LARIMER COUNTY PLANNING COMMISSION

 Minutes of July 18, 2018

The Larimer County Planning Commission met in a regular session on Wednesday, July 18, 2018, at 6:30 p.m. in the Hearing Room.  Commissioners’ Caraway, Choate, Gerrard, Jensen, Lucas, Miller and Wallace were present. Commissioner Dougherty presided as Chairman.  Commissioner Johnson was absent.  Also present were Todd Blomstrom, Public Works Director, Lesli Ellis, Community Development Director, Matt Lafferty, Principal Planner, Carol Kuhn, Principal planner, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Clint Jones, Engineering Department, Lea Schneider, Health Department, and Debby Johnson, Recording Secretary. 

 

The Planning Commission went on a site visit to Sky Corral Ranch 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 JUNE 20, 2018 MEETING:   MOTION by Commissioner Wallace to approve the minutes, seconded by Commissioner Gerrard. This received unanimous voice approval.

 

CONSENT ITEMS:

 

ITEM #1 XCEL ENERGY CAMPION & LAPORTE FIELD AREA NETWORK (FAN)TOWERS LOCATION & EXTENT – FILE #18-ZONE2384 & FILE #18-ZONE2385:  Mr. Lafferty provided background information on the request for a Location & Extent for a proposed 160-foot monopole for Xcel Energy to enhance their Field Area Network (FAN) in Campion, and a proposed 120-foot monopole for the same purpose in Laporte. Located at Campion Tower: Situated at the intersection of S County Road 15H and 42nd Street SW; located at 4200 S County Road 15H.  Laporte Tower: Situated in the right-of-way at the intersection of W County Road 56E and N Overland Trail.  4629 N Overland Trail is the closest adjacent property.

 

Commissioner Jensen 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 XCEL Energy Campion & Laporte Field Area Network Towers Location & Extent File #18-ZONE2384 & File #18-ZONE2385.

 

Commissioner Lucas seconded the Motion.

 

MOTION PASSED: 8-0

 

Chairman Dougherty asked Commissioner Gerrard about his comment on the Summit View Special Review.

 

Commissioner Gerrard stated that his name has been associated with the applicant and he wanted to make it known to the Commission that he has no financial gain or other ties to this application and would recuse himself if the Commission had concerns.

 

The Commissioners had no concerns.

 

ITEM #2 SUMMIT VIEW SPECIAL REVIEW FILE #17-ZONE2283:  Mr. Helmick provided background information on the request for a Special Review for a concrete Ready Mix plant in the I-Industrial zone district, Height Appeal Section 4.1.19.3.b for the material silos to allow 89 feet where 40 feet is allowed, an Appeal to Section 8.1.1.B.4 sewage disposal systems in the GMA &Appeal to section 8.6.3.C Paving of drives and parking area.  Located at 102 S. Summit View Fort Collins, East of Timberline Road at Donella Ct.

 

DISCUSSION:

 

Commissioner Jensen asked if Donella Court will be connected to Timberline.

 

Mr. Helmick replied that it is connected at the fire signal.

 

Commissioner Jensen asked when the connectivity will happen.

 

Mr. Helmick replied that the City of Fort Collins needs to deal with the right of way.

 

Commissioner Dougherty asked if it was a 33’ or 38’ dedication from the City of Fort Collins.

 

Mr. Helmick stated it was 33’.

 

Carolyn Whyte, Applicant Representative, provided a detailed presentation of the Summit View Special Review project.

 

Sean Keller, Applicant Engineer, discussed in detail the Traffic Analysis and Master Street Plan.

 

Carolyn Whyte discussed in detail the Sewer Appeal and Donella Ct. Appeal.

 

Commissioner Wallace asked if the hours of operation could be reduced for the recycle crusher and asked what the impact of the height limit would be if it was less than 89-feet.

 

Carolyn Whyte asked to correct a previous statement regarding the Moran Home.  She stated that this could remain a residential property but has not been decided as of right now. She also replied that they would be willing to reduce the hours of operation for the recycle crusher time from Monday – Friday 7 a.m. – 5 p.m. She also replied to the Height appeal question and she stated that Martin Marietta feels that they do need the full 89’.

 

PUBLIC TESTIMONY:

 

Dave Eisenbraun represents the Timbervine home subdivision and he stated that he was not notified of this application due to only a 1000-foot notification area and is concerned about the height, traffic and landscaping esthetics.

 

Molly Simpson stated that she was not notified of this application and is concerned about the extra traffic, health concerns, air pollution, noise and future developments.

 

Zach George stated that he has concerns about accidents at Lincoln and Timberline.

 

Joanna Doxey state that she was not notified and asked why the Zeigler plant lease isn’t being renewed and why the need to make a new plant.

 

Joe Vohland stated that he has concerns about traffic and esthetics.

 

Tom Haren stated that he supports the applicant, it will keep cost down.

 

James Addison stated that he is the owner of North Star Concrete and supports the applicant.

 

Commissioner Gerrard asked Mr. Addison to give an example of night work.

 

Mr. Addison replied CDOT work when there is less impact on the community and traffic.

 

Commissioner Jensen asked Mr. Addison about the frequency that night work happens.

 

Mr. Addison replied that it varies depending on the project.

 

Keith Lightfield stated that he supports the applicant and is a small General Contractor in Fort Collins and does use a lot of concrete from Martin Marietta.

 

Commissioner Lucas asked the life cycle of cement.

 

Mr. Lightfield replied that it does not give an exact time, but on-site inspectors may turn away the concrete if it does not meet their expectations.

 

Ms. Whyte replied to neighbor concerns.  She stated that they did not do a visual analysis from properties that were a ½ mile away.  She wanted to address the Noise/Air Pollution/Traffic concerns.  The noise analysis will meet the Larimer County standards.  The Air Quality permit was issued by the CDPHE and no permits will be issued if the analysis exceeds their standards. She stated that the traffic generated is less than 2% and is quite minimal.  She replied to the Zeigler plant closing and she stated that this was a business decision by the property owners.

 

Commissioner Jensen asked if Martin Marietta would be willing to do a noise study after operations commence.

 

Ms. Whyte replied yes and that it is a condition of approval.

 

Commissioner Choate asked Ms. Whyte if the noise analysis done was based on the Industrial property to the North or were the property boundaries done to the property boundary at the new subdivision.

 

Ms. Whyte replied that it was done in both places.

 

Commissioner Caraway asked Mr. Helmick about the notification district.

 

Mr. Helmick replied that it is typically 500 feet according to code, but we went 2000 feet and thought that was a generous distance to provide notice.

 

Mr. Lafferty replied that we do have the applicant post signage and a legal notice appears in the paper.

 

Commissioner Gerrard asked what kind of business is the Barker Operation.

 

Mr. Helmick replied that they have been a construction company since the 1960’s and they store large vehicles.

 

Commissioner Gerrard asked if we looked into any screening along Timberline.

 

Mr. Helmick replied no.  He stated that the actual screening requirement would show up at the site plan review and the applicant has offered to screen with a 6’ solid fence.

 

Commissioner Gerrard asked if the Eastbridge properties were notified.

 

Mr. Helmick replied we notify the owner of record on the Assessor records.

 

Commissioner Jensen asked why the City of Fort Collins did not support the height appeal.

 

Mr. Helmick replied that they did not supply any information on why they did not support the height appeal.

 

Commissioner Dougherty asked if there are any restrictions on using Summit View.

 

Mr. Lafferty replied that the long term plan at some point CDOT is working on access control and that Summit View will not be available.

 

Commissioner Wallace asked if that addresses the problem with Lincoln.

 

Mr. Lafferty replied that he is not sure if that will be shut down.

 

Ms. Whyte further discussed the agreement of the subject property to disclose to future purchasers that such operations may occur on this property

 

Commissioner Wallace 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 Summit View Special Review File #17-ZONE228, 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 Summit View Ready Mix Special Review File # 17-ZONE2283 except as modified by the conditions of approval or agreement of Larimer County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Summit View Ready Mix Special Review File # 17-ZONE2283.

 

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 Larimer County, Larimer 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 Larimer County’s election to use one shall not preclude use of another.  In the event Larimer 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 Larimer County including, but not limited to, reasonable attorney’s fees.

 

6.   Larimer 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.

 

8.   The applicant shall dedicate the 33-foot half width for ROW and a 9-foot utility easement for Donella on the south property line.

 

9.   The applicant shall provide final information with respect the Boxelder Sewer information.

 

10.   A pavement structure analysis as noted by the Engineering Department shall be performed by the applicant.  Inadequacies must be mitigated.

 

11.   Capital Transportation expansion fees must be paid at the time of building permit issuance.

 

12.   Site Plan Review is required.

 

13.   The materials, storage and delivery area access drives shall at a minimum be surfaced with recycled materials.

 

14.   No later than 30 days after the Summit View Ready Mix Concrete Plant becomes fully operational, the applicant shall conduct noise testing to verify noise levels at each boundary of the property.  If applicable noise limits are exceeded, the applicant shall implement additional controls in order to meet all required noise limits and shall conduct additional testing as necessary to demonstrate that such limits are not being exceeded.

 

15.   Offsite improvements that are identified through Site Plan Review shall be installed before site plan is approved.

 

16.   Concrete Recycle be limited to Monday – Friday 7:00 am to 5:00 pm.

 

17.   The Applicant will advise Community Development Division when operating outside of approved hours.

 

Commissioner Gerrard seconded the Motion.

 

MOTION PASSED: 8-0

 

Commissioner Caraway stated that he does not have any financial interest in the Sky Corral Ranch but is a volunteer.  He recused himself from this part of the meeting.

 

ITEM #3 SKY CORRAL RANCH SPECIAL REVIEW #14-Z1954:  Mr. Whitley provided background information on the request for a A) Special Review to allow for the expansion of an existing non-conforming Seasonal Camp (guest ranch) by adding outdoor recreational amenities, adding a Community Hall, Retreat and Church functions and to increase the capacity of the facility to 120 guests and staff; and B) An appeal to Section 8.1.4.G of the Land Use Code regarding fire protection. The Development Services Team would like to note that while the Board of County Commissioners can consider an appeal to Section 8.1.4.G of the Land Use Code regarding fire protection standards, there may be instances where the Building Code would require the installation of fire sprinkler systems in buildings independent of the Land Use Code requirement.  In those instances, the applicant will have to submit a code modification request to the Building Department.  Located at 8233 Old Flowers Road, Bellvue; located approximately 2.5 miles west of the intersection of Stove Prairie Road and Old Flowers Road.

 

DISCUSSION:

 

Commissioner Jensen is concerned about fires in Larimer County and asked how is the fire going to be contained.

 

Mr. Whitley replied that the applicant is here and would be happy to answer those questions.

 

Mr. Lafferty stated that the Weld Fire Safety Coordinator would be a good person to answer these questions.

 

Commissioner Choate asked if they have a way to seek the waiver for sprinkler systems through the Building Permit process.

 

Mr. Whitley replied yes.

 

Applicant Angie Milewski introduced Paul Hartar, Chairman of the Board and he will be speaking about the Master Plan.

 

Paul Hartar, Chairman of The Board, presented a Master Plan for the Sky Corral Ranch.

 

Ms. Milewski discussed the project and Master Plan for the Sky Corral Ranch.

 

Commissioner Miller asked if there would be alcohol at these functions.

 

Paul Harter replied that the board has discussed this and asked that requests for alcohol be presented to the Board for review.

 

PUBLIC TESTIMONY:

 

Vivian Steadman stated her concerns about road traffic on Old Flowers Rd and how it is maintained.  She is also concerned about the Master Plan for a Community Ranch in Northern Colorado and her concern about her working ranch.

 

Richard Vannorsdel stated his concerns about the number of activities in the Master Plan and how it will change the environment.

 

Carol Vannorsdel stated her concerns that they don’t have enough staff, medical team and concerned about maintaining road conditions.

 

Karen John stated her concerns about noise levels and her animals being fed and approached incorrectly.

 

Gilbert John stated his concerns with safety for kids and referred to the Child Care Act, Federal laws regarding forest access and concerned with the request to increase guests to 120.

 

Bill Ward, former owner of Sky Corral, stated that he understands the concerns of the neighbors and thinks that the Sky Corral Board will take into consideration all their concerns.   

 

Jim Piltz stated his concerns about noise levels and traffic.

 

Jerry Ellman about the Master Plan and his church service.

 

Commissioner Dougherty asked Mr. Ellman if his church had a lease with the Sky Corral Ranch.

 

Mr. Ellman replied No.

 

Ms. Wilewski remarked about staff, medical concerns and risk to youth.

 

Commissioner Gerrard stated his concern about venues with alcohol.

 

Mr. Hartar replied that other events like a wedding that does want to have alcohol will help keep cost down for youth groups.

 

Commissioner Choate asked about business plan during hard weather months and his concern for traffic during events and maintenance of the road.

 

Mr. Hartar replied that most events will be held during Spring, Summer and early Fall, very few in Winter.  He also stated that he will limit the number of parking spaces and will limit the number of trips in and out.

 

Commissioner Dougherty asked about widening or changing the road.

 

Ms. Wilewski replied no, there were no requirements in changing the road.

 

Cmmissioner Dougherty asked about the planned uses in the future.

 

Ms. Wilewski replied that it is a Master Plan and not everything will be done right now but could be in the future.

 

Commissioner Dougherty asked about a plan for neighbor animals.  Feeding, petting etc.

 

Ms. Wilewski replied that she will be educating staff and guests and will be adding signs and is open for suggestions on signage.

 

Commissioner Wallace asked about fire pits and a condition of approval should be added regarding no fire pits near the yurts.

 

Ms. Wilewski stated that she has no problem with that condition.

 

Commissioner Jensen stated that the concerns of neighbors need to be addressed and how the line of communication needs to be open.

 

Commissioner Miller stated concerns about the number of people that should be allowed and the road access.

 

Commissioner Jensen asked about adding a fire condition.

 

Mr. Lafferty replied by adding to fire mitigation stating that other than the lodge area having a central fire pit there shall be no other open burning or fire on property.

 

Commissioner Dougherty stated that there is an absolute benefit having something as rustic as The Sky Corral Ranch.

 

Commissioner Wallace 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 Sky Corral Ranch Special Review File #14-Z1954, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

A)

  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.

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Sky Corral Ranch Special Review, File #14-Z1954 except as modified by the conditions of approval or agreement of the Larimer County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Sky Corral Ranch Special Review.

 

  1. 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.

 

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

 

  1. 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 Larimer County, Larimer 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 Larimer County’s election to use one shall not preclude use of another.  In the event Larimer 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 Larimer County including, but not limited to, reasonable attorney’s fees.

 

  1. Larimer 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.

 

  1. The Findings and Resolution shall be a servitude running with the Property.  The 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.

 

  1. Within one year of the signing of the findings and resolution, the applicant shall provide a communication and evacuation plan in the event of fire. 

 

9.   Other than the lodge area having a central fire pit there shall be no other open burning or fire on property.

 

B) The Development Services Team recommends approval of the appeal to Section 8.1.4G of the Land Use Code, File #14-Z1954.

 

Commissioner Lucas seconded the Motion

 

MOTION PASSED: 7-0

 

ELECTION OF OFFICIALS:

 

Commissioner Miller nominated Commissioner Jensen for Chairman.  Commissioner Jensen accepted the nomination and Chairman Dougherty moved to close the nominations and to cast a unanimous ballet electing Commissioner Jensen as Chairman. This received unanimous voice approval.  MOTION PASSED.

 

Commissioner Jensen nominated Commissioner Gerrard for Vice-Chairman.  Commissioner Gerrard accepted the nomination and Chairman Dougherty moved to close the nominations and to cast a unanimous ballet electing Commissioner Gerrard as Vice-Chairman.  This received unanimous voice approval. MOTION PASSED.

 

Commissioner Miller nominated Commissioner Wallace for Secretary.  Commissioner Wallace accepted the nomination and Chairman Dougherty moved to close the nominations and to cast a unanimous ballet electing Commissioner Wallace as Secretary. This received unanimous voice approval.  MOTION PASSED

 

 

 

 

REPORT FROM STAFF:

 

There will be two public outreach meetings.  July 19, 2018 at Block One on Linden Street, 5:30 p.m. – 8:30 p.m. and July 26, 2018 at Grace Place in Berthoud, 5:30 p.m. – 8:30 p.m.

 

ADJOURNMENT :  There being no further business, the hearing adjourned at 10:20 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                                                 Nancy Wallace, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E XHIBIT A

 

 

PARCEL #8708400018 - /080768 - S8 T07 R68

 

PARCEL #878400015 - BEG 3219.65 FT S OF N 1/4 COR 8-7-68, S 89 15' E 180 FT, S 0 39' E 736.7 FT, N 88 35' W 180 FT TO C/L, TH ALG SD C/L N 0 39' E 734.6 FT TPOB; LESS N 96 FT, LESS 1227-505

 

PARCEL #8708400031 - BEG AT PT WH BEARS S 0 39' W 3794.25 FT, S 89 15' E 30 FT FROM N 1/4 COR 8-7-68, S 89 15' E 150 FT, S 0 39' W 162.1 FT, N 88 35' W 150 FT, N 0 39' E 160.35 FT TPOB

 

PARCEL #8708400027 - PAR IN SW 1/4 OF SE 1/4 8-7-68 DESC AS BEG AT SE COR SD SEC; TH N 89 12' 00" W 1,755.20 FT; TH N 00 48' 00" E 1,039.13 FT TPOB; TH N 89 54' 24" W 844.60 FT; TH N 00 41' 55" E 326.59 FT; TH S 88 30' 05" E 845.18 FT; TH S 00 48' 00" W 305.86 FT TPOB (AKA LO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E XHIBIT B

 

TR IN 30-8-71 DESC AS BEG AT C1/4 COR SD SEC 30, TH ALG W LN OF SW1/4 OF NE1/4 SD SEC 30, N 00 52' 00" W 225.95 FT TO C/L FLOWERS RD; TH ALG SD C/L, N 34 56' 10" E 134.47 FT; TH N 48 57' 25" E 81.59 FT; TH N 39 05' 15" E 30.00 FT; TH N 31 32' 40" E 113.33