AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, October 6, 2014/3:00 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.       OPPENHEIMER SUBDIVISION, FILE #14-S3218

 

Staff Contacts:  Karin Madson, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Preliminary Plat approval for a 2 lot subdivision to divide a 39.71 acre property into 2 lots; one with the existing equestrian operation and possibly a new dwelling and the other lot with an existing single family dwelling.  Appeals to LUC Sections:  8.14.1.R. – connectivity; 8.14.1.M. – private road; 8.14.2.O. – gated entrance; 8.14.1.P. – second point of

Location:  11-07-68; located on the north side of Highway 14 (E. Mulberry) approximately 1.4 miles east of I-25.

Applicant:  Lisa Oppenheimer - 5400 E State Highway 14, Fort Collins, CO 80524

Owner:  Brian Oppenheimer - 5400 E State Highway 14, Fort Collins, CO 80524

 

Planning Commission and Development Services Team Recommendation: 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Oppenheimer Subdivision, file #14-S3218, and appeals to Sections 8.14.1.R. – connectivity, 8.14.1.M. – private road, 8.14.2.O. – gated entrance, 8.14.1.P. – second point of access of the Larimer County Land Use Code to not require connectivity, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Oppenheimer Subdivision, file # 14-S3218, 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 Oppenheimer Subdivision.

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre 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.   The fire code requirements outlined in the memo from Jim Lynxwiler, dated July 1, 2014 shall be met if a new home is constructed  on Lot 2 or the lots are further developed (access relocation, etc.)

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.   If a new residence is built on Lot 2 it shall be connected to public sewer.

7.   The applicant shall install a new water service line and meter pit prior to the sale either lot, so that each lot has its own water tap. 

8.   The final plat application shall include documentation to ensure there is an easement, agreement, covenant or other appropriate document to be recorded in the county records that grants the right of access for emergency and service vehicles and that defines the persons/entities entitled to use the road easements, including the installation and maintenance of street name signs within the easement, the purpose for and manner in which the roads may be used, any limitations on the use of the roads, the persons/entities authorized to enforce the terms of the easement and penalties for violation of the terms of the easement. 

9.   The final plat shall include a right-of-way dedication along Highway 14 to meet CDOT’s projected right-of-way need.

10.   The final plat shall include a sewer easement from proposed lot 1 across Lot 2 to the north property line were a connection to public sewer could be constructed.

11.   The final plat shall include a 40 foot access easement along the entire access road.

 

MOTION PASSED:  9-0

 

 

*2.       CAMPION GREENHOUSE SPECIAL EXCEPTION, FILE #14-Z1931

 

Staff Contacts:  Karin Madison, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Special Exception to convert the existing accessory greenhouses to a wholesale growing facility for organic vegetables.  The Commercial Greenhouse use is not a listed use in the R-1 Residential Zoning District.

Location:  02-04-69; located on the south side of W County Rd 14/State Hwy 60, approximately ½ mile west of Hwy 287.

Applicant:  TFG Design, LLC/Tim Katers - 1269 Cleveland Ave., Loveland, CO 80537

Owner:  Rocky Mountain Conference of Seventh-day Adventists -            Attn. Spencer Hannah

            300 42nd Street, Loveland, CO 80537

 

Planning Commission and Development Services Team Recommendation: 

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Campion Greenhouses Special Exception, file #14-Z1931, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

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

2.   The applicant shall submit a Site Plan Review application for review and approval within 180 days of approval. 

3.   The Site Plan review application shall include information to demonstrate compliance with the requirements of the Little Thompson Water District as outlined in the memo from Michael Cook, dated April 24, 2014.

4.   The Site Plan review application shall include an addendum the drainage report to address the requirements outlined in the memo from Clint Jones, dated May 6, 2014.

5.   The Site Plan review application shall include information to demonstrate compliance with the requirements of the Loveland Fire Rescue Authority as outlined in the memo from Carie Dann, dated May 7, 2014.

6.   The Site Plan Review application to demonstrate that the internal access road meets the applicable Larimer County Rural Area Roads Standards outlined in the memo from Clint Jones, dated May 6, 2014, including a 20 foot all weather access road.

7.   Building permits are required for repair for and new structures as noted in the comments from Stan Griep, dated April 18, 2014.  The applicant shall obtain any required building permits prior to the commencement of new construction and within 60 days of approval for ongoing or recent repair work. 

 

MOTION PASSED:  9-0

 

 

*3.       REEVES SUBDIVISION AND LOT SIZE APPEAL, FILE #14-G0275

 

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

Request:  Review of a request to approve an exemption to the Conservation Development process and allow a subdivision of 35.2 acres into three lots one of two acres, one of five acres and a “residual lot” of 28 acres.

Location:  14-08-68; located east of Cobb Lake and west of County Line Road

Applicant:  Donald W. Reeves - 5251 East County Road 58, Fort Collins CO  80524

Owner:  Donny & Shawna Reeves - 3301 Saratoga St. #B, Wellington CO 80549

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Reeves Appeals file # 14-G0275 subject to the following condition(s):

 

1.   A two lot subdivision as proposed by the applicant is the maximum that may be processed and proposed as a subdivision. 

 

 

D.        ADJOURN