LARIMER COUNTY PLANNING COMMISSION

Minutes of September 21, 2016

 

The Larimer County Planning Commission met in a regular session on Wednesday, September 21, 2016, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Gerrard, Jensen, Miller and Wallace were present.  Commissioner Dougherty presided as Chairman. Commissioners’ Couch and Glick were absent.  Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Eric Tracy, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to METEC Technology Evaluation Location and Extent and Shamrock Hill Acres 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 17, 2016 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Miller.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

A member of the public requested that Item #2 Shamrock Hill Acres Subdivision be removed from the consent agenda.  Chairman Dougherty removed the item from the consent agenda to be discussed.

 

CONSENT ITEM:

 

ITEM #1 METEC TECHNOLOGY EVALUATION LOCATION AND EXTENT 16-ZONE2048:   Mr. Helmick provided background information on the request for Location and Extent Review the Methane Emission Technology Evaluation Center (METEC) at CSU Foothills Campus, which was located west of the Motorsports Engineering Research Center and south of the PFA Training Center at the west end of West Vine Ave. on the Foothills Campus of Colorado State University.  The applicants proposed the review of a facility designed to test technology for detection of methane leaks in the oil and gas industry.  The current plan was for the facility/project to last 3 years with a possible 3 year extension. 

 

DISCUSSION:

Commissioner Christman recused herself from the vote.

 

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

 

BE IT RESOLVED that the Planning Commission approve METEC Technology Evaluation Location and Extent, file #16-ZONE2048, subject to the following conditions:

 

1.   The applicant shall coordinate any drainage or traffic improvements with the Larimer County Engineering Department. 

 

 

2.   Coordinate with ELCO regarding the need for and or relocation of the access road they currently use, prior to site development.

3.   Provide the additional information as requested by the Health Department regarding noise and or odors before any testing occurs. 

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Jensen, Miller, Wallace and Vice-Chairman Dougherty voted in favor of the Motion.

 

MOTION PASSED:  6 -0

 

ITEMS:

 

ITEM #2 SHAMROCK HILL ACRES SUBDIVISION #16-LAND3506:  Mr. Helmick provided background information on the request for a Preliminary Plat to subdivide 26 acres into three lots, one of ten acres with the existing home, one of 12 acres and one of 3.9 acres.  The property was located on the north end of Glenn Ridge Drive, north of Vine Drive, north of the Glenn Ridge subdivision and west of Trappers Point.  He stated there were neighborhood concerns regarding access and road maintenance, and a condition of approval had been added regarding these concerns.

 

PUBLIC TESTIMONY:

Thomas C., 956 Glenn Ridge Drive, lived within Cottonwood Farms II RLUP.  He provided the commission with a pamphlet of information.  He stated that his property was in close proximity to the proposal and asked to address concerns regarding the proposed subdivision.  His first concern was with the potential future subdivision of Lots 2 & 3.  He asked for a recommendation of no further subdivision of Lots 2 and 3, suggested having covenants further restricting subdivision of Lots 2 & 3, or suggested putting the lots into a conservation easement.  He also stated that he would like the subdivision to have its own HOA or be included with the Glenn Ridge HOA.  He noted that the proposed lot sizes were similar to the surrounding lots in the area and blended well with existing properties. 

His second concern/suggestion was to extend Glenn Ridge Drive to allow adequate space for fire department equipment and the possible subdivision of the new lots.  He stated that he wanted the fire department do an evaluation of the proposal because there was a concern that responding fire apparatus could not get down the driveway to Lot 2 of the proposal and Lot 1 of Glenn Ridge Estates.  He stated that the extra land needed for that expansion of Glenn Ridge Drive should come from Lots 2 & 3.  The expansion would allow an area for responding fire trucks to turn around, which would allow the present turn around to be returned to the rightful owners of Lots 1 & 2 in Cottonwood Farms 

The third concern was do maintenance and upkeep of Glenn Ridge Drive.  He suggested that funds be contributed to the maintenance and upkeep of the road. 

The last concern was due to an issue of percolating water on the surrounding properties.  He felt that a study should be performed as to whether or not a percolating water condition was contributing to a problem within Glenn Ridge Subdivision.  He noted that water percolated from a well on the subject property.  He stated that there was a water/drainage issue being experienced on Lot 9, 10, and 3 in Glenn Ridge Estates.  The issue was due to a pipe that was blocked causing water to pool in Lots 9 & 10.  He recommend the county repair and replace the drainage pipe that had been percolating water. 

 

John Morrell, had a question regarding Lot 1 and the drainage between it and Coho Run.  He suggested a culvert be installed.  He wondered how a HOA would be able to enforce the requirement of road maintenance of Coho Run.

 

Bob Stringer, lived in Trappers Point on Coho Run, had no problem with the proposed subdivision.  He wondered if there would there be a deed restriction or something on the final plat that would require the subdivision to participate in road maintenance so future lot owners would be aware of that requirement.  He noted an irrigation pipeline that ran along Coho Run and asked that an engineered crossing be installed over the pipe so it was protected.  He also asked that there not be an additional access off of Coho Run except for emergency access only. 

 

Trudy McElwee, applicant, stated that she was aware of a drainage problem and more extensive engineering would be completed.  She noted that they were aware of the drainage culvert as they had bared some of the expense for it; however, they could not access the water from there and wondered how they would be able to without disturbing the pipe.  She stated that there was an emergency access off of Coho Run that they became aware of when they began the subdivision process.  She stated that there would be an emergency access only off of Lot 1 or Lot 2 onto Coho Run.  She remarked that they intended to pay for road maintenance for Coho Run and Glenn Ridge Drive but did not want to join their HOA’s.  She explained that the water problem had been there for the last 30 years which cause began at the south end not near the north end by their property.  Due to that she did not feel that it was their responsibility.  She explained that there had been an agreement regarding the road when Glenn Ridge Estates was developed as they had owned that road.  She stated that they had quit claimed the road when Glenn Ridge was platted and due to that agreement it should not be their responsibility.  She remarked that at the present time they did not want to stipulate that the lots could not be further subdivided.

 

Commissioner Dougherty asked about having an engineered crossing on the access of the irrigation pipe and asked if there would be an easement for that irrigation pipe.

 

Mr. Helmick replied yes and additional studies would be completed during Final Plat.

 

Commissioner Dougherty asked if there was a requirement for no further subdivision.

 

Mr. Helmick stated no.  Future subdivision could be possible on Lots 1 & 2 if they could meet the requirements.

 

Commissioner Dougherty asked about the extension of Glenn Ridge Drive.

 

Mr. Helmick stated that the fire department did not ask for an extension and had stated that it was sufficient.

 

Commissioner Dougherty pointed out that the cul-de-sac on Glenn Ridge was part of the publicly dedicated road.

 

 

 

 

Doug Ryan, Health Department, stated that additional information was requested regarding drainage and groundwater levels/issues.  A condition of approval was added to the approval required additional information to be submitted during the final plat stage. 

 

Mr. Helmick stated that Condition 7 addressed drainage of Lot 3.  The larger concern of whether there was a spring, a well or other groundwater issue had not been addressed within the conditions of approval. 

 

Commissioner Dougherty asked about a condition regarding road maintenance.

 

Mr. Helmick stated that Condition 6 addressed that concern; however, a mechanism of how to address the road maintenance had yet to be determined.    

 

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 Shamrock Hill Acres Subdivision, file #16-LAND3506,  for the property described on “Exhibit A” 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 Shamrock Hill Acres Subdivision Preliminary Plat file #16-LAND3506, 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 Reeves Acres Subdivision Preliminary Plat.

 

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

 

3.   Fire Requirements Residential fire sprinklers will be required in all new habitable buildings in excess of 400 feet from a fire hydrant.

 

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.   Participation by the two new lots in the appropriate road maintenance associations or HOA’s to the level of road maintenance shall be required.  Participation shall be based upon “proportionate share”.

 

7.   Additional soils and groundwater information as requested by the Health Department shall be supplied with the Final Plat application.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

ITEM #3 POPE COMMUNITY HALL 2ND AMENDED SPECIAL REVIEW #16-ZONE2031:  Mr. Lafferty provided background information on the request for an amendment to the Pope Community Hall Special Review (File # 12-Z1890 as amended by File #13-Z1918) to

a.   expand the allowed number of events,

b.   remove restrictions pertaining to indoor vs. outdoor events,

c.   remove requirements that a Sheriff Deputy attend and monitor and report on all events,

d.   modify the condition pertaining to amplified sound,

e.   remove conditions pertaining to the disbursement of food and beverages,

f.   removal of condition pertaining to keeping doors and windows on the gym closed,

g.   modify conditions pertaining to parking,

h.   modify the hours of operation.

The property was located on the north side of Bingham Hill Road, approximately ½ mile west of Overland Trail.

 

Mr Lafferty explained that the initial primary purpose of the request was to address conditions regarding the requirement to have a post certified local law enforcement officer/deputy or ranger attending, monitoring and reporting on all events held at the facility.  The Sheriff’s Department had provided a letter indicating that they would not longer be able to attend the events due to staffing concerns.  He stated that other departments such as City of Fort Collins, State Patrol, etc. did not want to staff the events out of their jurisdiction.  As a result, the condition needed to be modified or removed.  Since the condition would have to be amended/removed, the applicant chose to expand the request to address several of the other conditions of approval that affect the general operations of the facility. Each of the conditions from File #12-Z1890 and #13-Z1918 found in the Findings and Resolution recorded at Reception #20130082800 were outlined in the left column on the table below with the proposed condition changes in the right column.

 

Existing Conditions from 12-Z1890

& 13-Z1918

Conditions as proposed by Applicant

1. The Pope Community Hall Special Review, File #12-Z1890, approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of this Findings and Resolution.

 

 

 

No Change

2. The site for the Pope Community Hall Special Review shall be developed  consistent with the approved plans and information contained in the Planning Department File #12-Z1890 except as modified by the conditions of this approval.  The approval of this application shall also be subject to all other verbal representations and commitments made by the applicant that are of record for the Pope Community Hall Special Review, File #12-Z1890.  In the event of any conflict between this Findings and resolution and any other documents or representations, this Findings and resolution shall control.

 

 

 

 

 

 

 

No Change

3. Failure to comply with any of the conditions of approval for the Pope Community Hall Special Review, File #12-Z1890 may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

3. Failure to comply with any of the conditions of approval for the Pope Community Hall Special Review,  File # 12-Z1890 as amended by File #13-Z1918 and 16-ZONE2031, must be preceded with a warning and/or possible compliance alternatives prior to reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

 

 

4. The Pope Community Hall Special Review, File #12-Z1890, is approved without the requirement for a Development Agreement.

 

 

 

 

 

 

 

No Change

 

5. If the applicant/owner fails to comply with any conditions of approval of otherwise fails to use the property consistent with the approved Pope Community Hall Special Review, File #12-Z1890, the applicant agrees, in addition to all other remedies available to County, that the 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 the use of another.  If the County must retain legal counsel and/or pursue a court action to enforce the terms of this said approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees.

 

 

 

 

 

 

 

 

 

 

No Change

 

6. The Findings and Resolution for the Pope Community Hall Special Review, File #12-Z1890 shall be 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 said Special Review approval

 

 

 

 

 

 

No Change

 

7. The County may conduct periodic inspections of the property and review of the status of the Pope Community Hall Special Review, File # 12-Z1890, as appropriate, to monitor and enforce the terms of said Special Review approval.

 

 

 

 

 

 

 

 

 

 

No Change

 

8. The Pope Community Hall Special Review is approved for a total of 22 weddings or similar event/activities (not including Seasonal Camps) annually.  The number and type of weddings or similar events/activities are further defined by Conditions 10 and 11 below, and shall be counted starting on January 1 and ending on December 31 of each calendar year, with no carryover into subsequent years.

 

 

 

 

 

Eliminate Condition

9. Weddings and similar events/activities may include rehearsals.  Such rehearsals shall not be counted as a separate event.  No rehearsal dinners shall be allowed.

 

9. Weddings and similar events may include rehearsals and rehearsal dinners.

10. Except for the 9 weddings or similar events/activities approved to be conducted outdoors pursuant to Condition 11 below, all of the weddings or similar events/activities must be conducted indoors (i.e. within the gymnasium/multi-purpose room) and shall be subject to the following:

 

a.             The use of amplified music, voice or sound shall be confined to the inside of the gymnasium.

 

b. The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

 

c. To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must stay closed during all approved weddings or similar events/activities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eliminate  Condition

11. The Pope Community Hall Special Review is approved to allow 9 weddings or similar events/activities that have outdoor activities in addition to a ceremony.  Said outdoor weddings or similar events/activities shall be subject to the following:

 

a. The use of amplified music, voice or sound shall be confined to the inside of the gymnasium except during the ceremony.  The use of amplified music, voice or sound during the ceremony shall not last more than 2 hours.

 

b. The Speaker Placement and Orientation Plans shall be adhered to for the outdoor use of amplified music, voice or sound for an allowed ceremony, with the measured level of sound no greater than 75 db at three feet from the front of each speaker.

 

c. The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

 

d. To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must stay closed during all approved weddings or similar events/activities.

 

e. Outdoor activities shall be conducted only on that part of the property defined as the Community Hall Area on the amended site plan for the Amended Special Review

 

11. Events at the Pope Community Hall Special Review can occur either indoors or outdoors, or a combination thereof, subject to the following:

 

a. The use of dance music and any other amplified voice or sound that is anticipated to exceed the Larimer County Noise Ordinance shall be confined to the inside of the gymnasium/multipurpose room. All other sound, within the stated business hours, will be allowed outdoors.

 

b. Speaker placement and decibel level for amplified outdoor sound shall be such that the sound does not violate the County Noise Ordinance.

 

c. The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

 

d. To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must stay closed during all approved weddings or similar events/activities.

 

c. Outdoor activities shall be conducted only on that part of the property defined as the Community Hall Area on the amended site plan for the amended Special Review

 

12. The total number of attendees at each wedding/event/activity shall not exceed 170 individuals, including service personnel.

 

 

No Change

 

13. The existing parking area will be expanded to 68 spaces in the area identified on the amended site plan for the Amended Special Review.  Overflow parking shall be allowed and confined to the parking area surrounding the “Shop” identified on the amended site plan for the Amended Special Review.  All attendees, including service personnel shall park in the designated parking lot.

 

13. The existing parking area contains 68 parking spaces in the area identified on the amended site plan for the Amended Special Review.  Overflow parking shall be allowed, as approved by PFA, along the driveway and the parking area surrounding the “Shop” identified on the amended site plan for this Amended Special Review.

14. Fire access roads and fire lane requirements as outlined in the referral letter found in the Pope Community Hall Special Review, File #12-Z1890, from the Poudre Fire Authority, by Ron Gonzales, Assistant Fire Marshall, Date July 24, 2012 shall be complied with at all times.

 

 

 

 

No Change

15. Weddings/events/activities for the Pope Community Hall Special Review, File 12-Z1890 shall only be allowed on the property between the hours of 9:00AM and 10:00 PM.  After 7:00 PM noise from any outdoor activity associated with any wedding/event/activity shall be limited in volume and quality such as to not offend ordinary sensitivities as determined on site by the monitoring law enforcement officer. This condition does not apply to approved Seasonal Camps.

 

15. Events for the Pope Community Hall Special Review, File #12-Z1890 shall be amended to allow use of the property between the hours of 9:00 AM and 11:00 PM. After 7:00 PM noise from any outdoor activity associated with any event shall be limited in volume and quality so as to not violate the County Noise Ordinance.  This condition does not apply to approved Seasonal Camps.

16. The owner/operator of the Pope Community Hall Special review shall hire a POST certified local law enforcement officer/sheriff deputy/ranger to monitor and report on the operations and functions of all events.  At a minimum the report must address the following matters listed below. (to address unforeseen issues the following list of reported items can be expanded by the Larimer County Planning Director at any time).

 

a.   Placement and orientation of all speakers being used outside of the gym/multi-purpose room per the approved Speaker Placement and Orientation Plans;

b. One decibel reading per hour at a distance of three (3) feet from the front of each speaker located outdoors;

c.   Number of individuals attending the event, including service personnel;

d. Start and finish time for the event;

e.   Verification that all visiting vehicles were parked in approved parking areas as defined by condition 13; and

f.   Any other pertinent information such as neighbor complaints and/or visits by County or Poudre Fire Authority personnel.

 

 

 

 

 

 

 

 

 

 

Eliminate Condition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17. The owner/operator shall provide the contact information of the POST Certified local law enforcement officer/sheriff deputy/ranger overseeing the event on the business webpage for the approved use, so neighboring property owners can report specific instances of potential issues

 

 

 

 

 

 

Eliminate Condition

18. A complete signed report from the Post Certified local law enforcement office/sheriff deputy/ranger overseeing the event must be submitted to the Planning Department within 10 calendar days of each event.

 

 

 

Eliminate Condition

19. The applicant/owner shall ensure that all transportation to and from the site by guests and service personnel shall be via a typical surface transportation (i.e. motor vehicle). No alternative transportation (helicopter, hot air balloon similar transports) shall be allowed for the event uses and activities. Buses/Shuttle service may be used to transport quests or service personnel thereby minimizing the impact of traffic.

 

 

 

 

 

No Change

20. The applicant/owner shall construct a 6 foot high wood fence as illustrated on the approved site plan prior to any outdoor weddings/events/activities.

 

 

No Change

 

He stated that with regards to the applicant’s proposed condition changes outline above the Development Services Team supported the changes with the following exceptions: 

 

Condition 3 should not be modified as the County already has processes in place to address non-compliance issues. These existing processes provide opportunity for solutions before hearings for other alternatives or revocation occurs.

 

Condition 11 should be modified as proposed by the applicant, but is should also include language placing some limit on the number of events allowed on the property, rather than being unlimited.  As stated later is this report, the Development Services Team believes that compatibility can be maintained even with more events but the character of the neighborhood would be effected if unlimited events are allowed.

 

Condition 11.b. should not be change as the speaker placement and orientation plan provided by the sound study ensure that noise will be a compatibility issue if operated as the study suggests.  Therefore, allowing change would not ensure the same effects of noise as originally planned.

 

Condition 11.d. should not be change as keeping windows and doors closed during events when dance music is being played at higher levels in the gymnasium insures that the sound stays within the confines of the building.  Allowing the windows to open will potentially result in a spillover of the music into the neighborhood.

 

Condition 13 should not be change as there is ample room for parking in the areas already approved for the use.  Additionally, aside from not blocking fire lanes, Poudre Fire Authority has no authority for determining where parking is located on a property. Finally, the original application was denied largely because of the visibility of parking, and the current parking location was intended to provide a less visual impact.

 

Modifying Condition 15 to eliminate references to monitoring by a law enforcement officer is supported. However, support of a change in the hours of operation from 10 PM to 11 PM is not supported.  The hours of operation should remain the same to ensure neighborhood compatibility is not compromised.

 

 

Lieutenant Bobby Moll, Special Operations Patrol with Larimer County Sheriff’s Department, explained that the Sheriff’s Department was severely under staffed and were posting multiple overtime shifts per month, which they could no longer due to have staff attend the events.  He mentioned that for special events occurring within the county, other jurisdictions were providing approximately 80% of the support. 

 

Commissioner Cox asked if staffing levels were expected to change in the near future.

 

Lieutenant Moll stated that they were looking to hire new officers but not in the near future.

 

Commissioner Jensen asked what the deputies had experienced while attending the events at the subject site.

 

 

 

Lieutenant Moll stated that he had only viewed a few reports but noted that there were no issues that he was aware of.

 

Commissioner Miller asked if there were restrictions on other approved events centers regarding number of events allowed.

 

Mr. Lafferty replied yes, but not to the extent of the subject event center.

 

Randy Pope, applicant, stated that the property had been owned by his family since 1965.  He stated that they were noncompliant in terms of the conditions of approval by not having an off-duty officer at their events; however, that noncompliance was due to the lack of staffing of the Sheriff Department.  He pointed out that there were no other event centers in the Colorado or the United States that required a sheriff to be present.  He remarked that they had been unable to compromise or work with their neighbors even after multiple attempts.  He stated that between September 2015 and September 2016 they only had a net profit of approximately $14,000 and allowing the proposed alterations would allow their business to be successful and increase their net profit. 

 

Commissioner Wallace asked what he would suggest for an appropriate number of total events and outdoor events. 

 

Mr. Pope stated that he did not have a number because he could not find other businesses that had to limit their number.  He struggled as to why he would be limited with the number of events allowed at a business.

 

Commissioner Cox asked what number he could live with.

 

Mr. Pope remarked that he could possibility be ok with 100 events per year.  He also stated that he understood the reasoning behind the Development Services Team not wanting to amend Condition 3 and 11b.  He stated that Condition 11d, which required the doors and windows to be closed during events, should not be a requirement as long as they were not violating the noise ordinance.  He remarked that it got hot in the building plus people that attended the events would open the doors, they would close them, and people would keep opening them.  He explained his request and reasoning for the amendment to Condition 13 regarding the parking areas.  He also spoke about widening the road, which the Fire Chief was ok with.  He stated that he would agree to keep Condition 15 the same and keep the hours to 10 pm.

 

PUBLIC TESTIMONY:

Liz Whitney, stated that she was not in favor of unlimited events.  She appreciated that the dance music would be kept to within the gym and noted that crowd noise could get noisy.  She was interested to see if there would be violations if there was no Sheriff Department staff at the site.

 

Leno D, felt that many of the limits put on the event center were unreasonable.

 

Nancy Wilford, owned property on the east side of Claymore Lake, stated that she was representing her family who had been on that property for four generations.  She stated that she had not heard any noise when she was at her property, and her family had never been bothered by any of the events.  She hoped that the proposed changes would be considered.

 

Shelby Majors, lived on Bingham Hill Road, reminded the commission that the current restrictions were put in place after the revocation occurred.  The BCC felt that the restrictions should be in place to stay in harmony and compatible with the neighborhood.  She noted that the facility had not operated within the confines of its approval and stated that in 2011, there were a total of 13 outdoor weddings held, which was more than allowed.  In 2015, an event was held outdoors including food and drink, which was out of compliance.  In 2016, two events were held outside with food and drink and dancing outside.  She noted that other events centers were not as restricted because they had never been revoked plus the neighborhoods were different.  She pointed out that crowd noise was significant, and she asked that the current restrictions be kept in place.

 

Ken Ecton, lived on Bingham Hill Road, stated that the Land Use Code was the rule of law that the County should operate under.  He stated that the proposed changes were not in the rule of law of the Land Use Code, and he noted several sections of the Code.  The Code stated that an application should be compatible with uses within the surrounding neighborhood.  He stated that the surrounding properties were residential, and the facility was not compatible.  He pointed out that nothing within the proposal was increasing the compatibility or harmony.

 

Rae Sullivan, 4020 Bingham Hill Road, understood that it was a property rights issue, and the zoning should have protected the area.  There should have been a size limit and setbacks put on proposals like this.  She stated that she did hear noise, some was low and some was very loud.  It was unharmonious and incompatible with the surrounding area.  She felt that 9 outdoor events were too much.  She stated that the conditions put in place were very important to keep.  The food service was occurring outdoors which was increasing noise.  She stated that having the security monitored the events was important and asked that the commission keep the current conditions in place.

 

Rebecca Douglas, lived on Bingham Hill Road, stated that noise did occur.  She insisted that the security piece of the application stay in place to keep things safe.  She reiterated that the event center was effecting the neighborhood.

 

Mr. Pope stated that there had been no change to how they had been operating ever since the deputies had stopped being there.  He stated that there was no connection to the revocation and the current conditions of approval.  He stated that properties values had not fallen in the area. 

 

DISCUSSION:

Commissioner Gerrard asked about the noise decibel levels.

 

Mr. Ryan stated that they were limited to 50 decibels in the evening hours at an occupied property.  A noise study had been completed in the past which set the parameters for the property. 

 

Commissioner Jensen asked if there were physical limitations regarding the number of people that could be on the property.

 

 

 

 

 

Mr. Ryan stated that there was a cap on the number of people that could attend, which was based on parking and wastewater standards.  A wastewater permit had been issued to serve the event kitchen and restrooms and based on the waste generated figures used for catered events.  He stated that the property was sized for a wastewater flow of up to 1,000 gallons a day associated with the events center.  Increasing the frequency of events did not affect that as they were sized for the daily load.  If they wanted to do more than one event per day or a full service kitchen then there would be an issue; however, in terms of increasing the events with those other factors in mind, it would not overload the system.

 

Commissioner Miller felt that the widening of the road would be appropriate and was in favor of that amendment.  He did not agree with not allowing fresh air into the event building and was in favor of allowing the doors and windows to be open. 

 

Commissioner Gerrard was in favor of all of the requests made.  He felt that the windows and doors could be opened as they would be held to the noise ordinance standards.  He also felt that there were only so many events that could be held in the summer and was in favor of unlimited events.

 

Commissioner Christman agreed with the widening of the road, opening the doors and windows, and was willing to increase the events but felt that there should be a set number.

 

Commissioner Cox stated that the conditions were put in place to help make it compatible with the surrounding area.  She understood the applicant’s requests to update the conditions; however, the current conditions were allowing it to be compatible with the area.  She also noted that the conditions went with the property.  She stated that the parking request could possibly be changed but ultimately she felt that the only update to the conditions of approval should be the one that dealt with the Sheriff Department.

 

Commissioner Jensen had no issues with removing the requirement to have an officer on site.  He did not agree with extending the hours to 11 pm.  He would be ok with expanding the road but did not want it to become a way to disperse cars throughout the site.  He felt that 100 events was too many and proposed that the current number of allowed events, 22 be doubled to 44 with 18 outside events.  He thought that the applicant could prove and show that the number could be compatible before more events be allowed as suggested by the applicant.  He supported removing the requirement to have a certified officer on the site. 

 

Commissioner Wallace felt that during the summer months there should not be an event every day or every night.  She suggested allowing a maximum of three events per month outside during the summer months, which would end up being 15 over the summer/wedding season.  She stated that she wasn’t as concerned about the indoor events. 

 

Commissioner Jensen stated that he could support 15 events outside with 44 total events.

 

Commissioner Dougherty stated that he could support the parking and also supported allowing the doors and windows to be open.  He stated that there had been no violations since the last approval and noted that the security had not been on the site for approximately a year.  He felt that a number of events should be stipulated and remarked that he considered the summer season April through October.  He stressed that both sides needed to start working together. 

 

Commissioner Miller felt that Commissioner Wallace’s suggestions for numbers was acceptable.

 

Mr. Lafferty noted that there was no provision attached to the approval to not have food outside.  The condition stipulated that food service lines had to be indoors.

 

Commissioner Cox suggested allowing 30 events to go in line with the current Special Events regulations.

 

Commissioner Miller stated that the number of indoor events should not be restricted but understood restricting the number of outdoor events.

 

Commissioner Gerrard felt that any number would be arbitrary.  He felt that it was determined by the, and if the applicant was in violation of the noise ordinance and conditions of approval then it that would be what hurt his approval.

 

Commissioner Cox mentioned that there was a disruption in the neighborhood that needed to be considered.

 

Commissioner Jensen felt that it was acceptable to take an incremental step with the proposal. 

 

Commissioner Wallace suggested 18 outdoor events with a total of 40 events.

 

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 Pope Community Hall 2nd Amended Special Review, file #16-ZONE2031,  for the property described on “Exhibit B” to the minutes, subject to the following amended conditions as outlined below:

 

1. The Pope Community Hall Special Review, File #12-Z1890, approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of this Findings and Resolution.

 

2. The site for the Pope Community Hall Special Review shall be developed  consistent with the approved plans and information contained in the Planning Department File #12-Z1890 except as modified by the conditions of this approval.  The approval of this application shall also be subject to all other verbal representations and commitments made by the applicant that are of record for the Pope Community Hall Special Review, File #12-Z1890.  In the event of any conflict between this Findings and resolution and any other documents or representations, this Findings and resolution shall control.

 

3. Failure to comply with any of the conditions of approval for the Pope Community Hall Special Review, File #12-Z1890 may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

 

4. The Pope Community Hall Special Review, File #12-Z1890, is approved without the requirement for a Development Agreement.

 

 

5. If the applicant/owner fails to comply with any conditions of approval of otherwise fails to use the property consistent with the approved Pope Community Hall Special Review, File #12-Z1890, the applicant agrees, in addition to all other remedies available to County, that the 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 the use of another.  If the County must retain legal counsel and/or pursue a court action to enforce the terms of this said approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees.

 

6. The Findings and Resolution for the Pope Community Hall Special Review, File #12-Z1890 shall be 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 said Special Review approval

 

7. The County may conduct periodic inspections of the property and review of the status of the Pope Community Hall Special Review, File # 12-Z1890, as appropriate, to monitor and enforce the terms of said Special Review approval.

 

8. The Pope Community Hall Special Review is approved for a total of 40 22 weddings or similar event/activities (not including Seasonal Camps) annually.  The number and type of weddings or similar events/activities are further defined by Conditions 10 and 11 below, and shall be counted starting on January 1 and ending on December 31 of each calendar year, with no carryover into subsequent years.

 

9. Weddings and similar events/activities may include rehearsals and rehearsal dinnersSuch rehearsals shall not be counted as a separate event.  No rehearsal dinners shall be allowed.

 

10. Except for the 18 9 weddings or similar events/activities approved to be conducted outdoors pursuant to Condition 11 below, all of the weddings or similar events/activities must be conducted indoors (i.e. within the gymnasium/multi-purpose room) and shall be subject to the following:

 

a. The use of amplified music, voice or sound shall be confined to the inside of the gymnasium.

 

b. The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

 

c.  To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must stay closed during all approved weddings or similar events/activities.

 

 

 

 

11. The Pope Community Hall Special Review is approved to allow 18 9 weddings or similar events/activities that have outdoor activities in addition to a ceremony.  Said outdoor weddings or similar events/activities shall be subject to the following:

 

a. The use of amplified music, voice or sound shall be confined to the inside of the gymnasium except during the ceremony.  The use of amplified music, voice or sound during the ceremony shall not last more than 2 hours.

 

b. The Speaker Placement and Orientation Plans shall be adhered to for the outdoor use of amplified music, voice or sound for an allowed ceremony, with the measured level of sound no greater than 75 db at three feet from the front of each speaker.

 

c. The disbursement of food and beverages (i.e. food lines and bars) shall occur within the gymnasium/multi-purpose room.

 

d. To contain noise occurring within the gymnasium/multi-purpose room, the doors and other openings to said gymnasium/multi-purpose room must stay closed during all approved weddings or similar events/activities.

 

e. Outdoor activities shall be conducted only on that part of the property defined as the Community Hall Area on the amended site plan for the Amended Special Review

 

12. The total number of attendees at each wedding/event/activity shall not exceed 170 individuals, including service personnel.

 

13. The existing parking area will be expanded to contains 68 spaces in the area identified on the amended site plan for the Amended Special Review.  Overflow parking shall be allowed as approved by PFA, along the widened driveway and confined to the parking area surrounding the “Shop” identified on the amended site plan for the Amended Special Review.  All attendees, including service personnel shall park in the designated parking lot.

 

14. Fire access roads and fire lane requirements as outlined in the referral letter found in the Pope Community Hall Special Review, File #12-Z1890, from the Poudre Fire Authority, by Ron Gonzales, Assistant Fire Marshall, Date July 24, 2012 shall be complied with at all times.

 

15. Weddings/events/activities for the Pope Community Hall Special Review, File 12-Z1890 shall only be allowed on the property between the hours of 9:00AM and 10:00 PM.  After 7:00 PM noise from any outdoor activity associated with any wedding/event/activity shall be limited in volume and quality such as to not offend ordinary sensitivities as determined on site by the monitoring law enforcement officer. This condition does not apply to approved Seasonal Camps.

 

 

 

 

 

 

16. The owner/operator of the Pope Community Hall Special review shall hire a POST certified local law enforcement officer/sheriff deputy/ranger to monitor and report on the operations and functions of all events.  At a minimum the report must address the following matters listed below. (to address unforeseen issues the following list of reported items can be expanded by the Larimer County Planning Director at any time).

 

a.   Placement and orientation of all speakers being used outside of the gym/multi-purpose room per the approved Speaker Placement and Orientation Plans;

b.   One decibel reading per hour at a distance of three (3) feet from the front of each speaker located outdoors;

c.   Number of individuals attending the event, including service personnel;

d.   Start and finish time for the event;

e.   Verification that all visiting vehicles were parked in approved parking areas as defined by condition 13; and

f.   Any other pertinent information such as neighbor complaints and/or visits by County or Poudre Fire Authority personnel.

 

17. The owner/operator shall provide the contact information of the POST Certified local law enforcement officer/sheriff deputy/ranger overseeing the event on the business webpage for the approved use, so neighboring property owners can report specific instances of potential issues

 

18. A complete signed report from the Post Certified local law enforcement office/sheriff deputy/ranger overseeing the event must be submitted to the Planning Department within 10 calendar days of each event.

 

19. The applicant/owner shall ensure that all transportation to and from the site by guests and service personnel shall be via a typical surface transportation (i.e. motor vehicle). No alternative transportation (helicopter, hot air balloon similar transports) shall be allowed for the event uses and activities. Buses/Shuttle service may be used to transport quests or service personnel thereby minimizing the impact of traffic.

 

20. The applicant/owner shall construct a 6 foot high wood fence as illustrated on the approved site plan prior to any outdoor weddings/events/activities.

 

Commissioner Jensen seconded the Motion.

 

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

 

MOTION PASSED:  7 -0

 

 

 

 

 

 

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 9:28 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.

 

 

_______________________________                      ______________________________

Scott Glick, Chairman                                                Mina Cox, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

TR IN W 1/2 OF SE 1/4 2-7-68 DESC: BEG AT CEN-E 1/16 COR, TH ALG E LN W 1/2 OF SE 1/4 S 0 5' 21" W 878.79 FT, S 85 0' 21" W 491.14 FT, N 3 14' 29" W 97.99 FT, S 89 15' 37"W 824.32 FT M/L TO W LN SE 1/4, N 0 0' 19" W 845.1 FT M/L TO CEN 1/4 COR, S 89 32' 1" E 1320.56 FT M/L TPOB (SPLIT FROM 87020 00 003)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

TRACT 2, POPE MRD 96-EX0830