Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of January 28, 2004

 

The Larimer County Planning Commission met in a special session on Wednesday, January 28, 2004, at 6:30 p.m. in the Hearing Room.  Commissioners’ Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, and Wallace were present. Commissioner Korb presided as Chairman.  Also present were Rob Helmick, Senior Planner, Karin Knauf, Planner II, Geniphyr Ponce-Pore, Planner II, Sean Wheeler, Planner II, Roxann Hayes, Engineering Department, Traci Downs, Engineering Department, Doug Ryan, Environmental Health, and Mandi Schmierer, Planning Technician and Recording Secretary.

 

POSTING OF MEETINGS IN COMPLIANCE WITH OPEN MEETINGS LAW: Commissioner Morgan moved that the Larimer County Planning Commission designate the Oak Street entrance to the Larimer County Courthouse as the public posting place for notices of all official actions and public meetings in accordance with the requirements of the Colorado Open Meetings law (CRS 24-6-402).  Commissioner Huddleston seconded the Motion.  This received unanimous voice approval.

 

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

 

AMENDMENTS TO THE AGENDA: None

 

CONSENT ITEMS:

 

ITEM #1 SHOCKLEY ESTATES CONSERVATION DEVELOPMENT #02-S1976: Mr. Wheeler provided background information on the request to divide 40 acres into 3 residential lots and one residual lot.  The property was located at the northeast corner of the intersection of County Road 16 and County Road 9, southeast of Loveland.  Mr. Wheeler indicated that the new residential lots would be 2 acres in size for Lot 1 and 2.69 acres in size for Lots 2 and 3. 

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Shockley Estates Conservation Development #02-S1976 for the property described on "Exhibit A" be approved subject to the following conditions:

 

A.  The Final Plat of the Shockley Estates Conservation Development shall be consistent with the information contained in the file, #02-S1976 or as modified by conditions of approval.

 

B.   The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, a Larimer County Park Fee in lieu of dedication and a Drainage Basin Fee to be calculated by the County Engineer.  The fee amount that is current at the time building permit application shall apply.

 

C.  Basements are not allowed on the new lots if the lowest floor elevation is not at least 3-feet higher then the ground water.  If basements are proposed, the owners of Lot 2 and Lot 3 must demonstrate by standard engineering methods that they can meet this requirement, before submission of any new single-family residential building permit application.  To be approved, basement construction plans must include perimeter drains to be installed with any sub grade construction.  The drains must be designed to daylight or should discharge to a sump that can be pumped.

 

D.  The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat.  This notice shall provide notice to all future lot owners of the conditions of approval and other issues associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

 

E.   Engineered footers and foundations, and radon testing are required for the new residential lots.

 

F.   Prior to submission of the Final Plat application, the applicant shall satisfy the requirements for sight distance and drainage certification, as required by the County Engineering Department in comments dated 11-3-03.  All other issues raised in the report by the Engineering Department’s comments shall be met at Final Plat.

 

Commissioner Nelson seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

ITEM #2 CRYSTAL LAKES 16TH CONSERVATION DEVELOPMENT APPEAL #03-G0056: Lloyd Scheitlin, 2211 Invar Court, asked for clarification on the process for a Conservation Development and a Subdivision.

 

Ms. Knauf provided background information on the request for an appeal from Section 5.3.2.H of the Larimer County Land Use Code to process a land division proposal as a Subdivision rather than the required Conservation Development.  Ms. Knauf stated that the applicant was proposing to divide 50.3 acres into 9 lots through the subdivision process.  The property was located east of Crystal Lakes 5th Filing and north of Crystal Lakes 3rd Filing off of Navaho Road.  

 

Commissioner Wallace believed that any property that adjoined National Forest should be required to provide a buffer where vegetation management could be efficiently carried out. 

 

Mr. Helmick explained the process for a Conservation Development and for a Subdivision.

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Crystal Lakes 16th Conservation Development Appeal for the property described on "Exhibit B" be approved subject to the following conditions:

 

1.   The plat for the proposed subdivision shall include no lots smaller than five acres.

2.   Each lot shall be designed with a building envelope that avoids steep slopes, rock outcrops and drainage areas. 

3.   The preliminary plat for the proposed subdivision shall include common area connections with adjacent parcels consistent with the previously approved Crystal Lakes P.U.D. Master Plan.

 

Commissioner Wallace seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

ITEMS:

 

ITEM #3 CRYSTAL LAKES 16TH SECTION 8.1.5 APPEAL #03-G0057: Mrs. Knauf provided background information on the request for an appeal to the Adequate Public Facilities Section 8.1.5 Road Capacity and Level of Service Standards, which require improvements to the existing transportation system.  The property was located 8 miles northwest of the Red Feather Lakes Area.  Mrs. Knauf indicated that an analysis of the Traffic Study submitted by the applicant indicated that Adequate Public Facilities were not available to serve the proposed development at the present time.  In addition to paving, additional intersection and bridge improvements may also be necessary. 

 

Mrs. Hayes provided a map that illustrated the roads in the subdivision that would be required to be paved.  She indicated that the developer would be obligated to pave County Road 73C from the point the pavement ends at the intersection with County Road 74E to and through the intersection of County Road 73C and Tami Road.  In addition, Mrs. Hayes noted that the developer would also be obligated to pave Tami Road from the intersection of County Road 73C to and through the intersection of Tami Road and Ottawa Way.  

 

Commissioner Nelson asked how many miles of road would need to be paved.  Mr. Helmick said approximately 5 miles.

 

Discussion continued between Staff and members of the Commission regarding the current condition of County Road 73C and Tami Road.

 

Commissioner Boulter asked how much it would cost to pave County Road 73C and Tami Road.  Ms. Hayes said approximately $450,000-$500,000 per a mile.  

 

Don Weixelman, 100 Marmot Drive, applicant, explained his reasoning for asking for the appeal.  He believed the nine lots would have a minimum impact to the road and that the impact fees would be collected at the time a building permit was issued.

 

Commissioner terMeer asked Mr. Weixelman if he had been involved with the entire development of Crystal Lakes.  Mr. Weixelman said yes. 

 

Dayton Hyde, Box 257, Manager of the Crystal Lakes Road and Recreation Association spoke on behalf of the Crystal Lakes Road and Rec. Board of Directors.  He addressed the concerns the board discussed at the meeting and indicated that their major concern was the condition of Creedmore Lakes Road (County Road 73).  They asked that if the subdivision was approved, it would be responsible for carrying its own load as far as increased snow plow and increased road maintenance. 

 

Chairman Korb asked how it would be determined for the proposed subdivision to carry its own load.  Mr. Hyde said miles of additional roadway and by helping to increase the width of Tami bridge. Chairman Korb also asked Mr. Hyde if the Association would be responsible for the interior roads of the subdivision.  Mr. Hyde said it would depend on the agreement between the developer and the Association. 

 

Commissioner Nelson asked why the Adequate Public Facilities was not addressed for all the other filings in Crystal Lakes.  Mrs. Hayes said because all the other filings were developed under the old regulations which did not require Adequate Public Facilities.

 

PUBLIC TESTIMONY:

Bob Rubenstein, 4125 Snow Ridge Circle, asked about access to the subdivision from Navajo Road.

 

Erich Van Stroheim, 418 Park Street, indicated that he owned a piece of property in Crystal Lakes 6th Filing and asked what the prospects would be for getting the road improvements done if the Adequate Public Facilities appeal was denied.  Mr. Van Stroheim concurred with staff's recommendation.

 

Public Hearing was closed at this time.

 

Mr. Helmick provided a map that illustrated all the lots in Crystal Lakes Subdivision and noted that all the lots pre-date the Land Use Code requirements and the requirements for Adequate Public Facilities but are subject to the Transportation Capital Expansion Fee assessed at building permit time.

 

Commissioner Boulter was concerned about building permits being issued in the area when Adequate Public Facilities were not available.  Mr. Helmick responded to Commissioner Boulter's concern and stated that when the current Land Use Code was adopted it was acknowledged that errors had been made in the past and a policy was created not to compound those errors in the future.

 

DISCUSSION:

Commissioner Morgan asked if there was an alternative method to improving the condition of the road rather than having to pave it.  Mr. Helmick said no.

 

Commissioner terMeer believed that because Mr. Weixelman had been the developer of the entire Crystal Lakes Subdivision he should be required to provide adequate public facilities. 

 

Commissioners' Wallace, Waldo, Pond, Boulter all agreed with Commissioner terMeer.

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Crystal Lakes 16th Filing Section 8.1.5 Appeal for the property described on "Exhibit C" be denied.

 

Commissioner Pond seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb, voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

Hearing recessed for a 10-minute break.

 

ITEM #4 LARIMER COUNTY LANDFILL EXPANSION LOCATION AND EXTENT REVIEW #03-Z1492: Mrs. Ponce-Pore provided background information on the request to vertically expand the Larimer County Landfill. The landfill was located approximately ½ mile north of the intersection of South Taft Hill Road and Trilby Road.  Mrs. Ponce-Pore indicated that the landfill was first opened in 1963 and included an area of 180 acres on a 651-acre site.  The proposed expansion would expand the existing landfill a maximum of 36.5 feet vertically above the currently approved design and would provide the landfill with an additional life span of about 15-20 years from approximately 2010. 

 

Steve Harem, County Natural Resource Department, provided illustrations that showed where the solid waste was currently being buried at the site.  Mr. Harem spoke about the landfill and indicated that they were currently filling the site in 6 phases.  He explained each of the phases and said that Phase 1 had been completed and capped as well as Phase 3 which had been completed and was in the process of being capped.  Mr. Harem explained that their proposal request was for the vertical expansion in Phases 2, 4, 5, & 6 which were located in the north half portion of the Section.  Mr. Harem continued to speak about the proposal and provided a topographic map that illustrated the design expansion.  He noted that the highest point of the expansion would be 37 feet higher than the current highest point of the completed area in the landfill which was Phase 3.  

 

Stephen Gillette, Director of the County's Natural Resources Department, spoke about the methods they used at the landfill to make it last longer and indicated that each day they were required to place a 6 inch cap over the active fill area.  Mr. Gillette also spoke about recycling capabilities in the Urban Growth areas in Loveland and Fort Collins. 

 

Commissioner Boulter asked if some of the trash was being taken to the Waste Management facility on the east side of town.  Mr. Gillette said that some of the trash was going to waste management at North Weld and a good portion of it was being taken to the two landfills in Erie.

 

Chairman Korb asked if alternative sites had been considered.  Mr. Gillette indicated that they were currently not actively seeking alternative sites, but he was still searching for a 640 acre site with no houses within a mile.  Chairman Korb asked if funding had been set aside for a replacement site. Mr. Gillette said there was approximately 4 million in the replacement fund.

 

Commissioner Wallace asked if the present site was considered a good site.  Mr. Gillette said yes and the geological structure under the landfill was considered better than some manufactured lined landfills. 

 

Commissioner Pond asked if the borrow area north of the buildings was still active.  Mr. Harem said that the area had good clay material which was being used for capping. 

 

Commissioner Nelson asked what the southern portion of the property was being used for.  Mr. Harem indicated that it was being used as a borrow area. 

 

PUBLIC TESTIMONY:

Lee Evans, 5065 Westridge Drive, asked what had been done to find an alternative site for the landfill.

 

Chris Thomlinson, 5434 Hidden Springs Road, spoke in opposition to the vertical expansion. 

 

Bruce Philbrick, City of Loveland Solid Waste Division, urged approval of the expansion and indicated that it was needed to maintain affordable disposal locally.  He also urged the County to continue to explore the different options for waste diversion at the landfill such as programs to separate out yard waste, building materials and other recyclable materials as well as creating financial incentives for commercial and residential haulers.

 

Scott Elledge, 5115 Westridge Drive, asked if there were any plans to increase the diversity of the recycle bins to include for other materials.

 

Public Hearing was closed at this time.

 

Mr. Gillette provided information on the recycling programs.  He indicated that the biggest challenge was finding a way to make recycling pay for itself. 

 

Mr. Harem spoke about the life of the landfill.  He said they were asking for approval to build up to a certain design which would give them a certain amount of air space to fill up.  The amount of time it would take to fill up the air space was only an estimate.

 

DISCUSSION:

 

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

 

BE IT RESOLVED that the Planning Commission approves the Larimer County Landfill Expansion Location and Extent #03-Z1492.

 

Commissioner Huddleston seconded the Motion.

 

Commissioner terMeer urged the Natural Resource Department to continue to explore different options for recycling.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb, voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

 

 

ITEM #5 LARIMER COUNTY LANDFILL EXPANSION REZONING #03-Z1494: Mrs. Ponce-Pore provided background information on the request to rezone 104 acres of a 325-acre parcel from FA-1-Farming to I-Industrial.  She indicated that in 1985 the northern portion of the parcel was rezoned from I-Industrial to FA-1 in order to accommodate a shooting range, which required the FA-1 zoning. 

 

Commissioner Nelson asked if the portion that was being proposed to be rezoned was currently covered with trash.  Mr. Harem said yes.

 

Chairman Korb asked for clarification on the distance from the perimeter of the actual landfill to the boundary of property to the north. Mr. Harem said there were certain areas in the landfill where they were only 50' from the property line. 

 

PUBLIC TESTIMONY:

Lee Evans, 5065 Westridge Drive, asked if penalties had been paid for trash being disposed of in the area that was being proposed to be rezoned.  Mr. Evans was also upset that the County had permitted the landfill to vertically expand in the year 2001 without input from the public. He spoke in opposition to the rezoning.

 

Sandra Shelling, spoke in opposition to the landfill expansion.  She indicated that before she bought her property in 1990 she was promised that the landfill would be gone within 5-7 years.  Ms. Shelling spoke in frustration about the promises that had been made by the Natural Resources Department that the landfill would not continue to operate at the current site.  She questioned why the fees had not been increased so another site could be purchased.

 

Nina Elledge, 5115 Westridge Drive, asked what the southern borrow area was intended to be used for and why the vertical expansion of 37' was needed if the portion that was being proposed for rezoning was also going to be used as a fill area.   

 

Public Hearing was closed at this time.

 

Mr. Harem, indicated the southern borrow area was purchased by the County for the landfill, but after the area had been studied they had decided that there was not enough usable space for landfill.  He also stated the rezoning for phase 6 was needed to place trash in order to build up a uniform slope. 

 

Mrs. Ponce-Pore explained the sequence of events for the previous rezoning applications that occurred for the landfill.

 

DISCUSSION:

Commissioner Huddleston asked if the activity and the operation in Phase 6 would be required to cease if the rezoning request was denied.  Mr. Helmick said the decision would be based on the outcome of the Certificate of Designation.

 

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

 

 

 

 

 

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Larimer County Landfill Expansion Rezoning #03-Z1494 for the property described on "Exhibit D" be approved.

 

Commissioner Boulter seconded the Motion.

 

Chairman Korb offered a caveat to the Motion and suggested the issues that were brought up by Mr. Evans regarding the rezoning history for the landfill be discussed at the Board of County Commissioners' Hearing.  He encouraged Mr. Evans to attend the Board of County Commissioners' Hearing.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

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

 

ADJOURMENT:  There being no further business, the hearing adjourned at 9:20 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.

 

 

 

_______________________________                      ______________________________

Mark Korb, Chairman                                                  Rodney Nelson, Secretary

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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EXHIBIT D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.