Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 6, 1998

PRESENTATION BY HEALTH & HUMAN SERVICES RESTRUCTURING

& IMPLEMENTATION TEAM

The Board of County Commissioners met at 10:30 p.m. in regular session to hear a presentation by the Health and Human Services Restructuring and Implementation Team. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Tim O'Neil, Executive Director of Foothills Gateway; Carol Plock, Executive Director of the Poudre Health Services District; Carl Pedersen, Executive Director of United Way Loveland, Berthoud, and Estes Park; Lorrie Wolfe, Larimer County Grant Program Coordinator; Kathy Snell, Larimer County Health and Human Services Director; Marty Dwyer, Federation of Families for Children's Mental Health; Ellen Long, Consumer Advocate with the Larimer County Office on Aging Advisory Council; and Laura Larson, Executive Director of the Women's Center. Recording Clerk, Gael Cookman.

Ms. Snell explained the committee has come before the Board today to make recommendations and request funds to help implement the changes they will recommend; she noted that the funds requested will be out of the 1999 budget.

Mr. O'Neil explained the history of the Restructuring Committee as a project that was conceived in 1994 due to HB 94-1005, which required State and Local Governments to engage in assessment and planning that could lead to the restructuring of health and human services. Mr. O'Neil explained that their committee had been actively meeting and collecting data for the past year to put together recommendations for the Board.

Ms. Plock explained their recommendations as a series of system changes in the planning and delivery of health and human which include: enhancing the information and referral system, improving assessment of consumer needs by using a standard minimum or centralized comprehensive assessment, improving agency information sharing, case coordination and improving case coordination, collecting data and evaluating results and conducting community-wide planning. Ms. Plock noted that they intend to form two task forces, with a number of focus groups, in order to assist in achieving the proposed changes. Mr. Pedersen emphasized the fact that the committee will encompass the entire county and that two key factors in making this a success will be monitoring and accountability and their community-wide service plan, which is intended to foster partnerships between all affected parties. Ms. Wolfe re-emphasized the fact that this will be a county-wide effort with the responsibility linked to the citizens involved.

Ms. Long explained that they wish to hire an ombudsman in order to mediate conflicts and to foster open communication; she noted that sometimes consumers are afraid to speak their mind for fear of having their benefits revoked. Ms. Long explained that the ombudsman could be a "go between" who is there to facilitate honest feedback. Ms. Dwyer noted that another area of concern is the fact that diversity affects the consumers and the committee would like to achieve more cultural understanding, offer more bi-lingual services and reduce incidents of real or perceived discrimination.

Ms. Snell concluded that the committee has been working extremely hard and they are ready to on to the next phase which would be to bring on some personnel to be able to help implement their recommendations; she noted that they are requesting the Board to sponsor the next step in implementation and approve the allocation of $25,000 toward the hiring of staff. Ms. Snell also noted that the commitment and funds would be a "challenge" to encourage the rest of the community and affected parties to provide additional funding.

The Commissioner's agreed that the Restructuring Committee had done a great job and complimented their hard work. Commissioner Disney wanted to be sure that the rest of the community would be willing to provide additional funding, as some projects have fallen short when depending upon funds that were not provided. The Commissioner's agreed that it is a good proposal and they would support it if they could afford it; they recommended Ms. Snell meet with the County's Budget Manager, Bob Keister, in order to determine whether or not the $25,000 could be found within the 1999 budget.

Meeting recessed at 11:50 a.m.

LAND-USE PLANNING MEETING

(#314)

The Board of County Commissioners reconvened 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: Jerry White, Right-of-Way Agent; Carol Evans, Keith Schuett, and Dan Tasman, Planners II; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

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

1. COUNTY ROAD 56E - VACATION OF RIGHT OF WAY: SECTION

16-08-68 - BETWEEN I-25 AND COUNTY ROAD 9, 1/2 MILE NORTH OF

COUNTY ROAD 56.

This request is for vacation of 1/2 mile of right-of-way of County Road 56E which has no public purpose. Staff findings include: 1) No objections have been indicated to the request from affected property owners, utility providers, or interested public agencies; 2) Vacation of the right-of-way will not diminish access to other properties in the area; 3) There is no need to maintain this right-of-way in the public ownership. The staff recommendation is for approval of the request to vacate the public right-of-way for County Road 56E as requested, within Section 16-08-68, with the conditions that a corrected legal description be provided by the applicant for the area to be vacated, and that all other existing easements shall remain in place.

2. JONES AMENDED MINOR RESIDENTIAL DEVELOPMENT OF LOTS

1 & 2 (#98-EX1197): NE 36-06-69 - ON THE EAST SIDE OF COUNTY

ROAD 13E (NORTH MONROE AVENUE), 1/4 MILE SOUTH OF

COUNTY ROAD 28 (57TH STREET); 1.52 ACRES; 2 LOTS; FA-FARMING

ZONING IN THE LOVELAND UGA.

This is a request for an Amended Plat to adjust the boundary between the lots in this MRD to eliminate the "flagpole" configuration of Lot 2; resultant lot sizes are 0.5 acres and 1.01 acres. Staff findings are: 1) The Jones Minor Residential Development (#95-EX0778) was recorded in 1997; the owner of the lots is requesting a boundary lot adjustment. No new vacant lots will be created by this adjustment; 2) All utility providers serving this development, the County Health and Engineering Departments, and the City of Loveland have reviewed the proposed boundary changed and stated no objections; 3) Approval of the Amended Plat of Lots 1 and 2 of the Jones Minor Residential Development will not result in any significant negative impacts on provision of services, transportation and access, neighboring properties or the environment.

The staff recommendation is for approval of the proposed Amended Plat of Lots 1 and 2 of the Jones Minor Residential Development, with the following conditions: 1) The Final Plat shall include an adequate access/emergency turnaround easement on these lots to incorporate the existing access/turnaround; 2) The Final Plat shall note that "The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record on the Jones Minor Residential Development.

3. FORT COLLINS BUSINESS CENTER 3RD FILING, LOTS 7 & 8 AMENDED

PLAT (#98-SA1209): PART OF THE WEST HALF OF SECTION 7,

TOWNSHIP 7 NORTH, RANGE 68 WEST - 1409 DUFF DRIVE; 2.07 ACRES;

1 LOT; I-INDUSTRIAL ZONING.

This is a request to amend the Plat of Fort Collins Business Center, 3rd Filing, Lots 7 and 8 to remove an existing lot line common to both lots to create a single lot of 2.07 acres. Staff findings include: 1) Fort Collins Business Center, 3rd Filing, was platted in 1979; 2) The lot configuration established at the time that the property was platted does not always meet the needs of the property owners; 3) The Amended Plat will consolidate two lots into a single parcel; 4) The Larimer County Health Department, Larimer County Engineering Department, and all utilities serving the area reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of the Fort Collins Business Center, 3rd Filing, Lots 7 and 8.

4. CAMPION COURT STREET NAME CHANGE (#97-SU1083): 6524 WEST

COUNTY ROAD 20; FA-1 FARMING ZONING

This is a request to change the previously unnamed North South road off of County Road 20 (First Street in Loveland) to be named "Campion Court". Staff findings are: 1) Unique street names are important and needed to accommodate addressing of each dwelling; having a specific street name should help to reduce confusion in locating specific addresses; 2) No objections to the proposed application or name change proposed were received; 3) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name change and stated no objections. The staff recommendation is that the previously unnamed North South road off of County Road 20 (First Street in Loveland) be named "Campion Court", as proposed in this application, be approved, with the condition that the applicant provide a copy of a recorded 60' road easement.

5. JENKS SUBDIVISION (#97-SU1083): S 1/2 26-06-70 - ON THE EAST

SIDE OF COUNTY ROAD 27, 1/4 MILE SOUTH OF COUNTY ROADS

27 & 29, THREE MILES NORTH OF U.S. HIGHWAY 34 (6518 NORTH

COUNTY ROAD 27); 22.42 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to subdivide a 22.4 acre parcel into two lots of 12.0 acres and 10.4 acres for single-family residential use. Staff findings include: 1) The proposed Jenks Subdivision is in compliance with the 1988 Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Jenks Subdivision proposal is compatible with other development in the surrounding area; 3) Approval of the Jenks Subdivision will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the Jenks Subdivision; 5) There are some land use issues involving more than one principal use of a lot and compatibility with nearby agricultural and mining operations.

The Planning Commission/Staff recommendation is for approval of the Jenks Subdivision, with the following conditions: 1) The following notes shall be placed on the Final Plat: a) Park fees of $315 per dwelling, off-site road improvement fees of $369 per lot, school fees and any other applicable fees will be collected at the time of building permit for new residential structures; b) Larimer County is not able to mitigate wildlife problems, such as skunks, snakes, prairie dogs, and others. Larimer County and the State Division of Wildlife is not responsible for damage or control of wildlife; c) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement; spraying or other control of mosquitoes will be the responsibility of the property owner; d) There are existing agricultural and mining activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses and mining occurring on nearby properties; e) Fire sprinkler systems are required for all new residential construction; f) Engineered footings and foundations will be required for all new residential construction; g) Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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 from 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; h) Asphalt paved apron and other access road improvements will be required prior to the issuance of a building permit on Lot 2; i) Maintenance of internal driveways are the responsibility of the property owners. Larimer County will not maintain internal private driveways; 2) A building permit to build a single family house on Lot 1 shall be permitted only when a variance is approved to allow more than one principal use on the lot, or if the commercial use approved by the special exception is discontinued permanently.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the County Road 56E Vacation of Right of Way; Jones Amended Minor Residential Development of Lots 1 & 2 (#98-EX1197); Fort Collins Business Center 3rd Filing, Lots 7 & 8 Amended Plat (#98-SA1209); Campion Court Street Name Change (#98-OS1198); and the Jenks Subdivision (#97-SU1083); each, with the conditions as outlined.

Motion carried 3 - 0.

6. MORRIS MINOR RESIDENTIAL DEVELOPMENT (#97-EX1155): NW

1/4 19-04-70 - 1820 PONDEROSA HILL ROAD IN LYONS, CO.;

41.4 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to divide a 41.4 acre lot into lots of 20.04 acres and 21.37 acres. Mr. Tasman displayed a map and aerial photo of the subject property, described the proposal, and reviewed the major issues and concerns; he noted that Ponderosa Hill Road currently runs through the lot and the applicant wishes to divide the existing lot into two lots, one on each side of Ponderosa Hill Road. Staff findings are: 1) The proposed Morris MRD is consistent with the requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution. The Board of County Commissioners granted an MRD appeal to allow this request to proceed through the MRD process although this parcel is located outside of the area where the MRD process can be used; 2) In February 1993, the Subdivision Resolution was amended to limit the types of properties that are eligible for the MRD process. Several other lots in this area were divided through the MRD process before February 1993; 3) This is one of many lots in Larimer County that are crossed by a road or access easement. Allowing the division of a lot because a road crosses the property could set a precedent to allow similar divisions on other lots intersected with roads and access easements; 4) There is intense pressure to subdivide and develop land at the southern end of the County, close to the Boulder County line. Cumulative effects of redividing large parcels in the area without a coordinated development plan would have significant negative impacts on the area's physical and social infrastructure and provision of utility, transportation, and public safety services. The staff recommendation is for denial of the Morris Minor Residential Development.

Applicant Earl Morris addressed the Board and stated that the property is between two developments, X Bar 7 and Blue Mountain, and they want to divide the property for his son to build a home; he noted that when he met with the Concept Technical Review Board, they were concerned about two points: 1) Whether the Ponderosa Hill Road was public or private and 2) A well on the property? Mr. Morris stated that research revealed that Ponderosa Hill Road was dedicated to the public long ago, but was never accepted as such by Larimer County; technically, it is a private road and maintained by the Little Thompson Road Association and there are no signs that say "No Trespassing" and 25% to 50% of the traffic on the road is public. With regard to a well on the property, Mr. Morris stated that the State Water Resources Agency returned his application for a well permit stating that they can't do anything until the land is split. Commissioner Disney stated that the County frequently has roads dedicated as public right-of-way but not accepted for maintenance by Larimer County. Ms. Haag stated that, based on the information before the Board today, there is no way to tell if the road is public or private. Patricia Harper, adjacent property owner, discussed three points: 1) Nature of the area - most of the other properties in the area are 40 acres or more and she is concerned that if this MRD is allowed, more requests for division will follow; 2) Access and concern with the infra-structure, which is very poor; she noted that the Morris property is 2 1/2 miles from County Road 37E and is a part of 13 miles maintained by the Little Thompson Road Association, which is a group of community volunteers who cannot keep up with the increasing traffic on their primarily dirt and rock road, and keeping these roads safe and passable is a real challenge. Ms. Harper stated that there is only one entrance to the entire area of 93 properties located in 9 sections and the road has washed out twice in this decade making the entire area inaccessible for up to 5 days at a time. Ms. Harper stated that she is not asking that development be stopped, only that the housing density not be increased above the current permissible levels; 3) Community responsibility - the Morris's have paid the equivalent of road association dues, but they have elected not to become involved or voting members. Ms. Harper stated that approval of this request will not give anything back to the community in the way of open space, conservation easements, or reduction in negative impact on the land and she respectfully requested that this MRD be denied. In rebuttal, Mr. Morris stated that out of 93 properties, there were only 3 letters of objection.

Commissioner Disney stated that, in his opinion, this request is not compatible with the other parcels in the area and he has a problem approving a MRD west of Range 70. Commissioner Clarke noted that the property to the south does seem to be divided between Parcels B & C, but nothing else in the area is compatible with the request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Morris Minor Residential Development (#97-EX1155).

Motion carried 3 - 0.

The hearing recessed at 3:40 p.m.

CONTINUATION OF LAND-USE HEARING

(#315 & #314 @ 1000)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Russ Legg, Chief Planner; Daryl Burkhard, Open Lands Resource Specialist; Marc Engemoen, Director of Public Works; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. FOSSIL LAKE PLANNED UNIT DEVELOPMENT (NON-CONTIGUOUS

PLANNED UNIT DEVELOPMENT) - #98-MS1195: NORTH PARCEL

09-06-68 - SOUTH OF COUNTY ROAD 36, EAST OF COUNTY ROAD 9

ON THE NORTH SIDE OF FOSSIL CREEK RESERVOIR AND SOUTH

PARCEL NE 1/4 20-06-68 - SOUTH OF COUNTY ROAD 32 AND WEST OF

COUNTY ROAD 9; 426.6 ACRES; 566 LOTS; FA-1 FARMING ZONING

Chair Olson noted for the record that the Commissioners toured the subject property this afternoon to better understand the layout of the proposed development. This is a request to transfer density from the South parcel (138.9 acres) to the North parcel (287.7 acres) for the purpose of dividing the North parcel into a mixed use development of 486 residential units, a 7.5 acre parcel for a neighborhood center or multi-family area of up to 80 units, and a private open space out parcel adjacent to Fossil Creek Reservoir. Resource conservation restrictions are proposed for the outlot on the North parcel and the South parcel. Mr. Legg described the project and reviewed the major issues and concerns; he noted that since the Planning Commission hearing on March 16, 1998, the applicant has modified the plan further and those revisions will be explained by Ms. Burkhard. Mr. Legg noted that the modifications have been reviewed by the City of Fort Collins, the Division of Wildlife, and the Parks and Open Lands Department and they now find that it is in complete approval with the recommended configuration previously suggested to the applicant. Mr. Legg noted that another modification is with regard to park fees; previously, the County was recommending approval of the project with a waiver of park fees, but now this area is in the Fossil Creek Area and so the City fees (park, drainage, etc.), per the intergovernmental agreement, will be collected. Mr. Legg continued that if the applicant chooses to request those fees be waived, he would ask the County by letter to consider that and it would be forwarded to the City for review and comment before any action was taken by the County. Mr. Legg also noted that a letter was received today from the Fort Collins City Manager indicating that after several meetings with County staff, the applicant, and City staff, they recommend that this proposal proceed through the County process. Mr. Legg introduced the following members of the City of Fort Collins: Tom Shumaker, with the Natural Resources Department, and Lee Ann Harder, Planner; he noted they are here to answer questions, if needed. Mr. Legg also noted that the Commissioners received a letter dated April 3, 1998 from Daryl Burkhard clarifying their expectations regarding a resource management plan in the conservation easement on the property; also a letter from the Division of Wildlife, dated April 2, 1998, outlining fencing, dogs, and restrictions associated with these resource management areas. Mr. Legg noted that the contents of these letters will be made a part of the conditions of approval for the applicant. Mr. Legg stated that with regard to the portion of this plan that is for non-residential neighborhood commercial type activity, the applicant is requesting the option that in 7 or 8 years, when this part may come on line for development, that if there is another neighborhood center in the general area, that he would have the option of changing that to an 80-unit multiple family area; he noted that staff is suggesting that the Board only approve this for the commercial area now and that it remain in the Master Plan configuration and then it would have to come back as a Preliminary Plat for review in the future. Mr. Legg stated that another issue discussed at the Planning Commission hearing, and which was followed up with meetings with the City of Fort Collins, legal staff, and Natural Resources, is the vesting issue associated with this development; he noted that Larimer County normally vests a Preliminary Plat for 3 years per State Statute. However, the applicant had asked for 12 years and staff is recommending 10 because of the effort the applicant has made to meet evolving regulations and the size and complexity of the development. Mr. Legg noted that this will be a phased project and the County and the City would like, with the 1st phase, that the entire conservation easement be provided and recorded. Mr. Legg stated that the attorneys, applicant, and the County have structured an agreement, which will be an addendum to the conditions of approval under 2 (k); he also suggested several other revisions and additions to the conditions, which are included in the conditions outlined below.

Staff findings include: 1) This proposed Fossil Lake Planned Unit Development is a non-contiguous PUD and is compatible with the adopted Fossil Creek Reservoir Area Plan, adopted revised Intergovernmental Agreement, and regulations. In addition, the proposal is consistent with the surrounding land uses contained in the plan; 2) The Larimer County Health, Engineering and Open Lands Department, the City of Fort Collins, as well as other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval of this project; 3) The proposed PUD meets the criteria of the Larimer County Zoning Resolution, the Larimer County Planned Unit Development Resolution, and the Larimer County supplemental regulations for the Fossil Creek area, and Appendix I of the revised Intergovernmental Agreement; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety or welfare of existing residents or the natural resources of the area.

The recommendation of the Planning Staff, the Open Lands Staff and the City of Fort Collins is for approval of the Master Plan for the Fossil Lake PUD for a period of ten years and for 566 units, including the Neighborhood center and the patio home area; 2) Approval of the Preliminary Plat of Fossil Lake PUD for 489 total units on the North and South parcels, with the following conditions: a) The Final Plats shall be in conformance with the revised Preliminary Plat dated March 27, 1998 and materials and files submitted as part of application file #98-MS1195; b) The proposed farm dwelling unit on the large south parcel must be sited within a lot; c) Final Plat approval will be provided by Larimer County after review and comment by the City of Fort Collins. The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed; d) The conservation easements and resource management plan, addressing the concerns in the letters from the Parks and Open Lands Department, dated April 3, 1998, and the Division of Wildlife letter dated April 2, 1998, must be submitted with the Final Plat application. Said easements, after approval by Larimer County, shall be recorded with the Final Plat. The April 3 letter restricts agricultural activity to corn crops which by this approval is expanded to other grain crops or crops in the final approved Resource Management Plan; e) Fossil Lake PUD Final Plats shall not be recorded until a permit has been issued for the sewer line required to serve the development; f) Final Plat notes regarding payment of required fees for park, schools and drainage shall be placed on the Fossil Lake PUD Plat; g) A written agreement with the North Poudre Irrigation Company, as outlined in their letter of February 27, 1998, shall be submitted with the Final Plat; h) The Final Plat submittal shall contain a report for review and approval by Larimer County Public Works which details a fair and proportional improvement program to County Road 36 and County Road 7. If improvements are front ended by the Fossil Lake development, the agreement will contain reimbursement provisions in the event other development is approved by the City or County which will utilize the improvements; i) Construction activity within the 1/4 mile study area and, in particular, the core conservation area, will be scheduled in a coordinated effort with the County so as to limit disturbance during the wildlife sensitive seasons. The sensitive nesting period of the herons is of particular importance in scheduling construction activity. Construction activity is defined as development improvements, such as detention areas as well as housing construction; j) Tree planting, as approved by the Larimer County Parks and Open Lands, shall be completed along lots 11-15 (revised plan) to provide screening value; k) The Preliminary Plat and Master Plan are approved for 10 years, as written by the County Attorney's Office and outlined as follows: The effective period of the Master Plan and Preliminary Plat approval and statutory vested rights granted to the applicant shall be in accordance with the following terms: A) The Master Plan and Preliminary Plat shall remain in effect for 10 years provided that an application for at least one Final Plat is filed within 18 months of Preliminary Plat approval. If one Final Plat is not filed within 18 months of Preliminary Plat approval, the Master Plan and Preliminary Plat shall expire and be of no further force and effect; B) Approval of the Preliminary Plat establishes a statutory vested right in the Preliminary Plat for three years pursuant to S 24-63-103 and 104, C.R.S., 1973, as amended. In order to grant the applicant a statutory vested right in the Preliminary Plat which exceeds the three-year period, the applicant and County shall execute a development agreement pursuant to S 24-68-104(2), C.R.S. 1973, as amended, concurrently with approval of the Final Plat, which includes and further defines the terms and conditions stated in paragraphs B (1), (2) and (3) below. The development agreement shall be adopted as a legislative act. (1) The applicant shall have a vested right in the Preliminary Plat for 10 years from the date of Preliminary Plat approval; (2) The statutory vested rights granted to applicant shall preclude: (i) application of County regulations which would preclude, alter, impair, prevent or diminish the land uses, density and general layout shown on the Preliminary Plat for the 10-year term of the vested rights; and (ii) application of County engineering standards for roads, sewer and water improvements adopted subsequent to the Preliminary Plat approval for a three-year period following Preliminary Plat approval, unless such standards, if not applied, would pose a serious threat to public health and safety; (3) Except as provided in paragraph B(2)(ii) above, the statutory vested rights granted to applicant shall not preclude: (i) application of County regulations general in nature applicable to all property which does not preclude, alter, impair, prevent or diminish the land uses, density and general layout shown on the Preliminary Plat; (ii) application of County regulations under the circumstances described in S 24-79-105, C.R.S. 1973, as amended; l) The applicant shall provide a written evaluation of the effects of the development on the Spring Canyon Ditch.

Ms. Burkhard commented on the issues of the wildlife and natural resources in the area; she noted that the Fossil Creek Reservoir area is very important from a wildlife standpoint and a very important natural resources area they want to protect. Ms. Burkhard reviewed the background that has gone into determining the buffers of this proposal; she noted that the eagles are using the entire reservoir and so they recognized that the entire shoreline is an important area and they worked with the Division of Wildlife, City of Fort Collins, the U. S. Fish and Wildlife Service, and referred to scientific literature to look at recovery plans to provide some general guidance regarding what kind of buffers one should have to provide a protective buffer. Ms. Burkhard noted that there will be an 1/8 mile buffer on most of the shoreline.

Mr. Legg stated that another major concern related to the proposal is to insure that it meets the recently adopted standards for the Fossil Creek Area; he noted that the applicant has strived to do that all along and the roads and drainage and transportation systems do meet those newly adopted regulations in their entirety. Mr. Legg stated that in addition to the on-site configuration of the roads, the adjacent county roads will be built to City standards with curb, gutter and sidewalk and the applicant will build CR 9 from his area to the north to the nearest improved arterial and the phasing plan will be coordinated with how necessary improvements might need to occur to CR 36 and CR 7; he noted that if new development along these roads occurs, reimbursements will be made. Mr. Ryan stated that their office has asked for additional information related to water quality and how it will be managed from stormwater impacts; he noted that they are satisfied that those conditions are incorporated in what the applicant has indicated they will provide. Questions from the Board and discussion followed.

Applicant Stan Everitt introduced Bob Everitt, Eldon Ward of City Scape Urban Design, and Attorney Lucia Liley; he noted that they have been working on this proposal since 1993 and during that time, several major planning efforts have taken place, such as the corridor plan, Fossil Creek Area Plan, etc. Ms. Liley stated that going through this process has been a challenge trying to work within the existing requirements and also fit in with the regulations that were changing month by month; she explained why the 10-year vesting right for this project is justified and noted that this is not a standard project and it did not make sense to piece meal the project. Ms. Liley explained that the agreement the attorneys drafted, which became condition 2 (k), completely outlines what the County is granting and what they are retaining and the compliance regulations for the applicant. Mr. Ward reviewed the revisions made in the interim of the Planning Commission hearing and today's hearing and described the strategy for the screening for the five large lots closest to the shoreline; he noted that they don't want to create an irrigated manicured urban park, but to have it remain in a natural form. Mr. Everitt stated that the property lines for the 5 large estate lots will be fenced with a low open fence with wire mesh to maintain some security for the wildlife habitat and to act as a barrier for public access. Mr. Everitt noted that this project will serve as a model as other urban areas in Larimer County are developed and as an enhancement to the TDU program as it evolves.

At this time the hearing was opened for public comment and the following persons addressed the Board with their concerns: Jana Six, Del Brooks, Kelly Ohlson, Ramon Arreo, and Gina Jannett. Ms. Six, a graduate student in Natural Resources at Colorado State University, spoke on behalf of nature; she noted that this is the most riparian habitat in the County and she expressed her disappointment that the Natural Resources staff has compromised and she proposed using the precautionary principle to preserve and buffer a larger area. Mr. Brooks, representing a group of 5 landowners who are members of the Spring Canyon Ditch, which is at the northeast corner of the north parcel, stated that they believe that this development will directly and negatively impact the quality and quantity of the water; he asked that approval of this project be delayed until their concerns have been addressed. Mr. Ohlson stated that he hoped the Board tonight would request answers from staff and give direction to them regarding park fees, vesting, the airport zone, minimum set back, etc.; he noted that even though he is not totally satisfied with this development, he thinks it is the best any developer has brought forth and has tried to do the right thing. Mr. Arreo, representing 1100 Sierra Club members, expressed appreciation that many of their concerns about this project have been addressed by staff, but noted that it is still really difficult to get a handle on this project because of the lack of details regarding the conservation easement and the resource management plan; he noted that these documents will not be available until Final Plat approval, but that is more of an administrative matter meeting and not an advertised public hearing. Ms. Jannett also expressed concern for approving a plan and density without knowing the details of the conservation easement terms and resource management plan for the area; she also has a concern that when the sewer main is being built from the sanitation district to the north, it will go through the wetlands and construction should be made to protect that resource. Ms. Jannett also questioned sending housing units from the airport critical zone when development is that zone is discouraged.

Mr. Everett responded to the concerns raised; with regard to the concern about the Spring Canyon Ditch, he noted that the ditch does not adjoin this property and he recommended a site visit to make sure the ditch will not be jeopardized. With regard to the vesting concern, Ms. Liley stated that the technical requirements of the County are set for the initial 3-year period and then any final phase plan will have to meet the current County technical standards; with regard to the conservation easement, Ms. Liley stated that most of those elements are not up in the air as the major components have been identified. Mr. Everett addressed the concern of the extra unit on the south property (134 acres); he noted that the previous owners operated a large dairy on this site and they wish to retain their two existing residences and in order to adequately farm and manage the property, they feel that it is important to have an on-site residential unit on site. With regard to the park fees, Mr. Legg stated that when this site is in the UGA, the County will collect $813 for park fees and turn 80% over to the City and retain 20% for regional park fee purposes. Responding to the concern regarding the airport zone, Mr. Legg noted that the Larimer County Zoning Resolution states that single family dwellings are a permitted use at 2.9 units per acre; however, that zoning does encourage industrial uses. With regard to the issue of water quality, Mr. Ryan stated that they will work very closely with Engineering to see that water quality objectives are met; Mr. Sheldon noted that they will be looking at ground water levels throughout the development.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments: Commissioner Clarke stated that this project will result in approximately half of the land in this project being in a conservation easement and protected and will provide open space, wildlife habitat, etc. and it will protect the airport critical zone and the corridor, and has achieved a great many things; he continued that on the north, development is feathered away from the lake, with the higher density further to the north, which fits in with the densities preferred by the City of Fort Collins, and the area will be developed with urban standards. Commissioner Clarke stated that this is one of the most environmentally sensitive projects he has seen in 20 years and he expressed appreciation to the County and City staff and to the developer. Commissioner Disney stated that he concurs with Commissioner Clarke and he noted on the site visit today that across the road to the north from the south parcel is a very large dairy farm and not having development on the south parcel will keep that in operation; he also thanked staff and everyone involved in bringing about this development and he concurs that it will serve as a model in the future for others. Chair Olson also expressed her appreciation to everyone and noted that this development takes into consideration the Fossil Creek Area Plan, the TDR program, and will be cooperative with new regulations in Larimer County as they are adopted in the future.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the recommendation of the Planning Staff, Open Lands Staff, and the City of Fort Collins and approve the Master Plan and Preliminary Plat for the Fossil Lake Planned Unit Development (Non-contiguous Planned Unit Development) #98-MS-1195, with the conditions as revised and amended.

Motion carried 3 - 0.

The hearing adjourned at 9:20 p.m.

TUESDAY, APRIL 7, 1998

SIGNING OF BOND DOCUMENTS FOR FACILITIES PROJECTS

The Board of County Commissioners met at 8:30 a.m. to sign the Master Lease and indenture and closing documents, as approved by the Board on March 24, 1998, for the issuance of certificates for the bonds for the Facilities Projects. Chair Olson presided and Commissioners Clarke and Disney were present; also present were County Attorney George Hass and Jennifer Barrett from the Law Firm of Kutak-Rock in Denver, Colorado. Recording Clerk, Sherry Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolutions and Deeds to convey to the Larimer County Building Authority the Evergreen Park property, the Center Point Park property, and the Block 31 property.

Motion carried 3 - 0.

R98-60g RESOLUTION FOR CONVEYANCE FOR LOTS 9, 10, 11 AND 12,

BLOCK 2, REPLAT NO. 1 OF EVERGREEN PARK AND LOT 1

AND 2, CENTER POINT PARK 3# - LARIMER COUNTY

D98-03 QUIT-CLAIM DEED FOR SAME AS ABOVE

R98-61g RESOLUTION FOR CONVEYANCE FOR LOTS 13 THROUGH 29

AND THE ENTIRE ALLEY ADJACENT TO LOTS 18

THROUGH 23, BLOCK 31, CITY OF FORT COLLINS

D98-04 QUIT-CLAIM DEED FOR SAME AS ABOVE

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an amendment to the municipal bond insurance commitment, dated February 27, 1998.

Motion carried 3 - 0.

The meeting recessed at 8:55 a.m.

ADMINISTRATIVE MATTERS

(#316 & #317)

The Board of County Commissioners reconvened at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Shelly Stephens, Director of Fort Collins Housing Authority; Ann Watson, Health Department; Greg Pickett, Director Parks and Open Lands; Randy Ratliff, Estes Park Manager HHS; Jennifer Greenawalt, Executive Director Crossroads Ministry of Estes Park; Rex Burns and Lisa Dunn, Project Engineers; Bob Keister, Budget Manager; Janelle Henderson, Director Natural Resources; Marc Engemoen, Director Public Works; Loyd Berry, Agronomist; Dave Spencer, Director of Facilities; Rob Helmick, Senior Planner; Ginny Riley, Community Services Director; Anne Keire, Child Care Programs Manager; Doreen Scott, Division Manager; Larry Neal, Colorado Child Care Association; John Fishback, Fort Collins City Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender, representative from Farm Bureau, questioned the Board about the rumor he heard that the County is considering impact fees on road construction and he asked if this will affect farm roads; the Board responded that farm roads will not be affected, but residences will be, and whether or not the impact fees will be only for new development has not yet been decided. The Board also noted that there will be a worksession at 10:30 a.m. on April 13, 1998 with Scott Cornell from the Engineering Department to discuss policy decisions associated with proposed adoption of grading code and road standards and they informed Mr. Bender that there will be ample opportunity for public input during the public process.

2. APPROVAL OF MINUTES FOR WEEKS OF MARCH 23 AND MARCH 30, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the weeks of March 23 and March 30, 1998, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF APRIL 13, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of April 13, 1998, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on April 7, 1998:

MISCELLANEOUS DOCUMENTS: Authorization to Invest and Use Collateral for a Period Exceeding Five Years for the Construction and Reserve Funds of the Collaterized Repurchase Agreements for the Bond Proceeds; Barnhart MRD Final Plat; Amended Exemption Plat for the Jones MRD (Lots 1 & 2); 1998 Summer Youth Program PY 97 April 1, 1998 - June 30, 1998. LIQUOR LICENSES: Licenses for renewal of liquor licenses were issued to: Sox and Cubs - 6% - Fort Collins, CO., and Overland Foods, Inc. - 3.2% - LaPorte, CO. County approval was granted to Sandy's Convenience Store - 3.2% - Fort Collins, CO.

A98-53 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 162 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND LINDA S. WRIGHT

C98-13 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JAMES NYTES DBA JIM'S

CONSTRUCTION MATERIALS OF ESTES PARK (Maintenance

of Roads in Little Valley General Improvement District #14)

R98-62s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

ON SALE OF LOTS (Replat of Lot 5, Cameron Estates)

Motion carried 3 - 0.

5. PROCLAMATION FOR FAIR HOUSING MONTH: Commissioner Clarke read aloud the Proclamation for Fair Housing Month - April 1998. Ms. Stephens thanked the Board and invited the Board to the Equal Housing Opportunity Forum on April 16, 1998 from 8 until 11 a.m. at City Hall West; she noted that this is the 5th year for the Forum and this year Wellington has joined in this effort.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the month of April 1998 as Fair Housing Month, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

6. PROCLAMATION FOR NATIONAL PUBLIC HEALTH WEEK: Commissioner Clarke read the Proclamation for National Public Health Week. Ms. Watson reviewed the history of the Health Department and stated that they are proud of the accomplishments they have made over the past 30 years and she invited the Board to an Open House at 2 p.m. on April 8, 1998 to celebrate those 30 years.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the week of April 6 through 12, 1998 as National Public Health Week, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

7. FUNDING FOR FAIRGROUNDS MARKETING AND FEASIBILITY AND ECONOMICS ANALYSIS STUDY: Mr. Pickett requested Board approval of an expenditure of funds not to exceed $25,000 from the Capital Expenditure Fund for a marketing feasibility and economic analysis study to be performed for the proposed new site of the Larimer County Fairgrounds; it was noted that previously the Board informally approved this expenditure, subject to the availability of funds, which have now been verified by the Budget Manager and approved by the County Attorney.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of funds not to exceed $25,000 from the Capital Expenditure Fund for a marketing feasibility and economic analysis study for the proposed new site of the Larimer County Fairgrounds.

Motion carried 3 - 0.

Mr. Pickett submitted for the Board's review a draft copy of the ballot language for a citizens' petition initiative to purchase land for developing a new fairgrounds and events center for Larimer County.

8. RESULTS OF AD HOC COMMUNITY PLANNING TEAM: Mr. Ratliff and Ms. Greenawalt updated the Board on the activities going on in Estes Park and reviewed the results of the ad hoc community planning team, which has been renamed the Estes Valley Inter-Agency Council (EVIAC), and their eight recommendations for actions. The issues and priorities identified for 1998 are: Housing, Substance Abuse Services, Transportation, Single Point of Entry, Volunteerism, Infant Day Care, Community Foundation. The Estes Valley Inter-Agency Council was formed to implement the above community initiatives with the mission to be a partnership of local agencies that advocates high quality, accessible, and cost effective health and human services to meet the needs of Estes Valley citizens; Mr. Ratliff noted that Louise Olson has been chosen as the Chair of this Council.

9. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR WEST VINE STORMWATER BASIN: Mr. Burns and Ms. Dunn requested Board approval of a $20,000 contribution for seed money prior to submitting a Community Development Block Grant application, contingent upon receipt of a petition to form a local improvement district by the residents of Irish Green Acres. Ms. Dunn reviewed the background and reason for this application; she noted that after the July '97 flood and disaster declaration, FEMA invited them to submit an application for the West Vine project, which also fit the criteria for a CDBG grant for $400,000, with a County match of $326,000. Ms. Dunn continued that because we have an IGA with the City of Fort Collins, they agreed that the West Vine Stormwater Utility could contribute about $215,000 from fees; they will ask the residents of Irish Green Acres to form a local improvement district to improve the roads and contribute $60,000, the Engineering Department will add $31,000 in in-kind contributions to the project, and the $20,000 contribution from the County will complete the match. Ms. Dunn stated that most of these fundings are still pending; she noted that they feel this is a very sound project which will address the flooding, drainage, and road problems in this area. Because of the reality of the budget, Commissioner Clarke suggested the possibility of the County lending the money for this project, interest free; discussion followed and Mr. Keister stated that the County could make the loan out of uncommitted '97 carryover.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a loan of $20,000 from the uncommitted '97 carryover fund for the West Vine Stormwater Utility Basin Project, to be repaid with no interest from the district, should it be formed.

Motion carried 3 - 0.

10. WEED DISTRICT EXPANSION: Ms. Henderson reminded the Board that at the worksession with the Board held in March they discussed the possibility of expanding the weed district, which can either be placed on the November ballot as a referendum item or placed on the ballot through the petition process. Ms. Henderson stated that some County residents located outside the boundaries of the existing Weed District have expressed an interest in being included in the District; however, since most of these residents are located in Estes Park, they cannot simply be annexed into the current District and the only way to incorporate these residents into the District is by expanding the District county-wide, which requires voter approval. Mr. Berry submitted and reviewed three budgets for a County-wide weed district; the current 0.142 mill levy will not provide adequate revenue to fund any of the options, but if the County could fund the up-front equipment costs, with repayment to the general fund, the mill levy increase would be minimum. Questions regarding the budgets and much discussion followed; the Board directed Mr. Berry to work with Mr. Keister and Mr. Lancaster so that equipment replacement costs and repayment to the general fund for the up-front equipment costs are included in the budget. The Board decided that this issue will be placed on the November ballot by referendum and the expanded Weed District will be de-Bruced.

11. PREBLE'S MEADOW JUMPING MOUSE TASK FORCE: Mr. Helmick informed the Board that the Fish and Wildlife Services has delayed their decision until May on the listing of the Preble's Meadow Jumping Mouse (PMJM) on the endangered species list. Following the direction the Board gave Mr. Helmick two weeks ago to set up a task force, he submitted a list of names of individuals and organizations which have expressed an interest in participating on that task force; he noted that staff thinks that a task force of 12 members should be the maximum. Mr. Helmick reviewed what the mission of the task force would be and requested authorization from the Board to begin soliciting applications for the PMJM Task Force, adopt the mission role and responsibility statements, and that the task force be represented by members of the following interest groups: property rights, environmental, utilities, water users, business interests, development community, cities, agriculture, sand and gravel, State lands or interests, and citizens. Mr. Helmick also requested that the Board consider waiving the requirements in Operating Procedure 100.1B III (Recruitment) due to time constraints for forming this task force as soon as possible. Chair Olson suggested that Mr. Gluckman, Assistant County Manager, help with the facilitation of this task force. Mr. Lancaster suggested that the group be called a Blue Ribbon Panel instead of a task force. Discussion followed; the Board decided that they will discuss the role of staff, budget, etc. during the Policy Worksession on Thursday and they also suggested that there be two representatives each from the cities and citizens interest groups.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the requirements in Operating Procedure 100.1B III (Recruitment) and approve the proposed mission and role and responsibility statements for the panel, as outlined in the staff memo, and accept the staff recommendation regarding the composition of this panel with the change to include two city and two citizen representatives for a total of 13 members and to add County staff from appropriate departments as ex-officio members.

Motion carried 3 - 0.

12. CHILD CARE ASSISTANCE PROGRAMS ELIGIBILITY AND PROVIDER REIMBURSEMENT RATES: Ms. Riley requested Board approval to approve the following recommendations for the Child Care Assistance Program: 1) Increase eligibility criteria to 185% of Federal Poverty Guidelines; 2) Increase reimbursement rates for licensed centers and homes closer to market rate effective April 1, 1998; 3) Increase the number of absences allowed from three to five; 4) Institute an alternate rate for sick child care, weekend care, and non-traditional hour care; 5) Combine activity and transportation fees for center based care.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the eligibility criteria for the Colorado Child Care Assistance Program, as recommended above.

Motion carried 3 - 0.

13. BLOCK 31 INTERGOVERNMENTAL AGREEMENT: Mr. Lancaster submitted and reviewed the contents of the Intergovernmental Agreement between the County and the City of Fort Collins for joint ownership of Block 31. Much discussion followed regarding the cost for construction of the temporary parking and several revisions were made in the agreement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Intergovernmental Agreement between Larimer County and the City of Fort Collins regarding joint ownership of Block 31 for the Civic Center Master Plan, and authorize the Chair to sign the agreement when revisions are made.

Motion carried 3 - 0.

A98-54 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY

OF LARIMER, COLORADO AND THE CITY OF FORT COLLINS,

COLORADO (Block 31 Joint Ownership for Civic Center Master Plan)

14. COMMISSIONER REPORTS: Chair Olson reported that she received a message from Representative Bill Kaufman that the Bill to authorize another judge for Larimer County was killed by the Appropriations Committee.

At this time, Assistant County Attorney Jeannine Haag, Carol Evans and Keith Schuett, Planners II, and Gayle Morgan, Planning Department Staff Services Manager joined the meeting for legal matters.

15. LEGAL MATTERS:

-- Ms. Evans stated that Hirsch Trucking is requesting an amendment to an approved special review to relocate their business building envelope, as they have an opportunity to connect to public sewer if they move it 250 ft. to the east; she asked the Board if this request should be reviewed by the Planning Commission before being heard by the Commissioners. After discussion, the Board decided to bring it before the Commissioners because there is a tremendous public benefit to having it be on public sewer; however, if unforeseen questions or problems arise, they will refer it back to the Planning Commission.

-- Ms. Haag reviewed the background of the contract negotiations with the cable television companies in Larimer County and River Oaks Communications Corporation; because of the lengthy negotiations with Heritage Cablevision of Delaware, Inc. (TCI), an additional expenditure of $15,956.47 was incurred. Mr. Duchen, President of River Oaks Communications, has discounted the amount due the company to $8,873.02. As this expense is over the original agreed-upon consultation fee, Ms. Haag asked the Board if they agree to pay this discounted amount. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve additional funding of $8,873.02 to the River Oaks Communications Corporation, and authorize the Chair to sign the Letter of Agreement dated March 20, 1998, with funds to be derived from the '97 carryover fund.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 12:15 p.m. to discuss potential litigation.

Motion carried 3 - 0.

The Board came out of Executive Session at 12:40 p.m. and took the following action with regard to two requests from Clydesdale Park PUD and Interchange Business Park PUD, submitted by their attorney Lucia Liley, for the Board to reconsider rehearings.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners not grant the requested rehearings; however, the Board stated for the record the Colorado Department of Transportation is currently being putting together a study to address the safety and other traffic issues at the Interchange of I-25 and Highway 14. Commissioner Clarke continued that when that study is completed, and the Board understands exactly what might be required to improve the safety and other traffic conditions at this interchange, that would be an appropriate time for these property owners to get involved in the solution as suggested by that study and to ask for further consideration of their projects; and, the fact that the funding for the study has moved along so quickly and that the Colorado Department of Transportation has put that interchange into the State Transportation Improvement Program in an expeditious manner, indicates that there is a serious problem with that interchange and the Board wants to know what the solution to the problem is before they start considering land-use applications in the area.

Motion carried 3 - 0.

The meeting adjourned at 12:45 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

_______________________________________

Gael M. Cookman, Deputy County Clerk

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