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AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, January 18, 2017/6:30 P.M./Commissioners' Hearing Room

 

A.        CALL TO ORDER

 

B.        PLEDGE OF ALLEGIANCE

 

C.        PUBLIC COMMENT ON THE COUNTY LAND USE CODE

 

D.        PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA

 

E.         APPROVAL OF THE MINUTES FOR THE DECEMBER 21, 2016 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

G.        CONSENT ITEMS:                        *Will not be discussed unless requested by Commissioners or                                                                       members of the audience.

 

*1.       HYBIAK CONSERVATION DEVELOPMENT                                            #16-S3381

 

Staff Contact:  Michael Whitley

            Request:  A) Preliminary Plat of a Conservation Development to divide approximately 45 acres into one residential lot and one residual lot with a residential building envelope; and

            B) Appeals to Sections 8.14.1.M (Public Right-of-Way) and 8.14.1.R (Connectivity) of the Land Use Code

            Location:  7520 N. County Road 21, Fort Collins; Located east of County Road 21 approximately 700 feet north of the intersection of County Road 21 and Davis Street       

            Applicant:  Michael and Eva Hybiak, 7520 N. County Road 21, Fort Collins, CO  80524

 

Development Services Team Recommendation: 

A)    The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Hybiak Conservation Development, File 16-S3381 subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Hybiak Conservation Development, File 16-S3381 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 Hybiak Conservation Development.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply.

 

3.   Access to the homes on Residual Lot A and Lot 1 shall be a dedicated fire lane within an Emergency Access Easement.  The design of the lane must be approved by the Podure Fire Authority A future home on Lot 1 must be equipped with a residential fire sprinkler system.

 

4.   All 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.

 

5.   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.

 

B)    The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the appeals to Sections 8.14.1.M (public right-of-way) and 8.14.1.R (connectivity) of the Land Use Code.

 

 

H.        ITEMS:

 

2.         VALEROSA PLANNED LAND DIVISION/PLANNED DEVELOPMENT  #16-S3385

 

Staff Contact:  Michael Whitley

                                          Request:  A) A rezoning from RE – Rural Estate to PD – Planned Development;

            B) A Planned Land Division to divide a 50.59 acre parcel into four lots; and

            C) An Appeal to Section 8.14.1.R of the Land Use Code regarding road connectivity

            Location:  4389 N. County Road 19; located southwest of the intersection of N. County Road 19 and County Road 56

                        Applicant:  Maura O’Leary, 7875 N. County Road 19, Fort Collins, CO 80524

 

Development Services Team Recommendation: 

A) The Development Services Team and LAPAC recommends that the Planning Commmission recommend to the Board of County Commissioners approval of the Valerosa Planned Land Division, File 16-S3314 subject to the following conditions: 

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Valerosa Planned Development/Planned Land Division, File 16-S3385 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 Valerosa Planned Development/Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   A fire hydrant is required within 400 feet of all residences. If this requirement cannot be met, homes must be equipped with an approved residential automatic sprinkler system.

 

4.   All 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.

 

5.   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.

 

B) The Development Services Team and LAPAC recommends that the Planning Commmission recommend to the Board of County Commissioners approval of the rezoning from RE – Rural Estate to PD - Planned Development, File 16-S3385 subject to the following condition:

 

a.   The rezoning shall be effective upon the recordation of the final plat of Valerosa Planned Land Division.

 

b.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Valerosa Planned Development shall be as follows:

 

Principal uses:

Agricultural

1.         Agricultural labor housing (S)

2.         Apiary (R)

3.         Commercial poultry farm (S)

4.         Equestrian operation (PSP/MS/S)—See section 4.3.1

5.         Farm (R)

6.         Feedyard (S)

7.         Fur farm (S)

8.         Greenhouse (R)

9.         Livestock veterinary clinic/hospital (MS/S)—See section 4.3.1

10.       Pet animal facility (MS/S)—See section 4.3.1

11.       Pet animal veterinary clinic/hospital (MS/S)—See section 4.3.1

12.       Sod farm or nursery (R)

13.       Tree farm (R)

Residential

14.       Dwelling, cabin (R)—See subsection 4.3.2

15.       Group home (R)

16.       Group home for the aged (R)

17.       Group home a for the developmentally disabled (R)

18.       Group home for the mentally ill (R)

19.       Single-family dwelling (R)

20.       Storage buildings and garages (R)—See section 4.3.2

Institutional

21.       Cemetery (S)

22.       Child/elderly care center (S)

23.       Church (MS/S)—See section 4.3.4

24.       School, nonpublic (S)

25.       State-licensed group home (S)

Recreational

26.       Country club (S)

27.       Golf course (S)

Accommodation

28.       Bed and breakfast (S)

29.       Resort lodge/resort cabins (S)

30.       Retreat (S)

31.       Seasonal camp (S)

Utilities

32.       Commercial mobile radio service (SP/S)—See section 16

33.       Radio and television transmitters (S)

Industrial

34.       Mining (S)

35.       Oil and gas drilling and production (R)

36.       Small solar facility (R/PSP)

 

B.        Lot, building and structure requirements:

1.   Minimum lot size:

a.  Ten acres (435,600 square feet).

b.  Maximum density in a conservation development is calculated by dividing the total developable area by ten acres. Maximum density in a rural land plan is determined by subsection 5.8.6.A. Lots in a conservation development or rural land plan that use a well or an individual septic system must contain at least two acres (87,120 square feet). Lots in a conservation development or rural land plan connected to public water and either a public sewer or community sewer system are not required to meet minimum lot size requirements (except for the purpose of calculating density). 

2.   Minimum required setbacks: (If more than one setback applies, the greater setback is required.)

a.         Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

b.         Side yard—25 feet except that if there is an existing building over 120 square feet in area that has been legally established prior to January 22, 2007 that is setback less than 25 feet from the side yard, said existing building shall be deemed conforming with respect to side yard setback, and an addition to said existing building or a new building shall be allowed a side yard setback equal to or greater than the existing building, but in no case shall the side yard setback be less than five feet.

 

c.         Rear yard—25 feet except that if there is an existing building over 120 square feet in area that has been legally established prior to January 22, 2007 that is setback less than 25 feet from the rear yard, said existing building shall be deemed conforming with respect to rear yard setback, and an addition to said existing building or a new building shall be allowed a rear yard setback equal to or greater than the existing building, but in no case shall the rear yard setback be less than ten feet.

d.         Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

3.   Maximum structure height—40 feet.

4.   No parcel can be used for more than one principal building; additional buildings are allowed on a parcel if they meet the accessory use criteria in subsection 4.3.10.

C) The Engineering Department does not support the appeal to Section 8.14.1.R of the Land Use Code while the LaPorte Planning Advisory Committee does support the appeal.  The Development Services Team defers to the judgement of the Planning Commission and Board of County Commissioners regarding the appeal.

 

 

3.    AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE - ‘FARM’

             #17-ZONE0204

 

Staff Contact:  Matt Lafferty

Request:  Amend the Larimer County Land Use Code by:

1.   Changing the definition “Farm” in Section 0.1. – Definitions to not include the language “containing at least three acres”,

2.   Changing the use description “Farm” at Section 4 .3.1.A. to not include the language “containing at least three acres”, and to add the requirement for Public Site Plan (PSP) review for farms occurring on lots within a constructed subdivision, conservation development, or rural land use plan

3.   Changing the Agricultural category of “Farm” within the zoning table of Section 4 from “(R)” to “(R/PSP)” for the Zoning Districts  FA – Farming, FA-1  - Farming,  FO - Forestry, FO-1- Forestry, O – Open, E – Estate, E-1 –Estate, RE –Rural Estate, RE - Rural Estate, R (Residential) and AP – Airport, and

4.   Changing the list of allowed uses under the Agricultural section of the Zoning Districts  FA – Farming, FA-1 -Farming,  FO - Forestry, FO-1- Forestry, O – Open, E – Estate, E-1 –Estate, RE –Rural Estate, RE - Rural Estate, R (Residential) and AP -Airport from “Farm (R)” to “Farm (R/PSP)

 

 

 

 

 

Applicant:  Larimer County

Development Services Team Recommendation:  Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments to the Larimer County Land Use Code, file #17-CODE0204.

 

 

4.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE ‘SHORT TERM RENTAL’  #16-CODE0200

 

Staff Contact:  Matt Lafferty

Request:  Amend the Larimer County Land Use Code by:

1.   Adding the term “Short Term Rental” to Section 0.1. - Definitions

2.   Adding the use description “Short Term Rental” as Section 4 .3.6.E. and renumbering the balance of the Section,

3.   Adding to the zoning table in Section 4.1 under the category of Accommodations “Short Term Rental” as a use allowed by Special Review (S) or Site Plan Review (SP), and

4.   Adding “Short Term Rental” by Special Review (S) to the list of allowed uses under the accommodations section of the Zoning Districts  RE - Rural Estate, FO - Forestry, FO-1- Forestry, A - Accommodations, T - Tourist, O - Open, or by Site Plan Review (SP) in the zoning districts  B - Business and RFLB - Red Feather Lakes Business.

Applicant:  Larimer County

 

Development Services Team Recommendation:  Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments to the Larimer County Land Use Code, file #16-CODE0200.

 

 

5.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – SECTION 7 SPECIAL EVENTS   #17-CODE0205

 

Staff Contact:  Matt Lafferty

Request:  Amend the Larimer County Land Use Code to repeal Section 7 – Special Events and replace it with a new Section 7.0 - Special Events.

Applicant:  Larimer County

 

Development Services Team Recommendation:  Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments to repeal Section 7.0 – Special Events from the Larimer County Land Use Code, and replace it with a new Section 7.0 – Special Events, file #17-CODE0205.

 

 

I.          REPORT FROM STAFF

 

J.          ADJOURN

 

NEXT MEETINGS:   Wednesday, February 08, 2017:  BCC/Planning Commission worksession

                                    Wednesday, February 15, 2017:  Planning Commission hearing

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