AGENDA
LARIMER COUNTY PLANNING COMMISSION
Wednesday, May 21, 2008/6:30 P.M./Commissioners' Hearing Room
A. CALL TO ORDER
B. PUBLIC COMMENT ON THE COUNTY LAND USE CODE
C. PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA
D. APPROVAL OF THE MINUTES FOR THE APRIL 16, 2008 MEETING.
E. AMENDMENTS TO AGENDA
F. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience.
*1. ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT #05-S2467
Detailed Information [pdf]
Staff Contact: Rob Helmick
Request: Approval of a Conservation Development Land Division on 35 acres to create 7 lots including 6 residential lots and 1 residual lot with an existing dwelling.
And appeals to Section 8.14.Q of the Larimer County Land Use Code for dead end road length.
Location: NE ¼ of 6-04-69; located on the west side of County Road 23 approximately ½ mile south of the County Road 14 intersection.
Applicant: Intermill Land Surveying, Rob Persichitte, 1301 N Cleveland Avenue, Loveland, CO 80537
Development Services Team Recommendation:
The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Enclave @ Eagleview Conservation Development (File # 05-S2467) subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Enclave at Eagle View Conservation Development Preliminary Plat and File #05-S2467 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 Enclave at Eagle View Conservation Development Preliminary Plat.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R-2J School District fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees in lieu of dedication. The fee amount that is current at the time of building permit application shall apply.
3. Fire Requirements –All new residential structures shall be required to install residential fire sprinkler systems.
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.
6. Revise building envelopes to coincide with the FA-1 zoning district and tie them to survey monumentation.
7. The final plat shall indicate and the applicant shall provide for a school bus pick up site. The site location and design shall be approved by the Thompson R2-J school District. A cost estimate and construction collateral shall be provided as a part of the Final Plat.
8. Prior to completion of the final plat the applicant must either have applied for and received approval for an accessory dwelling unit pursuant to section 4.3.10.F.2 of the Larimer County Land Use Code or remove the unit in coordination with the Code Compliance section.
*2. FOREST HEALTH AND BIO MASS COLLECTION SITE LOCATION AND EXTENT #08-Z1687
Detailed Information [pdf]
Staff Contact: Rob Helmick
Request: Location and Extent review for a collection site for beetle kill wood and biomass for both Larimer and Boulder County citizens.
Location: 35-4-73; On the east side of Hwy. 7 immediately north of the Boulder/Larimer line. At the south end of the Tahosa Valley.
Applicant: Larimer County Natural Resources, David Lentz, 2649 E. Mulberry St., Fort Collins CO 80524
Development Services Team Recommendation: The Development Services Team recommends approval of the Forest Health Collection Site, File # 08-Z1687, subject to the following conditions:
1. Temporary facilities such as portable toilets and bottled water will be provided at the site for those individuals operating the site.
2. Access will be coordinated with the Colorado Department of Transportation (CDOT) and if an access permit is required one will be obtained and any necessary improvements will be installed prior to operation.
3. Obtain the necessary air quality permits for both the site and any equipment which may operate at the site.
*3. CEDAR SPRINGS 3RD LOT 6 REZONING #08-Z1686
Detailed Information [pdf]
Staff Contact: Toby Stauffer
Request: Rezone Cedar Springs 3rd filing Lot 6, Block 5 from conditional T-Tourist zoning to O-Open zoning to allow a residential use. If approved, the recording instrument will be a Finding and Resolution from the Board of County Commissioners.
Location: SW 26-06-71, 1703 Palisade Mountain Drive, N of County Road 43
Applicant: Carl & Kathy Miller, PO Box 69, Drake, CO 80515
Development Services Team Recommendations: The Development Services Team recommend the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Cedar Springs 3rd Filing Lot 6 Block 5 Rezoning, File # 08-Z1686, a request to rezone the property from conditional T-Tourist to O-Open, subject to the following condition(s):
1. The rezoning shall be effective upon the recordation of the Findings and Resolution of Cedar Springs 3rd Filing Lot 6 Block 5 Rezoning.
*4. MILLER AND SON SUBDIVISION #06-S2595
Detailed Information [pdf]
Staff Contact: Toby Stauffer
Request: Preliminary Plat for a Subdivision to divide 6.6 acres into 2 lots for single-family residential use.
Location: In the North ½ of Section 11-T04N-R69W. The site is located between Highway 287 Bypass and Old 287 along County Road 10E on the north side of the road, north of original Town of Berthoud.
Applicant: Clifford Miller, 636 W. County Road 10E, Berthoud, CO 80513
Development Services Team Recommendation: The Development Services Team recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Miller and Son Subdivision (File # 06-S2595) subject to the following conditions:
1) The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Miller and Son Subdivision (File # 06-S2595), 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 Miller and Son Subdivision.
2) The following fees shall be collected at building permit issuance for new single family dwellings: the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee (Section 9.5 of LCLUC) and the Larimer County Regional and Community Park Fees in lieu of dedication. The fee amount that is current at the time of building permit application shall apply.
3) 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.
4) Due to the shallow groundwater of this area, construction plans shall be prepared in accordance with the recommendations from the applicant’s geotechnical engineer;
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.
6) The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County, as a part of the Final Plat and to be recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, soil testing for the new septic permit and other issues raised in the review, or related to compliance with the Larimer County Land Use Code.
7) At the time public sewer is extended to Lot 2, the owners of the property contained in Lot 1, Miller & Son subdivision will be required to abandon the current septic system and connect to the Town of Berthoud public sewer line in County Road 10E.
8) The Final Plat shall show the following items:
§ 50-foot dedicated right-of-way (ROW) along the north side of the entire length of the site adjoining County Road 10E
§ 50-foot wide ditch easement along the eastern portion of the subdivision
§ 40-foot wide access easement along the eastern portion of the subdivision
§ 10-foot wide gas utility easement that serves 620 County Road 10E
§ 20-foot wide water line easement along the west side of Lot 1 for the benefit of Lot 2
§ 20-foot wide sewer easement along the eastern portion of Lot 1 for the benefit of Lot 2, and
§ A non-buildable area will be shown in the north portion of Lot 2 and a note will be placed on the plat describing the limited use of that portion of property.
9) Residential sprinklers shall be required within the dwelling unit on Lot 2 and installed as part of any building permit application for a dwelling unit.
10) The developer will enter into a ditch agreement with the Handy Ditch Company. The ditch company has been asked by the developer to revise the agreement between all parties to allow the east access easement to overlap the ditch easement. Additionally, a signature block for the Handy Ditch Company will need to be on the final plat.
11) The developer shall provide an access easement agreement that includes provisions for Lot 1, Lot 2, and the Carter property to use and maintain the access easement along the eastern edge of the property.
12) Per the Larimer County Urban Area Street Standards (LCUASS), Section 1.9.2, the 14 foot utility easement along County Road 10 E, across the property frontage.
13) This development includes an appeal to Section 8.14.2.N of the Larimer County Land Use Code, a requirement that all roads within the boundaries of land divisions be public right-of-ways, to instead allow a shared private access easement for Lots 1 and 2 and the Carter Property. Should Lots 1, 2, or the Carter property develop more intensely in the future, a public right-of-way will be required.
14) The preliminary plat shows a frame shed on the west side of Lot 1 that is currently in the side yard setback and a waterline easement. The shed will need to be moved out of the setback and easement, removed from the property, or approved through a variance and amended plat process. Action to bring the shed into conformity shall occur within 90 days of the recording of the final plat.
G. ITEMS:
5. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #08-CA0083
Detailed Information [pdf]
Staff Contact: Karin Madson
Request: To make changes to the adopted Land Use Code.
Applicant: Larimer County, Town of Estes Park
Development Services Team Recommendation: The Planning 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.
H. REPORT FROM STAFF
I. ADJOURN
J. WORKSESSION REGARDING THE DRAFT EIS FOR NISP/GLADE RESERVOIR
(No Public Testimony will be heard)
NEXT MEETINGS: Wednesday, June 04, 2008: BCC/Planning Commission worksession
Wednesday, June 18, 2008: Planning Commission hearing