Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of April 18, 2007

 

The Larimer County Planning Commission met in a regular session on Wednesday, April 18, 2007, at 6:30 p.m. in the Hearing Room.  Commissioners Boulter, Cox, Hart, Karabensh, Morgan, Oppenheimer, and Pond were present.  Commissioner Waldo was absent.  Chairman Wallace presided as Chairman.  Also present were Rob Helmick, Principal Planner, Traci Downs, Engineering Department, Doug Ryan, Environmental Health, and Jill Wilson, Planning Technician and Recording Secretary. 

 

Rob Helmick accompanied Commissioners’ Cox, Hart, Karabensh, Morgan, Pond, and Wallace today on a site visit to the Bison Bluff Subdivision and Big Buck Ridge Amended Rezoning.  Commissioners’ 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 MARCH 21, 2006 MEETINGS:  MOTION by Commissioner Pond to approve the minutes, seconded by Commissioner Cox.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:  

A member of the audience requested to speak about the Bison Bluff Subdivision regarding discussion of whether the subdivision would become a part of the Buckhorn Glade Homeowner’s Association.  Chairman Wallace replied that the Bison Bluff Subdivision would stay as Item #2 but become a discussion item.

 

CONSENT ITEM:

 

ITEM #1  SOAPSTONE PRAIRIE LOCATION AND EXTENT #07-Z1646:  Mr. Helmick provided background information on the request to make road and trailhead improvements to the City of Fort Collins Soapstone Prairie Natural Area located at the Wyoming border and approximately five miles west of I-25.

 

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

 

BE IT RESOLVED that the Planning Commission approve the Soapstone Prairie Location and Extent, file #07-Z1646.

 

Commissioner Hart seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

ITEMS:

 

ITEM #2  BISON BLUFF SUBDIVISION  #06-S2534:  Mr. Helmick provided background information on the request to subdivide a 9.48 acre parcel into three lots.  The lot with the existing residence would be 4.78 acres in size and the other two lots would be 2.3 acres.  The subject property is located at the northeast corner of the intersection of County Road 27 and Bison Bluff Street, approximately three miles north of Highway 34.

 

PUBLIC TESTIMONY:

Stephen Burgert, 3209 Huckleberry Way, was the Vice President of the Buckhorn Glade Homeowner’s Association.  He stated that the association had been in contact with the applicants regarding a memorandum of understanding concerning the access to Bison Bluff Street.  Each of the three proposed properties would need access through that street.  Through the memorandum of understanding it was stated that two of the properties would be annexed into the Buckhorn Glade Homeowner’s Association, and the third lot would be grandfathered in with certain exclusion from the current covenants.  He stated that there was no finalized agreement and wanted to be sure that would be completed during the process of approval.

 

Commissioner Morgan asked if Bison Bluff Street was publicly dedicated?

 

Mr. Helmick replied yes.  The homeowner’s association would be responsible for the maintenance of that road.  New subdivision’s would attempt to join those associations but if no agreement could be reached between the new subdivision and the homeowner’s association then the County did require the new subdivision to create their own homeowner’s association and would have to provide the existing association with money for the road maintenance.

 

Chairman Wallace reiterated that if no agreement could be made with the applicants then they had an obligation to pay the association for the road maintenance.

 

Mr. Helmick stated that the details of the maintenance issues would be resolved during the Final Plat stage.

 

Rob Persichitte, Intermill Land Surveying, clarified that the applicants were still working on the covenants and were not ignoring the Buckhorn Glade Homeowner’s Associations’ concerns.  The applicant did want the two new lots to be a part of the Buckhorn Glade covenants.  The issue that they were working on was the exemption of the existing residence from the covenants but not from the road maintenance issues, voting privileges, etc. 

 

Roland McDaniel, 7751 Bison Bluff Street, stated that his property was contiguous to the applicant’s property.  He stated that his wife and he were opposed to the two parcels joining the homeowner’s association because the association’s rules were not in harmony to what had occurred on that property for years.  He thought the lots should be able to have animals on them as they had in the past. 

 

DISCUSSION:

Chairman Wallace remarked that the issue regarding joining the homeowner’s association was not something that the Commission had the authority to mandate, and it would have to be worked out between the two parties. 

 

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 Bison Bluff Subdivision Appeal to Section 4.3 of the Larimer County Rural Area Road Standards for Right-of-Way dedication, be approved.

 

Commissioner Hart seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

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 Bison Bluff Subdivision, File #06-S2534, for the property described on Exhibit “A” to the minutes, be approved subject to the following condition:

 

A.   The Final Plat of the Bison Bluff Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #06-S2534, unless modified by the conditions of this approval.

 

B.   The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice will 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 is not limited to; the issues related to rural development and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

 

C.   Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for 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.

 

D.   The following fees shall be collected prior to issuance of building permit: Larimer County fees for Transportation Capital Expansion Fees, Development Construction Permit fees, Larimer County Park Fee in lieu of dedication and Thompson R2-J School District Fees.

 

E.   Prior to issuance of building permits for Lots 2 and 3, the septic system on Lot 2 must be abandoned and a new septic system must be installed on Lot 1.

 

F.    The new residences on Lots 2 and 3 shall be installed with residential fire sprinklers.

 

Commissioner Hart seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

ITEM #3  BIG BUCK RIDGE PD AMENDED REZONING  #07-Z1630:  Mr. Helmick provided background information on the request to amend the existing Big Buck Ridge Planned Development (PD) zoning to allow all the same uses as the O-Open zoning district and in addition, allow enclosed storage and trade uses with no outside storage, which were not allowed in the O-Open zoning district.  The subject property was located approximately two miles north of LaPorte and was within the LaPorte Area Plan.  In 1993 the applicants were granted two Special Exceptions by the Board of Adjustment.  The first Special Exception was for a taxidermy business, and the second Special Exception was for a meat processing facility.  The conditions placed on those approvals included limiting the business operation to just the applicants, no outdoor storage, and only one employee outside immediate family.  In 2001, the applicants applied and received approval for the Big Buck Ridge Planned Development and Planned Land Division.  The original 35-acre parcel was split into three lots and specified what uses were allowed on the lots.  The previously approved businesses, located on Lot 2, were allowed to continue subject to similar conditions as the original approval.  Lots 1 and 3 were approved for residential and agricultural uses.  If Lot 2 was sold, then the allowed uses would revert to residential and agricultural to match the anticipated uses outlined by the LaPorte Area Plan.  The Development Services Team was recommending approval to change the Big Buck Ridge Planned Development from PD zoning to O-Open.  However, the Team was recommending denial of the request to allow the same uses as the O-Open zoning district as well as enclosed storage and trade uses with no outside storage.  He noted that the LaPorte Area Plan Advisory Committee did support that request however. 

 

PUBLIC TESTIMONY:

Judy Devore, 4721 N. Highway 287, stated that they wanted to sell the building in which the taxidermy and meat processing was operated in.  They had several inquiries by people with small businesses, and they wanted to make sure that the people that did purchase the building would upkeep the property because they did not want any kind of outside storage.  She explained that the property needed to be rezoned so they could sell it to someone who would operate a business within the building and help to maintain the property.  

 

Gene Devore, 4721 N. Highway 287, stated that the biggest problem they had occurred was that people were scared of the County and their rules and regulations.  They wanted to work something out so the buyers could use the building for a specific, inside workshop and not destroy the property.

 

Commissioner Boulter asked why they did not just want it zoned O-Open?

 

Ms. Devore replied that with that zoning hay could be stored, cattle could be raised, etc. and that was not what they wanted for that piece of ground. 

 

 

Mr. Helmick showed the Commission the uses allowed in the O-Open zoning district.  He noted that there was no retail, service, or trade use types of uses. 

 

Steve Shreiner, 4719 N. Highway 287, owned the Shreiner Sawmill located in the vicinity of the subject property.  He asked if the applicants wanted to have the meat processing, taxidermy, and a third operation at one time or if they where clarifying that when they sold the building that the buyers could operate something other than what was allowed in the O-Open district.

 

Mr. Helmick replied that the proposal was to be able to sell the property with the building and put some other non-residential use in the building. 

 

Mr. Shreiner asked if the original proposal had a condition that when it was sold that it reverted back to its original state?

 

Mr. Helmick replied yes.  He explained that the applicants wanted to rewrite the Planned Development zone placed on the parcel to allow all O-Open zoning uses plus enclosed storage with a trade use.

 

DISCUSSION:

Mr. Helmick noted that the LaPorte Area Plan Advisory Committee was in favor of the proposal; however, the Development Services Team did not feel that the proposal was consistent with the LaPorte Area Plan. 

 

Commissioner Morgan did not feel comfortable amending the uses beyond the scope of what was an existing use.  He stated that most of the surrounding area was zoned O-Open, and the building on the lot had alternative uses in an agricultural environment.  He did not feel that specifying that the building could not be used for a commercial endeavor would prevent the applicants from being able to sell.  The property would still be marketable.  He did not agree with morphing Special Exceptions into spot zoning and felt that there were viable options under the O-Open zoning.  He stated that he would support the Development Services Team’s recommendation.

 

Chairman Wallace stated that she agreed with Commissioner Morgan and supported the Development Services Team’s recommendation.  She also remarked that traffic on the road was an issue which would need to be dealt with if the building was converted to a commercial operation.

 

Commissioner Morgan 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 Big Buck Ridge Amended Rezoning request to amend the Big Buck Ridge Planned Development to allow the same uses as the O-Open zoning district as well as enclosed storage and trade uses with no outside storage, file #07-Z1630, for the property described on “Exhibit B” to the minutes, be denied.

 

Commissioner Pond seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

Commissioner Morgan 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 Big Buck Ridge Amended Rezoning request to change the Big Buck Ridge Planned Development from PD zoning district to O-Open, file #07-Z1630, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions:

 

A.   The taxidermy and game processing uses previously approved by the Board of Adjustment and represented in variance files 93-MV0227 and 93-MV0260 are allowed to continue subject to the conditions attached to the original approvals. 

 

B.   Any remodeling, modifying, expanding or changing of character of the existing building will be subject to review and approval by the Poudre Fire Authority.  Poudre Fire Authority may require fire protection in the form of building sprinklers.

 

Commissioner Pond seconded the Motion.

 

Commissioners' Boulter, Cox, Hart, Karabensh, Morgan, Oppenheimer, Pond, 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 7:23 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

 

BISON BLUFF ACRES SUBDIVISION PROPERTY DESCRIPTION:

 

A TRACT OF LAND SITUATE IN SECTION 1, TOWNSHIP 5 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO,

BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

CONSIDERING THE EAST-WEST CENTERLINE OF SAID SECTION 1 AS

BEARING N 88'35'06" E, AND WITH ALL BEARINGS CONTAINED HEREIN

RELATIVE THERETO:

 

BEGINNING AT THE WEST 114 CORNER OF SAID SECTION 1; THENCE ALONG THE WEST LINE OF NORTHWEST 114 OF SAID SECTION 1 N 03'27'18" W, 672.81 FEET MORE OR LESS TO A POINT 2 FEET NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE PARALLEL TO AND 2 FEET NORTHEASTERLY FROM SAID RIGHT-OF-WAY S 50'42' E, 73 8.14 FEET TO A POINT OF CURVATURE; THENCE CONTINUING 2 FEET NORTHEASTERLY FROM AND PARALLEL TO SAID RIGHT-OF-WAY LINE 36.29 FEET ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 "24'01 ", A RADIUS OF 1484.69 FEET AND A CHORD OF 36.28 FEET WHICH BEARS S 50°00'00"E, TO AN EXISTING FENCE AS SHOWN ON CIVIL ACTION 12657 OF SAID COUNTY OF LARIMER; THENCE ALONG SAID FENCE N 89'05'05" E, 875.73 FEET; THENCE CONTINUING ALONG SAID FENCE S 89'45'45" E, 1214.77 FEET MORE OR LESS TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1; THENCE ALONG SAID NORTH-SOUTH CENTERLINE N 02'08'32" W, 123.27 FEET: THENCE N 87O51'28" E, 330.00 FEET; THENCE S 02O08'32" E, 165.00 FEET; THENCE N 87'5 1'28" E, 3 15.26 FEET TO A POINT APPROXIMATELY 20 FEET EAST OF THE TOP OF THE EASTERLY BANK OF BUCKHORN CREEK; THENCE S 02'08'32" E, 90.60 FEET MORE OR LESS TO THE EAST-WEST CENTERLINE OF SAID SECTION 1; THENCE ALONG SAID EAST-WEST CENTERLINE S 88'35'06" W, 645.31 FEET MORE OR LESS TO THE CENTER 114 CORNER OF SAID SECTION 1; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1 S 02O08'32" E, 1 87.02 FEET MORE OR LESS TO THE SOUTH LINE OF THE NORTH 187 FEET OF THE SOUTHWEST 114 OF SAID SECTION 1; THENCE

ALONG SAID SOUTH LINE S 88'35'06'' W, 2659.54 FEET MORE OR LESS TO THE WEST LINE OF THE SOUTHWEST 114 OF SAID SECTION 1; THENCE ALONG SAID WEST LINE N 00'3 1'54" W, 187.02 FEET MORE OR LESS TO THE POINT OF BEGINNING, EXCEPT THOSE PORTIONS DESCRIBED IN BOOK 1868, PAGE 120 AND IN BOOK 2084, PAGE 2 16 AND 9503 18 13, COUNTY OF LARIMER, STATE OF COLORADO.

 

 

 

 

EXHIBIT B

 

BIG BUCK RIDGE PLANNED DEVELOPMENT/AMENDED REZONE:

 

 

LEGAL DESCRIPTION:

 

LOT 1, BIG BUCK RIDGE

 

 

LOT 2, BIG BUCK RIDGE

 

 

LOT 3, BIG BUCK RIDGE

 

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