LARIMER COUNTY PLANNING COMMISSION

 Minutes of April 19, 2017

 

The Larimer County Planning Commission met in a regular session on Wednesday, April 19, 2017, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller and Wallace were present.  Commissioner Glick presided as Chairman.  Commissioner Gerrard was absent.  Also present were Rob Helmick, Senior Planner, Michael Whitley, 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: 

None.

 

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

None.

 

APPROVAL OF THE MINUTES FOR THE MARCH 15, 2017 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1 SKYLINE INVESTMENTS SPECIAL REVIEW #16-ZONE2100:   Mr. Whitley provided background information on the request for a Special Review for a Pet Animal Facility utilizing approximately 7,800 square feet of indoor space and with 2,500 square feet outdoor animal use area located at 2586 S. US Highway 287, Berthoud, which was east of US Highway 287 directly north of the Larimer County line.  The request also included an appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access.  He explained that when the application went through the Minor Special Review process, the Board of County Commissioners granted an appeal to the paving requirement for a maximum number of boarded dogs of 40.

 

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 Skyline Investments Special Review, file # 16-ZONE2100 , for the property described on “Exhibit A” 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 Skyline Investments Special Review, File #16-ZONE2100 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 Skyline Investments 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.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

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 Skyline Investments Special Review appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access, file #16-ZONE2100, with the condition that the driveway, parking lot and drive aisles be paved three years from the date of the signing of the Special Review Findings and Resolution or when the maximum number of dogs boarded exceeds 40, whichever occurs sooner. 

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

 

ITEM #2 SHREINER SAWMILL AMENDED SPECIAL REVIEW #17-ZONE2140:   Mr. Helmick provided background information on the request for an amendment to the original Shreiner Sawmill Special Review, File # 01-Z1406, to add a 7200 foot square foot building to the site for storage located at 4719 North Highway 287, La Porte, CO, which was south of the By Pass between Overland Trail and CR 54G.

 

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 Shreiner Sawmill Amended Special Review, file # 17-ZONE2140 , for the property described on “Exhibit B” 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 Amended Schreiner Sawmill Special Review file # 17-ZONE2140, 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 Amended Schreiner Sawmill Special Review file # 17-ZONE2140.

 

3.    Failure to comply with any conditions of the Special Review (Special Exception) 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.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

ITEM #3 PONDS FIELD CONSERVATION DEVELOPMENT #16-LAND3512:   Mr. Helmick provided background information on the request for a P reliminary Plat for a Conservation Development to subdivide 37 acres containing one existing home into five new single family lots of 2.8 acres and a residual lot of 23.78 acres, which was located on the north side of CR 2 between the CR 23 and CR 21, south of the Little Thompson River.

 

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 Ponds Field Conservation Development, file # 16-LAND3512 , for the property described on “Exhibit C” to the minutes, subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Ponds Field Conservation Development Preliminary Plat file#16-LAND3512 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 Ponds Field Conservation Development Preliminary Plat file#16-LAND3512.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements – The applicant shall install the one additional fire hydrant as requested by the Berthoud Fire District.

 

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   The Final Plat shall be revised to reflect the needed ROW and design changes noted in this report.

 

7.   The applicant shall execute a right of way encroachment agreement for the irrigation facilities existing in the additional dedicated ROW for CR 2.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

ITEM #4 POUDRE VALLEY REA LANDFILL SOLAR 1041 #17-ZONE2139:   Mr. Helmick provided background information on the request for a 1041 permit for the construction of a 1.5-3 MW solar power plant for PVREA at the Larimer County Landfill, which was west of Taft Hill Road and north of Trilby Road. 

 

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 Poudre Valley REA Landfill Solar 1041, file # 17-ZONE2139 , for the property described on “Exhibit D” to the minutes, subject to the following conditions:

 

 

 

 

 

 

 

 

1.    The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the Poudre Valley Rea Landfill Solar Facility 1041 Permit File # 17-ZONE2139 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 Poudre Valley Rea Landfill Solar Facility 1041 Permit File # 17-ZONE2139.

 

2.    Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.

 

3.    Site fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.

 

4.    Apply for and receive approval of a Site Plan Review Application for the site development prior to application for Development Construction and building permits.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at7:06 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.

 

 

_______________________________                      ______________________________

Scott Glick, Chairman                                                Mina Cox, Secretary

 

 

 

 

 

EXHIBIT A 

 

POR OF S 1/2 OF SE 1/4 34-4-69 DESC: BEG AT S 1/4 COR, S 88 40' E 60 FT TPOB, S 88 40' E 434.84 FT, N 43 30' E 1785.87 FT, N 88 37' 12" W 1626.68 FT, S 1 38' 10" W 1325.02 FT TPOB (C44S8840E); LESS RD ROW PER 2000009597

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

A tract of land situate in the Southwest ¼ of Section 17 and in the Northwest ¼ of Section 20, all in Township 8 North, Range 69 West of the 6th P.M. , Larimer County, Colorado, which considering the South line of the said Southwest ¼ as bearing North 89°28'32" East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears North 00°00' 12 " West 378 . 70 feet , and again North 89°28 ' 32 " East 402.83 feet from the Southwest comer of said Section 17 and run thence North 89°28'32" East 787 .12 fee t ; thence North 50°48 ' 11" East 927.67 feet to the Southerly right-of-way line of U.S. Highway No. 28 7; thence along said Southerly right-of-way line along the arc of a 2396.48 foot curve to the right a distance of 802 . 94 feet , the chord of which bears South 39°16'20" East 799.19 feet ; thence South 46°39'01 " West 1125.46 feet; thence South 89° 2 8'3 2" West 868 .7 6 feet ; thence North 32°23 ' 38 " West 159.62 feet ; thence North 04°22 ' 26" West 370 . 07 feet ; thence North 40°16 ' 26 " West 247 . 29 feet ; thence North 11 °07'53 " West 51 . 97 feet ; thence North 33°39 ' 31 " West 74 . 1 2 feet to the Point of Beginning.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

Lot 1, of the Amended Lot 1, Pond’s First Subdivision

Situated in the south half of Section 32, Township 4 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT D

 

Parcel 9609335901

 

LOT 1, LARIMER COUNTY LANDFILL MLD NO 02-S1939 (2002079143)

 

 

Parcel 9609000902

 

SE 9-6-69; LESS ROAD ROW PER 99063147