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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 17, 2003

LAND USE HEARING

(#148)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were Jeannine Haag, Assistant County Attorney; Geniphyr Ponce-Pore, Matt Lafferty, and Sean Wheeler, Planning Department; Dave Shirk, Estes Valley Planning Department; Doug Ryan, Health Department; Christie Coleman, Engineering Department; and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. KEEP SUBDIVISION (PRELIMINARY AND FINAL PLATS): THE SITE IS LOCATED SOUTH OF 1120 AND 1181 GRIFFITH COURT, WITHIN UNINCORPORATED ESTES PARK

This is a request for a subdivision application to divide a 15-acre tract into two lots and two outlots. This proposal is in conjunction with a request to officially rename "Spring Lane" to "Griffith Court". Staff recommendation is approval of the Keep Subdivision and "Spring Lane" street name change with the following recommendations 1. The Public Works Department shall approve water line construction plans; 2. The lots shall be included in the NCWCD before town water service; 3. Compliance with Upper Thompson Sanitation District memo regarding this proposal dated January 21, 2003; 4. Before issuance of the first certificate of occupancy, the site shall meet ISO requirements; 5. A maintenance agreement shall be submitted for recording at the same time as the plat; 6. Compliance with memo from Roxann Hayes, Larimer County Engineering, dated January 30, 2003.

2. KNESS MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT CHANGE OF LANGUAGE ON CONDITION OF APPROVAL: NE 1/4 SEC 36, T 5 N, R 69 W, MORE SPECIFICALLY LOCATED ON THE REAR LOT LINE OF LOT 3 OF KNESS MRD AT 1230 CODY DRIVE, LOVELAND, CO 80537

This is a request change the language from the Condition of Approval affecting Lot 3 of the Kness MRD. Staff recommendation is approval of the Amended Plat of the Kness MRD Amended Plat, changing Condition of Approval #9 as stated in the recorded Findings and Resolution of the Kness MRD to read, "All lots shall have building envelopes. The building of non-habitable or utility structures outside of the building envelope shall be allowed on Lot 3 of the Kness MRD if all other Code requirements are met."

3. LEVI ACRES SECOND SUBDIVISION PRELIMINARY PLAT: GENERALLY LOCATED SOUTHWEST OF THE CITY OF LOVELAND, AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COUNTY ROAD 14, AND COUNTY ROAD 23, IN THE NW 1/4 OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 69 WEST

This is a request for a Preliminary Plat approval to subdivide a 25.47-acre parcel into 2 single-family residential lots. Staff recommendation is approval with the following conditions 1. The applicant shall provide a Final Development Agreement for approval by the County to be recorded with the Final Plat; 2. The applicant shall provide a 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 from the approved MRD as well as those conditions that apply to this subdivision. It will also include, but is not limited to, information regarding special costs or fees associated with the approval of this project; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 3. The Disclosure Notice shall specifically make note of Earth Engineering Consultants' Preliminary Subsurface Exploration Report, dated September 16, 2002, which includes site specific information regarding soils and groundwater, as well as recommendations for septic systems, foundations, and roadway development; 4. At the time of Final Plat, the applicant must show how the proposal can meet the specific requirements of the Loveland Fire Department; 5. The applicant is responsible for meeting the requirements as outlined in the memo from the Larimer County Engineering Department, dated October 10, 2002; 6. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply; 7. The applicant shall execute the necessary agreements with the Handy Ditch Company prior to approval of the Final Plat.

4. FORT COLLINS BUSINESS CENTER SUBDIVISION 1ST FILING LOTS 7 AND 8 AMENDED PLAT AND EASEMENT VACATION: 07-07-68; LOCATED ALONG THE EAST SIDE OF LINK LANE, APPROXIMATELY 1/2 MILE NORTH OF HIGHWAY 14 (MULBERRY ROAD)

This is a request for an Amended Plat to combine Lots 7 and 8 of the Fort Collins Business Center Subdivision 1st Filing, and to vacate the existing 20 foot utility easement along the vacated lot line. Staff findings include 1. The results of this action will be the reduction of one commercial lot; 2. The resulting lots will conform to the minimum lot size requirements of the I (Industrial) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks, and the lot is getting larger. Any additions to the existing building on the resulting lot will be required to meet the setback requirements of the Land Use Code, which will be reviewed at the time of the expansion; 4. The proposed amended plat and easement vacation will not change any existing drainage or access patterns. The easement vacation will not restrict access to any of the adjoining lots; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval as requested.

5. PRAIRIE CROSSING SUBDIVISION, PRELIMINARY PLAT: 01-04-69: ON THE SOUTHWEST CORNER OF THE INTERSECTION OF SH #60 AND COUNTY ROAD #13 (LARIMER / WELD COUNTY LINE RD.)

This is a request to subdivide a 27.94-acre parcel into nine single-family residential lots. Staff recommendation is approval with the following conditions 1. The Final Plat of the Prairie Crossing Subdivision shall be consistent with the information contained in the file, #02-S1966 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 Thompson R2-J 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 and obtain a Development Construction 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. Both the Development Agreement and the Disclosure Notice shall note which lots require engineered septic systems, and which lots require standard septic systems; 6. The applicant shall comply with the recommendations from the County Engineering Department in their Staff Report Dated January 8, 2003, or as modified by conditions of approval; 7. The applicant shall comply with the recommendations from the County Health Department as outlined in their comments dated October 25, 2002; 8. The applicant shall provide a Final Landscaping Plan for review and approval by the County Planning Department as part of the Final Plat submittal. The landscaping plan shall include a sign detail that meets the current requirements in Section 8.7 of the Land Use Code, and show the location of the school bus staging areas; 9. The applicant shall provide for school bus staging areas as required by the Thompson School District. Plans for these areas shall be included in the final construction plans, and shall be reviewed and approved by the School District; 10. The Final Plat must show the 152-foot noise setback line from the centerline of SH #60 as required by the Colorado Department of Transportation.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:03 p.m.

TUESDAY, MARCH 18, 2003

Due to a large snowstorm, County Offices were closed Tuesday, March 18 through Thursday, March 20, 2003.

FRIDAY, MARCH 21, 2003

SPECIAL MEETING OF THE

BOARD OF COUNTY COMMISSIONERS

(No Audio Available)

The Board of County Commissioners met with Larry Timm, Acting County Manager; Chair Pro-Tem presided with Commissioner Gibson via teleconference. Also present were Donna Hart, Commissioner's Office and Jean M. O'Connor, Clerk to the Board.

Mr. Timm presented a Resolution declaring unincorporated Larimer County a local disaster area resulting from excessive snow and snow melt and requested approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution declaring a local disaster/emergency resulting from excessive snow and snow melt.

Motion carried 2 - 0.

03212003R001 RESOLUTION DECLARING LOCAL DISASTER/ EMERGENCY

There being no further business, the meeting adjourned at 1:20 p.m.

________________________________

KATHAY RENNELS, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.