LARIMER COUNTY PLANNING COMMISSION
Minutes of May 08, 2013
The Larimer County Planning Commission met in a rescheduled session on Wednesday, May 08, 2013, at 6:30 p.m. in the Hearing Room due to the April 17, 2013 hearing being canceled due to the weather. Commissioners’ Cox, Dougherty, Jensen, Miller, Wallace, and Zitti were present. Commissioners Bohling and Gerrard were absent. Commissioner Glick presided as Chairman. Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Karin Madson, Planner II, Samantha Mott, Planner II, Terry Gilbert, Planning and Building Services Director, Clint Jones, Engineering Department, and Jill Wilson, Recording Secretary.
There was not a field trip to the sites.
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 16, 2013 MEETING: MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
None.
CONSENT ITEMS:
ITEM #1 CSU PINGREE PARK CABINS LOCATION AND EXTENT #13-Z1909: Mr. Helmick provided background information on the request for new and replacement cabins (16) at the CSU Pingree Park campus.
DISCUSSION:
Commissioner Wallace asked if building permits would be required?
Mr. Helmick replied no but CSU would need to contact the Health Department regarding septic systems.
Commissioner Cox moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission approve the CSU Pingree Park Cabins Location and Extent, file #13-Z1909.
Commissioner Wallace seconded the Motion.
Commissioners’ Cox, Dougherty, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 7-0
ITEM #2 AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #13-CA0129: Ms. Madson provided background information on the request to make changes to High Park Rebuilding Program , sections 4.1.G (temporary emergency housing), 4.2.D. (temporary emergency accessory structures) and add a section 4.6.D. (setback certification)
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 the Amendments to the Larimer County Land Use Code, file #13-CA0130 as follows:
1 . Modify Section 4.1.G. as follows:
G. A building permit is required for a temporary emergency housing unit, except for Recreational Vehicles (RV) or Membrane Structures used for 180 days or less in a calendar year. A building permit is required for Recreational Vehicles (RV) or Membrane Structures used for more than 180 days. The structure must comply with all applicable building, fire, electrical mechanical and related codes.
2 . Modify Section 4.2.D. as follows:
D. A building permit is required for temporary emergency accessory structures except for Recreational Vehicles (RV) or Membrane Structures used for 180 days or less in a calendar year. A building permit is required for Recreational Vehicles (RV) or Membrane Structures used for more than 180 days. The structure must be in compliance with all applicable building, fire, electrical, mechanical and related codes.
3. Add a Section 4.6.D. as follows:
D. The Planning Director may waive the setback certification requirement for structures within the High Park Fire Rebuilding Program.
Commissioner Zitti seconded the Motion.
Commissioners’ Cox, Dougherty, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 7-0
ITEM #3 AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #13-CA0130: Ms. Madson provided background information on the request to make housekeeping changes to Land Use Code, sections 18.2.1.D.3. (manufactured home), 18.3.5.E. (recreational vehicle parks), 5.3.2.F., 5.3.7.G.1. (conservation development) , table 12.3.1. (notice of public hearing), 8.6.1. (private local access road), 4.3.1.G. (equestrian operation) and 5.8.6.D.3.e.4. (rural land use process).
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 the Amendments to the Larimer County Land Use Code, file #13-CA0129 as follows:
1. Amend section 18.2.1.D.3. as follows:
Manufactured homes may be used to provide temporary housing for up to 18
months during construction of a principal building. The building permit to
place the manufactured home must be issued at the same time as the building
permit for the principal building (See section 4.3.9.D).
2. Amend section 5.3.2.F. as follows:
All residual land must be maintained and remain undeveloped in perpetuity
in accordance with appropriate use plan for residual land and/or common area as
provided in
section 8.10 8.14.1.6. of this code, except in cooperative
planning areas (CPAs) where a conservation development may be an interim
development while waiting for full development at urban densities in a GMA
district.
3. Amend section 5.3.7.G.1. as follows:
The color, materials, size, height and lighting of entry features, signs
and related structures must be compatible with the proposed development and the
maintenance of views of the natural landscape, public parks and open space.
Standards for signs are found in section 8.7 10 (signs)
of this code.
4. Change a portion of the table 12.3.1. as follows (under planning commission):
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Planning Commission |
Published Notice** |
APO Notice** |
Sign Posted** |
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Special Review |
14 days |
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5. Amend section 18.3.5.E. as follows:
The storage of unoccupied recreational vehicles as an accessory use to a
single family dwelling is addressed in
section 4.3.10.F.
The storage of recreational vehicles as a business requires
property that is zoned C-commercial, I-industrial or I-1 heavy
industrial and requires approval through the site plan review or minor
special review special review process as provided in section
4.3.7.H (outdoor storage).
6. Amend section 8.6.1. (applicability of private local access road standards) as follows:
This section applies to all applications for subdivision, conservation development, planned land division, minor land division, minor special review, special review, special exception and, public site plan review and site plan review.
7. Amend a portion of the table in section 4.3.1.G. as follows:
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**Total Points |
Use allowed as follows: |
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Accessory Horse Keeping- Some equestrian uses may be Accessory
Horse Keeping and are not considered to be Equestrian Operations in this
chart. Please see Section 4.3.10. |
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8. Amend section 5.8.6.D.3.e.4. as follows:
4) Road name signs and traffic
control devices. All road name signs and traffic control devices must conform
to the standards listed in
Chapter 10, Article VII, Sec. 10-175 of
the Code of Larimer County Road Naming and Site Addressing System
in Chapter 4.10
and standard drawings 8, 9, and 10 of the rural area road standards.
A. General. This section describes
general signing design requirements for use in unincorporated Larimer County.
All design and construction of signing shall be in conformance with this
section and the current requirements of the Manual on Uniform Traffic Control
Devices (MUTCD). If there are discrepancies between these standards and the
MUTCD, the MUTCD will take precedence. For the purposes of this section,
'roads' and 'streets' mean the same thing.
B. Traffic signing.
1) Type and location of signs. The
county engineer shall make the final determination regarding the type and
location of signage controls within the right-of-way or access easement. These
controls shall include traffic control signs, road name signs, delineators, and
permanent barricades.
2) New roadway. Permanent signage,
unless otherwise approved by the county engineer, shall be completely in place
before any new road or access easement is opened for use.
3) Sign posts, supports, and
mountings. Sign posts and their foundations and sign mountings shall be
constructed to hold signs in a proper and permanent position, to resist swaying
in the wind or displacement by vandalism.
Sign post. The post shall be
constructed in two sections:
Anchor sleeve.
A two-inch 12-gauge galvanized steel square stub section with
holes, three feet long, is driven into the ground 30 to 33 inches with three to
six inches remaining above the final grade. The sign post system's material
specification is Telspar
22F12A 03PG, or approved equal, two-inch × three feet anchor post with
holes.
Post section.
A 1 ¾ - inch square galvanized steel post section with holes is
inserted into the stub and bolted. The material specification is Telspar
20F12P-10PG, or approved equal, 1 ¾-inch square 12-gauge ten-foot post with
holes. Posts shall be installed six to eight inches into the anchor (stub),
which has three to six inches sticking out above the final grade.
Post bolts. Two 2-½-inch long,
⅜-inch hex head bolts are used to attach sign posts to sign anchor
(stubs). These bolts shall be separated by one predrilled hole space and
installed 90 degrees to one another.
Sign bolts. Signs are mounted to the
post with a minimum of two bolts (5/16-inch with nylon and metal washers) or
standard rivets (TL3806 EG, drive rivet) with nylon washers placed against the
sign face. The bolt or rivet system is used to fasten signs to the square tube
post.
Other sign mounts. Streetlights and
approved utility poles, when located appropriately, may be used for signs such
as warning, parking, and speed limit signs. Streetlight locations should be
checked for potential sign installation during the design process and shown on
the sign plan sheets.
Breakaway post system. Posts must be
of appropriate length to comply with MUTCD specifications for the location,
must conform to CDOT Specification Section 614, and must meet the Federal
breakaway standards.
4. Sign reflectivity. All traffic
control signs must be fabricated with reflective materials. All reflective
materials must meet the requirements of the current requirements of the MUTCD.
All signs or traffic control devices must have a seven-year materials warranty.
5. Panel gauge. Aluminum blanks of
.080 gauge are standard, except for signs larger than 36 × 36 inches, which
shall be .100 or .125 gauge aluminum.
C. Intersections
1. Street name sign
General. All road name signs must
conform to these standards, See Exhibits (Same as Plate 29 and 30 added to the
Road Manual). If the intersection has a traffic signal, road name signs will be
designated as part of the signal.
Sign assembly. All plates shall be
installed with end bolts on all plates. There shall be two plates for each
road, with a minimum of four plates per road sign assembly. For non-county
maintained roads intersecting with numbered county roads, the only sign panels
will be for the private road. There will not be any sign panels for the county
road.
Sign face.
Letter size. Refer to the following
table and Exhibits (Plate 29 and 30) same as added to the Road Manual) for
letter size specifications.
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* The minimum letter height for the
"PRIVATE" designation is 1.5 inches
Plate 29
Plate 30
Color.
For all public and private roadways, including access easements,
letters and numbers are to be white on a green background face. For all private
roads, the word "PRIVATE" shall be included on the sign as shown on
Exhibits (Plate 29 and 30 added to the Road Manual). The colors shall not fade
when exposed to an accelerated test of ultraviolet light equivalent to five
years of outdoor exposure. No silk screened signs are permitted.
Border.
There shall be no borders on road name signs.
Road name. Road name designations
shall be obtained from the approved plat for a land division or shall otherwise
be assigned by the county addressing coordinator.
Change of name. At the point where a
road changes names from one section to the next, the change should be
designated on the road name assembly by using directional arrows and will
require two additional plates.
No outlet signs. On any
cul-de-sac, temporary dead-end road, or any other roads with only one
access point a "No Outlet" (W14-2a) sign may
be placed under the road name signs.
Commissioner Dougherty seconded the Motion.
Commissioners’ Cox, Dougherty, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 7-0
ITEM #4 GREEN ACRES CANINE BOARDING SPECIAL REVIEW #12-Z1901 : Ms. Mott provided background information on the request for a pet animal facility located at 1205 Langston Lane, Loveland, which was approximately 600 feet south of Highway 34 on the west side of the road. The pet animal facility would not exceed 15 dogs at any one time, not including the owner’s personal dogs. The drop-offs and pick-ups would be by appointment only between the hours of 8am to 5pm Monday –Saturday and from 1pm to 5pm on Sundays. The applicant has indicated that because drop-offs and pick-ups are by appointment only there would be no more than 2-4 vehicles on the property at one time. In addition, the applicant proposed to have two, one-day only, canine adoptions events.
Commissioner Wallace asked what kind of sound proofing measurements would be put into place.
Ms. Mott noted Condition of Approval #5. She explained that a State license had to be obtained by the owner and those State standards would have to be met.
Commissioner Jensen asked for more information on the one-day events. He felt that there could be a significant impact on the surrounding property owners.
Ms. Mott explained what the events were proposed to be for.
Commissioner Cox asked about tying the Special Review approval to the owner and not the land. She was concerned that at the neighborhood meeting neighbors might have concluded that the approval would be tied to the owner not the land.
Ms. Mott replied that the Planning Staff was advised by the county attorney not to tie the Special Review to the owner.
Chairman Glick raised concerns regarding compatibility.
Ms. Mott explained that the applicant had revised her application from the Sketch Plan Review phase to the Public Hearing Phase based on Planning Staff and neighborhood comments and concerns.
Commissioner Wallace suggested that all of the conditions of approval were made available for the public to view.
Chairman Glick took the item off of the consent agenda and asked the applicant to speak regarding the proposed one-day events.
PUBLIC TESTIMONY:
Antoinette Stuart, applicant, stated that she worked with small rescue organizations. She stated that events would be limited, and she was willing to limit the number of dogs and hours of the events.
Commissioner Miller compared the events to a yard sale/garage sale and did not believe the events would create any more traffic.
Nancy Patterson, neighbor, stated that she was impressed with the notification of Larimer County. She also was impressed with the applicant as she has been a good neighbor and made improvements to her property. She was not concerned with the barking noises.
William Sloup, 1312 Westridge Drive, stated that the noise generated from the dogs would not be significant.
Dennis Sytsma, respected the applicant and felt that she was proposing a good operation.
DISCUSSION:
Commissioner Wallace 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 Green Acres Canine Boarding Special Review, file #12-Z1901, 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 Green Acres Canine Boarding Special Review, File #12-Z1901, 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 Green Acres Canine Boarding 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. The facility shall operate under the following conditions:
- Dogs must be boarded inside overnight in a facility that complies with the physical facility standards as outlined in Section 16 of the Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act from the Colorado Department of Agriculture, Animal Industry Division.
- Direct supervision is required when boarded dogs are in the outdoor play area (identified submitted site plan as number 27).
- No more than 7 boarded dogs are allowed in the outdoor play area at one time.
- The outdoor runs (identified on the site plan as numbers 5, 7, 8, 10, 11, and 13) may only be used when management is on-site.
e. No more than 15 dogs shall be boarded on the property at any one time.
f. Dog food must be stored indoors and the dogs shall not be fed outside.
g. The use shall be limited to boarding activities only.
h. Only two one-day only canine adoption events are allowed per year.
6. Transportation Capital Expansion Fees must be paid within 60 days of the Findings and Resolution being recorded.
7. The applicant shall provide evidence that an Outside City Water Service Agreement for this parcel has been provided to the City of Loveland prior to the Board of County of Commissioners’ Hearing.
8. The applicant shall comply with the Loveland Fire Rescue Authority requirements as outlined in the letter from Carie Dann dated March 4, 2013.
9. 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.
10. 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.
11. 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’ Cox, Dougherty, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 7-0
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings.
ADJOURNMENT: There being no further business, the hearing adjourned at 7:36 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 Nancy Wallace, Secretary
EXHIBIT A
BEG AT N 1/4 COR 17-5-69, TH ALG N LN W 469 FT, TH S 31E 416.41 FT
TPOB, TH N 31 W 137.93 FT M/L TO SRLY ROW HWY 34, TH ALG SD ROW N
79 W 244.96 FT, S 344 FT, N 79 W 225 FT, S 140 FT, N 79 W 237.94 FT, S
41 36' 15" E 440.72 FT M/L TO C/L OLD CO RD, TH N 41 45' E ALG SD OLD
C/L 269.98 FT, N 41 E 382.81 FT, N 48 9' W 16.62 FT, N 37 33' E 24.35 FT,
N 45 18' E 56.17 FT TPOB; EX 1653-239
EXHIBIT B
A tract of land located in Section 24, Township 8 North, Range 68 West of the 6th
Principal Meridian, County of Larimer, State of Colorado, being more particularly
described as follows:
BEGINNING at the South Quarter comer of Section 24 and considering the South line of
Section 24 as bearing South 89°55'59" West with all other bearings herein relative
thereto;
Thence along the North-South centerline of said Section, North 00°35'42" East, 1317.41
feet to the Center South 1116 corner; thence along the 1116 line, North 89°59'37" East,
135.00 feet; thence, North 05°53'03" West, 537.08 feet; thence, North 88°55'41" West,
1330.33 more or less to the high water line, as per Deed, Exhibit A, Reception No.
88010419, Larimer County Records; thence along said high water line the following
eight courses: South 04°05'17" West, 140.03 feet; thence, South 14°17'10" East, 393.06
feet; thence, South 05°17'48" East, 213.90 feet; thence, South 25°39'55" East, 199.72
feet; thence, South 22°51'11" East, 336.21 feet; thence, South 20°01'54" West, 390.42
feet; thence, South 18°16'01" East, 260.25 feet; thence, South 39°13'48" East 51.96 feet
more or less to the South line of said Section 24; thence along said Section line, North
89°55'59" East, 931.95 feet to the South Quarter comer of said Section 24 and the POINT
OF BEGINNING.
Containing 47.657 acres more or less.
