LARIMER COUNTY PLANNING COMMISSION

Minutes of September 17, 2014

 

The Larimer County Planning Commission met in a regular session on Wednesday, September 17, 2014, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Gerrard, Glick, Jensen, Miller and Zitti were present.  Commissioner Wallace presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Michael Whitley, Planner II, Eric Tracy, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Campion Greenhouses Special Exception and Oppenheimer 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 AUGUST 20, 2014 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1  CAMPION GREENHOUSES SPECIAL EXCEPTION #14-Z1931 :   Ms. Madson provided background information on the request for a Special Exception to convert the existing accessory greenhouses to a wholesale growing facility for organic vegetables as the Commercial Greenhouse use was not a listed use in the R-1 Residential Zoning District.  The greenhouses would be located on the south side of W County Rd 14/State Hwy 60, approximately ½ mile west of Hwy 287.

 

Commissioner Christman asked if approval would be required for retail operations to occur on the site.

 

Ms. Madson replied yes.

 

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 Campion Greenhouses Special Exception, file #14-Z1931, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

 

 

 

1.   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.

 

2.   The applicant shall submit a Site Plan Review application for review and approval within 180 days of approval. 

 

3.   The Site Plan review application shall include information to demonstrate compliance with the requirements of the Little Thompson Water District as outlined in the memo from Michael Cook, dated April 24, 2014.

 

4.   The Site Plan review application shall include an addendum the drainage report to address the requirements outlined in the memo from Clint Jones, dated May 6, 2014.

 

5.   The Site Plan review application shall include information to demonstrate compliance with the requirements of the Loveland Fire Rescue Authority as outlined in the memo from Carie Dann, dated May 7, 2014.

 

6.   The Site Plan Review application to demonstrate that the internal access road meets the applicable Larimer County Rural Area Roads Standards outlined in the memo from Clint Jones, dated May 6, 2014, including a 20 foot all weather access road.

 

7.   Building permits are required for repair for and new structures as noted in the comments from Stan Griep, dated April 18, 2014.  The applicant shall obtain any required building permits prior to the commencement of new construction and within 60 days of approval for ongoing or recent repair work. 

 

Commissioner Glick seconded the Motion.

 

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

 

MOTION PASSED:  9-0

 

 

ITEM #2 OPPENHEIMER SUBDIVISION #14-S3218 :   Ms. Madson provided background information on the request for Preliminary Plat approval for a 2 lot subdivision to divide a 39.71 acre property into 2 lots; one with the existing equestrian operation and possibly a new dwelling and the other lot with an existing single family dwelling.  The property was located on the north side of Highway 14 (E. Mulberry) approximately 1.4 miles east of I-25.  The request also included appeals to the Larimer County Land Use Code, Sections 8.14.1.R. – connectivity, 8.14.1.M. – private road, 8.14.2.O. – gated entrance, 8.14.1.P. – second point of access.

 

Commissioner Glick asked about a neighbor concern regarding access.

 

Ms. Madson remarked that the applicant had stated that the property of concern was not part of their property.

 

 

Commissioner Wallace noted that two other neighborhood letters had been received in regards to the proposal.

 

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 Oppenheimer Subdivision, file #14-S3218, and appeals to Sections 8.14.1.R. – connectivity, 8.14.1.M. – private road, 8.14.2.O. – gated entrance, 8.14.1.P. – second point of access of the Larimer County Land Use Code to not require connectivity, for the property described on “Exhibit B” 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 Oppenheimer Subdivision, file # 14-S3218, 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 Oppenheimer Subdivision.

 

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, and 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.   The fire code requirements outlined in the memo from Jim Lynxwiler, dated July 1, 2014 shall be met if a new home is constructed  on Lot 2 or the lots are further developed (access relocation, etc.)

 

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.

 

6.   If a new residence is built on Lot 2 it shall be connected to public sewer.

 

7.   The applicant shall install a new water service line and meter pit prior to the sale either lot, so that each lot has its own water tap. 

 

8.   The final plat application shall include documentation to ensure there is an easement, agreement, covenant or other appropriate document to be recorded in the county records that grants the right of access for emergency and service vehicles and that defines the persons/entities entitled to use the road easements, including the installation and maintenance of street name signs within the easement, the purpose for and manner in which the roads may be used, any limitations on the use of the roads, the persons/entities authorized to enforce the terms of the easement and penalties for violation of the terms of the easement. 

 

9.   The final plat shall include a right-of-way dedication along Highway 14 to meet CDOT’s projected right-of-way need.

 

10.   The final plat shall include a sewer easement from proposed lot 1 across Lot 2 to the north property line were a connection to public sewer could be constructed.

 

11.   The final plat shall include a 40 foot access easement along the entire access road.

 

Commissioner Glick seconded the Motion.

 

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

 

MOTION PASSED:  9-0

 

 

Mr. Lafferty noted that Mountain Whitewater Descents Special Review was removed from the agenda.  When a hearing was rescheduled, surrounding property owners would be notified.

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 6:46 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

 

 

BEG AT PT 363 FT W OF SE COR NE 1/4 2-4-69, TH ALG S LN NE 1/4 W 1250 FT M/L TO E LN R/R ROW, TH N ALG SD ROW 1730 FT M/L TO S LN NEISNER SUB, TH S 79 51' E 25.97 FT, N 72 19' E 57.6 FT, N 83 26' E 181 FT, S 79 52' E 86.5 FT, S 85 53' E 136 FT. S 80 25' E 50.75 FT, N 89 42' E 657.34 FT, N 45 12' E 56.25 FT, S 44 48' E 200 FT TO BEG CUR TO R HAC C/A S 45 12' W 373 FT, L/C BEARS S 22 23' E 282.46 FT, TH ALG ARC SD CUR 287.7 FT TO POT, TH S 0 18' E 131 FT, N 89 42' E 170 FT TO W LN HWY 287, TH S 0 18' E 300 FT, S 89 42' W 170 FT, S 0 18' E 123.8 FT, S 72 54' E 178.15 FT TO W LN SD HWY, TH S 0 18' E 515 FT, S 89 19' 30" 333 FT, S 0 18' E 242 FT TPOB; ALSO ALL LAND LY WRLY OF R/R ROW IN NE 1/4 2-4-69; ALSO COM AT NE COR NW 1/4 2-4-69, TH N 89 40' W 1238 FT, S 1 55' E 1477.8 FT TPOB, EX BEG AT PT N 89 40' W 871 FT FROM NE COR NW 1/4, TH N 89 40' W 367 FT, S 1 55' E TO N LN HOME SUPPLY DITCH, TH NRLY & ERLY ALG SD DITCH TO PT WH BEARS DUE S OF TPOB, TH N TPOB, ALSO EX BEG AT NE COR NW 1/4, TH W 336 FT, SERLY TO PT ON E LN NW 1/4 232 FT S OF NEW 1/4, TH N 232 FT TPOB, ALSO EX 1233-81 & 1290-346; ALSO BEG AT PT ON N-S C/L WH N 1/4 COR 2-4-69 BEARS N 1 56' W 1477.8 FT, S 1 56 E 1305.57 FT, S 89 19' 30" W 1237.42 FT, N 1 56' W 1325.57 FT, S 89 45' E 1238 FT TPOB; LESS RD ROW PER 2002091681

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

LOT 1, POUDRE EQUESTRIAN CENTER MLD (20050082068)