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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 21, 2008

 

County offices were closed on Monday in observance of the Martin Luther King Jr. Holiday.

 

TUESDAY, JANUARY 22, 2007

 

ADMINISTRATIVE MATTERS

(#159)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Donna Hart, Diane Tokarz, and Deni LaRue, Commissioners’ Office; Gary Buffington, Natural Resources Department; Larry Timm, Planning Department;  and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Barry Feldman encouraged the Commissioners to use Regulation 1041 Powers to intervene with the installation of high voltage power lines proposed for the north end of the county.  Mr. Feldman stated that individuals or companies do not always "do the right thing" and 1041 Powers would give County officials a say in the exact route for installation of the power lines, and address potential safety issues, etc. 

 

Norm Gaydos asked for an update on the Rainbow Lane situation.  Mr. Lancaster explained that a title company has been hired and is working on this issue. 

                  

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 14, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 14, 2008.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF JANUARY 28, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 22, 2008:

 

01222008A001           WIRELESS INTERNET SERVICE AGREEMENT FOR THE RANCH BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRONT RANGE INTERNET, INC.

01222008A002           LICENSE FOR OPERATIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SAIL AND SADDLE, INC. 

01222008A003           AMENDMENT NUMBER SIX TO UCDHSC SUBCONTRACT NUMBER FY07.224.005 (EXECUTED 09/17/07) BY AND BETWEEN THE REGENTS OF THE UNIVERSITY OF COLORADO AND LARIMER COUNTY WORKFORCE CENTER

01222008R001           FINDINGS AND RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY LAND USE CODE

 

01222008R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED MAP OF UNITS A AND B IN THE PROMATS CONDOMINIUMS

 

MISCELLANEOUS:  Amended Plat - Promats Condominium Map Amended Units A and B.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  Polo's - Hotel and Restaurant - Fort Collins.  The following action was approved:  Horsetooth Liquors - Modification of Premises - Fort Collins.

Motion carried 3-0.

 

5.  POLICY GOVERNANCE REPORT:  Mr. Lancaster presented the January Policy Governance Report and reviewed the same with the Commissioners.  He noted for the record that the Treasurer went slightly over budget due to no fault of her own, as an employee opted to participate in the county's medical insurance program due to a qualifying change in family status.  This was reported to Human Resources, but not to the responsible department - in this case the County Treasurer.  Mr. Lancaster noted that procedures have been put in place to ensure this will not happen again in the future.   

 

6. REGULATIONS RELATING TO LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES AREAS AND FACILITIES:  Mr. Buffington presented changes to the 2008 Regulations for Areas Managed by Natural Resources.  He noted that most of the changes related to the name change from "Parks and Open Lands" to the "Department of Natural Resources." However, there was some discussion regarding the possibility of hot air balloons needing to land in the parks or open space, and their was a question regarding how the verbiage  "unlawfully harming or disturbing wildlife" might be interpreted by some.  Mr. Buffington stated that he will make some revisions based upon the Board's feedback and bring the regulation back for approval on the Consent Agenda at the next Administrative Matters meeting. 

 

7.  BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. Tokarz presented the following appointments and reappointments to the Fair Board:  Shannon Fancher, Steve Humann, Quinn McElwee, Everett Van Campen, and Jim Wooldridge, all reappointed for a three-year term beginning January 22, 2008, and expiring November 30, 2010.  Myrna Rodenberger, completing the unexpired term of Harley Leverenz beginning January 22, 2008, and expiring November 30, 30, 2009.  Jacque Loebig, completing the unexpired term of Todd Nieberger, beginning January 22, 2008, and expiring November 30, 2009.  Larry Dunn, completing the unexpired term of Dee Dee Martin, beginning January 22, 2008, and expiring November 30, 2008.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the Fair Board as outlined above. 

 

Motion carried 3-0.

 

8.  WORKSESSION:    Mr. Lancaster explained that last week the Board appointed John Knezovich to the Library Board; however, the Intergovernmental Agreement (IGA) with the City of Fort Collins dictates that a committee made up of two county commissioners and two city council members must make recommendations as to who is appointed to the Library Board.  Mr. Lancaster stated that the appointment of John Knezovich is therefore null and void.  Commissioner Rennels and Commissioner Eubanks both volunteered to serve on the committee with the two city council members, in order to comply with the IGA.

 

9.  COMMISSIONER REPORTS:  The Board reviewed their activities at events during the past week.

 

10.  LEGAL MATTERS:  (Tape #160)

 

Mr. Lancaster presented a plaque from the Boy Scouts of America Longs Peak Council, awarded to the Commissioners as appreciation for use of the McKee 4H building at The Ranch.  

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(e) C. R. S.

 

Motion carried 3-0.

 

The meeting recessed at 10:30 a.m., with no further action taken.

 

 

LAND USE HEARING

(#161)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were:  Jill Bennett, Toby Stauffer, and Chad Behr, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Dave Shirk, Estes Park Planning Department; Geniphyr Ponce-Pore, and Brenda Gimeson, Rural Land Use Center; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff or members of the audience: 

 

1.  AMENDED PLAT OF THE WATTS EXEMPTION:  This is a request to adjust the interior lot line between two existing lots of record.  No change in the perimeter lot lines is proposed.  This proposal would also dedicate access easements, and truncate the buildable area for one of the lots (keep it lower on the mountainside).  The planning commission approved a minor setback modification to allow a front yard setback of 40-feet in lieu of the 50-feet typically required.  This was offset by imposing a 1,000-foot setback from the rear lot line, which abuts Rocky Mountain National Park (the lot is over 1,200 feet deep).

 

Staff recommends approval of the requested Amended Plat of Tracts 1 and 2 of the Watts Exemption subject to the conditions recommended by the Planning Commission.  On Tuesday, December 18, 2007, the Estes Valley Planning Commission found:

 

1.   Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”

2.   The proposed north and south building setback lines warrant a minor modification because they would result in less overall site disturbance.

3.   Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the development code.

4.   With the exception of the minor modification for building setbacks, this proposal complies with applicable sections of the Estes Valley Development Code.

5.   This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

6.   Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.

 

The Planning Commission voted unanimously to recommend approval of the proposed Amended Plat of Tracts 1 and 2 of the Watts Exemption conditional to:

 

1.   Reformat plat for recording (remove improvements).

2.   The proposed building envelope shall delineate fifty-foot setbacks for the east and west property lines.

3.   The following note shall be placed on the plat:  “Side lot line setbacks may be modified through a variance process and shall not require amending the plat or review by the Board of County Commissioners.  Front and rear setbacks as shown on the plat shall apply.  Variances to the front or rear setbacks as platted shall require an amended plat.”

4.   Prior to recordation of the plat, the property owner shall apply for a change of address through the Larimer County Building Department to officially change the address to 2010 Tanager Road.

 

 

2.  MCCHESNEY PRELIMINARY RURAL LAND USE PLAN, FILE #07-S2740:  This is a request for preliminary approval to divide 110 +/- acres into 6 lots consisting of three new single-family residential lots on about nine acres, and three Residual Lots on about 101 acres.  Each Residual Lot will also contain a 4-acre building envelope for a single family home-site and agricultural support buildings. In total 89 acres will be protected from further development by a covenant for 40 years.

 

The property is located in Section 17, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado; generally located 2 miles north and east of Fort Collins on the northwest corner of County Roads 9 and 56.  The property is zoned O-Open.  Under the property’s current O-Open zoning (1 home site per 10 acres), up to 11 homes could potentially be built if approved through the County’s Conservation Development (CD) process.  As a 35-acre development, the property could be developed with up to 3 homesites.  The surrounding properties consist of 35-acre parcels along with some smaller subdivisions and larger agricultural parcels.  There is a proposed Conservation Development planned just to the north and west of this project. The proposed density of the McChesney Rural Land Use project, one unit per 18.3 acres, appears to be compatible with the neighborhood.  There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by the general growth in Fort Collins to the south and Wellington to the northeast; and attractiveness of close-in acreages.

This property is about 110 +/- acres total and consists of three parcels, all owned by the McChesney family.  These properties have been in the McChesney family since 1970’s.  There are two homes that exist on this property.  One home is located on the northeast parcel and is owned by the applicant.  The second home is located on the western parcel and is owned by the McChesney family and occupied by the applicant’s in-laws.  The property is mostly irrigated agricultural land, and is currently farmed by the applicant.  A concrete lined ditch runs down the center of the property and additional irrigation pipelines are underground to help irrigate the land.  A domestic water line serves the property and runs directly west from County Road 9 to the western edge and mid point of the proposed Residual Lot B.  The Larimer County Canal divides the proposed Residual Lot C from Residual Lot B

The proposal for the McChesney Preliminary Rural Land Plan is to divide the 110 +/- acres into six lots consisting of three new single-family residential lots on about nine acres and three residual lots on about 101 acres.  Each residual lot will also contain a 4-acre building envelope for a single-family home-site and agricultural support buildings.   Residual Lot C will contain one of the existing homes and agricultural accessory buildings. 

 

The undeveloped portion of the residual lots, about 89 acres (about 81% of the irrigated agricultural land), will be protected from further development for a minimum of 40 years.  This project is designed around the irrigation patterns and ditches supporting the continued use of irrigated farmland.  The residual land parcels will be irrigated agricultural land maintained under management/use plans to foster their long-term health.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County. 

 

Domestic water for these lots will be provided by the East Larimer County Water by an existing 6-inch water line. Each lot will have individual septic systems.  The proposed design assures proximity to existing roads, adequate soils for septic systems, and the preservation of the irrigated agricultural lands and ditches, and removes the ability to further subdivide the property for at least 40 years.  The applicant is proposing building envelopes for the homes on the Residual Lots and appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  

 

A neighborhood meeting was held on November 13, 2007, at the Comfort Inn in Wellington.  Approximately ten area residents attended.  Concerns voiced were regarding how this development will affect area water pressure and how the development restrictions are enforced.  (Please see the attached list of questions and answers from the neighborhood meeting.) 

 

Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

Staff findings are as follows: 

This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.   Support for the McChesney Preliminary Rural Land Plan is based on the following:

 

·  The design of the project supports the continuance of the farm operation consistent with the RLUP.

·  This proposal supports conservation values, including the preservation of irrigated agricultural land. 

·  The plan is generally compatible with the existing neighboring land uses.

·  The proposal supports the continued use of water for a farming operation and preserves water as an agricultural resource.

 

Support for this proposed plan considers other development options; particularly the greater number of residential units possible under the zoning and the general development pressure within the immediate area small lots supports the finding that this is an appropriate project.

 

As proposed, this project will also provide long-term benefits to citizens of Larimer County:

 

·  Protection of existing agricultural operation and the irrigated farmland.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through existing zoning.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

This project was reviewed by the Rural Land Use Advisory Board on Monday, December 3, 2007.  The Board unanimously recommended approval of the project with conditions. 

The Rural Land Use Center Staff recommends that the Board of County Commissioners approve the Rural Land Plan.  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 McChesney Rural Land Plan (File # 07-S2740) 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 McChesney Rural Land Plan.

2.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before final approval.  Internal roads may be contained in a private access and utility easement.  The owners shall dedicate a 50 half right-of-way along Larimer County Road 9 and a 40 foot half right-of-way along Larimer County Road 56.  This dedication shall be shown on the final plat.  In addition, the access point for Residual Lot C shall be moved to the south to increase the accesses sight distance and the existing access point for Residual Lot C shall be removed.  All other lots shall access the internal roads.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

3.   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 ROW.  No new fences or buildings shall be allowed in the half ROW; however repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

4.   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.

5.   Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project.  Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater 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 stormwater management design requirements.

6.   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.

7.   Building envelopes shall be placed on each Residual Lot.  The building envelope for Residual Lot B shall be placed to assure the existing water line on the property will run along the edge of the envelope and not through the envelope.  All building envelopes shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

8.   Permanent easements shall be granted to the ditch company in accordance with Section 8.8—Irrigation facilities of the Land Use Code.

9.   Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

10.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

11.   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 Use Center Director prior to final plat approval.

12.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

13.   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 water supply, electricity, and telephone facilities) 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. 

14.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 1-3 and/or Residual Lot(s) A through C cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) 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 is recorded in the records of the Larimer County Clerk and Recorder and is 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 particular lot(s) for which the improvements have been completed. 

b)   The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

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 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)   All structures and septic systems must be located within the building envelopes on any Residual Lots.

f)   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.

g)   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 Division of 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.

h)   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.

i)   Pets must be contained on property, either by leash or enclosure.

j)   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.

k)   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.

l)   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.

m)   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.

n)   Larimer County has adopted a Right to Farm Resolution.

o)   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.

p)   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.

q)   At time of real estate closing, owner shall provide purchasers of residential lots and Residual Lot(s) A through C with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

r)   The owners of the residual land parcel shall be responsible for providing, at the request of the Director, a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

s)   Lots in this Rural Land Plan are subject to the conditions and requirements 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’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

3.  RED FEATHER LAKES BUSINESS REZONING CORRECTION OF LEGAL, FILE #07-Z1662:   This is a request to rezone property from C-Commercial to RFLB-Red Feather Lakes Business zone.  Earlier this fall the Larimer County Planning Commission and the Board of County Commissioners heard and approved a rezoning request for 20 existing business properties located in the Red Feather Lakes Plan Area.  The rezoning utilized the newly created Red Feather Lakes Business zone and was consistent with the Red Feather Lakes Area Plan adopted in August 2006.

While mapping and updating the data base following approval of the rezoning, it was discovered that the legal description of the above property was incomplete.  The purpose of this request is to correct the record for the rezoning of this property. 

The Development Services Team recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the request to rezone the property detailed in Exhibit A from C-Commercial to RFLB-Red Feather Lakes Business zone, File #07-Z1662. 

Red Feather Lakes Business Rezoning

Exhibit A

Corrected Legal Description:  Lot 4, Block 30, Hiawatha Heights, less 86053785 and Lot 5, Block 30, Hiawatha Heights, less the southerly part described in 1086-225.

 

4.  HAYWAGON PLANNED DEVELOPMENT LOT 2 AND PRAIRIE TRAILS LOT 2, BLOCK 1 AMENDED PLAT, FILE #07-S2762:  This is a request for an amended Plat to reconfigure two adjacent lots, Lot 1 of the Haywagon PD, and Lot 2, Block 1 of the Prairie Trails PUD to adjust the interior lot line of two lots. A piece of Lot 2 of the Prairie Trails PUD will be transferred to Lot 1 of the Haywagon PD. The piece is not readily used by Lot 2, and could be easily used by Lot 1. Lot 2 will decrease in size, Lot 1 will increase in size, Lot 2 will remain larger than the minimum lot size.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team; Addressing Review Section; Department of Health and Environment; and Code Compliance Section.

Comments received from the Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat. A revised plat was submitted and found to be acceptable by the County Engineering Department Land Surveyor.

The proposed plat amendment to adjust the lot line between Lot 1 of the Haywagon PD, and Lot 2, Block 1 of the Prairie Trails PUD, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Lot 1, Haywagon PD, and Lot 2, Block 1, Prairie Trails PUD, subject to the following condition and authorization for the chair to sign the plat when the condition is met and the plat is presented for signature:

 1.  The Final Plat shall be recorded by July 22, 2008, or this approval shall be null and void.

 

5.   BIG ELK MEADOWS LOTS 5 AND 7 LOT CONSOLIDATION, FILE #07-S2763:  This is a request to combine two adjacent lots, Lot 5 and Lot 7, of the Partial Replat of Tract 6 Big Elk Meadows Subdivision, into one lot. 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Addressing Section; The Larimer County Engineering Department Development Review Services; The Larimer County Assessor’s Office; and the Larimer County Code Compliance Section

The proposed Lot Consolidation of Lots 5 & 7 of the Partial Replat of Tract 6 of the Big Elk Meadows Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team Recommendation is for approval of the Lot Consolidation of Lots 5 & 7 of the Partial Replat of Tract 6 of the Big Elk Meadows Subdivision, subject to the following conditions:

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by July 22, 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.

 

6.  PARK MEADOWS WEST LOTS 15 AND 16 AMENDED PLAT/EASEMENT VACATION, FILE #07-S2764:  This is a request to amend the plat of the Park Meadows West Subdivision to adjust the interior lot line of two lots. A portion of Lot 15 will be transferred to Lot 16, allowing a useable building site a septic field to be created on Lot 16. Lot 16 is constrained by soils that are unsuitable for a septic system; the applicant indicates that the transferred portion is the most useable area for a septic field. Lot 15 will decrease to the minimum lot size; Lot 16 will increase in size and remain larger than the minimum lot size.

A 30’ utility and irrigation easement that runs along the common lot line of the two properties will be vacated and relocated with this plat amendment. The resultant lots will have a 30’ utility and irrigation easement between them when the plat is complete.

A note on the original plat indicates that “No leach fields below the 5010 elevation” are allowed on Lot 16. The general note will be removed with this plat amendment and the more detailed supporting information describing where a septic field can be placed, will be included as part of this application.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Addressing Review Section; Department of Health and Environment; Code Compliance Section.

Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

The proposed plat amendment to adjust the lot line between Lot 15 and Lot 16 of the Park Meadows West Subdivision, vacate and relocate the 30’ utility and irrigation easement along the common lot line, and remove the 5010 elevation note from the original plat will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Lots 15 and 16 of the Park Meadows West Subdivision, subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature:

1.   The Final Plat shall be recorded by July 22, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

7.  LINDQUIST SUBDIVISION PRELIMINARY PLAT, FILE #06-S2662:  This is a request to divide 26.9 acres into two, single-family residential lots. Lot 1 would be about 16 acres and Lot 2 would be about 10 acres in size. The property is located on the north side of County Road 58, approximately three (3) miles southeast of downtown Wellington. The site is zoned O, Open Zoning District, with all adjacent lands to the subject site being zoned the same. No zoning changes (amendments) are proposed with the development.  The property is located in and will be served by the Poudre Fire Authority. Poudre R-1 is the local school district.

There is an existing single-family residential use on what is proposed as Lot 1 of the Preliminary Plat. The historic use of the property has been single-family residential. Lot 2 is proposed to be located directly east of Lot 1 and is proposed to be used residentially with a single-family dwelling unit.

County Road (CR) 58, which serves the property in question, is classified by the County as a Major Collector. Road right-of-way (ROW) of thirty (30) feet of width on the north half of CR 58 will be dedicated by Lindquist’s to meet collector-type requirements.

Access to proposed Lot 1 will be from CR 58 via an access point. Access to proposed Lot 2 will also be from CR 58. Twenty (20) feet of road right-of-way (ROW) is proposed to be dedicated via this subdivision plat to meet the County’s road width requirement. CR 58 is designated as a Major Collector-type road.

The existing residence is currently served by the Northern Colorado Water Association. Proposed Lot 2 will also be served by said water association. There is an existing tap already extended to the proposed new site (Lot 2).  The current residence is served by an on-site septic system. Proposed Lot 2 is also planned for an individual on-site septic system.   There are no irrigation water sources on the property in question. 

No homeowners association will be formed with this subdivision. Both proposed lots will be governed by the Larimer County LUC.

The property is not located in any designated 100-year floodplain.  No wetlands, rare vegetation or neighborhood species richness areas are found upon the property. The property is not located within any known geological or wildfire hazard areas.

Under the requirements of Section 5.1 in the Larimer County Land Use Code (LUC), this site must be developed as a Subdivision because it is a legal lot that is less than 30 acres in size, and it is located outside of a designated GMA (Growth Management Area).

Planning Staff referred the application to a number of County departments and outside agencies for consideration.  Unless addressed in the sections above, the referral comments provided to Staff are outlined here for consideration.

 

A.        DEVELOPMENT REVIEW SERVICES TEAM:

 

The Development Review Services Team, made up of members from the Planning Department, the Engineering Department and the Health Department, does not have any other concerns regarding this proposed subdivision. For reference, the applicant held a Neighborhood Meeting on July 30, 2007. No one attended except for the property owners and their facilitator based upon the report provided by the applicant. No individuals from the neighborhood have contacted Staff with objections to the project either.

 

B.   OTHER AGENCIES:

 

1.   The State of Colorado Geological Survey recommended that construction plans for the future home on Lot 2 be prepared in accordance with the recommendations of the applicant’s geotechnical engineer. County staff would concur with this recommendation because of the soils present at that location.  

2.   The Larimer County Addressing Coordinator expressed in her 9-19-2007, memo that the current address to Lot 1, 5604 E. County Road 58, would be retained upon eventual approval and completion of the subdivision plat and the address for Lot 2 would be determined after completion and recording of the subdivision plat, but shall comply with the Larimer County Rural Addressing Improvement Project. 

3.   All new structures on both lots must comply with the setback requirements for the O, Open, zone district as follows:   County Road #58: 100 feet from the centerline of the road right-of-way (ROW). Front Yard: 50 feet from the property line or the edge of the road ROW; Side Yard: 25 feet; Rear Yard: 25 feet.

For Lot 2, the Preliminary Plat depicts a 25 foot front yard setback/building envelope with five (5) feet side yard building setbacks. The front yard needs to be increased to 50 feet from the augmented road ROW edge to meet Section 4.9.1.B of the LUC and the side yards need to be increased to 25 feet.

 

SUMMARY & CONCLUSIONS:

Based on an analysis of the application materials and a visit to the site, Staff concludes that the subdividing of the property into 2 lots can comply with the Review Criteria in the Land Use Code. None of the reviewing agencies have raised objections to this request. In addition, the review by the Development Review Services Team did not result in any negative findings. All members of the Development Review Services Team support the request moving forward to the Final Plat stage provided the conditions mentioned above are met.

Staff findings are as follows: 

A. The proposed Lindquist Subdivision is compatible with existing and permitted land uses in the surrounding area, provided the applicant complies with the recommendations found within this report.

B. The proposed Lindquist Subdivision can comply with all applicable requirements of the Land Use Code, provided the applicant complies with the recommendations found within this report.

C. The recommendations of referral agencies have been considered during the processing of the proposed Lindquist Subdivision.

D. The approval of the proposed Lindquist Subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed subdivision, provided all recommendations and requirements of the LUC are met. 

The Planning Commission and Development Services Team recommend approval based on the following conditions:

A.   The following utility easements shall be shown upon the Final Plat:

              Front Lot Line: 15 feet wide                           

              Side Lot Lines: 5 feet wide

              Rear Lot Lines: 10 feet wide 

B. The Final Plat of the Lindquist Subdivision shall be consistent with the information contained in the file, #06-S2662 or as modified by conditions of approval.

C.  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. For the access improvements to Lot 2 and for any other work within the County Road right-of-way, the County Engineer’s office will require an Access or Right-of-Way Construction Permit. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit.

D.  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.

E.   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.

F.   The Final Plat will show a new 20-foot dedicated road right-of-way (ROW) along the entire length of the site adjoining County Road 58 on its north side. The ROW dedication will include the provision for a 15-foot utility easement.

G.   The applicant shall provide the updated Drainage and Grading Plans as noted by the County Engineering Department in their Memo dated 10-3-2007.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda, as outlined above.

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

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