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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, SEPTEMBER 3, 1996

LAND-USE PLANNING MEETING

(#80)

The Board of County Commissioners met at 3:00 p.m. in regular session with Director of Planning Larry Timm. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Russell Legg, Chief Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. GRAEBE MINOR RESIDENTIAL DEVELOPMENT APPEAL (#96-EX0925):

19-05-69; 808 SOUTH COUNTY ROAD 23E IN LOVELAND; 15 ACRES;

FA-1 FARMING ZONING

This is a request to appeal the criteria for a Minor Residential Development. Mr. Kadera described the appeal and reviewed the major concerns and issues. Staff findings include: 1) Property must meet six criteria to be eligible for division under the Minor Residential Development process; 2) This 15-acre parcel was created through the Exemption process in 1972; this parcel did not exist prior to the adoption of Senate Bill 35 on May 5, 1972; 3) An appeal from the criteria can be approved if the applicant demonstrates unusual or unique circumstances; 4) A legal, non-conforming kennel has been operating on this site since 1973; the kennel has resulted in many complaints as more single family dwellings have been constructed in this area. The applicant has proposed to phase out the kennel operation and return the use of the property to single family;this will be a significant benefit to the neighborhood and warrants consideration under the MRD appeal process; 5) There are currently two dwellings on this site; one dwelling is attached to the kennel and the other is a modular that was approved by the Board of Adjustment in 1974. The MRD will split the property so each dwelling is on a separate lot; 6) Access and utilities are currently in place for each dwelling; 7) The County Health and Engineering Departments reviewed the appeal and stated no objections.

The staff recommendation is for approval of the Graebe Minor Residential Development Appeal with the condition that the MRD application include a plan for phasing out the kennel operation. Approval of the MRD shall include a condition that the applicant shall obtain a building permit for the alteration of the kennel facilities and execute a written agreement with the County which details the timing of the alterations. Questions from the Board and discussion followed.

Commissioner Duvall asked the applicant about the time line for phasing out the kennel operation; Mr. Graebe responded that they want to do this as soon as possible, but would like up to two years because they need to sell one of the properties to pay off the other one because the kennel business is paying the mortgage payments on the property. Commissioner Duvall asked Mr. Kadera if he is comfortable with the two-year time period for phasing out the business; he responded that up to two years is reasonable and noted it will be included in the MRD approval and the building permit process.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Graebe Minor Residential Development Appeal (#96-EX0925), with conditions as outlined.

Motion carried 3 - 0.

2. LAPORTE PLAZA PLANNED UNIT DEVELOPMENT TIME EXTENSION

& REINSTATEMENT (#92-MS0029): SE 1/4 OF 29-08-69, WEST OF THE

INTERSECTION OF COUNTY ROAD 54G AND COUNTY ROAD 52 ON

THE SOUTH SIDE OF COUNTY ROAD 54G (OLD U.S. HIGHWAY 287);

3.18 ACRES; 1 LOT; EXISTING ZONING B-BUSINESS

This is a request for reinstatement and time extension for an expired Master Plan and Preliminary Plat for a 32-unit residential development in the LaPorte area, with the noted changes: The number of units has remained the same, but there will be two four-plex units instead of the one eight-plex unit, and the location of the buildings has also changed from the original plan. Mr. Legg informed the Board that the LaPorte Plaza PUD was originally approved on June 29, 1992, and received a time extension on September 13, 1993; the applicant began work on another extension in 1995, but did not complete the process and staff considered the file expired. Mr. Legg stated that the project site is currently zoned B-Business and the applicant is proposing a change to M-Multiple Family, if the extension is granted and the PUD completed; he noted that because of the underlying commercial zoning, staff supports the reinstatement request and the LaPorte Area Planning and Advisory Committee (LAPAC) recommended approval of the extension at their meeting on August 20, 1996. Staff findings are: 1) Rezoning of the subject property would fit the general pattern of development in the area and is consistent with the LaPorte Area Plan; 2) Rezoning of the property should be effective on the date of this extension in order to remove the B-Business zoning from the site.

The staff recommendation is for approval of the reinstatement of the LaPorte Plaza PUD Master Plan Rezoning and Preliminary Plat, with the following conditions: 1) The rezoning to M-Multiple Family shall become effective immediately upon this approval with the condition that any future use of the property shall be submitted as a PUD; 2) The Master Plan shall expire September 3, 1999; 3) The Preliminary Plat shall expire September 3, 1997: a) The original conditions of approval, as noted in the previous Findings and Resolution, shall apply to the Final Plat when submitted; b) The building elevations and description of building materials shall be included in the final plans and final site development plan. The applicant is reminded that these final plans will be required to be reviewed by LAPAC prior to their review by the Board of County Commissioners; This is consistent with condition #1 of the June 22, 1992 Findings and Resolution.

Applicant Gerald Thomas asked about the zoning change and stated that he thinks it should be contingent upon final approval when the Master Plan is completed and not at this time; in the event the Board should not approve the final plans, he does not want to be negated from using the property as business if this whole process results in a denial. Mr. Legg responded that this reinstatement and extension of the Preliminary Plat and Master Plan is the time when the County puts its conditions on a project; the final plat process, if approval is received today, is administrative as long as the applicant meets the original conditions of approval. Marilyn Ethridge, speaking for herself and as the personal representative for Frances Ver Stratten, deceased owner of the adjacent property to the subject property, voiced objection to any type of dwelling being built on this property because it will result in increased traffic, trash, noise, crime rate, etc. Debbie Morgan, member of LAPAC, stated she voted in favor of this reinstatement and noted she is personally in favor of changing the zoning immediately. Leslie Moore, one of the Ver Stratten heirs, requested clarification about the zoning change, access to the property, number of units allowed on the property, height of the buildings, etc.; discussion of her questions followed and she was informed there will be 32 units and will be two-story. Ms. Moore expressed concern that there are water lines and sewer lines crisscrossing the property; Mr. Thomas responded that there is presently an existing 10-inch sewer line along the west side of the property, which was there when he purchased the property in 1979, and there is a 8-inch water line on the south and east side of the property, which is City of Fort Collins Water. Mr. Thomas stated that all the other utilities, to his knowledge, are not on the property but on the easements adjoining the property. Commissioner Duvall requested Ms. Haag to clarify for everyone exactly what is happening here today; Ms. Haag explained that the Master Plan and Preliminary Plan have already been approved by the Board of County Commissioners and there are certain time limits on the length that those plans can be effective. Ms. Haag stated that the time limits have expired and so the applicant is now requesting that this Board consider reinstating the plans and give him additional time to complete development under those plans -- it is not a new application with new plans.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the LaPorte Plaza PUD Time Extension & Reinstatement (#92-MS0029), with conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:45 p.m.

WEDNESDAY, SEPTEMBER 4, 1996

ADMINISTRATIVE MATTERS

(#81 & #82)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: John Fooks, Environmental Affairs Manager for Platte River Power Authority; Deni LaRue, Courthouse Expansion Project Coordinator; Steven Bell, Managing Director Municipal Finance Department for Dain Bosworth, Inc.; Mike Johnson, Bond Attorney; Carol Block, Director of Finance; Dick Anderson, Facilities Manager; Frank Lancaster, County Manager; Dave Farmer, Wildfire Mitigation Coordinator; Joan Duchene, Supervisor Commissioner's Office; Donna Hart, Community Information Manager; Marla Hehn, Assistant County Attorney; and George Hass, County Attorney. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Cheryl Olson, Stan Gehring, and Dick Brauch. Ms. Olson, Candidate for Commissioner District #2, requested clarification from the Board regarding several questions she is often asked about the Safety and Facilities Expansion (S.A.F.E.) project: 1) Has the Board looked into the constitutionality of combining five subjects into one ballot issue; Chair Clarke responded in the affirmative. Mr. Lancaster stated that legal counsel was consulted regarding this question and they responded that since all five subjects constitute a facilities/capital expenditure question, it is permissible; however, different types of questions cannot be combined in one issue, such as facilities, salary increases, open space, etc.; 2) Why are we voting on this issue all as one package and not as separate issues to give the voters a menu of items to choose from; Commissioner Disney responded that when they were considering the needs, they combined all the needs which are immediate public safety concerns; 3) Why not separate the ballot question into two issues - the Detention Center and Sheriff's Headquarters and the Justice Center and the Courthouse remodeling; Commissioner Disney stated this was discussed and they determined that these were all immediate needs affecting public safety and should be combined. Chair Clarke described other existing capital needs in the County that are not safety related and which are not included in the ballot question.

Mr. Gehring submitted a map to the Board of his area to show how many other people live in the vicinity and he is not the only person driving over the dangerous/life threatening spot on CR 59. Mr. Gehring stated that right now there are three huge road graders and a road roller on CR 59 grading a road which does not need grading; he stated he would rather have the County, in view of budget problems, substitute in priority fixing the dangerous spot on CR 59 and eliminate grading a road twice a year that does not need to be graded. Mr. Gehring asked about the status of obtaining an easement from the adjacent property owner so a snow fence can be erected at this location, which was mentioned last week as a partial solution to the problem; Mr. Gluckman responded that Mr. Heiden has contacted Colorado State University (the adjacent property owner) and the process has started. Mr. Gehring asked for a specific date as to when the road will be fixed; Commissioner Disney stated that it is impossible to set a certain date because of unforeseen circumstances which may arise. Commissioner Duvall requested Mr. Gluckman add the subject of moving up in priority a safety situation over routine maintenance to the list of discussion items for Policy Worksession.

Mr. Brauch, a resident of Terry Point, informed the Board that on September 16, 1996 a proposal for Terry Cove PUD will be coming before them for approval and he asked if the Board ever takes field trips; if so, he requested that they visit the site, which is composed of very nice, upper-level single family homes. Mr. Brauch stated that years ago, some condominiums were grandfathered into this area and some were built; the first ones built were quite nice, but the quality of others built has deteriorated and there are two on Douglas Road that are very poor quality. Mr. Brauch asked the Board to drive through Terry Shores and Terry Point and then drive by the two condos that face Douglas Road before the hearing; he noted that the property owners in this area are not against growth or development, they are just against the proposed density. Mr. Brauch also requested the Board to look at the access to the lake.

2. RESOLUTION TO SUPPORT FUNDING FOR TRANSPORTION OPTIONS: Mr. Gluckman noted that a letter has been received from State Representative Bill Kaufman requesting the Board to adopt a resolution urging Congress and the State Legislature to fund an additional higher level feasibility study of transportation options for alleviating the growing traffic congestion in Northern Colorado, as the population growth experienced in this area has overwhelmed our highway system and threatens our environment and quality of life. Mr. Fooks informed the Board that both the Cities of Fort Collins and Loveland have adopted similar resolutions; the Board reviewed the resolution and revisions were suggested.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt a resolution urging State and Federal office holders to assist the Northern Front Range Region in obtaining the resources necessary to conduct a detailed, higher level feasibility study of transportation options in the Northern Front Range, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-130g RESOLUTION URGING STATE AND FEDERAL OFFICE

HOLDERS TO ASSIST THE NORTHERN FRONT RANGE REGION

IN OBTAINING THE RESOURCES NECESSARY TO CONDUCT

A DETAILED FEASIBILITY STUDY OF TRANSPORTATION

OPTIONS IN THE NORTHERN FRONT RANGE

3. DISCUSSION OF COURTHOUSE BALLOT LANGUAGE: Ms. La Rue submitted an agenda of topics to be discussed and requested that some basic decisions be made today by the Board regarding those topics to assist in writing a resolution containing the final ballot language which will be presented to the Board for approval next Monday. Ms. La Rue provided the feedback from the citizen's group on the residual expenditures for operations and maintenance; she stated that the general feeling of the group was to spend all the principal and the interest that is collected and not leave an endowment sum on the side which would not be utilized. Mr. Bell stated that the feeling of the group was that based upon conservative estimates, and some estimate of what operations and maintenance costs could be over time, that the tax for a 20-year period could create a residual that would allow for construction, on-going operations and maintenance and preserve the General Fund of the County; the tax collected will be specific to the building, its operation and program expense for at least the life of the facility. Chair Clarke stated he wants the ballot language to be very precise so that any revenue over and above can only be used to operate, maintain, and expand these facilities and any other use of those dollars would have to be approved by the voters.

Ms. La Rue read aloud the "purpose" portion of the proposed ballot language and requested input from the Board; much discussion followed and many revisions were made.

Ms. Block submitted and reviewed the latest version of the Courthouse budget worksheet, which included the budget for construction items, items outside the RFP scope, and other, for a total of $63,854,486; she asked the Board if they had any additions or deletions to this budget. There were questions and much discussion regarding the $250,000 budgeted for the Atrium & Program space, only a 1% contingency being built in, and the circular library. Chair Clarke stated he will go to Denver this afternoon to talk to the architect to try and resolve some of the Board's questions.

The length and amount of sales tax were discussed; Ms. LaRue stated that the citizens group had some discussion whether the tax should be for 20 or 25 years; Ms. La Rue recommended a compromise in which the tax be .43% of 1% for 20 years and run from January 1, 1997 until December 31, 2016; the Board concurred. There was much discussion of how the .43% of 1% should be listed on the ballot; it was noted for clarification that currently a sales tax of 6.25% is collected and if this ballot issue is passed by the voters, a 6.68% sales tax amount will be collected.

Mr. Johnson stated that another number that needs to be included on the ballot is the dollar amount of the annual tax increase, based on what is expected the tax will produce the first year; he noted that if the tax produces more than the amount listed, under Amendment #1, we would have to give the excess back to the voters or get voter approval to keep it. After calculating the estimated population growth rate for 1997, based on 1996 population growth figures, and adding a 5% contingency, it was decided to list $9,800,000 on the ballot; Ms. Hehn requested Mr. Bell to discuss this amount with the Budget Manager Bob Keister and Ms. Block before it is included on the ballot.

4. UPDATE ON WILDFIRE MITIGATION PROGRAMS: Mr. Farmer provided an update for the Board on wildfire mitigation programs, noting that two public meetings have been held in Rist Canyon and Glacier View to discuss recommendations for improving wildfire safety, and three more meetings are scheduled to be held in Estes Park on September 19, Crystal Lakes on September 24, and in the Commissioner's Hearing Room on October 1, 1996. Mr. Farmer informed the Board that a Wildfire Mitigation Task Force is being formed to assist in drafting a final set of recommendations and their goal is to have the final draft completed and presented to the Board by mid-December. Commissioner Disney suggested to Mr. Farmer that he prepare a handout to be given to the attendees at these meetings showing a breakdown of the cost of previous fires so they will realize how much they cost the taxpayers; for instance, the Pingree Park Fire cost $1.5 million for suppression and between $2.3 and $3 million for reconstruction. Mr. Farmer concurred this is a good idea and he will prepare a handout; he noted that one thing he tries to emphasize at these meetings is that Larimer County is trying to be pro-active with these regulations.

5. APPOINTMENTS TO THE LARIMER COUNTY ENVIRONMENTAL ADVISORY BOARD: Commissioner Disney noted that he and Doug Ryan, Environmental Health Planner, conducted the interviews for the Environmental Advisory Board and are recommending the following appointments, in addition to the recommendations made by the City of Loveland

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint the following to the Larimer County Environmental Advisory Board, as recommended by the Loveland City Council: Patricia Spaine as regular member and Sean Muller as alternate, terms to expire December 31, 1996; Sean Muller as full member and Sheila Richart, as alternate, terms to expire June 30, 1999; and appoint Karen Wagner and reappoint Chris Lembcke, each to a three-year term ending June 30, 1999, as recommended by Commissioner Disney and Doug Ryan.

Motion carried 3 - 0.

6. WORKSESSION:

-- Request for Truck Donation from the Livermore Fire Department: Mr. Gluckman noted that the Livermore Fire Department has requested the donation of one of two 4-wheel drive 1991 Jeep Cherokees being sent to auction from the Planning Department; he noted that this fire department is totally volunteer, they do not receive any funding from tax dollars and are totally supported by donations. This vehicle would be used strictly for emergency purposes. Discussion followed and the Board indicated they would like to do this; however, before giving approval, they would like more information from the Budget Manager regarding who is planning on the dollars from the auction sale.

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

7. LEGAL MATTERS:

At this time, County Attorney George Hass returned to the meeting, and Assistant County Attorney Jeannine Haag, joined the meeting for Legal Matters.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:25 a.m. to discussion legal negotiations.

Motion carried 3 - 0.

The Executive Session ended at 11:40 a.m.; no action taken.

At this time, Commissioner Disney left Administrative Matters to attend the Upper Front Range Transportation Planning Meeting in Greeley, Colorado.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of August 26, 1996, as submitted. Approval of the Minutes for the week of August 12, 1996 will be deferred until the Findings and Resolution for the White Buffalo liquor license renewal are prepared by the County Attorney to insure that the motion and the resolution read the same.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of September 9, 1996, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for September 4, 1996:

MISCELLANEOUS DOCUMENTS: Venner Ranch Estates Amended Plat and the Colland Center Third Filing Amended Plat. LIQUOR LICENSES: County approval was granted to the Charco Broiler - 6% - Fort Collins, CO.

A96-121 AGREEMENT FOR USE OF COUNTY PROPERTY BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND ROCKY

MOUNTAIN ADVENTURES, INC.

D96-27 DEED OF DEDICATION BY LESTER A. AND CLEORA HODGSON

(Dedication of property for public highway - Project #171 - Overland

Trail)

D96-28 DEED OF DEDICATION BY RAY R. BURGENER (Dedication of

property for public highway - Project #171 - Overland Trail)

R96-131d RESOLUTION CONCERNING LARIMER COUNTY GENERAL

IMPROVEMENT DISTRICT NO. 2 FOR PINEWOOD SPRINGS)

Motion carried 2 - 0.

The meeting adjourned at 11:50 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.