Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 3, 2002

LAND USE HEARING

(#56)

The Board of County Commissioner met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Matt Lafferty and Sean Wheeler, Planners II; Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Mark Peterson, County Engineer; Roxanne Hayes, Civil Engineer; Rich Grossman, Environmental Health; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following item is consent and would not be discussed unless requested by the Board or members of the audience.

1. HMS RICHARDS SCHOOL SPECIAL REVIEW: SE 1/4 35-05-69: ON THE WEST SIDE OF S. GARFIELD AVENUE, JUST NORTH OF STATE HIGHWAY 60 AND WEST OF US 287 BETWEEN LOVELAND AND CAMPION.

Mr. Wheeler requested that condition 9, regarding safety issues be removed due to redundancy.

This is a request for a Special Review of an application to allow the construction of a 38,000 Square Foot Elementary School in the R-1 Zone District. Staff recommendation is approval with the following conditions 1. Operation of the HMS Richards School shall be as specified in the representations of the applicant and in the information contained in file #01-Z1418 unless modified by these conditions of approval; 2. A Final Site Plan review is required under Section 6 of the Land Use Code. Approval of the Final Site Plan is required before an application for a building permit can be accepted by the Building Department; 3. The applicant shall provide a Final Development Agreement for approval by the County, as a part of the Final Site Plan review, to be recorded with the Final Site Plan; 4. The applicant must pay the Capital Transportation Expansion Fee, the Development Construction Permit Fee and the Drainage Basin Fee, as noted in the County Engineer's comments dated 12-18-2001; 5. The applicant will provide a signed annexation agreement with the City of Loveland as part of the Final Site Plan review; 6. The applicant must provide a Letter of Commitment for water to serve the request as part of the Final Site Plan review; 7. The applicant shall fully address and resolve the traffic and off site engineering issues as indicated by staff in the letter dated December 18, 2001; 8. The applicant shall provide a written agreement with the Campion Later Ditch Company with respect to impacts of the development specifically drainage.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the HMS Richards School Special Review as amended and outlined above.

Motion carried 3 - 0.

  1. BOYD PIT FLOOD PLAIN SPECIAL REVIEW: SECTION 19, TOWNSHIP 5 NORTH, RANGE 68 WEST

This is a request to approve the FloodPlain Special Review based on the Flood Review Board's recommendation. Staff finding is that the review criteria in Section 4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is 1. That all the mining area within the existing condition 100-year flood plain be reclaimed to the approximate original contours; 2. That the mining schedule plan generally follow Figure 4.1 plus or minus 30 days, provided that the area be backfilled prior to April 15, 2004; 3. That either the County or the State acquire sufficient assurance, possibly through bond or some other

mechanism, that the reclamation plan be completed within the proposed schedule; 4. That this recommendation also be forwarded to the State Department of Mining and Reclamation; 5. That the applicant revise, resubmit and obtain approval from the State for the revised reclamation Plan.

Mr. Peterson stated that the FloodPlain Review Board is recommending approval of the Boyd Pit with conditions as outlined; and the applicant , Mr. Peter Weyland concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Boyd Pit Special Review as presented and outlined above.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open item #1 HMS Richard School for public comment.

Motion carried 3 - 0.

Ms. Marguerite Haggle requested that a fence be installed along the properties on the East Side of Garfield in order to mitigate dust and noise to residents due to increased traffic.

Mr. Wheeler stated that staff is still working with the applicant to address concerns and would include a fence but could not guarantee the outcome.

4. CACTUS ROSE DEVELOPMENT ZONING VIOLATION: 112 BUENO DRIVE

This is an alleged violation of Section 21.1A: "It is unlawful to...develop real property...in any way...without first obtaining all land use approvals..." and Section 6.2A(2) "Site plan review is required...prior to any change in use...of an existing...non residential structure...". Staff findings are 1. The property is zoned C-Commercial; 2. The footings have been poured for a structure without the benefit of Site Plan Review; 3. The footings have been poured for a structure without the benefit of a building permit; 4. Site Plan Review is required for all commercial change is uses; 5. No Site Plan Review has been pursued by the owner/future occupant of the property, despite notice to the property owner. Staff recommendation is 1. Find that a violation exists; 2. Require that Site Plan Review be submitted within 60 days; 3. Require that the use cease if the Site Plan Review is not completed within 60 days; 4. Require that a building permit be obtained for the footings or that they be back filled within the 60 days; 5. Authorize legal action if these deadlines are not met.

Mr. Scavo, President of Cactus Development noted that site review is in progress but is grossly inadequate. The development, Mr. Scavo continued was platted and approved in the 1970's and that this is an infill lot. Mr. Lafferty provided history on the project and noted that there has been no progress since the owners were made aware of the violation in January 2002.

Mr. Scavo stated that the subdivision downstream is not cooperating with respect to stormwater mitigation, but that negotiations are ongoing and requested that the 30-day requirement be changed to 60-day compliance requirement.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists and require compliance as amended and outlined above.

Motion carried 3 - 0.

5. SCAVO ZONING VIOLATION: 409 S. SUMMIT VIEW DRIVE

This is an alleged violation of Section 21.1A: "It is unlawful to...use real property...in any way...without first obtaining all land use approvals..." and Section 6.2A(2) "Site plan review is required...prior to any change in use...of an existing...non residential structure..." Staff findings are 1. The property is zoned C-Commercial; 2. There is a landscape materials business operating from this parcel; 3. There is outdoor sales & storage of landscape materials on this parcel; 4. Trucks hauling materials to and from this parcel access the parcel from S. Summit View & East Mulberry Street, therefore increasing traffic; 5. Site Plan Review is required for all commercial change is uses; 6. No Site Plan Review has been pursued by the owner/occupant of the property, despite notice to the property owner. Staff recommendation is 1. Find that a violation exists; 2. Require that Site Plan Review be submitted within 60 days; 3. Require that the use cease if the Site Plan Review is not completed within 90 days; 4. Authorize legal action if these deadlines are not met.

Ms. DeLude stated that upon inspection of the site this morning, the sign violation has been removed, but that the property owner is still violating the requirement for site plan review. Mr. Ken Scavo stated that he is the agent in fact for Robert Scavo, his father and provided 20-years of use for the site; noting that the fencing and landscaping use has been ongoing and that the current business is a return to that most prominent use.

Mr. Lee Tucker stated that he filled the site back in the 70's and that it was nothing but a swamp prior to being filled.

Mr. Helmick stated that the site review process is necessary for safety issues. Much discussion ensued regarding the status and uses of the site. Commissioner Bender asked if the applicant could appeal the required site plan process and/or costs and Ms. Haag stated that an applicant could appeal to the Board.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists and require compliance as outlined above.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners waive the timeframes noted in Section 20.2.2(a) of the Land Use Code relating to an appeal for the Scavo Zoning Violation.

Motion carried 3 - 0.

Tabled from May 6, 2002:

2. HARVEY ROLLING HILLS PLANNED LAND DIVISION (PLD) PRELIMINARY PLAT: 18-08-69; ON THE NORTH SIDE OF US 287 APPROXIMATELY 2 MILES NORTHWEST OF LAPORTE

This is a request for a Preliminary Plat for a Planned Land Division to create 3 residential lots at a 62.9-acre site. The lots will be approx. 10 acres, 28 acres and 32 acres in size. Staff recommendation is approval of the Harvey Rolling Hills Planned Development with the following conditions 1. The Final Plat of the Harvey Rolling Hills Planned Land Division shall be consistent with the information contained in the file, #00-S1547 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre R1 School fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. A Development Construction Permit from the County Engineer is also required following approval of the Final Plat and prior to beginning construction at the site; 3. The applicant shall provide a Final Development Agreement, the Disclosure Notice, and the Final Shared Well Agreement (if a well is allowed) for approval by the County as a part of the Final Plat and to be recorded with the Final Plat. The Disclosure Notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to, the issues related to rural development, the requirement for engineered footings and foundations, the need for passive radon mitigation, the shared well agreement and other issues related to compliance with the Larimer County Land Use Code; 4. The applicant must comply with conditions 1-5 as listed in the letter dated November 19, 2001 from the Larimer County Department of Health and Environment; 5. The Final Plat must be revised to show the correct Lot labels as Lots 1, 2 and 3; 6. The Final Plat shall comply with the Land Use Requirements for the proper sizing of lots. Lot 3 shall be sized to comply with the Lot Size Ratio requirements in Subsection 8.14.2. in the Land Use Code. The lot line between Lots 1 and 2 shall be straightened and set at a right angle, or near right angle, to the rear lot line; 7. The applicant shall comply with the requirements of the Poudre Fire Authority and provide a design for the residential sprinkler system, to be reviewed and approved by the Fire Authority as part of the building permit process; 8. The applicant shall provide a management plan that addressed the issues of grazing and weed control, and complies with the Standards in Section 8.10 of the Land Use Code. The management plan must be reviewed and approved by Staff prior to recording the final plat; 9. The applicant must coordinate with the Colorado Department of Transportation for their review and approval of the final drainage plan; 10. The residential use on Lot 1 is subject to architectural restrictions. It must be a single-story structure, which can not measure more then 15-feet from the pre-construction existing grade to the peak of the roof. If the plan includes a walkout basement on the side of the structure facing either U. S. Highway 287 or County Road #23E, the owner must provide a landscaping plan for approval by the Planning Department to screen the use. The building permit application for the residential use on Lot 1 must also include profile information that shows both the pre-construction, existing grade and the finished grades for any proposed structures on Lot 1, to ensure compliance with this condition; 11. Access to all three lots shall be provided by a 60-foot right-of-way that runs along the east property line for the site. 60-foot ROW shall be built to 24-foot Local Road Standards. The applicant shall also dedicate a maintenance and access easement to the shared well off of the access road serving the residential lots.

Mr. Wheeler requested that proposed condition of approval 4 be deleted since it is repetitive. Mr. Wheeler also clarified that height restrictions proposed are for the residence on lot 1 only. Mr. Gary Weixelman, the applicant agreed with the conditions as proposed and modified by staff, but requested the originally proposed access be approved.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Harvey Rolling Hills Planned Development as amended and outlined above.

Motion carried 3 - 0.

6. HALFACRE ZONING VIOLATION: SECTION 15-TOWNSHIP 9-RANGE 68. NO ADDRESS ASSIGNED - APPROXIMATELY 5/8 OF A MILE SOUTH OF OWL CANYON ROAD (COUNTY ROAD 70)

This is an alleged violation of Section 4.1.5 : Outdoor storage is not a permitted use in the O-Open zoning district, and Section 4.1.5: Recycling is not a permitted use in the O-Open zoning district. Conditions at the site are in violation of Colorado Regulations Pertaining To Solid Waste Disposal Sites and Facilities 6 CCR 1007-2. Staff findings include 1. Special Review was conditionally approved by the Board of County Commissioners in 1975; 2. The approval was for a wrecking yard, heavy equipment storage facility and a lumberyard in the O-Open zoning district; 3. The property has been used for such purposes since that time; 4. Dallas Halfacre owns and operates a tire recycling business. He is storing the tires there; 5. The owner of the property has asked Mr. Halfacre to remove the tires and, to date, it has not been done; 6. The property is in violation of the Larimer County Land Use Code; 7. The site is in violation of Colorado Regulations Pertaining To Solid Waste Disposal Sites and Facilities In The State Of Colorado. Staff recommendation is 1. Find that a violation exists; 2. Require Dallas Halfacre to remove the tires from this parcel within 30 days to an approved location. Manifest confirming the new location and local jurisdiction approval will be necessary; 3. Authorize legal action if this deadline is not met.

Ms. DeLude briefed the Board regarding the violation and noted that a site visit was made this morning, inclusive of pictures, and that the tire pile continues to grow. Ms. DeLude further stated that a phone call was received from the Wyoming Department of Health and Environment notifying staff that Mr. Halfacre has been required to remove tires from that State and was told that he would be relocating them to Fort Collins and Pueblo areas. Mr. Grossman stated that the Colorado Solid Waste regulations require that a certificate of designation be received by the applicant from the Board of County Commissioners via the Planning Department after review and recommendation. Such certificate has not been issued and Mr. Halfacre is also in violation of State regulations.

Mr. Dallas Halfacre, lessee of the property noted that he has removed over 15,000 tires in parts only and over 22, 000 tires have been removed in the last year. Mr. Halfacre stated that his "grinder" had been sent to the Midwest for repairs and requested 60 - 90 days to remove the tires and provide certification of where the tires go.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners recognizes that the site is already in violation of local and State regulations and find a violation exists and require compliance as recommended by staff and outlined above.

Motion carried 3 - 0.

At this time the hearing recessed at 4:45 p.m.

LAND USE HEARING

(#57, 58, 59)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Rex Burns, Engineering; K-Lynn Cameron, Open Lands Manager; David Karan, Planner II; Doug Ryan, Environmental Planner; Christie Coleman, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. HIDDEN VALLEY ESTATES II PRELIMINARY RLUP: SECTIONS 8, TOWNSHIP 5, RANGE 69; LOCATED APPROXIMATELY 1.5 MILES WEST OF WILSON AVENUE IN THE CITY OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34.

This is a request to divide 159.11 acres into 10 single-family home sites on approximately 50 acres and approximately 109 acres of residual land (private open space). Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Hidden Valley Estates II Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space and wildlife habitat; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current annexation into the City of Loveland of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

The site-based incentives (5 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below:

    • Perpetual protective covenant on residual land
    • Preservation of open space and wildlife habitat
    • Homeowners association protective covenants with architectural controls
    • Transportation capital expansion fees received from the project
    • School and park fees received from the project
    • Fewer residences than likely allowed through subdivision process
    • Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels

Mr. Reidhead stated that the second item to be heard before the Board is contingent upon favorable action by the Board on this item. Although there are two separate items, Mr. Reidhead continued, the proposals are considerably intertwined and that whatever the outcome, the potential maximum number of single family dwelling units combined in Phase I and Phase II, would be 25. Mr. Reidhead noted that this item is currently located within the City of Loveland and that the 2nd reading for De-annexation of this parcel will go before the council June 17, 2002 in the evening. Mr. Reidhead further confirmed that the City of Loveland has agreed to provide water to both phases of Hidden Valley.

Mr. John Barnett, representative for the applicant provided background regarding Phase II and the already approved Phase I and updated the Board regarding the proposed new access off Highway 34 and the location of a new trailhead for the Backbone Trail.

At this time the hearing was opened to the public and Ms. Sandra Brewer asked what kind of improvements would be required by the Colorado Department of Transportation for the access off Highway 34.

Ms. Kathy Hartman, member of Save the Backbone Valley (SBV) noted the following concerns 1. Lack of public benefit; 2. SBV's interest in purchasing the entire valley; 3. Location of building envelopes; 4. Lack of sensitivity to the environment, wildlife and viewsheds; and 5. If approved, require architectural controls to blend with the environment.

Mr. Tom Miller stated that Larimer County has spent tax payer dollars to acquire the eastern side of the backbone as open space and suggested the western side also be purchased due to the encroaching impacts of dirt bikes, the old dump, etc. Mr. .Miller also suggested that the units be moved further south on the parcel since the "34 Corridor" is already gone.

Mr. George Coll, property owner adjacent to the existing "temporary" trailhead parking, stated that the current proposal addresses concerns of existing resident of Wild Lane.

Mr. Paul Larson opposes any additional development in the valley.

Mr. James Williams requested that the Board consider the value of open space and noted that more than half of the citizens present oppose the project. However, if approved, Mr. Williams asked that the location of the sites be reconsidered.

Ms. Michelle Mast stated that she likes to view the wildlife in the valley and would be sad if they go away due to development.

Mr. Bill Jenkins stated that he opposes approval of the project and asked what benefit it provides to Larimer County if approved? Mr. Jenkins requested the Board comply with the vision and mission statements hanging in the hearing room and "Just say NO!"

Ms. Valerie McCulla asked the Board to be gentle with the earth and keep the valley pristine.

Ms. Peggy Burch stated that the Devil's Backbone is one of Loveland's outstanding landmarks and the uniqueness should be protected.

Mr. Ramon Ajero stated that he opposes the proposal and agrees with previous statements made. Mr. Ajero stated that the complexity of the project, as stated by staff, does a disservice to the public process and asked that the following be addressed 1. A summary of the dissenting opinions of Rural Land Use Board members; 2. What the originally proposed number of units was and the quantifying community benefits for 100% bonus units. Mr. Ajero noted that other options exist to landowners for fair compensation and that development is not the only recourse.

Mr. Doug Biglow stated that Wild Lane and the current trailhead are like a zoo and area residents have had to tolerate the impacts.

Mr. Greg Wild, adjacent property owner of the proposed site, noted that he holds a recorded easement across the parcel and has a historic access across Phase I, which he will continue to utilize whether gated or not. Mr. Wild provided public notice that if his historic access becomes gated and he can not get through at will, the gate will be taken down.

Mr. Pat Fossen stated that he agrees with Ms. Mast and the mission statement and requested the Board uphold said statement.

Mr. Jane Anetrini stated that she agrees with the need to relocate the trailhead but reiterated that development is not the only compensation available to the owners.

Ms. Nancy York stated that the Devil's Backbone is one of Larimer County's treasures and asked the Board to deny the project and purchase the land as open space.

Mr. Jim Svedman, President of Louden Irrigation Company, requested the applicant work with Mr. Randy Starr, attorney for the company, because the ditch needs to be protected and access available to the spillway. A 100-foot ROW exists along the ditch but questioned how the company could access it if there is a locked gate. The Irrigation Company needs an iron clad agreement with the developer since the County does not require the ditch company to sign off on the development.

Ms. Mary Giles-Putney requested other options be pursued to find a solution that would bless all parties for Larimer County's own Dakota Cathedral.

Mr. Ken Binetti stated that he agrees with previous statements opposing the project and noted that public value and support exists for the preservation of the land.

Ms. Rene' Zahourek suggested that the Board be "forward thinking" and asked what if Rocky Mountain National Park had not been preserved by visionaries long ago? The site as open space could general revenue for the County. The Backbone, Ms. Zahourek asked what will matter 50-years from now- homes or the preserved land. Ms. Zahourek stated that SBV is trying hard to raise funds to purchase the land and asked the Board for additional time.

Mr. Robert Baillie noted that he also agrees with previous statements opposing the project as well as the email received from Randy Fischer. Mr. Baillie stated that the project is not a benefit to the public and that preservation is a benefit.

Mr. Barnett rebutted noting that the applicant is continuing to work with the Louden Ditch Company regarding the easement. A public benefit is a trailhead to the open space, which, if not for these property owners would not exist. Mr. Barnett stated that the majority of those providing public comment tonight never showed at any of the previous public hearings or community meetings. Mr. Barnett stated that the property owners are willing to divide the land into 35-acre parcels, which would provide the same number of units, but would have no County or public input. Furthermore, Mr. Barnett continued the landowners have given notice to the County to cancel the current trailhead lease, at which time there would be no public access at all to the Backbone.

Mr. Barnett stated that the landowners are still willing to negotiate and consider other options, but none have been formally presented. Sites are located to the north of the parcel, Mr. Barnett continued at the request of the City of Loveland and compliance with their Comprehensive Plan to preserve the "Gateway".

Commissioner Rennels asked for clarification regarding the Wild family access to their property if the access is gated. Mr. Barnett stated that the applicant would respect any prescriptive rights and will continue to negotiate with the Wild family.

Ms. Cameron addressed the proposed trailhead location as well as the verbally agreed upon regional trail easements. Commissioner Rennels asked how much was spent on the current open space and Ms. Cameron stated the purchase was slightly over one million.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open public comment to address the open lands portion of the project only.

Motion carried 3 - 0.

Ms. Brewer stated that area residents were originally told that the current access would only be temporary, and from what she has heard, if this project is not approved, that assess would be the permanent access. The concern, Ms. Brewer continued is that because it was presented as temporary, no drainage report or traffic impact study was submitted.

Mr. Williams clarified that SBV supports moving the trailhead but without the development.

Mr. Jenkins noted the appearance of a "back door deal" occurring for the lease of the current trailhead.

Mr. Miller stated that the trailhead is being held hostage by the developer.

At this time the hearing was closed to the public and Commissioner Bender stated that he believes the County visions have been met through ongoing negations between all parties. Commissioner Bender further noted that the project does provide public benefit by the relocation of the trailhead, improved drainage, and improvements to the old dump and mines.

Commissioner Rennels wished money existed to purchase for additional open space and noted that public negotiations are difficult to listen to and deal with. Commissioner Rennels reiterated that the property owner could have chosen to do a 35-acre development, with no County or public input and noted that each of those 35-acre lots could be further subdivided in the future. Chair Gibson concurred and noted a higher cumulative impact had that option been utilized.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Hidden Valley Estates II Preliminary Rural Land Use Plan as presented and outlined above with the number of units allowed by State and Rural Land Use Center regulations, but in no event shall the number of units in Phase II exceed 12. If Phase I and Phase II are combined at a future date, the total number of units may not exceed 25.

Motion carried 3 - 0.

2. HIDDEN VALLEY ESTATES REVISED PRELIMINARY RURAL LAND PLAN: SECTIONS 5, 6, 7, AND 8, TOWNSHIP 5, RANGE 69; LOCATED APPROXIMATELY 2 MILES WEST OF WILSON AVENUE IN THE CITY OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, EAST OF THE DEVIL'S BACKBONE.

There are three parts to this request: 1) To revise the preliminary approval of the Hidden Valley Estates Rural Land Plan to exclude approximately 7.45 acres from the total land assembly. This would reduce the total land assembly to approximately 245 acres. In turn, the project request would be to divide 245 acres into 13 single-family residential lots (a reduction of two lots) on about 65 acres (each lot being approximately 5 acres in size and each allowed one single-family dwelling). The remaining 180 acres will be protected from further development in perpetuity. 2) To amend Findings and Resolution Approving the Hidden Valley Preliminary Rural Land Plan condition of approval number 13 pertaining to designation of zoning classification for land proposed for de-annexation; and 3) To obtain approval to relocate one lot from this project to adjacent Hidden Valley Estates II RLUP project, resulting in 13 remaining residential lots in this project and up to 11 in adjacent Hidden Valley Estates II RLUP project.

Mr. Reidhead briefed the Board regarding the proposed revisions to the project pointing out that the total number of lots for this preliminary plat would be reduced by two: lot four will be eliminated and lot 3 will be moved to the adjacent parcel know as Hidden Valley Estates II RLP.

Mr. John Barnett, representative for the applicant stated that the applicant is in agreement with the staff presentation and conditions. Ms. Cameron stated that the Open Lands Board prefers lots 13, 14, and 15 from this project be moved to the adjacent parcel, not lots 3 and 4.

Ms. Kathy Hartman stated that the calculation for density distorts the intent of the bonus units being proposed. In speaking with staff from the City of Loveland, Ms, Hartman continued there seems to be a conflict regarding the placement of homes in the southern portion of the adjacent parcel. Ms. Hartman requested a conservation easement be placed on the residual land for protection.

There being no further public comment, Mr. Barnett reiterated the public benefits from both phases of the Hidden Valley projects and noted that de-annexation of the Phase II parcel would prevent the potential development of many more homes. Mr. Barnett stated that the applicant is still negotiating with a 3rd party for a conservation easement on the residual land.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the revised Hidden Valley Estates Preliminary Rural Land Plan as presented and outlined above. If Phase I and Phase II are combined at a future date, the total number of units may not exceed 25.

Motion carried 3 - 0.

3. STREAMSIDE PLANNED LAND DIVISION: 10-07-68; ON THE SOUTH SIDE OF CR48, VINE DR., ALONG BOXELDER CREEK, 1/2 MILE E OF I-25.

This is a request for Preliminary Plat Review of a Planned Land Division for 128 single family residential lots, average lot size 7,915 sq. ft., on 70 acres and a rezoning request to Planned Development. Staff recommendation is approval of the Rezoning to Planned Development subject to the following conditions:

Rezoning to Planned Development (PD) will not be effective until the final plat for Streamside Planned Land Division has been approved by the Board of County Commissioners and the plat has been recorded. The rezoning shall be null and void if the plat is not recorded pursuant to the requirements of the Larimer County Land Use Code.

Uses allowed by right

Single family dwelling. On the portion of the property east of the channel for Boxelder Creek, all agricultural by-right uses allowed in FA-1 (Farming) district except packing facilities.

Accessory and Temporary uses

Group homes (that are allowed by right in the FA-1 and R zoning districts).

Home occupations complying with Section 4.3.10.B.1-5 or as amended.

Storage buildings and garages in compliance with Section 4.3.10.D or as amended.

Guest quarters complying with Section 4.3.10.F.1-5 or as amended.

Uses allowed by Special Review

Trail/Trail head.

Building Setbacks

Setbacks (front = 20 feet, side = 6 feet, rear = 20 feet.

Minimum Lot size (sq. ft. or ac.)

7,000 square feet.

Lot ratios

Width-to-depth - 1.5:1

Depth-to-width - 3:1

Maximum Building height

The maximum building height shall be 40 feet measured from the average elevation of the finished grade to the highest point on a structure with the exceptions specified in Section 8.19.1 (LCLUC).

Sections 8.17 Setbacks from Highways and County Roads

All buildings will be set back a minimum of 130 feet from the centerline or 80 feet from the right-of-way line of County Road 48 whichever is greater.

Signs Section 8.7 (in accordance with all standards in Section 8.7.3 or as amended): two monument signs, one for each entrance from County Road 48 will be allowed with the following restrictions:

Maximum size of each sign - 3 square feet

Maximum monument height - 6 feet

Maximum monument width - 6 feet

Lighting 8.15

As shown for residential development in Section 8.15 or as amended.

Animals and other agricultural activities

All agricultural activities allowed by-right in the FA-1 (Farming) District except for packing facilities will be allowed on, and only on, the portion of the property east of the Boxelder Creek channel.

Amendments/Changes

Changes to approved uses, standards or other requirements may be made only following an amendment to the conditions of approval for the rezoning to the Planned Development.

Variances

Requests for variances to the standards or requirements set forth herein shall be processed as amendments/changes as noted above.

Staff recommends approval of Blocks 1-12 subject to the following conditions:

  1. All off-site improvements will meet Larimer County Urban Area Street Standards including needed improvements to County Road 48 adjacent to the site and any required changes on the portion extending to I-25. To the greatest extend physically and economically feasible the applicant shall coordinate the redesign of County Road 48 to pass the flow volumes estimated by the proposed flood plain study. As part of these requirements the applicant shall construct an Eastbound right turn deceleration lane into the easternmost street access as indicated in the first submitted Traffic Impact Study.
  2. The Final Plat shall not allow for basement construction in this development, unless the applicant provides proof on a lot-by-lot basis that the lowest habitable floor has at least three feet of separation from the seasonable water table.
  3. This approval shall be conditional on the applicant verifying the existence of the 80-foot wide access and drainage easement located to the southwest of the existing property.
  4. The street capacity for basins 2, 3, 4, and 5 at the River Run and Pebble Creek intersection would be exceeded in the 2-year storm. The applicant shall design and build the storm drainage piping required to bring this drainage into compliance.
  5. The four stubs for eventual connection of Blocks 1-4 with adjoining property will be constructed as depicted but gated to prevent any use of those road stubs. Alternatively, cul-de-sacs will be added to the submitted design to meet Poudre Fire Authority concerns and regulations.
  6. Landscaping in the green belt adjacent to the street for each individual lot will be completed by the developer prior to the issuance of certificates of occupancy for any dwelling unit on that lot. Leaving this landscaping installation to the individual builder or lot purchaser is not in accordance with County standards.
  7. Concerning site and street lighting, the applicant will demonstrate compliance with Section 15.2.1 of the Larimer County Urban Street Standards and Section 8.15 of the Larimer County Land Use Code.
  8. The Home Owners Association documents shall address the management and removal of all construction debris.
  9. A condition of approval shall be that the applicant supplies a detailed flood plain hydraulic study that meets the requirements of the City of Fort Collins. The flood study shall show the floodway boundary for the property based on a 0.5 foot rise criteria which is the criteria currently in use by the County for floodway delineation. The final grading plan shall show details of grading required so that any lots platted are outside the floodway, and are sufficiently elevated as to place them higher than the 100 year flood elevation taking into account any rise associated with fill placed outside the floodway. The final grading plan shall show details of measures required to assure stability of and acceptable velocities in the channel of Boxelder Creek in the event of a 100-year flood. The grading plan shall also show required lowest floor elevations for all structure in the development such that lowest floor levels are no lower than 1 1/2 feet above the computed flood water surface elevation.

Staff recommends approval of Blocks 13 & 14 (now consolidated into Block 13) subject to the following conditions:

  1. Approval of Block 13 will be based on the engineering drawings, site and landscape plans submitted on May 1, 2002. Deviations from those plans must be approved by the appropriate County staff.
  2. The proposed regrading of the new oxbow circles affects the historic drainage outlet of the land directly to the west of this property. As a result the applicant shall provide easements and design and build drainage culverts/features to allow the historic drainage patterns to continue. The applicant will pay for all construction and design costs and grant any required easements.
  3. The applicant shall verify the existence of the 80-foot wide access and drainage easement located to the southwest of the existing property including approval of the Boundary Line Adjustment and Amended Plat applications (file #s 02-S1969 and 02-S1968 respectively).
  4. The applicant shall supply a detailed floodplain hydraulic study that meets the requirements of the City of Fort Collins. The flood study shall show the floodway boundary for the property based on a 0.5 foot rise criteria which is the criteria currently in use by the County for floodway delineation. The final grading plan shall show details of grading required so that any lots platted are outside the floodway, and are sufficiently elevated as to place them higher than the 100 year flood elevation taking into account any rise associated with fill placed outside the floodway. The final grading plan shall show details of measures required to assure stability of and acceptable velocities in the channel of Boxelder Creek in the event of a 100-year flood. The grading plan shall also show required lowest floor elevations for all structures in the development such that lowest floor levels are no lower than 1 1/2 feet above the computed flood water surface elevation.
  5. The "ramp" up from Pebble Creek Drive's crossing of the wetland between Block 13 and Blocks 11-12 will be designed to such that there is no additional impact to the wetland or the Schlenzig property from altered drainage. The bridge or culvert at that crossing will not constrict flow during a 100-year or more frequent storm event.
  6. The incline connecting Block 13 to the Petersen MLD and providing secondary and emergency access will be designed such that there is no impact from altered drainage to the Schlenzig property or the features hydrologically connected to the Streamside PLD wetland/riparian complex.
  7. County approval of the Boundary Line Adjustment and Amended Plat applications that will secure secondary and emergency access to Block 13.
  8. Demonstration that delineated lots and building envelopes meet the minimum setbacks, comply with other County regulations, and provide sufficient area for construction of dwellings with marketable square footage. If the revised lots are later shown to be too small, irregular, or otherwise not feasible, the proposed location and configuration of Pebble Creek Drive and Oxbow Circle will remain in place. The proposed lots will be simply be combined. If any lots size or setback variances to Block 13 are needed, an amendment to the Planned Land Division will be required.
  9. The west embankment of Pebble Creek Drive adjacent to Block 13 will be graded or terraced with a "naturalistic" appearance with a maximum side slope of 4:1. No retaining wall(s) will be utilized.

Radon Mitigation:

Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

Fees:

The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. The County has recently adopted a Development Construction Permit and this application may be subject to those fees and associated conditions (Section 12.5 of the LCLUC). This proposal lies within a Drainage Basin and drainage fees will need to be calculated by Lisa Dunn, from the County Engineering office. The list of fees will be forwarded to the Building Department and collected at the time of building permit application for each lot in the Planned Land Division (Section 9.2 of the LCLUC).

Mr. Troy Jones, Planner for the City of Fort Collins stated that he supports the proposal and elaborated on the future annexation of the site. Mr. Jones also noted that the project is, in the City's opinion, located in the floodplain and would need to be elevated in the future.

Mr. Jack Luther expressed the following concerns 1. West entrance is hazardous due to poor line of sight; 2. Wetland and floodplain concerns need to be mitigated; 3. The proposed density is not compatible with adjacent lots.

Ms. Ann Slenzig, adjacent property owner stated concern with being annexed as stated by City staff. Ms. Slenzig further noted that her pasture is located next to the proposal and if elevated, would cause flooding of the pasture.

Ms. Coleman stated that conditions of approval require the applicant to address drainage issues at their expense.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Streamside Planned Development Preliminary Plat as presented and with revisions/ clarifications as stated in staff memorandum dated June 3, 2002.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 10:45 p.m.

ADMINISTRATIVE MATTERS

(#51)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Don Griffith, Emergency Services; Lynn Casseday, Chair of the Greeley Independence Stampede Committee; Dale Miller, Director of Road and Bridge; K-Lynn Cameron, Open Lands Manager; Jerry White, Engineering; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 28, 2002:
  3. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of May 28, 2002 as presented.

    Motion carried 3 - 0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF JUNE 10 AND 17, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of June 10, 2002 as presented.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of June 17, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as published on the consent agenda for June 4, 2002:

A02-72 GRANT AGREEMENT FOR PROGRAM YEAR 2002 FUNDING FOR WORKFORCE INVESTMENT ACT 5-YEAR PLAN MODIFICATION

A02-73 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR RIMROCK OPEN SPACE

A02-74 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR KERBEL CONSERVATION EASEMENT

C02-17 CONTRACT SUPPLEMENT #4 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LORIS AND ASSOCIATES

C02-18 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE ALLOCATION LETTER #03-08

C02-19 CONTRACT RENEWAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF CORRECTIONS, YOUTH OFFENDER SYSTEM FOR USE AND BENEFIT OF LARIMER COUNTY COMMUNITY CORRECTIONS

C02-20 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LINDA D. RUBIN AND RONALD B. VAUGHAN FOR THE PURCHASE OF PROPERTY ADJACENT TO 614 E. VINE

D02-13 DEED OF DEDICATION OF RIGHT-OF-WAY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEVEN H. AND SANDRA L. TURK FOR USE AS A PUBLIC HIGHWAY

R02-93 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT VACATING OR REDUCING THE WIDTH OF UTILITY AND DRAINAGE EASEMENT IN CLYDESDALE PARK PLANNED UNITY DEVELOPMENT, 1ST FILING

R02-94 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT FOR CRYSTAL LAKES, 11TH FILING

R02-95 FINDINGS AND RESOLUTION APPROVING THE LARIMER COUNTY LANDFILL MINOR LAND DIVISION

R02-96 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES, 1ST FILING

R02-97 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WEST HIAWATHA HEIGHTS

R02-98 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES, 9TH FILING

R02-99 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN GLEN HAVEN SUBDIVISION

R02-100 RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS FOR RIMROCK OPEN SPACE

MISCELLANEOUS: Amended plat of lots 98 and 111, Crystal Lakes 9th Filing; Amended plat of lots 8 & 9, Crystal Lakes 5th Filing; Amended plat of lots 34 & 35 Paradise Valley Estates; and Approval of Community Development Block Grant proposal to the State Division of Housing.

LIQUOR LICENSES: The following licenses were issued Riverbend Resort- 3.2%- Loveland, CO and Sandy's Convenience Store- 3.2%- Loveland, CO. The following licenses were approved Zippy's Liquor- Retail- Fort Collins, CO and Ptarmigan Club LLC- H & R- Fort Collins, CO.

Motion carried 3 - 0.

5. GREELEY INDEPENDENCE STAMPEDE PROCLAMATION: Mr. Casseday read a proclamation proclaiming Saturday, June 29, 2002 as Larimer County day at the Stampede.

6. TABLE SECOND READING FOR THE IMPOSITION AND COLLECTION OF ASSESSMENTS IN LIN MAR SUBDIVISION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the second reading and public hearing for an Ordinance for the imposition and collection of assessments in Lin Mar Subdivision to June 18, 2002.

Motion carried 3 - 0.

7. EXTEND WAIVER OF POLICY TO PREVENT THE DELETION OF POSITIONS IN THE ROAD AND BRIDGE DEPARTMENT: Mr. Miller stated that a request to protect 6 positions in the Road and Bridge Department until June 30, 2002 was previously granted by the Board. However, Mr. Miller continued a conscience decision was made to not fill those positions until the departments Employee Advancement Program was implemented, which is expected to occur by the end of June. Mr. Miller requested that the waiver of policy for the 6 positions be extended at least to December 31, 2002.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners extend the existing waiver of policy through December 31, 2002 for the 6 positions in Road and Bridge.

Motion carried 3 - 0.

8. JACOBY PROPERTY ACQUISITION: Ms. Cameron stated that the acquisition of this property is in partnership with GoCO and will provide a link for the Greeley/Weld County to Fort Collins/Larimer County regional trail and is also part of the Poudre Big Thompson Rivers Legacy Project. Ms. Cameron requested the expenditure of $720,000 from the Open Space Sales Tax for the Jacoby property.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $720,000 from the Open Space Sales Tax to acquire the Jacoby property upon receipt of a contract.

Motion carried 3 - 0.

9. EXTENSION OF FIRE BAN: Sergeant Griffith requested the Board extend the current fire ban through noon on July 17, 2002.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners extend the County Fire Ban through noon on July 17, 2002.

Motion carried 3 - 0.

  1. WORK SESSION: None

11. COMMISSIONER REPORTS: The Board individually noted their attendance at events the previous week.

12. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:15 a.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

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