Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of January 18, 2012

 

The Larimer County Planning Commission met in a regular session on Wednesday, January 18, 2012, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, and Zitti were present.  Commissioner Glick presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Samantha Mott, Planner II, Jeff Goodell, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Recording Secretary. 

 

Mr. Lafferty accompanied Commissioners Cox, Dougherty, Glick, Hart, Miller, Wallace and Zitti on a site visit to Annunciation Chapel Special Review and Parker 2nd Subdivision.

 

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 DECEMBER 21, 2011MEETING:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Chairman Glick stated that the Public Service Gas Line Location and Extent, file #11-Z1872, would be moved from the consent agenda.

 

CONSENT ITEMS:

 

ITEM #1  FLATIRON CAMPGROUND CABINS LOCATION AND EXTENT #11-Z1870:  Ms. Mott provided background information on the request to have two camper cabins/park model recreational vehicles as camping facilities on the north and west sides of Flatiron Reservoir in Loveland.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Flatiron Campground Cabins Location and Extent, file #11-Z1870, subject to the following condition:

 

1.   If the park model recreational vehicles are set permanently on the property they will require building permits and inspection approvals.  They will also be subject to setback requirements.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

ITEM #2  HARMONY ROAD WATER LINE LOCATION AND EXTENT #11-Z1869 :   Mr. Helmick provided background information on the request for the Fort Collins-Loveland Water District to construct a 24-inch domestic treated water line south of Harmony Road, east of I-25 to County Road 5, and north into Timnath. 

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Harmony Road Water Line Location and Extent, file #11-Z1869, subject to the following conditions:

 

1.   All additional permits for roadway crossings shall be obtained prior to construction.

 

2.   Permits or reviews as required for construction activity in the floodplain shall be obtained prior to the commencement of any construction activity in those areas.  

 

3.   This approval is only for those segments in the County’s jurisdiction and permits and permissions must be obtained from the Town of Timnath and the City of Fort Collins for those portions of this project in those areas. 

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

ITEM #4  CRYSTAL LAKES LOWER LONE PINE LOCATION AND EXTENT #11-Z1871 :   Mr. Helmick provided background information on the request for expansion of the Crystal Lakes Water and Sewer Association’s Lower Lone Pine Lake to increase the surface area to 6.4 acres and raising the dam by 15 feet to allow for an increase from 10.5 to 100+ acre feet of storage.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Crystal Lakes Lower Lone Pine Location and Extent, file #11-Z1871, subject to the following conditions:

 

1.   The Association and property owners shall submit Amended Plat application(s), to re-establish the lots after acquisition by the Association, insuring continued fishing access to the lake.

 

2.   The Association shall coordinate with the Fire District to install, if feasible, dry hydrant(s) to enhance fire protection. 

 

 

 

3.   Construction impacts shall be mitigated through coordination with affected owners and the Association and the Road and Recreation Association. 

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

ITEM #5  PARKER 2ND SUBDIVISION #11-S3041 :   Mr. Helmick provided background information on the request for a subdivision of 26.9 acres into three lots of 2.9, 4.8, and 19.2 acres located northwest of the intersection of County Road 14 and County Road 21.

 

DISCUSSION:

Commissioner Cox 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 Parker 2nd Subdivision, file #11-S3041, 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 and with the information contained in the Parker 2nd Subdivision Preliminary Plat File # 11-S3041, 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 Parker 2nd Subdivision Preliminary Plat.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements – At the time of the development of Lot 3, the current owner will be required to install fire protection consistent with the requirements of the Code.  If lot 3 develops as only a single family use then hydrants within 600 feet of a residence or residential fire sprinklers in the alternative shall be require.  Any redevelopment (construction of a new residence) of Lots1 and 2 shall require hydrants within 600 feet of the residential structure or residential fire sprinklers. 

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

 

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.   The access to Lot 3 from CR 14 shall be in one of the two locations as depicted on the Preliminary Plat.  These locations shall be shown on the Final Plat. 

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

ITEM #6  ANNUNCIATION CHAPEL SPECIAL REVIEW #11-S1853 :   Mr. Whitley provided background information on the request to allow the expansion of an existing non-conforming church in the FA-Farming and O-Open zoning districts including the addition of a pastor’s residence and a pre-school/daycare facility for up to 20 children located at 290 E. County Road 56 northeast of the intersection of Highway 1 and County Road 56.

 

DISCUSSION:

Commissioner Cox 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 Annunciation Chapel Special Review, file #11-S1853, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Annunciation Chapel Addition Special Review, File #11-Z1853 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 Annunciation Chapel Addition Special Review.

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement.

 

5.   Final Site Plan documents, including deeds of dedication, shall be submitted within 90 days of the signing of the Findings and Resolution.

 

6.   The property owner may continue to use the parking spaces and maneuvering area within the right-of-way until County Road 56 and/or Highway 1 is widened.  Upon request the property owner shall submit a Site Plan Review application for the relocation and/or reconfiguration of the parking lot.  It will be the responsibility of the property owner to make all necessary improvements and to comply with all applicable standards in effect at the time. 

 

7.   The access onto County Road 56 shall be relocated as per the approved plans prior to the issuance of a certificate of occupancy for the church addition.

 

8.   The future establishment of a day care facility will require site plan review to evaluate compliance with current health, building and fire code requirements.

 

9.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

10.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

11.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

 

 

 

 

ITEM:

 

ITEM #3  PUBLIC SERVICE GAS LINE LOCATION AND EXTENT #11-Z1872 :   Mr. Helmick provided background information on the request for four, 4-6 inch high-pressure gas line segments located north of Fort Collins between Highway 1 and LaPorte, and southeast of Loveland, east of County Road 11 north of Highway 60.  He explained that some segments would be rebuilds and some would be new lines.  He stated that some property owners had concerns with the alignment in Loveland but he felt that the concerns had been addressed.  Along that same alignment, a property owner had concerns that there was no historic easement for the gas line on the property.  Mr. Helmick stated that Xcel was willing to address the issue to determine whether an easement was needed.

 

Commissioner Dougherty asked if Xcel could use imminent domain to take an easement on the site if it was found that one did not exist.

 

Mr. Helmick replied that the corridor existed, and Xcel would examine the issue and do what they felt was needed.

 

Commissioner Wallace asked how deep the pipelines were and if they were marked.

 

Mr. Helmick stated that the standard bury depth was 5 feet but could be 6-7 feet.  There would be markers, which were required by the State.

 

Dan Tekavec, Public Service Right-of-Way Manager, stated that the project was in the preliminary stages.  He stated that the preference was to have the line go through private right-of-way on the east or west sides of the road but would go down the middle of the road if needed.  He stated that they intended to continue communication with the concerned property owners in order to obtain a mutual beneficial agreement for both parties.  He explained that the line would maintain 48-inches of ground cover and signage was dictated to be at line of site and at property boundaries. 

 

PUBLIC TESTIMONY:

None.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Public Service Gas Line Location and Extent and addendum dated January 2012, file #11-Z1872, subject to the following conditions:

 

1.   Follow the Larimer County Best Management Practices for pipeline construction; this shall include plans for revegetation of disturbed areas.

 

2.   The applicants shall coordinate all ditch crossings with the appropriate ditch companies and insure that all licenses and agreements are in place prior to construction.

 

 

3.   The applicant shall coordinate all bores/crossings of the local and county roads affected by the route and obtain all necessary permits and permissions. 

 

4.   The applicant shall obtain all necessary and required municipal, State and Federal permits for the construction of the pipeline.  This includes any floodplain or other permits.

 

5.   The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval.  Significant alterations to the route shall be evaluated by the County prior to commencing activity, and may be subject to further review.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Hart, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:20 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.

 

 

_______________________________                      ______________________________

Scott Glick, Chairman                                                            Nancy Wallace, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

Lot 1, AMENDED PLAT OF TRACTS A & B, PARKER M.R.D. No. 95-EX0693 situate in

the South Half of the Southeast Quarter of Section 32, Township 5 North, Range 69 West of

the 6th P.M., County of Larimer, State of Colorado.

 

The above described parcel contains 26.91 acres, more or less, and is subject to any existing

easements and/or rights of way of record.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

That portion of the Southwest Quarter of Section 13, Township 8 North, Range 69

West of the 6 th P.M. County of Larimer, State of Colorado being more particularly

described as follows;

 

Considering the South line of said Southwest Quarter as assumed to bear

South 88 27' 23" East and with all bearings contained herein relative thereto;

 

Beginning at the Southeast corner of the Southwest Quarter of said Section 13,

thence along a line that swings from the section corner N 87 42' E 836.80 feet to the

Southwest corner of said property being the TRUE POINT OF BEGINNING. Thence

along the west line of said property N 4 02' W 216.5, thence; N 89 46' E 461.5 feet

S 84 02' W 261.5, thence; S 89 46' W 461.5 feet to the TRUE POINT OF BEGINNING.

 

The above parcel contains 2.76 acres, more or less.

 

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