LARIMER COUNTY PLANNING COMMISSION
Minutes of December 21, 2016
The Larimer County Planning Commission met in a regular session on Wednesday, November 16, 2016, at 6:30 p.m. in the Hearing Room. Commissioners’ Christman, Couch, Cox, Jensen, Miller and Wallace were present. Commissioner Glick presided as Chairman. Commissioners Dougherty and Gerrard were absent. Also present were Matt Lafferty, Principal Planner, Clint Jones, Engineering Department, Doug Ryan, Health Department, Lea Schneider, Health Department and Jill Wilson, Recording Secretary.
The Planning Commission went on a site visit to Jackson 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 NOVEMBER 16, 2016 MEETING: MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Miller. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
Brent Eggers, lived adjacent to the proposal, had concerns with access from Verbo Road for the new lot created through the Jackson Subdivision.
The item was moved off of the consent agenda.
ITEM #1 JACKSON SUBDIVISION #16-LAND3513: Mr. Lafferty provided background information on the request for a Preliminary Plat for a subdivision of a 6.69 acres parcel into two, 3+/- acre lots located at 57650 W. County Road 24H, Loveland, which was south of County Road 24H, east of County Road 27. He explained that the new lot would be accessed off of Verbo Road, which was a privately maintained road that was publicly dedicated. He stated that if there was a Home Owner’s Association then the new lot would need to contribute to that HOA and that aspect would be addressed during the Final Plat process.
Brent Eggers, lived adjacent to the subject site, asked if Poudre Valley REA would have to add new power poles.
Mr. Lafferty stated that new developments were required to bury the lines.
Charles Jackson, applicant, explained that he wanted to add a new residence to the site and noted that all utilities were along Sunrise Ridge Road.
Kurt Snowden, stated that he lived on Lela Lane and represented a number of residents in the area. He stated that the major concern was access and pointed out that Verbo Road into Sunrise Ridge Road was a gravel, steep and narrow road. He also wondered what would happen if a septic system was installed as he had concerns that the sewage would flow downhill towards the wells on the other properties. He mentioned that a new development would cause more traffic, dust and noise plus there would be erosion problems on the site.
Mr. Eggers remarked that erosion control had occurred on Verbo Road but when it rained all the drainage went on his property. He had substantial concerns with maintenance of the road, drainage and erosion and mentioned that safety was also a concern.
Commissioner Cox asked if there was a Home Owners Association and if that Association maintained both Verbo Road and Sunrise Ridge Road.
Mr. Eggers replied that everyone from County Road 24H to the curve on Verbo Road took care of that section of the road. From the curve up the hill was maintained by the people that lived along that section of the road.
Mr. Lafferty reminded everyone that the proposal was for only one additional lot/one additional residence.
Amber Eggers, lived adjacent to the property, was concerned about construction traffic and wondered if the new lot owners would pay a higher portion of road maintenance due to the construction traffic as she did not want the road to get destroyed even more than it already was.
Mr. Lafferty replied that it was a publicly dedicated road so there was a right to use it. He pointed out that the current owners could build a home on the property without subdividing and use Verbo Road and Sunrise Ridge Road for access without having to contribute to maintenance of the road.
Ms. Eggers asked if the new subdivision would have to have a Home Owners Association.
Mr. Lafferty explained that a Development Agreement would be recorded with the subdivision.
Ms. Eggers remarked that the neighbors and she just wanted to be heard as they had never been through the process before and had questions.
Commissioner Glick pointed out that Condition of Approval #6 stipulated that the new lot would have to participate in a pro rata share of cost of maintenance of the roads.
Mr. Lafferty suggested the homeowners in the area look into creating a public improvement district through the Engineering Department to help with maintenance of the road.
Doug Ryan, Health Department, explained that Larimer County regulations were consistent with State standards. He stated that a septic permit would be required and technical standards would be examined. The septic system would have to be designed to protect ground water and would be required to have a distance separation from existing wells in the area.
Commissioner Wallace asked when the Yucca and Buckhorn Valley Estates Subdivisions were established.
Mr. Lafferty replied in the 60’s or 70’s.
Don Morgenstern, neighbor, did not understand why they did not access the new lot from the existing access established off of County Road 24H.
Mr. Jackson explained that he did not want to use his road to access the new lot.
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 Jackson Subdivision, file #16-LAND3513, for the property described on “Exhibit A” 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 Jackson Subdivision file #16-LAND3513, 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 Jackson Subdivision.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson School District 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 Sprinkler for new residential structures shall be required, unless a new hydrant can be installed which can meet flow, pressure and distance requirements of the Code.
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. The soils information indicate potentially corrosive soils concrete design shall address this issue.
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. Lot 2 shall participate at a pro rata share of the cost for maintenance of Verbo and Sunrise Ridge Roads.
Commissioner Miller seconded the Motion.
Commissioners’ Christman, Couch, Cox, Jensen, Miller, Wallace and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 7 -0
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings.
ADJOURNMENT: There being no further business, the hearing adjourned at 7:28 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
POR NW 1/4 1-5-70 DESC: BEG AT PT WH BEARS N 39 43' 9" E 2057.73 FT FROM W 1/4, S 16 24' 57" E 1081.03 FT, S 52 36' 40" W 126.81 FT, TH ALG ARC 236.68 FT RAD CUR R, 150.84 FT, L/C S 70 52' 10" W 148.31 FT, S 89 7' 40" W 67.53 FT, N 9 40' W 1068.08 FT, N 5