Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 6, 2002

LAND USE HEARING

(#46)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Karin Knauf, Planner I; Matt Lafferty, David Karan, and Sean Wheeler, Planners II; Doug Ryan, Environmental Planner; Christie Coleman, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson noted that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Commissioner Bender requested item #3, Hiawatha Heights Lots 9A & B, 10A & B, Block 18 Amended Plat be removed from consent.

1. AMENDED SHEAHAN EXEMPTION/ CHANGE OF CONDITION: SE 1/4 OF SECTION 14, TOWNSHIP 9, RANGE 69 WEST; LOCATED ON THE WEST SIDE OF COUNTY ROAD 15 SOUTH OF COUNTY ROAD 70.

This is a request for an Amended Exemption/Change of Condition to delete the following note on the recorded expiation plat: "Note: 1 well to be relocated on Parcel 1". Staff recommendation is approval of the proposed Amended Sheahan Exemption/ Change of Condition.

2. CRYSTAL LAKES 11TH FILING, LOTS 42 & 43 AMENDED PLAT AND EASEMENT VACATION: SE 1/4 OF SECTION 12, TOWNSHIP 10, RANGE 74 WEST; LOCATED ON CREEDMORE LAKES ROAD IN RED FEATHER

This is a request for an Amended plat to combine 2 lots into one larger lot and to vacate the utility easement along the common boundary separating the two existing lots. Staff recommendation is approval of the Amended Plat and Easement Vacation for Lots 42 & 43, Crystal Lakes 11th Filing with the following conditions 1. All conditions shall be met and the Final Plat recorded by November 6, 2002 or this approval shall be null and void.

4. GLEN HAVEN PORTION OF LOTS 26 & 27, BLOCK 8 AMENDED PLAT: NW 1/4 OF SECTION 34, TOWNSHIP 6, RANGE 72 WEST; LOCATED ON THE NORTHWEST SIDE OF COUNTY ROAD 43 (DEVILS GULCH ROAD) IN GLEN HAVEN

This is a request for an Amended plat for a Portion of Lots 26 & 27, Block 8 to reconfigure the property line between two existing lots. Staff recommendation is approval of the Amended plat for a Portion of Lots 26 & 27, Block 8 of the Glen Haven Subdivision with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 2/8/02 from Dale V. Greer, Professional Land Surveyor; 2. Prior to recordation of the plat, the applicant must obtain all necessary variances for the shed structure on Lot 1 or remove the structure from the property; 3. The plat shall include the following note: "The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Glen Haven Subdivision"; 4. All conditions shall be met and the Final Plat recorded by November 6, 2002 or this approval shall be null and void.

5. AMENDMENT TO THE SWIFT ADDITION OF THE FOSSIL LAKE PLANNED UNIT DEVELOPMENT (PUD): PORTIONS OF THE NE 1/4 AND SE 1/4 OF 09-06-68; LOCATED APPROXIMATELY 1/4 MILE SOUTH AND 1/4 MILE EAST OF THE INTERSECTION OF COUNTY ROADS 36 AND 9. THE PROJECT IS DIRECTLY ADJACENT TO THE EASTERN BOUNDARY OF THE FOSSIL LAKE PUD.

This is a request for an amendment to the Swift Addition to the Fossil Lake PUD by modifying the layout of the lots, roads and open spaces within the project. Additionally, the modification will have the effect of reducing the overall number of residential lots by 2. Staff recommendation is approval of the Amendment to the Swift Addition of Fossil Lake PUD with the following conditions 1. All conditions of the originally approved preliminary plat for the Swift Addition to the Fossil Lake PUD no longer applies, and shall be replaced by the conditions contained herein; 2. The Final Plat of the Planned Land Division is to be completed in strict conformance to the Larimer County Land Use Code for the County of Larimer, State of Colorado; 3. The Final Plat of the Planned Land Division is to be completed in strict conformance to the preliminary plat and application materials submitted as part of application file number 01-S1880; 4. Final Plat approval will be provided by Larimer County after review and approval comments 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; 5. The final construction documents for the project shall represent a pedestrian pathway, and enhanced crosswalks to the satisfaction of the Larimer County Engineering Department and City of Fort Collins; 6. Final drainage, traffic and erosion control reports shall be submitted with the final plat. Said reports shall be reviewed and approved the Larimer County Engineering Department in consultation with the City of Fort Collins; 7. The final plat shall not be recorded until the project site has been incorporated into the South Fort Collins Sanitation District, and all applicable construction plans have reviewed and approved by the district; 8. Construction activity within the 1/4 mile Natural Resource Area will be scheduled and coordinated with the County Parks and Open Lands Department so as to limit disturbance of the wildlife during 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; 9. The applicant shall install fencing along the entire southern boundary of the subject site. Said fencing shall be constructed to restrict domestic animals from crossing into the Natural Resource Area. Said fencing plan shall be reviewed and approved by the Larimer County Planning and Parks and Open Lands Departments, as well as the City of Fort Collins Natural Resource Department; 10. Final landscaping plans for the screening of the Natural Resource Area shall be reviewed and approved by the Larimer County Parks and Open Lands Department and the City of Fort Collins Natural Resources Department. Tree planting, as approved shall be completed along southern boundary to provide immediate screening value; 11. The applicant shall submit for review by the State Geological Survey Department a final Geotechnical Report that takes into consideration suggestions as outlined by the Geological Survey Department in its letter dated August 16, 1999. Final recommendations of the State Geological Survey Department shall be incorporated into the final construction documents and construction of residential building sites; 12. Perimeter drains shall be incorporated into the construction of all dwellings; 13. Larimer County Transportation Capital Expansion Fees will be collected at the time of building permits for each new dwelling unit within this development. Said fee collected shall be the amount in effect at the time of building permit application; 14. Cash In-lieu of School fees for the Poudre R-1 School District will be collected at the time building permit for each dwelling in this development. Said fee collected shall be in the amount effective at the time of building permit application; 15. Fire hydrants are required with a maximum spacing of 600 feet with required flows of 1000 gallons per minute and residual pressure of 20 p.s.i. No dwelling may be located more than 800 feet from a fire hydrant; 16. Address numerals shall be visible from the street fronting the property through the use of 6-inch numeral on a contrasting background. This requirement shall be specified in the covenants for the development and enforced by the homeowners Association; 17. Utility plans shall be submitted to the appropriate utility districts for review and approval. An engineer registered in the State of Colorado shall prepare these plans; 18. Utility easement as requested by Public Service Company shall be illustrated on the final plat; 19. Fees In-lieu of Park Land Dedication fees will be required for each new dwelling at the time of building permit. Since the property is within the Urban Growth Area, the UGA park fees will be charged. The amount of the fee in effect at the time a building permit is applied for will be charged; 20. Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued; 21. The Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins. The applicant shall submit with the City an annexation application at least 30 days prior to the recordation of the final plat; 22. Passive radon mitigation measures shall be included in the construction of residential structures on the development lots. The results of a radon detection test conducted in the new dwellings once they are enclosed shall be submitted to the County Building Department before a certificate of Occupancy is issued. 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; 23. Engineer Footing and Foundations are required for all new residential structures within the development; 24. A disclosure notice to perspective homeowners shall be prepared for the development and recorded with the final plat; 25. If prior to the recordation of the final plat a conservation easement has not been created on the property along the south and east boundaries of the project, right-of-way and roads shall be incorporated into the design for access to these site.

6. SKY RANCH LUTHERAN CAMP SPECIAL REVIEW: 17-07-73; APPROXIMATELY 45-MILES WEST-SOUTHWEST OF FORT COLLINS IN PINGREE PARK. HEAD WEST ON POUDRE CANYON RD (CR#14) APPROX. 24 MILES TO PINGREE PARK ROAD (CR#44) APPROX. 15 MILES TO CR# 63E, THEN APPROX. 1 MILE WEST OF TOM BENNETT CAMPGROUND.

This is a request for a Special Review approval for a summer youth camp on approximately 117 acres. Staff recommendation is approval with the following conditions 1. There will be no increase in total weekly occupancy (250) or average weekly occupancy (200). Occupancy includes staff, campers, and their families including either day use or overnight use. The season of use may be extended to April through November. If these parameters are to be exceeded, a new special review will be required; 2. There will be no increase in total annual traffic loading on County Roads 44H and 63E. The current loading is reportedly 10 trips per day onto those county roads. Further, a plan for insuring the access road from County Road 44H to the camp meets the criteria for Private Road Local Access Roads found in Appendix G of the Larimer County Road Manual will be required prior to application for building permits; 3. All camper cabins will be located or relocated to positions within the designated, generalized building envelopes; 4. A sufficient Wildfire Mitigation Plan will be submitted with Building Permit application(s); 5. Full compliance with wildfire management and emergency management measures as indicated in the County Wildfire Specialist's letter dated 9/20/01 and the Sheriff's Department comments (9/12/01); 6. Provide a fire mitigation plan for the forested open space, provide 10,000 gallons of water storage for fire protection of the camp and meet Amended 1997 UBC requirements. The design of these measures will be approved by the Larimer County Wildfire Safety Specialist; 7. Revision of the submitted Emergency Management Plan to reduce reliance on helicopter evacuation as much as practical; 8. Retrofitting of the Christ Lodge with a sprinkler system approved by the Larimer County Sheriff or Building departments; 9. Prior to obtaining building permits for new structures, plans must be approved at the State and County level for the water and sewer systems. Those systems shall be completed prior to occupying the new structures; 10. Operations manuals for the water and sewer systems shall be developed and in-place prior to operating the new facilities; 11. Provision of adequate comfort, water and sewer station(s) to serve the recreational vehicle sites and approval of the design of these facilities by Larimer County Health and Environment. A water station and sanitary dump station shall be provided for the family campground; 12. Construction of the remote yurt cabins is contingent on approval of sewer service plans by the Department of Health and Environment; 13. Plans for food service improvements to the Christ Lodge shall be approved by the Department of Health and Environment prior to construction of the youth cabins, and shall be complete prior to occupancy of cabins 9-12.

7. PRELIMINARY PLAT - LINCOLN INDUSTRIAL PARK, LOT 8, PLD (PLANNED LAND DIVISION) AND REZONING TO PD (PLANNED DEVELOPMENT) ZONING: SE 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE SOUTH SIDE OF LINCOLN AVENUE APPROXIMATELY 400 FEET WEST OF AIR PARK DRIVE IN THE FORT COLLINS GROWTH MANAGEMENT AREA.

This is a request for Preliminary Plat Review of - Lincoln Industrial Park, Lot 8, PLD to split Lot 8 into two lots in order to construct a second industrial (I) building that will be leased. Staff recommendation is rezoning approval with the following conditions 1. Allowed uses - uses will be limited to office, warehouse, and associated enclosed storage and specified as such in the Development Agreement and covenants; 2. The following parameters are to be specified in the Development Agreement and any approval be contingent on meeting these parameters a) Minimum lot size - 8,400 square feet; b) Intensity of use - see Allowed uses above; c) Setbacks: front = 25 feet (buildings), side = 10 feet (all structures), rear = 10 feet (buildings), 25 feet (all other structures); d) Building heights = maximum 40 feet; e) One flush mounted sign per business - each sign = maximum 6 sq. ft. Sign design and placement will be consistent with the signage on Building A; f) Other: i) No outside storage. No outside industrial activity. No loading facilities located at the rear of the structure. Downward directed lighting; ii) The Development Agreement submitted with future application(s) should reflect voluntary use limitations, lot, building, structure, and other requirements including minimum lot size, setbacks, height restrictions and other conditions listed in this report. Staff recommendation is approve of the land division with the following conditions 1. The applicant will submit sign design and location parameters prior to Board of County Commissioners hearing on the preliminary plat proposal so the concurrent site plan review may be completed; 2. Future expansion: Add a plat note that "changes to the uses or standards in a Planned Development zoning district require an amendment to the conditions of the approval" (LCLUC section 4.1.22.D); 3. If any light besides downward-directed, building-mounted lighting would be used, a photometric plan will be submitted during Final Plat application; 4. Provide a letter from the Poudre Fire Authority specifying that all their concerns have been addressed and the proposal will meet their requirements for providing adequate emergency response; 5. A draft of a shared parking agreement will need to be provided with the Final Plat application; 6. If the remaining Flood Plain Overlay Zone requirements are met via approved variance, this proposal will meet all standards and requirements.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Sheahan Exemption/ Change of Condition #02-S1928; Crystal Lakes 11th Filing Lots 42 & 43 Amended Plat and Easement Vacation #02-S1935; Glen Haven Lots 26 & 27 Block 8 Amended Plat #02-S1911; Amendment to the Swift Addition Fossil Lake Planned Unit Development #01-S1880; Sky Ranch Lutheran Camp Special Review #00-Z1350; and Lincoln Industrial Park Lot 8 Planned Land Division #01-S1794 as presented and outlined above.

Motion carried 3 - 0.

3. WEST HIAWATHA HEIGHTS LOTS 9A&B, 10A&B AND 11A&B, BLOCK 18, AMENDED PLAT: HIGHWAY IN RED FEATHER LAKES. NW 1/4 OF SECTION 29, TOWNSHIP 10, RANGE 73 WEST; LOCATED ON HIAWATHA

This is a request for an Amended Plat of West Hiawatha Heights to combine six lots into two larger lots and one outlot. Staff recommendation is approval with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 3/27/02 from Dale V. Greer, Professional Land Surveyor; 2. The lots shall be renumbered to conform to the naming standard for lots and shall be numbered Lot 1 and Lot 2; 3. All conditions shall be met and the Final Plat recorded by November 6, 2002 or this approval shall be null and void.

Ms. Knauf stated that the request remains the same, however the applicant is requesting to adjust the proposed boundary lines in order to better accommodate septic systems. Chair Gibson noted that there is no public comment for this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the West Hiawatha Heights amended plat as outlined above and with the adjusted boundary lines.

Motion carried 3 - 0.

Commissioner Rennels suggested that item #8 be moved to the end of the agenda since the applicant is not yet present.

9. WILLIS FARM SUBDIVISION APPEAL TO MODIFY THE DEVELOPMENT AGREEMENT SECTIONS THAT RELATE TO THE PROVISION OF NATURAL GAS, IRRIGATION AND PASTURE MANAGEMENT, AND REQUIREMENTS RELATED TO THE DITCH COMPANY.

This is a request to 1. Request to modify Section 14 of the Development Agreement to state that natural gas for the residential lots will be provided via on-lot propane tanks, instead of a underground utility line; 2. Request to modify Exhibit E of the Development Agreement concerning the means and methods of irrigation; and 3. Request to modify Sections 4.3.f and 4.7 that relate to Ish Ditch improvements. Staff recommendations are as follows 1. Denial of the request to remove the requirement for a natural gas utility line and replace it with a provision that allows residential propane tanks; 2. Approval of a modification to the Management Plan, as Exhibit E to the Development Agreement, to allow the applicant to use a water truck to irrigate the turf area in the open space. The applicant will install a drip irrigation system to irrigate the trees and shrubs in the open space, to be supplied by water from the Little Thompson Water District. Turf species must be a native, adaptive or drought tolerant species in the open space area; 3. Approval of the request to remove requirements from the Development Agreement that mandate the construction of a headgate and a pump / monitoring system along the irrigation ditch to supply water to a detention pond; and 4. Removal of the requirement to provide a signed agreement with the New Ish Ditch Company. Other items raised by the applicant are civil issues between the applicant and the Ditch Company and are not the responsibility of Larimer County to resolve.

Mr. Wheeler stated that the applicant is requesting to modify the previously approved and recorded Willis Farm Development Agreement. Staff, Mr. Wheeler continued agrees with the requests, with the exception of on-lot propane tanks.

Mr. Rick Hattman, applicant and representative for the property owners noted that he agrees with the staff recommendations, with the exception of the underground utility line. The extension of the line, Mr. Hattman continued, would be more than one-mile and requires a right-of-way easement from the railroad; which would make the extension of the utility line cost prohibitive. Mr. Hattman stated that when the project was originally submitted and preliminarily reviewed, Public Service was the utility provider and they had agreed to either cost share the extension or allow the property owners to enter into a "payback" plan. When Excel Energy took over as provider, they did not support either option regarding the extension of the line and directed where and how the extension would occur.

At this time the hearing was opened to the public and Mr. Roger Seat noted that the development agreement was signed only a year ago and asked why it was acceptable then and not now? Mr. Seat stated that he believes the applicant never intended to irrigate via the pond or to extend the utility line. Mr. Seat asked if the original requirement to have authorization from the New Ish Ditch Company was still being proposed. Mr. Seat further noted that the state and Little Thompson Water District would probably not agree/allow irrigation via tap water and stated that they should be notified and made aware of such changes.

Mr. Irvin Abner stated that a water truck for irrigation would be insufficient.

There being no further public comment, the hearing was closed.

Mr. Wheeler stated that an agreement from the New Ish Ditch Company is needed only if the historic flows of the ditch are altered. The proposal as submitted is not anticipated to change the flows. Mr. Wheeler further stated that the Ditch Company easement is noted on the plat, and that staff had sent requests for comment to the company but to no avail.

Mr. Hattman rebutted stating that water will be provided from other sources since water in the ditch is unpredictable.

Commissioner Bender stated that circumstances probably warrant staff recommendations 2-3 but that he can not support waiving the extension of the gas line.

Commissioner Rennels expressed concern for the lack of a concerted effort to supply natural gas and noted preference for the applicant to document the request of Excel Energy.

Chair Gibson stated that the proposed changes do not improve the overall project and expressed concern with getting the grass established.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve staff recommendations 2, 3 and 4; and deny the applicant's request for on-lot propane tanks.

Motion carried 2 - 1 with Chair Gibson dissenting.

8. HARVEY ROLLING HILLS PLANNED LAND DIVISION (PLD) PRELIMINARY PLAT

Mr. Wheeler informed the Board that the applicant is still not present and noted that two members of the audience are present to comment. Mr. Wheeler recommended that the item be tabled. Consensus of the Board is to hear what the citizens have to say.

Ms. Audrey Lynn Stockton, area resident expressed concern with dust mitigation and the lack of required improvement to the county road.

Ms. Camille Irvin expressed concern with the location of the proposed driveway and the affect it would have on her property when it rains. The last big rain, Ms. Irvin continued caused flooding.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Harvey Rolling Hills Planned Land Division Preliminary Plat to June 3, 2002 at 3:00 p.m.

Motion carried 3 - 0.

Other Business:

M O T I O N

Commissioner Rennels moved that the Board approve a temporary 3.2% Liquor License to Ventex LLC and authorize the Chair to sign the same.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board

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