HomeMy WebLinkAboutSADDLEBACK SUBDIVISION, PHASES II, III & IV - COUNTY REFERRAL - 55-88, A - DECISION - OTHER JURISDICTIONS9
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MINUTES
LARIMER COUNTY PLANNING COMMISSION
Subdivision and Zoning Matters
DATE/TIME OF MEETING: July 20, 1988
6:30 P.M.
MEMBERS PRESENT:
Commissioners Johnson, Pedersen, Buell, Moore, Norman, Bolton (late
arrival) and Chairman Keiss
MEMBERS ABSENT:
Commissioner VanHorn
STAFF PRESENT:
Henry Baker, Planning Director; Jill Bennett, Comprehensive Planner; Al
Kadera, Subdivision Administrator; Jerry White, Zoning Administrator;
and Sandra Beck, Recording Secretary
AMENDMENTS TO AGENDA:
Chairman Keiss suggested that the COLLAMER REZONING, Item #3, be moved
to the Consent Agenda, and Item #2, AMENDMENT TO SECTIONS 9.2, 10.2.
11.2, 12.2, 22.2, 24, and 26 OF THE COUNTY ZONING RESOLUTION PERTAINING
TO OIL AND GAS WELLS be tabled to August 24, 1988.
MINUTES:
The minutes of the June 15, 1988 meeting were presented for approval.
Commissioner Moore stated that the wording: MOTION: Commissioner
Pedersen moved the recommend approval of the Walker Manufacturing
Proposal subject to the changes to Staff Recommendation #A.5. and
AMENDMENT TO .... should be deleted (Page 1580) leaving only the Motion.
Commissioner Pedersen moved to approve the minutes with the above
corrections. Commissioner Moore seconded the motion. It received
unanimous voice approval.
CONSENT ITEMS:
Commissioner Moore moved to recommend approval of Item #1, CELLULAR ONE
SPECIAL REVIEW and Item #3, COLLAMER REZONING, as presented by staff
with conditional approval. Commissioner Norman seconded the motion.
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July 20, 1988
ITEM #1: CELLULAR ONE SPECIAL REVIEW #Z-14-88
Approval of the Special Review with the conditions that the site be
developed and operated in accordance with Zoning File Exhibit A
(Application for Zoning Action dated May 25, 1988).
ITEM #3: COLLAMER REZONING #Z-8-88
Approval of rezoning from O-Open to C-Commercial with the following
conditions:
1. Prior to use or development of the property, additional information
required for business zoning requests in the Zoning Action process
shall be submitted in the form of a Special Review site specific
development plan and shall be approved by the Board of County
Commissioners. The plan shall meet all requirements for
development within the Urban Growth Area or shall include specific
waivers and variances from the requirements.
2. The existing illegal commercial use of the property shall be
discontinued at the end of the current lease or by March 1, 1989,
whichever is sooner, or shall meet the requirements for development
stated in condition #1 above.
3. No off -site advertising signs shall be permitted on the property
unless specifically approved in the Special Review site specific
development plan.
ROLL CALL VOTE:
Yes: Commissioners Moore, Johnson, Buell, Pedersen, Norman, and
Chairman Keiss
No: None
ITEMS:
ITEM #4: SADDLEBACK SUBDIVISION, PHASES II, III, & IV #S-71-88
Al Kadera, Subdivision Administrator, gave a project description and
explanation of major concerns and issues on this request to divide 35.42
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July 20, 1988
acres into 71 lots for single family residential use and rezone the
parcel from R-Residential to R-1, Residential.
STAFF FINDINGS:
1. The proposed preliminary plat of Saddleback Subdivision, Phase II,
III, & IV is consistent with the Larimer County Comprehensive Plan and
with the land use policies established by the Intergovernmental
Agreement with the Fort Collins Urban Growth Area.
2. Rezoning the site from R-Residential to R-1 Residential is
consistent with the land use policies established by the
Intergovernmental Agreement for the Fort Collins Urban Growth Area.
3. Approval of the preliminary plat for Saddleback Subdivision, Phases
II, III & IV as conditioned will not result in any significant negative
impacts on utility services, transportation facilities, surrounding
properties, or the natural environment.
TESTIMONY:
Mike Jones, engineer representing the applicant, indicated general
agreement with staff comments but requested that the $750 per lot fee be
used for construction of the turn lane, the note on radon testing be
excluded from the plat, the developer not be responsible for putting in
the turn lane on Overland Trail, and if Saddleback does participate with
the homeowners in Wakonda, it should be a mutual participation.
Al Kadera, Subdivision Administrator, commented that a reciprocating
Homeowners Association may not be necessary, as once the streets are
constructed and approved by County Engineering and half of the lots are
sold, it is the County Commissioners' current policy to accept the
streets for County maintenance.
Maury Deines, applicant, commented that he is in favor of the project,
but the mutual homeowners associations was not his intent. He indicated
he appreciates the residents' concerns, would be willing to compromise,
and would recommend as an alternative Wakonda Drive be used as an
emergency exit only.
Ben Herman, 2934 Wakonda Drive, stated his concerns about rezoning the
lot size, increase in density, long build -out of 71 lots, bridge
construction, street maintenance, and construction traffic. He
questioned whether a 12-foot bike lane would supply emergency access.
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Planning Commission Minutes
July 20, 1988
Roger Birmingham, 2902 Wakonda, expressed concerns regarding
construction traffic, access across the canal, the smaller size of lots
diminishing the character of the subdivision, and the impact on the
schools.
Shelly Birmingham, 2902 Wakonda, stated strong opposition to the
proposal and preference for Wakonda to remain a dead-end street.
Carol Oldemeyer, surrounding property owner, expressed concerns
regarding Wakonda Drive being used as an access road to building site
and the quality of the homes. Maury Deines addressed this concern by
mentioning that the bridge across the canal would be constructed first,
eliminating construction traffic.
David Kelly, 2828 Wakonda, expressed concerns with property values,
impacts on roads, and no definite assurance that there would be no
construction traffic.
Cindy Max, 2913 Wakonda, stated her preference that Wakonda Drive remain
a dead-end street, expressing concerns with child safety and rural
atmosphere.
Jean Wymore, 3003 Wakonda, expressed the opinion that any agreement made
with Maury Deines be made in writing and strongly enforced, and she
mentioned road impact and traffic concerns.
Darrell Alred, 2602 Wakonda, mentioned the petitions presented by
homeowners, indicated concerns with maintaining the ambience and
environment, and thought the size of lots at the west end of the
proposal should be made larger to be consistent with LinMar Acres.
Thomas Collins, 2933 Wakonda, mentioned concerns with empty homes,
safety of children and the integrity of the neighborhood.
John Oldemeyer, 2603 Wakonda, expressed concern with County maintenance
of the road if opened to traffic.
Bob Taylor, Wakonda Drive, expressed concerns for maintenance
responsiblity for Wakonda Drive.
Jim Fisher, 2922 Wakonda, questioned the procedure to be followed to
change the Subdivision Regulations or obtain a variance to allow the
road to remain a dead end street. Al Kadera indicated that it would be
necessary to request a variance from the Board of County Commissioners.
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Keith Ware, surrounding property owner, indicated interest in a fire
crash gate that was installed between two City subdivisions.
Bill Moseley, 2817 Wakonda, indicated he would be in favor of the street
not being opened except for emergency provisions.
DISCUSSION:
Chairman Keiss mentioned the possibility of fencing being constructed
between Saddleback and Lin Mar Acres subdivisions for livestock and
continuity concerns by the homeowners on Wakonda Drive. Concerns were
also expressed with the possibility of three different types of fences
being constructed along each boundary. Commissioner Pedersen was not in
favor of fencing because of surrounding rural areas, but suggested the
configuration be changed to make larger lots to be compatible with Lin
Mar. The applicant, Maury Deines, agreed that the request was
reasonable. Commissioner Moore commented that the emergency crash gate
was a good solution for the traffic impact problems of through traffic.
Commissioner Buell indicated that he saw no need for lot size
configurations.
MOTION:
Commissioner Pedersen moved to recommend approval of the following with
staff recommendations and additional conditions. Commissioner Buell
seconded the motion.
Approval of the rezoning of this site from R-Residential to R-1
Residential effective upon approval of final plat.
Approval of the waiver of the off -site street capacity requirements of
the Urban Growth Area Agreement.
Approval of the proposed preliminary plat of Saddleback Subdivision,
Phases II, III, & IV, with the following conditions:
1. All final plats shall be completed in strict conformance with the
requirements of the Larimer County Subdivision Resolution and with the
conditionally approved preliminary plat.
2. The concerns expressed by the County Engineer in a memo dated June
29, 1988, shall be addressed prior to the submission of a final plat.
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3. The first final plat shall include the construction of a street
system connecting Wakonda Drive and Stonecrest Drive, or a suitable
alternative, emergency access shall be provided subject to the approval
of the Poudre Fire Authority and the County Engineer.
4. The two fire hydrants noted in the letter from the Poudre Fire
Authority dated June 9, 1988, shall be relocated on the final utility
plans.
5. Prior to any final plat application, the applicant shall finalize an
Out of City Utility Service Agreement with the City of Fort Collins.
6. The existing water line between Lots 16 and 17, Block 2, shall be
addressed in the final utility plans if it is to be abandoned or an
easement shall be included on the final plat if the water line is to
remain.
7. The width of the easement between Lots 7, 8, 13, and 14, Block 3,
shall be shown on the final plat.
8. Minimum front setbacks shall be shown on all reversed corner lots on
the final plat.
9. The homeowners association documents submitted with any final plat
shall include specific information concerning the rights and
responsibilities of the lot owners with respect to the drainage
facilities. Also included shall be a specific time table for deeding
these facilities to the homeowners.
10. The following notes shall be placed on all final plats:
a. Engineered footing and foundation plans shall be required for
any construction on this site.
b. Larimer County Park Fees for the Fort Collins Urban Growth Area
shall be paid when building permits are issued for each single-family
dwelling on this site.
C. The Street Improvement Fee shall be paid when building permits
are issued for each single-family dwelling in this project.
d. After each residential structure is enclosed, but prior to the
issuance of a Certificate of Occupancy, air samples shall be collected
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July 20, 1988
and analyzed by a qualified laboratory to determine if radon gas is
present in the structure.
11. This preliminary plat constitutes a site specific development plan,
the approval of which triggers a vested property right pursuant to state
and local law. If this approval is conditional, failure to abide by the
terms and conditions will result in a forfeiture of vested property
rights.
12. LOTS 17, 18 AND 19 OF BLOCK 2 BE REDESIGNED TO MAKE THREE LOTS INTO
TWO LOTS.
13. LOTS 1, 2 AND 3 OF BLOCK 4 BE MADE INTO TWO LOTS RATHER THAN THREE
LOTS.
14. WAKONDA DRIVE NOT BE A THROUGH STREET, BUT BE DESIGNED SO THAT IT
HAS ONLY EMERGENCY ACCESS SUBJECT TO APPROVAL OF POUDRE FIRE AUTHORITY
AND THE COUNTY ENGINEER.
AMENDMENT TO MOTION:
Commissioner Buell moved to recommend the removal of the lot
configuration from the above -recommended conditions for approval.
Motion failed for lack of a second.
POLL CALL VOTE:
Yes: Commissioners Bolton, Moore, Johnson, Pedersen, Norman,
Buell, and Chairman Keiss.
No: None
ADJOURNMENT:
There being no further business before the Board, the meeting adjourned
at 8:15 p.m.
ATTEST:
Steve Johnson, Secretary
Robert Keiss, Chairman
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