LARIMER COUNTY PLANNING COMMISSION

Minutes of June 15, 2016

 

The Larimer County Planning Commission met in a regular session on Wednesday, June 15, 2016, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Couch, Dougherty, Glick, Miller and Wallace were present.  Commissioners’ Cox and Gerrard were absent. Commissioner Jensen presided as Chairman.  Also present were Matt Lafferty, Principal Planner, Michael Whitley, Planner II, Clint Jones, Engineering Department, Doug Ryan, 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 MAY 18, 2016 MEETING:   MOTION by Commissioner Dougherty to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Item #3 Anderson Resort Cottages Special Review, file #16-Z2002, was withdrawn and removed from the agenda.

 

ITEM:

 

ITEM #1 CHENOWETH SPECIAL REVIEW/SPECIAL EXCEPTION #16-Z1999:   Mr. Whitley provided background information on the request for a Special Review to allow a Resort Lodge/Resort Cottage in the O – Open zoning district located at 13964 County Road 43, Drake; located south of County Road 43 approximately one mile west of the intersection of County Road 43 and Storm Mountain Drive.  The applicants were also requesting a Special Exception approval for a Bar and Restaurant in the O – Open zoning district along with an appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access.  Mr. Whitley explained that the Resort Lodge/Cottage was proposed to be located in the existing home.   If approved, the home could be rented by the night.  The proposal for the Bar and Restaurant included the renovation of the existing 800 square-foot barn and silo, the addition of a 580 square-foot deck and 600 square-foot atrium to the barn and a new kitchen facility either within an existing building or within a new building.  The request included the ability to provide live and non-live amplified music both indoors and outdoors and accessory retail sales of art, antiques, books, maps, bottled water, snacks and similar items.  He stated that year round operations were proposed with hours of operation limited to between the hours of 7 am and 10 pm, seven days a week.

 

 

 

 

 

 

 

 

 

Annemarie Chenoweth, applicant, provided background of the property.  She stated that 800 acres of 1300 acres were put into a conservation easement.  She explained that the progress of the proposal would go slowly and stated that she applied for all the foreseeable opportunities that might occur for the business so she did not have to come back for approval again.  She reiterated that not all proposed might occur.  She felt that having a small commercial operation might help the area and help the historic buildings.  She explained that she did not want a pave the parking area and access because she did not feel it fit within the environment, aesthetically and for her idea for the bistro.  She was not in favor of impermeable surfaces and stated keeping the natural character was important for the property. 

 

Commissioner Miller asked if the business would be seasonal.

 

Ms. Chenoweth replied yes, for the time being but did want the permission to be able to have it operational at a level that was feasible, economical and environmental.

 

PUBLIC TESTIMONY:

None

 

DISCUSSION:

Commissioner Wallace stated that the proposal and idea of a small business was nice.  She felt that it would be compatible with the surrounding area if the paving was not required. 

 

Commissioner Dougherty agreed.  He did not think that paving should be required.  He stated that he did not feel that the commission should recommend on the financial viability of the business.  He was in favor of the proposal.

 

Commissioner Jensen supported the proposal. 

 

Commissioner Wallace reviewed the review criteria for the proposal. 

 

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 Chenoweth Special Review, file #16-Z1999, 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 Chenoweth Special Review, File 16-Z1999 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 Chenoweth 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.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

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 Chenoweth Special Exception, file #16-Z1999, 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 Chenoweth Special Review, File 16-Z1999 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 Chenoweth Special Review.

 

 

 

 

3.   Failure to comply with any conditions of the 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, Couch, Dougherty, Glick, Miller, Wallace and Chairman Jensen voted in favor of the Motion.

 

MOTION PASSED:  7 -0

 

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 appeal to Section 8.6.3.C.1 of the Land Use Code regarding paving of the parking and access, file #16-Z1999, for the property described on “Exhibit A” to the minutes.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Christman, Couch, Dougherty, Glick, Miller, Wallace and Chairman Jensen 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 7:30 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, Chairman                                                 Mina Cox, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A 

 

All that part of SE ¼ of SE ¼ 32-6-71 lying S of County Road 43