Planning Commission Minutes 2005 04 14

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Planning Commission Meeting Minutes April 14, 2005 Page 4 of 14 John Mayhoffer, 10014 Empire Road, Lafayette, CO discussed the history of the irrigation ditch and the prescriptive easement rights within the state law. Lipton asked Johnstone if the irrigation ditch would be addressed in more detail during the PUD process. Johnstone stated “Not necessarily.” Lipton confirmed that the ditch is noted by the survey of the property. Deborski asked Mayhoffer if the notation on the map was sufficient. Mayhoffer stated that it could be more clearly shown. Loo requested that staff demonstrate where on the map the ditch is noted. McAvinew asked for a clarification between the survey and the plat maps. Johnstone noted that the survey contains the surveyor stamp and the plat map does not. Staff Summary and Recommendation: Johnstone recommended approval of Resolution No. 8, Series 2005 with the following five (5) conditions as provided in the Staff Report dated April 14, 2005. Commission Questions: None Public Hearing Closed Commission Comments: Deborski asked staff if Note #10 on the plat needs to be a condition. Johnstone clarified note #10 and that it is not necessary to add as a condition. Pritchard moved and Loo seconded a motion to approve Resolution No. 8, Series 2005 a resolution approving a final subdivision plat for a two-lot industrial subdivision to be known as the Empire Road Subdivision with the following five (5) conditions: 1.It shall be noted in the subdivision agreement that the City has the right and the owner the obligation to dedicate additional easements, including but not limited to utility and drainage easements, as determined necessary at the time of development of the property and prior to the issuance of building permits. 2.While no additional public utility extensions have been identified as needed at this time, depending on the nature of future development of the property, additional utility extensions or upsizing may need to be constructed at the expense of the property owner(s). Language to that effect shall be added to the subdivision agreement. 3.The future road section for Empire Road has not been designed. If in the future it is required to be improved with additional roadway, including possibly curb and gutter and including such ancillary improvements as sidewalks and street lights, the property owners shall be required to construct such improvements or contribute their pro rata share of the cost of constructing such improvements. 4.It shall be noted on the subdivision plat that, “Approval of this subdivision plat should not be inferred to guarantee rights to any further development of the property. Any further development of the property will require the review and approval of a Floodplain Development Permit, consistent with local, state and federal floodplain development requirements.”