LARIMER COUNTY PLANNING COMMISSION

Minutes of February 18, 2015

 

The Larimer County Planning Commission met in a regular session on Wednesday, February 18, 2015, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller and Zitti were present.  Commissioner Gerrard was absent.  Commissioner Wallace presided as Chairman.  Also present were Terry Gilbert, Community Development Division Director, Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Traci Shambo, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to McKinney Rezoning and Lyons Sandstone Quarry Special Review.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None.

 

APPROVAL OF THE MINUTES FOR THE JANUARY 21, 2015 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1  MCKINNEY REZONING #14-Z1959:  Mr. Whitley provided background information on the request to rezone a 15.25 acre parcel from I-1 – Heavy Industrial to FA – Farming located north of County Road 16E, approximately 665 feet east of the intersection of  County Road 16E and County Road 13.

 

DISCUSSION:

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of McKinney Rezoning, file #14-Z1959 , for the property described on “Exhibit A” to the minutes.

 

Commissioner Glick seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller, Zitti and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

 

ITEM #2 LYONS SANDSTONE QUARRY SPECIAL REVIEW #14-Z1937:   Mr. Helmick provided background information on the request for a Special Review for an existing sandstone mining and rock product/finishing operations and expansion of the processing operations which was located off of Blue View Road, south of the eastern terminus of CR 37E.  He noted that Condition of Approval #8 could be removed as the Engineering Department noted that traffic would be decreased; therefore, Transportation Capital Expansion Fees would not apply.

 

DISCUSSION:

Commissioner Glick moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Lyons Sandstone Quarry Special Review, file #14-Z1937, for the property described on “Exhibit B” to the minutes, subject to the following conditions with deleted condition #8:

 

  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.

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Lyons Sandstone Special Review File # 14-Z1937except 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 Lyons Sandstone Quarry Special Review.

 

  1. 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

 

  1. This application is approved without the requirement for a Development Agreement.

 

  1. 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.

 

  1. 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.

 

 

 

 

 

  1. 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.

 

  1. The applicant shall pay the Transportation Capital Expansion Fees (TCEF) within 120 days of the recordation of the Findings and Resolution approving the Special Review. 

 

  1. The applicant shall prepare an advisory to be distributed to truck drivers regarding the use of air brakes.  This shall specifically note the desire to limit their use through the neighborhoods but not compromise safety.

 

  1. Crusher hours shall be limited to the hours of 7-6 Monday through Friday

 

  1. Maintenance plan for roads the applicant shall work with the Engineering Department to develop plans for identification of the maintenance needs on CR37E and Blue View Road focused on surface condition and dust control.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller, Zitti and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 6:48 p.m.

 

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

_______________________________                      ______________________________

Nancy Wallace, Chairman                                          Mina Cox, Secretary

 

 

 

 

 

 

 

EXHIBIT A 

 

.

Parcel 85300-00-041

BEG AT SE COR OF SW 1/4 OF NW 1/4 30-5-68, TH ALG E/W C/L N 89 26' 54" W

328.72 FT, SD PT BEING TPOB, TH CONTALG SD E/W CIL N 89 26' 54" W 328.72

FT, SD PT BEING TPOB, TH CONTALF SD E/W C/L N 89 26' 54" W 528.28 FT, N 0

33' 6" E 1321.86 FT TO N LN OF SW 1/4 OF NW 1/4 TH ALG SD N LN S 8943' 23" E

517.02 FT, S 03' 51" W FT TO N LN OF SW ¼ OF NW 1/4 TH ALG SD N LN S 89

43' 23" E 517.02 FT, SO 3' 51" W 1324.38 FT TPOB.

Larimer County, Colorado

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

Parcel No. 0431000030

N 1/2 OF NW 1/4, W 1/2 OF NE 1/4 AND SW 1/4 OF NW ¼ 31-4-70; LESS 1334-79 (SPLIT FROM 04190 00 030)

 

 

Parcel No. 0431000016

W 1/2 OF SE 1/4, N 1/2 & SW ¼ 30-4-70; LESS 1441-354, 1970-476, 1980-248 (SPLIT FROM 04190 00 030);

LESS 2050-94, 2127-335, 2218-229, 85055243, 87032404, 88024071, LESS BROWNING MLD S-110-87, 88043688,

89047218, 96022833