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LARIMER COUNTY PLANNING COMMISSION

Minutes of October 15, 2008

 

The Larimer County Planning Commission met in a regular session on Wednesday, October 15, 2008, at 6:30 p.m. in the Hearing Room.  Commissioners Benton, Glick, Hart, Oppenheimer and Wallace were present.  Commissioner Morgan presided as Chairman.  Commissioners’ Cox, Hess, and Weitkunat were absent.  Also present were Matt Lafferty, Principal Planner, Sean Wheeler, Planner II, Traci Shambo, Development Review Engineer, Marc Engemoen, Public Works Director, Mark Peterson, County Engineer, Martina Wilkinson, Traffic Engineer, Kyle Arend, Engineer, Dale Miller, Road & Bridge Director, Doug Ryan, Health Department, Heather Zimdahl, Planning Technician and Recording Secretary. 

 

Matt Lafferty accompanied Commissioners’ Hart, Oppenheimer and Wallace on a site visit to Raser Conservation Development, Timnath Elevated Water Storage Tank Location and Extent, Owl Canyon Corridor Project, and Complete Equestrian Special Review on October 15, 2008.

 

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 SEPTEMBER 17, 2008 MEETING:   MOTION by Commissioner Glick to approve the minutes; seconded by Commissioner Benton.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None

 

TABLED ITEMS:

Mr. Lafferty stated that the Land Use Code Amendments regarding Thresholds, file #08-CA0088 had been tabled to November 19, 2008 at 6:30pm.

 

MOTION by Commissioner Wallace to table the Land Use Code Amendments regarding Thresholds, file #08-CA0088 to November 19, 2008 at 6:30pm; seconded by Commissioner Hart.

 

Mr. Lafferty stated that the Land Use Code Amendments regarding Cemeteries, file #08-CA0089 had been tabled to November 19, 2008 at 6:30pm.

 

MOTION by Commissioner Wallace to table the Land Use Code Amendments regarding Cemeteries, file #08-CA0089 to November 19, 2008 at 6:30pm; seconded by Commissioner Hart.

 

Mr. Lafferty requested that the Prospect Mountain Water District Service Plan, file #08-G0156, be tabled to December 17, 2008 at 6:30pm. 

MOTION by Commissioner Wallace to table the Prospect Mountain Water District Service Plan, 08-G0156 to December 17, 2008 at 6:30pm; seconded by Commissioner Hart.

Commissioners' Benton, Glick, Hart, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

ALL MOTIONS PASSED:  6-0

 

 

CONSENT ITEMS:

 

ITEM #1  RASER CONSERVATION DEVELOPMENT PRELIMINARY PLAT, FILE #07-S2749:

Mr. Wheeler provided background information on the request to subdivide 46 acres as a 3-lot Conservation Development (CD).  Two lots would be approximately 2.49 and 4.53 acres in size and the Residual Lot would be 37.8-acres, with a 2-acre building envelope for a single-family residence.   

 

DISCUSSION:

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 Raser Conservation Development, file #07-S2749, request to subdivide 46 acres as a 3-lot Conservation Development, 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 & the information contained in the Raser Conservation Development (File #07-S2749) 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 Raser Conservation Development.

 

2.   The applicant shall sign a Final Development Agreement for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat.  This agreement shall provide notice to all future 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, the need for engineered footings and foundations, the need for passive radon mitigation, the provision of fire protection measures and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

 

3.   The applicant shall sign a Disclosure Notice for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat, that provides important information to potential buyers about conditions of approval, rural area issues, water rights, etc.

 

4.   The following fees shall be collected at building permit issuance for new single family dwellings: the Poudre R1 school fee, the Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees in lieu of dedication.  The fee amount that is current at the time of building permit application shall apply.

 

5.   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.

 

6.   Residential sprinkler systems, fire system horns and strobes are required for all new residential construction, per the requirements of the Wellington Fire Protection District.

 

7.   Engineered footings and foundations are required for all new habitable construction. Engineering for any new residential and/or septic system construction shall be done in consideration of the recommendations of the Colorado Geological Survey.

 

8.   As part of the Final Plat, the applicant shall make all technical corrections required as part of this review, and provide the additional information requested by the referral agents as part of this review.

 

9.   The Final Plat will show an access easement to the well on Residual Lot A, for access to the well from Residential Lot 2.  The applicant shall provide a shared well access and maintenance agreement for Residual Lot A and Residential Lot 2.

 

Commissioner Glick seconded the Motion.

 

Commissioners' Benton, Glick, Hart, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

 

ITEM #2  TIMNATH ELEVATED WATER STORAGE TANK LOCATION AND EXTENT, FILE# 08-Z1717:

Mr. Lafferty provided background information on the request made by the Fort Collins/Loveland Water District to replace an existing 750,000 gallon ground level water storage tank with a 170 foot tall, 2 million gallon, elevated water storage tank.  The 0.92 acre site for the proposed replacement tank is along the southern end of Timnath Reservoir.

 

DISCUSSION:

Commissioner Hart asked if there had been any comments received by staff from surrounding property owners or the Town of Timnath.

 

Mr. Lafferty replied no.

 

Commissioner Hart asked if the height of the water tank was similar to others in the area.

 

Mr. Lafferty replied that it was comparable.

 

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

 

BE IT RESOLVED that the Planning Commission approve the Timnath Elevated Storage Tank Location and Extent, file #08-Z1717, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   Access shall be coordinated with the Larimer County Engineering Department and if an access permit is required one will be obtained and any necessary improvements will be installed prior to any operation or activity at the site.

 

2.   Site modifications that affect the drainage pattern of intensity in the area shall require approval by the Larimer County Engineering Department.

 

Commissioner Glick seconded the Motion.

 

Commissioners' Benton, Glick, Hart, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

 

ITEMS:

 

ITEM #3  OWL CANYON CORRIDOR PROJECT: 

Mr. Engemoen provided general background information on the Owl Canyon Corridor Project.  He explained that the Owl Canyon corridor (generally the connection between the I-25/Larimer County Road 70 interchange and the US 287/Larimer County Road 72 intersection) included several miles of roadway that were non-paved despite traffic volumes (including both cars and trucks) that were in some areas more than three times above the County's paving threshold. This surface deficiency and several other factors were contributing to maintenance, function, air quality and safety concerns.

 

Martina Wilkinson elaborated on the process of analyses and identification in finding the best possible route for the Owl Canyon corridor to run. 

 

Kyle Arend explained Staff’s recommendation and what the next steps would be if approved.

 

Commissioner Hart asked if the County had adequate right-of-way for the project.

 

Marc Engemoen replied that he believed that the County did in fact have adequate right-of-way, but it may be necessary for the County to pick up minimal right-of-way along County Road 19.

 

PUBLIC TESTIMONY:

Sue Foster, 10315 N County Road 15 Fort Collins remarked that she objected to the re-routing of the Owl Canyon Corridor.  She believed that paving the corridor would eventually affect the quality of rural lifestyle in the area, as well as encouraging commercial and industrial traffic.   She pointed out that County taxpayers should not be liable for cross-country drivers, trucks seeking a short cut and drivers who insist on 65+ speed limits on rural county roadways.  She was worried about the increase in traffic from the Soapstone Natural Area that was to be open soon.

 

Michelle Johnson, 4817 E County Road 62 Wellington said that she was very frustrated with the process.  She explained that she had concerns about the Highway 287 relocation (NSIP) as in related to the Owl Canyon Corridor project.  She also had concerns, about property values in the area.  She suggested that the County not make a decision on the Owl Canyon Corridor project until the Hwy 287 relocation (NISP) project is accepted or rejected. 

 

Len Roark, 4809 E County Road 62 Wellington explained that he was in support of the project because the traffic in the area needed to be dealt with.

 

Mr. Engemoen replied to some of the comments that had been made.  He explained that the County was looking at putting in some roundabouts at certain intersections along the Owl Canyon Corridor to slow traffic speeds down.  He stated that the Owl Canyon Corridor project was designed to work with no alignment change of Hwy 287 as is related to the NISP project, but if the alignment for Hwy 287 was changed it should not affect the outcome of the Owl Canyon Corridor project as recommended.  He reminded the Planning Commission that the project was more that 5 years out for anything to happen.

 

Commissioner Morgan closed public comment.

 

DISCUSSION:

Commissioner Benton asked the roundabouts and the level of difficulty for larger trucks to move through them.

 

Mr. Engemoen replied that Larimer County would not design the roundabouts to deter truck traffic.  He explained that about half of the truck traffic had legitimate reason to be in the area, such as Grant Farms trucks, and for that reason, the Engineering Department would design the roundabouts to accommodate larger vehicles.

 

Mrs. Wilkenson remarked that roundabouts were designed with a truck apron that would accommodate very large trucks should they need the extra room.  She provided some statistics on the success of roundabouts in lowering speeds.

 

Commissioner Glick asked about putting various signage up to prevent trucks from using the corridor to pass through to Hwy 287.  He also wondered about speed limits and speed limit enforcement.

 

Mr. Engemoen replied that the Engineering department had never been instructed by the Board of County Commissioner to limit truck traffic in the corridor.  He explained that the public road system was not only for residential traffic but also for the movement of goods and services.  He remarked that restricting traffic on the roadway would be a political, not a technical decision. 

 

Commissioner Wallace stated that she believed that the time had come for paving the roadway.  She explained that she did not see an alternative to what was being proposed. 

 

Commissioner Hart remarked that the road needed to be paved for road safety issues, and he believed that the proposed plan made the most sense. 

 

Commissioner Morgan stated that he would be in support of the Owl Canyon Corridor project.  

 

Commissioner Hart 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 Owl Canyon Corridor Project, be adopted.

 

Commissioner Benton seconded the Motion.

 

Commissioners' Benton, Glick, Hart, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

ITEM #4  COMPLETE EQUESTRIAN SPECIAL REVIEW, FILE #07-Z1669:  

Mr. Wheeler provided background information on the request for an existing Riding Academy and Horse Boarding Business.  Under the O-Open zoning, lots were allowed to have one horse per ½- acre provided the animals belong to the property owners who were also responsible for the costs of caring for them.  Along with boarding horses, the applicant taught riding lessons and provided training for individual horses.  The business also had operated a day camp over the summer of 2008 as part of the riding academy.  The applicant indicated that there was room on site to park up to 20 personal vehicles and seven horse trailers.  Customers were told they could visit the site seven days a week during daylight hours, with exceptions allowed in emergency situations.  Access was provided by a private driveway that was shared with two other property owners.  The driveway easement used by all three property owners was created by separate Deed following County approval of the MRD Plat.  That easement was not shown on the recorded plat and it was not reviewed or approved by the County.  The easement shown on the recorded MRD Plat ran along the south property line to provide access to the site, but was not in use.

 

Commissioner Glick asked about the detailed Site Plan condition.

 

Mrs. Shambo replied that staff asked for that condition to have documentation of what was to be approved.  She explained that staff needed to have a complete copy of the plans for that property and everything that was approved.

 

Nicole Collins, 1750 E Douglas Road explained that she would like to address some of the issues that were brought up in the staff presentation.  She provided additional information on the traffic impact of the business use on the property.  She elaborated on the number of trips per day in 2007.  She remarked that her business was not out of the ordinary for the area.  She explained that there were at least 4 other boarding stables in the area.  She pointed out that with her 11 acre property she would be allowed to have a maximum of 22 horses, but she did not wish to operate with that capacity.  She believed that her business was more of a positive impact on the community than a negative one.  She remarked that she had offered to pay 100% of the road maintenance cost, and would still be willing to pay her share, or even 100%.

 

Commissioner Wallace asked if the applicant had made any attempt to resolve the access easement issue.

 

Mrs. Collins replied that she had a lawyer draft a letter that explained the applicant’s right to use the driveway, but could not be specific on the business use part.

 

Commissioner Oppenheimer asked if the applicant had suitable insurance and workman’s compensation for a boarding operation.

 

Mrs. Collins replied yes.

 

PUBLIC TESTIMONY:

John Claus stated that the applicant had done a lot of work to fix up the property and said that it would be a shame to not let her continue the work that she had done.

 

Scott Doyle, 3829 Twilight Lane, Fort Collins explained that some days the property was quiet and other days it was not.  He remarked that there were visitors that did come everyday.  He pointed out the properties that were long and narrow with a one lane road to serve all three properties of the Deline MRD.  He suggested that the road was intended for residential use only.  He remarked that he and his neighbor are the only ones who maintained that road from the time they first bought the property.  He questioned the communication from the applicant to the neighbors.  He recapped on the negative impacts to the neighbors such as stench, insect population, noise, traffic, and dust.  He stated that having a business of horses was not compatible with the residential setting of the area. 

 

Steve Zelenak, 4098 Trouble Trail, Fort Collins asked if a special review approval would run with the land or the land owner.

 

Mr. Wheeler replied that a typical special review approval would run with the land.  He explained that if the applicant were to sell the property another homeowner could operate the business per the original special review approval.

 

Commissioner Wallace asked if the Planning Department could restrict approval to the current land owner.

 

Mr. Lafferty replied yes.

 

Mr. Zelenak suggested that if the Planning Commission were to recommend approval, that it be for the current land owners only.  He stated the business had operated for 2 years and they did not notice it.

 

Melinda Kontz, 1421 E Douglas Road stated that most of the neighboring property owners own or board horses.  She did not think that the traffic was an issue because Douglas Road was already a very busy road.  She suggested that the applicant be able to continue the business. 

 

Kay Lonneman, 3828 Twilight Lane stated that the applicant’s property was not the place to have a business.

 

Amy Zelenak, 4098 Trouble Trail, Fort Collins questioned the Davies property and what was allowed there.

 

Merlue Davies, 1520 E Douglas Road stated that the area was a nice rural setting and the business did not belong there.

 

Zach Collins, 1750 E Douglas Road stated that they had done a lot of work to the property to clean it up.  He explained that Mr. Doyle was informed of the business plan early on and they had gotten the impression that they could work the neighbors and the business would be fine as it was.  He believed that there was still room for compromise.

 

Joanne Carlson, 3261 Silverthorne Drive, Fort Collins remarked that Larimer County needed small businesses.  She hoped that there would be a compromise so that the Applicant did not have to loose her business. 

 

Arnold Jewett, 1200 E Douglas Road provided some paperwork on the road access issue.

 

Mary Griffin-Strom, 1809 Kelmar Ct., Fort Collins stated that the applicant had been a wonderful mentor to her daughter and would like to support the operation.

 

Commissioner Morgan asked if the applicant wanted to speak in response to the public comments made.

Mrs. Collins explained that the road was originally set up for the oil company and then for the Deline Land and Cattle Company, not for residential use.  She elaborated on the business operations such as tilling manure and other business operations in the immediate area.  She expressed that she did want to be a good neighbor.

 

Commissioner Morgan closed public comment.

 

DISCUSSION:

Commissioner Hart asked about the access situation.

 

Mr. Wheeler stated that the applicant had to prove that they had legal access to the property for the use and that had not been demonstrated to Staff.

 

Commissioner Glick asked what the maximum number of horses the applicant could have on the property, if there were not a business.

 

Mr. Wheeler replied that as a private land owner could have 1 horse per ½ acre.  So, on 11 acres the applicant could have up to22 horses.

 

Commissioner Glick asked if the applicant could put in a private driveway to access Douglas Road.

 

Mrs. Shambo replied that it was staff’s desire not have another access point off of Douglas Road but engineering staff would have to look at it as a special case.  She explained that spacing and site distance were concerns when putting in new access points. 

 

Commissioner Hart stated that there were many mixed uses in the neighborhood and the extra 10 vehicle trips per day did not seem significant, but explained that he could not see approving the application without having proof of legal access.

 

Commissioner Benton remarked that staff had done a good job of pointing out that the application did not meet all of the review criteria necessary for approval. 

 

Commissioner Wallace remarked that she was bothered by the access issue as well.  She explained that this application would have been difficult to approve had it not been already in operation.  She stated that the business did not quite fit in the area. 

 

Commissioner Oppenheimer stated that he concurred with the other Commissioners.

 

Commissioner Morgan stated that he concurred with Commissioner Wallace that if the applicant was asking for permission to run a business on the property he would not have supported it because it did not meet the criteria.

 

 

 

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 Complete Equestrian Special Review, file #07-Z1669, request for approval of an existing riding academy and horse boarding business, for the property described on “Exhibit C” to the minutes, be denied.

 

Commissioner Glick seconded the Motion.

 

Commissioners' Benton, Glick, Hart, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

 

 

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

 

ADJOURNMENT:   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.

 

 

 

 

_______________________________                      ______________________________

Roger Morgan, Chairman                                           Karen Weitkunat, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

A tract of land situate in the Northwest 1/4 of Section 2, Township 9 North, Range 68 West of the 6th P.M., Larimer  County, Colorado which considering the West line of the Northwest 1/4 as bearing S 01º40'17"W and with all bearings  contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said Northwest 1/4 which bears S 01º40'17"E 1079.00 feet from the North west corner of said Section 2 and run  thence N 89º25'49"E 141 0.28 feet; thence S 01º19'01"E 146.81 feet; thence S 05°08'28"E 1262.75 feet to a point on the  South line of the said Northwest 1/4; thence N 89º27'29"W 1486.65 feet to the West 1/4 corner of said Section 2; thence  N 01º40'17"W 1376.94 along the West line of the said North west 1/4 to the point of beginning, containing  46,0895 acres more or less,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

A tract of land located in the Northwest Quarter of the Southeast Quarter of Section 26, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at the South Quarter Corner of said Section 26 and considering the South line of the Southwest Quarter of the Southeast Quarter to bear South 89o16'33" East with all bearings contained herein relative thereto:  Thence South 89o16'33" East along said line 1321.58 feet to the Southeast Comer of the Southwest Quarter of the Southeast Quarter of said Section 26, North 00o39'43" East, 1320.62 feet to the Southeast Corner of the Northwest Quarter of said Section 26 the TRUE POINT OF BEGINNING; Thence North 89o10'08" East 200.00 feet to a point on the North Line of the Northwest Quarter of the Southeast Quarter of said Section 26; Thence South 00°39'43" West, 200.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 0.92 acres more or less and is subject to any easements of record or that may exist on said parcel.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

TRACT 1, DELINE MRD S-14-91 AKA BEG AT S 1/4 COR 19-8-68, N 89 59' E 801.98 FT TPOB, N 0 E 1796.4 FT, S   68 54' E 43.22 FT, S 61 50' E 151.62 FT, S 46 50' E 157.41 FT, S 46 50' E .96 FT, S 1602.16 FT, S 89 59' W 288.1 FT TPOB CONT 11.3475 AC M/L

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