Minutes of December 18, 2013


The Larimer County Planning Commission met in a regular session on Wednesday, December 18, 2013, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Jensen, Miller, Wallace and Zitti were present.  Commissioner Gerrard was absent.  Commissioner Glick presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Traci Shambo, Engineering Department, Martina Wilkinson, Engineering Department, Doug Ryan, Health Department, Terry Gilbert, Community Development Director, and Jill Wilson, Recording Secretary. 








APPROVAL OF THE MINUTES FOR THE OCOTOBER 16, 2013 MEETING:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.







ITEM #1  KECHTER FARM PLANNED LAND DIVISION 13-S3183:   Mr. Helmick provided background information on a preliminary plat of a Planned Land Division of 415 units on 166.79 acres in the Fossil Creek Planning Area, which was west of Ziegler Road, north of Fossil Creek Reservoir and east of Westchase Subdivision.  A General Development Plan was approved in December 2012.  With that approval, 8 grand estate lots were approved to the south of the property.  However, the preliminary plat proposal removed those 8 lots.  He noted that there were several neighborhood concerns regarding density and transportation. There was also concern about right-of-way on the east side of Fossil Lake Ranch.  Lastly, he recommended that Condition 8 be deleted regarding an avigation easement. 


Linda Ripley, Ripley Design, explained that a minor land division application had been submitted to divide the property into 3 lots, dividing off the Kechter farmstead from the site and leaving two lots for the Kechter Farm development.  She explained that the number of lots had increased from the 406 approved in the General Development Plan to 415 for the preliminary plat.  She mentioned that some lots and roadways had been redesigned in some areas of the development.  She noted that several neighborhood meetings had been held over the last several years regarding the proposed development.  She also noted some of the changes to the proposal that had occurred from the meetings with the surrounding neighbors. 


Carolyn White, Land Use Counsel for the applicant, concurred with the Larimer County Staff findings as well as the deletion of condition #8.






Dale Shepard, owned a lot affected by the right-of-way by Fossil Lake Ranch.  He felt that the right-of-way should be vacated, and the issue affected the title of the individual properties.


Mr. Helmick stated the issue could be brought up before the Board of County Commissioners.  The right-of-way of concern was within the city limits of Fort Collins.  As a result, it was not in the County’s prevue to deal with the issue. 


Robert Whiteland, resident of the Timbers development, brought up the congestion due to the school.  He was also concerned with the increased traffic that would occur going west on Zephyr.


Mr. Lafferty explained the transportation master plan for the Fossil Creek Reservoir Area Plan.


Martina Wilkinson, Engineering Department, explained that all of the external roads in the area were within the City of Fort Collins.  She understood that traffic at Zephyr and Timberline was of a concern and a street signal was being looked in to.  She explained that a traffic study was submitted with the General Development Plan application and final traffic studies would need to be submitted with the Final Plat application for the development.  She also explained that Zephyr Road was designed as a collector road which meant it was designed to collect all the traffic from the other roads in the area as a means to get to the arterial roads.


Stephanie Fuller, resident of Fossil Lake Ranch, mentioned a right-of-way easement from 1882 which showed a 23-foot right-of-way.  She was worried that if the City of Fort Collins did not vacate that right-of-way that the three properties in Fossil Lake Ranch with that 23-foot right-of-way would not meet the city code regarding setbacks and could become a nonconforming lot.  She also had concerns about the additional traffic that would be going through the subdivision and felt that it was a danger.



Commissioner Wallace asked about the road design.


Ms. Wilkinson replied that the proposed east part of Zephyr and Rockpark were local roads. 


Commissioner Jensen asked how many accesses were into Fossil Lake Ranch on the east side.


Ms. Wilkinson replied Lady Moon, Rookery, and Rockpark.  She agreed that there would be traffic impacts, which would be dispersed into a variety of areas.  She stated that the county was working with the applicant and City of Fort Collins to address some of those issues. 


Commissioner Dougherty pointed out that the use on Trilby would be greater than on Zephyr.


Commission Jensen asked about moving the right-of-way 10 feet for those property owners in Fossil Lake.







Mr. Helmick stated that there would be no construction to the east of the road.  He also stated that the right-of-way did not need to be enlarged south of Rockpark.  He went on to explain that the right-of-way issue mentioned by the neighbors was an issue the City of Fort Collins would need to address as the Fossil Lake Ranch property was within the city limits.  He stated that the developer for Kechter Farm had addressed and met the county right-of-way standards.


Mr. Lafferty stated that the County would work to help the property owners get the right-of-way vacated with the City of Fort Collins. 


Commissioner Miller understood the concerns from the neighbors and recommended that the easement be vacated. 


Commissioner Christman asked if traffic would be addressed again during Phase II.


Mr. Helmick stated that a master traffic study was done during the General Development Plan.  Each phase of final plat would have a final traffic study. 


Commissioner Miller stated that it was a well developed plan that examined the neighborhood concerns.


Commissioner Christman agreed; however, she felt that the traffic issued needed to be examined as each phase moved forward.


Commissioner Jensen commended the applicants for their work.  He stated that empathized with the neighborhood concerns.  It was a good plan and felt that it was better plan to remove the 8 grand estate lots.


Commissioner Zitti agreed with previous comments.  He felt that the extension of Trilby and Zephyr in phase 1 was positive.


Commissioner Wallace felt that the proposal was consistent with the surrounding areas, the Land Use Code, the supplemental regulations, and did not cause an adverse impact to the surrounding area.


Commissioner Dougherty appreciated the design of the proposal.


Commissioner Glick was pleased that the design had been amended to address concerns.  He felt that the traffic would balance out between all subdivisions in the area.  He agreed that the right-of-way issue was a difficult one and hoped the county could work with the city to help those landowners. 


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 adoption of the Kechter Farm Planned Land Division, file #13-S3183, for the property described on “Exhibit A” to the minutes, subject to the following conditions and deleted condition #8:



1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Kechter Farm PLD file # 13-S3183, 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 Kechter Farm PLD.



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 or 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.   Fire Requirements – fire hydrants shall be installed their location and design shall be consistent with the recommendations of the Poudre Fire Authority.


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. 


5.   Mechanical or development wide methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed and approved on a development wide basis.


6.   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.


7.   Each Phase of the development must provide an updated Traffic Study at Final Plat, the conclusion of the study shall be implemented as a part of the Final Plat approval process.  


8.   The control of prairie dogs on the site shall follow the recommendations the Larimer County Department of Health and the Environment.


Commissioner Dougherty seconded the Motion.


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






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


ADJOURNMENT:   There being no further business, the hearing adjourned at 8:05 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








































A Tract being a portion of the Southeast Quarter of Section 8, Township 6 North, Range 68 West, and

the Northeast Quarter of Section 17, Township 6 North, Range 68 West of the 6 th Principal Meridian,

County of Larimer, State of Colorado