Commissioners' Land Use Agenda

> Meetings & Minutes > Commissioners' Land Use > Agenda

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, July 6, 2009/3:00 P.M./Hearing Room

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE

D. PUBLIC COMMENT ON THE LARIMER COUNTY BUDGET

E. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience.

*1. BURR MINOR SPECIAL REVIEW, FILE #09-Z1733

TABLED FROM MAY 11, 2009

Link to Detailed Information – Page 3

Staff Contacts: Toby Stauffer, Planning, Eric Tracy, Engineering, Doug Ryan, Health

Request: Minor Special Review approval for a detached Accessory Dwelling Unit in an existing cabin on the property.

Location: 10-5-72, 2980 Lory Lane, Estes Park, just outside the Estes Valley Plan Area, off Lory Lane, County Road 61 and County Road 43.

Applicant: Celine Lebeau, Van Horn Engineering, 1043 Fish Creek Rd. Estes Park, CO 80517

Owner: Harriet D. Burr Family Trust

Development Services Team Recommendation: The Development Services Team recommends approval the Burr Minor Special Review, File #09-Z1733, subject to the following conditions:

1. The Site shall be developed consistent with the approved plan and with the information contained in the Burr Minor Special Review (File # 09-Z1733) 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 Burr Minor Special Review.

2. This application is approved without the requirement for a Development Agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the 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 Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor 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 Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees. County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3. 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 Minor Special Review approval.

4. Per Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the existing accessory living area shall not exceed to 40 percent of the square footage in the single-family dwelling or 800 square feet, whichever is less.

5. The single-family character of the property must be maintained. The entrance(s) to the accessory living area must not be visible from any road.

6. The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

7. The accessory living area must not be rented or leased separately from the single-family dwelling.

8. The owner is responsible for obtaining all required building permits for the existing cabin and the 1600+ sq.ft. addition to the main residence. All applicable fees, including building permit fees and Transportation Capital Expansion Fees, shall apply to the permits.

9. By June 30, 2009, a Larimer County building inspector shall perform an on-site inspection for both the existing 1600+ sq.ft. addition to the main residence as well as the cabin. Imminent life-safety issues must be corrected as soon as possible for the addition. If the cabin remains vacant, correction of imminent life-safety issues may be deferred until September 30, 2009.

10. By September 6^th, 2009, the owner shall apply for building permits for the 1600+ sq.ft. addition to the original 588 sq.ft. residence and for the 720 sq.ft. cabin. Permit application forms, together with written evaluations from a structural engineer, Colorado licensed master electrician and Colorado licensed master plumber, as well as floor layout plans and plot plans, will be required. For the second dwelling unit, the cabin, plan check fees will be payable at the time the permit application is submitted. For the addition to the main residence plan check fees will be deferred until final inspection approvals are obtained.

11. On or before March 4^th, 2010, the owners must pick up (have issued) the building permit for the cabin. The cabin permit must be issued at this time, no extension will be granted. Final building permit fees (except TCEF fees) must be paid at this time. TCEF fees will be deferred until such time as final inspection approvals are obtained. Once final inspection approvals are obtained, TCEF fees must be paid in order to have a certificate of occupancy or letter of completion issued.

March 4, 2010 will also be the deadline to pick up (have issued) the building permit for the addition to the main residence unless a six-month extension is approved by the Building Official pursuant to the Building Code adopted by Larimer County. Final building permit fees will be deferred until such time as final inspection approvals are obtained.

Building permits are active for 18 months. All corrections noted on plans by inspector, engineer, plumber, and electrician (except imminent life-safety issues, if any), must be completed within 18 months from the date the permits are issued.

12. September 4, 2011 is the deadline for obtaining final inspection approvals for the cabin and the addition, except if the Building Official grants a six-month extension for the building permit for the addition to be issued, this date is extended for six months for the addition only.

13. Prior to issuance of a building permit for the main residence, the owner shall have an inspection of the existing septic system serving the primary residence conducted by the Larimer County Department of Health & Environment. The owners shall take any necessary steps following that inspection to bring the septic system into compliance with the County’s Individual Sewage Disposal Systems Regulation.

14. Prior to issuance of a building permit for the cabin, the privies on the property shall be properly abandoned, and a new septic system shall be designed and installed to serve the accessory cabin. A permit to install that system shall be obtained from the Larimer County Department of Health and Environment prior to installation. Final inspection of the new septic system for the cabin shall include that the privy for the cabin has been properly abandoned.

15. This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

*2. COUNTY ROAD 80C RIGHT-OF-WAY VACATION

Link to Detailed Information – Page 35

Staff Contact: Charlie Johnson, Engineering

Request: Vacation of a portion of unnecessary right of way for CR80C

Applicant: Larimer County

Staff Recommendation: Approval of the request to vacate a portion of the old alignment of CR80C, within T10N-R70W Section 19 as shown on the attached exhibit. A utility easement shall be left in place for Qwest.

*3. MIDORI PLANNED LAND DIVISION/PLANNED DEVELOPMENT PRELIMINARY PLAT, FILE #08-S2820

Link to Detailed Information – Page 39

Staff Contacts: Sean Wheeler, Planning Eric Tracy, Engineering, Doug Ryan, Health

Request: Consideration of a Preliminary Plat request to subdivide a 4.99-acre site into 11 lots for single-family residential uses as a Planned Land Division, and; a request to rezone a property from FA-Farming to Planned Development.

Location: 04-07-69: Located on the west sideof North Taft Hill Road, south of the Saddleback & Solar Ridge Subdivisions, northwest of Fort Collins. The site is inside the Fort Collins GMA and subject to the Northwest Sub-Area Plan.

Applicant: Vignette Studios, Terrance Hoaglund, 144 North Mason Street, Fort Collins, CO 80524

Owner: Robert Brooks, Erosphere Investments, 144 North Mason Street, 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 that Midori Planned Development to rezone from FA-Farming to PD- Planned Development, file #08-S2820, for the property described on “Exhibit A” to the minutes, be approved effective upon the recordation of the Final Plat and Development Agreement.

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Midori Planned Land Division, file #08-S2820, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

1. The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Midori Planned Land Division and Planned Development, File # 08-S2820, 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 Midori Planned Land Division and Planned Development, File # 08-S2820.

2. The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion and the Community and Regional Park Fees (in lieu of dedication).

The fee amount that is current at the time of building permit application shall apply. The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

3. The development shall connect to the public water system to be designed and constructed to supply a minimum fire flow of 1,000 gallons per minute with a minimum pressure of 20 pounds per square inch (psi). In addition, the development must provide fire hydrants no more than 1,000 feet from each occupied structure.

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. Prior to recordation of the final Development Agreement and Final Plat, Developer shall provide a signed Agreement to Annex for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

7. The historic residence on Lot 11 is subject to the uses described in the PD-Planned Development rezoning. If the historic residence is removed, it can only be replaced with a single-family residential use.

*4. MCDONOUGH WIND FACILITY MINOR SPECIAL REVIEW, FILE #09-Z1737

Link to Detailed Information – Page 104

Staff Contacts: Toby Stauffer, Planning, Eric Tracy, Engineering, Doug Ryan, Health

Request: Minor Special Review approval for a small wind energy facility of three towers, 60’ hub height and allowance of one tower to be 72’from the property line.

Location: 13-5-68, 307 N. CR 1, Johnstown, at the eastern edge of the county.

Applicant: Toby Childers, Small Circle Energy, 3210 Birch Drive

Loveland, CO 80534

Owner: David & Lynn McDonough, 307 N. County Road 1, Johnstown, CO 80534

Development Services Team Recommendation: The Development Services Team recommends approval the McDonough Wind Facility Minor Special Review, File #09-Z1737, subject to the following conditions:

1. The Site shall be developed consistent with the approved plan and with the information contained in the McDonough Wind Facility Minor Special Review (File # 09-Z1737) 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 McDonough Wind Facility Minor Special Review.

4. The owner is responsible for obtaining all required building permits for the Small Wind Energy Facility. All applicable fees, including permit fees shall apply to this use.

5. This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

F. ITEMS:

5. GLEN HAVEN LOTS 27 & 47 BLOCK 6 LEGAL LOT APPEAL, FILE #09-G0169

Link to Detailed Information – Page 123

Staff Contacts: Rob Helmick, Planning, Traci Shambo, Engineering, Doug Ryan, Health

Request: Appeal to the process requirements based upon an identified violation of the subdivision regulations to recognize as “legal” two partial lots in the Glen Haven Plat.

Location: 27-6-72; in Glen Haven along CR 43 adjacent to the Glen Haven Post Office.

Applicant/Owner: Pipers Meadow Management, LLC. Franklin Crone, PO Box 101 Glen Haven CO 80532

Development Services Team Recommendation: The Development Services Team recommends Denial of the Glen Haven Lot 27 and 47 Block 6 Appeal, File #09-G0169.

6. NICOLE COLLINS CODE COMPLIANCE

Link to Detailed Information – Page 138

Staff Contact: Chad Gray, Code Compliance

Location: 3817 Twilight Lane, Fort Collins

Owner: Nicole Collins

Staff Recommendations:

If the Board of County Commissioners approve the extension request, staff recommends option #1 under the proposed motions below.

If the Board of County Commissioners deny the extension request, staff recommends option #2 under the proposed motions below.

Proposed Motions:

Option 1: I move we approve the extension with conditions as requested in the letter from Nicole Collins dated June 16, 2009.

Option 2: I move we deny the extension request and require the owner to reach compliance with the Land Use Code by (a date to be determined by the Board).

G. ADJOURN