LARIMER COUNTY PLANNING COMMISSION

Minutes of July 20, 2016

 

The Larimer County Planning Commission met in a regular session on Wednesday, July 20, 2016, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Couch, Cox, Dougherty, Gerrard, Glick, Miller and Wallace were present.  Commissioner Jensen presided as Chairman.  Also present were Matt Lafferty, Principal Planner, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Realities for Children Special Exception.

 

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 15, 2016 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

MOTION by Commissioner Wallace to move Item #2 Amendments to the Larimer County Land Use Code, file #16-CODE0200, to the consent agenda, seconded by Commissioner Glick.  This received unanimous voice approval.

 

CONSENT ITEMS:

 

ITEM #1 REALITIES FOR CHILDREN SPECIAL EXCEPTION #16-Z2006:   Mr. Lafferty provided background information on the request for a Special Exception approval to allow the headquarters of a non-profit organization to be located in the FA – Farming zoning district.  The site was located at 308 E. County Road 30, Fort Collins; located north of E. County Road 30 approximately 750 feet east of the intersection of E. County Road 30 and Highway 287. 

 

Commissioner Wallace asked about paving of the driveway.

 

Mr. Lafferty stated that paving would not be required.

 

Commissioner Wallace went over the review criteria and noted that she felt that it was a good use for the site.

 

DISCUSSION:

Commissioner Dougherty stated that he had been involved with the Realities for Children charity in the past but believed that involvement would not effect his decision or vote.

 

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 Realities for Children Special Exception, file #16-Z2006, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

 

 

1.   This Special Exception 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 Realities for Children Special Exception, File #16-Z2006 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 Realities for Children Special Exception.

 

3.   Prior to commencing operations, the applicants shall provide the Loveland Rural Fire Protection District a stamped letter from a licensed civil engineer stating that the current driveway/road meets the requirements as an all-weather surface capable of supporting 40 tons minimum.

 

4.   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.

 

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

 

6.   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 Exception, 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 Exception 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 Exception approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

7.   County may conduct periodic inspections to the property and reviews of the status of the Special Exception as appropriate to monitor and enforce the terms of the Special Exception approval.

 

8.   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 Exception approval.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  9 -0

 

 

ITEM #2 AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE  #16-CODE0200 :  Mr. Lafferty provided background information on the request for Amendments to the Larimer County Land Use Code to make modifications by:

1.   Adding the use description “Dwelling, vacation rental” as Section 4 .3.6.E and renumbering the balance of the Section,

2.   Adding to the zoning table in Section 4.1 under the category of Accommodations “Dwelling, vacation rental” as a use allowed by Minor Special Review (MS) or Site Plan Review (SP), and

3.   Adding “Dwelling, vacation rental” by Minor Special Review (MS) to the list of allowed uses under the accommodations section of the Zoning Districts  RE - Rural Estate, FO - Forestry, FO-1- Forestry, A - Accommodations, T - Tourist, O - Open, or by Site Plan Review (SP) in the zoning districts  B - Business and RFLB - Red Feather Lakes.

 

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 Amendments to the Larimer County Land Use Code, file #16-CODE0200, as follows:

 

1.   Add a new use description to Section 4.3.6. following current item D and renumber the balance of the section:

 

E. Dwelling, vacation rental.  A structure designed, arranged or intended to be occupied by one living unit, containing living facilities for sleeping, cooking, eating and sanitation. A vacation rental dwelling may be leased or rented for any time period.

 

2.   Change the zoning table as follows:

 

Category

Use

FA

FA-1

FO

FO-1

O

E

E-1

RE

RE-1

R

RE-1

R

R-1

R-2

M

M-1

A

T

B

C

I

I-1

RFLB

AP

Accommodation

Dwelling, vacation rental

MS

MS

MS

MS

MS

MS

SP

 

SP

 

 

 

3.   Add “Dwelling, vacation rental” to the list of allowed uses under the “accommodation” section in the following Zoning Districts as follows:

 

RE-Rural Estate (MS)

FO-Forestry (MS)

FO-1 Forestry (MS)

A-Accommodations (MS)

T-Tourist (MS)

O-Open (MS)

B-Business (SP)

RFLB – Red Feather Lakes Business (SP)

 

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  9 -0

 

ELECTION OF OFFICIALS:

Commissioner Cox nominated Commissioner Glick for Chairman and Commission Dougherty for Vice-Chairman.  Chairman Jensen moved to close the Nominations and to cast a unanimous ballet electing Commissioner Glick as Chairman and Commissioner Dougherty as Vice-Chairman.  Commissioner Gerrard seconded the Motion.  MOTION PASSED.

 

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

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 6:52 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 

 

POR OF SW 1/4 24-6-69 BEG SW COR, TH ALG S LN E 1035.8 FT TPOB, N 0 0' 30" E 608.88 FT, N 89 49' 30" W 286.51 FT, TH ALG SD E LN S 0 0' 30" W 608.88 FT M/L TO S LN OF SW 1/4, TH ALG SD S LN S 89 49' 30" E 286.51 FT M/L TPOB