LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, September 23, 2019/3:00 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. AMENDED PLAT OF LOTS 162 AND 141 GLACIER VIEW MEADOWS 12TH FILING, FILE #19-LAND3929
Staff Contacts: Robert Helmick, Planning, Katie Gray, Engineering, Lea Schnieder, Health
Request : Approval of an Amended Plat to adjust the lot line between Lots 162 and 141 to allow for the zone district setback of 50 feet separation from a home under construction on Lot 162. A partial vacation of the utility easement is also requested for that area along the existing lot line
Location : North side of Rabbit Ears Court in Glacier View Meadows 12th Filing
Applicant/Owner: Jack and Michelle Brashers, 10 Tracy Trail, Loveland Co 80537
Development Services Team Recommendation: The Development Services Team recommends Approval of the AMENDED PLAT OF LOTS 141 and 162 Glacier View Meadows 12th filing and easement vacation file 19-LAND3929, 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 April 15, 2020 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 the Larimer County Engineering Department.
*2. BIG ELK MEADOWS BROADBAND TOWER SPECIAL REVIEW, FILE #19-ZONE2540
Staff Contacts: Jenn Cram, Planning, Rothwell, Engineering, Lea Schneider, Health Department
Request : Special Review for a new 37-foot freestanding tower to provide Broadband Service for the Big Elk Meadows area
Location : 1070 Big Elk Meadows Road, Lyons, CO
Applicant: xBar7, Oskar Atkison
Owner: Big Elk Meadows Association, 29 Willow Drive, Lyons, CO 80540
Planning Commission and Development Services Team Recommendation: Commissioner Johnson moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend approval to the Board of County Commissioners for reason identified in the Teams Findings and for supporting the Review Criteria for the Big Elk Meadows Broadband Tower Special Review, File # 19-ZONE2540 and along with recommendations found on page 35 of the Staff Report.
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 property shall be developed consistent with the approved plan and with the information contained in the Big Elk Meadows Broadband Tower Special Review, File #19-ZONE2540 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 Big Elk Meadows Broadband Tower Special Review.
3. Prior to receiving a building permit the applicant will submit a letter noting that they will take responsibility to remove the tower at their expense and return the site to existing conditions if the tower is no longer needed or abandoned.
4. Plans submitted for building permit must note that the construction of the proposed improvements will be completed in such a way that the existing drainage patterns in the area will not be altered.
5. Existing trees will be preserved around the tower base as much as possible. All disturbed area will be revegetated with native grasses to prevent erosion and noxious weeds.
6. Measures will be taken to control erosion and sedimentation. After construction all disturbed areas will be repaired to a condition that is equal or better than the existing condition.
7. 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.
8. This application is approved without the requirement for a Development Agreement.
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.
Commissioner Miller second the motion.
Commissioner Wallace, True, Stasiewicz, Miller, Johnson, Jensen, Choate, Barnett, Dougherty
Motion passed 9-0.
*3. WARBERG FARM CONSERVATION DEVELOPMENT AMENDMENT TO DEVELOPMENT AGREEMENT, FILE #19-LAND3927
Staff Contacts: Samantha Mott, Planning, Traci Shambo, Engineering
Request : A request to amend the Warberg Farm Conservation Development Agreement to remove the requirement for fire sprinklers.
Location : NE1/4 32-05-68; situated on the south side of County Road 16 and on the north side of the Chapman reservoir, Loveland.
Applicant/Owner: Lance Nelsen, Nelsen Construction, Beverly Drive, Berthoud, CO 80513
Development Services Team Recommendation: The Development Services Team recommends Approval of the Warberg Farm Conservation Development Amendment to Development Agreement, File #19-LAND3927, subject to the following condition(s):
1. An Amendment to the Warberg Farm Conservation Development Agreement will need to be signed by fourteen of the lot owners of the development as well as the Board of County Commissioners.
2. The applicant will need to submit Ownership and Encumbrances for the fourteen lots to ensure we have the correct property owner’s approval and signatures on the final Amendment to the Development Agreement.
3. The developer for Phase 2 must confirm LTWD has approved all improvements for the water main and hydrant on Fox Crossing Place (3 hydrants).
4. All second-access roadways to the lots must be maintained as an all-weather surface capable of supporting the weight of a fire vehicle (82,000 pounds). This includes removing any snow and any vegetation that might start to grow on or over these second access roads. Additionally, any gates installed across these roadways must be maintained in an operable condition at all times.
5. The developer must contact the Loveland Fire Rescue Authority Community Safety Division to schedule an inspection of any gates installed across the secondary access roadways.
*4. GLACIER VIEW MEADOWS 4TH PUD, LOT 63 EASEMENT VACATION, FILE #19-LAND3930
Staff Contacts: Kathy Eastley, Planning, Lea Schneider, Health, Devin Traff, Engineering
Request : Vacate a 20-foot Utility Easement adjacent to and parallel with Green Mountain Drive
Location : 151 Mount Massive Drive, Livermore
Applicant/Owner: Mark Haines, P.O. Box 2876, Loveland, CO 80539-2876
Development Services Team Recommendation: The Development Services Team recommends Approval of the requested vacation of the 20-foot utility easement located adjacent to and parallel with the Green Mountain Drive right-of-way on Lot 63, Glacier View Meadows 4th, File Number 19-LAND3930, with the following conditions of approval, and authorize the Chair to sign the Findings and Resolution:
1. All conditions of approval shall be met, and the final resolution recorded by March 23, 2020 or this approval shall be null and void.
*5. JACKSON HEIGHTS, LOTS 9 AND 10 AMENDED PLAT, FILE #19-LAND3884
Staff Contacts: Kathy Eastley, Planning, Lea Schneider, Health, Steven Rothwell, Engineering
Request : Amend the common lot line between Lots 9 and 10, Jackson Heights
Location : 713 Boulder Circle and 604 Boulder Avenue, Fort Collins
Applicant: Jay Robinson, Stewart & Associates, Inc., P.O. Box 429, Fort Collins, CO 80522
Owner: Leonard and Beatrice Kearl, 604 Boulder Avenue, Collins, CO 80524
Development Services Team Recommendation: The Development Services Team recommends Approval of the Amended Plat for Jackson Heights, Lots 9 and 10, File Number 19-LAND3884, subject to the following condition and authorization for the chairman to sign the plat when the plat is presented for signature:
1. All conditions of approval shall be met, and the Final Plat recorded by March 23, 2020 or this approval shall be null and void.