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HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - DECISION - OTHER JURISDICTIONS1 MINUTES LARIMER COUNTY PLANNING COMMISSION Subdivision and Zoning Matters DATE/TIME OF MEETING: January 18, 1989 6:30 p.m. MEMBERS PRESENT: Commissioners Bolton, Johnson, Moore and Vice -Chairman Buell MEMBERS ABSENT: Commissioners Pedersen, Norman and Van Horn STAFF PRESENT: Henry Baker, Planning Director; Jill Bennett, Comprehensive Planner; Russell Legg, Development Processing Administrator; Sandra Beck, Recording Secretary AMENDMENTS TO THE AGENDA: None. MINUTES: Commissioner Moore moved to approve the minutes of December 14, 1988 meeting as presented. Commissioner Johnson seconded the motion. It received unanimous voice approval. k�m ITEM #1: NOEL ANNEXATION Jill Bennett, Comprehensive Planner, gave an explanation of major concerns on this annexation request referral by the City of Fort Collins. STAFF FINDINGS: 1. The Foothills Area is identified as a unique environmental area in plans and agreements adopted by both the City of Fort Collins and Larimer County. 2. The Intergovernmental Agreement encourages annexation of the area and establishes special development guidelines for it. 3. The proposed annexation agreement for the Noel annexation allows a density and intensity of development which is not consistent with adopted planning guidelines for the area. 1652 Planning Commission 0--es January 18, 1989 4. Development of the density and intensity proposed in the annexation agreement would have a negative impact on the environment of the Foothills Area. DISCUSSION: Commissioner Moore expressed concerns with the development of the area in the manner proposed, and with the possibility of land sales speculation. Commissioner Bolton and Vice -Chairman Buell questioned staff with regard to the density proposed and the City's zoning of the area. Commissioner Johnson requested some clarification of the west boundary of the proposal. MOTION: Commissioner Johnson moved to recommend that the City of Fort Collins amend the Noel Annexation Agreement to limit development in a manner consistent with the Larimer County Comprehensive Plan and the Intergovernmental Agreement. Commissioner Bolton seconded the motion. ROLL CALL VOTE: Yes: Commissioners Moore, Johnson and Bolton No: Vice -Chairman Buell ITEM #2: TERRY SHORES NORTH PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT AND MASTER PLAN Russell Legg, Development Processing Administrator, gave the staff presentation of this item to the Commission, stating that this proposal had the support of the Public Works Department, Poudre Fire Authority and the Planning Staff. STAFF FINDINGS: 1. That the proposed use is consistent with the intent and purposes of the Intergovernmental Agreement and the Comprehensive Land Use Plan. 2. That approval of the project, with the recommended conditions, will not impair the public health, safety and welfare by creating undesirable traffic congestions, overburdening of utilities or adverse environmental influences in the area. 3. That the north section of Shore Road is a private drive that cannot be utilized by this development and which could be closed without County consent. 4. That active recreation facilities providing safe and convenient boat access to the lake are necessary for the safety and convenience of future residences. TESTIMONY: Mike Sollenberger, applicant, commented they have tried to make a development that is compatible with the existing development in the area. He mentioned that the 1653 Planning Commission Minuses January 18, 1989 lake access had not been completed as they were waiting for parameters from the Terry Lake Recreation Association concerning requirements by the ditch company, and that outside trailer storage will not be allowed by covenant. Mr. Sollenberger also stated that they would like to dedicate the streets and supported the concept of taxes on the open areas. James Dawdy, President of Terry Shores Homeowners Association, complimented the staff for a job well done on this proposal. He indicated that the Board of Directors of Terry Shores Homeowners Association was in favor of this development, and presented a letter which asked for consideration of certain items: a) potential trespass problems and recommendation for a common area in North Terry Shores to be set aside for recreational uses for members of that community; b) recommendation for a fence and sign postings; c) traffic/safety concerns on the access road. Bob Sands, homeowner in the area, expressed concern that there will be no common area for the residents of this development and suggested provision be made for a recreation area near the lake towards the south. Nancy Fraser, homeowner in Terry Shores, expressed agreement with Mr. Sands and voiced encouragement for provision of an organized recreation area in this development. Mike Sollenberger, applicant, responded that they would not be able to do much on the recreational issue until discussion with the Homeowners Association, and fencing might be a solution to trespass from either development. Responding to the street situation, Mr. Sollenberger indicated he believed that traffic engineering and traffic consultants offered the best and safest solution as presented. Jim Dawdy, President of Terry Shores Homeowners Association, expressed concern about Shore Road existing as a through street for 15 years, and sees a problem in that it is not owned or maintained by the County. He also indicated that Shore Road has been a common access to Terry Shores Subdivision and expressed his desire to see consideration given to making Shore Road an access road. Rosalie Moore, homeowner in Terry Shores, asked how many more public meetings there would be on this proposal allowing public input. Russell Legg responded that the February 6, 1989 Board of Commissioners Meeting would be the last. DISCUSSION: Commissioner Johnson questioned the authority to make conditions of recreational areas. Russell Legg responded that the Planned Unit Development Resolution is the authorization for this. Commissioner Bolton requested clarification of "lake recreational facilities." Russell Legg responded that, at a minimum, this would involve movement of boats and automobiles, turnaround areas and temporary boat storage areas. Commissioner Moore expressed concern with size of the boat access area. Commissioner Buell indicated concern with all of Terry Shores residents exiting through the subdivision. 1654 • • Planning Commission Minutes January 18, 1989 MOTION: Commissioner Bolton moved to recommend approval of the off -site waiver request for improvement to Douglas Road with a change in Condition #2, and Terry Point North P.U.D Preliminary Plat and Master Plan with a change in Condition #4 and #18 and the addition of Condition #31. Commissioner Johnson seconded the motion. Approval of the off -site waiver request for improvement to Douglas Road with the following conditions: 1. Notes added to the final plat requiring payment of the off -site waiver fee at building permit stage. 2. Notes added to the final plat requiring participation in a Special Improvement District if one is formed for-Shore-DOUGLAS Road. 3. Internal streets shall be constructed to Larimer County Urban Standards. Approval of Terry Shores North P.U.D. Preliminary Plat and Master Plan with the following conditions: 1. The final plat shall be submitted in complete conformance with the approved preliminary plat and the Larimer County P.U.D. Resolution. 2. All costs associated with closure and reclamation of Shore Road shall be included in the S.I.A. and collateral provided. Notice of when this work is to be commenced shall be mailed by the applicant to all property owners within 500 feet. 3. Lake recreational facilities and access area shall be provided with this development or a signed agreement shall be provided indicating that existing facilities are available to this development. 4. Pedestrian access points -betweerrEots-8-&-9--and nor th-uf-fot -- shall be paved. 5. Open space shall be deeded to the Homeowners Association at the time the final plat is recorded. 6. The final landscape and wetland plans shall be reviewed by the Division of Wildlife, Fort Collins, and approved by the County Forester. Cost estimates shall be included in the S.I.A. 7. A note shall be placed on the final plat stating "Property taxes assessed against the open space tracts shown on this plat shall be divided equally among all the residential lots or units and their taxes on the open space tracts shall become a part of the property tax assessed against each residential lot or unit. Open space tracts shall not be assessed property taxes as a separate parcel." Language to this effect shall also be placed in the required Homeowners Association document. 1655 • 0 Planning Commission Minutes January 18, 1989 8. A fire hydrant shall be required on the new cul-de-sac on Shore Road. 9. Street name duplication shall be corrected and the cul-de-sac shall be named. 10. Final plans shall have mailbox pick up areas and school bus shelter, if required, identified and approved by Public Works. 11. Drainage easements between Lots 6 & 7, along the east property line of Lots 11 & 12 and on the edge of the cul-de-sac shall be increased to 20 feet. The easement between Lots 17 & 18 should also be labeled as a drainage easement. The general notes under item #2 shall be amended to read "and storm drainage facilities." 12. A signed agreement with their reservoir company shall be included in the final plat submittal. 13. The final plat shall have a note requiring compliance at building permit stage with the recommendation of the Geology Report 1397-73. 14. The final plat shall have a note which states: "Each residential structure built on this site shall be tested for the presence of radon gas after the structure is enclosed but before the certificate of occupancy is issued. Remedial measures, if warranted by the presence of radon gas, shall be left to the discretion of the lot owner." 15. Setbacks shall be amended as noted in the staff report. 16. Underground utilities, easements as requested by the utility companies, street lights, urban level fire protection are required. 17. A note regarding the required park fees shall be placed on the final plat. 18. The final plat must note WHETHER PUBLIC OR PRIVATE STREETS ARE PROPOSED. -that these - -are - -prl vat-e- - stTeets - -and- jai ii - -nvt- -ire- - ma intai ned- - by -Lari mer -County-.- -A Homeowner 1s- - -As sociat =orr - mast- - be --estatrrished --for - ztai nt ananee -of these- s trreets.- 19. Final plat submittal shall include a pavement design to current standards. This design shall also include the required pavement thickness for emergency access, bike paths and pedestrian paths. 20. Final construction plans shall show detail for the connection of Shores Circle to Douglas Road including required safety signs. 21. Final plans shall show details of all landscaped islands. These details will include geometrics, grades, outfall gutter and landscaping plans. The landscaping plans must provide for protection of sight distance at each location. In addition, the plans and S.I.A. shall include provision for watering of landscaped areas and the impact of this water on the adjacent pavement. 1656 • E Planning Commission Minutes January 18, 1989 22. It appears that a "Keep Right" sign may be required at each end of the island at the entrance to the development along with 'One Way" signs and a "Stop" sign for northbound Shores Circle at Douglas Road. 23. The cul-de-sacs appear to be designed for one-way traffic. If this is true then appropriate signing will be required. It should also be noted that current standards require a 28' flowline width if one-way traffic is not proposed. 24. Plans for the entry sign shall be approved by this office prior to installation. 25. Final construction plans shall include a detail of reclamation of the southbound lane of the existing Shore Road from Douglas Road. 26. Signing must be provided for the proposed private driveway (existing northbound lane of Shore Road) to note that this is a private driveway and not a thru street. Current property owners must also be notified that this road will no longer be maintained by Larimer County. 27. The bollards used to mark the end of Shore Road and the emergency access point shall meet current requirements of the Manual on Uniform Traffic Control Devices for marking the end of roadway. Particular attention must be given to nighttime visibility. 28. The cul-de-sac serving Lots 16-20 must be designed to intersect Shores Circle at a 90 degree angle and the horizontal alignment of Shores Circle and improvements to Lot 20 must provide minimum intersection sight distance. 29. The cul-de-sac at the north end of Shore Road must be constructed and approved prior to reclamation of the southbound lane of Shore Road from Douglas Road. 30. A binding annexation agreement is required with the final plat. 31. A FENCE SHALL BE CONSTRUCTED TO DIFFERENTIATE LOT 11 AND A PORTION OF LOT 12 FROM TERRY SHORES LOT 100 RECREATIONAL AREA. ROLL CALL VOTE: Yes: Commissioners Johnson, Moore, Bolton and Vice -Chairman Buell No: None OTHER BUSINESS: Commissioner Johnson inquired about the date for election of officers and was informed by Henry Baker, Planning Director, that this should take place at the next meeting or after the new appointments to the Commission. Commissioner Moore requested a summary report on minor residential developments when available. 1657 Planning Commission Minutes January 18, 1989 ADJOURNMENT: There being no further business adjourn. Commissioner Johnson approval. Meeting adjourned at ATTEST: Steve Johnson, Secretary before the Commission, Commissioner Moore moved to seconded the motion. It received unanimous voice 8:05. Brien Buell, Vice -Chairman 1658