LARIMER COUNTY PLANNING COMMISSION

Minutes of December 16, 2015

 

The Larimer County Planning Commission met in a regular session on Wednesday, December 16, 2015, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Gerrard, Miller, and Wallace were present.  Commissioner Glick was absent.  Commissioner Jensen presided as Chairman.  Also present were Matt Lafferty, Principal Planner, Rob Helmick, Senior Planner, Karin Madson, Planner II, Eric Tracy, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Recording Secretary. 

 

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 NOVEMBER 18, 2015 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Gerrard.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

MOTION by Commissioner Dougherty to move Item #3 Front Range Redi Mix Special Review to the consent agenda, seconded by Commissioner Cox.  This received unanimous voice approval.

 

CONSENT ITEMS:

 

ITEM #1  CAMPION ACADEMY MASTER PLAN SPECIAL REVIEW  #15-Z1950:   Ms. Madson provided background information on the request for a Special Review for a Master Plan for the Campion Academy Campus located at 300 W. 42nd Street in Loveland.  The campus master plan would include the existing educational, religious, residential, recreational, agricultural and industrial facilities/uses, along with a plan for a 2500 sq. ft. expansion of the church/fellowship hall.  No buildings were anticipated to be removed.  Any further plans for expansion would require further evaluation and an amendment to the Special Review approval.

 

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 the Campion Academy Master Plan Special Review, file #15-Z1950, for the property described on “Exhibit A” 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 Campion Academy Master Plan Special Review, File #15-Z1950 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 Campion Academy Master Plan 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.   Future expansion and building permits applications shall address and comply with the requirements outlined by the Loveland Fire Rescue Authority as detailed in the memo from Carie Dann, Deputy Fire Marshall, dated Oct. 29, 2015.

 

9.   The applicant shall supply the County with an executed deed of dedication for ½ width (40 feet total) right-of-way along 42nd Street, as required by Land Use Code Section 9.7, within 120 days of approval.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7-0

 

ITEM #2  NORTHWIND FARM SUBDIVISION  #15-S3335:  Mr. Helmick provided background information on the request to subdivide 42 acres into two lots, one of ten acres and one of 32 acres, which was located on the north side of County Road 56 along Dry Creek at 1628 W. County Road 56, Fort Collins.

 

Commissioner Wallace asked if there would be a restriction on further subdivision of the 30+ acres.

 

Mr. Helmick replied there was not a restriction at the present time.

 

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 denial of the Northwind Farm Subdivision, file #15-S3335, for the property described on “Exhibit B” to the minutes, subject to the following condition:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Northwind Farm Subdivision Preliminary Plat file #15-S3335, 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.

 

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.   Additional ROW shall be dedicated on CR 56, as request by the Engineering Department. 

 

7.   A crossing agreement and bridge approval from the Jackson Ditch shall be obtained prior to finalizing the Final Plat.

 

Commissioner Dougherty seconded the Motion.

 

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

 

MOTION PASSED:  7-0

 

 

 

ITEM #3  FRONT RANGE REDI MIX SPECIAL REVIEW  #15-Z1983:  Mr. Helmick provided background information on the request for a Special Review for a concrete batch plant in the I-Industrial zoning district and located off of County Road 9, north of the Big Thompson River.  Mr. Helmick explained that the site had been in operation for the past 18 years, and the current application was the result of court action and an order requiring the applicant to submit and receive approval of a Special Review. 

 

Commissioner Wallace asked if reclamation of the site should be required.

 

Mr. Helmick explained that it was a stand alone business use.  No mining occurred on the property.

 

Commissioner Cox asked if Colorado Parks and Wildlife commented on the proposal.

 

Mr. Helmick replied yes.

 

Commissioner Gerrard asked about the floodplain.

 

Eric Tracy, Engineering Department, stated that the site was located in the floodway of the Big Thompson River, and it was not a permitted use within the floodway.  As a result, the use went before the Flood Review Board where the use was approved with certain conditions. 

 

Commissioner Jensen asked what brought about the Special Review request.

 

Mr. Helmick replied stated that the site had been in existence for 15-18 years without proper approval.  He stated that a user of the State Wildlife area brought it to the attention of Staff as they had concerns of discharge on the site.

 

Commissioner Gerrard asked about the vault on the site.

 

Doug Ryan, Health Department, explained that the County Board of Health approved a variance for the sealed vault sewer system along with some other requirements.  He also stated that the current vault was never permitted.

 

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 Front Range Redi Mix Special Review, file #15-Z1983, 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 Front Range Redi Mix Special Review file # 15-Z1983 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 Front Range Redi Mix Special Review file # 15-Z1983

 

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.    The applicant shall obtain any and all necessary State and Federal permits for the use, including but not limited to storm water discharge and air pollution.

 

 

9.    The applicant shall submit a landscape transition plan for approval within 45 days of approval. 

 

10.   All development on site shall comply with the requirements of the Floodplain Development permit.

 

11.   The applicant shall submit a perimeter-fencing plan, which responds to the comments from CDPW.  Upon approval of the plan, the fence shall be installed within 90 days of approval.

 

12.   The applicant shall dedicate the additional ROW as identified by the Engineering Department.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  7-0

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:00 p.m.

 

 

 

 

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

_______________________________                      ______________________________

Jeff Jensen, Chairman                                                 Mina Cox, Secretary

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 8 NORTH,

RANGE 69 WEST OF THE 6TH P.M., LYING EAST OF THE UNION PACIFIC RAILROAD

RIGHT OF WAY, EXCEPTING THEREFROM THAT PORTION CONVEYED IN BOOK 481 AT

PAGE 250, DESCRIBED AS FOLLOWS:

ALL THAT PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE

SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE

6TH P.M., INCLUDED BETWEEN LINES PARALLEL WITH AND DISTANCE RESPECTIVELY

50 FEET AND 100 FEET EASTERLY, AT RIGHT ANGLES, FROM THE CENTER LINE OF

THE MAIN TRACK OF THE UNION PACIFIC RAILROAD AS SURVEYED, LOCATED AND

STAKED OUT THROUGH, UPON, OVER AND ACROSS SAID SECTION 15;

ALSO EXCEPTING THAT PORTION CONVEYED IN BOOK 195 AT PAGE 147, DESCRIBED

AS FOLLOWS:

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 8

NORTH, RANGE 69 WEST OF THE 6TH P.M., LYING SOUTHEAST OF DRY CREEK;

AND EXCEPTING A TRACT OF LAND SITUATED IN THE SW 1/4 OF SECTION 15,

TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE

OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH LINE OF SAID SW 1/4 AS BEARING N90'00'OO"W, AND ALL

BEARINGS CONTAINED HEREIN RELATIVE THERETO:

BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 15; THENCE N 90'OO'OO"W,

389.36 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1 /4; THENCE N 06'19'20"

W, 30.18 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF A COUNTY ROAD;

THENCE N06'19'20"W, 651.38 FEET; THENCE N90'00'00" E, 451.42 FEET; THENCE

SOO'OO'OO"E, 34.58 FEET MORE OR LESS TO THE CENTERLINE OF DRY CREEK;

THENCE FOLLOWING THE CENTERLINE OF DRY CREEK BY MEANS OF THE FOLLOWING

COURSES: S83"10'38"W, 136.00 FEET; S75'15'57"W, 95.77 FEET; S21'02'27"E, 114.73

FEET; N81'53'15"W, 124.29 FEET; S46'22'36"W, 101.26 FEET; S11"19'45"E, 115.22

FEET; S40'31'08"E, 89.52 FEET; S81'30'20"E, 69.01 FEET; S21'18'44"E, 161.90 FEET;

THENCE S61'22'21"E, 187.36 FEET MORE OR LESS TO A POINT ON THE NORTHERLY

RIGHT OF WAY OF SAID COUNTY ROAD; THENCE SOO'OO'OO"E, 30.00 FEET TO THE

POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

COM AT CEN 1/4 COR 20-5-68, TH ALG E LN OF SE 1/4 OF NW 1/4 114.63 FT TPOB, W 320 FT, N 313 FT, E 320 FT, S 313 FT TPOB CONT 2.299 AC M/L (NC29N00E)