HomeMy WebLinkAboutPLANTATION MANOR - FDP - 39-00A - CORRESPONDENCE -Ted Shepard - Fwd: Re: Brett Larimer
(7) the clearing of land as an adjunct of construction;
(8) the deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(9) the installation of landscaping within the public right-of-way, when installed in connection with the
development of adjacent property.
(10) the construction of a roadway through or adjoining an area that qualifies for protection by the
establishment of limits of development.
(B) Development shall not include:
(1) work by a highway or road agency or railroad company for the maintenance or improvement of a road
or railroad track, if the work is carried out on land within the boundaries of the right-of-way;
(2) work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on public
easements or rights -of -way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or
the like; provided, however, that this exemption shall not include work by a public utility in constructing or
enlarging mass transit or railroad depots or terminals or any similar traffic -generating activity;
(3) the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the
interior or the color of the structure or the decoration of the exterior of the structure;
(4) the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry
products; for raising or feeding livestock (other than in feedlots); or for other agricultural uses or purposes,
provided none of the above creates a nuisance;
(5) a change in the ownership or form of ownership of any parcel or structure;
(6) the creation or termination of rights of access, easements, covenants concerning development of land,
or other rights in land.
(C) When appropriate in context, development shall also mean the act of developing or to the result of
development.
>>> Don Bachman 5/17/2005 4:57:35 PM >>>
Do you know the story? He was clearing his property and Lance shut him down. Where does he stand on
a DCP? How do we have the authority to stop him from removing trees?
CC: Georgiana Deines; Lance Newlin
Page 2
Teri Shepard - Fwd: Re: Brett Larimer
From: Sheri Wamhoff �-, Op
To: Don Bachman 30
Date: 05118/2005 11:10:46 AM
Subject: Fwd: Re: Brett Larimer
Don
Per the Land Use Code the work that Brett Larimer was doing is not allowed without the completion of his
plans and the obtaining of a DCP.
Per Section 2.1.3(D)(2) "..An approved final plan shall be required for any property which is intended to be
developed. No development shall be allowed to develop or otherwise be approved or permitted without an
approved final plan...."
And Per Section 2.6.1(B) "A Development Construction Permit is required in order to coordinate the
transition from completion of the development review process to the construction process."
and Section 2.6.2(B) "A Development Construction Permit shall be required for all development that is
required to construct public infrastructure improvements that , upon completion, will be owned or
maintained by the city."
Per the definition of Development in Chapter 5 - what Brett was doing is considered development (see
definition below), plus he does not have a final plan and plat filed and completed with planning so he does
not have final plans approved and filed. Nor has he submitted for a Development Construction Permit -
which we could not issue until all the plans are approved and completed. We have signed the utility plans
and do have a signed development agreement he has just not completed things with planning.
The code was specifically written this for several reasons. Once we have a development plan in the
process or approved we may need inspectors on site to watch what they are doing, we don't want them to
change physical features that may need to be saved or mitigated, or starting grading or clearing work with
out erosion control measures in place.
hope this helps, please let me know if you need some additional information.
Sheri
Development shall mean the carrying out of any building activity or mining operation, the making of any
material change in the use or appearance of any structure or land, or, except as is authorized in Section
1.4.7, the dividing of land into two (2) or more parcels.
(A) Development shall also include:
(1) any construction, placement, reconstruction, alteration of the size, or material change in the external
appearance of a structure on land;
(2) any change in the intensity of use of land, such as an increase in the number of dwelling units in a
structure or on a tract of land or a material increase in the intensity and impacts of the development;
(3) any change in use of land or a structure;
(4) any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;
(5) the commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling
or excavation on a parcel of land;
(6) the demolition of a structure;