Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of August 16, 2006

 

The Larimer County Planning Commission met in a regular session on Wednesday, August 16, 2006, at 6:30 p.m. in the Hearing Room.  Commissioners’ Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Wallace were present.  Chairman Wallace presided as Chairman.  Commissioner Karabensh was absent.  Also present were Rob Helmick, Principal Planner, David Karan, Planner II, Christie Coleman, Engineering Department, Doug Ryan, Environmental Health, and Jill Wilson, Planning Technician and Recording Secretary. 

 

Rob Helmick accompanied Commissioners’ Cox, Hart, Pond, and Wallace today on a site visit to Dry Creek Ridge Subdivision and Meadows at Rolling Hills Planned Land Division and Planned Development.  Commissioners’ Karabensh, Morgan, Oppenheimer, and Waldo were absent.  Commissioner Boulter visited the sites independently.

 

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 JULY 19, 2006 MEETINGS:  MOTION by Commissioner Pond to approve the minutes, seconded by Commissioner Oppenheimer.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:  

Mr. Helmick noted that regarding Item #2:  Meadows at Rolling Hills Planned Land Division/Planned Development the applicant and Staff had reached an agreement based on the revised condition presented to the Commission and suggested that the item be moved to the consent agenda.  He also noted that there was an error in the agenda under the “Request” section on the front page.  He explained that it should state that the Planned Land Division was 54 acres and 14 lots not 39 acres and 11 lots and remarked that the published public notice, and the balance of the staff report was correct.

 

Chairman Wallace stated that Item #2:  Meadows at Rolling Hills Planned Land Division/Planned Development would be moved to the consent agenda.

 

CONSENT ITEMS:

 

ITEM #1  DRY CREEK RIDGE SUBDIVISION #05-S2393:  Mr. Karan provided background information on the request to create three single-family residential lots and one outlot on 9.79 acres located on the northeast corner of the intersection of County Roads 23H and 20 approximately 1.5 miles west of Loveland city limits and Boedecker and Buckingham Lakes.

 

Commissioner Pond 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 Dry Creek Ridge Subdivision, file #05-S2393, 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 Plat and with the information contained in the Dry Creek Ridge Subdivision (File #05-S2393).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Dry Creek Ridge Subdivision.

 

2.   Engineered foundations are required for new habitable construction on this site as recommended by the Colorado Geologic Survey.

 

3.   Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test 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 that 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.   The following fees shall be collected at building permit for new single family dwellings. Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and Loveland Basin drainage fee.  The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement.  The County Engineer’s office also requires a Developmental Construction Permit, prior to commencing development construction.

 

5.   The applicant shall execute a Development Agreement and a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The Disclosure Notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, 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.

 

6.   Lot owners, the Dry Creek Ridge Subdivision Homeowners Association and South Side Ditch Company will adhere to the provisions of the agreement dated May 22, 1998, recorded May 28, 1998, at Reception Number 98043102 and of Section 8.8 of the Larimer County Land Use Code.

 

Commissioner Waldo seconded the Motion.

 

Commissioners' Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

ITEM #2  MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION/PLANNED DEVELOPMENT #04-S2337:  Mr. Karan provided background information on the request for a Planned Land Division to divide a 54 acre parcel into 14 residential lots ranging from 2.3 to 3.88 acres and three outlots situated south of Rolling Hills Estates 2nd Filing, east of County Road 54G and west of Buckskin Trail.  The request also included a rezoning to Planned Development, an appeal to Section 8.14.2.S (Connectivity) of the Land Use Code, and an appeal to Section 3.1.2.a (allow a smaller-than-required separation between access points on County Road 54G) of the Land Use Code.  Mr. Karan explained that the application had already been heard by the Planning Commission at their November 15, 2005 hearing and approved by the Board of County Commissioners on February 13, 2006.  However, since that time the applicant had discussions with the adjacent property owner and was now proposing to move the access road south 702 feet, which would allow expansion of the northwest side of the property.  The applicant was also proposing to add three more residential lots to the additional land.

 

Mr. Karan also supplied the Commission members with replacement text, which would replace Condition #9.  It stated, “Prior to the hearing before the Board of County Commissioners, Lot 13 shall be reconfigured in order to facilitate a sewer system location that avoids the Lyons sandstone geologic formation and demonstrate a reasonable building site and driveway access.  The revised lot layout and any supporting soil test information shall be approved by the Departments of Health, Planning and Engineering Staff in advance of the Commissioner’s hearing.”

 

Chairman Wallace asked if the Health Department was in support of the new condition?

 

Mr. Ryan replied that he had meet with the applicant’s engineering firm and planning consultant and a number of options were discussed.  One option was to shift the lot lines on Lot 13 to incorporate a reasonable septic system location.  He stated that he was convinced it could occur, and as a result new replacement wording was proposed for Condition #9. 

 

Chairman Wallace confirmed that the lot would not be approved until the septic/sewer system issue was worked out?

 

Mr. Ryan stated that the Development Services Team was recommending that the Planning Commission recommend to the Board of County Commissioners that they not hear the application until the boundaries for Lot 13 had been revised, and the Development Services Team had an opportunity to review and concur that the septic system, access, and building envelope locations were appropriate.

 

DISCUSSION:

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 Meadows at Rolling Hills Planned Land Division/Planned Development, file #04-S2337, appeals to Section 8.14.2.S (Connectivity) and Section 3.1.2.a. (to allow a smaller than required separation between access points on County Road 54G) of the Larimer County Land Use Code be approved.

 

Commissioner Morgan seconded the Motion.

 

.Commissioners' Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

Commissioner Boulter 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 Meadows at Rolling Hills Planned Development, file #04-S2337, for the property described on “Exhibit B” to the minutes, be approved subject to the following condition:

 

1.  Rezoning to PD will not be effective until and unless the Board of County Commissioners approve a Final Plat and the plat and all necessary documents are duly recorded.

 

Commissioner Morgan seconded the Motion.

 

Commissioners' Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

Commissioner Boulter 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 Meadows at Rolling Hills Planned Land Division/Planned Development, file #04-S2337, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions and amended Condition #9:

 

1.   The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Meadows @ Rolling Hills Planned Land Division (file #04-S2337).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Meadows @ Rolling Hills PLD& Rezoning.

 

2.   Engineered foundations are required for new habitable construction on this site as recommended by the Colorado Geologic Survey. 

 

3.   Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test 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 that 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.   The following fees shall be collected at building permit for new single family dwellings. Thompson R-2 school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement.  The County Engineer’s office also requires a Development Construction Permit, prior to commencing development construction.

 

5.   The applicant shall execute a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, 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.

 

6.   Basement construction will not be permitted on Lots 5 and 6.

 

7.   Any required right-of-way dedication for County Road 54G will be shown on the final plat submitted at the beginning of the Final Plat process.

 

8.   The applicant’s geotechnical engineer will provide lining recommendations for the detention ponds at the final plat stage.

 

9.   Prior to the hearing before the Board of County Commissioners, Lot 13 shall be reconfigured in order to facilitate a sewer system location that avoids the Lyons sandstone geologic formation and demonstrate a reasonable building site and driveway access.  The revised lot layout and any supporting soil test information shall be approved by the Departments of Health, Planning and Engineering staff in advance of the Commissioner’s hearing.

 

Commissioner Morgan seconded the Motion.

 

Commissioners' Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

 

 

 

 

 

 

Commissioner Boulter 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 Meadows at Rolling Hills Planned Land Divison, Planned Development, and appeals to Sections 3.1.2.a and 8.14.2.S of the Larimer County Land Use Code, file #04-S2337, approved at the February 13, 2006 Board of County Commissioners hearing be null and void subject to a new approval by the Board of County Commissioners.

 

Commissioner Morgan seconded the Motion.

 

Commissioners' Boulter, Cox, Hart, Morgan, Oppenheimer, Pond, Waldo, and Chairman Wallace 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 6:50 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                                            Kristen Karabensh, Secretary

 

 

 

 

 

EXHIBIT A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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