LARIMER COUNTY PLANNING COMMISSION

Minutes of June 17, 2015

 

The Larimer County Planning Commission met in a regular session on Wednesday, June 17, 2015, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Gerrard, Glick, Jensen, Miller and Zittti were present.  Commissioners Cox and Dougherty were absent.  Commissioner Wallace presided as Chairman.  Also present were Terry Gilbert, Community Development Division Director, Matt Lafferty, Principle Planner, Michael Whitley, Planner II, Clint Jones, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Brownstone Quarry 3rd Amended Special Review and Tucker Amended 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 MAY 20, 2015 MEETING:   MOTION by Commissioner Glick to approve the minutes, seconded by Commissioner Miller.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEM:

 

ITEM #1  BROWNSTONE QUARRY 3RD AMENDED SPECIAL REVIEW  #15-Z1965:   Mr. Whitley provided background information on the request for a Special Review for the expansion of a previously approved sandstone mining operation onto 4.4 acres of an adjacent 13.87 acre parcel located at 5240 W. County Road 56, LaPorte; located north of County Road 56 and east of Highway 287, approximately 0.5 miles southeast of Ted’s Place.

 

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 Brownstone Quarry 3rd Amended Special Review, file #15-Z1965, 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 Brownstone Quarry Third Amended Special Review, #15-Z1965 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 Brownstone Quarry Second Amended Special Review.

 

3.   The hours of operation for mining activity shall be 7:30 am to 5:00 pm, Monday through Saturday.

 

4.   There shall be no blasting at any time.

 

5.   When possible, the reclamation shall be accomplished in a phased manner, concurrent with the mining operation.

 

6.   Should the mining activity still be active January 1, 2037, the Board of County Commissioners shall review and update the conditions approved for this Special Review.  The Board of County Commissioners review may include additions, deletions, and modifications of the conditions as necessary to protect the health, safety and welfare of the citizens of Larimer County.  This review shall be completed in 25 year intervals thereafter.  The quarry operator shall submit the following information by July 1 of the year that the review is to be completed:

 

a.   A current site plan of the quarry. The site plan should be similar to those submitted as a part of the Special Review application. The site plan should clearly show:

·  The property boundaries;

·  The location of permanent identification posts on the perimeter of the quarry area;

·  Current approved mining boundaries;

·  Current and old mining areas, with acreage;

·  Storage and loading areas;

·  Processing areas and any structures or improvements on the property.

 

b.   A narrative that describes the current operation and any reclamation efforts that have been completed.

 

7.   Materials shall not be removed from the top of the hogback.

 

8.   No material will be sold on-site.

 

9.   Heavy equipment maintenance, including oil changes, shall be done off-site.

 

10.   The mining operation shall comply with the Larimer County Noise Ordinance. 

 

11.   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.

 

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

 

13.   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.

 

14.   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.

 

15.   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 Gerrard seconded the Motion.

 

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

 

MOTION PASSED:  7-0

 

ITEM #2  TUCKER AMENDED SPECIAL REVIEW  #14-Z1943:  Mr. Lafferty provided background information on the request for an amendment to the Tucker Special Review (#7-75) to allow an existing residential accessory building on the property to be used as storage for commercial uses with the additional request that three additional buildings also be allowed for the same purpose, on the property situated on the east side of the I-25 Frontage Road, approximately ½ mile south of the County Road 70 and I-25 intersection.  The request also included an appeal to Section 8.6.3.c of the Land Use Code to not be required to pave the parking and access drives for the expanded use.  Mr. Lafferty noted that in Section 8.1.4 Fire Protection of the staff report, Staff stated that they had not received comments from the Wellington Fire Department.  He stated that the applicant had received correspondence from the Wellington Fire Department, and they were recommending approval.

 

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 Tucker Amended Special Review, file #14-Z1943, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

 

 

A.   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.

 

B.   The Site shall be developed consistent with the approved plan and with the information contained in the Tucker Amended Special Review (file # 14-Z1943) 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 Tucker Amended Special Review (file # 14-Z1943).

 

C.   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

 

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

 

E.   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.

 

F.   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.

 

G.   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.

 

H.   The applicant shall complete the required County Engineering Department Drainage Agreement by August 3, 2015.

 

Commissioner Gerrard seconded the Motion.

 

Commissioners’ Christman, Gerrard, Glick, Jensen, Miller, Zitti and Chairman Wallace 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 parking lot and access paving appeal (Section 8.6.3.c of the Larimer County Land Use Code) for the Tucker Amended Special Review, file #14-Z1943, for the property described on “Exhibit A” to the minutes, subject to the following condition:

 

A.   The applicant shall, by September 30, 2015, construct a 50 foot long paved apron at the entrance to the site. 

 

Commissioner Gerrard seconded the Motion.

 

Commissioners’ Christman, Gerrard, Glick, Jensen, Miller, Zitti and Chairman Wallace 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 6:44 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 

 

.

 

A tract of land situate in the Northeast 1/4 of Section 24, Township 8 North, Range 70 West of the .M ., County of Larimer, State of Colorado, which, considering the North line of the Northwest 1/4 o f the Northeast 1/4 of said Section 24 as bearing N89°25'15"E and with all bearings

contain ed herein relative thereto, is contained within the boundary lines which begins at a point on said N orth line which bears N89°25'15"E 154.16 feet from the North 1/4 Corner of said Section 24, and ru n thence along said North line, N89°25'15"E 241.48 feet, thence departing said North line, S25° 50'49"E 765.34 feet; thence N64°09'13"E 49.16 feet; thence S27°37'51"E 169.58 feet; thence N21°01 '19"E 91.74 feet; thence N00°38'41"W 132.88 feet; thence N15°11'08"W 249.53 feet; thence N82°00’14"E 482.96 feet; thence along the arc of a 711.88 foot radius curve concave to the East a distance of 326.22 feet, whose central angle is 26°15'20", the long chord of which bears S01° 50'30"W 323.37 feet; thence S11°17'11"E 126.83 feet,' thence along the arc of a 679.06 foot radius curve concave to the West a distance of 64.06 feet, whose central angle is 05°24'19", the long chord of which bears S08°35'02"E 64.04 feet; thence S05°52'53"E 14.06 feet; thence along the arc of a 602.35 foot radius curve concave to the East a distance of 155.06 feet, whose central angle is 14°44'57", the long chord of whic h bea rs S13°15'22"E 154.63 feet; thence S20°37'50"E 79.35 feet; thence along the arc of a 210.99 foot radius curve concave to the West a distance of 50.81 feet, whose central angle is 13°47' 55 ", the long chord of which bears S13°43'54"E 50.69 feet; thence S06°49'57"E 133.86 feet; thence along the arc of a 64.01 foot radius curve concave to the North a distance of 112.00 feet, whose ce ntral angle is 100°15'09", the long chord of which bears S56 ° 5 7 '39"E 98.25 feet; thence N72°54'3 9”E 40.75 feet; thence along the arc of a 216.35 foot radius curve concave to the South a dist ance of 16 9.40 feet, whose central angle is 44°51'36", the long c h ord of which bears S84°39'33"E  1 65.1 0 feet ; thence S62°13'45"E 59.55 feet to a point on the So uth line of the Northeast 1/4 of the Northwest 1/4 of said Section 24; thence along said South li ne, S89°14'23"W 412.49 feet to the Northwest 1/16 Corner of said Section 24; thence along the South line of the Northwest 1/4 o f the Northwest 1/4 of said Section 24, S89°12'25"W 140.00 feet; thence departing said South line . N40 °1 3"28W 1196.40 feet; thence N40°13'28"W 72.00 feet; thence N36°12'55"W 341.78 feet; thence N 53 °47 ’04”E 21.00 feet; thence N36°12'55"E 69.36 feet to the po int of beginning, containing 12 . 61 91 acres, m or e or less, and being subject to all easements, rights -of-way and restrictions whi ch are existing or are of record.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

BEG AT PT ON N LN SW 1/4 WH BEARS E 2231.37 FT FROM W 1/4 COR 15-9-68, E 728.43 FT, S 2 25' W 1035 FT, S 40 15' W 385 FT, W 478.72 FT, N 1 50' 29" E 1328.61 FT ALG E LN HWY 25 TPOB CONT 21.2054 AC M/L (NC49N90W)