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HomeMy WebLinkAboutSADDLEBACK SUBDIVISION, PHASES II, III & IV - COUNTY REFERRAL - 55-88, A - DECISION - OTHER JURISDICTIONS9 0 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. 1595 0 • Planning Commission Minutes 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 1596 0 • Planning Commission Minutes 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. 1597 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. 1598 Planning Commission Minutes July 20, 1988 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. 1599 • Planning Commission Minutes July 20, 1988 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 1600 0 • Planning Commission Minutes 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 1601