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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 12, 1995

SUBDIVISIONS

(No Tapes)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent. Also present were: Russ Legg, Chief Planner; Rob Helmick, Planner II; Elaine Spencer, Engineering Services Manager; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. CRYSTAL LAKES 1ST FILING - LOTS 36 & 39 AMENDED PLAT

(#95-SA0706): 13-10-74; WEST OF RED FEATHER LAKES; 7.69 ACRES;

2 LOTS; O-OPEN ZONING (6-12-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) Crystal Lakes First Filing was approved in 1969; 2) This request is to combine two existing lots resulting on one building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 36 & 39, Crystal Lakes First Filing.

2. CRYSTAL LAKES 13TH FILING - LOTS 130 & 131 AMENDED PLAT

(#95-SA0707): 02-10-74; WEST OF RED FEATHER LAKES; 3.27 ACRES;

2 LOTS; E-ESTATE ZONING (6-12-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Crystal Lakes 13th Filing was approved in 1979; 2) This request is to combine two existing lots resulting in one building site; a utility easement located on the existing lot line will also be vacated; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 130 and 131, Crystal Lakes 13th Filing, and the vacation of the utility easement between these lots.

3. CRYSTAL LAKES 13TH FILING - LOTS 18 & 19 AMENDED PLAT

(#95-SA0708): 03-10-73; WEST OF RED FEATHER LAKES; 3.46 ACRES;

2 LOTS; O-OPEN ZONING (6-12-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) Crystal Lakes 13th Filing was approved in 1979; 2) This request is to combine two existing lots resulting in one building site; a utility easement located on the existing lot line will also be vacated; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 18 and 19, Crystal Lakes 13th Filing and the vacation of the utility easement between these lots.

4. WAVERLY PLACE AMENDED PLAT (#95-SA0709): 23-09-69; SOUTH

SIDE OF COUNTY ROAD 66E, WEST OF COUNTY ROAD 15;

15.19 ACRES; O-OPEN ZONING (6-12-95)

This is a request to reconfigure two existing lots. Staff Findings are: 1) Waverly Place Subdivision was platted in 1905; 2) Many of the original lots were redivided at various times; two of the five acre parcels shown on the Amended Plat were deeded before the County adopted a Subdivision Resolution. The third parcel appears to have been deeded after the Subdivision Resolution was approved; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of the East Half of Tract 39, the East Half of Tract 42, and the West Half of Tract 43, Waverly Place.

5. INDUSTRIAL BUSINESS PARK INTERNATIONAL - LOTS 11 & 12

AMENDED PLAT (#95-SA0712): 08-07-68; WEST OF SUMMITVIEW

DRIVE, NORTH OF HIGHWAY 14; 2.03 ACRES; 1 LOT; I-INDUSTRIAL

ZONING (6-12-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) The plat for Industrial Business Park International was approved in 1981; 2) Tract A of the original plat was amended to create several building sites; this Amended Plat is intended to combine two of these lots into a single building site; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 11 and 12 of the Amended Plat of Tract A, Industrial Business Park International.





M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Crystal Lakes 1st Filing Lots 36 & 39 Amended Plat (#95-SA0706); Crystal Lakes 13th Filing Lots 130 & 131 Amended Plat (#95-SA0707); Crystal Lakes 13th Filing Lots 18 & 19 Amended Plat (#95-SA0708); Waverly Place Amended Plat (#95-SA0709); and the Industrial Business Park International Lots 11 & 12 Amended Plat (#95-SA0712); each as outlined.

Motion carried 2 - 0.

6. PRAIRIE TRAILS PLANNED UNIT DEVELOPMENT (#94-MS0441):

NW 29-05-69; SOUTH SIDE OF COUNTY ROAD 18, 1/2 MILE EAST OF

COUNTY ROAD 23E; 52.02 ACRES; 42 LOTS; R-RESIDENTIAL ZONING

(6-12-95)

This is a request for a Master Plan for the second phase Planned Unit Development on a 52-acre parcel with a total of 42 single family lots; Phase 1 Preliminary Plan on 35 acres for 29 lots. Mr. Helmick reviewed the proposal and the major concerns and issues and he noted that no specific comments have been received from the neighborhood; he stated that most of the concerns raised at the Planning Commission regarding access and design have been addressed and a revised access plan has been submitted. Ms. Spencer noted that the revised access plan is for the eastern access only and the plan meets minimum urban standards; however, the west access plan remains unchanged and the grade of 10% does not meet urban standards. Ms. Spencer presented a video of the road conditions on county road 18 which showed the cracking and patching on the narrow roadway and she noted that construction traffic for the development will worsen the conditions. Staff Findings are: 1) The application meets the density and other basic requirements of the adopted regulations of Larimer County; 2) Sewer service and fire protection are available to this site; 3) Water service is available; however, a significant water line upgrade is necessary to provide adequate flow and pressure; 4) The zoning and application of the PUD are appropriate; 5) Waivers have been approved for the off-site street improvements by the City of Loveland, pursuant to the IGA; 6) The City of Loveland has not commented on the application; 7) Although the site is in the Urban Growth Area, development of this site at this time would be premature' this is truly a fringe site. The costs and needs for the improvements testify to the inappropriateness of the timing of this proposal; 8) The impacts to the transportation system are occurring today and by deferring the improvements necessary to address the inadequacies of the current road, CR 18, the lot owners will bear a sizable economic burden without the needed improvements committed or in place; 9) From a design standpoint, the subdivision has a number of problems; access is the principal concern. The two access points proposed for this subdivision violate the urban area street standards of Larimer County; 10) The County Public Works Department has found that the current off-site transportation facilities are inadequate.

The Staff/Planning Commission Recommendation is for denial of the Prairie Trails Planned Unit Development (#94-MS0441).

Richard Ball, attorney for the applicants, addressed four brief areas: 1) The description of the applicants; 2) The location of Prairie Trails PUD; 3) The grade issue and access; and 4) The Ordinance approved by the City of Loveland with respect to the infra-structure. Mr. Ball noted that this area is not going to annexed by the City of Loveland in the near future and he reviewed the mixture of density surrounding the site. Mr. Ball informed the Board that the applicants have contracted to purchase over two additional acres east of the property in order to create a totally new access into the site; this access meets current road standards and has received approval from Rex Burns of the Larimer County Engineering Department. Mr. Ball also noted that some road improvements have been made by the City of Loveland to the shoulders of CR 18 since the time the video just shown was made. Bob Larsen, applicant, addressed the Board and discussed the access; he noted that the Loveland City Engineer Tom Gathmann did a cost estimate for road repairs and stated that even though the City does not have the money, they will provide a certain amount and it was determined that $3,000 per lot would provide adequate funds to cover the repairs; Chair Disney stated he would like to see this commitment from the City in writing. Ms. Spencer noted that, when collected, these funds will go into Fund 17 for street and drainage funding and is accounted for by subdivision. Mr. Larsen informed the Board that traffic will increase on the road whether or not this development is approved and he approves of the concept that development should pay its own way, within reason. The internal access roads were discussed; the west entrance will be a secondary entrance and will be improved and black topped. Mr. Larsen stated that they are going to soft edge the boundary lines, there will be no fences, and they will try and keep a natural environment. In response to questions about maintenance responsibility, Mr. Larsen noted that the homeowner's association will be responsible for maintenance of the open space and trails.

Dave Shupe, Landmark Engineering, addressed the Board and put the road cost in perspective; he noted that $240,000 will rebuild the road and more than that amount will be collected in road fees from this project. Mr. Shupe discussed the internal access roads and the western access which currently it meets the county road at a 12% grade, but with their planned improvements, it will meet at a 2% grade; he noted that the new western access road meets county standards and the secondary access has approval from Loveland Fire for emergency vehicles. Mr. Shupe discussed the groundwater situation; he noted that wetlands traverse the property and the applicants are interested in preserving those wetlands. Mr. Shupe informed the Board that the South Side ditch has to be crossed to get to the property and currently the crossing is not satisfactory; he informed the Board that this project will replace the entire crossing. Mr. Shupe noted that this proposal is not in the final design stages and other concerns which have been raised today will be addressed when they reach the final stage; he noted that improvements to Little Thompson water system have been made and sewer is available from the City of Loveland.

Commissioner Clarke asked questions about phasing, the internal trail system, and why no sidewalks are being required for this project; Mr. Larsen responded that one internal sidewalk will be provided for the children to walk to the school bus. Ray Bischoff, Thelma Stevenson, and the optionee on the Morgan property, addressed the Board and indicated their support of this development.

Commissioner Clarke stated that if the request today was only for a Master Plan, he could support it, but there is still a lot of work to be done to approve the Phase 1 Preliminary Plan. Commissioner Clarke indicated that, in his opinion, he thinks this is a good plan--it is a good place for houses and is compatible with the neighborhood; however, 25 lots would be more appropriate than 29 in Phase 1 and he would like to have sidewalks included in the design. Commissioner Clarke noted that some real significant things have been added to the proposal, such as the new access road, etc., but he thinks the proposal should be reviewed again by the Planning Commission as the design is now different from the one they originally reviewed and denied 7-0. Chair Disney agreed with Commissioner Clarke's comments that there are too many loose ends, too many unanswered design questions, and he is in agreement with the City of Loveland about road improvements; other issues to be addressed include the west access, ground water problems, and further discussion regarding the homeowners association's responsibility for maintenance of the open space and trails. Chair Disney recommended that the revised proposal be scheduled with the Planning Commission as soon as possible to expedite the process for the applicants.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners return the revised Prairie Trails Planned Unit Development (#94-MS0441) to the Planning Commission for a second review, that they be provided with the comments made at this meeting, and the Planning Staff instructed to schedule this matter on the Planning Commission's agenda as soon as possible.

Motion carried 2 - 0.

7. REQUEST FOR APPROVAL OF TWO FINAL PLATS:

Mr. Legg requested Board approval and the Chair's signature on Final Plats for Buck Subdivision (#94-SU0469) and Solar Ridge Second Filing (94-SU0519) and Subdivision Improvement Agreement for Solar Ridge.

M O T I O N

Commissioner Clarke moved that the Board approve the Final Plats for Buck Subdivision (#94-SU0469) and Solar Ridge Second Filing (#94-SU0519) and Subdivision Improvement Agreement for Solar Ridge, and authorize the Chair to sign same, as requested by Mr. Legg.

Motion carried 2 - 0.

A95-71 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND SOLAR RIDGE

DEVELOPMENT (CHARLES COX PARTNERSHIP) FOR SOLAR

RIDGE SECOND FILING

The meeting adjourned at 11:20 a.m.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



________________________________________

Sherry E. Graves, Deputy County Clerk

June 12, 1995

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