Mariana Butte Golf Course
 

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, April 6, 2015/3:00 P.M./Hearing Room

 

A.    CALL TO ORDER

 

B.   PLEDGE OF ALLEGIANCE

 

C.   TABLED DISCUSSION ITEM FROM MARCH 9, 2015

 

DETAILED INFORMATION

 

1.         SPRING GREEN PLANNED DEVELOPMENT AND PLANNED LAND DIVISION

PRELIMINARY PLAT 3rd TIME EXTENSION, FILE #03-S2210

 

Staff Contacts:  Matt Lafferty, Planning; Clint Jones, Engineering; Doug Ryan, Health

Request:  A request to extend the preliminary Plat approval for the Spring Green PD and PLD from January 14, 2015 to January 14, 2017.

Location:  SE ¼ of Section 32, Township 8 North, Range 69 West; more specifically the property is situated on the east side on Overland Trail, approximately ½ mile south of County Road 50E.

Applicant/Owner:  Mark Linder - 4355 WC Road 50E, Fort Collins, Colorado 80521

 

Suggested Motions:

 

The Development Services Team offers the following motions for the Board of County Commissioners to consider:

 

I move that the Board of County Commissioners approve the 3rd Time Extension of Spring Green PD and PLD Preliminary Plat, File #03-S2210, for 2 years subject to the condition(s):

 

1.   Submittal of the final plat shall be no later than January 14, 2017.

2.   There shall be no reduction in the final plat application fee.

3.   The standards for review of the final plat application shall be the same as those in effect when the preliminary plat was originally approved.

4.   All conditions of approval for the Spring Green PD and PLD found in the Findings and Resolution #2005-0092774 shall continue to apply.

 

Or

 

I move that the Board of County Commissioners deny the 3rd Time Extension of Spring Green PD and PLD Preliminary Plat, File #03-S2210, for 2 years.  I also move that the Board of County Commissioners revoke the preliminary plat approval and rezoning for the Spring Green PD and PLD, File #03-S2210.

 

 

2.         TOLAND MINOR LAND DIVISION, FILE #15-S3281

 

Staff Contacts:  Rob Helmick, Planning, Clint Jones, Engineering; Doug Ryan, Health

Request:  Minor Land Division to create four lots of .62, .52, .46 and .28 acres from an existing parcel of 2.25 acres. One home exists on the property and two were destroyed in the 2013 flood.  

Location:  10-5-70; On the north side of CR 22H east of the Dam Store and south of the Big Thompson River.

Applicant/Owner:  Joetta Toland - 3738 Geddes Pl., Centennial CO  80122

 

Development Services Team Recommendation:  The Development Services Team recommends that if the Board of County Commissioners determines to approve the Toland Minor Land Division file #15-S3281 it should be subject to the following condition(s) and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by September 23, 2015 or this approval shall be null and void.

2.   This approval is only for three lots; the land area south of the ditch shall be made a part of one of the three lots. 

3.   Prior to the recordation of the Final Plat, the application shall make technical corrections required by the Larimer County Engineering Department.

4.   The Plat shall be revised to reflect the needed dedication of ditch easement for the Handy Ditch.  This shall be 30 feet from the top of bank on either side of the ditch.  The applicant shall also enter into the agreement with the ditch company as they have suggested.

5.   The necessary Right of Way dedications for CR 22H and other easements shall be placed on the plat. 

6.   The Plat shall be titled as an Exemption from Subdivision.

7.   The three dwellings would need to be served by the single shared well.  The technical reason for this is that the is not enough lot area to provide the minimum 100 foot separation for wells and absorption systems if each lot contained its own well.  Note that the Division of Water Resources has indicated that the existing well could continue to be used for three residences if the MLD was created as an exemption from the subdivision standards.

8.   The replacement sewer systems for the cottages would need to be located a minimum of 100 feet from the south top bank of the Big Thompson River, and 100 feet from the water well.  Because this is a repair, we can allow some encroachment of the normal 100 foot setback from the Handy Ditch.  Based on our measurements at the site, the most feasible way to meet these setback standards appears to be a shared absorption field for the two cottages to be located near the east property line.  We would issue permits for separate septic systems if they could meet the setback standards, but that does not appear feasible based on our measurements. 

9.   Because all three dwellings would use a common well, and the cottages would presumably use a common septic absorption field, suitable easements would need to be developed to ensure continued access for their use and maintenance.

10.   The applicant shall prepare Engineers Design, prior to completion of the plat, that shall clearly show how the water and sanitation systems will be accommodated on the site.  Setbacks from the river, the ditch and property lines shall be shown as well as the project floodplain area.  This is necessary so that system easement(s) can be depicted on the plat. 

 

D.    PUBLIC HEARING CONSENT ITEMS:    *Will not be discussed unless requested by

                                                                                      Commissioners or members of the audience.

 

*3.       HIAWATHA HEIGHTS LOTS 4, 6, 9 BLOCK 28 AMENDED PLAT, FILE #15-S3284

 

Staff Contacts:  Brenda Gimeson, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Amended plat to correct a lot division and reflect true ownership boundaries.

Location:  Section 28, Township 10 North, Range 73 West; Red Feather Lakes area, north of County Road 74E, off of Grandview Drive

Applicant:  Ayres Associates/Brian Nelson - PO Box 270460, Fort Collins, CO  80527

Owner:  Christopher White & Jeanne Thomas - 4733 Fontana St Roeland Park, Kansas 66205

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Amended Plat of Lots 4, 6 and 9 of Block 28, Hiawatha Heights File # 15-S3284 subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by October 6, 2015, or this approval shall be null and void.

2.   Prior to recordation of the plat, the applicant must demonstrate that the well is located on the amended lot and that the well location amendment was submitted and approved by the Colorado Division of Water Resources.

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Assessor’s staff, Planning staff and Brian Helminick, Land Surveyor of the Larimer County Engineering Department.

 

*4.       JAMES DAY MINOR LAND DIVISION AND HILL CONSERVATION DEVELOPMENT AMENDED PLAT, FILE #15-S3283

 

Staff Contacts:  Rob Helmick, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request:  Request to amend the plats of the James Day Minor Land Division and the Hill 2 Conservation Development to add approximately 4.5 acres to Tract 1 of the James Day Minor Land Division from Residual Lot C the Hill 2 CD

Location:  27-8-68; on the south side of CR 54 at Boxelder Creek

Applicant:  Stewart &Associates/Jay - PO Box 429, Fort Collins CO  80522

Owner:  Joseph W. Nance - 3465 Lochwod Dr. # D-19, Ft Collins CO 80525

Logan Nance - 4745 East CR 54, Fort Collins CO  80524

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Tract 1 James Day Minor Land Division and Residual Lot C The Hill 2 Conservation Development Amended Plat File # 15-S3283, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by September 23, 2015 or this approval shall be null and void.

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

3.   A 60-foot wide access easement shall connect across the new Lot 1 and connect CR 54 to the Revised Residual Lot C.

4.   The new residential lot shall be renamed to Lot 1 and the tract designation shall be removed. 

 

*5.       LYONS SANDSTONE QUARRY SPECIAL REVIEW

            FILE #14-Z1937

 

Staff Contacts:  Rob Helmick, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request:  Review of a Special Review for an existing sandstone mining and rock product/finishing operations and expansion of the processing operations

Location:  Located off of Blue View Road south of the eastern terminus of CR 37E.

Applicant/Owner:  Lyons Sandstone/Bernard Buster - 2493 CR 37E, Lyons CO 80540

 

Planning Commission and Development Services Team Recommendation: 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Lyons Sandstone Quarry Special Review, file #14-Z1937, for the property described on “Exhibit B” to the minutes, subject to the following conditions with deleted condition #8:

                                                                                                              

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Lyons Sandstone Special Review File # 14-Z1937 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 Lyons Sandstone Special Review.

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

4.   This application is approved without the requirement for a Development Agreement.

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

6.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

7.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

8.   The applicant shall prepare an advisory to be distributed to truck drivers regarding the use of air brakes.  This shall specifically note the desire to limit their use through the neighborhoods but not compromise safety.

9.   Crusher hours shall be limited to the hours of 7-6 Monday through Friday

10.   Maintenance plan for roads the applicant shall work with the Engineering Department to develop plans for identification of the maintenance needs on CR37E and Blue View Road focused on surface condition and dust control.

 

E.         ADJOURN

Background Image: Mariana Butte Golf Course by Steve Moore. All rights reserved.