LARIMER COUNTY PLANNING COMMISSION
Minutes of August 20, 2014
The Larimer County Planning Commission met in a regular session on Wednesday, August 20, 2014, at 6:30 p.m. in the Hearing Room. Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller and Zitti were present. Commissioner Wallace presided as Chairman. Commissioner Gerrard was absent. Also present were Matt Lafferty, Principle Planner, Michael Whitley, Planner II, Brenda Gimeson, Rural Land Specialist, Clint Jones, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary.
The Planning Commission went on a site visit to Freedom Acres Subdivision.
COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE:
COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:
APPROVAL OF THE MINUTES FOR THE JULY 16, 2014 MEETING: MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Dougherty. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
TABLED ITEM TO SEPTEMBER 17, 2014:
MOUNTAIN WHITEWATER DESCENTS SPECIAL REVIEW , FILE #14-Z1926
ITEM #1 WILLOWBROOK RANCH RLUP REZONING #14-Z1940 : Ms. Gimeson provided background information on the request to rezone property in the Willowbrook Ranch RLUP from O-Open to the RE-Rural Estate zoning district, which was generally located northeast of LaPorte and northwest of Fort Collins off of County Road 19 and County Road 56 at Curtis Lake Lane.
Commissioner Glick 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 Willowbrook Ranch RLUP Rezoning, file #14-Z1940, for the property described on “Exhibit A” to the minutes, subject to the following conditions:
1. The rezoning will not be in effect until the final plat of the Willowbrook RLUP has been approved and recorded.
Commissioner Cox seconded the Motion.
Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller, Zitti and Chairman Wallace voted in favor of the Motion.
MOTION PASSED: 8-0
ITEM #2 FREEDOM ACRES SUBDIVISION #14-S3230 : Mr. Whitley provided background information on the request for a subdivision of a 19.18-acre parcel into four single-family residential lots ranging in size from 3.45 acres to 4.95 acres and one 1.04-acre outlot located north of County Road 14 approximately 800 feet west of County Road 21. The request included an appeal to Section 8.14.1.R of the Land Use Code to not provide street connectivity to adjacent properties. He explained that a cul-de-sac was proposed for the subdivision. He noted that the Home Supply Ditch ran on the east and north sides of the property thus making it difficult to provide connectivity on those sides. Nonetheless, the Development Services Team was recommending connectivity be provided to the west of the property. The other option would be to provide the access road on the west side of the property, which would cause reconfiguration of the proposal.
Commissioner Miller pointed out that there was no development to the west side and wondered why connectivity needed to be provided.
Mr. Whitley stated that the fire department liked to see two points of access in cases of emergency. If the appeal were to be granted, there were other options being examined to suffice the fire department concerns.
Commissioner Wallace asked if there could be a dedication of right-of-way and improvements completed at a later time.
Mr. Whitley stated that it was difficult to dedicated right-of-way without the improvement being completed at the time.
Commissioner Jensen stated that he did not see a high need for connectivity for the proposed development.
Christine Hiatt, property owner and applicant, explained that the property to the west had ample space to provide a second access if developed. She also spoke to the maintenance of a road and stated that they were proposing a gravel road. She stated that the fire department allowed the options to have a second access or require fire sprinklers in the homes. She pointed out that the Home Supply Ditch also had an access road that could be used as a second access.
Commissioner Jensen asked how wide the road and cul-de-sac was.
Mr. Whitley stated that the access was 20 feet wide within a 60-foot right-of-way, which was sufficient for the fire department.
Ms. Hiatt explained that homes farther than 400 feet from County Road 14 would need a fire hydrant or need to be fire sprinklered. She stated that those issues were being worked out with the fire department.
Commissioner Glick asked about the option to provide access on the west side of the property up to the cul-de-sac bulb.
Commissioner Dougherty wondered about an access point to the west with the condition that if the property to the west was developed then they would have to finish the road.
Mr. Lafferty explained that it became an issue in the future to get that dedicated right-of-way to be finished due to objections from the current land owners.
Commissioner Glick wondered if there could be an emergency access only access road on the lot lines between Lots 3 & 4.
Commissioner Dougherty asked how many feet was required between access points.
Clint Jones, Engineering Department, stated 660 feet.
Mr. Whitley stated that there were 7 access points from County Road 21 to the subject property.
Commissioner Jensen asked if it would be more desirable to have just one access point because creating two would add to the number of access points.
Ms. Hiatt explained that there was a ditch along the west lot line and the engineering and soils reports provided evidence that it was not the best and most feasible option to located the road along the west property line.
Commissioner Dougherty felt that requiring a second access point would be an additional burden and was not necessary.
Commissioner Glick concurred.
Commissioner Miller agreed. He stated that if connectivity was required it should be placed between Lots 3 & 4.
Commissioner Christman agreed that a secondary access was not needed.
Commissioner Wallace was inclined to have a road to the west until the agricultural operation and ditch to the west were mentioned. She did not feel that it was necessary to have the connectivity.
Commissioner Zitti was in support of the appeal.
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 Freedom Acres Subdivision, file #14-S3230, and appeal to Section 8.14.1.R of the Larimer County Land Use Code to not require connectivity, 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 Freedom Acres Subdivision, File #14-S3230 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 Freedom Acres Subdivision.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R-2J 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 protection issues and fire sprinker system requirements shall be finalized as a part of the Final Plat process.
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 Dougherty seconded the Motion.
Commissioners’ Christman, Cox, Dougherty, Glick , Jensen, Miller, Zitti and Chairman Wallace voted in favor of the Motion.
MOTION PASSED: 8-0
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings.
ADJOURNMENT: There being no further business, the hearing adjourned at 7:31 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.
Nancy Wallace, Chairman Mina Cox, Secretary
PROPERTY DESCRIPTION·- PARCEL 18-21, BOETTCHER FARM ESTATES
A tract of land located in the Southeast Quarter and the Southwest Quarter of Section 16, Township 8 North, Range 69 West of the 6th P.M., Larimer County Colorado
PROPERTY DESCRIPTION·- PARCEL 22-26, BOETTCHER FARM ESTATES
A tract of land located in the Northeast Quarter and the Northwest Quarter of Section 16, Township 8 North, Range 69 West of the 6th P.M., Larimer County Colorado
LOT 3, PARKER SECOND SUBDIVISION, according to the Final Plat thereof as filed for record September 21, 2012 in the real property records of the Office of the Clerk and Recorder of Larimer County, Colorado at Reception No. 20120065186 and being situate in the South Half of the Southeast Quarter of Section 32, Township 5 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado