Cirque Meadows by Adam Johnson


MONDAY, MARCH 16, 1998


(#304 @ 300)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Jim Reidhead, Director Rural Land Use Center; Russ Legg, Chief Planner; Keith Schuett and Dan Tasman, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.


01-07-70 AND 02-07-70 - 3/4 MILES TO THE NORTHEAST OF




This is a request for preliminary approval to create two residential sites on one of three parcels of land (100 acres total) owned by the applicants in the foothills at the north end of Horsetooth Reservoir, located in Sections 1 and 2, Township 7, Range 70; approximately 95.4 acres will be left undeveloped via conservation easement in perpetuity and there will be a net decrease of one single-family residential building site for the project. Staff findings are that this proposal is consistent with the policies of the Rural Land Use Process: 1) The 10 single-family resident units possible under the current O-Open zoning of the property, the density of nearby residential development, and the general development pressure within the general immediate area, especially use-by-right 35-acre division of land, support our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) Three significant factors make this project particularly desirable: a) The net decrease of one residential unit (compared to increased density often given as incentives to work with the RLUP); b) The use of a perpetual conservation easement, held by the Larimer Land Trust, to protect the residual land site-based incentives; c) High percentage of the project's land protected as open space (95.4%) compared to the required 67%; 3) RLUC staff supports the Linder/Hirata Preliminary Rural Land Plan based on the applicants' planning and design rationale for the location of the project's residential units, the overall acceptance of the preliminary plat design at the neighborhood meeting, and the potential for continued wildlife habitat and limited agricultural use (grazing) of the residual land. The proposed plan considers the various land development and design options, particularly the 35-acre alternative, for which there is no County review; 4) The plan is compatible with the existing neighboring land use; 5) A RLUP final fee of $600 will be collected for each new dwelling unit constructed at the time of building permit issuance; a note to this effect to be placed on the plat; 6) The Planning staff expressed appropriate concerns regarding this project's TDU-like characteristics, specifically inquiring about the standards of review. The RLUP was designed as a highly-interactive, negotiated, descriptive (rather than prescriptive) process. These concerns will be addressed as the PLUS code, currently being written, is developed and refined. With these concerns in mind, the RLUC Director and Advisory Board believe that the Linder/Hirata RLUP project is in keeping with both the spirit and letter of the RLUP with commensurate benefits to both the landowners, the neighborhood, and the citizens of Larimer County; 7) Preliminary soil testing, as required by the Health Department, has been completed. The soils at both residential sites have been determined to be adequate for on-site residential septic systems.

The Rural Land Use Center Director and the Advisory Board recommend that the Board of County Commissioners approve the Linder/Hirata Preliminary Rural Land Plan. The following contingencies must be met prior to approval of Final Plat by the Board of County Commissioners: 1) Approval of final engineering designs, including design of utilities, roads, ROW dedication, and stormwater plan, before Final Plat submittal; 2) Preliminary soil testing to demonstrate soil suitability for on-site septic systems; 3) Conservation easement and management plan review and approval before Final Plat; 4) Review and approval of final development agreement by County Attorney; 5) Note on Final Plat indicating the on-going operation of the Horsetooth Sports Cycle Park on CR 25G and that there will be traffic, dust, and noise associated with the facility; 6) The following notes shall also be included on the Final Plat: a) Mosquitoes: The County does not have a mosquito control program; any spraying or other control will be the responsibility of the property owners; b) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available. The County does not perform prairie dog control but can advise owners on how to obtain the services of licensed firms that do; it does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; c) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust; these are a normal part of agriculture and should be expected to occur; d) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture; e) Engineering footing and foundations shall be required on all structures; f) The results of a radon detection test conducted in new dwellings, once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt for a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; g) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; h) Park fees shall be paid at the time of building permit issuance; i) RLUP fees shall be paid at the time of building permit issuance; j) A fire hydrant with a minimum fire flow of 500 gallons per minute from a sustainable water supply on a minimum 6-inch waterline or fire sprinkling of the homes is required by the Poudre Fire Authority. The selected method of fire protection shall be adequately indicated on the Final Plat; 7) Homeowners' covenants, including architectural controls, will be reviewed prior to final approval; 8) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 9) Owner or real estate professional shall provide purchasers of residential lots and the farm with "Code of the West" at the time of real estate closing.







This is a request for Special Review and a Site Specific Development Plan to construct and operate a quarry and processing facility in the O-Open Zone District. Staff findings include: 1) The proposal is in compliance with the intent and purposes of the Comprehensive Zoning Resolution; the Zoning Resolution identifies mining and quarrying as uses allowed by Special Review in the O-Open Zoned District; 2) The proposal complies with the intent and purposes of the Comprehensive Master Plan. The applicant has demonstrated the ability to provide adequate services and demonstrated that the proposed intensity of the use is appropriate to the location. The proposed development is retaining the open rural character of the area and avoids hazard areas to the greatest extent possible; 3) With the attached conditions and standards, the proposal will have the least effect on the surrounding area; 4) The proposal will not impair the public health, welfare, prosperity, and safety of the area by not creating undesirable traffic congestion, unreasonable sanitary conditions, over burdening of utility, or any unforeseen environmental influences in this area; 5) The LaPorte Area Planning and Advisory Committee reviewed this proposal on November 18, 1997 and found no notable objections, and voted unanimously to recommend approval of the project.

The Planning Commission/Staff recommendation is for approval of the Brownstone Quarry Special Review with the following conditions: 1) Development and uses within the Special Review area shall be limited to only those uses described in the application materials, and shown on the application site plan, except as modified by the following conditions; 2) The hours of operation shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 3) There shall be no blasting at any time; 4) Where possible, the reclamation shall be accomplished in a phased manner, concurrent with the mining operation; 5) Within 30 days after the date of approval by the Board of County Commissioners, the perimeters of the quarry area, as shown on the mining plan, shall be prominently posted with permanent identification posts or monuments. The mining activities shall not occur outside the posted area (including vehicle storage, maintenance, stockpiles, cutting and processing of materials, rubble piles, and any other associated uses). The Larimer County Planning Department shall be provided with a plan showing the location of each monument with a meets and bounds description, within the same 30-day period; 6) Should the mining activity still be active January 1, 2037, the Board of County Commissioners shall review and update the conditions approved for the special review. The Board of County Commissioners' review may include additions, deletions, and modifications of the conditions as necessary to protect the health, safety and welfare of the citizens of Larimer County; this review shall be completed in 25-year intervals thereafter. The quarry operator shall submit the following information by July 1 of the year that the review is to be completed: A) A current site plan of the quarry; the site plan could be similar to those submitted as part of the Special Review application. The site plan should clearly show: a) The property boundaries; b) The location of the permanent identification posts that were to be placed on the perimeter of the quarry area; c) Current approved mining boundaries; d) Current and old mining areas with acreage; e) Storage and loading areas; f) Processing areas and any structures or improvements on the property; and B) A narrative that describes your current operation and any reclamation efforts that have been completed; 7) Prior to the issuance of building permits for any buildings on site, building plans and fire prevention plans, such as water supply for fire fighting, shall be reviewed and approved in writing by the Poudre Fire Authority; 8) No materials shall be sold from the Special Review site; 9) Materials shall not be removed from the top of the hogback; 10) Prior to the start of excavation, a report shall be submitted to the Larimer County Planning Department, prepared by a registered professional engineer knowledgeable about soil and rock stability demonstrating that the 12-foot wide wall at the top of the hogback that is proposed will be stable and will not degrade and become a public health hazard. Should the engineering report indicate that a wall wider than 12' be necessary for public safety, the wider wall shall be maintained; 11) The maximum number of trips or trucks hauling material from the sight shall not exceed two per day. Should this traffic increase, the need for contribution to road improvements to County Road 56 shall be re-evaluated by the Larimer County Engineering Department; 12) The proposed quarry shall not exceed the limits on the visual dust emissions contained in the Colorado Departments of Health and Environment that apply to the working face, the processing areas, and the on-site haul roads; 13) Stormwater runoff contacting the mining operations shall not leave the site; 14) Heavy equipment maintenance, including oil changes shall be done off site; 15) The proposed fuel tanks shall be bermed to contain spills and leaks in accordance with the requirements of the Larimer County Health Department; 16) The mining operation shall comply with the Larimer County Noise Ordinance; 17) The portable chemical toilets shall be adequately maintained at all times as to not create a public health nuisance; 18) Existing junk or existing junk piles located on the 9.8 acre Special Review site shall be removed from the immediate area of excavation and properly recycled or disposed of.







This is a request to amend the Plat of Crestview 3rd, Lot 1 and Crestview 2nd, Lot 23 to adjust the lot lines and add a 10-foot utility easement and add a 5-foot sanitary sewer easement. Staff findings are: 1) Crestview Subdivision was platted in 1951; 2) The lots configuration established at the time that the property was platted does not always meet the needs of the property owners; 3) The Larimer County Health Department, Larimer County Engineering Department, and all utilities serving the area reviewed the proposed Amended Plat and the new utility easements and stated no objections; 4) The new utility easements will allow access to the existing utilities and sufficient area for any new utilities that may be necessary in the future. The staff recommendation is to approve the Amended Plat of Crestview 3rd Lot 1 and Crestview 2nd, Lot 23 to adjust the lot lines and add a 10-foot utility easement and add a 5-foot sanitary sewer easement.


Commissioner Clarke moved that the Board of County Commissioners adopt the Rural Land Use Center Director and Advisory Board/Planning Commission/Staff recommendations and approve the Linder/Hirata Project Preliminary Rural Land Plan (#98-EX1183); Brownstone Quarry Special Review (#97-ZR1066); and the Crestview Subdivision 3rd Filing, Lot 1 and 2nd Filing, Lot 23 Amended Plat (#98-SA1192); each, with the conditions as outlined.

Motion carried 3 - 0.



Mr. Legg stated that the purpose of today's meeting with the Board is for them to consider making a recommendation of the Fossil Creek Reservoir Area Plan to the Larimer County Planning Commission who will consider that recommendation on Wednesday night of this week; he informed the Board that tomorrow night the Fort Collins City Council will consider the same recommendation and make their decision, which will be forwarded to the Larimer County Planning Commission. Mr. Legg noted that this procedure is being followed according to Colorado Statute which states that the Planning Commission is the adopting body of a land use plan. Mr. Legg continued that on March 23, 1998, the Board of County Commissioners will have another hearing to consider adoption of the implementation document for the Fossil Creek Area Plan.

Mr. Legg briefly reviewed the basics of the Fossil Creek Reservoir Area Plan; he noted that the planning process for this Plan has been ongoing for over two years with many public hearings being held and over the past few months, the City and County staff have received many comments on the Plan and each of those comments was recorded in a "listening log". Mr. Legg stated that the staff responded to some of the comments and recommended changes to the draft document, which he reviewed in detail and are summarized as follows: LAND USE: 1) Appendix I of the IGA should be amended to include the range of .5 - 2 dwellings per acre in the Estate Residential Area; 2) Chapter 4 of the Plan and Appendix I of the IGA should be amended to require that development plans in the Resource Management Area cluster their dwelling units on 20% of the land with the residual parcel designated as permanent open space; 3) Change the label on the Environmental Assessment map from "Severe Geological Limitation on Development" to "Geological Report Required". Add descriptive text to Chapter 4 of the Plan in regard to the purpose and intent of the Report; 4) Change the label on the Land Use Framework Plan map from "Master Plan Required" to "Unified Development Plan Needed". Add additional text to Chapter 6 of the Plan, clarifying the purpose and intent of the "Unified Development Plan"; 5) Amend the Land Use Framework Plan map to change the parcel located on the northwest corner of Trilby Road and Timberline Road from Estate Residential to Mixed Use Neighborhood; 6) Amend the Land Use Framework Plan map in regards to the Kechter Family property by redesignating the most northerly 1/8 mile portion of their property currently designated as Estate Residential to Mixed-Use Neighborhood; 7) Support the property owners' (Doug Hansen) request to place the Neighborhood Commercial Center and Medium Density Mixed-Use Neighborhood on the Land Use Framework Plan map and maintain these designations on the City Structure Plan. However, the City and County should table the change to the Fossil Creek Area Reservoir Plan, make no change to the City Structure Plan, and proceed with the adoption of the rest of the Plan without a final decision on this particular issue, until additional opportunity for public notification of this change is provided. This request should be brought back as quickly as possible to the City and County for approval as an amendment to the Plan; 8) Add descriptive text to the Plan in regard to the purpose and intent of the mix of densities in the Study Area and describe how compatibility between higher and lower density residential projects will be addressed; 9) Amend the Plan and IGA in regards to the Transfer of Development Units Program as follows: a) Add to Section 2.1 of the Plan document, Development Concepts Overview, page 6, an additional objective in regard to the Plan providing for a transfer of development units program; b) Add new descriptive text to the Plan describing the general format for a TDU program in the Fossil Creek Reservoir area; c) Add new text which generally describes the Sending and Receiving areas to page 13 of the Plan document under Special Area Designations; d) Reword item 7 on page 34 of the Plan document and replace it with more descriptive text; e) Delete Table 6.1 of the Plan document, page 35; f) Delete the Transfer of Development Units Map from the Plan document and instead show Receiving and Sending Areas only within the confines of the Fossil Creek Reservoir planning area. Sending areas outside the Fossil Creek Reservoir planning area will be adopted and mapped separately as part of the TDU regulation; g) Change Appendix C, page 57 of the Plan document TDU program and overlay zoning district to a 6-month time line; h) Amend the TDU Sending/Receiving Areas map to include the properties on the northwest corner of CR32 and I-25; i) Amend the IGA to allow annexation in the receiving area (south of CR36 and east of Timberline Road) only if the County requests it. This wording should be a "place holder" until more detailed discussions between detailed discussions between the City and County occur in regard to the developing TDU program.

TRANSPORTATION: 10) Add clarifying language to the Land Use Framework Plan Map, Transportation Plan map and Plan in regard to the location of recommended local, collector and connector streets being "conceptual"; 11) Add some additional potential street connections through the property south of Preston JHS; 12) Amend the Transportation Plan map to include a Feeder Transit route along Timberline Road and Trilby Road as shown on the City Structure Plan; 13) Amend the Transportation Plan and Land Use Framework Plan maps realigning the local street along the south portion of Homestead Estates at least one or two lot widths to the south, and realigning the north/south local street to connect into the eastern most, vacant parcel of Homestead Estates; 14) Amend the Transportation Plan and Land Use Framework Plan map realigning the frontage road located at the northwest corner of CR32 and I-25, further to the west.

RESOURCE MANAGEMENT AREA/NATURAL AREAS AND FEATURES: 15) Add clarifying text to the Plan and IGA in regards to the measurement of the 1/4 mile boundary line of the Resource Management Plan Area from the property line of the Poudre Irrigation Company (which is approximately 50 feet above the high water line of the reservoir); 16) Change the color of the Resource Management Area from green to non-green on the Implementation Plan map. Add clarifying language to Chapters 2 and 4 of the Plan in regards to: a) The objective is to maintain a continuous, average 1/4 open land buffer, with no new development around the Reservoir; b) That regulation alone will not keep the area "open". A combination of tools will need to be used; c) A description of the land uses that would be permitted in the Resource Management Area; 17) Amend the Land Use Framework Plan map and City Structure Plan to include a "green corridor" along the streambed/drainageway which crosses County Road 36. New text should be added to Chapter 4 of the Plan which describes the green corridor; 18) Update all maps to accurately show the size and shape of water bodies, specifically the land bridge in the Fossil Creek Reservoir; 19) Add descriptive text to Chapter 6 of the Plan in regards to the purpose, intent and process of establishing the Cooperative Planning Area; 20) City and County staff should begin immediately to prepare an "overlay zone" for the area surrounding the Reservoir located outside the proposed urban growth area, and apply the Resource Management Area requirements and the Natural Areas and Features standards to this overlay zone; 21) Add descriptive text to Chapters 3 and/or 4 of the Plan in regard to the reasoning for the alignment of the bikeway trail located between Trilby Road and CR32; 22) Amend the Land Use Framework Plan map and Transportation Plan map realigning the bikeway trail further away from the east edge of the Reservoir and spillway.

Mr. Legg noted that the Plan outlines the proposed densities and land uses that would occur in the Fossil Creek Area, and contains two fundamental principles: 1) Urban densities would occur where they are appropriate and adjacent to the community in a compatible nature with the urban development that is occurring inside the City limits adjacent to this area and 2) Preservation of the Fossil Creek Reservoir. Mr. Legg reviewed in detail the land use elements of the Plan and he recommended that the Board of County Commissioners recommend to the Planning Commission adoption of the Fossil Creek Reservoir Area Plan and the recommended changes as outlined above.

Questions from the Board for additional clarification regarding some of the recommended changes and discussion followed; Commissioner Clarke asked if a statement regarding the County's position on property rights is to be included in the objectives of the Executive Summary. Mr. Legg responded that it has been included in the objectives in the PLUS Master Plan and will be in the Executive Summary. Commissioner Disney expressed appreciation to the staff from the City of Fort Collins, the Larimer County staff, the many citizens who commented, the many entities who reviewed the Plan, the developer, and the property owners in the area who worked so hard over a long period of time on the Fossil Creek Reservoir Area Plan. Commissioner Clarke noted that Larimer County and the City of Fort Collins have worked together on this Plan and he expressed appreciation to the work Commissioner Disney has done in working with the members of the Growth Management Committee; he discussed the recommended changes suggested by staff and reiterated that these were changes brought about as a result of public input and he expressed appreciation to the staff as they have listened and tried to respond to those comments. Commissioner Clarke expressed one concern that there is a move by the Poudre School District to buy land on the south side of the reservoir that currently belongs to the State Land Board for construction of schools; he stated that, in his opinion, this is not appropriate and he appreciates the City's support through the Natural Resources Board for trying to keep that area for the passive kind of park uses which have been identified. Commissioner Clarke stated that the TDU (Transferable Development Units) Program is available for anyone to review and he noted that a lot of this plan depends on what we do with TDU's. Chair Olson also expressed her appreciation to Mr. Legg and to everyone who has worked extremely hard on this Plan and she thinks this is a Plan that is doing its best to protect the property owners and looks to the future.


Commissioner Disney moved that the Board of County Commissioners recommend to the Larimer County Planning Commission the adoption of the Fossil Creek Reservoir Area Plan (#98-RL1169), with the changes as outlined above.

Motion carried 3 - 0.

Mr. Legg noted for the record that this recommendation to the Planning Commission is identical to the recommendation that the Fort Collins Planning and Zoning Board made to Council.


AND AMENDED PLAT OF LOTS 14, 15, 16 AND 52; 25-06-69; 98 ACRES;


This is a request to amend the terms and conditions of the Vista View Estates Planned Unit Development to change the 1/3 brick facing requirement, revise the landscape plan, add a screening fence on 57th Street, add a playground and 1/2 basketball court, eliminate the bus shelter, and amend the plat of Lots 14, 15 and 16 to correct a surveying error and amend the plat of Lot 52 to make the setback on the south lot line 6'. Mr. Tasman described the request and reviewed the major issues and concerns; he reviewed the existing requirements and proposed amendments. With regard to the brick siding requirement, Mr. Tasman noted that the developer is requesting that the condition be amended so that only 25% of the front of each residence and a 4' wainscot on the sides have a brick or stone appearance. Mr. Tasman also noted that one additional change being requested to the landscaping condition is that the landscape plan be amended so that instead of turf grass, in a certain defined area north and east of the trail in the park, the area be planted with dryland seed mix. In summary, Mr. Tasman stated that the staff recommendation is for approval of the proposed amendments except for the requests to modify the brick siding requirement and the addition of the architectural fence.

Staff findings include: 1) Vista View Estates PUD was approved on June 27, 1994, with an amendment to the conditions on July 22, 1996; 2) The 1/3 brick facing requirement was negotiated between the County and the developer, and evidence has not been presented to justify modification of this amendment; 3) The proposed landscaping changes will not reduce the amount or quality of landscaping in Vista View Estates; 4) The addition of an architectural fence along East 57th Street will create an isolated pocket of open space, causing it to serve as a private backyard extension rather than as an open area for the enjoyment of all residents in Vista View Estates; 5) The school district has not committed to a school bus stop at the location indicated on the Final Plat of Vista View Estates, and has stated that the shelter is not required. However, a light is recommended to ensure the safety of students at the stop in the morning; 6) The Amended Plat of Lots 14, 15 and 16 will correct surveying errors, and will not result in a change of density, number of lots and lot configuration in Vista View Estates; 7) The Amended Plat of Lot 52 will not result in a change of density, number of lots, and lot configuration in Vista View Estates.

John Barnett, representing the applicant, submitted a booklet showing photo comparisons of brick applications; he noted that the applicant is not looking for brick or stone appearance, but for brick or stone either as a structure element or as a veneer. Mr. Barnett introduced the development team and briefly reviewed the history of Vista View Estates; he cited the problems in this development, including an imposed building permit hold, and then in March '97 the project was acquired by Willowood Corporation and since that time many advances and improvements have been made to the development. Mr. Barnett informed the Board that because of so much distrust by the homeowners of the previous developer, there is probably more County oversight on this project than any other similar project in the County; he stated that the 1/3 brick and stone requirement is the most restrictive requirement he is aware of anywhere in the County and it stems directly from the mistrust of the first development team and has caused a hardship and financial burden resulting in a slow-moving project. Mr. Barnett stated that the developer has agreed to the changes to the landscape plan in order to lower the maintenance costs, which is the obligation of the homeowners association; he noted that they would like to add a 5 ft. architectural fence along 57th Street to screen the homes as much as possible. Mr. Barnett stated that the addition of the playground and half basketball court will increase the costs of the development over and above the original estimate and he noted that they agree with staff on the dryland grasses. Mr. Barnett did request a change asking that builders who acquire a significant number of lots be allowed to construct a model home for use as a marketing tool; he noted that this is not in conformance with the condition as originally approved by the Commissioners, but they think it is important and will not have an adverse effect on the neighborhood.

Questions from the Board and discussion followed; Commissioner Clarke requested clarification regarding the architectural fence. Mr. Tasman stated that, if the fence is built, he would like to see an opening in the fence about 10 ft. to the east of property line of Lot 58 to about 10 ft. west of the property line of Lot 65; he noted that property owners adjacent to the open space can put up a fence to provide privacy and for clarification of the fencing requirement, he read from the restrictive covenants for Vista View Estates: "Privacy and other fences shall not exceed 6 ft. in height and shall be cedar split rail or other attractive wooden fence". Mr. Barnett noted that in the future there will also be a sidewalk along 57th Street. Mr. Barnett reviewed the booklet containing the photographic evidence of different percentages of brick on homes and noted that they are not asking for elimination of the brick and not for something that is sub-standard.

Mr. Tasman stated that with regard to the real estate offices, in the original Findings and Resolution it reads: "An on-site sales office may be allowed within one of the residential units within the project for the purpose of selling lots or homes within the project through 75% buildout of the development"; he noted that Mr. Barnett is requesting a change to allow additional sales offices or modular building to be used as a sales office.

At this time the public comment portion of the hearing was opened; Sandi Gleich, resident of Horseshoe View Estates, submitted and reviewed a handout containing Minutes of previous Planning Commission and Board of County Commissioner meetings, letters, memoranda, a Statement of Planning Objectives from City Scape Urban Design, and a list of questions she would like answered. Ms. Gleich read aloud her eight questions and voiced her objections to the reduction of any brick, which has been a part of the plan from the early stages, would like to see turf grass remain in the Park, the school bus shelter remain, and she cannot support the fence along 57th Street for many reasons. Ms. Gleich stated that even though the new developer has made some positive additions to this project, like the tot lot and basketball court, she sees other things being taken away from this project; i.e., house sizes reduced, bus shelter eliminated, parks being reduced to more of an open space, number of trees and shrubs being reduced, the bricks being reduced, etc. Ms. Gleich stated that some of the changes being proposed are an insult to all the people who have put in an enormous amount of time and effort to make this a win-win project. Ms. Gleich noted that the request to use dryland seed instead of turf grass was a late request by the developer and asked about the Board's policy in allowing last minute additions or changes to requests. Commissioner Disney responded that last-minute changes to proposals are not uncommon; he noted that often members of the public make requests for changes to a developers' proposal at the public hearing and the Board considers those requests even though they are arguably last minute. It therefore appears appropriate to allow some additional changes by the developer. Ms. Gleich stated that she took a poll in the neighborhood, and 90% of the residents do not trust the developer and she was asked "What good is a plan if you don't stick to it?"

Kathy Kuhlman, resident from Horseshoe View Estates, submitted a packet of information for the Board's review; she noted that the staff report was received on March 9, 1998 but did not include the request to plant dryland seed mix rather than turf grass and it was not part of the developer's formal request nor is it shown on the revised landscape plan and she does not think the Board should take action on this today because it will set a bad example for others to follow. Ms. Kuhlman stated that the main reason the developer wants to change and eliminate things is because he wants to cut costs and there needs to be a detailed analysis done comparing the water and maintenance costs of turf grass versus the dryland grass so an informed decision can be made. Ms. Kuhlman listed all the items contained in the packet and noted that she concurs with staff findings and respectfully requested that the Board deny the request for reduction of the brick siding as it was a negotiated agreement between the homeowners and the developer. With regard to the reduction of trees and shrubs and the addition of willows, Ms. Kuhlman noted that the City of Loveland criticized the original plan for its lack of bushes and now it is being reduced even more; she asked Mr. Barnett if he has considered the height of the trees at maturity so they won't block the view of the mountains. Ms. Kuhlman suggested that if the homeowners want a fence and the developer wants a fence, why not put it on the abutting property line as the developer building the fence would result in a fence of consistent design and material instead of a hodge podge of fences and possibly the expense could be shared. Ms. Kuhlman stated that in a letter from the school district they indicated that the school bus shelter should be located along Tract A near Monroe and Snowpeak Court; however, she noted that they don't have the legal authority to require a shelter, only the County Commissioners have that authority and it was imposed as a condition. Ms. Kuhlman stated that currently the school bus is stopping partially in the 4-way intersection of 57th and Monroe to load and unload children and, as a result, traffic is tied up in all directions during peak traffic hours. Ms. Kuhlman expressed to the Board that she has been extremely impressed with Mr. Tasman as he has been most cooperative and prepared regarding matters she requested when she met with him. Ms. Kuhlman asked, "If something is imposed as a condition, is not the process for changing that to come back before the Commissioners in a public hearing?" Ms. Haag responded that conditions of approval generally do have to come back to the Commissioners and go through the public hearing process; however, in some instances there are some minor things that can be taken care of administratively.

Other persons addressing the Board today were: Eric Shane, Leland Kailer, Paul Bonomo, Doug Michelson, and Dan Haynes. Mr. Shane stated that at the homeowner's association meeting, the dryland grass issue was presented to them as an opportunity to maintain their annual fee at the status quo versus increasing it by $100; with regard to the fence along 57th Street, he stated that he is in support of it because of the safety it will provide for his children and he would like for his children to be able to use the area that he is expected to maintain. Mr. Kailer stated that he would like to see the project move forward and he thinks the developer is doing a good job. Mr. Bonomo, resident from Horseshoe Estates since 1976, stated that he is against the request to reduce the brick, reduce the number of shrubs, and removal of the bus shelter; he noted that if these requests are approved, the Board will be inundated with requests from other developers in Larimer County so they can increase their profit. Mr. Michelson stated that he supports the construction of the architectural fence because of the safety it will provide for the children. Mr. Haynes stated that he also supports the fence along 57th Street.

Marc Palkowitsh, developer, stated that they are requesting these items because they feel they are in the best interests of the builders and homeowners; he noted that the request for the reduction in brick was requested by the home builders so they can be competitive with other communities and subdivisions in the area and if they can save the $4,000 to $6,000 per home with reduction in exterior brick, it will allow them to put more square footage and more amenities in the house and turn out a better product. Mr. Palkowitsh informed the Board that they have increased the square footage in their homes and are obligating their builders to build larger homes; he noted that they didn't have to do that and they have met with the homeowners and tried to do the things they asked them to do in exchange for some of the things they are requesting today. Mr. Palkowitsh stated that when they reviewed the HOA documents, they indicated that when the project is finished, the developer will put $5,000 in escrow and they have tripled that amount to put in playground equipment. Mr. Palkowitsch stated that the changes being requested in the grass and landscaping are because of cost; he noted that when they took over this project, they were assured that the maximum expenditure for the homeowners would be $280 per year. However, after a years experience in the association, Mr. Palkowitsch stated that they have determined that the $280 is an impossibility for maintenance of the landscaping and, even though he appreciates the comments from the homeowners in Horseshoe Estates, they aren't contributing to the cost of maintenance of the open space; he noted that the cost of the landscaping and lighting for the school bus is borne by the homeowner's association. With regard to the request for additional sales offices, Mr. Palkowitsch stated that when you have multiple builders in a subdivision, it is very difficult to expect those builders to operate out of one common sales center. Mr. Palkowitsch explained that one element that hasn't been discussed is that 57th Street has an elevation of 5,033 ft. and the backyards are at 5,029 ft. and the fence will provide adequate buffering; Mr. Palkowitsch noted that there is a lot of work to do on 57th Street and just the accel and decel lanes they are going to install will cost a quarter of a million dollars and they agreed in advance to fund those improvements. Mr. Palkowitsch discussed the drainage issues and noted that they have spent over $30,000 just in extending drainage pipes. In conclusion, Mr. Palkowitsch stated that they took over this project and tried to turn this undesirable situation around and he requested support from the Board.

There was much discussion regarding the location of the light for the school bus stop; Commissioner Clarke read from comments received from the Thompson R2-J School District in which they say they do not want to pick up students along 57th because of the narrowness and high traffic level; they continued that the pick up point should be along Tract A located at Monroe and Snowpeak. Mr. Palkowitsch stated that he would be happy to put in a light wherever the school district requests it.

Mr. Sheldon asked about the intent for maintenance of the willow plantings as he is concerned about capacity in the detention area; Mr. Barnett responded that the proper maintenance of a wetland type environment would be to strip the willows and sod and excavate.

Based on some of the public testimony heard, Mr. Tasman offered some additional conditions of approval, rewording of one, and recommended an amendment to the original Findings and Resolution to accommodate a request of the applicant.

At this time the public comment portion of the hearing was closed and opened for Commissioners' comments: Commissioner Clarke stated that with regard to the brick siding, he has been impressed with the fact that if the amount of brick is reduced, the developer can put more into the homes and the developer is only asking that the brick and/or stone be modified, not eliminated. Commissioner Clarke continued that he has no problem with the reduction of trees, and in his opinion, there should be one model home/sales office allowed per builder because they do go away; with regard to the fence, he asked if the requirement of open space in this development was to benefit the people that live in the subdivision or for the general public? Commissioner Disney stated that the 1/3 brick condition was put in to protect the property values of the adjacent subdivision; however, after looking at the pictures in the booklet submitted, he noted that there is not much difference between 1/3 and 25% brick and he doesn't think this reduction will devalue the properties. Commissioner Disney continued that he agrees with the change in the landscaping requirement, but he does have some concern with the architectural fence because it will result in double fencing; and he noted that he has no problem going with the dryland seed mix because from an environmental standpoint, anything we can do to save water is a good idea. In the essence of time, Chair Olson stated that she concurs with everything her fellow Commissioners have stated.

After lengthy discussion, the staff recommendation for approval of the Vista View Estates Amended Planned Unit Development and Amended Plat of Lots 14, 15, 16 and 52 was amended as follows: 1) Approval of the request to modify the brick siding requirement to reduce the siding from 1/3 to 25% on the front, with a 4' wainscot on the sides; 2) Approval of the request to reduce the number of trees from 256 to 226, the number of shrubs from 90 to 58, and the addition of 150 live willow stakes, as shown on the landscape plan; 3) Approval of the request to add the architectural fence; 4) Approval of the request to remove provisions for a school bus shelter; however, an overhead light must be located at the school bus stop to provide for the safety of students waiting for the school bus at dawn and dusk and if an existing light does not serve the intended purpose, it must be relocated and/or redesigned. The design of the overhead light will be decided by the Vista View PUD Architectural Review Board, and its location agreed upon by the Thompson School District and the Larimer County Engineering Department; 5) Approval of the request to add a playground and 1/2 basketball court, with the following conditions: The Vista View Estates HOA will pay for the costs of maintaining the playground and basketball court. The playground and basketball court shall be kept in a clean, safe and usable condition at all times. Any damage or vandalism to the facilities shall be repaired immediately; 6) Plat notes for the replat of Lots 14, 15, and 16, shall be consistent with the plat notes of the approved Vista View Estates PUD and all amendments; 7) Approval of the replat and change in the building envelope for Lot 52, to allow a minimum setback of 6' from the south lot line adjacent to Lot 53; 8) All changes in covenants, conditions and restrictions must be consistent with the final adopted plan for Vista View Estates and all amendments; 9) Revision of the condition in the original Findings and Resolution approved in '94 allowing an on-site sales office within one of the residential units within the project to read that up to four sales offices in model homes may be allowed within the project for the purpose of selling homes in the development, and the elimination of any wording referring to location of the homes; 10) The open play area north and east of the trail will be planted with dryland seed mix, and the area south and west of the trail will be planted in turf grass; after 75% buildout of the development, the homeowners association shall decide if the entire play area will be planted in turf grass.


Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and amended staff recommendation for the Vista View Estates Amended Planned Unit Development and Amended Plat of Lots 14, 15, 16 & 52, with the conditions as amended and outlined.

Motion carried 3 - 0.

The hearing adjourned at 6:15 p.m.




The Board of County Commissioners meet at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided; Commissioners Clarke and Disney were present. Also present were: Carl Daniel, Fair Board Member; Dick Fletcher, Lory State Park Manager; Daryl Burkhard, Parks Resource Specialist; Andy Paratore, Director of Information Management; Gary Janezich, Information Management Business Manager; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Vicki McLane and Susan Syzmanski addressed the Board during open session for public comment. Commissioner Disney introduced Ms. McLane as a member of the Northern Colorado Transportation and Air Quality Planning Council which he serves on. Ms. McLane stated that she had two issues to discuss with the Board this morning; the first being that she would like to organize a committee to help provide transportation for people who live in rural areas and have no means of getting to work. Ms. McLane stated that she would like to include people from Community Services and from the various transportation providers, including the Poudre School District, to help find an answer to this problem; she noted that it might be possible to have the individual needing transportation, ride the school bus to a school district, then switch to a Transfort bus to complete the journey to work. The Commissioners indicated their support of this project and suggested that Ms. McLane involve someone who is knowledgeable in the insurance arena, in case there is a liability issue, etc. Mr. Lancaster noted that the schools might very well be interested in participating in this type of project as this could provide more hours for their bus drivers.

Ms. McLane also informed the Board that the Colorado Department of Transportation (CDOT) designated a total of $81,996,000 for highway/interchange improvements at I-25 and State Highway 14, I-25 and State Highway 392, I-25 and State Highway 34, and I-25 and State Highway 68; she noted that CDOT had identified 28 projects as part of the Strategic Transportation Project Improvement Program and the I-25 corridor was part of the plan. Ms. McLane stated that after reviewing the plan, CDOT realized that the interchanges mentioned above should be included and funded; she also noted that the improvements are currently scheduled to begin between 2005 and 2010. Ms. McLane stated that the Planning Council will start working on a prototype design for the interchanges in order to be able to submit a plan and possibly have the funding dates moved up so the improvements can begin earlier than the currently projected dates. Ms. McLane also wanted to be sure that credit was given to Transportation Commissioner Nancy Brigden for her efforts in ensuring the interchanges included in CDOT's strategic plan.

2. PRO RODEO PRESENTATION: Mr. Daniel presented the Commissioners with three awards and thanked them on behalf of the Larimer County Rodeo Committee and Fair Board. Mr. Daniel explained the awards were from the, Professional Rodeo Cowboys Association, the Women's Professional Rodeo Association, and the Larimer County Fair Board, in recognition of fifty years of contributions and commitment to the sport of professional rodeo.


Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 9, 1998. (Chair Olson did not participate as she was out of town during that week.)

Motion carried 2-0.



Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of March 23, 1998.

Motion carried 3-0.



Commissioner Disney moved for approval of the following documents as listed on the consent agenda on document review for March 17, 1998:

APPOINTMENTS TO THE COMMUNITY CORRECTIONS ADVISORY BOARD: The following were appointed to the Community Corrections Advisory Board for a two year term effective March 17, 1998 through June 30, 2000: Lawrence Little Thunder, Barry T. Gentry, Steven G. Helmericks, Ph.D., and Paul Cooper.

Commissioner Disney noted that there would be one more appointment to the Community Corrections Advisory Board and that it would be a member of the Employment and Training Services Department.

APPOINTMENTS TO THE YOUTH SERVICES BUREAU ADVISORY BOARD: The following were appointed to the Youth Services Bureau Advisory Board for a two year term effective March 17, 1998 through June 30, 2000: Marcia McConnell Ranch, Mack Green, Ruth A. Herickhoff, and Michael Hall.

MISCELLANEOUS: 1998-99 Core Service Program Plan; 1998 Summer Youth Program; Crystal Lakes 4th Filing Lot 4, 5th Filing Lot 25 AP, Crystal Lakes 6th Filing Lots 111 & 112 Amended Plat. LIQUOR LICENSES: County approval was granted to: Aspen Lodge - 6% Estes Park, CO; Red Feather Lakes Property Owners - 3.2% Special Events Permit - Red Feather Lakes, CO; and Dorothy's Catering - 3.2% - Loveland, CO. Licenses were issued to: Glen Haven General Store - 3.2% - Glen Haven, CO.








Motion carried 3-0.

6. UPDATE ON LORY STATE PARK: Mr. Fletcher stated that he came to introduce himself to the Board and give a brief overview of the programs that are in place at Lory State Park; he noted that they are now working on a complete trails rebuild program and a trails master plan and that he is starting a "Friends of Lory Trails" group help raise awareness of the Park. Mr. Fletcher also stated that construction will begin this May for an environmental education visitor's center which will be located just inside the park entrance and encumber approximately 2000 square feet; it will include administrative offices as well. Mr. Fletcher explained that the visitor's center will be constructed with sandstone and cedar in order to compliment the surroundings and that the center will hopefully be completed by October or November.

7. LETTERS OF SUPPORT FOR STATE LAND BOARD STEWARDSHIP TRUST NOMINATIONS: Ms. Burkhard explained that three County areas are being nominated to be included in the Stewardship Trust for State Land Board Land; these areas included the Twin Sister's State Wildlife Area, the Poudre River Property, and a parcel adjacent to the Pinewood Reservoir. Ms. Burkhard requested the Board's support and signature on the three letters.


Commissioner Disney moved that the Board of County Commissioners approve the letters of support for State Land Board Stewardship Trust Nominations.

Motion carried 3-0.

8. REQUEST TO ADVERTISE AND HIRE A-M FOR IMS POSITIONS IN 1998: Mr. Janezich explained that the Information Management Department was having a difficult time recruiting and maintaining employees; he noted that a big part of the problem is that the salaries for these positions are not competitive enough and that they have implemented a new work approach and some of the turnover could be attributed to it. Mr. Janezich stated that another reason it is very difficult to hire programmers is that a number of companies are contracting them at very high wages to help them solve the year 2000 programming issues that many companies are facing. Mr. Paratore noted they plan to take a different recruiting approach and spend a little more money on advertising which will explain the skill sets they are looking for, the positions that are available, the projects that are being considered, etc.; he noted that they will also be targeting the career centers at the College and using networking (word-of-mouth) to recruit potential employees.


Commissioner Clarke moved that the Board of County Commissioners approve the waiver of policy and allow IMS to advertise and hire at the A-M range for all IMS positions open during 1998.

Motion carried 3-0.


-- Mr. Lancaster asked if the Commissioner's had any issues for the Cabinet Meeting next week. Chair Olson suggested a facilities update and soliciting some feedback on the security move to the main floor.

-- Mr. Lancaster explained that the Bonds (Certificates of Participation) for the Jail and Justice Center are scheduled to be released for public sale on Monday, March 23, 1998, and that a phone call from one of the Commissioners will be required at 7:15 a.m. on that day to authorize the bank to begin selling them; he asked if the Commissioners would rather appoint either himself or Carol Block (Finance Director) to make the phone call for them. The Commissioners agreed that it was something that could be handled either by Mr. Lancaster or Ms. Block.


Commissioner Clarke moved that the Board of County Commissioners appoint Mr. Lancaster and Ms. Block to give formal authorization to the Bank to begin selling the Certificates of Participation for the Jail and Justice Center.

Motion carried 3-0.

Mr. Lancaster also presented the Board with the Municipal Bond Insurance Commitment and the Amendment to the Municipal Bond Insurance Commitment which defines the insurance policy pertaining to the sale of the Bonds.


Commissioner Disney moved that the Board of County Commissioners sign the Municipal Bond Insurance Commitment and the Amendment to Municipal Bond Insurance Commitment.

Motion carried 3-0.


-- Commissioner Disney suggested that it might be a good idea to invite all the past Commissioners to the various ceremonies that will be taking place, i.e. the groundbreaking and opening ceremonies for the Jail and the Justice Center.

-- Commissioner Disney explained that the North Front Range Transportation and Air Quality Planning Council sent a letter to CDOT which explains that there are major discrepancies between the accident reports submitted by CDOT and the State Highway Patrol, and requested that CDOT look at fine tuning the accident reporting systems in order to have accurate data available.

-- Commissioner Disney requested Mr. Lancaster check on a meeting scheduled for March 18, 1998 regarding the forest management plan; he noted that he did not have it on his schedule and wanted to be sure someone from the Agricultural Advisory Board knew about it and maybe have them attend.

-- Chair Olson asked Mr. Lancaster to follow-up with the Public Works Director to ensure that the County has used the Bridge Grant funds for 1997, as the funds will be returned to the State if they have not been accounted for by March 27, 1998.

-- Commissioner Clarke stated that he attended a land use conference and that the TDR process was discussed; he noted that some consultants were leading part of the discussion and from everything he heard, it sounded like the County was on the right track with TDR's. Commissioner Clarke stated that the consultants are eager to work with potential clients to help set up this process, and he it is very encouraging that the County staff was able to put together this program all on their own, which also saved taxpayer dollars.

-- Commissioner Clarke gave a brief update on the status of some of the legislative bills that were being tracked by the Board.

-- Ms. Hart reviewed invitations with the Board.

11. LEGAL MATTERS: County Attorney George Hass and Sheriff Shockley joined the meeting at this time to discuss land acquisitions.


Commissioner Clarke moved that the Board of County Commissioners go into Executive Session to discuss land acquisitions.

Motion carried 3-0.

Meeting adjourned at 11:55; no further action taken.



(#306 @ 500)

The Board of County Commissioners met at 3:00 p.m. for a public hearing to consider granting a tavern liquor license to the American Legion Alonza Martinez Post 187. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present was County Attorney George Hass. Recording Clerk, Sherry Graves.

Mr. Hass noted that this is an application from the American Legion Alonzo Martinez Post 187 for a Tavern Liquor License, located at 1611 E. Lincoln Avenue, Fort Collins, CO. Following a review of the contents of the application by Mr. Hass, applicant Phillip Martinez was sworn in and questioned. Mr. Hass noted for the record that there was no one appearing at today's hearing to voice opposition to the granting of this license.

This matter coming on to be heard this 19th day of March, 1998 as an application from the American Legion Alonzo Martinez Post 187 for a Tavern Liquor License, and the Board of County Commissioners having heard the testimony and evidence has considered same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that said license should be granted. Therefore, it is ordered that a Tavern Liquor License be granted to the American Legion Alonzo Martinez Post 187, located at 1611 E. Lincoln Avenue, Fort Collins, CO. 80524.


Commissioner Disney moved that the Board of County Commissioners approve the application of the American Legion Alonzo Martinez Post 187 for a Tavern Liquor License at the location of 1611 E. Lincoln Avenue, Fort Collins, Colorado in the County of Larimer, and allow the license to be granted.

Motion carried 2- 0.

The hearing adjourned at 2:15 p.m.






( S E A L )



Sherry E. Graves, Deputy County Clerk


Gael M. Cookman, Deputy County Clerk

Background Image: Cirque Meadows by Adam Johnson. All rights reserved.