LARIMER COUNTY PLANNING COMMISSION

Minutes of January 17, 2007

 

The Larimer County Planning Commission met in a regular session on Wednesday, January 17, 2007, at 6:30 p.m. in the Hearing Room.  Commissioners Hart, Karabensh, Oppenheimer, Pond, Cox and Boulter were present.  Commissioner Wallace presided as Chairman.  Commissioners Waldo and Morgan were absent.  Also present were Matt Lafferty, Principal Planner, Russell Legg, Chief Planner, Matt Johnson, Development Services Engineer, Mark Peterson, County Engineer, Traci Downs, Development Services Engineer, Martina Wilkinson, Traffic Engineer, Rex Burns, Project Engineer, Doug Ryan, Environmental Health, and Heather Taylor, Planning Technician and Recording Secretary

 

Matt Lafferty accompanied Commissioners Hart, Karabensh, Pond, Cox and Wallace on this date for a site visit to Peakview PLD/PD.  Commissioners Oppenheimer, Boulter, Morgan and Waldo were absent. 

 

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

 

AMENDMENTS TO THE AGENDA:  

None

 

CONSENT ITEMS:

 

ITEM #1  COLORADO STATE UNIVERSITY ERL CLIENT MARE BARN LOCATION AND EXTENT – 06-Z1624:  Mr. Lafferty provided background information on the request for a Location and Extent approval for construction of a mare barn for the Colorado State Facilities Services Center on Colorado State University’s Foothills Campus.

 

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

 

BE IT RESOLVED that the Planning Commission approve the Colorado State University ERL Client Mare Barn Location and Extent, file #06-Z1624, subject to the following condition:

 

1.    The Larimer County Planning Commission requests the University continue to work with Larimer County and the City of Fort Collins, to reach agreements on how and when fair and equitable agreement can be reached to address issues and concerns regarding public facilities and infrastructure in the area.

 

Commissioner Hart seconded the Motion.

 

Commissioners Hart, Karabensh, Oppenheimer, Pond, Boulter, Cox, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  7-0

ITEM #2  COLORADO STATE UNIVERSITY EQUINE LAPORTE RESEARCH LOCATION AND EXTENT – 06-Z1625:  Mr. Lafferty provided background information on the request for a Location and Extent approval for construction of a small lab building on Colorado State University’s Foothills Campus.

 

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

 

BE IT RESOLVED that the Planning Commission approve the Colorado State University Equine Laporte Research Location and Extent, file #06-Z1625, subject to the following conditions:

 

1.    The Larimer County Planning Commission requests the University continue to work with Larimer County and the City of Fort Collins to reach agreements on how and when a fair and equitable agreement can be reached to address issues and concerns regarding public facilities and infrastructure in the area.

 

2.    The Larimer County Planning Commission requests the University continue to work with Larimer County to reach agreements on how to address the Engineering Department’s concerns with the potential traffic issues at the intersection of Overland Trail and Laporte Avenue and the use of Best Management Practices for controlling erosion.   

 

Commissioner Hart seconded the Motion.

 

Commissioners Hart, Karabensh, Oppenheimer, Pond, Boulter, Cox, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEMS:

 

ITEM #3  PEAKVIEW PLANNED LAND DIVISION/PLANNED DEVELOPMENT –

05-S2345:  Mr. Lafferty provided background information on the request for preliminary plat approval for the Peakview Development, a mixed use development on a 40.5 acre property that will be divided into 3 development blocks, and also a request for rezoning from C (Commercial) and I (Industrial) to PD (Planned Development).

 

PUBLIC TESTIMONY:

Troy Jones, 204 Walnut Street, Suite D, project manager for the Peakview Development, remarked that he was comfortable with the conditions listed on the staff report.  He explained that all the buildings on the property were located outside of the floodplain area.  But in order to comply with the Colorado Department of Transportations standards for building the frontage road, the floodplain area was slightly breached.  Therefore, they would need to go to the Floodplain Review Board.  He remarked that staff had pushed the issue off to the final plat stage and he believed that it was an appropriate action. 

Mr. Jones stated that they would prefer not to use a roundabout as the control type at the intersection of Highway 14 frontage road and Greenfields road, but understood staffs position.  He remarked that the control type was another piece that would be decided at the final plat stage. 

 

Robert Slate, 726 Sherry Drive, remarked that he was concerned about flooding in his development.  He explained that he does not want the flooding situation aggravated in the neighboring developments.  He said that he did not want to hold up the project, but would not like it to go forward without a plan in place. 

 

Matt Johnson, Development Review Engineer, replied that Peakview would be required to provide detention and show that there would not be adverse impacts from additional flow.  He explained that detention ponds were to capture the runoff and release it at a slow rate. 

 

Matt Lafferty, County Planner, further explained that the detention basins in the buffer were additional storage for runoff. 

 

DISCUSSION:

None

 

Commissioner Pond 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 Peakview Planned Land Division Preliminary Plat, file# 05-S2523, 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 Peakview Planned Land Division (File #05-S2523), 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 Peakview Planned Land Division.

 

2.    The control type for the intersection of the Highway 14 Frontage Road and Greenfields Road shall be determined by the Larimer County Engineering Department, which design may be determined to be a roundabout.

 

3.    Prior to the completion of the Final Plat the applicant shall obtain all necessary approvals from the Flood Plain Review Board for those portions of the development within the existing flood plain.

 

4.    The following fees shall be collected at building permit issuance for the uses within the development  Poudre R-1 School Fees (residential only), Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community Park Fees (in lieu of dedication for residential uses only) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

5.    Any 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.

 

6.    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.

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Rezone of the Peakview Development from C (Commercial) and I (Industrial) to PD (Planned Development), file# 05-S2523, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.    The rezoning from C (Commercial) and I (Industrial) to PD (Planned Development shall be effective upon the recordation of the final plat of the Peakview Planned Land Division.

 

2.    The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Peakview Planned Development shall be based upon the following: 

 

The vision of Peakview Development is an energetic, pedestrian oriented community consistent with the East Mulberry Corridor Plan.  Peakview is divided into four planning areas reflecting their unique land use mixture and design character:

·   Lot 1The portion of the site designated as MMN (Medium Density Mixed-Use Neighborhood)  represents a more integrated multi-use character combining with a flexibility of either storefront office or medium density residential and retail uses along with storefront office uses.

·   The portion of the site designated as NC (Neighborhood Commercial) Lot 2 comprises the central commercial core characterized by mixed use (office andprimarily retail, )with potential office uses, all with and a strong pedestrian orientation.

·   The portion of the site designated as E (Employment) Lot 3 includes a variety of workplaces, including light industrial uses, offices, and institutions. This designation is also intended to accommodate uses that complement or support the primary workplace, such as hotels, restaurants, convenience shopping centers, child care and limited residential.

·   The portion of the site designated B (Buffer) includes the area immediately west of the Cooper Slough within the wetland/wildlife buffer.  Detention ponds are proposed no closer than 60 feet to the Cooper Slough within this buffer, but water quality ponds are located outside the buffer. highway-oriented uses suited to its location at the intersection of Mulberry Street and Greenfield Drive. These uses are limited to those with limited traffic generation to reduce turning-movement conflicts with the realigned frontage road.

 

Purpose and Intent of the Medium Density Mixed-Use Neighborhood Area (MMN)

The Medium Density Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate-intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment.  This District is intended to function together with surrounding “Low Density Mixed-Use Neighborhood” designated areas and a central commercial core as provided in the adjacent “Neighborhood Commercial Center” designated area. The intent is for the component land use designation areas to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate land use zone districts.

In the immediate vicinity of Greenfields Drive and East Mulberrry Street, the East Mulberry Corridor Plan designates 14.7 acres of “MMN” designation, 4.5 acres of which is on the Peakview site.  In other words, only 30.6% of the “MMN” designated land in the vicinity of Greenfields Drive and East Mulberry Street is on the Peakview site.

 

Purpose and Intent of the Neighborhood Commercial Center Area (NC)

The Neighborhood Center encourages a compact mixed-use center for the Mulberry Corridor. The mix of land uses establishes places for a full range of activity -- a diverse range of business opportunities in proximity to residential uses and recreation, with public transit opportunities. The Center promotes a more intense and efficient use of land at increased densities to support private development. Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians, and to provide a density and intensity that is transit supportive. Design standards reflect community supported traditional neighborhood design principles.

 

In the immediate vicinity of Greenfields Drive and East Mulberrry Street, the East Mulberry Corridor Plan designates 29.6 acres of “NC” designation, 16.1 acres of which is on the Peakview site.  In other words, 54.4% of the “NC” designated land in the vicinity of Greenfields Drive and East Mulberry Street is on the Peakview site.

Purpose and Intent of the Employment Area (E)

The Employment designation is intended to provide locations for a variety of workplaces, including light industrial uses, offices, and institutions. This designation is also intended to accommodate uses that complement or support the primary workplace, such as hotels, restaurants, convenience shopping, child care and limited residential.

 

In the immediate vicinity of Greenfields Drive and East Mulberrry Street, there are a total of 31.2 acres of “E” designation, 8.2 acres of which is on the Peakview site.  In other words, only 26.3% of the “E” designated land in the vicinity of Greenfields Drive and East Mulberry Street is on the Peakview site.

 

Purpose and Intent of the Buffer Area (B)

The Buffer designation is intended to provide a distance separation between Cooper Slough and adjacent development.  The buffer is intended primarily to minimize disturbance of wildlife using the slough, and secondarily it is intended to complement and enhance the natural features of the slough.  It is intended that stormwater drainage facilities are appropriate in this buffer area.  Additionally, a regional trail is intended within, but along the outside edge of the buffer.

 

Peakview has approximately 6.4 acres of “B” designated land which is constituted by a 100 foot wide buffer on approximately the southern most 2/3 of the development site, and a 150 foot wide buffer on approximately the northern most 1/3 of the development site.

Permitted Uses

1. Use Table.

Table I lists the types of land uses permitted in Peakview. A “R” in this table indicates that a use type is allowed by right, subject to conformance with applicable provisions of this section and applicable County regulations. A “CCS” in this table indicates that a use type is allowed by right but only as part of a “convenience shopping center.”  An ”S” in this table indicates a use type which may be permitted in that planning area, but which is subject to Special Review Approval.  An “L” in this table indicates that a use type is allowed subject to a Location and Extent Review.  An “NA” in this table indicates a use type that is not allowed in that planning area.  A “(2^nd)” indicates that the use is a secondary use; see section 2 of this Permitted Use portion of this development guide for secondary use restrictions for each use category.

 

2. Secondary Uses.

Medium Density Mixed-Use Neighborhood (MMN) Area.

The use table above identifies secondary uses in the MMN sub-district of the PD zone.  For development projects containing 10 or more acres of MMN designated land, secondary uses shall occupy no more than 15 percent of the total gross area of the development plan.  For development projects that have less than 10 acres of MMN areas within the development plan, the development plan only needs to demonstrate how secondary uses contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development.

b) Neighborhood Community Commercial (NC) Area. The use table above identifies secondary uses in the NC sub-district of the PD zone.  For projects containing ten (10) or more acres of NC designated land, secondary uses shall occupy no more than thirty (30) percent of the total gross area of NC portion of any development plan. If the project contains less than ten (10) acres of NC designated land, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development.

c) Employment (E) Area. The use table above identifies secondary uses in the E sub-district of the PD zone.  All secondary uses shall be integrated both in function and appearance into a larger employment district development plan that emphasizes primary uses.  Secondary uses within the E sub-district of the PD zone shall occupy no more than twenty-five (25) percent of the total gross area of the development plan.

 

3. Use Definitions.  In addition to Use Definitions in section 4.3 of the Larimer County Land Use Code, the following use definitions apply within the MMN, NC and E areas:

a)   Mixed-use dwelling shall mean a dwelling that is located on the same lot or in the same building as a nonresidential use.

b)   Grocery store shall mean a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space of at least five thousand (5,000) square feet but not more than forty-five thousand (45,000) square feet.

c)   Supermarket shall mean a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than forty-five thousand one (45,001) square feet.

d)   Open-air farmers market shall mean an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

e)   Business services shall mean shops primarily engaged in providing services to business establishments such as, but not limited to, employment service, mailing or copy shops.

f)   Entertainment facilities & theaters shall mean a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

g)   Workshops & custom small industry shall mean a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom car or motorcycle restoring or other similar uses.

Development Standards

1.   Standards Specific to Each Land Use Category

a)   Block Structure: 

MMN area	NC area	E area
Development plans shall be designed as a series of complete blocks bounded by streets. Natural areas, wildlife / wetland buffer zones, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block.	Each Neighborhood Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets.  Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block.	To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the abutting street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots unless the development provides a campus or park-like development block with a unifying, formative internal framework of outdoor spaces and connecting walkways that function as an alternative to street sidewalks by connecting buildings within the site and directly connecting to common destinations in the district (such as transit stops, restaurants, child care facilities and convenience shopping centers). Such an internal network shall provide direct pedestrian access to the street sidewalk(s).

 

b)   Block Size:

MMN area	NC area	E area
All blocks shall be limited to a maximum size of seven (7) acres.	All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing “large retail establishments” shall be limited to a maximum of ten (10) acres.	There is no maximum block size.

 

c)   Building Frontage:

MMN area	NC area	E area
Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas or other functional open space.	Forty (40) percent of each block side or fifty (50) percent of the total block frontage shall consist of either building frontage, plazas, or other functional open space.	There is no building frontage requirement.

d)   Building Height:

MMN area	NC area	E area
Buildings shall be limited to a maximum of three (3) stories.  The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story.  The portion of a building within a radius of fifty (50) feet of the right-of-way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story.	All buildings shall have a minimum height of twenty (20) feet, measured to the dominant roof line of a flat-roofed building, or the mean height between the eave and ridge on a sloped-roof building. In the case of a complex roof with different co-dominant portions, the measurement shall apply to the highest portion. All buildings shall be limited to five (5) stories.	Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be four (4) stories. Maximum height for residential buildings shall be three (3) stories.

 

e)   Residential Density / Non-Residential FAR:

MMN area	NC area	E area
Residential developments shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings.  The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land.	Residential developments have no minimum or maximum density requirements.	All residential development in the E Employment District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land.
Non-residential developments have no minimum or maximum FAR requirements.	Non-residential developments have no minimum or maximum FAR requirements.	Non-residential developments have no minimum or maximum FAR requirements.

2.   General Development Standards

a)   Orientation to a Connecting Walkway for development with frontage oriented toward Greenfield Drive and/or Frontage Road

At least one (1) main entrance of any commercial or mixed-use building shall face and open directly onto a connecting walkway with pedestrian frontage. Any building adjacent to the Cooper Slough buffer or any building which has only vehicle bays and/or service doors for