LARIMER COUNTY PLANNING COMMISSION

Minutes of April 18, 2012

 

The Larimer County Planning Commission met in a regular session on Wednesday, April 18, 2012, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Dougherty, Hart, Jensen, Miller, Wallace, and Zitti were present.  Commissioner Glick presided as Chairman.  Commissioner Gerrard was absent.  Also present were Russ Legg, Rural Land Director, Rob Helmick, Senior Planner, Karin Madson, Planner II, Traci Shambo, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Recording Secretary. 

 

Mr. Helmick accompanied Commissioners Cox, Glick, Hart, Jensen, Miller, Wallace and Zitti on a site visit to Poudre Valley REA Solar Garden Location & Extent and Andelt Subdivision.

 

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 MARCH 21, 2012 MEETING:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

MOTION by Commissioner Cox to move Item #2 Amendments to the Larimer County Land Use Code – Housekeeping items #12-CA0122 to the consent agenda, seconded by Commissioner Jensen.  This received unanimous voice approval.

 

CONSENT ITEMS:

 

ITEM #1  POUDRE VALLEY REA SOLAR GARDEN LOCATION AND EXTENT #12-Z1878:  Mr. Helmick provided background information on the request for an 115,000 kW solar garden facility at their local office located on the south side of Highway 392 east of County Road 5 and west of REA Parkway.  The installation would be 400 solar panels that would be a non-tracking fixed mounted set of arrays 6-8 feet above existing grade.

 

DISCUSSION:

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Poudre Valley REA Solar Garden Location and Extent, file #12-Z1878, subject to the following conditions:

 

1.   The applicants shall submit and complete Site Plan Review prior to obtaining a building permit for these facilities.

2.   A landscape plan which addresses both the screening and replacment of the front yard (Hwy. 392) landscaping will be required as a part of the Site Plan. 

3.   All facilities shall be placed and fenced so that they will not interefere with the trail easement granted to the Town of Windsor. 

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #2  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – HOUSEKEEPING ITEMS #12-CA0122:   Ms. Madson provided background information on the request to make several housekeeping changes to Sections 3.4.E., 3.6.D., 4.9.1.A.,0.1 definitions, 12.2.10., 5.8.5.B.1.a., 12.3.1., 4.1.2., 4.1.3., 4.1.5., 4.1.6., 4.1.8., 4.1.9., 4.1.10., 4.1.14., 4.1.15., 4.1.16., 4.1.17., 4.1.18., 4.1.19., 4.1.21., the Section 4.1 Zoning Table, 8.2.2.E., 5.13.4.C.5.1., 5.3.3., 5.8.5.C.5.(1)(p), 5.7.3.B.,  and 12.1.D. 

 

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 Amendments to the Larimer County Land Use Code  - housekeeping items, file #12-CA0122, as follows:

 

1 .   Amend Section 3.4.E. as follows: 

E.  If there is uncertainty about the location of a zoning district boundary or other feature shown on the   official zoning maps, a determination will be made by the planning director. That decision can be   appealed to the board of adjustment county commissioners. 

 

2.    Amend Section 3.6.D as follows:

D.   Projects under review prior to code adoption or subsequent amendment. Any complete application for preliminary plat, preliminary phase plan, special review or rezoning submitted to the planning department for review prior to the adoption of this code will be reviewed under regulations in effect on the date of the application.

A project under review must proceed through the process in a timely manner. Any preliminary plat, preliminary phase plan, special review or rezoning not heard by county commissioners within six months of the adoption date of this code must comply with this code.

Any complete application for special exception or variance filed with the board of adjustment county commissioners prior to adoption of this code or subsequent amendment will be reviewed under regulations in effect on the date of the application. Any such application for special exception or variance not heard by the board of adjustment within six months of the adoption date of this code must comply with this code.

 

3.    Amend Section 4.9.1.A. as follows:

5. U.S. Highway 34 from Mourning Morning Drive east to the Weld County line.

 

 

 

 

 

4.    Amend to 0.1 definitions of “Junk vehicle” as follows:

 

Junk vehicle. A vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled or has all or portions of its body work missing or substantially damaged or is not registered with the State of Colorado as required by C.R.S. § 42-3-103 or by C.R.S. §§ 42-12-102 42-12-401 and 42-12103 42-12-402, and/or the number plate assigned to it is not permanently attached to the vehicle as required by C.R.S. § 42-3-123 42-3-202 or is lacking proper equipment to the extent that would be unsafe or illegal to use on public road rights-of-way or otherwise not equipped with lamps and other equipment as required by C.R.S. §§ 42-4-202—42-2-227 42-4-227. This definition does not include implements of husbandry, farm tractors, farm or ranch equipment or vehicles customarily operated in a farm or ranch operation.

 

5.     Amend the first paragraph of  Section 12.2.10 as follows:

The Rural Land Use Advisory Board (RLUAB) is appointed by county commissioners. It is comprised of seven nine members who serve three-year staggered terms.  Initial appointments are as follows: Two members having one-year terms; two members having two-year terms; and three members having three-year terms. The RLUAB will:

 

6.    Amend Section 5.8.5.B.1.a. as follows:

1.  A rural land use center (RLUC) is hereby created. The RLUC's purpose is to promote the purposes and objectives of the Larimer County Rural Land Use Process through negotiation. The following persons and groups will comprise the RLUC:

 

a.  Rural land use advisory board (RLUAB): The county commissioners will appoint the RLUAB. The RLUAB will be comprised of nine members who will serve three-year staggered terms. Appointments to the RLUAB by the board of county commissioners will represent a cross section of the county. The RLUAB:

(1)  Note: no change to this section.

(2)  Note: no change to this section.

(3)  Will promote the principles, purposes, and objectives of the rural land use process. Appointments to the RLUAB by the board of county commissioners will represent a cross section of the county.

 

7.  Amend the paragraph following the table in Section 12.3.1. as follows:

Legal notice of each public hearing must be published in a newspaper of general circulation in the area of the proposed project. The notice must include the date, time and place of the public hearing; a general description of the proposed project; a general description of its location; the legal description of the property; and the place where the application can be reviewed. The affidavit of publication is evidence of proof of publication. Notice of amendments to the text of this Code and legislative amendments to the official zoning map must be published in at least two newspapers of general circulation.

 

 

 

 

8.  Add the following uses under the appropriate category and renumber (#) the lists accordingly.

Add to Section 4.1.2. - FA-1 Farming:

      Recreational

#. Membership club (S)

#. Shooting range (S)

 

Add to Section 4.1.3. - FO-Forestry:

Recreational

#. Shooting range (S)

Agricultural

#. Feedyard (S)

#. Garden Supply Center (S)

 

Add to Section 4.1.5. - O-Open:

      Recreational

#. Membership Club (S)

 

Add to Section 4.1.6. - E-Estate:

Agricultural

#. Farm (R)

 

Add to Section 4.1.6. - E-1 Estate:

      Agricultural

#. Farm (R)

 

Add to Section 4.1.8. - RE-Rural estate:

      Agricultural

      #. Commercial poultry farm (S)

      #. Feedyard (S)

#. Sod farm or nursery (R)

      #. Tree farm (R)

 

Add to Section 4.1.9. - RE-1 Rural estate:

Agricultural

#. Farm (R)

 

Add to Section 4.1.10. - R-Residential:

Agricultural

#. Farm (R)

 

Add to Section 4.1.14. - M-1 Multiple-family:

Accommodation

#. Boarding/ rooming house (S)

 

 

 

 

Add to Section 4.1.15. - A-Accommodations:

      Recreational

#. Country club (S)

#. Golf course (S)

 

Add to Section 4.1.16. - T-Tourist:

Institutional

#. School, non-public (S)

Recreational

#. Country club (S)

#. Golf course (S)

Accommodation

#. Boarding/ rooming house (S)

 

Add to Section 4.1.17. – B-Business:

Institutional

#. Community Hall (SP)

Recreational

#. Country club (S)

#. Golf course (S)

Accommodation

#. Resort lodge/resort cabins (SP)

 

Add to Section 4.1.18. - C-Commercial:

Institutional

#. Community Hall (SP)

 

Add to Section 4.1.19. - I-Industrial:

Institutional

#. Community Hall (SP)

#. Rehabilitation facility (SP)

#. School, non-public (SP)

Accommodation

#. Hotel/motel (SP)

 

Add to Section 4.1.21. - AP-Airport:

Commercial

#. Flea market (S)

Institutional

#. Rehabilitation facility (S)

 

 

 

 

 

 

 

 

 

9.   Add the above uses into the zoning table as follows (note these are not listed in any particular order):

Category

Use

FA

FA-1

FO

FO-1

O

E

E-1

RE

RE-1

R

R-1

R-2

M

M-1

A

T

B

C

I

I-1

RFLB

AP

Accommodation

Boarding/ Rooming House

S

S

S

S

Accommodation

Resort Lodge/ Resort Cabins

S

S

S

S

S

S

S

Accommodation

Hotel/Motel

SP

SP

SP

SP

SP

SP

S

Agricultural

Garden Supply Center

S

S

S

S

SP

S

Agricultural

Feedyard

S

S

S

S

S

S

S

Agricultural

Farm

R

R

R

R

R

R

R

R

R

R

R

Agricultural

Commercial Poultry Farm

S

S

S

S

S

Agricultural

Sod Farm or Nursery

R

R

R

R

R

R

R

Agricultural

Tree Farm

R

R

R

R

R

R

R

Commercial

Flea Market

SP/S

SP/S

S

Institutional

School, Nonpublic

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

Institutional

Community Hall

MS/S

MS/S

MS/S

SP

SP

SP

SP/S

MS/S

Institutional

Rehabilitation Facility

S

SP

SP

SP

S

Recreational

Membership Club

S

S

SP

SP

SP

SP

SP

S

Recreational

Shooting Range

S

S

S

SP/S

SP/S

Recreational

Golf Course

S

S

S

S

S

S

S

S

S

S

Recreational

Country Club

S

S

S

S

S

S

S

S

S

S

 

 

 

10.  Correct the following sections due to the renaming of the Colorado Division of Wildlife to Colorado Parks and Wildlife:

8.2.2.E. - Applicability.

E.  Wetland and wildlife habitat restoration, creation and/or enhancement that improves the wetland's function if the activity proposed is approved by the appropriate agency, such as the Army Corps of Engineers or Colorado Division of Wildlife  Colorado Parks and Wildlife; or

 

5.13.4.C. 5.l.

l.  Colorado Division of Wildlife  Colorado Parks and Wildlife;

 

5.3.3.   Definitions

Environmentally sensitive area. An area with one or more of the following environmental characteristics: floodplains; geologic hazards; drainage areas; topographical conditions that may affect development; wildfire hazards; special places of Larimer County; wetlands; mineral resources; habitat for plants and animals identified by the federal government as threatened or endangered or proposed for threatened or endangered status; habitat for plants and animals identified as important species by the Colorado Division of Wildlife  Colorado Parks and Wildlife; and habitat for plants and animals identified by the Colorado Natural Heritage Program as ranking G1 and G2.

 

5.8.5.C.5.(1)(p) Referrals:

 (p)  Colorado Division of Wildlife  Colorado Parks and Wildlife.

 

11. Change Section 5.7.3.B. to read:

B. Except for lot consolidations, tThe resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

  

12. Change Section 12.1.D. to read:

D. Property tax certificate. Property Taxes.   Any application for a procedure that results in a public hearing or change to property boundaries must include proof that all ad valorem taxes, applicable to the lots for years prior to that year in which approval is granted, have been paid. a certificate of taxes due. The applicant can contact the county treasurer to order a certificate.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

 

 

ITEMS:

 

ITEM #3  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – FIRE CODE STANDARDS #12-CA0121:   Mr. Helmick provided background information on the request to repeal and replace Section 8.1.4 and Section 8.1.14.P to clarify standards for fire protection including provisions regarding water supply and access and modifying provisions for dead-end roads.

 

PUBLIC TESTIMONY:

None.

 

DISCUSSION:

Commissioner Hart 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 Amendments to the Larimer County Land Use Code  - fire code standards, file #12-CA0121, as follows:

 

1.    Repeal and replace Section 8.1.4 with:

 

8.1.4 Fire protection level of service standards

A.   Overview: The provision of adequate fire protection will be determined through the location of development, availability of a water supply for fire fighting, and access to development.  Specifically, the type of dwelling units or non-residential construction, the surface and length of access roadways, and the fire fighting water supply availability will determine how fire protection is provided.  Fire protection service is provided by one of three entities: 

1. a municipality or a special district/authority;
2. a volunteer departments; or,
3. the Sheriff.

Emergency medical service is provided by a mix of ambulance service, fire districts and or “quick response teams”.  Access to a site as further defined in this section is required for emergency medical service.

 

B.   Applicability and Relationship to Adopted Fire Codes, enforceability  

1. These standards apply to all applications for conservation development, planned land division, subdivision, minor special review, special review, site plan review, public site plan review, and special exception submitted under this code.  These standards do not apply to Rural Land Plans submitted under section 5.8 of this code.
2. The standards of this section shall be considered the minimum requirements even for those areas within the boundaries of a fire district that have adopted a fire code which is also adopted by the Board of County Commissioners.
3. A fire protection plan shall be required for those developments that cannot comply with the requirements of this section of the code.

 

 

 

 

C.   In general:

1. The fire district or other appropriate agency may, based upon their adopted fire code, request additional requirement for development proposals as a result of development location, size or type of construction, in which case one of the following shall occur:
• The applicant may agree to the higher standard, which would be implemented through a condition of approval , or
• The Board of County Commissioners, upon the recommendation of the fire district may impose a higher standard as a condition of the approval of the development proposal, or
• If not required as a condition of approval by the Board of County Commissioners the fire district may elect to enforce a higher standard through their own enforcement processes.    

Disclosure documents required as a part of the final documents for a development application, recorded as part of the final approval, shall include language stating that the county will not enforce or be responsible for enforcing a higher standard unless required as a condition of approval by the Board of County Commissioners.

2. Fire protection plans shall be reviewed by the appropriate district and a recommendation from the fire district shall be provided.  If the fire district fails to provide comment or recommendations on the fire protection plan within the allotted review time, the review maybe performed by the Larimer County Sherriff, Office of Emergency Services.
3. Fire protection plans proposed for areas of the county not within a fire district boundary, shall receive a review and recommendation by Larimer County Sherriff, Office of Emergency Services. 
4. The Board of County Commissioners shall approve proposed fire protection plans as a part of the development review approval of preliminary plat, special review, special exception or minor special review.
5. The planning director shall approve proposed fire protection plans as a part of the approval of applications for site plan review and public site plan review. 
6. Fire fighting water supply connections for fire protection shall be approved by the water supply entity and that all physical connections (i.e. screw threads) shall meet the requirements of the fire protection provider.

 

D.   Standards for residential development in a GMA or other designated urban area.

1. General Standards

1. New development within growth management overlay zone district areas (GMA districts) and other designated urban areas in the county's master plan (i.e. LaPorte) must be located within a five-mile travel distance of an existing, manned fire station.
2. Development applications proposing access to serve 30 or more dwelling units, shall provide two access points.  If the access serves less than 30 units, an approved secondary/emergency access may be required. 

2. Water supply: Developments within GMA districts and other designated urban areas in the county's master plan, where a public water supply designed to provide water for fire fighting purposes is available must comply with the following requirements:

 

a.   The development must be connected to a public water system designed and constructed to supply a minimum fire flow of 1,000 (gpm) with a minimum residual pressure of 20 pounds per square inch (psi); and,

The development must provide fire hydrants spaced no more than 1,000 feet from each other and located to adequately serve residential structures.

b.   Residential fire sprinklers will be required when an adequate water supply is either unavailable or inadequate to supply fire fighting water to hydrants.

c.    A combination of access length and inadequate water supply may dictate the requirement for residential fire sprinklers.

3. Fire Fighting Access:

a.   Will meet the Urban Area Road Standards,

b.   Will have a minimum travel way width of 20 feet, generally have full connectivity to a public road system

c.   secondary (emergency) access may be required. 

d.   Will have no uninterrupted road segment which results in a dead end road length of more than 660 feet.

e.   All access roads shall be capable of supporting fire apparatus with a weight of 80,000 pounds; 

f.   All dead end accesses, irrespective of length shall incorporate turnarounds with a minimum radius of 50 feet. 

g.   A lesser standard may be approved by the Board of County Commissioners.

 

E.   Standards for non-residential development in a Growth Management Area or other designated urban area.

1. Water Supply: All development which is subject to review as defined in Section 6 of this code in Urban Areas of Larimer County shall:

1. Be served by fire hydrants connected to a public water system designed and constructed to supply fire flows of 1,500 (gpm) at 20 pounds per square inch (psi) minimum residual pressure within 1,000 feet of said buildings .
2. Shall include a fire sprinkler system designed and installed according to NFPA if a water system (hydrants) meeting these requirements is not available, or: the structure includes any fire containment area in excess of 5000 square feet. 
3. If a public water system is not available the fire protection provider and Chief Building Official must approve any fire protection plan or alternate system prior to installation. 

2. Fire Fighting Access:

a.   Will meet the Urban Area Road Standards;

b.   Have a minimum travel way width of 20 feet,

c.   Will generally have full connectivity to a public road system,

d.   Secondary (emergency) access may be required. 

e.   There will be no uninterrupted road segment which results in a dead end road length of more than 660 feet.

f.   All access roads shall be capable of supporting fire apparatus with a weight of 80,000 pounds. 

 

g.   All dead end accesses irrespective of length, shall incorporate turnarounds with a minimum radius of 50 feet.

h.   Access for fire fighting, equipment and firefighters shall be provided to all sides of any structure. 

i.   A lesser standard may be approved by the Board of County Commissioners.

 

F.   Standards for residential development outside a GMA 

1. General standards for a rural development or development outside a GMA.   

1. Developments outside GMA districts and other designated urban areas have no requirement for proximity to a fire station, due to the variety of jurisdictions, providers and character of the area.  
2. Development applications proposing access to serve 30 or more dwelling units, shall provide two access points.  If the access serves less than 30 units, an approved secondary/emergency access may be required.   

2. Water supply for firefighting

a.   When a public water supply with adequate pressure and flow for fire hydrants is available it shall be utilized.  If hydrants are provided they must supply fire fighting water at 500 (gpm) at minimum 20 psi residual pressure and be spaced at no more than 1000 feet between hydrants. 

b.   Certain public water providers do not have systems designed to accommodate hydrants, in those cases residential fire sprinkler systems will be required.

c.   When a public water supply is not available, a fire protection plan must be developed by the applicant for review and recommendation by either the fire protection provider or the Sheriff’s Department, Emergency Services.  Elements that must be included in fire protection plan include but are not limited to the following:

• All development which use on-site water storage or residential fire sprinkler systems will be required to provide a funding mechanism to pay for periodic inspections and maintenance through the property owners association or equivalent entity created pursuant to section 12.6.6.
• All development will be required to provide on-site water storage totaling a minimum of 2,000 gallons per residential unit outside wildfire hazard areas and 3,000 gallons per residential unit within wildfire hazard areas. The fire authority responsible for serving the area or Emergency Services must review, approve and periodically inspect such on-site storage; and

d.   At the time of evaluating a development, if it is clear that structures will be separated by less than 200 feet, a residential fire sprinkler system meeting the requirements of this section shall be required. 

e.   Residential fire sprinklers will be required in all cases when a public water supply is either unavailable or inadequate to supply hydrants or if a combination of access length and water supply dictate the need. 

 

 

 

 

3. Fire Fighting Access:

a.   Shall meet the Rural Area Road Standards required for fire protection

b.   Shall be a minimum travel way of 20 feet in width. 

c.   Must not exceed 660 feet in length from a secondary access point.

d.   If the distance is more than 660 feet then residential sprinklers shall be required. 

e.   All roadway construction shall be designed to support equipment/apparatus weight of 80,000 pounds, an be of an all-weather surface. 

 

G.   Standards for Non-residential /development outside of a GMA  

1. Water supply: All development which is subject to review as defined in Section 6 of this code, located in rural areas of Larimer County, shall be served by a public water system designed and constructed to supply fire flows of 1,000 (gpm) at 20 pounds per square inch (psi) minimum residual pressure within 1,000 feet of said buildings. If the water supply cannot meet this standard then plans for the building(s) must include a fire sprinkler system designed and installed according to the requirements of the fire protection provider, and an approved fire protection plan. 
2. Fire Fighting Access:

1. Shall meet the Rural Area Road Standards
2. When required for fire protection shall be a minimum of 20 feet in width. 
3. Shall not be more than 660 feet in length from a secondary access point.
4. If the distance is more than 660 feet then fire sprinklers shall always be required.  
5. All roadway construction shall be designed to support equipment/fire apparatus weight of 80,000 pounds, and;
6. be an all-weather surface.

 

H.    Application Requirements.  In addition to any submittal requirements in the technical supplement to this Code, applicants must provide a narrative describing the proposed water supply for fire protection or a fire protection plan. Where applicable, the narrative must include a vicinity map showing the location of the fire station and route used for calculating the "proximity-to-fire-station" criteria. 

 

I.   Definitions.

 

Fire sprinkler systems - All fire sprinkler systems, whether required by the applicable fire district or chosen by the applicant for a development as part of a fire protection plan, must be designed and installed to meet National Fire Protection Association (NFPA) standards.

 

Fire Protection Plan –A site/development specific plan for fire suppression and safety which addresses the following components:

1.   Water available for fire fighting by source

2.   Maintenance of the water supply

3.   Distance to supply

4.   Distance between structures

 

5.   Access to supply and structures

6.   Special plans/designs to address the existence and mitigation of wildfire hazards

7.   Entity responsible for providing fire protection services (fire district fire department or Larimer County Sheriff) 

8.   The fire protection plan shall use national standards for gallons and flow duration as described in the International Fire Code (IFC) and, as appropriate, be prepared by a qualified and licensed engineer.

 

Emergency/secondary access – An all-weather surface access way which is intended only for emergency use; must have a travel surface of at least 20 feet in width capable of supporting fire apparatus up to 80,000 pounds (the weight standard may be altered on the approval of the fire service provider).

   

Adequate fire fighting water supply – A public or community water supply that can supply water to a fire hydrant at a pressure and flow rate of 1000/1500 gpm in GMA/urban areas and 500 gpm in outside of GMA areas.  The residual pressure shall be 20 pounds per square inch (psi).  This typically requires a minimum 6” diameter water line that is designed to supply fire hydrants, and may require looping or other connections within a water system to ensure pressure and flow rates. 

 

2.    Repeal and replace Section 8.14.1.P. with:

8.14.1.P – Dead end length

1.   The maximum length of a dead-end access shall be no greater than 660 feet in a Growth Management Area or other designated urban area. 

2.   Dead-end road systems outside of a GMA are not limited in length but shall provide a secondary/emergency access if the principal access is:

a.   Crossed by drainage channels which have culverts that cannot pass the 50 year design frequency storm with no more than1 foot of flow across the road; or if the principal access is located in an area subject to a wildfire fire hazard where trees cannot be readily restricted from that area adjacent to the road by a distance of at least the mature height of said trees; or any other identifiable or geologic hazards that have the potential to block the access.

b.   In all cases dead end roads shall be provided with inter-visible turn outs of at least 10 feet in width and 30 feet in length, no less than 500 feet apart.

3.    Land divisions that cannot meet this standard must provide a second point of access. The second access must be either a dedicated, public right-of-way or an easement specifically granted for emergency access purposes

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Dougherty, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

ITEM #4  ANDELT SUBDIVISION #11-S3077 :   Mr. Helmick provided background information on the request for a subdivision of two lots on 20.6 acres with one existing home located on the south side of County Road 66, approximately ½ mile west of County Road 9.  The property was Lot 1 of the AOMI Subdivision.  He explained that when the subdivision was platted the right-of-way was included in the lot size calculations.  Since the adoption of the Land Use Code in 2000, the standard was changed.  Due to that, the lot sizes proposed would be approximately 8-acres, which would require a lot-size variance, and the Development Services Team supported the appeal.  He noted that when the original plat was recorded there was a covenant stating that the lots could not be split.  That covenant had expired; however, several neighbors had concerns with respect to that covenant with the proposed subdivision. 

 

Commissioner Dougherty asked who would own or maintain the outlot.  He also asked if a lot size appeal would have to be done for the outlot.

 

Mr. Helmick stated that the issue was still being worked out.  He replied that since the outlot would never be a building lot it wouldn’t need to go through the appeal process.

 

Commissioner Dougherty asked if most lots in the AOMI subdivision would be below the 10-acre minimum standard if right-of-way was not included in the lot sizes?

 

Mr. Helmick replied that Lots 2 and 3 would be.  The others would need to be examined because it depended on how much of the lot was in the right-of-way.

 

Commissioner Hart stated that there were concerns regarding maintenance of Olsen Court.

 

Mr. Helmick stated that it was a publicly dedicated road that was privately maintained.  He stated that the platted right-of-way was currently 60 feet.

 

Traci Shambo, Engineering Department, explained that the Engineering Department was requiring a 20-foot wide all-weather surface road.    The current road width was approximately 12-15 feet.  The turn-around bulb would also need to be widened somewhat.  The developer would be responsible for improving the road. 

 

Mr. Helmick stated that at a minimum Lots 1 & 2 of the proposed subdivision would need to have some sort of maintenance agreement in regards to Olsen Court.    

 

Commissioner Zitti remarked on concerns regarding water pressure. 

 

Mr. Helmick replied that the issue had been resolved.

 

PUBLIC TESTIMONY:

Susan Andelt, stated that they had a meeting with the two lot owners at the end of Olsen Court and an agreement had been reached.  She explained that a road maintenance agreement would be signed stating that they would help maintain the road after the first five years.  The owners wanted the owners of Lots 1 and 2 of the proposed subdivision to be in charge of maintenance for the first five years and after that they would help to maintain the road.

 

 

 

DISCUSSION:

Commissioner Wallace pointed out that the review criteria were met for the proposed subdivision.  The proposed subdivision was compatible with existing and allowed uses in the surrounding area as most of the land uses in the area were ten acres or slightly below.  It could also comply with all other applicable standards in the Code including Adequate Public Facilities.  Along with that, the proposed subdivision would protect the wetland area, all referral agencies had been considered, and it would not substantially impact the other properties in the vicinity.

 

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 that the Andelt Subdivision, file #11-S3077, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Andelt Subdivision File # 11-S3077, 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 Andelt Subdivision .

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional 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.   Fire Requirements – 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, including test borings as identified in the CGS letter of 3/5/12.  No basements shall be allowed and the lowest habitable floor level 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.   The applied for Lot size appeal must be approved prior to approval of the Final Plat.

 

 

 

7.   Olsen Court and the turnaround at the cul de sac bulb shall be improved as detailed in the March 5, 2012 memo from Traci Shambo, Larimer County Engineering.

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Cox, Dougherty, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

REPORT FROM STAFF:  Mr. Legg reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:25 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.

 

 

_______________________________                      ______________________________

Scott Glick, Chairman                                                            Nancy Wallace, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

Lot 1, Aomi Subdivision, Larimer County, Colorado