LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, March 10, 2014/3:00 P.M./Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC HEARING CONSENT ITEMS: *Will not be discussed unless requested by
Commissioners or members of the audience.
*1. HERON’S HILL SUBDIVISION TIME EXTENSION, FILE #12-S3131
Staff Contacts: Rob Helmick, Planning, Clint Jones Engineering, Doug Ryan, Health
Request: One year time Extension for a Preliminary Plat for a subdivision of 47.6 acres into three lots, two of 10 acres and one of 27.6 acres, including appeals to the 8.14.1.M public roads; 8.14.1.R, connectivity; 8.14.7.P access; and 8.14.2 flag lot standards
Location: 24-08-68; located east of Cobb Lake and west of County Line Road
Applicant/Owner: Steve and Kay Roy - 6899 Sunwater Way, Fort Collins CO 80524
Development Services Team Recommendation: The Development Services Team recommends Approval of the Heron’ Hill Subdivision Time Extension File # 12-S3131, subject to the following conditions:
1. A complete Final Plat application is submitted no later than March 10, 2015.
2. All original conditions of approval shall remain in force and effect.
*2. SADDLE RIDGE PLANNED UNIT DEVELOPMENT AMENDED CONDITION
Staff Contacts: Matt Lafferty, Planning, Clint Jones Engineering, Doug Ryan, Health
Request: An amendment to the conditions of approval of the Saddle Ridge Acres PUD to allow petroleum sales as a function of a retail use (convenience store) on in the southeast portion of the property, which is identified as Lots 3-A on the Saddle Ridge Acres PUD Final Plat.
Location: SW ¼ of 36-05-69; more specifically situated on the northwest corner of Highways 287 and 60, between Loveland and Berthoud.
Applicant: Architecture West LLC/Steve Steinbicker - 160 Palmer Dr, FTC, CO 80525
Owner: Premier Founding Partners LLC - 246 Barberry Place, Loveland, CO 80537
Development Services Team Recommendation: The Development Services Team recommends approval of the amendment to the Saddle Ridge Acres PUD conditions of approval, File #14-G0260, subject to the following condition(s):
1. Petroleum sales shall be considered as an allowed extension of a retail convenience store, but such use shall be confined to the southeast reaches of the Saddle Ridge Acres PUD, which is identified as Lots 3-A.
*3. GLACIER VIEW MEADOWS 12TH FILING LOTS 190 & 191 LOT CONSOLIDATION, FILE #14-S3206
Staff Contacts: Brenda Gimeson, Planning, Clint Jones, Engineering, Doug Ryan, Health
Request: A Lot Consolidation to combine Lots 190 and 191 of the Glacier View Meadows 12th Filing into one lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.
Location: 9 North, Range 72 West, 302 Mount Audabon Way and 61 Mount McConnell Drive, Livermore, CO
Applicant/Owner: Joshua & Shannon Roberts - 2906 Hawk Drive, Evans, CO 80620
Development Services Team Recommendation: The Development Services Team recommends approval of the Lot Consolidation for the Glacier View Meadows 12th Filing Lots 190 and 191 Lot Consolidation (File # 14-S3206) subject to the following conditions subject to the following conditions:
1. All conditions shall be met and the final resolution of the County Commissioners recorded by September 10, 2014, or this approval shall be null and void.
2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.
3. The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
D. PUBLIC HEARING DISCUSSION ITEM:
4. WILLOWBROOK RANCH RURAL LAND USE PLAN, FILE #14-S3200
Staff Contacts: Brenda Gimeson, Planning, Clint Jones, Engineering, Doug Ryan, Health
Request: Divide 317.45 acres of land into eighteen (18) single-family residential lots ranging in size from 4-8 acres and two (2) Residual Lots consisting of about 212 acres that will be protected from any further development in perpetuity by an approved conservation mechanism, as required under the Rural Land Use Process (RLUP).
Location: Section 16, Township 8 North, Range 69 West of the 6th P.M., Larimer County, Colorado, generally located northeast of LaPorte and northwest of Fort Collins off of County Road 19 and County Road 56 at Curtis Lake Lane
Appli cant: Steve Sivon - 11420 N County Road 17, Fort Collins, CO 80524
Development Services Team Recommendation: The Development Review Team recommends that the Board of County Commissioners approve the Willowbrook Ranch Rural Land Plan (File # 14-S3200). The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Willowbrook Ranch Rural Land Plan (File # 14-S3200) 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 Willowbrook Ranch Rural Land Plan.
2. Public water shall be provided for this project. A letter of commitment from the water provider must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.
3. Before final plat approval, the applicant must submit acceptable documentation of legal access to Curtis Lake Lane with the ability to create additional lots that access that lane.
4. All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process. Before final approval, all designs must be prepared, stamped and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.
5. Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project. Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements. Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.
6. Internal roads shall be dedicated to the public. The owners shall dedicate a 50-foot half right-of-way along Larimer County Road 19 and a 35-foot half right-of-way along Curtis Lake Lane if accessed for this project. This dedication shall be shown on the final plat. Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.
7. If fences are currently located in the dedicated right-of-way, applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half right-of-way. No new fences or buildings shall be allowed in the half right-of-way; however repair and maintenance of existing fences shall be allowed. The fence removal agreement shall be reviewed and approved by the County Attorney.
8. Applicant must provide a storm water management report that addresses storm water quantity and investigates the need for best management practices to control non-point source run-off to the Community Development Division prior to final plat approval. Before designing storm water drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering department to discuss storm water management design requirements. Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the storm water management design requirements.
9. Applicant must verify and provide for the existing easements of record for Water Supply and Storage on the final plat.
10. Automatic fire protection sprinklers will be required for all new residential structures or written permission to deviate from this requirement must be provided from the fire district.
11. Applicants must apply for and be approved to rezone any residential lots with split zoning to RE-Rural Estate. Such rezoning would be effective only upon execution of the RLUP Final Plat by the Board of County Commissioners.
12. On the date on which the Final Plat is signed by the Board of County Commissioners, the Conservation Development approval for the Lake at Big Horn Conservation Development (File # 08-S2776) is terminated, void and no further in effect. A notice of revocation of the CD shall be prepared at the time of final plat approval.
13. The residual land management plan must be reviewed and approved by Rural Land Staff prior to final plat approval. The management plan must address the management of the property and include a section on livestock management, including horses, and trail management.
14. The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the Rural Land Staff prior to final plat approval.
15. Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Staff prior to final plat approval. OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and Rural Land Staff prior to final plat approval.
16. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.
17. The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:
a) The Willowbrook Ranch RLUP was approved by Larimer County under the County’s Rural Land Use Process. This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land divisions processes.
b) The construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission to deviate from this requirement is provided from the fire district.
c) Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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.
d) Some or all lots in this development may include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan. If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection. This shall be accomplished by a written certification by a Colorado Licensed Surveyor.
e) Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.
f) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.
g) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.
h) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.
i) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats.
j) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.
k) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.
l) Larimer County has adopted a Right to Farm Resolution.
m) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply.
n) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots.
o) The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.
p) Lots in this Rural Land Plan are subject to the conditions and requirement of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat. All purchasers should obtain and read the Development Agreement.