-term rodent control plan will be required with the Final Plat; 22) Road maintenance will need to be specified through a Homeowners' Association or General Improvement District at the time of Final Plat and a note added to the Final Plat that Larimer County will not provide road maintenance to the development; 23) The land around the houses will need to be dedicated to the Homeowners' Association at the time of Final Plat recording; 24) A lighting plan will be required at the time of Final Plat, with safety lighting at critical intersections; 25) A Conservation Easement tract for the 573 acres shall be submitted with the first Final Plat; 26) Utilities will be required to be underground; 27) The entire property including the Conservation Easement tract shall be shown on the Final Plat; 28) At the time of Final Plat, street names shall be utilized that do not conflict with existing street names in Larimer County; 29) The following note regarding agricultural uses in the area shall be placed on the Final Plat and in the covenants: "Prospective lot owners should be aware of the existing agricultural activities in this area. Agricultural uses often result in noise, odors, and/or dust which might not be compatible with residential uses. Larimer County will not take any action to stop or hinder legal agricultural uses of property uses in this area"; 30) Before the Final Plat is approved, an external bicycle and pedestrian circulation plan must be in place for the area to be funded by the subdivision improvements agreement; 31) Before Final Plat approval, off-site sewer easements and transportation facilities must be obtained from the applicant; 32) Before Final Plat approval, a 60-foot easement reservation will be required along the future County Road 32; and 33) A 30-foot dedication along County Roads 17 and 19 will be required for future widening of these roads.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation, with conditions as amended, and approve the McKee Charitable Trust Preliminary Phase Plan and Master Plan (#94-MS0431) to divide 973 acres into 318 single family residential lots

Much discussion followed; other amendments to the motion were offered and discussed, but failed to receive a second.

Motion carried 2 - 1; Commissioner Duvall dissenting.

The meeting adjourned at 6:45 p.m.






TUESDAY, JANUARY 24, 1995

PRESENTATION FROM FINANCIAL MANAGEMENT SYSTEM COMMITTEE

AND DELOITTE AND TOUCHE

(#192)

The Board of County Commissioners met at 10:00 a.m. for a presentation from the Financial Management System Committee. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Ed Hilbert, Kevin Anderson and Larry Haines of Deloitte and Touche, Consulting Firm; Jim Stokes, Steve Miller, Rex Smith, Bob Keister, Bob Martell, Bobbie Dorris, Diana Morton, Patrice Luehring, and Cindy Spreitzer, Members of the Financial Management Systems Committee; Neil Gluckman, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Stokes reminded the Board that six months ago, it was decided to bring in a consultant to look at the county's financial system; he noted that the current system is antiquated and does not utilize new and advanced technology. Mr. Stokes stated that eleven responses were received to the Request for Proposal and the Committee selected and interviewed two firms and has recommended Deloitte & Touche as the best qualified for the project.

Mr. Hilbert provided an overview of Deloitte & Touche, noting they are one of the largest management consulting and public accounting firms in the world and recognized as a leader in local government financial operations. Mr. Hilbert stated that the county will designate a project coordinator working with the D & T Project Manager and Focus Groups made up of key county staff will participate in work sessions to define requirements. Mr. Hilbert stated that when they come in, they try not to disturb the day-to-day work schedules of the county employees, as the county has to keep running, and the whole process can be completed in approximately a three-month period.

Mr. Anderson outlined the reason for doing an assessment project and described the project objectives; he noted this will be a strategic financial plan for the county. Mr. Anderson described how potential cost reductions can be achieved with a modern financial system combined with business process reengineering.

Discussion among the Board followed; Commissioner Duvall asked if there were parts of the process that county staff could do. Mr. Hilbert responded that county staff could do it, but it would take so much time and would have to start from scratch. Mr. Miller stated that he thinks it is critical that the Board approve a company such as D & T to review the county's financial system and from a systems standpoint it would be almost impossible to do it in-house and it will make deciding where we go much easier. It was noted that the D & T Financial Management System Assessment Project will cost $125,000; however, the next bid received was for $194,000.







The meeting recessed at 11:15 a.m.

ADMINISTRATIVE MATTERS

(#191 @ 2500)

The Board of County Commissioners met at 2:00 p.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant to the County Manager. Recording Clerk, S. Graves.