LARIMER COUNTY PLANNING COMMISSION

Minutes of November 16, 2016

 

The Larimer County Planning Commission met in a regular session on Wednesday, November 16, 2016, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Couch, Cox, Dougherty, Gerrard, Jensen, and Wallace were present.  Commissioner Glick presided as Chairman. Commissioner Miller was absent.  Also present were Matt Lafferty, Principal Planner, Michael Whitely, Planner II, Eric Tracy, Engineering Department, Doug Ryan, Health Department, Lea Schneider, Health Department and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Heron Lake Campground Amended Special Review and Too Bees Rezoning.

 

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 OCTOBER 19, 2016 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1 TOO BEES REZONING #16-ZONE2060:  Mr. Whitley provided background information on the request to rezone two parcels from O – Open to PD – Planned Development to allow industrial uses at property located northeast of the intersection of S. Summit View Drive and Donella Court.

 

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 Too Bees Rezoning, file #16-ZONE2060,  for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

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

 

A.   Principal uses:

                        Agricultural

                        1. Apiary (R)

                        2. Livestock veterinary clinic/hospital (SP/S)—See section 4.3.1

                        3. Pet animal facility (SP/S)—See section 4.3.1

                        4. Pet animal veterinary clinic/hospital (SP/S)—See section 4.3.1

 

 

Commercial

5. Adult use (S)

6. Automobile service station (SP)

7. Bar/tavern (SP/MS)—See section 4.3.3

8. Car wash (SP)

9. Clinic (SP)

10. Convenience store (SP)

11. Flea market (SP/S)

12. General commercial (SP)

13. General retail (SP/S)

14. Instructional facility (SP)

15. Outdoor display/sales (SP)

16. Permanent fireworks sales (S)

17. Personal service (SP)

18. Professional office (SP)

19. Restaurant (SP/MS)—See section 4.3.324. Membership club/clubhouse (SP)

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

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

 

Industrial

22. Enclosed storage (SP)

23. General industrial (S)

24. Hazardous materials storage and handling (S)

25. Junkyard (S)

26. Land fill (S)

27. Light industrial (SP)

28. Mining (S)

29. Oil and gas drilling and production (R)

30. Outdoor storage (SP/MS)—See section 4.3.7

31. Recycling (S)

32. Small solar facility (R/PSP)

33. Small wind energy facility (MS)

34. Trade use (SP)

 

Utilities

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

36. Radio and television transmitters (S)

 

Transportation

37. Bus terminal (SP)

38. Heliport (S)

39. Park and ride (SP)

40. Parking lot/garage (SP)

41. Train station (SP)

42. Transportation depot (SP)

43. Transportation service (SP)

44. Truck stop (SP)

 

 

Institutional

45. Church (SP/S)—See section 4.3.4

46. Crematorium (S)

47. Funeral homes (SP)

48. Community Hall (SP)

49. Rehabilitation facility (SP)

50. School, non-public (SP)

 

Accommodation

51. Hotel/motel (SP)

 

B. Lot, building and structure requirements:

1. Minimum lot size:

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

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

 

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

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

            b. Side yards—Ten feet.

            c. Rear yards—Ten feet.

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

 

3. Maximum structure height—40 feet.

 

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

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  8 -0

 

 

 

 

 

 

 

 

 

 

ITEM #2 HERON LAKE CAMPGROUND AMENDED SPECIAL REVIEW #14-Z1949:  Mr. Whitley provided background information on the request for an amendment to the Heron Lakes Special Review (File 97-ZR1045) to amend a number of conditions of approval and to amend the approved Site Plan located at 1910 Lakeside Resort Lane, Fort Collins, which was located east of the intersection of Taft Hill Road and Lakeside Resort Lane.  Mr. Whitley explained that the proposed Amended Special Review would amend conditions to allow:

·  Indefinite lengths of stay where 60 days is currently allowed;

·  Skirting of recreational vehicles;

·  Recreational vehicles up to 550 square feet (currently the limit is 399 square feet).

There were also changes proposed to the approved Site Plan to accommodate improvements that had already been completed.  The changes included:

·  The placement of eight cabins and one Park Model RV where tent camping had been approved;

·  To allow for the construction of a pergola; and

·  To allowed for the construction of a miniature golf course and two associated buildings.

In additional to the Park Model RV among the cabins, there were seven other Park Model RVs owned by the campground and available for rent.

He noted that according to the adopted FEMA maps, much of the southern end of the property, including the area approved for tent camping, was located in the 100-year flood fringe.  The Heron Lake Special Review contained a condition of approval that read, “All requirements of the floodplain regulations must be complied with.  All construction in the floodplain must be elevated per these regulations.  Further, it must be demonstrated to the County Engineering department’s satisfaction that anything placed in the floodway, including berms, fencing, or other site amenity will not cause a rise in the base flood elevation or in any other way increase the flood hazard for surrounding and other downstream properties.”

Mr. Whitley noted that the area identified for tent camping was never elevated above the base flood elevation and except for the pergola, all of the proposed changes to the Site Plan were within the 100-year flood fringe.  In addition to the camping spots displaced by the cabins and the Park Model RV, there were five other tent camping sites also in the flood fringe.  He noted that the issues were being addressed by the applicant and the Engineering Department.

 

Commissioner Cox asked if the minimum and maximum length of stay had to be adhere to the Land Use Code.

 

Mr. Whitley stated that the Land Use Code did not identify a minimum or maximum length of stay in a RV park.  The original Special Review did stipulate a length of stay, which was 30 days and then amended to 60 days.  He noted that the condition was applied to the RV park, which was generally not on other approved RV parks.  Removing a minimum or maximum length of stay would be consistent with the regulations.

 

Commissioner Christman asked what would occur if the flood fringe issues were not resolved.

 

Mr. Whitley stated that the applicants were addressing the flood fringe issues.

 

Eric Tracy, Engineering Department, stated that the structures were not in compliance in regards to elevation.  The applicant had stated that they would like to elevate them.  However, if the structures were not elevated then they would need to be removed.

 

 

Commissioner Wallace asked if the RV’s where set on a higher area since they too were in the flood fringe.

 

Mr. Whitley explained that the improvements in the flood fringe were the cabins, the one park model RV, two buildings associated with the miniature golf course, and the campsites, which needed to be elevated.  The vast majority of the site was outside of the 100 year flood fringe.

 

Chairman Glick mentioned that the review criteria for the application had been met.

 

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 Heron Lake Campground Amended Special Review, file #14-Z1949,  for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Heron Lakes Campground Amended Special Review, File #14-Z1949 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 Heron Lakes Campground Amended Special Review.

 

2.   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.

 

3.   The applicant shall resolve all flood fringe issue on the site to the satisfaction of the Larimer County Engineering Department within one year from the date of approval of the Amended Special Review.

 

4.   The applicant shall obtain all applicable outstanding building permits and inspection

approvals for all buildings within one year from the date of approval of the Amended Special Review.

 

5.   There shall be no minimum or maximum length of stay for guests.

 

6.   Skirting that does not prevent or hinder the immediate removal of the recreational

vehicle shall be allowed.  Skirting material and methods of attachment shall be evaluated and approved by Larimer County staff.

 

7.   The maximum size of recreational vehicles within the park shall be limited to 550

square feet.

 

8.   Park Model RVs that are available for rent within the campground must have a

current registration and vehicle license.

 

 

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

 

10.   In the event the applicant fails to comply with any conditions of approval or otherwise

fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

11.   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.

 

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

owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  8 -0

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 6:59 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

 

 

 

87084-00-030

 BEG AT PT WH BEARS SO 39' W 3634.25 FT, S 89 IS' E 30 FT FROM N 1 /4 COR

8-7-68, S 8915' E 150 FT, S 039' W 160 FT, N 89 15' W 150 FT, NO 39' E 160 FT TPOB

 

 

87084-00-031

BEG AT PT WH BEARS S 039' W 3794.25 FT, S 89 15' E 30 FT FROM N 1 /4 COR

8-7-68, S 89 IS' E 150 FT, S 0 39' W 162.1 FT, N 88 35' W 1 SO FT, N 0 39' E 160.35 FT TPOB

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

PAR IN SW 1/434-8-69 BEG AT S 1/4 COR, N 672.54 FT TPOB, S 79 7' 36" W 169.45 FT, S

88 33' 48" W 142.03 FT, N 45 2' 36" W 270.96 FT, N 87 35' 36" W 103.36 FT, N 87 54' 48" W

138.66 FT, N 88 14' 06" W 111.71 FT, N 4 35' 9" W 39.08 FT, N 20 47' 48" W 104.33 FT, N 11

3' 45" E 164.18 FT, N 81 4' 2" W 236.94 FT, S 89 21'44" W 142.82 FT, N 76 33' 8" W 76.05 FT,

N 0 4' 32" E 873.9 FT, E l311.98 FT, S 1393.16 FT TPOB CONT 35.5 AC MIL (SPLIT FROM

9834000012)