LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, February 8, 2016/3:00 P.M./Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC HEARING CONSENT ITEMS: *Will not be discussed unless requested by
Commissioners or members of the audience.
*1. SHAFFER – DRAKE CAMPGROUND SPECIAL REVIEW, FILE #12-Z1899
Staff Contacts: Karin Madson, Planning, Eric Tracy Engineering, Doug Ryan, Health
Request: A. Special Review for a Recreation Vehicle (RV) Park with 12 sites and campground with 40 tent sites. Additional structures to be included include the “guest house”, the office/cabin, and 2 cabins.
B. Appeals to Land Use Code (LUC):
to waive the requirement for a drainage
and erosion control plan & report requirement.
#2-Sec. 8.5 regarding the requirement for a Landscape plan
#3-Sec. 8.6.3.C.1 . regarding the requirement for paved parking
#4-Sec. 9.7 regarding the requirement for right-of-way dedication for Hwy 34 and County Rd. 43
#5-Sec. 18.3. Recreational Vehicle (RV) Parks
18.3.2. Sites, comfort stations, water stations and sanitary stations.
18.3.3. Density, road, setbacks requirements, signs and outdoor recreation areas.
#6-Sec. 18.4 Campgrounds
18.4.3. Road and setback requirements.
18.4.4. Comfort Stations.
18.4.5. Water and sanitary stations.
C. Appeal to not pay the required application fee of $5800.
Location: 03-05-71; located northwest of the Highway 34 and County Road 43 intersection at Drake, CO.
Applicant: Jeff and Lori Shaffer - PO Box 255, Drake, CO 80515
Owner: Doris, Jerry, Jon & Lacy Shaffer - 1601 Big Thompson Canyon, Drake, CO 80515
Planning Commission and Development Services Team Recommendation: BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Shaffer-Drake Campground Special Review and associated appeals except for the appeal to Section 18.4.2, file #12-Z1899, for the property described on “Exhibit B” to the minutes, subject to the following conditions:
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 Shaffer/Drake Campground Special Review, File #12-Z1899 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 Shaffer/Drake Campground 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. Prior to operation of the RV Park and campground in 2016 the applicant shall submit a site plan that includes information regarding parking for the proposed campground along with plans for the construction of the new internal road.
9. Prior to operation of the RV Park and campground in 2016 and no later than June 30, 2016, the applicant shall have installed out of the floodway:
a. two vaulted privies, each containing a men’s and women’s toilet, and
b. one RV dump station.
10. Prior to operation of the RV Park and campground in 2016 the applicant shall submit evidence to Planning Staff that demonstrates:
a. The water source has been approved by the Division of Water Resources,
b. Registration and approval of the water treatment and distribution system as a public non-commodity supply, in accordance with State requirements.
11. N o permanent structures shall be built within the projected right-of-way for Hwy 34, which is 75 feet of the highway centerline.
12. The applicant shall obtain Setback Variance approvals for structures #E (office/cabin), #G (cabin 1) and #H (cabin 2) prior to Building Permit application.
13. Within 60 days of Special Review approval the applicant shall obtain all required building permits and inspection approvals for Structures #E (office/cabin), #G (cabin 1) and #H (cabin 2) as identified on the Plot Plan dated 2-20-2015.
14. The application fee of $5,800 shall be paid by Feb. 29, 2016 if the appeal is not
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners denial of the Shaffer-Drake Campground Special Review fee appeal, file #12-Z1899.
*2. GARDNER SUBDIVISION PRELIMINARY PLAT, FILE #14-S3262
Staff Contacts: Michael Whitley, Planning, Clint Jones, Engineering, Doug Ryan, Health
Request: Approval of a Subdivision of a 7.64-acre parcel zoned FA-1 - Farming into two single-family residential lots and an appeal to Section 8.14.1.H of the Land Use Code (lot depth to width ratio)
Location: Section 20, Township 4 North, Range 69 West of the 6th P.M.; 4017 W. County Road 8, Berthoud, Located southeast of the intersection of County Road 8 and County Road 23
Applicant/Owner: Stephen Gardner & Margot Nacey, 3833 WCR 8, Berthoud, CO 80513
Planning Commission and Development Services Team Recommendation: BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval the Gardner Subdivision, file #14-S3262, and appeal to Section 8.14.1.H of the Larimer County Land Use Code
A) The Larimer County Planning Commission and Development Services Team recommends approval of the Gardner Subdivision File #14-S3262 subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Gardner Acres Subdivision, File #14-S3262 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 Gardner Subdivision.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R-2J school 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. 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. 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 approval of the appeal to Section 8.14.1.H (Lot Width to Depth Ratio) of the Larimer County Land Use Code.