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AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, February 13, 2012/3:00 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.

DETAILED INFORMATION

 

*1.       LETITIA LAKE SUBDIVISION LOTS 7 & 8, BLOCK 4 LOT CONSOLIDATION, FILE #12-S3089

 

Staff Contacts:  Brenda Gimeson, Planning, Jeff Goodell, Engineering, Doug Ryan, Health

Request:  A Lot Consolidation to combine Lots 7 and 8, Block 4, of the Letitia Lake Subdivision into one lot.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

Location:  Northeast quarter of Section 27, Township 10 North, Range 73 West, 367 and 377 Eagle Tree Circle, Red Feather Lakes, CO.

Owner/Applicant:  William Leary – 695 Manhattan Unit 19, Boulder CO  80303

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Letitia Lake Subdivision, Block 4, Lots 7 and 8 Lot Consolidation File # 12-S3089 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by August 13, 2012, 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.

3.   The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

 

            *2.       ANNUNCIATION CHAPEL ADDITION SPECIAL REVIEW, FILE #11-Z1853

 

Staff Contacts:  Michael Whitley, Planning, Eric Tracy, Engineering, Doug Ryan, Health

Request:  Special Review approval to allow the expansion of an existing non-conforming church in the FA – Farming and O – Open zoning districts including the addition of a pastor’s residence and a pre-school/daycare facility for up to 20 children

Location:  Section 13, Township 8 North, Range 69 West of the 6th P.M.; 290 E. County Road 56, Fort Collins; northeast of the intersection of Highway 1 and County Road 56

Applicant:  Hattman Associates/Ric – 145 Swallow Rd, Fort Collins CO  80525

Owner:  Society of Saint Plus X – 290 E County Road 56, Fort Collins CO  80524

 

Planning Commission and Development Services Team Recommendation:  The Planning Commission and Development Services Team recommend to the Board of County Commissioners that the Annunciation Chapel Addition Special Review, file #11-Z1853, be approved 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 Annunciation Chapel Addition Special Review, File #11-Z1853 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 Annunciation Chapel Addition 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.   Final Site Plan documents, including deeds of dedication, shall be submitted within 90 days of the signing of the Findings and Resolution.

6.   The property owner may continue to use the parking spaces and maneuvering area within the right-of-way until County Road 56 and/or Highway 1 is widened.  Upon request, the property owner shall submit a Site Plan Review application for the relocation and/or reconfiguration of the parking lot.  It will be the responsibility of the property owner to make all necessary improvements and to comply with all applicable standards in effect at the time. 

7.   The access onto County Road 56 shall be relocated as per the approved plans prior to the issuance of a certificate of occupancy for the church addition.

8.   The future establishment of a day care facility will require site plan review to evaluate compliance with current health, building and fire code requirements.

9.   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.

10.   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.

11.   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.

 

 

*3.       PARKER MINOR RESIDENTIAL DEVELOPMENT TRACTS A & B AMENDED PLAT, FILE #11-S3070

 

Staff Contacts:  Rob Helmick, Planning, Jeff Goodell, Engineering, Doug Ryan, Health

 

Request:  To amend the plat of the Parker MRD adjusting the boundary between Tracts A & B to increase the size of B by approximately 5 acres, creating lots of 14+ and 26+ acres.

Location:  32-5-60; At the Northwest corner of CR 14 and CR 21 southwest of Loveland.

Applicant:  Intermill Land Surveying/Rob – 1301 N Cleveland Ave., Loveland CO  80537

Owner:  Virlon & Edna Parker % Home State Bank Trust Department/John Blair –

PO Box 179, Loveland CO  80539-0179

Tim & Meg Dyer – 3851 S County Road 21, Loveland CO  80537

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Parker MRD Tracts A & B Amended Plat File # 11-S3070, subject to the following conditions 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 August 13, 2012 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 Dale Greer, Land Surveyor of the Larimer County Engineering Department.

     3.    The new parcels shall be described and noted on the plat as lots not tracts.

 

 

*4.       PARKER SECOND SUBDIVISION, FILE #11-S3041

 

Staff Contacts:  Rob Helmick, Planning, Jeff Goodell, Engineering, Doug Ryan, Health

Request:  Preliminary Plat and Final Plat of a Subdivision of 26.9 acres into three lots of 2.9, 4.8 and 19.2 acres

Location:  32-5-69; Located northwest of the intersection of CR 14 and CR 21

Applicant:  Intermill Land Surveying/Rob – 1301 N Cleveland Ave., Loveland CO  80537

Owner:  Virlon & Edna Parker % Home State Bank Trust Department/John Blair – PO Box 179, Loveland CO  80539-0179

 

Planning Commission and Development Services Team Recommendation to the Board of County Commissioners:   Approval of the Parker 2nd Subdivision Preliminary Plat File # 11-S3041, subject to the following condition(s):

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Parker 2nd Subdivision Preliminary Plat File # 11-S3041, 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 Parker 2nd Subdivision Preliminary Plat.

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Thompson R2-J School District 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.   Fire Requirements – At the time of the development of Lot 3, the current owner will be required to install fire protection consistent with the requirements of the Code.  If lot 3 develops as only a single-family use then hydrants within 600 feet of a residence or residential fire sprinklers in the alternative shall be require.  Any redevelopment (construction of a new residence) of Lots 1 and 2 shall require hydrants within 600 feet of the residential structure or residential fire sprinklers. 

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.   The access to Lot 3 from CR 14 shall be in one of the two locations as depicted on the Preliminary Plat.  These locations shall be shown on the Final Plat. 

 

The Development Services Team further recommends Approval of the Parker 2nd Subdivision Final Plat File # 11-S3041, subject to the following condition(s):

 

1.   Completion of the plat and supporting documents prior to presenting them for Board of County Commissioners approval and signature.

 

 

*5.       PEARL VISTA CONSERVATION DEVELOPMENT 2ND DEVELOPMENT AGREEMENT AMENDMENT AND CHANGE TO FINAL USE PLAN FOR RESIDUAL LOT, FILE #06-S2427

 

Staff Contacts:  Karin Madson, Planning

Request:  Applicants requests that the Development Agreement and Final Use Plan be amended to provide for the ownership of Residual Lot A be connected to Lot 3 instead of Lot 1. 

Location:  SW ¼ of 10-10-74; located off Pearl Creek Road generally southwest of Crystal Lakes.

Applicant:  David Wyatt - 222 W. Magnolia St., Fort Collins, CO 80521

Owner:  Warren D. & Barbara J. Kroeker - 2049 Camelot Road, Ann Arbor, MI 48104

Tony Ferro/ Manager Ferro Holdings - P.O. Box 5310, Sam Reyburn, TX 75951-5310

 

Development Services Team Recommendation:  Staff recommends approval of the amendment to the Development Agreement and Final Use Plan for Residual Lot A, to reflect the changed ownership arrangement.

 

 

*6.       LLOYD EXTENSION/EXPANSION OF NON-CONFORMING USE, FILE #12-Z1873

 

Staff Contacts:  Karin Madson, Planning, Jeff Goodell, Engineering, Doug Ryan, Health

Request:  Expansion/Extension and of a non-conforming use to replace a single wide mobile home with a newer model.  There is also another single family residence on the property.

Location:  36-8-69: generally located northeast of the North College Marketplace

Owner:  Myron & Donna Lloyd – 510 W 29th Street, Loveland CO  80538

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Lloyd Extension/Expansion of a Non-conforming Use and File #12-Z1873 subject to the following condition(s):

 

1.   The applicant shall be responsible for obtaining a new sewer tap from the Cherry Hill Sanitation District at the time a building permit for the replacement dwelling is sought.

 

 

*7.       DRY CREEK CEMENT PLANT LATERAL FLOODPLAIN SPECIAL REVIEW

 

Staff Contacts:  Eric Tracy, Engineering Department

Request:  To allow a replacement of an existing underground 6 inch natural gas transmission line to cross the Dry Creek Zone A 100-year floodplain.

Location:  NW 1/4 of the SE 1/4 of Section 15 of Township 8 North, Range 69 West at the crossing of Dry Creek. North of County Road 56 and East of County Road 19.

Applicant:  XCEL Energy/Public Service Company of Colorado

 

Staff Recommendation:  To approve the FPSR and allow a replacement of an existing underground 6 inch natural gas transmission line to cross the Dry Creek Zone A 100-year floodplain.

 

 

D.        PUBLIC HEARING DISCUSSION ITEM:

 

8.         TORREZ APPEAL, FILE #11-G0228

 

Staff Contacts:  Linda Hoffman, Planning Director

Request:  Appeal to the Director’s determination that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time.

Location:  South side of 42nd St SW, about 870 feet east of County Road 15H

Applicant:  Vonne & Debbie Torrez – 914 42nd Street SW, Loveland CO  80537

Own er:  Edmund & Carrie Kahle – 792 42nd Street SW, Loveland CO  80537

 

Alternate Suggested Motions:

 

I move that the Board of County Commissioners deny the fee waiver appeal and deny the Torrez Appeal and uphold the Director’s determination that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time.

OR

 

I move that the Board of County Commissioners approve the fee waiver appeal and approve the Torrez Appeal and overturn the Director’s determination that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time. Staff is directed to take all necessary measures, including legal action, to bring the Mighty Earthworks business into compliance with the approved Minor Special Review.

 

 

E.         ADJOURN