LARIMER COUNTY PLANNING COMMISSION

 Minutes of February 21, 2018

 

The Larimer County Planning Commission met in a regular session on Wednesday, February 21, 2018, at 6:30 p.m. in the Hearing Room.  Commissioners’ Caraway, Christman, Cox, Jensen, Miller and Wallace were present.  Commissioner Jensen presided as Chairman.  Commissioner Dougherty, Gerrard and Lucas were absent.  Also present were Todd Blomstrom, Public Works Director, Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Samantha Mott, Planner II, Clint Jones, Engineering Department, Lea Schneider, Health Department, and Jill Wilson, Recording Secretary. 

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

Lou Kinzli, spoke regarding the Boundary Line Adjustment process.  He was told he had to go through the Minor Land Division process instead.  He did not agree to have to go through that process for two, legal parcels.  He did not understand why it had to go through such an intrusive process.  He asked that it be considered and discussed.

 

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

None.

 

APPROVAL OF THE MINUTES FOR THE JANUARY 17, 2018 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Wallace.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1 BUCKHORN TOWER LOCATION AND EXTENT #18-ZONE2310:   Mr. Helmick provided background information on the request for Location and Extent Review for 100 foot replacement communications tower and antennas, support facilities, driveway and generator on the site for Larimer County located off of County Road 41 at the top of Buckhorn Mountain.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Buckhorn Tower Location and Extent, file #18-ZONE2310 , for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

1.   A Plot Plan review will be necessary prior to the acceptance of building permit or development permit applications. 

2.   All permits shall be obtained prior to construction.

3.   Building Permits or reviews as required for construction of the tower and the subsequent attachment of any antenna or arrays shall be obtained prior to the commencement of any construction activity.  

 

Commissioner Miller seconded the Motion.

 

 

Commissioners’ Caraway, Christman, Cox, Miller, Wallace and Vice-Chairman Jensen voted in favor of the Motion.

 

MOTION PASSED:  6 -0

 

 

ITEM #2 WALDO CEMETERY SPECIAL REVIEW #17-ZONE2273:  Mr. Lafferty provided background information on the request for a Special Review approval to establish a private family cemetery on approximately one-half acre of land on a 27.61-acre residual parcel zoned O – Open.  The property was located at 9925 Waldo Lane, Wellington; which was on the west side of Waldo Lane approximately 1,000 feet north of the intersection of Waldo Lane and E. County Road 66.  Mr. Lafferty asked that Condition of Approval #1 be removed.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Waldo Cemetery Special Review, file # 17-ZONE2273 , for the property described on “Exhibit B” to the minutes, subject to the following conditions and deleted condition #1:

 

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 Site shall be developed consistent with the approved plan and with the information contained in the Waldo Cemetery Special Review, File #17-ZONE2273 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 Waldo Cemetery Special Review.

 

3.   Prior to the first burial or within one year from the date of Special Review approval, whichever occurs first, the applicant shall provide a geotechnical report for the cemetery site conducted while the North Poudre Canal is running that demonstrating a groundwater level at least 11 feet below the surface. If the seasonally high groundwater level is less than 11 feet below the surface, an Amended Special Review would be required for the relocation of the cemetery.

 

4.   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.

 

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

 

 

 

 

 

 

6.   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.

 

7.   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.

 

8.   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 seconded the Motion.

 

Commissioners’ Caraway, Christman, Cox, Miller, Wallace and Vice-Chairman Jensen voted in favor of the Motion.

 

MOTION PASSED:  6 -0

 

 

ITEM #3 CLUBHOUSE 9 SPECIAL REVIEW #17-ZONE2276:  Ms. Mott provided background information on the request for Special Review approval to allow a craft brewery and tap room in an existing building in the C-Commercial zoning district, located approximately 350 feet west of the intersection of Airpark Drive and the E. Mulberry Frontage Road on the south side of the Frontage Road; more specifically located in Suite 1831 of the Poudre River Plaza, 1807 E. Mulberry Street, Fort Collins.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Clubhouse 9 Special Review, file # 17-ZONE2276 , for the property described on “Exhibit C” to the minutes, subject to the following conditions:

 

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 Site shall be developed consistent with the approved plan and with the information contained in the Clubhouse 9 Special Review, File #17-ZONE2276, 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 Clubhouse 9 Special Review.

 

3.   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

 

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

 

5.   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.

 

6.   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.

 

7.   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.

 

8.   The applicant will have to complete the Site Plan Review process and obtain all the applicable permits prior to commencing the use.

 

9.   Any new signs, including the wall mounted sign on the silo, will require sign permits and must comply with Section 10 of the Land Use Code.

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Caraway, Christman, Cox, Miller, Wallace and Vice-Chairman Jensen voted in favor of the Motion.

 

MOTION PASSED:  6 -0

 

 

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 6:54 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.

 

 

_______________________________                      ______________________________

Jeff Jensen, Vice-Chairman                                        Mina Cox, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A 

 

E 1/2 SE 34-8-71

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

LOT 1, WALDO CONSERVATION DEVELOPMENT (2001035319);LESS ROW PER 20110008139

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

TR IN NE 1/4 18-7-68, POB BEING AT POI CACHE LA POUDRE RES DITCH 2 & SRLY R/W HWY 14 AS IN 1420- 141, TH S 86 6' E 60 FT ALG SRLY R/W SD HWY TO NW COR TR DESC IN 1421-306, TH S 0 1' W 300 FT TO SW COR OF SD TR, N 86 6' W 440.52 FT, N 0 1' E 187.52 FT TO S