LARIMER COUNTY PLANNING COMMISSION
Minutes of March 16, 2016
The Larimer County Planning Commission met in a regular session on Wednesday, March 16, 2016, at 6:30 p.m. in the Hearing Room. Commissioners’ Christman, Couch, Cox, Gerrard, Glick, Miller, and Wallace were present. Commissioner Dougherty and Miller were absent. Commissioner Jensen presided as Chairman. Also present were Matt Lafferty, Principal Planner, Rob Helmick, Senior Planner, Rebecca Smith, Planner I, Clint Jones, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Recording Secretary.
The Planning Commission went on a site visit to Cox Subdivision, Sweetwater Acres PLD/PD, and Sykes MLD Rezoning.
COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE:
None.
COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:
None.
APPROVAL OF THE MINUTES FOR THE FEBRUARY 17, 2016 MEETING: MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Glick. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
None.
CONSENT ITEM:
ITEM #1 SYKES MLD REZONING #15-Z1991: Ms. Smith provided background information on the request to rezone Lots 1 & 2 of the Sykes Minor Land Division from B-Business to C-Commercial at the property located at 1952 Highway 402, Loveland; which was situated on the south side of Highway 402, approximately three miles west of I-25.
DISCUSSION:
Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval the Sykes MLD Rezoning, file #15-Z1991, for the property described on “Exhibit A” to the minutes, subject to the following conditions:
1. Any change of the use of the properties included in this rezoning request are subject to Site Plan Review and must meet Section 8 of the Larimer County Land Use Code standards.
Commissioner Glick seconded the Motion.
Commissioners’ Christman, Couch, Cox, Gerrard, Glick, Wallace and Chairman Jensen voted in favor of the Motion.
MOTION PASSED: 7-0
ITEM #2 SWEETWATER ACRES PLANNED LAND DIVISION/PLANNED DEVELOPMENT #16-S3365: Mr. Helmick provided background information on the request for a Preliminary Plat and Planned Development Zoning for a one lot subdivision intended to remove the development restriction on Lot 1 of the Hanna Minor Land Division. The Hanna MLD is located at the north end of Havel Drive north of Vine Drive. The request includes an appeal to Section 8.1.1.4 of the Larimer County Land Use Code to allow an individual wastewater system on the site.
DISCUSSION:
Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Sweetwater Acres Planned Land Division, file #16-S3365, for the property described on “Exhibit B” to the minutes, subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Sweetwater Acres Planned Land Division a Planned Development Zoning file # 16-S3365, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Sweetwater Acres Planned Land Division a Planned Development Zoning.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply.
3. Residential fire sprinklers will be required in all new residential structures.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. 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 Building 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.
6. Approval of the appeal to allow an individual on site waste water treatment system.
7. Approval of the appeal to the connectivity and surfacing standards of the Urban Area Street Standards.
Commissioner Glick seconded the Motion.
Commissioners’ Christman, Couch, Cox, Gerrard, Glick, Wallace, and Chairman voted in favor of the Motion.
MOTION PASSED: 7-0
Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Sweetwater Acres Planned Development, file #16-S3365, for the property described on “Exhibit B” to the minutes, subject to the following conditions:
1. The rezoning shall be effective upon the recordation of the final plat of Sweetwater Acres Planned Land Division.
2. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Sweetwater Acres Planned Land Division are as follows:
Agricultural
Agricultural labor housing (S)
Apiary (R)
Commercial poultry farm (S)
Equestrian
operation (PSP/MS/
S)—See section 4.3.1
Farm (R)
Garden supply center (S)
Greenhouse (R)
Pet
animal facility (MS/
S)—See section 4.3.1
Pet
animal veterinary clinic/hospital (MS/
S)—See section 4.3.1
14.
Sod farm, nursery (R)
Tree farm (R)
Residential
Dwelling, cabin (R)—See section 4.3.2
Group home (R)
Group home for the aged (R)
Group home for the mentally ill (R)
Group home for the developmentally disabled (R)
Single-family dwelling (R)
Storage buildings and garages (R)—See section 4.3.2
Institutional
Cemetery (S)
Child/elderly care center (S)
Church
(MS/
S) See section 4.3—See section 4.3.4
Community
hall (MS/
S)—See section 4.3.4
School, nonpublic (S)
State-licensed group home (S)
Recreational
Shooting range (S)
Accommodation
Bed
and breakfast (MS/
S)—See section 4.3.6
Industrial
Small solar facility (R/PSP)
Small wind energy facility (MS)
Utilities
Commercial
mobile radio service (SP/
S) -See section 16
Lot, building and structure requirements:
· Minimum lot size:
· 100,000 square feet (2.3 acres) if a well or septic system is used.
· 21,780 square feet (0.5 acre) if both public water and sewer are used.
· Maximum density in a conservation development is calculated by dividing the total developable area by the required minimum lot size. Maximum density in a rural land plan is determined by subsection 5.8.6.A. Lots in a conservation development or rural land plan that use a well or an individual septic system must contain at least two acres (87,120 square feet). Lots in a conservation development or rural land plan connected to public water and either a public sewer or community sewer system are not required to meet minimum lot size requirements (except for the purpose of calculating density).
· Minimum required setbacks: (If more than one setback applies, the greater setback is required.)
· Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.
· Side yards—Five feet.
· Rear yards—Ten feet.
· Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).
· Maximum structure height—40 feet.
· No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.
Commissioner Glick seconded the Motion.
Commissioners’ Christman, Couch, Cox, Gerrard, Glick Wallace, and Chairman Jensen voted in favor of the Motion.
MOTION PASSED: 7-0
ITEM #3 COX SUBDIVISION #15-S3361: Mr. Helmick provided background information on the request for a Preliminary Plat to subdivide 40 acres into two lots, one of 5 acres and one of 35 acres, located west of County Road 17 north of County Road 66.
DISCUSSION:
Commissioner Wallace stated that she would be voting against the subdivision. She understood the applicant’s desires; however, the Waverly area was mostly comprised of 10 acre parcels or more, and she believed that the second lot should be a 10 acre parcel not a 5 acre parcel. She believed approving this would start in motion requests for more smaller acre lots in the area, which was not what the community was based upon.
Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Cox Subdivision, file #15-S3361, for the property described on “Exhibit C” to the minutes, subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Cox Subdivision Preliminary Plat file #15-S3361, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Cox Subdivision Preliminary Plat.
2. The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
3. Fire Requirements Residential fire sprinklers will be required in all new habitable buildings.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. 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 Building 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.
6. Additional ROW shall be dedicated on CR 17, as request by the Engineering Department.
7. Applicant prior to completion of the Final Plat shall address the concerns of the State Engineers Office, with respect to the existing well on site.
Commissioner Glick seconded the Motion.
Commissioners’ Christman, Couch, Cox, Gerrard, Glick and Chairman Jensen voted in favor of the Motion.
Commissioner Wallace voted against the Motion.
MOTION PASSED: 6-1
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings.
ADJOURNMENT: There being no further business, the hearing adjourned at 7:00 p.m.
These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.
_______________________________ ______________________________
Jeff Jensen, Chairman Mina Cox, Secretary
EXHIBIT A
Lot 1 & Lot 2 Sykes MLD
EXHIBIT B
A parcel of land, located in the Southwest Quarter (SW1/4) of Section Four (4), Township
Seven North (T. 7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.),
County of Larimer, State of Colorado and being more particularly described as follows:
Lot One (1), Amended Plat of Hanna M.L.D. No. S-110-92 as recorded July 2, 2003 as Reception
No. 20030082674 of the Records of the Larimer County Clerk and Recorder.
Said described parcel of land contains 6.085 Acres, more or less (±), and may be subject to any
rights-of-way or other easements of record or as now existing on said described parcel of land.
EXHIBIT C
SE 1/4 of NE 1/4 of Sect 22, Twn 9 N , Range 69 W of the 6 th P . M., County of Larimer, State of Colorado, being more particularly described as follows, to wit; considering the East line of said Northwest ¼ as bearing S00 ° 10’14"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the East 1/4 corner of said Section 22, and run thence along the
South line of said Northeast 1/4, S89 ° 51 '07"W 1285.66 feet to the Center-East 1/16 Corner of
said Section 22; thence along the West line of the Southeast 1/4 of said Northeast 1/4,
N00° 17' 58"W 1319.62 feet to the Northeast 1/16 Corner of said Section 22; thence along the
North line of the Southeast 1/4 of said Northeast 1/4, N89°54' 58"E 1332.12 feet to the North 1/16
Corner on the East line of s a id Section 22; thence along the East line of said Northeast 1/4,
S00° l0'04"E 1317.86 feet to the point of the beginning, containing 40 . 2827 acres, more or less.
