AGENDA
LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, May 12, 2008/3:00 P.M./Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE
D. PUBLIC COMMENT ON THE LARIMER COUNTY BUDGET
E. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience.
*1. CABIN CREEK SUBDIVISION, FILE #07-S2752
Detailed Information [pdf]
Staff Contacts: Sean M. Wheeler, Planning, Traci Downs, Engineering, Doug Ryan, Health
Request: Approval to subdivide two parcels with a combined total of 121.93 acres into 4 single-family residential lots. The site is located in the Crystal Lakes area. The County Commissioners granted an appeal to allow the use of the Subdivision process instead of the Conservation Development process on June 25, 2007. The request also includes an appeal to the County Road Standards to use the “Appendix G” private road standard for the existing road instead of “Appendix C” being the minimum standard for public roads.
Location: S1/2 10-10-74: Located approximately 1.5 miles west of CR #73C and .5 miles southwest of Crystal Lakes Reservoir.
Applicant/Owner: Donald Weixelman, North Fork, LLC, 100 Marmot Drive, Red Feather Lakes, CO 80545
Planning Commission and Development Services Team Recommendation:
A. BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Cabin Creek Subdivision, File #07-S2752, appeal to Appendix C Road Standards, to allow the applicant to use the Appendix G Standards be approved.
B. BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Cabin Creek Subdivision, File #07-S2752, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions:
1. The Final Plat of the Cabin Creek Subdivision shall be consistent with the information contained in the file, #07-S2752 or as modified by conditions of approval.
2. The following fees shall be collected at the time of building permit for new single-family dwellings: the Poudre School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Before construction, the applicant must also contact the County Engineering Department to obtain a Development Construction Permit along with an access permit.
3. The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision.
4. The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice must include, but is not limited to; all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included.
5. All lots shall have building envelopes to prevent the location of new construction in hazard areas or areas of steep slopes. The Final Plat shall also show Parcel’s 1 and 2 as Lot 3 and Lot 4 of the Cabin Creek Subdivision.
6. The applicant shall provide a Forest Management Plan and a Wildfire Mitigation Plan for review and approval by the County Emergency Services Specialist and the County Forrester. The Plans shall address the requirements of contained in the memorandum dated 5-09-07 from the Sheriff’s Department (Emergency Service Provider) related to issues such as access, building envelopes, firefighting requirements, etc.
*2. CRYSTAL LAKES 9TH FILING LOTS 109 AND 110 LOT CONSOLIDATION/EASMENT VACATION, FILE # 08-S2792
Staff Contacts: Toby Stauffer, Planning, Matt Johnson, Engineering, Doug Ryan, Health
Request: Lot consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of Lots 109 and 110 of Crystal Lakes 9th Filing.
Location: Southeast Quarter of Section 24, Township 10 North, Range 74, 103 Chiricuhua Way, 1 mile off County Road 73C to Neosho Trail, to Tiny Bob rd, to Chiricuhua Circle in Crystal Lakes 9th filing
Applicant: Davin Birge, 417 Chestnut Drive, Loveland, CO. 80538
Owners: Debra, David, & Davin Birge and Carissa Johnson
Development Services Team Recommendation: Approval of Lot Consolidation for Crystal Lakes 9th Filing Lots 109 and 110, File #08-S2792 and the vacation of the 20’ Utility Easement located on the common lot line subject to the following conditions:
1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 12, 2008 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 vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
*3. WOLCOTT PLANNED LAND DIVISION/PLANNED DEVELOPMENT,
FILE #08-S2778
Detailed Information [pdf]
Staff Contacts: Toby Stauffer, Planner, Matt Johnson, Engineering, Doug Ryan, Health
Request: 1. A request to rezone from C (Commercial) to PD (Planned Development) 2. A request to divide one parcel by Planned Land Division (PLD) into two commercial use lots
Location: SE Quarter of Section 7, Township 7 North, Range 68 West; 1903 E. Lincoln Ave., between Airpark and Industrial Drive on Lincoln Ave.
Applicant/Owner: Wolcott 8 Properties, LLC, Jerry Wolcott, 523 Cowan Street, Fort Collins, CO 80524
Planning Commission and Development Services Team Recommendation: Commissioner Wetikunat 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 Wolcott Planned Development, file #08-S2778, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:
1. The rezoning shall be effective upon the recordation of the final plat of Wolcott Planned Land Division.
2. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Wolcott Planned Land Division shall be as follows:
§Uses followed by an (R) are allowed by right.
§Uses followed by an (MS) require approval through the minor special review process.
§Uses followed by an (S) require approval through the special review process described in section 4.5.
§Uses followed by an (R/S) may be allowed by right or require special review approval based on thresholds in section 4.3 (use descriptions).
§ Uses followed by an (L) require review through the location and extent review process described in section 13.0.
PD (Planned Development)
A. Principal uses:
Agricultural
Garden supply center (R)
Pet animal facility (R)
Pet animal veterinary clinic/hospital (R/S)
Commercial
Convenience store (R)
Automobile service station (R)
Carwash (R)
Professional office (R)
General retail (R/S) See section 4.3
General commercial (R)
Personal service (R)
Takeout restaurant (R)
Sit-down restaurant (R)
Nightclub (R)
Flea market (R/S)--See section 4.3 (use descriptions and conditions)
Instructional facility (R)
Outdoor display/sales (R)
Outdoor Storage (R/MS)
Clinic (R)
Institutional
Health services (R)
Hospital (R)
School, public (L)
School, nonpublic (R/S)--See section 4.3
Rehabilitation facility (R)
Sheriff/fire station (L)
Church (R)
Recreational
Place of amusement or recreation (R/S)--See section 4.3
Membership club/clubhouse (R)
Accommodation
Hotel/motel (R)
Industrial
Enclosed storage (R)
Trade use (R/S)--See section 4.3
Light industrial (S)
Utilities
Utility substation (L)
Treatment plant (L)
Commercial mobile radio service (R/S)
Radio and television transmitters (S)
Water storage facility (L)
Transportation
Transportation depot (R)
Bus terminal (R)
Transportation service (R)
Parking lot/garage (R)
Park and ride (R)
B. Lot, building and structure requirements:
1. Minimum lot size:
5,000 Square feet
2. Minimum setbacks:
a. Front yard - 15 feet from the property line or from the nearest edge of the road easement.
b. Side yards - 10 feet.
c. Rear yards - 20 feet.
d. Streams, creeks and rivers--100 feet from the centerline of the established watercourse.
3. Maximum structure height--40 feet.
4. No parcel can be used for more than one principal building
Commissioner Morgan seconded the Motion.
Commissioners' Cox, Morgan, Oppenheimer, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.
MOTION PASSED: 6-0
Commissioner Weitkunat 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 Wolcott Planned Land Division, file #08-S2778, 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 Wolcott Planned Land Division (File #08-S2778), 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 Wolcott Planned Land Division.
2. The following fees shall be collected at building permit issuance: Larimer County fees for County and Regional Transportation Capital Expansion and applicable drainage fees. The fee amount that is current at the time of building permit application shall apply.
3. Prior to final plat approval the applicant shall adequately address all referral agency comments and Engineering concerns or, if a subsequent site plan is needed, prior to the approval of a site plan.
4. Prior to final plat approval the applicant shall adequately address comments from Public Service Company/ Xcel Energy. A 10’ easement on both sides of an overhead line on the property is needed. The applicant will show the easement on the revised final plat prior to approval.
Commissioner Morgan seconded the Motion.
Commissioners' Cox, Morgan, Oppenheimer, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.
MOTION PASSED: 6-0
F. ADJOURN
AGENDA
LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, May 12, 2008/6:30 P.M./Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT:
· GENERAL
· ON THE COUNTY LAND USE CODE
· ON THE LARIMER COUNTY BUDGET
D. ITEM:
1. LARIMER COUNTY LAND USE CODE AMENDMENTS, FILE #08-CA0082
Detailed Information [pdf]
Staff Contact: Karin Madson
Request: To make changes to the adopted Land Use Code.
Applicant: Larimer County
Planning Commission and Staff Recommendation: Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners the adoption of the amendments to the Larimer County Land Use Code, #08-CA0082, as follows:
1. Add the following definitions to the Land Use Code Section 0.1:
Wind Generator: A generator specifically designed to convert the kinetic energy in wind into electrical energy. A wind generator may include a generator, tower and associated control or conversion electronics. The height of a wind generator is measured at the hub of the generator.
Small Wind Energy Facility: A facility which is used for the production of electrical energy from energy supplied by the wind including any transmission lines, and developed for the purposes of supplying or distributing electrical energy to a customer or customers, and in which there are no more than three wind generator towers and the hub height of the wind towers does not exceed 80 feet.
Electric transmission lines. Electrical power lines that carry voltages of at least 69,000 volts (69kV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
2. Add wind generator to the accessory uses in Land Use Code Section 4.3.10. as follows:
L. Accessory Wind Generator. Each lot may include a wind generator for the use of the property owner. An accessory wind generator that cannot meet all the following standards requires review and approval through the Minor Special Review process. A wind generator must meet the following standards:
1. One wind generator per lot is allowed.
2. The lot must be at least one acre.
3. The hub height of the wind generator must not exceed 40 feet.
4. The wind generator must be setback from property lines, public rights of way and access easements at least 2 times the hub height of the generator
5. The wind generator must be painted or coated a non-reflective white, grey or other neutral color.
6. The wind generator must not be artificially illuminated.
7. The wind generator must not be used to display advertising.
8. Electrical controls must be wireless or underground and power lines must be underground except for an interconnection to an existing above ground power grid.
9. Noise emanating from the wind generator must be in compliance with Larimer County Code Chapter 30, Article V. Noise.
3. Add Small Wind Energy Facility to the industrial uses in Land Use Code Section 4.3.7 as follows:
N. Small Wind Energy Facility: A facility which is used for the production of electrical energy from energy supplied by the wind including any transmission lines, and developed for the purposes of supplying or distributing electrical energy to a customer or customers, and in which there are no more than three wind generator towers and the hub height of the wind towers does not exceed 80 feet.
1. A Small Wind Energy Facility must meet the following criteria in addition to the Section 4.5 Minor Special Review Criteria:
a. A Small Wind Energy Facility must be sited and designed to minimize adverse visual impacts on neighboring properties.
2. A Small Wind Energy Facility must meet the following standards:
a. A Small Wind Energy Facility must be setback from property lines, public rights of way and access easements at least 2 times the hub height of the generator.
b. A Small Wind Energy Facility must be located on a lot or parcel of at least one acre.
c. The wind generator turbines and towers must be painted or coated a non-reflective white, grey or other neutral color.
d. A Small Wind Energy Facility must not be artificially illuminated unless required by the FAA.
e. A Small Wind Energy Facility must not be used to display advertising.
f. Electrical controls must be wireless or underground and power lines must be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network. Proposed transmission facilities must be identified and included as part of the Small Wind Energy Facility project.
g. Noise emanating from the Small Wind Energy Facility must be in compliance with Larimer County Code Chapter 30, Article V. Noise.
h. The operator of the Small Wind Energy Facility must minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by the facility.
i. Towers for wind generators must be constructed of a tubular design and include anti-climb features.
j. A Small Wind Energy Facility must be designed to minimize access and associated site disturbance. Construction access must be regraded and revegetated to minimize environmental impacts.
k. A Small Wind Energy Facility application must include an agreement that addresses decommissioning and abandonment of the facility. The agreement must at a minimum provide for reuse or dismantlement of the facility at the owner’s expense.
4. Add Small Wind Energy Facility as a use allowed by Minor Special Review (MS) to the FA Farming, FA-1 Farming, O Open, I Industrial and I-1 Industrial zoning districts as follows:
Add a new item to the follow zoning sections:
· FA-Farming Section 4.1.1.A. Industrial 39. Small wind energy facility (MS) and renumber the remainder of the section.
· FA-1 Farming Section 4.1.2.A. Industrial 39. Small wind energy facility (MS) and renumber the remainder of the section.
· O-Open Section 4.1.5.A. Industrial 50. Small wind energy facility (MS) and renumber the remainder of the section.
· I-Industrial Section 4.1.19.A. Industrial 33. Small wind energy facility (MS) and renumber the remainder of the section.
· I-1 Industrial Sections 4.1.20.A. Industrial 13. Small wind energy facility (MS) and renumber the remainder of the section.
5. Add a new row to the Zoning Table after the Industrial Power Plant as follows:
Category: Industrial
Use: Small Wind Energy Facility
FA, FA-1, O, I and I-1: MS
6. Modify Section 4.9.6. Maximum structure height as follows:
A. 5. The maximum height limitations in Section 4.1 of this code do not apply to radio and television transmitters, accessory wind generators approved by minor special review, and/or small wind energy facilities.
7. Add a new review criteria to Section 4.5.3 and 4.5.5 to include a reference to additional criteria in some use descriptions as follows:
F. The applicant has demonstrated that this project can meet applicable additional criteria listed in the Section 4.3 Use Descriptions.
Commissioner Oppenheimer seconded the Motion.
Commissioners' Cox, Morgan, Oppenheimer, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.
MOTION PASSED: 6-0
E. ADJOURN