LARIMER COUNTY PLANNING COMMISSION

Minutes of December 17, 2014

 

The Larimer County Planning Commission met in a regular session on Wednesday, December 17, 2014, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller and Zitti were present.  Commissioner Gerrard was absent.  Commissioner Wallace presided as Chairman.  Also present were Terry Gilbert, Community Development Division Director, Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Savanah Benedick, Planner II, Clint Jones, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Reeves Acres Subdivision and Tapestry House Amended 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 NOVEMBER 19, 2014 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1  SPRING CANYON WATER AND SANITATION LOCATION AND EXTENT  #14-Z1957:   Mr. Helmick provided background information on the request for Location and Extent Review for 9000 feet of new 8’ water line, two -25,000 gallon water tanks and replacing a 200,000-gallon water tank located southwest of Fort Collins, west of the western terminus of Trilby Road, over the hogback to Stout and in to the Horsetooth area.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Spring Canyon Water and Sanitation Location and Extent, file #14-Z1957, subject to the following conditions:

 

1.   Follow the Larimer County Best Management Practices for pipeline construction; this shall include plans for revegetation of disturbed areas.

 

2.   The applicant shall coordinate all bores/crossings of the local and county roads affected by the route and obtain all necessary permits and permissions. 

 

3.   The applicant shall obtain all necessary and required municipal, State and Federal permits for the construction of the pipeline.  This includes any floodplain or other permits.

 

4.   The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval.  Significant alterations to the route shall be evaluated by the County prior to commencing activity, and may be subject to further review.

 

Commissioner Cox  seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

ITEM #2  KILPECKER COMMUNICATIONS LOCATION AND EXTENT #14-Z1948 :   Mr. Helmick provided background information on the request for Location and Extent Review for a 70-foot communications tower, support facilities and road and power line to the site for Larimer County, which would be located south of Deadman Road off of Forest Service Road 300, west of Red Feather Lakes.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Kilpecker Communications Location and Extent, file #14-Z1958, subject to the following conditions:

 

1.   A Final Site Plan review will be necessary prior to the acceptance of building permit or development permit applications. 

2.   All additional permits for roadway and power line construction as necessary shall be obtained prior to construction.

3.   Building Permits or reviews as required for construction of the tower and the subsequent attachment of any antenna or arrays shall be obtained prior to the commencement of any construction activity.  

 

Commissioner Cox seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

ITEM #3 REEVES ACRES SUBDIVISION #14-S3254 :   Mr. Helmick provided background information on the request to subdivide 35.75 acres into two lots: one of 5 acres and another of 2 acres for single-family residential and a residual lot of 28+ acres located o n the south side of CR 58 adjacent to Boxelder Creek south east of Wellington.

 

 

 

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 Reeves Acres Subdivision, file #14-S32545, 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 Reeves Acres Subdivision Preliminary Plat file #14-S3254, 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.   Complete the necessary property line issues to correct encroachments and setback issues prior to the final plat.

 

Commissioner Miller seconded the Motion.

 

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

 

MOTION PASSED:  8-0

 

 

ITEM:

 

ITEM #4  TAPESTRY HOUSE AMENDED SPECIAL EXCEPTION #14-Z1939 :   Ms. Benedick provided background information on the request to modify conditions 2, 8 and 11 of the previously approved Randolph Special Exception, File No. 03-BOA0426.  The property was  located at 3212 N. Overland Trail, LaPorte.  The following were the proposed changes to the above mentioned conditions of approval:

 

Condition #2: Original: “The property shall be owner-occupied for the effective life of the Special Exception”; Proposed: “The property shall be owner-occupied or manager-occupied for the effective life of the Special Exception.” 

 

Condition #8: Original: “The maximum number of vehicles for a single day shall be no more than 50.”  Proposed:The maximum number of vehicles for a single day shall be no more than 100.” 

 

Condition #11: Original: “The existing apartment in the upper level of the barn shall be converted from a dwelling to an accessory use acceptable to the Zoning Code enforcement officer”; Proposed:The existing apartment in the upper level and east side of the barn has been fully permitted as a dwelling for the owners and/or future managers of the business.”

 

Added Condition #12: New Proposed Condition: “The Tapestry House shall be approved for accessory overnight accommodations for up to 12, for wedding/event clients.” 

 

Ms. Benedick explained that an expanded parking lot for overflow parking as well as a parking lot for event staff and the owners was proposed to be added.  Currently there were 66 paved parking spaces for the venue.  The proposal was to add 26 more unpaved parking spaces.  In addition, the applicant was requesting an appeal to Section 8.6.3.C.1 of the Land Use Code regarding paving those two additional parking areas.

 

Commissioner Dougherty asked how many parking spaces were originally approved. 

 

Ms. Benedick stated that 50 parking spaces were originally approved. 

 

Commissioner Dougherty asked if the extra 16 spaces had received approval.

 

Ms. Benedick stated that there had not been an additional approval for the extra parking spaces.

 

Matt Lafferty, Planning Department, explained that there had been an area for RV parking; however, overtime it was found that the area was not being utilized so additional parking spaces were added. 

 

Commissioner Dougherty asked if the proposal was adequate for fire truck turn around radius with the added spaces on the east side of the parking lot.

 

Ms. Benedick stated that the fire department commented and had no issues with the proposed overflow parking area.  She did not have any comments about the current parking spaces that were added to the east.

 

Commissioner Dougherty asked how many vehicle trips per day would trigger a turn lane off of Overland Trail.

 

Clint Jones, Engineering Department, explained that it was based on a design hour (30th highest hour), which meant that 50 right turns would need to be exceeded 30 times a year to warrant a north-bound right turn lane.  A traffic study was completed that indicated it would be under that threshold.

 

Bobby Randolph, owner of Tapestry House, stated that some of extra parking spaces had been there for at least 8 years.  She mentioned that the fire department did come out twice a year for inspections and had never mentioned any problems with the turn radius for the fire trucks.  She stated that she was asking for the appeal because she did not want to approve the additional parking as a seasonal use that would be allowed for 30 events or only in a 6 month time frame.  She stated that most of the proposal was housekeeping issues that needed to be cleaned up to match what was and had been occurring on the property.  She mentioned that she was not trying to expand the current operation.  She also mentioned that she had obtained the appropriate permits to reside in the barn, which they had been doing since 2004.

 

Commissioner Wallace asked if the east parking lot designated for staff /owners would be used if all proposed 100 vehicles came to one event. 

 

Ms. Randolph stated that only 92 guest vehicles would be allowed with the other 8 vehicles for staff/vendors.  She did state that there was sign up identifying the staff parking area, which would be off limits for guests to use.  She pointed out that many other event venues did not have paved parking, and she had the majority of her parking lot paved.

 

Commissioner Jensen asked how the venue could stay in compliance with 100 vehicle trips if there was more than one event per day.

 

Ms. Randolph explained that the need for parking for 100 vehicles would mean an event in excess of 266 people, which they did not have.  She stated that they advertised for 225 guests but rarely got those numbers.  She stated that the parking lot for 50 cars was adequate for 85% of the events.  She stated that she did not have the need to park 100 cars but was just asking for that number so she did not become out of compliance and receive a complaint filed on the site.  She explained that vehicle trips were counted utilizing the number of 2.75 guests per car; therefore, 100 cars would equal 275 guests and there were never events that large held on site. 

 

Commissioner Jensen felt that the number of 100 could easily be tripped and wondered why 100 trips was chosen and not a slightly higher number.

 

Ms. Randolph stated that the 100 vehicle trips per day was the threshold that was the original goal 10 years ago when the original application was approved.

 

 

 

 

 

 

 

PUBLIC TESTIMONY:

Randy Pope, stated that he did not feel all of the information provided added up.  It seemed that the venue was holding 145 events a year and questioned the number of parking spaces provided.  Past approvals were required to provide enough parking for the maximum number of guest that could be at the site.  He mentioned that if the Tapestry House advertised for 225 guests it would require 90 parking spaces, which was not proposed.  He also mentioned that there would be parking on Overland Trail when the guest numbers were high.  He also found it interesting that they had been operating out of compliance for many years.  He hoped that more clarity and continuity with the approval of events centers could be achieved.

 

Ms. Randolph stated that cars would not park on the street during events.  She stated that one time a year they held a bridal show where they did have people parking on the street but clarified that it was not one of their events, it was a special event.  She mentioned that she had car counted every car for a month to have actual numbers for the engineer to work off of.  She stated that as a business you had to plan for the biggest event but that biggest event rarely happened.

 

DISCUSSION:

Commissioner Dougherty asked about the fire sprinkler requirements between the county regulations and the fire department regulations.  He asked if fire sprinklers would be required.

 

Mr. Lafferty stated no and explained the rational behind the accessory accommodation use associated with the event center.

 

Commissioner Jensen asked if there would have been different requirements if the number of vehicle trips asked for was over 100.

 

Mr. Jones stated that it appeared that the applicant was not trying to increase the level of activity, just trying to accommodate what was currently happening at the site.  He noted that if in the future there did become traffic issues, the Engineering Department reserved the right to asked for another traffic study.

 

Commissioner Glick wondered what would be the highest number of cars that could visit the site per day before it would trip the threshold.

 

Commissioner Wallace wondered how often the site might exceed the number of parking spaces available.

 

Mr. Lafferty explained that the original approval allowed a maximum number of vehicles of 50 at any given time.  The Planning Department had to base any activity beyond the approval through complaints received.

 

Commissioner Dougherty asked how many parking spots were proposed.

 

Ms. Benedick stated 92 total, 76 without the employee/family parking area.

 

Commissioner Glick asked why the appeal had a recommendation of denial.

 

 

 

Mr. Jones stated that based on the applicant’s proposal an appeal would not be required through the Engineering Department’s standards if there were less than 30 events or occurred less than 6 months per year.  The applicant chose to have the appeal so if the parking lot was used over 30 times she would not be out of compliance.

 

Mr. Lafferty explained that the Planning Department felt that it was not a seasonal use and paving to the parking lot was required per the Land Use Code.

 

Commissioner Wallace stated that the venue was different because there was no limitation on the number of days, events, or people.  She believed that there would be times when the overflow parking would be needed.

 

Commissioner Dougherty did not believe the overflow lots would be used often.  He stated that he would support the appeal.

 

Commissioner Zitti was in favor of granting the appeal. 

 

Commissioner Wallace wondered about paving the overflow parking area but leaving the staff/owner parking unpaved.

 

Commissioner Miller stated that he did not see a need to pave either lot.

 

Commissioner Dougherty did not believe that only one lot should be paved.

 

Commissioner Christman stated that the areas were well maintained and did not believe that they needed to be paved.

 

Commissioner Jensen stated that he supported denial of the appeal due to the standards in the Land Use Code.

 

Commissioner Glick noted the drainage swale and maintenance issues that could occur if the area was paved.  He supported the appeal.

 

Commissioner Glick 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 Tapestry House Amended Special Exception appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code.

 

Commissioner Miller seconded the Motion.

 

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

 

Commissioner Jensen and Chairman Wallace voted against the Motion.

 

MOTION PASSED:  6-2

 

 

Commissioner Dougherty had an issue with the accessory accommodations request.  He stated that his reason was due to no requirement for fire sprinklers and would have to vote no.

 

Mr. Lafferty stated that it was a zoning code issued and that the site would have to acquire a change of use permit and would be reviewed under the building permit.

 

Commissioner Dougherty asked if Condition #6 should reference Condition #5 to make it clearer that the residential building needed to acquire the change of occupancy permit.

 

Commissioner Glick 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 Tapestry House Amended Special Review, file #14-Z1939, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

2.   The property shall be owner-occupied or manager-occupied for the effective life of the Special Exception.

 

3.   The maximum number of vehicles for a single day shall be no more than 100.  In no event shall there be more vehicles than is allowed in the parking lot as illustrated on the approved site plan.

 

4.   The existing dwelling in the upper level and east side of the barn has been fully permitted as an accessory dwelling for the owners and/or future managers of the business.  If, in the future, the community hall/event venue use ceases to operate, the converted barn must be meet the requirements for an accessory living area, and be approved through the Public Site Plan process.

 

5.   The Tapestry House (residential building) shall be approved for accessory overnight accommodations for 12 wedding/event clients.  The accessory overnight accommodations shall only be used in conjunction with weddings/events and shall not be open to the general public.

 

6.   A Change of Occupancy or Change of Use Permit will be required for the Tapestry House building, referenced in Condition #5 above, through the Building Department.  The applicant must work with the Building Department to ensure that all Building and Fire Codes are met.

 

Commissioner  Dougherty seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller, Zitti and Chairman Wallace 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 8:05 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 

 

.

That portion of the West Half of the West Half of Section 14, Township 8 North, Range 68 West of the

6th P.M .. County of Larimer, State of Colorado, more particularly described as follows: BEGINNING at

the Northwest corner of said Section; hence along the West line of said Section South 00°09'11” East

1941.42 feet to the center line of the Water Supply and Storage Canal; thence along said center of the

following three courses: North 81 °29'30” East 435.21 feet; thence North 83°00'4211 East 423.73 feet,

thence South 52°44'15” East 78.07 feet to the centerline of the Box Elder Creek; thence along said

centerline the following five courses: North 4°58'16” East 194.84 feet; thence North 10°14'41” West

232.66 feet; thence North 23°31'59” Wet 144.54 feet; thence North 39°30'17” West 168.53 feet; thence

North 29°21'27” West 181.82 feet; thence North 16°52'06” East 1074.91 feet to the North line of the

Northwest Quarter of said Section: thence along said North line South 89°59'57” West 951. 67 feet more

or less to the point of Beginning: also known as 5251 East County Road 58, Fort Collins, Colorado.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

TR IN SE 1/4 OF NE 1/4 29-8-69 DESC: BEG ON S LN NE 1/4 N 89 45' 30" W 926.5 FROM E 1/4 COR, TH N 89 45' 30" W 412 FT TO W LN SE 1/4 OF NE 1/4; TH N 00 07' 00" E 444.50 FT ALG SD W LN; TH S 89 53' 00" E 178.21 FT; TH N 28 00' 00" E 208.85 FT TO S LN ADLER ST; TH S 89 53' 00" E 136.12 FT ALG SD S LN; TH S 00 07' 00" W 630 FT TPOB; LESS NORTH OVERLAND TRAIL, JACKSON DITCH (NC2122N000700E)