LARIMER COUNTY PLANNING COMMISSION

Minutes of November 19, 2014

 

The Larimer County Planning Commission met in a regular session on Wednesday, October 15, 2014, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Gerrard, Miller and Zitti were present.  Commissioner Wallace presided as Chairman.  Commissioners’ Glick, Dougherty, and Jensen were absent.  Also present were Terry Gilbert, Community Development Division Director, Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Karin Madson, Planner II, Tony Brooks, Code Compliance Inspector, Clint Jones, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to North Shields Sewer Line Location and Extent, Rawhide Solar Power Plant 1041, Vern’s Amended PD Rezoning, Lodgepole Investments Special Review, Atlas Tower Amended Special Review and Mountain Whitewater Descents 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 OCTOBER 15, 2014 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Gerrard.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Item #2  Rawhide Solar Power Plant 1041, file #14-Z1951, was moved to discussion as there were two members of the public that wished to discuss mineral interests on the site.

 

Development Review Staff recommended moving Item #4 Atlas Tower Amended Special Review and Item #5 Lodgepole Investments Special Review to the consent agenda.

 

CONSENT ITEMS:

 

ITEM #1  NORTH SHIELDS SEWER LINE LOCATION AND EXTENT  #14-Z1952:   Mr. Helmick provided background information on the request by the City of Fort Collins for the installation of a 21” sewer main from north of the Poudre River to a point north of Willox Lane, additionally there was a portion proposed north of Willox Lane 3700 feet, south of Highway 287.  Another portion south of the Poudre River will run south from the river to just north of the Arthur ditch, north of Vine Dr.  The original project included the construction north of Willox Lane.  This portion of the project is not being proposed for construction at the current time. 

 

Commissioner Wallace asked if there would be additional reviews, which should be made part of the conditions of approval.

 

 

Mr. Helmick explained that any wastewater line which would require a new easement 3 feet in width or greater or an additional 20 feet in width of easement beyond that of which was existing would require review under the 1041 permit process or Location and Extent review.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the North Shields Sewer Line Location and Extent, file #14-Z1952, subject to the following conditions:

 

1.   Approval of the line segment north of Willox Lane to a point 3700 feet north will require re-review of this segment if the project or its context change substantially before actual construction.

 

2.   All project construction activities must be coordinated with Larimer County Engineering and the North Shields Street Corridor Improvements Project Coordinator. 

 

Commissioner Gerrard seconded the Motion.

 

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

 

MOTION PASSED:  6-0

 

 

ITEM #3  VERN’S AMENDED PD REZONING #14-Z1947 :   Mr. Helmick provided background information on the request for to amend the current Planned Development (PD) zoning, which allow restaurants but not outdoor seating/patios.  The applicant was proposing to add a 40 seat outdoor seating area to the restaurant, which was located at 4120 County Road 54G, LaPorte.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Vern’s Amended PD Rezoning, file #14-Z1947, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

1.   The Planned Development zone shall be amended to include:

      Restaurant.  An establishment where the principal business is the sale of food and beverages in a ready-to-consume state. Fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use.

 

 

1.An outdoor seating area or outdoor food service requires approval through The Minor Special Review process.

2.Drive-in or drive-through service facilities requires approval through the Minor Special Review process.

 

2.   A separate Minor Special Review application must be reviewed and approved prior to commencement of the use. 

 

Commissioner Zitti seconded the Motion.

 

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

 

MOTION PASSED:  6-0

 

 

ITEM #4 ATLAS TOWER AMENDED SPECIAL REVIEW #14-Z1945 :   Ms. Madson provided background information on the request for an amendment to the Atlas Tower Special Review (file #12-Z1816) to include a revised cell tower location.  The request also included an appeal to the tower setback requirements in Section 16.1.3.A.3.b. of the Larimer County Land Use Code to allow the tower to be 19 feet from the rear property line rather than the 78 feet as required.  The site was located on the south side of West County Road 56E and west of County Road 21 (Overland Trail).  Ms. Madson noted that the item was heard before the LaPorte Area Plan Advisory Committee (LAPAC) where two citizens voiced their concerns regarding the proposal.  LAPAC recommended approval of the application.

 

Commissioner Wallace asked what would happen if the site was sold.

 

Mike Powers, applicant, noted that the two parcels were owned by the same owner.  A notice had been recorded with the Larimer County Clerk and Recorder for the parcel that was adversely effected by the lesser setback to notify of the agreement of that parcel would be burdened by the lesser setback.

 

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 Atlas Tower Amended Special Review, file #14-Z1945, and appeal to Section 16.1.3.A.3.b of the Land Use Code, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   This Amended 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 previously approved plan and with the information contained in the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 except as modified by approval of this Atlas Tower CMRS Amended Special Review File #14-Z1945, 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 Atlas Tower/AT&T CMRS Special Review and the Atlas Tower CMRS Amended Special Review.

 

3.   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

 

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 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.

 

6.   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.   All conditions of approval for the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 continue to apply.

 

Commissioner Gerrard seconded the Motion.

 

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

 

MOTION PASSED:  6-0

 

 

ITEM #5 LODGEPOLE INVESTMENTS SPECIAL REVIEW #13-Z1920 :   Mr. Whitley provided background information on the request for a Special Review for general retail, outdoor display and sales, professional office, trade uses and enclosed storage in the AP – Airport Zoning District and located at 7795 & 7801 SW Frontage Road, Fort Collins; approximately 670 feet southwest of the intersection of I-25 and Highway 392.  The request also included an a ppeal to Section 8.1.1.B.4 of the Land Use Code to utilize an on-site sewage treatment system in a Growth Management Area

 

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 Lodgepole Investments Special Review, file #13-Z1920, and appeal to Section 8.1.1.B.4 of the Land Use Code, for the property described on “Exhibit C” 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 Lodgepole Investments Special Review, File #13-Z1920 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 Lodgepole Investments Special Review

 

3.   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

 

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 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.

 

6.   County may conduct periodic inspections of the property and may review 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 pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

9.   The outdoor display and sales area adjacent to Building 3 shall be removed from the final site plan.

 

10.   The applicant shall demonstrate compliance with the fire protection level of service standards found in Section 8.1.4 of the Land Use Code and the requirements of the Windsor-Severance Fire Rescue district within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

11.   The applicant shall pay all applicable building permit fees, obtain all outstanding building permits/change of occupancy permits and obtain all required inspection approvals within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

12.   The property owner shall petition the City of Fort Collins for annexation of the two parcels within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  6-0

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEMS:

 

ITEM #2  RAWHIDE SOLAR PLANT 1041 #14-Z1951 :   Mr. Helmick provided background information on the request by Platte River Power Authority (PRPA) for a 1041 permit to install photovoltaic solar panels on approximately 185 acres located at 2700 County Road 82, north of Wellington at the Rawhide Power Plant site.  The number and type of panels have yet to be determined but the site will generate up to 30 MW of electrical power.  The site was a part of the overall Rawhide Power Generating station, which currently included a 250MW coal fired power plant and gas turbine generators.  The power produced at the site would be integrated into the electrical system operations at the existing substation switchyard at the power plant site.  He noted that County Road 9 was proposed to be vacated; however, the issue was still being worked out to allow access to surrounding property owners.  If the vacation did not occur, the layout of the solar panels would be altered to avoid panels being placed in the right-of-way.  In addition, the applicant was willing to work with mineral interests at the time mineral extraction might occur.

 

Joe Wilson, counsel for Platte River Power Authority, stated that they were working on vacation of County Road 9 with landowners and the City of Fort Collins.  He spoke to the mineral interests on the site and stated that they were willing to work with entities regarding access.

 

PUBLIC TESTIMONY:

Mr. Bothun stated that he had no objections to the project proposal.  He stated that his family had owned property in the area for decades.  He stated that the land had been leased many times and felt that it could be difficult to lease or sell the property in the future.  He asked that a Surface Use Agreement be executed immediately for the 10 acre footprint on the quarter section where they owned the mineral interests along with adequate access. 

 

Commissioner Gerrard asked if they considered selling their mineral rights.

 

Mr. Bothun stated that they were willing to sell given the right price.

 

Mr. Wilson stated that they were willing to enter into a Surface Use Agreement at the appropriate time, which was usually executed at the time of the oil and gas production.  He did not believe that the agreement was appropriate at the current time but were willing to discuss the issue further.  He felt that a 10-acre footprint was unreasonable and that there was ample opportunity for the minerals to be extracted.  He stated that they were willing to allow access for the mineral rights and were willing to work with the Bothuns regarding access. 

 

Commissioner Cox did not believe the issue was within the Commission’s pervue.

 

Commissioner Miller agreed.

 

Mr. Lafferty suggested adding a condition of approval to allow the applicant and affected mineral interest owners to work towards an agreement prior to the Board of County Commissioner hearing.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Rawhide Solar Plant 1041, file #14-Z1951, subject to the following conditions and added condition 6:

 

1.   The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the RAWHIDE SOLAR POWER PLANT 1041 Permit File # 14-Z1951 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 RAWHIDE SOLAR POWER PLANT 1041 Permit File # 14-Z1951.

 

2.   Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.

 

3.   Conduct an evaluation for the possible conflicts with the cultural resources identified.

 

4.   Site Fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.

 

5.   The site plan shall be revised to reflect, if the Board of County Commissioners does not approve vacation, the ROW for CR9 and maintain any required setbacks.  This revision shall not require further review by the Larimer County Planning Commission.

 

6.   The applicant and mineral interest owners shall continue to work toward a Surface Use Agreement prior to the Board of County Commissioners hearing on December 8, 2014.

 

Commissioner Gerrard seconded the Motion.

 

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

 

MOTION PASSED:  6-0

 

 

 

 

 

 

 

 

 

 

ITEM #6 MOUNTAIN WHITEWATER DESCENTS SPECIAL REVIEW #14-Z1926 :   Ms. Madson provided background information on the request for a Special Review to allow the existing Rafting Business to be expanded to include a bar/tavern and restaurant with outdoor seating and live music venue, community hall (wedding and other special events), and an outdoor play area.  The site was located on the south side of Highway 287, approximately ½ mile west of North Shields Street.  The request also included an appeal to Land Use Code Section 8.2.8. to allow development in wetlands areas and buffer areas along with 1:1 wetland replacement and mitigation, which the Development Services Team was recommending approval of subject to conditions. 

 

Ms. Madson explained that the property was the site of the existing Mountain Whitewater Descents rafting business that was approved by Special Exception in 2001 and noted that the 12.77 acre property was recently rezoned from FA-Farming to PD-Planned Development.  The request was to allow Mountain Whitewater Descents to expand the existing approved rafting business to include additional commercial uses.  The expansion included a bar/tavern, restaurant with outdoor seating and live music venue, community hall with weddings, other events and an outdoor recreation area.  Outdoor music events were proposed to be seasonal (May through October).  The proposed schedule included 2 events per month with 1200 people, 6 events per month with 500 people, 8 events per month with 200 people and 8 events per month with 100 people.  Hours of operation for the events would be 5 p.m. till 9 p.m. on weekdays and 6 p.m. till 11 p.m. on weekends. The applicant’s current site plan also included the use of shipping containers for enclosed storage, which did not Special Review approval.   She noted 5 main concerns that arose from the review:  noise, sewer extension, traffic impacts, neighbor concerns, and wetland impacts.  The Development Services Team was recommending approval of the application.

 

Commissioner Cox asked that the noise concerns be addressed.

 

Doug Ryan, Health Department, stated that the applicant would need to control the volume of the music, the orientation of speakers, the type of band, and would need to install berms/barriers  to help limit the noise to the surrounding property owners to a maximum of 50 decibels, the maximum decibels allowed by the Larimer County noise ordinance. 

 

Commissioner Miller asked about the structure plan for the City of Fort Collins.

 

Ms. Madson stated that some of the City of Fort Collins recommendations were incorporated into the rezoning application along with the present application.  The main focus was to try to maintain the existing character of the business.  A condition was included with the proposal to address the strategies during the Site Plan Review process to help address the City’s concerns.

 

 

 

 

 

 

 

Brad Modesitt, applicant and owner of Mountain Whitewater Descents, spoke to the history and character of the business.  He explained that they had applied for the liquor license in 2011.  He mentioned that the compatibility with the neighborhood was a main concern and noted that in 4 years of offering music no complaints had been made to Larimer County.  He felt that the project would bring more tourists and dollars to the community and more people to the northern part of the city.  He noted several other businesses that had live music and noted that their setbacks from the surrounding property lines were less than their setback would be.  He noted that the closest property line would be 100 feet; however, that was his residential property.  He also mentioned that the traffic added to Highway 287 would be minimal and that they were willing to mitigate any dust that may arise.  He stated that there were concerns regarding property values decreasing, which he did not believe would occur as property values were not currently high in the area.  He felt that the proposal would be a positive addition to the community.

 

Commissioner Cox asked that the issues regarding parking be addressed.

 

Mr. Modesitt stated that there was a concern that there was not adequate parking.  The concern had been evaluated, and it was proposed to have 300 parking spaces and an area for overflow.  He noted that they had a lot of bicycle traffic and were proposing an area to park bikes. 

 

Jeff Kwolkoksi, Wave Engineering, worked with the applicant to address and mitigate sound.  He stated that they assessed the ambient sound (traffic, etc.) in the area without the proposed activity.   They also assessed how much sound would be produced from the proposed use and measured sound from a band playing at the site with no mitigation in place.  A model was also used to predict the sound levels with no mitigation, which showed it would exceed the ambient noise and Larimer County noise standards.  As a result, measures were taken to help with sound mitigation of the site.  Those mitigation measures would be to address the orientation of the stage, placing barriers by the stage and along property lines, and having an in-house sound system.  He also mentioned that the applicant would have to consider the type of bands hired as part of their sound mitigation to help control the sound levels.

 

Commissioner Christman asked if he was comfortable that the site could meet the noise standards/levels with the proposed mitigation.

 

Mr. Kwolkoksi replied yes.

 

PUBLIC TESTIMONY:

Mark Morehouse, was in support of the application and mentioned that the applicants were long term positive community members.

 

 

 

 

 

 

 

 

Erin Petrilli, one of the landowners of the properties immediately south of the site, felt that the business was a good neighbor; however, there was a major concern of noise.  She also mentioned that there were livestock in the area and worried about the mitigation of the noise and large crowds.  She was worried about having 1200 people on site with concerts and alcohol and wondered how that crowd would be controlled.  She wanted a plan put in place to address those concerns.  In addition, there was concern regarding adverse affects to the property values.  She mentioned that there was a history with the irrigation ditch but wondered if other issues would arise if the land was developed around the ditch.  The main concerns were a venue of the proposed size and the number of people proposed, which was out of character for the surrounding rural properties. 

 

Jessica R, property owner in the City of Fort Collins, supported the proposal.  It was a place that brought economic development to the county.  The site was proposed to be developed more towards the highway, which would help the mitigation from the properties to the south.  She felt that the proposal was important for the community to allow the opportunities for locals and tourists. 

 

Linda Box, owned property next to the applicants’ property and stated that they were good neighbors and had never had issues with the noise.  She stated that the county needed this type of venue for the people of the community. 

 

Mike Battagli, resident of Fort Collins, spoke about the venue and felt that it was a good location and was family oriented.  He felt that the wetland mitigation would be addressed by the applicant, and he was in support of the project.

 

Simon Lawler, former employee, stated that the applicant/owner was a great entrepreneur and business man.  He felt that the owner would do his best to address any and all concerns.

 

Andrew Deming, employee since 2008, spoke about the business and supported the project.

 

Brandi Barela, patron of the business, stated that it was a unique setting that was a family oriented venue.  She stated that LaPorte needed a place like it in the community and was in support of the project.

 

Cheryl Gorske, lived near the site, loved the venue and was never affected by the noise.  She felt that they were great neighbors and supported the project.

 

Jennifer Hayes, supported the project.  She explained that she used to live on the north side of town and frequented the site.  She noted that it was a safe and family oriented place, was unique to the area, and would support economic development in the area. 

 

Laura Loritz, employee of the last 8 years, spoke to the owners concerns to help mitigate the noise and his desire to help protect the surrounding properties from the noise.  She noted that it was a family friendly business.

 

 

John Jablanski, lived 4 houses away from the business and agreed with the previous comments about it being family friendly venue.  He was a home owner on Highway 287 and was happy that the business was located in the area as it was a positive place that would help the area.  He also believed that it would raise the property values along the Highway 287 corridor.

 

Alan Miller, spoke to the family friendly atmosphere.

 

Julian Jablonski, agreed that it was family friendly, good for property values, and good for Fort Collins.

 

Austin E, lived near the site, agreed with previous comments and also felt that the adverse impacts could be addressed.  He was in favor of the project.

 

Mr. Modesitt reiterated that it was a family friendly business.  He stated that the property line to the south would be fenced and measures would be taken to mitigate the crowds and noise.

 

Commissioner Cox asked about the water.

 

Ms. Madson explained that the Little Cache Ditch was requesting that their facilities be placed in an easement, which would occur during the Site Plan Review process.  In addition, property owners to the south of the subject site asked that their water delivery be insured.  As a result, Condition #10 was included to address that issue.  She also noted that Condition #12 in the staff report was in error and should be deleted.

 

Ms. Petrilli stated that there were concerns that the venue would be expanded onto the property owners residential parcel pushing the use farther to the south.

 

Commissioner Cox believed that the current owners would abide by the sound and noise concerns.  Her concern was if the property was sold and there was a new owner. 

 

Mr. Ryan stated that Condition #3 addressed that issue.  The owners must comply with the approved plan, approved sound levels, and the noise ordinance.

 

DISCUSSION:

Commissioner Miller liked the proposal for the Highway 287 corridor and felt the neighbor concerns could be addressed.  He stated that he would like the issues worked out with the ditch company.  He was in favor of the proposal.

 

Commissioner Christman stated that they had tried to address the concerns but understood that there was still more work to be done as there were several conditions of approval to be addressed.

 

 

 

 

 

Commissioner Zitti stated that his main concern was the noise but after explanation he felt that it could be addressed.  He did not believe that trespassing would be a big issue with the layout of the proposal.  He felt that the use fit in the area, would increase the value in the area, and provide a service to the area.

 

Commissioner Gerrard stated that he was in favor of the project.

 

Commissioner Cox asked if the Army Corps of Engineer was involved.

 

Ms. Madson explained that a wetland delineation was submitted.  It was accepted by the Army Corps. of Engineers as a none jurisdictional wetland, which meant that it was not regulated by them but by the Larimer County Land Use Code.

 

Commissioner Wallace felt that the proposal was too big.  She felt that a proposal of 2 events of 1200 people, 6 events per month with 500 people, 8 events per month with 200 people and 8 events per month with 100 people was an incredible impact as the site did not support that number of people.  She felt that it would be better if the proposal was scaled down, which would help with the noise, etc.  She thought that it was great to have a place to gather but it was not compatible with the area.  She did not feel that the size of the area could be supported for the proposed number of people.

 

Clint Jones, Engineering Department, stated that the applicant submitted a traffic study which supported the proposed parking lot size.  He noted that at Site Plan Review, the parking would be examined in more detail. 

 

Commissioner Cox stated that if overflow parking was being projected then the overflow site should be shown on the plan and should be paved with an all-weather surface.

 

Commissioner Wallace stated that there was not a sewer system to support the proposal.

 

Mr. Ryan stated that the project could not move forward until there was public sewer.  He explained that it was in the Growth Management Area, which required the provision of public sewer for development.  The applicant had not requested or received an appeal from that requirement.  The applicant had asked if there could be an interim solution for the site if at a point in time the sewer was scheduled but not completed.  He explained that at the Site Plan Review stage it could be considered but only if the city sewer project and the extension by the private property owners to that city sewer project were scheduled and plans approved.  In that case there might be the availability to use a vault in the interim while the sewer was being constructed and connected.  He reiterated that septic systems would not be approved or allowed due to the intensity of the use. 

 

Commissioner Cox suggested that any deviation from the sewer requirement be only a short term solution.

 

 

 

Mr. Ryan agreed that it was a serious issue and mentioned that Condition #7 addressed concerns with the sewer.

 

Commissioner Gerrard 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 Mountain Whitewater Descents Special Review, file #14-Z1926, for the property described on “Exhibit D” to the minutes, with deleted condition #12 and 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.   Site Plan Review and approval is required prior to the expansion of the current use on the property.

 

3.   The Site shall be developed consistent with the approved plan and with the information contained in the Mountain Whitewater Descent Special Review File #14-Z1926) 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 Mountain Whitewater Descent Special Review.

 

4.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 120 days of Site Plan Review approval or prior to building permit issuance, whichever occurs first.

 

5.   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

 

6.   The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to the commencement of the use and no later than February 16, 2015. 

 

7.   Prior to final approval of  Site Plan Review application(s) the following shall be completed:

a) The City’s sewer main extension project is authorized and scheduled;

b) Plans for the applicant’s sewer line connection the new main are approved; and

c) The timeline for the sewer line is established with completion to occur prior to the need for a building permit certificate of occupancy.

 

 

 

8.   Prior to commencing the use the applicant shall adequately address the concerns indentified by the Fire Department in their referral comments from Jim Lynxwiler, dated April 4, 2014 and the follow-up comments dated August 7, 2014.

 

9.   The location of all proposed buildings (including the new building and the storage containers) shall be adjusted so that they meet required setbacks.

 

10.   Easements for the Little Cache irrigation ditch crossing the property will need to be dedicated and shown on the site plan at the Site Plan Review.  Additionally the Site Plan Review application shall demonstrate that there are adequate facilities and easements to ensure delivery of irrigation water through the development area to the properties located south of the development.

 

11.   Landscape site design shall be revised at the site plan review stage to address and incorporate as many of the comments # 10 thru #20 from Clark Mapes at the City of Fort Collins (refer to memo from Ryan Mounce, dated August 6, 2014) as practicable.

 

12.   Comments were also received from an attorney representing property owners to the south of the properties owned by the Modesitt’s.  In their comments they request that the applicant replace the existing open ditch with underground irrigation pipes to ensure delivery of water they own to the property owners hay fields.  Staff has included a condition of approval to address this issue

 

13.   Prior to approval of a Site Plan Review application the applicant shall develop a wetlands mitigation plan for 1:1 replacement of disturbed wetland areas.  That mitigation plan will need to be reviewed by a third party consultant (to be paid for by the applicant per LUC Section 8.01.A.)  The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

 

14.   The Highway 287 improvements identified in the applicant’s traffic study consisting of an eastbound right turn lane and westbound left turn lane adjacent to the site shall be completed prior to the commencement of the expanded use of the property. 

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Christman, Cox, Gerrard, Miller, and Zitti voted in favor of the Motion.

 

Chairman Wallace voted against the Motion.

 

MOTION PASSED:  5-1

 

 

 

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval the appeal to Section 8.2.8 of the Larimer County Land Use Code, subject to the following conditions:

 

1.   The applicant shall develop a wetlands mitigation plan to for Staff review and approval. The plan shall also be reviewed by a third party consultant as provided for in Section 8.01.A of the Land Use Code.  All costs for the consultant will be paid by the applicant.

 

2.   The applicant shall provide mitigated wetlands on a 1:1 basis.  Mitigated wetlands will extend onto the applicant’s adjacent property to the south. 

 

3.   The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

 

Commissioner Miller seconded the Motion.

 

Commissioners’ Christman, Cox, Gerrard, Miller, and Zitti voted in favor of the Motion.

 

Chairman Wallace voted against the Motion.

 

MOTION PASSED:  5-1

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 9:16 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 

 

.

LOT 3, VERNS PLD – FILE NO (04-S2288) (20060045083)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

A TRACT OF LAND SITUATE IN THE E 112 OF SECTION 18, TOWNSHIP 8

NORTH, RANGE 69 0 WEST OF THE 6TH P.M., COUNTY OF LARlMER,

STATE OF COLORADO, WHICH, CONSIDERlNG THE EAST LINE OF SAID

SECTION 18 AS BEARlNG DUE SOUTH AND WITH ALL BEARlNGS

CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE

BOUNDARY LINES WHICH BEGIN AT THE E 114 CORNER OF SAID

SECTION 18 AND RUN THENCE SOUTH 1320.00 FEET; THENCE N 18° 58'

W, 716.90 FEET; THENCE N 25° 59' W, 650.80 FEET; THENCE S 83° 0 56' W,

330.00 FEET; THENCE NOlo 30' W, 292.72 FEET TO A POINT ON

THE D SOUTHERLY RlGHT OF WAY LINE OF AN EXISTING COUNTY

ROAD; THENCE N 87° 57' E, D 854.49 FEET TO A POINT ON THE EAST

LINE OF SAID SECTION 18; THENCE SOUTH :::J 231 . 30 FEET TO THE

POINT OF BEGINNING. 0 D EXCEPT THAT PORTION CONVEYED TO

STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS, STATE

OF COLORADO, RECORDED NOVEMBER 10, 1986 AT RECEPTION

NO. 86065531.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

 

Parcel 86222-47-702

Track B, Fossil Creek Farm MLD 00-S1539

 

Parcel 86222-47-701

Tract A, Fossil Creek Farm MLD  00-S1539

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT D

 

A Tract of land located in the Northwest Quarter of Section 34, Township 8

North, Range 69 West of the 6th Principal Meridian, County of Larimer, State

of Colorado, being the same Tract of land and being more particularly

described as follows:

 

Commencing at the Northwest corner of said Section 34,

Thence along said North section line N90 ° 00'00''E, 1308.68 feet to east 1/16

corner of Section 27 and 34 and, thence S90 ° 00'00''W, 23.2020 feet, thence

S89°00'58"E, 50.00 feet to the point of beginning;

Thence S89°00'58"E, 198.07 feet;

Thence S43°22'00"E, 194.84 feet;

Thence S58°13'00"E, 230.41 feet;

Thence S44°23'00"W, 387.99 feet;

Thence S89°54' 52"W, 689.17 feet;

Thence N00 ° 05'08"E, 737.34 feet;

Thence, N90 ° 00'00''W, 629.80 feet MORE OR LESS;

 

Said Tract contains 12.77 acres (556,265.5221square feet) more or less and is

subject to any rights-of-way or other easements as granted or reserved by

instruments of record or that currently exist on said described tract of land.