LARIMER COUNTY PLANNING COMMISSION

Minutes of July 15, 2015

 

The Larimer County Planning Commission met in a regular session on Wednesday, July 15, 2015, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Gerrard, Glick, Jensen, Miller and Zittti were present.  Commissioner Dougherty was absent.  Commissioner Wallace presided as Chairman.  Also present were Terry Gilbert, Community Development Division Director, Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Karin Madson, Planner II, Savanah Benedick, Planner II, 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 Horsetooth Facility Location and Extent, Chilson 2nd Amended Rezoning, Gomez Rezoning, Gallegos Sanitation Rezoning, and Moreng Subdivision.

 

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 JUNE 17, 2015 MEETING:   MOTION by Commissioner  Cox to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Commissioner Wallace stated that the Election of Officials would be moved to the end of the agenda.

John Chilson, asked to speak about mineral interests regarding Item #4 Chilson 2nd Amended Rezoning.  Commissioner Wallace stated that the item would be moved to the end of the agenda.

 

CONSENT ITEMS:

 

ITEM #1  HORSETOOTH FACILITY LOCATION & EXTENT  #15-Z1981:   Ms. Benedick provided background information on the request for Location and Extent review by the Larimer County Department of Natural Resources to build a new administrative facility adjacent to Horsetooth Reservoir located at 4200 W. County Road 38E, Fort Collins.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Horsetooth Facility Location & Extent, file #15-Z1981, subject to the following condition:

 

1.   Prior to obtaining a building permit, the Larimer County Natural Resources Department must submit an application to the Planning Department for Site Plan Review for review and approval.

 

Commissioner Glick seconded the Motion.

 

 

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

 

MOTION PASSED:  8-0

 

 

ITEM #2  BIG ELK MEADOWS WATER SYSTEM LOCATION & EXTENT #15-Z1978:  Mr. Helmick provided background information on the request for a Location and Extent Review for a new connecting water line, a new 51,000-gallon water tank to replace an existing water tank, and new water lines to replace lines damaged in the 2013 flooding, which would be located at Big Elk Meadows along Big Elk Meadows Road approximately 3.7 miles southwest of Hwy 36.   

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Big Elk Meadows Water Location & Extent, file #15-Z1978, subject to the following conditions:

 

1.   Follow the Larimer County Best Management Practices for pipeline construction; this shall include plans for revegetation of disturbed areas.

 

2.   The applicant shall coordinate all bores/crossings of the local and county roads affected by the route and obtain all necessary permits and permissions. 

 

3.   The applicant shall obtain all necessary and required municipal, State and Federal permits for the construction of the pipeline.  This includes any floodplain or other permits.

 

4.   The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval.  Significant alterations to the route shall be evaluated by the County prior to commencing activity, and may be subject to further review.

 

5.   The construction of the water tank  and interconnections shall require a Site Plan Review approval

 

Commissioner Glick seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

 

 

 

 

 

ITEM #3  RAWHIDE SOLAR AMENDED 1041  #15-Z1979:  Mr. Helmick provided background information on the request for an amended 1041 permit for the construction of a new solar power plant at the Platte River Power Authority Rawhide power generating facility.  He noted that the Platte River Power Authority received approval for an Activity of State Interest at the Rawhide Power Generating Station in December of 2014, which was for installing photovoltaic solar panels on approximately 185 acres.  The number and type of panels at that time were not specified but the approval was for a facility that would generate up to 30 MW of electrical power.  That site is a part of the overall Rawhide Power Generating station, which currently includes a 250MW coal fired power plant and gas turbine generators.  The power produced at the site will be integrated into the electrical system operations at the existing substation switchyard at the power plant site.  This proposal does not change the premise of 30 MW but does, based on further engineering analysis, revise the location of the panels to be installed and defines a larger envelop of up to 268 acres, in which the panels on the 185 acres might be located.  Mr. Helmick mentioned that since the orientation of the layout was changing a concern from neighbors arose regarding visibility and screening.  Mr. Helmick suggested adding Condition of Approval #5, which would state, ‘The applicant shall work to develop a screening plan with the neighbors prior to the Board of County Commissioners hearing.’

 

Commissioner Glick wondered if landscape maintenance and care would be addressed with the screening plan.

 

Mr. Helmick replied yes.

 

Commissioner Wallace asked about the mineral interest issue that arose during the first 1041 proposal.

 

Mr. Helmick explained that the County Attorney determined that the issue was not within the perview of the County Commissioners.

 

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 Rawhide Solar Amended 1041, file #15-Z1979, subject to the following conditions and added Condition #5:

 

1.   The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the RAWHIDE SOLAR POWER PLANT 1041 PERMIT AMENDMENT File # 15-Z1979 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 RAWHIDE SOLAR POWER PLANT 1041 PERMIT AMENDMENT File # 15-Z1979.

 

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

 

 

 

3.   On site construction, activities will follow the recommendations of the consultant with respect to any cultural resources identified during construction. 

 

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

 

5.   The applicant shall work to develop a screening plan with the neighbors prior to the Board of County Commissioners hearing.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

ITEM #5  GALLEGOS RECYCLING SPECIAL REVIEW  #15-Z1976:  Mr. Whitley provided background information on the request for Special Review for recycling facility (General Industrial use) within an existing commercial building in the I – Industrial Zoning District located at 1941 Heath Parkway, Fort Collins; located southeast of the intersection of Heath Parkway and Airpark Drive.

 

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 Gallegos Recycling Special Review, file #15-Z1975, 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 the Gallegos Recycling Special Review, File #15-Z1976 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 Gallegos Recycling 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 Glick seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

ITEM #6  GOMEZ REZONING  #15-Z1975:  Ms. Madson provided background information on the request for Rezoning of one lot (southern lot) with R-Residential Zoning to PD-Planned Development zoning based on the uses allowed in the C-Commercial zoning district.  The property is located on the south side of Highway 34 at 3508 W. Eisenhower.  She noted that the property was currently being used commercially, however, without County review or approval.  Approval of the rezoning will be a step toward resolution of this issue.

 

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 Gomez Rezoning, file #14-Z1975, for the property described on “Exhibit C” to the minutes, subject to the following conditions:

 

1.   The applicant shall submit a complete Boundary Line Adjustment application for the property affected by this rezoning no later than 180 days after Board of County Commissioners approval.  The property line between the lots shall be modified to reflect the legal description in the rezoning request. The rezoning to PD-Planned Development shall not be effective until the Boundary Line Adjustment plat is recorded.

 

2.   Within 60 days of approval the applicant shall provide Community Development staff with an executed and notarized Annexation Agreement to the City of Loveland, Colorado.

 

3.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Gomez Planned Development shall be as follows:

 

A. Principal uses:

Commercial

1.   Automobile service station (SP)

2.   Bar/tavern(SP/MS)

3.   Carwash (SP)

4.   Clinic (SP)

5.   Convenience store (SP)

6.   Flea market (SP/ S)—See section 4.3.3

7.   General commercial (SP)

8.   General retail (SP/S)—See section 4.3.3

9.   Instructional facility (SP)

10.   Outdoor display/sales (SP)

11.   Personal service (SP)

12.   Professional office (SP)

13.   Restaurant (SP/MS)—See section 4.3.3

Institutional

14.   Church (SP/S)

15.   Community Hall (SP/S)

16.   Crematorium (S)

17.   Funeral Home (SP)

18.   Health services (SP)

19.   Hospital (SP)

20.   Rehabilitation facility (SP)

21.   School, nonpublic (S)

Recreational

22.   Membership club/clubhouse (SP)

23.   Place of amusement or recreation (SP/S)—See section 4.3.5

24.   Shooting range (SP/S)—See section 4.3.5

Accommodation

25.   Hotel/motel (SP)

Industrial

26.   Enclosed storage (SP)

27.   Light industrial (SP)

28.   Outdoor storage (SP/MS)

29.   Small solar facility (R/PSP)

30.   Trade use (SP)—See section 4.3.7 Utilities

31.   Commercial mobile radio service (SP/S)—See section 16

32.   Radio and television transmitters (S)

Transportation

33.   Parking lot/garage (SP)

34.   Transportation service (SP)

 

B. Lot, building and structure requirements:

1. Minimum lot size:

a. 100,000 square feet (2.3 acres) if a well or septic system is used.

b. 15,000 square feet (0.34 acre) if public water and sewer are used.

2. Minimum required setbacks: (If more than one setback applies, the greater setback is required).

a. Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

b. Side yards—Ten feet.

c. Rear yards—20 feet.

d. Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

 

3. Maximum structure height—40 feet.

 

4. A parcel may be used for one or more principal buildings and accessory buildings.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

ITEM #7  MORENG SUBDIVISION  #15-S3306:  Mr. Lafferty provided background information on the request for a preliminary plat for a subdivision to create 2 lots on a 17.48 acre property, which was located on the southwest corner of the intersection of County Roads 60 and 15.

 

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 Moreng Subdivision, file #15-S3306, for the property described on “Exhibit D” 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 Moreng Subdivision, File # 15-S3306, 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 Moreng Subdivision, File # 15-S3306.

 

 

 

 

 

 

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

 

3.   Unless a fire hydrant is installed within 400 feet of a new residence on Lot 2, Fire sprinkler suppression systems shall be required for the residential use structures.

 

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.

 

Commissioner Zitti seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

Commissioner Glick recused himself from the next item.

 

ITEM #4  CHILSON 2ND AMENDED REZONING #15-Z1973:  Mr. Whitley provided background information on the request for an amended Rezoning to remove conditions of approval from an established C – Commercial zoning district.  The proposal location is at 6503 E. Highway 60, Loveland, located northwest of the intersection of  I-25 and Highway 60, and was to remove the conditions of approval which would allow the property to be used for the full range of uses permitted in the C – Commercial zoning district, subject to the applicable review process.   The property was rezoned from FA - Farming to C – Commercial in 1985.  The conditions placed on the zoning were:  a) Development and use of the site must be consistent with the plans as submitted and approved by the County; and b) Prior to operation, the applicant must provide written evidence that all reasonable concerns of the Harry Lateral Ditch Company have been addressed.

The plan approved by the County was limited to outdoor display and sales of farm implements and equipment.  In 2005, the Board of County Commissioners approved the Chilson Amended Rezoning  which limited the allowed uses on the property to “outdoor display and sales of RV’s, boats, cars and other similar vehicles.”

 

PUBLIC TESTIMONY:

Jerry Lee, applicant, stated that he purchased the property in 2005 in which the contract stated that he would be purchasing the surface rights along with all of the mineral rights.

 

John Chilson, previous owner of property, stated that he was not opposing the application and explained that he was the one that initially changed the zoning to Commercial.  He stated that he (Ransom Farms LLP) owned and leased the mineral rights on the property and stated that one day there may be a need for an oil well on the property.  He reiterated that the property surface rights were sold but he still retained the mineral rights.

 

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 Chilson 2nd Amended Rezoning, file #15-Z1973, for the property described on “Exhibit A” to the minutes.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  7-0

 

ELECTION OF OFFICIALS:

Commissioner Miller nominated Commissioner Jensen for Chairman.  Commissioner Zitti nominated Commissioner Dougherty for Chairman.

Commissioner Jensen stated that he would volunteer to be Vice-Chairman and allow Commissioner Dougherty to be Chairman.  Chairman Wallace moved to close the Nominations and to cast a unanimous ballet electing Commissioner Jensen as Vice-Chairman and Commissioner Dougherty as Chairman.  MOTION PASSED.

 

Chairman Wallace noted that Commissioner Dougherty was absent; therefore, if he decided that he would not like to be Chairman then Commissioner Jensen would become Chairman and Commissioner Doughtery would be Vice-Chairman.

 

Commissioner Zitti nominated Commissioner Cox for Secretary.  Chairman Wallace moved to close the Nominations and to cast a unanimous ballet electing Commissioner Cox as Secretary.  MOTION PASSED.

 

 

 

 

 

 

 

 

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:32 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  

 

.

All that portion of the South one-half of the Southwest Quarter of Section 35, Township 5 North, Range 68 West of the 6 1h P.M. , Larimer County, Colorado, more particularly described as follows:

 

Considering the West line of said Southwest Quarter as bearing North 00°00'00" East and with all bearings

contained herein relative thereto.

 

Beginning at the Southwest comer of said Section 35; thence along said West line of said Southwest Quarter

North 00°00'00" East 1316.43 feet to the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 35; thence along the North line of said Southwest Quarter of the Southwest Quarter South 89°55'25" East 390.66 feet to intersect the Westerly right-of-way of Interstate Highway No. 25; thence along said Westerly right-of-way South 05°51 '41" East 731.39 feet to intersect the centerline of the Home Supply Irrigation Ditch; thence along said centerline North 89°13'30" West 292.37 feet; thence South 02 ° 25'30" East 593.00 feet to intersect the South line of said Southwest Quarter of Section 35; thence along said South line North 89°57'00" West 198.10 feet to the point of beginning,

County of Larimer, State of Colorado.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

LOT 1, BLOCK 1, FORT COLLINS INDUSTRIAL PARK FIRST FIL, AMD LOTS 25 THROUGH 29 (2002057086)

AND

LOT 24, FORT COLLINS INDUSTRIAL PARK FIRST

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

POR OF NW 1/4 16-5-69 DESC AS BEG AT NE COR OF NW 1/4, TH ALG N LN W 250 FT TPOB, TH ALG N LN W 174 FT, S 565.79 FT M/L TO SRLY LN OF PAR DESC IN 1038-81, TH ALG SD SRLY LN N 81 50' E 175.78 FT TO LN WH BEARS N & PASSES THRU TPOB, TH ALG SD LN N 540.82 FT M/L TPOB; LESS HWY AS IN 1463-285; ALSO PAR IN NW 1/4 16-5-69, BEG AT NE COR OF NW 1/4, W 250 FT, S 540.82 FT TO PT ON NRLY R/W LN OF C & S RR & TPOB, S 81 50' W 175.78 FT, S 8 10' E 100 FT, N 81 50' E 175.78 FT, N 8 10' W 100 FT TPOB

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT D

 

PAR A, MORENG MRD S-54-88 AKA COM W 1/4 COR 12-8-69, N 1 46' 7" W 69.29 FT, N 88 43' 38" E 1485.57 FT, N 6 43' 45" E 1876.54 FT TPOB, N 87 32' W 526.48 FT, S 18 32' 54" W 51.92 FT, S 54 4' 12" W 70.29 FT, S 81 2' 11" W 92.12 FT, S 69 51' 7" W 116.06 FT, N 54 2' W 457.82 FT, N 456.29 FT, N 88 9' E 1246.46 FT, S 6 43' 45" W 647.73 FT TPOB CONT 17.495 AC M/L