Elk in Rocky Mountain National Park
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of January 19, 2005

 

The Larimer County Planning Commission met in a regular session on Wednesday, January 19, 2005, at 6:30 p.m. in the Hearing Room.  Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, and Wallace were present. Commissioner Morgan presided as Chairman.  Commissioner terMeer was absent.  Also present were Rob Helmick, Principal Planner, Tom Garton, Chief Building Official, David Karan, Planner II, Matt Lafferty, Planner II, Porter Ingrum, Planner II, Roxann Hayes, Engineering Department, Traci Downs, Engineering, Doug Ryan, Environmental Health, and Pam Stringer, Planning Technician and 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 DECEMBER 15, 2004 MEETING: MOTION by Commissioner Pond to approve the minutes, seconded by Commissioner Korb.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:  None

 

ITEM # 1 TABLED ITEM:  DRIPPING SPRINGS SPECIAL REVIEW #04-Z1515:  MOTION by Commissioner Korb to table Dripping Springs Special Review, file #04-Z1515, to February 16, 2005.  Commissioner Pond seconded the Motion.  This received unanimous voice approval.

 

ITEMS:

 

ITEM #3 WINDSOR-SEVERANCE FIRE CODE ADOPTION:  Mr. Garton provided background information on the request to adopt the 2003 International Fire Code and amendments that the Windsor-Severance Fire Protection District adopted on October 14, 2004.  Colorado State law requires fire districts in unincorporated portions of the County to get the proposed fire code and amendments adopted thru resolution by the County.  The adoption of the proposed 2003 International Fire Code and amendments as requested by the Windsor-Severance Fire Protection District and shall be applied only to that fire district.  The County will have no responsibilities for the enforcement of the fire code.

 

Commissioner Boulter 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 Windsor-Severance Fire Code, be approved.

 

 

Commissioner Waldo seconded the Motion.

 

Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, Wallace and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED: 8-0

 

ITEM #4 TRAILS END REZONING AND PRELIMINARY PLAT #00-S1564:  Mr. Lafferty provided background information on the request for a Rezoning from C (Commercial) and R2 (Residential) to Planned Development.  The application was initially submitted in 2001.  The initial application submittal proposed a 140 lot development that changed to a 12 lot development, and now to a 3 lot development.  The reason for the final change stems from the inability of the applicant to obtain public sewer service for the site due to the existing sewer system being at capacity from infiltration of high ground water in the area.  The unpredictability of a planned de-watering system raised concerns regarding the use of septic systems plausible for lots as small as 2.29 acres in area.  In order to accommodate engineered on-lot septic systems without an overall site de-watering system the lots proposed within the revised development would be 11.44 acres each.

 

Commissioner Wallace wanted clarification of where the road access would be and how the wetlands would be affected by the access.

 

Mr. Lafferty stated that between Lots 2 & 3 of the development be a forty foot by forty foot access easement would need to be granted. He also stated that there would be some mitigation issues regarding the access.

 

Chairman Morgan asked how wide the drainage easement would need to be on the eastern boundary of the property.

 

Mr. Lafferty replied 120 feet in order to accommodate the future.

 

Chairman Morgan asked if replacing the drainage tiles would solve the wetlands issue or if it would reduce the wetlands?

 

Mr. Lafferty discussed two possible choices: The first choice would be to leave the wetlands as they are today and for the interim period to provide that no development activity be allowed in the wetland area.  The second option would be for the applicant to later modify the plat if the wetlands were reduced after the tiles were replaced. 

 

 

 

 

 

 

 

 

 

PUBLIC TESTIMONY:

 

Gale Moody, Applicant, explained that putting a 60-foot easement through the east side of the property would either be below or equal to the drain tile and would bring up a new potential problem that would drain the water rights.  He believed that the artificial wetlands were growing due to the damaged drain tiles.  He explained that the reason the tiles were not fixed was because certain types of drainage tiles were needed if a septic system was to be used for the proposed lots.  He remarked that the access in question already went through the wetland and has been used for years.  He stated that he wanted to move forward with the process, and he would be willing to put a buffer around the artificial wetland that may disappear when the drainage tiles were fixed.

 

Discussion continued regarding the 60-foot easement.   

 

Chairman Morgan asked if the trail easement had already been dedicated.

 

Mr. Lafferty stated there was no additional dedication on Mr. Moody’s property, and he was being asked to dedicate the trail right of way before the Final Plat in order to accommodate the Parks Department for construction of the trail.

 

Mr. Moody replied that at the present time he was not willing to dedicate the trail easement before the Final Plat process due to the uncertainty he had regarding the wetlands issue.

 

Commission Boulter stated that he was uncomfortable asking Mr. Moody to commit to the trail easement prior to the approval of the plat.

 

Commissioner Morgan mentioned that most of the drainage was being caught by the Jackson Ditch and wondered how much drainage was actually coming across the Jackson ditch to run along to the east side of the project.

 

Rob Helmick, Principal Planner, explained that Adequate Public Facilities required that the applicant provide facilities adequate to convey the drainage from off of the property through the property (the easement).  Adequate Public Facilities stated that an easement would need to be dedicated because the Land Use Code required individuals to provide a way to get drainage water that came from off site to and through a property. 

 

Connie Barnes, 4411 West County Road 52E, stated that she owned the property directly to the west of the subject property.  She explained that if the swale was put on Mr. Moody’s property the water would have to be pumped up hill.  She stated that if the tiles were fixed the wetland would dry up.  She remarked that she did not understand what dedicating the 60-foot easement would accomplish.  She also stated that she supported the plan; however, she suggested that Mr. Moody grant the trail easement without it being directly connected to County Road 52E.  She felt that using one access to County Road 52E instead of using three accesses would be more beneficial. 

 

 

 

DISCUSSION:

 

Discussion went back to the drainage issue and Adequate Public Facilities.

 

Commissioner Korb discussed Condition #4 that required the 60-foot wide drainage easement and stated that the Adequate Public Facilities requirement was inappropriate for the current circumstance.  He suggested removing Conditions #4 and #5 from the Preliminary Plat conditions of approval.

 

Commissioner Wallace suggested taking a vote on whether Condition #4 should be included in the Motion in order to clarify the Commission’s position on that issue.

 

Commissioner Korb 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 Trails End Rezoning, file #00-S1564, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions:

 

I.    The Development Services Team recommends that the Planning Commission recommend to the Board of County Commissioners approval of the request to rezone the property for the Trails End Planned Land Division from R2 (Residential) and C (Commercial) to PD (Planned Development) as represented in the Planning Department File #00-S1654 subject to the subject to the following conditions:

 

      The Planned Development (PD) zoning for the property shall be as follows

 

PD (Planned Development)

 

A. Principal uses:

 

Agricultural

 

Boarding stable (S)

Pet animal facility (MS/S)

Pet animal veterinary clinic/hospital (MS/S)

Livestock veterinary clinic/hospital (MS/S)

 

Residential

Single-family dwelling (R)

Group home for the developmentally disabled (R)

Group home for the elderly (R)

Group home (R)

 

 

 

 

Utilities

Utility substation (L)

Water storage facility (L)

Treatment plant (L)

 

B. Lot, building and structure requirements:

 

1. Minimum lot size:

a. 10 Acres

 

2. Minimum setbacks:

a. Front yard—Refer to section 8.17 (supplementary regulations for setbacks from highways and county roads) of the Larimer County Land Use Code as amended. The setback from an interior subdivision road or established public or private road must be 25 feet from the property line or from the nearest edge of the road easement.

 

b. Side yards—25 feet.

 

c. Rear yards—25 feet.

 

d. Streams, creeks and rivers—100 feet from the centerline of the established watercourse.

 

3. Maximum structure height—40 feet.

 

4. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10 of the Larimer County Land Use Code as amended.

 

Commissioner Boulter seconded the motion

 

Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, Wallace and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED: 8-0

 

Commissioner Wallace 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 Trails End Preliminary Plat, file #00-S1564, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions modified as follows:  Condition #5 be restated to require the dedication of a 60-foot half-width right-of-way on County Road 52E, and the first sentence of Condition #6 be modified to read “The Final Plat shall provide building envelopes on each of the lots, with the building envelope on Lot 3 located at least 60 feet west of the east boundary line.”.

Commissioner Boulter seconded the Motion.

 

Commissioner Wallace Amended the Motion to include Condition #4.

 

Commissioner Pond seconded the Amended Motion.

 

Commissioner Wallace voted in favor of the Motion.

 

Commissioners Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo and Chairman Morgan voted against the Motion.

 

MOTION FAILED: 7-1

 

Commissioner Korb 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 Trails End Preliminary Plat, file #00-S1564, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions modified as follows:  delete Condition #4; Condition #5 renumbered to #4 and restated to require the dedication of a 60-foot half-width right-of-way on County Road 52E; Condition #6 renumbered to #5 modifying the first sentence to read “The Final Plat shall provide building envelopes on each of the lots, with the building envelope on Lot 3 located at least 60 feet west of the east boundary line”; and Condition #7 renumbered to #6.

 

II.          The Development Services Team recommends that the Planning Commission recommend to the Board of County Commissioners approval of the Preliminary Plat for the Trail End Planned Land Division (00-S1654) subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plat and with the information contained in the Trails End Planned Land Division (File #00-S1654), 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 Trails End Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre R-1school 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.   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.

 

4.   Prior to the recordation of the final plat the applicant shall illustrate on the final plat an easement for the purposes of a pedestrian and bicycle trail.  The easement shall be situated adjacent to County Road 52E along the entire northern boundary and the width shall be as agreed upon between the Larimer County parks and Open Lands Department and the applicant.  A 50-foot half-width right-of-way will be dedicated on County Road 52E.

 

5.   The final plat shall provide building envelopes on each of the lots, with the building envelope on Lot 3 located at least 60 feet west of the east boundary line, and the building envelopes shall not encroach into the wetland buffers surrounding the existing wetlands on the property.  Should the applicant mitigate and consolidate the wetlands to another location on the property, this area should be excluded from the building envelopes.

 

6.   If the applicant chooses to leave the wetlands as currently situated on the property a management plan for the maintenance and protection of the wetlands, consistent with Section 8.2 of the Land Use Code shall be provided and approved.

 

Commissioner Boulter seconded the Motion.

 

Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, Wallace and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #5 CSU BIOCONTAINMENT LAB LOCATION & EXTENT #04-Z1533:  Mr. Karan provided background information on the Location and Extent (L&E) proposals that varied from typical applications.  The review from Staff was generalized, and the report would focus primarily on: 1) The impact on the surrounding area, 2) The project's compatibility with surrounding uses, and 3) The appropriateness of the location.  An L&E must also determine the extent to which the proposal complied with the Master Plan.  Because of Statutory requirements, these projects must be scheduled and heard within 30 days of the receipt of the application.  Therefore, some referral comments may not have been received for inclusion in this report.

 

 

 

 

The land and buildings are owned and will be maintained by Colorado State University (CSU).  The L&E has two components.  The first component was an expansion of the existing Bioengineering Research Building known as the Regional Biocontainment Laboratory (RBL).  The RBL would be constructed in phases.  It would provide approximately 55,000 square feet of new research labs, support facilities and office space at buildout.  CSU anticipated breaking ground in the Spring of 2005 and completing RBL by the Fall of 2007.  RBL will provide modern, more secure facilities for research concerning a variety of vector-borne diseases (see Health Department’s 1/3/05 memorandum).  Buildings would incorporate state-of-the art safety and security features.  CSU Facilities staff would be working with the County Health Department on public health safety. 

 

The second component was the Small Animal Research Annex (SARA), which would provide 1,800 square feet of research and support space.  This facility would essentially be an upgrade to the existing facilities.  SARA would be built sometime after RBL.

 

The facilities would be used by existing personnel currently working on the Foothills Campus.  Therefore, RBL and SARA should create no additional traffic.

 

CSU Facilities personnel discussed the expected infrastructure improvements.  CSU would address concerns that the Planning Commission had expressed about the cumulative effects of various new development on the Foothills Campus. 

 

PUBLIC TESTIMONY:

 

NONE

 

DISCUSSION:

 

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

 

BE IT RESOLVED that the Planning Commission approve the CSU Biocontainment Lab Location & Extent, file #04-Z1533.

 

Commissioner Waldo seconded the Motion.

 

Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, Wallace and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

ITEM #2:  Legacy Heights Conservation Development #04-S2244:  Commissioner Korb pulled the item off the Consent Agenda for clarification of two issues.  The first being, how to handle the issue of the road maintenance between Subdivisions that have cross access.  The second issue being, the status of a trail easement through the proposed development.

 

LEGACY HEIGHTS CONSERVATION DEVELOPMENT #04-S2244:  Mr. Lafferty provided background information on the request for a Preliminary Plat for a Conservation Development of a 278 acre parcel into 54 single family residential lots and 3 residual lots.  The location of the proposed development was at the southwest corner of County Roads 10 and 21, approximately 2.5 miles west of the Town of Berthoud.  Prior to the Preliminary Plat submittal, a General Development Plan was reviewed and approved (September/October 2004), and the application was consistent with the approved GDP

 

Mr. Lafferty also addressed Mr. Korb’s concerns regarding the road maintenance and replied that currently there was no requirement in the Larimer County Land Use Code requiring the developer to participate in the road maintenance in the adjacent Harvest Heights Development.  He believed that it was a policy issue that the Planning Commission and the Board of County Commissioners needed to resolve outside of a specific application.

 

Commissioner Korb stated his concerns regarding connectivity and how it had been an issue for the Commission.  The Planning Commission desired to achieve connectivity with new development even though they could not determine impact and maintenance responsibility as a result of future development on adjacent properties.  He stated that the connectivity in the development was a maintenance burden that increased for the adjacent development.  He remarked that the issue could not be resolved with the application, but felt the issue should be brought to the attention of the County Commissioners so they could deal with the issue of connectivity and equitable distribution of road maintenance between developments.  He stated that his second issue of concern was related to the desire to enhance the overall livability of the County by encouraging the completion of trail systems.  He further noted that it would be beneficial if the referral information could be more specific.

 

Applicant – Jim Nordhougen - 2432 N Main Street in Longmont – stated that a Rural Land Use Plan (RLUP) did not have anything in place for a trail system and when Hawutha Hills was developed the Parks and Open Lands Department were looking more directly at County Road 23 to put a trail.  He also mentioned that Hawutha Hills did have a 20 foot trail easement along the entire perimeter of the subdivision. 

 

Chairman Morgan wanted clarification on the easement already in place in the Hawutha RLUP.

 

Mr. Helmick stated that there was a trail easement that had been granted by Mr. Nordhougen on the Residual Lot on Hawutha Hills.  He explained that Mr. Nordhougen had agreed to make a trail connection between the Hawutha RLUP and the proposed application; however, there were some outstanding issues that had to be resolved with the lot owner within Hawutha Hills that currently complicate the connection.  He pointed out that if the easement did not work there were other options for the regional trail in the area. 

 

Commissioner Korb asked if Mr. Nordhougen was willing to grant a connection for the trail through the proposed subdivision?

 

 

Mr. Nordhougen stated that a trail could be provided if the location was beneficial to the current neighbors.  He stated that he was willing to grant an easement that would create an appropriate connection to a trail system, but the final trail system had not yet been determined.

 

Discussion continued regarding the trail.

 

PUBLIC TESTIMONY:

 

NONE

 

DISCUSSION:

 

Commissioner Korb 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 Legacy Heights Conservation Development, file #04-S2244, 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 Legacy Heights Conservation Development (File #04-S2244) 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 Legacy Heights Conservation Development.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J 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.   Engineered footings and foundations are required for new habitable construction.

 

4.   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.

 

5.   The applicant shall execute an agreement with the Dry Creek Lateral Ditch Company prior to the recordation of the Final Plat.

6.   Prior to the recordation of the final plat, building envelopes shall be identified on all of the lots on the final plat.  The building envelopes shall be based upon the setback of the FA-1 (Farming) zone district, unless modified by this approval.

 

7.   Prior to the recordation of the final plat the applicant shall define the uses allowed within each of the residual lots and identify building envelopes necessary for any support buildings.

 

8.   During the final plat process the applicant shall address and resolve all the technical issues found in the following referral letters:

 

·  Larimer County Engineering Department by Traci Downs, dated October 25, 2004.

 

·  Larimer County Planning and Building Services Division by Porter Ingrum, dated October 11, 2004.

 

·  Larimer County Parks and Open Lands Department by Charles Gindler, dated October 15, 2004.

 

Commissioner Wallace seconded the Motion.

 

Commissioners’ Boulter, Huddleston, Korb, Oppenheimer, Pond, Waldo, Wallace and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

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

 

ADJOURNMENT:  There being no further business, the hearing adjourned at 9:15 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.

 

 

 

_______________________________                      ______________________________

Roger Morgan, Chairman                                             Jason Waldo, Secretary

 

EXHIBIT A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

 

 

 

 

 

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.