LARIMER COUNTY PLANNING COMMISSION

 Minutes of May 17, 2017

 

The Larimer County Planning Commission met in a regular session on Wednesday, May 17, 2017, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Gerrard, Miller and Wallace were present.  Commissioner Dougherty presided as Chairman.  Commissioners’ Christman, Glick and Jensen were absent.  Also present were Rob Helmick, Senior Planner, Brenda Gimeson, Rural Land Planner, Clint Jones, Engineering Department, Lea Schneider, Health Department and Jill Wilson, Recording Secretary. 

 

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 APRIL 19, 2017 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Wallace.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Vice-Chairman Dougherty stated that Marina View Subdivision, file #16-LAND3573, would be moved to a discussion item due to a citizen request.

 

CONSENT ITEM:

 

ITEM #2 OLSEN SUBDIVISION #16-LAND3528:  Mr. Helmick provided background information on the request for a Preliminary Plat review of a Subdivision to create a 5 acre lot previously created by an exemption (Minor Land Division) for single family residential purposes in place of subdividing 40 acres into a 5 acre lot and a 35 acre residual lot with a building envelope for an existing home on property located on the northwest corner of CR 15 and CR 78, northwest of Wellington.  He noted that the project was a Subdivision and not a Conservation Development as outlined in error in the staff report.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Olsen Subdivision, file # 16-LAND3528 , 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 OLSEN SUBDIVISION PRELIMINARY PLAT File # 16-LAND3528 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 Olsen Conservation Development 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, Larimer County Regional and 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.   All new residential structures shall be fire sprinkled.

 

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.

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Cox, Gerrard, Miller, Wallace and Vice-Chairman Dougherty voted in favor of the Motion.

 

MOTION PASSED:  5 -0

 

 

ITEM:

 

ITEM #1 MARINA VIEW SUBDIVISION #16-LAND3573:  Ms. Gimeson provided background information on the request for a Preliminary Plat approval of a Subdivision to replat Lots 1 and 2 of the Amended Plat of Lots 5B and 5C of the replat of Lot 5, Spring Canyon Heights 3rd and Lot 6A, amended plat of part of Lots 6, 7, 9 and 18, Spring Canyon Heights 3rd Subdivision to create one additional single-family residence.  The property was located at 4707 and 4711 Parkview Drive, which was west of Horsetooth Reservoir, west of Shoreline Drive between Parkview and Bayview Drives.  She explained that one of the existing lots had split zoning--both O-Open and R-Residential; therefore, there was also a request to rezone the portion of the property that was zoned O-Open to R-Residential.  In addition, an appeal to Section 8.14.1.M of the Larimer County Land Use Code was included to allow a private road access easement to new lot. 

 

PUBLIC TESTIMONY:

Rick Emery, applicant, explained the reasoning behind the proposed subdivision.

 

 

Tyr Johanson, neighbor, did not feel that the subdivision should be approved.  He felt that it would inhibit emergency access and road access issues.  He asked how long the proposed private access easement was?

 

Mrs. Gimeson replied 129.8 feet from the east edge of the property to where the access easement would end.

 

Mr. Johanson had concerns about the new address assigned along with the private access easement as he felt it would cause confusion because it looked like it was part of Parkview Drive.  He stated that there was already access to Lot 3 off of Bayview Drive and felt that Bayview Drive would be better access to Lot 2 and would help with confusion for emergency services.  He mentioned concerns that the proposed private water line easement on Lot 3 was not in the correct spot.  He also asked if provisions had been made for road maintenance for the proposed private road, what the density limits were for the area, and how changing the zoning from Open to Residential would affect the multi-family rental on Lot 1.  He was also concerned about additional outbuildings being erected on Lot 3 and felt that the fire hydrant may need to be relocated due to those buildings.

 

Commissioner Miller asked where Mr. Johanson’s property was in comparison to the proposed subdivision.

 

He stated it was to the southwest. 

 

Mrs. Gimeson stated that the applicant would need to confirm the location of the water easement.  A condition of approval could be added to address that need.  She stated that there was no official Home Owner’s Association in the area and explained that multi-family was not allowed by the zoning district.  She also explained that a building permit for a detached garage had been applied for on Lot 3, which would not affect the application or the need for a fire hydrant.

 

Mr. Emery stated that the service lines were plastic but all water lines were able to be located and marked.  He stated that they would verify the lines and broaden the easements if needed.  He noted that water and sewer would be difficult to access from Bayview Drive and mentioned that it was also steep drive. 

 

Jerry Sober, 4817 Valley Court, stated that there was no formal HOA but an informal one had been around since the 1980’s.  He noted that it was a voluntary program. 

 

Matt Lafferty stated that the County could not force a citizen to be a part of a private HOA. 

 

Mr. Emery stated that he also owned property adjacent to their home and had paid into the road association for all 3 of those properties for the current year.

 

Commissioner Wallace asked if they intended to continue to participate in that road maintenance. 

 

Mr. Emery replied yes, they intended to do so.  They would also make it a requirement of the new lot owner to pay into the road association. 

 

 

 

DISCUSSION:

Commissioner Cox mentioned two additional possible conditions of approval: 

  • The applicant shall review the private water line easement using current technology to locate the utilities, and
  • The new owner of the developed Lot 2 shall participate in the voluntary road maintenance association.

 

Commissioner Wallace suggested that the condition stipulate that the owners of the current Lots 1 & 2 participate in the road maintenance association along with the owner of the new developed lot.

 

Commissioner Gerrard disagreed and did not feel that they could force the owners of the current lots to participate.  Those lots were already established.  The applicant agreed to require the new lot to participate but they could not force the existing lots to participate.

 

Commissioner Dougherty agreed with Commissioner Gerrard’s comments.

 

Mr. Lafferty suggested that the new condition could state, ‘The new developed lots within the Marina View Subdivision shall contribute to road maintenance on a pro-rata share.’

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Marina View Subdivision, rezoning from O-Open to R-Residential, and Appeal to Section 8.14.1.M of the Larimer County Land Use Code, file #16-LAND3573 , for the property described on “Exhibit A” to the minutes, subject to the following conditions and two added conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Marina View Subdivision File # 16-LAND3573, 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 Marina View Subdivision File # 16-LAND3573.

 

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.   The private access easement for the road to the new lot shall be dedicated as an emergency access easement and automatic fire protection sprinklers will be required for the new lot to offset the hydrant deficiency in this subdivision. 

 

 

 

 

 

 

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.   The applicant shall review the private water line easement using current technology to locate the utilities.

 

7.   The new developed lots within the Marina View Subdivision shall contribute to road maintenance on a pro-rata share.

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Cox, Gerrard, Miller, Wallace and Vice-Chairman Dougherty voted in favor of the Motion.

 

MOTION PASSED:  5 -0

 

 

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:23 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                                                Mina Cox, Secretary

 

 

EXHIBIT A 

 

LOT 1:

A portion of Lots 1 and 2, of the Amended Plat of Lots 5B and 5C of the Replat of Lot 5, Spring Canyon Heights Third Subdivision, and Lot 6A, Amended Plat of Part of Lots 6, 7, 9 and 18, Spring Canyon Heights Third Subdivision, situate in the Northwest 1/4 of Section 6, Township 6 North, Range 69 West of the Sixth P .M., County of Larimer, State of Colorado, which, considering the East line of said Lot 1 as bearing S27°03'40"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast Comer of said Lot 1, and run thence along the boundary line of said Lot 1, S27°03'40"E 110.44 feet, and again S00°04'52"E 26.48 feet, and again S52°04'30"W 32.65 feet, and again S52°03'00"W 125.53 feet; thence departing said boundary line, N29°00'21 "W 125.55 feet; thence N48°46'51 "E 31.77 feet to a point on the Southerly right-of-way line of Parkview Drive; thence along said Southerly right-of-way line, along the arc of a 150.28 foot radius curve concave to the Northeast a distance of 48.38 feet, whose central angle is 18°47'04", the long chord of which bears S71 °46'06"E 48.17 feet, and again N30°46'18"E 53.84 feet, and again N36°25'15"E 100.58 feet to the point of beginning, containing 21,870 square feet.

 

LOT2:

A portion of Lot 2, of the Amended Plat of Lots 5B and 5C of the Replat of Lot 5, Spring Canyon Heights Third Subdivision, and Lot 6A, Amended Plat of Part of Lots 6, 7, 9 and 18, Spring Canyon Heights Third Subdivision, situate in the Northwest 1/4 of Section 6, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the East line of said Lot 1 as bearing S27°03'40"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S52°03'00"W 17.31 feet, and again S46°05'00"W 29.94 feet from the Southeast Comer of said Lot 2, and run thence along the boundary line of said Lot 2, S46°05'00"W 99 .48 feet, and again S69°30'00"W 19.98 feet; thence departing said boundary line, N29°00'21 "W 124.05 feet; thence N52°58'50"E 12.50 feet; thence N48°46'51 "E 105.91 feet; thence S29°00'21 "E 125.55 feet to the point of beginning, containing 14,809 square feet.

 

LOT3:

A portion of Lot 2, of the Amended Plat of Lots 5B and 5C of the Replat of Lot 5, Spring Canyon Heights Third Subdivision, and Lot 6A, Amended Plat of Part of Lots 6, 7, 9 and 18, Spring Canyon Heights Third Subdivision, situate in the Northwest 1/4 of Section 6, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the East line of said Lot 1 as bearing S27°03'40"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S52,:,03'00"W 17.31 feet, and again S46°05'00"W 129.42 feet, and again S69°30'00"W 19.98 feet from the Southeast Comer of said Lot 2, and run thence along the boundary line of said Lot 2, S69°30'00"W 56.07 feet, and again S51 °46'00"W 169.84 feet, and again N77°4l'OO"W 22.87 feet, and again N34°33'00"W 128.46 feet, and again N79°16'00"W 119.63 feet, and again N61 °13'30"E 471.84 feet to a point on the Southerly right-of-way line of Parkview Drive; thence along said Southerly right-of-way line, along the arc of a 150.28 foot radius curve concave to the Northeast a distance of 48.15 feet, whose central angle is

31°24'27", the long chord of which bears S53 °22'00"E 47 .95 feet; thence departing said Southerly right-of-way line, S48°46'51 "W 137.68 feet; thence S52°58'50"W 12.50 feet; thence S29°00'21 "E 124.05 feet to the point of beginning, containing 62,343 square feet.

 

EXHIBIT B

 

 

RESIDUAL LOT A

A portion of land in the SE l/4 SEl/4, Section 23, Township 10 North, Range 69 West, of the 6th

P.M., Larimer County, Colorado, more particularly described as follows:

 

Beginning at the Southeast corner of Section 23; Thence N89°44'29"W, along the South line of

said Southeast Quarter, a distance of 885.84 feet; thence N0022'46"W a distance of 467.03 feet;

thence N89°44'29"W a distance of 467.03 feet to the West line of said SE l/4SEl/4; thence

N0 °22'46"W, along said West line, a distance of 855.28 feet to the Northwest comer of said

SE l/4 SE1/4; thence S89°36'16"E a distance of 1319.73 feet to the Northeast corner of said

SE l/4 SE l/4; thence S0 ° 18'02"E, along the East line of said SE l/4 SEl/4, distance of 1319.14 feet

the point of beginning.

 

Containing 35.0 acres more or less and subject to easements, covenants or restrictions of

record.

 

LOT 1

 

A portion of land in the SE l/4 SE l/4, Section 23, Township 10 North, Range 69 West, of the 6th

P.M., Larimer County, Colorado, more particularly described as follows:

 

Beginning at the Southeast corner of Section 23; Thence N89 ° 44'29"W, along the South line of

said Southeast Quarter, a distance of 850.84 feet to the True Point of Beginning; thence

NO °22'46"W a distance of 467.03 feet; thence N89°44'29"W a distance of 467.03 feet to the

west line of said SE l/4 SE l/4; thence S0 ° 22'46"E, along said east line, a distance of 467.03 feet

to the Southwest corner of said SE l/4 SE l/4; thence S89°44'29"E a distance of 467.03 feet to

the True Point of Beginning.

 

Containing 5.0 acres more or less and subject to easements, covenants or restrictions of record.