PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 26, 1996

LAND USE PLANNING MEETING

(#444 & #445)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Carol Evans, Planner II; John Pedas, Zoning Code Enforcement Officer; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke 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. FRONT RANGE STONE REZONING (#95-ZN0583): NE 1/4 14-06-69,

WEST SIDE OF U.S. 287 (COLLEGE AVENUE), SOUTH OF COUNTY

ROAD 34 (TRILBY ROAD); 4.99 ACRES; 1 LOT; FA-FARMING AND

COMMERCIAL ZONING

This is a request to rezone a small portion of a parcel from FA-Farming to C-Commercial to coincide with the existing Commercial zoning on the balance of the parcel; and request to also allow the use of the entire parcel for the existing retail stone business on this property. Staff findings include: 1) The subject property has a split zoning, with the northern 2/3 being zoned C-Commercial and the southern 1/3 being zoned FA-Farming; the property is in the Urban Growth Area overlay Zoning District; 2) There is an existing retail stone sales business located on the commercially-zoned portion of the property and a single family dwelling located on the agriculturally-zoned portion. This proposal includes removal of the residential use and expansion of the storage/stone sales business onto the southern portion of the property; 3) Existing uses in the immediate area include mixed commercial and residential; the property is contiguous to existing C-Commercial zoning; 4) This proposal was reviewed by the City of Fort Collins, the County Health and Engineering Departments, the Colorado Department of Transportation, and other agencies; no objections were raised to this proposal; 5) Rezoning this property will eliminate a split zoning situation and allow full use of the subject property for the commercial stone business. The request is consistent with the intent and purposes of the land use plans and policies of Larimer County and the City of Fort Collins. Subject to certain conditions, this rezoning should not significantly impact adjacent properties, provision of services or transportation, nor impair the public health, safety or welfare.

The Urban Growth Area Review Board/Staff recommendation is for approval of the proposed rezoning for the portion of this property zoned FA-Farming/Urban Growth Area to C-Commercial/Urban Growth Area, with the following conditions: 1) A clean survey plat with a legal description of the property being rezoned shall be submitted. The survey and legal description shall be prepared by a professional surveyor licensed in Colorado; 2) The existing dwelling on this property shall cease use as a residence; this structure shall not be used as an office for any use unrelated to the existing stone supply business; 3) Drainage fees shall be paid at building permit issuance for the relocation and remodeling of the dwelling to an office or the construction of a new office; 4) Earth-tone colors shall be used for the office building and storage building; 5) Fire protection approved by Poudre Fire Authority shall be required at the time of building permit issuance for the shop building and/or the relocation and remodel of the dwelling to an office; 6) Prior to recording the Findings and Resolution approving this rezoning, the following items must be submitted and/or completed and approved: a) Evidence that the single family dwelling on this property is no longer being used as a residence; b) A landscaping plan prepared according to requirements of the Landscaping Guidelines for the UGA, including screening for all storage areas and showing locations of all improvements and the ditch easement; c) Any landscaping required for storage areas; d) Removal of one of the identification signs located on this property and removal of the billboard on this property; e) Evidence that the issue of the storage on the adjacent property to the north has been resolved in an acceptable manner (such as approval of a variance, boundary line adjustment, discontinuation of the use); 7) The applicant shall provide a plan, satisfactory to the reviewing agencies, relating to the protection of the stock piles prior to the Board of County Commissioners (This condition has been met).

2. MCKEE CHARITABLE TRUST PRELIMINARY PHASE PLAN TIME

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

TOWNSHIP 06 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; 328 ACRES; 328 LOTS;

FA-1 FARMING ZONING

This is a request to extend the preliminary phase plan for one year. Staff Findings are: 1)

The Master Plan and Preliminary Phase Plan for McKee Charitable Trust PUD was approved January 23, 1995, with numerous conditions; 2) The applicant requests a one-year extension to file the final phase plan; 3) The extension request was reviewed by County Health and County Engineering; no objections were noted; 4) The extension request was forwarded to the City of Loveland and the City of Fort Collins for review. The staff recommendation is for approval of the extension of the Preliminary Phase Plan until January 23, 1997. All conditions of approval, as stated in the Findings and Resolution dated January 23, 1995, shall continue to apply.

M O T I O N

Commissioner Disney moved that the Board adopt the staff findings and Urban Growth Area Review Board and staff recommendations and approve the Front Range Stone Rezoning (#95-ZN0583) and the McKee Charitable Trust Preliminary Phase Plan Time Extension (#94-MS0431); each, with the conditions as outlined.

Motion carried 3 - 0.

3. ATENCIO JUNKYARD ZONING VIOLATION (#95-ZV0808): S 1/2,

SW 1/4, 32-08-69, 3916 WEST COUNTY ROAD 50, FORT COLLINS, CO.

This alleged violation is for storing inoperable/unlicensed vehicles, junk debris and discarded bread in the FA-1 Farming Zoning District. Mr. Pedas provided the background information, described the violation, submitted photos of the site and several letters relevant to this property, and reviewed the major issues and concerns. Staff findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming District does not permit junk yards, or refuse disposal; 3) The condition of the property may impair the health and safety of the inhabitants of the neighborhood; 4) The continued use of the property, inconsistent with zoning requirements, will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Lisa Atencio Victoria, daughter of the property owner, described the many family problems they have had and requested additional time for cleaning the property; she stated that they have been working on reducing the bread pile. Commissioner Duvall expressed concern about the piles of bread and asked for an explanation of how it accumulated. Ms. Victoria stated that her husband had a part-time bread delivery route, which he no longer is doing, and the bread was deposited at that time; they plan to get two pigs to eat the bread. Glen Delehoy, Robert Udall, and Robee Guidry, adjacent property owners, addressed the Board with their concerns; they discussed the pile of bread and noted it has not diminished in size at all. They also stated that there are seven or eight vehicles on the property and the suggestion was offered that some junkyards will haul the cars away without charge; they noted that the neighbors are distraught with the appearance of this particular property and requested that some improvement be required on this property. Discussion among the Board followed; they stated that they do feel the bread is a health issue and must be taken care of immediately.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners find, in the matter of the Atencio Junkyard Violation, that a violation exists, require that the bread be completely removed within seven days and full compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

4. CLOVERLEAF MOBILE COMMUNITY SPECIAL REVIEW (#95-ZR0713):

SW 10-07-68, NORTH OF THE EXITING CLOVERLEAF MOBILE HOME

PARK, ON THE NORTH SIDE OF STATE HIGHWAY 14 (MULBERRY)

1/4 MILE EAST OF INTERSTATE 25; 29 ACRES; 165 LOTS;

M1-MULTIPLE FAMILY ZONING

This is a request for approval of a Special Review to expand the existing Cloverleaf Mobile Home Park to accommodate an additional 165 mobile homes, an RV storage area, and community park on 29 acres. Mr. White provided the area analysis and project description and reviewed the major concerns and issues; he stated that this item would have been on consent, as all technical requirements have been met and there is no opposition from adjacent property owners, but access and the impact this development will have on the intersection of Highway 14 and Interstate 25 is a concern. Staff findings are: 1) This proposal meets all of the criteria of the Mobile Home Resolution, the Comprehensive Land Use Plan, the Urban Growth Area Agreement, and the Zoning Resolution; 2) Given the need for affordable housing, particularly sites for mobile homes in the community, this project will fill a community need; 3) The Colorado Department of Transportation, the County Health Department, and other agencies concerned with health, safety, and utility provision have reviewed this proposal and concluded that any negative impacts from this project will be minimal; 4) Approval of this Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

In response to questions from Commissioner Disney regarding traffic concerns, Mr. Burns responded that the traffic study for this site and addendum have addressed most of the technical concerns and are not of great concern; there is, however, a concern regarding the lack of adequate level of service for traffic leaving the development making a left turn to go east bound on Highway 14 and he stated he wanted to make the Board aware that the intersection of Highway 14 and I-25, particularly on the west side in front of the Holiday Inn, has a high accident rate history. Mr. Burns informed the Board that the City of Fort Collins, Larimer County, and Colorado Department of Transportation (CDOT) are collaborating on a study to see what can be done to improve this intersection on an interim and long-term basis and the interim improvements are projected to be completed this summer. Tess Jones, Region Access Coordinator for CDOT, noted that she supports Mr. Burns' concerns about the access and level of service and she referred to the paragraph in her letter stating that the addendum recommending the access and east frontage road be monitored as growth occurs to ensure that "back-stacking" does not occur between the two accesses; and, if that occurs, the site access will be converted to Right-in/Right-out by the permitee. Ms. Jones stated that the applicant needs to be aware of this because it will require some re-construction which will be at the applicant's expense; she also noted that a signal at the east frontage road may be warranted in the future. Mr. Burns added that consideration might be given for a three-way lane to be constructed so the cars going west won't have to wait for the cars turning east; Ms. Jones concurred.

Tom Kaehler of Jim Sell Design, representing the applicant, described the project and addressed the access concerns by outlining the phasing of this project: 1st phase is 45 units to be built in 1996 and no construction in 1997; 2nd phase is 45 units in 1998 and no construction in 1999; 3rd phase is 45 units in 2000 and no construction in 2001; 4th and final phase is 30 + or - units in 2002. Mr. Kaehler stated that this is a thoughtfully designed project, meets all the criteria, the project has density of 5.7 homes per acre and generous lot sizes, one tree per lot, two parking spaces per lot, detached sidewalks continuous throughout, new park for the residents, etc.; and, he noted that the most important aspect of this project is that it will be provide affordable housing, which is greatly needed in Larimer County. Barbara Trevarten, Manager of the Cloverleaf Mobile Home Park, noted that there are "x" number of trips generated going west out of the mobile home park and she asked if anyone has considered the number of cars that do not go over the top of the overpass, but go south to Prospect or to Harmony. With regard to the installation of a stop light at the east frontage road, she thinks this is a great idea as this would slow traffic and give lapses of time; she also stated that in 19 years time, they have never once tried to reach the top of the rent scale in Fort Collins and this helps alleviate the problem of affordable housing. Ruth Clear, Transportation Engineer, who did the traffic analysis for 1997 and 2015, stated that when they did the analysis for 1997, they did not consider phasing and used the 165 units total; she noted that with the phasing, the number of cars exiting the mobile home park will be greatly reduced.

Discussion among the Board followed; Commissioner Duvall stated that initially she was in favor of this project until they started talking about the increased traffic and the project is not in keeping with urban density. She noted, however, that there is a big need for affordable housing and areas for mobile homes, but questions whether the Board should allow such homes to be placed in a dangerous location. Commissioner Disney stated he is also very aware of the need for affordable housing, but he would like to figure out a way to do it safely and he asked if the first phase could be delayed until the interim traffic solution is in place. Chair Clarke noted that condition #4 regarding an annexation agreement must be signed by the developers speaks to the concern of urban density; in terms of expansion, it has been difficult to find space for mobile homes and expansion of this park is a good idea because it is a well-run mobile home park. In terms of traffic, Chair Clarke noted that the amount of trips to be generated from this mobile home park, compared to the background traffic already existing, is minimal. Commissioner Duvall asked if this mobile home park is being proposed according to city standards; Mr. White responded in the negative, but noted that the City of Fort Collins approved the standards and assured the Board the design standards will not be problem for annexation of the property.

The Urban Grown Area Review Board/Staff recommendation is for approval of the Special Review to allow the expansion of the Cloverleaf Mobile Home Park, with the following conditions, as amended: 1) The Mobile Home Park must be constructed as shown on the site plan dated November 17, 1995, and as reviewed by Planning Staff and the Urban Growth Area Review Board, with the exception of changes requested as part of this approval; 2) Additional information must be submitted to the Colorado Department of Transportation, as requested in their letter of December 27, 1995, and any additional improvements which may be required as a result of that information must be provided by the developer; 3) The fencing shown on the site plan on the south and west sides of the RV parking area must be continued on the northern property line also; 4) An Annexation Agreement must be signed by the developers; 5) A letter of commitment to serve this project from Boxelder Sanitation must be submitted to the Planning Department; 6) Fire hydrants must be installed and tested with test results forwarded to the Planning Department prior to placing any mobile homes or other structures on the site; 7) Park fees must be paid for each phase of development prior to receiving a Mobile Home Park Permit; 8) The plan must clearly indicate the presence of a 10' utility easement on the rear of each lot and must state that no trees can be planted within 4' of any gas line; 9) A note must be placed on the plan and incorporated into the rules for the park which states that there can be no occupancy of stored Rvs; 10) Phase One must begin development within 5 years of receiving approval from the Board of County Commissioners or the project is subject to reconsideration by the County; 11) Detailed plans for all improvements must be submitted to the County Engineer for approval prior to beginning construction of the improvements, as well as a preliminary and final stormwater management plan and an erosion control plan. A construction permit is required prior to beginning any site development work; 12) Additional signage and extension of the right decel lane for west bound traffic turning into the site must be provided. This access and improvements should conform to the code as nearly as possible with the right-of-way that is available; 13) The left deceleration lane existing in the center of Highway 14 for eastbound traffic needs to be stripped as part of this project; 14) If right-of-way is available, a third lane will be constructed at the entrance to provide two lanes for egress and one lane for egress; 15) Allow no more than 45 units to be developed in 1996, and not allow phase 2 for an additional 45 units to be completed until June of 1998, or until interim safety improvements have been made to the west frontage road of the Highway 14 intersection.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the staff and Urban Growth Area Review Board recommendations and approve the Special Review to allow the expansion of the Cloverleaf Mobile Home Park, with the conditions as amended, to include the addition of conditions #13, #14, and #15.

The meeting adjourned at 4:45 p.m.

TUESDAY, FEBRUARY 27, 1996

ADMINISTRATIVE MATTERS

(#446 & #447)

The Board of County Commissioners met in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Duvall presided; Commissioner Disney was present. Chair Clarke was absent. Also present were: Donna Hart, Assistant to the County Manager; Bob Keister, Budget Manager; Linda Coxen, District Attorney Administration Administrator; Paul Cooper, Community Corrections Director; George Hass, County Attorney; and Jeannine Haag, Assistant County Attorney. Recording Clerk, A. Jensen.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared for the open session for public comment today.

2. EXTERNAL PLAN: Mr. Gluckman announced that Ms. Maggie Carter and Mr. Jose Trujillo have volunteered to facilitate the development of the external plan. Discussion continued with Mr. Gluckman outlining what has been discussed in previous meetings and future plans. It was noted during these meetings that the overwhelming topic discussed was private/public partnerships. Mr. Gluckman suggested the Commissioners conduct a 'summit' where these types of partnerships could be discussed in detail. The Commissioners expressed their support for this project and plans for the summit. Much discussion ensued regarding the role the Commissioners will play in facilitating the summit. Mr. Gluckman has scheduled the summit for May 9, and May 10, 1996. Chair Pro-Tem Duvall reviewed the list of individuals invited to attend these discussions. Commissioner Disney inquired as to the timeline for completion of the external plan. Mr. Gluckman stated there has been no timeline established. The Commissioners will review the list of invitees and convey any questions or concerns to Mr. Gluckman within the next week. The Commissioners also applauded current and previous staff and Commissioners for their efforts in putting Larimer County in a leadership role.

3. DISCUSSION OF JACKSON COUNTY DEPUTY DA'S SALARY: Ms. Coxen briefly detailed the information leading to today's request. Ms. Coxen also stated that this request will not increase Larimer County's costs.

M O T I O N

Commissioner Disney moved that the Board increase Mr. Dan Kaup's salary to $19,152.22 and apply $2,777 reimbursement from Jackson County for the District Attorney and the Assistant D.A.'s salary to Mr. Kaup's salary.

Motion carried 2 - 0.

4. REQUEST FOR BUDGET SUPPLEMENTAL FOR RENTAL SPACE: Ms. Coxen stated she is before the Board today to request for an increase in the District Attorney's budget to accommodate their need for additional rental space. This need arises from the fact the current building has structural problems that will not allow fully loaded filing cabinets from being installed in the current leased space. The additional requested space is approximately 1100 square feet. Ms. Coxen itemized the options available to the Commissioners. The Commissioners made several suggestions to Ms. Coxen, as well as instruct her to re-negotiate the proposed lease to include the suggestions made.

5. EXECUTIVE SESSION - PROPERTY ACQUISITION DISCUSSION:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session with Paul Cooper, Community Corrections Director to discuss property acquisition.

Motion carried 2 - 0.

The Executive Session ended at 10:50 a.m.; no action taken.

6. LEGAL MATTERS:

Mr. Hass submitted a memo detailing his comments regarding Senate Bill 96-69. Mr. Hass continued the discussion by addressing specific points. Much discussion and explanation ensued regarding the details of this bill. Mr. Hass mentioned that the Commissioners could adopt some of the procedural aspects of this bill if they so desire. Ms. Haag also commented on Senate Bill 96-69. Commissioner Disney asked Mr. Hass and Ms. Haag for suggestions addressing possible solutions ensuring fair and equitable access to the legal system for the property owners and the taxpayers.

7. WORKSESSION:

-- Senate Bill 96-48: Mr. Gluckman presented a letter which will accompany a resolution for submittal to various state representatives. Chair Pro-Tem Duvall is desirous of using this method for taking an official stance on certain legislative bills.

-- Policy Worksession schedule: Mr. Gluckman suggested that the Commissioners conduct a quarterly all day session for their policy worksession to allow closure on the issues discussed. CONSENSUS OF THE COMMISSIONERS was to instruct Mr. Gluckman to begin scheduling quarterly all day policy worksession. The first worksession is scheduled for March 19, 1996.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they will be able to attend.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of February 19, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Schedule for the week of March 4, 1996, as submitted and revised.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following documents, as listed on Document Review for February 19, 1996:

MISCELLANEOUS DOCUMENTS: High Pines Amended Plat and the Annual Certification of Larimer County Road Mileage to the Colorado Department of Transportation. LIQUOR LICENSES: A License was issued to Lopiano's Restaurant - 6% WITH EXTENDED HOURS - Fort Collins, CO. County Approval was granted for a Waive of Hearing for a Change of Ownership for Classic Catering at 4333 E. Mulberry St., Fort Collins, CO. for a 6% Hotel and Restaurant Liquor License.

A96-27 FRAUD REIMBURSEMENT AGREEMENT BETWEEN THE

LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES

AND STUART VANMEVEREN, LARIMER COUNTY

DISTRICT ATTORNEY

A96-28 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

A96-29 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND REINHOLT J. SCHNEIDER (Project #181)

D96-04 DEED OF DEDICATION BY GLACIER VIEW MEADOWS, INC.

(Red Feather Road - Project #120)

R96-37s FINDINGS AND RESOLUTION APPROVING THE AMENDED

PLAT OF LOVELAND COMMERCIAL PLAZA AND VACATION

OF ARTHUR AVENUE

R96-38s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

BONNELL WEST PUD 4TH FILING

Motion carried 2 - 0.

The meeting adjourned at 11:30 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

(SEAL)

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Aimee Jensen, Deputy County Clerk