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LARIMER COUNTY PLANNING COMMISSION

Minutes of July 17, 2013

 

The Larimer County Planning Commission met in a regular session on Wednesday, July 17, 2013, at 6:30 p.m. in the Hearing Room.  Commissioners’ Bohling, Cox, Dougherty, Gerrard, Jensen, Miller, and Wallace were present.  Commissioners Zitti was absent.  Commissioner Glick presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Terry Gilbert, Community Development Director, Rob Helmick, Senior Planner, Clint Jones, Engineering Department, Martina Wilkinson, Engineering Department, and Doug Ryan, Health Department.

 

The Planning Commission went on a site visit to Mail Creek Crossing Planned Land Division/Planned Development.

 

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 JUNE 19, 2013 MEETING:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Commissioner Cox requested that the Election of Officials be moved to the end of the agenda.  Chairman Glick granted the request.

 

MOTION by Commissioner Jensen to move  Item #1 Mail Creek Crossing Planned Land Division/Planned Development to the consent agenda, seconded by Commissioner Miller.  This received unanimous voice approval.

 

CONSENT ITEM:

 

ITEM #1  MAIL CREEK CROSSING PLANNED LAND DIVISION/PLANNED DEVELOPMENT #12-S3133 :  Mr. Helmick provided background information on the request for a Preliminary Plat and Rezoning for a 138 unit Planned Development/Planned Land Division on 39.6 acres in the Fossil Creek Planning area, more specifically situated east of Timberline Road and north of Zephyr Road.  The property was in a TDU (transferrable density units) area which meant that at the Final Plat stage provide TDU’s beyond the density that might be allowed in the FA-1-Farming zoning district.  He stated the when the project finished the final plat stage and was recorded, the property would be annexed to the City of Fort Collins.  He noted that the main concerns from neighbors had been traffic and connectivity, which had been addressed by a modification to the proposed plat.  He stated that the Development Services Team was recommending approval of the project.

 

Chairman Glick stated that Commissioner Gerrard had ongoing business relationships with the applicant and was recused.

 

 

Commissioner Cox disclosed that she collaborated on a committee with the applicant but did not believe that would create a bias. 

 

Commissioner Cox asked if a neighborhood meeting was conducted.

 

Mr. Helmick replied yes and approximately 10 neighbors attended with main concerns of traffic and safe routes for schools.

 

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 approval of the Mail Creek Crossing PD Zoning, File # 13-S3133, to rezone the property from FA-1 Farming/GMA Overlay to PD Planned Development as detailed below, subject to the following condition(s), including the appeals as reviewed:

 

1.    The Rezoning for each phase shall be effective upon the recordation of the Final Plat for that phase of the Mail Creek PLD. 

 

2.    The zoning designations for the Mail Creek PD and PLD shall be PD, which zoning classification shall subject to the development standards and requirements as detailed below :

 

LMN Mixed-use neighborhood area regulations. Development of property as Mail Creek PLD shall conform to the following regulations:

1.Uses. Development plans may be submitted only for the following uses in the mixed-use neighborhood area as shown on the Fossil Creek Reservoir Area Plan:

a.Residential Uses:

(1)Single-family detached dwellings.

(2)Two-family dwellings.

(3)Single-family attached dwellings.

(4)Multifamily dwellings (limited to eight or less units per building).

(5)State licensed group homes for no more than eight developmentally disable persons, provided such home is not located within 750 feet of another such home.

(6)Owner occupied or non-profit group homes for the exclusive use of not more than eight persons 60 years of age or older, provided such home is not located within 750 feet of another such home.

(7)Mobile home parks.

(8)Boarding and rooming houses.

(9)Mixed-use dwelling units.

b.Institutional/civic/public uses:

(1)Places of worship or assembly.

(2)Public and private schools for college, university, vocational and technical education.

(3)Public facilities.

(4)Longterm care facilities.

(5)Parks, recreation and other open lands.

(6)Cemeteries.

 

(7)Community facilities.

(8)Neighborhood support/recreational facilities.

(9)Golf courses.

(10)Public and private schools for elementary, intermediate and high school education.

c.Commercial/retail uses:

(1)Bed and breakfast establishments with six or fewer beds.

(2)Child care centers.

(3)Retail stores with less than 5,000 square feet of gross floor area, provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below.

(4)Personal and business service shops, provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below.

(5)Offices, financial services and clinics containing less than 5,000 square feet of gross floor area, provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below.

(6)Standard and fast food restaurants, provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below.

(7)Artisan and photography studios and galleries provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below.

(8)Offices, financial services, and clinics containing 5,000 or more square feet of gross floor area and/or which are not part of a neighborhood center.

(9)Convenience retail stores with fuel sales, provided they are part of a neighborhood center and are combined with at least one other use listed in subparagraph 4.c.(3) below, and it is [they are] at least three-quarters mile from another such use.

d.Accessory/miscellaneous uses:

(1)Accessory uses.

(2)Accessory buildings.

(3)Wireless telecommunication equipment.

(4)Home occupations.

2.Prohibited uses. All uses that are not expressly allowed in this section shall be prohibited, including special review uses which would otherwise have been allowed in the FA-1 zone district.

3.Land Use Standards.

a.Density.

(1)Residential developments in the mixed-use neighborhood area shown on the Fossil Creek Reservoir Area Plan Map as being located south of East County Road 36 and east of Timberline Road (County Road 11) shall have an overall minimum average density of three dwelling units per net acre of residential land. Residential developments in the mixed-use neighborhood area shown on the Fossil Creek Reservoir Area Plan Map as being located north of East County Road 36 or west of Timberline Road (County Road 11) shall have an overall minimum average density of five dwelling units per net acre of residential land.

(2)The maximum density of any development plan taken as a whole shall be eight dwelling units per gross acre of residential land.

 

 

(3)The maximum density of any phase in a multiple-phase development plan shall be 12 dwelling units per gross acre of residential land.

b.Mix of housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met:

(1)A minimum of two housing types shall be required on any project development plan containing 30 acres or more, including such plans that are part of a phased overall development; and a minimum of three housing types shall be required on any such development plan containing 45 acres or more.

(2)Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots are encouraged adjacent to common open spaces.

(3)The following list of housing types shall be used to satisfy this requirement:

(a)Standard lot single-family detached dwellings (lots containing 6,000 square feet or more).

(b)Small lot single-family detached dwellings (lots containing less than 6,000 square feet).

(c)Two-family dwellings.

(d)Single-family attached dwellings.

(e)Mixed-use dwelling units.

(f)Multifamily dwellings (limited to six dwelling units per building);

(g)Mobile home parks.

(4)A single housing type shall not constitute more than 90 percent of the total number of dwelling units. If single-family detached dwellings are the only housing types included in the mix, then the difference between the average lot size for each type of single-family detached dwelling shall be at least 2,000 square feet.

 

Commissioner Dougherty seconded the Motion.

 

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

 

Commissioner Gerrard abstained.

 

MOTION PASSED:  7-0

 

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 approval of the Mail Creek Crossing Planned Land Division, file #13-S3133, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

 

 

 

 

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Mail Creek Crossing PD/PLD file # 12-S3133, 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 Mail Creek Crossing PD/PLD.

 

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

 

3.    Fire Requirements – fire hydrants shall be installed their location and design shall be consistent with the recommendations of the Poudre Fire Authority.

 

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.

 

Commissioner Dougherty seconded the Motion.

 

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

 

Commissioner Gerrard abstained.

 

MOTION PASSED:  7-0

 

ELECTION OF OFFICIALS: 

Commissioner Dougherty nominated Commissioner Glick for Chairman.  Commissioner Gerrard seconded the nomination.  Chairman Glick moved to close the Nominations and to cast a unanimous ballot electing Commissioner Glick as Chairman.  MOTION PASSED.

 

Commissioner Miller nominated Commissioner Dougherty for Vice Chairman.  Commissioner Cox seconded the nomination.  Chairman Glick moved to close the Nominations and to cast a unanimous ballet electing Commissioner Dougherty as Vice Chairman. MOTION PASSED.

 

 

 

Commissioner Dougherty nominated Commissioner Wallace for Secretary.  Commissioner Cox seconded the nomination.  Chairman Glick moved to close the Nominations and to cast a unanimous ballet electing Commissioner Wallace as Secretary.  MOTION PASSED. 

 

 

 

 

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

 

ADJOURNMENT:  There being no further business, the hearing adjourned at 7:00 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 2 of the Lehman-Timberline Minor Land Division, a plat recorded June 19, 2013 at Reception # 20130046276 of the records of Larimer County, and being situate in a portion of the South Half of the Northwest Quarter (S1/2NW1/4) of Section Eight (8), Township Six North (T,6N), Range Sixty-eight West (R,68W) of the Sixth Principal Meridian (6th P.M., Larimer County, Colorado:

 

Said described parcel of land contains a total of 39.608 acres, more or less.