LARIMER C OUNTY PLANNING COMMISSION
Wednesday, December 16, 2020 / 6:00 P.M.
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A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE OR REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA OR FUTURE PROPOSALS
D. APPROVAL OF THE MINUTES FOR THE NOVEMBER 18, 2020 MEETINGS.
E. AMENDMENTS TO AGENDA
F. CONSENT ITEMS: *Will not be discussed unless requested by
Commissioners or members of the audience.
*1. SECOND AMENDMENT TO THE LARIMER COUNTY RESOLUTION FOR LICENSURE OF RETAIL MARIJUANA ESTABLISHMENTS, FILE #20-CODE0249
Staff Contact: Michael Whitley, Planning
Request : An Amendment to the Larimer County Resolution for Licensure of Retail Marijuana Establishments to allow for the expansion of Retail Marijuana Establishments on Licensed Premises, define and establish requirements for Secondary Retail Marijuana Cultivation Facilities, and make a number of typographic amendments that do not change the intent of the regulations.
Applicant : Larimer County
Development Services Team Recommendation: The Planning staff recommends approval the Second Amendment to the Larimer County Resolution for Licensure of Retail Marijuana Establishments, File 20-CODE0249.
*2. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE SECTION 0.1 DEFINITIONS, SECTION 4.1 ZONING DISTRICTS, AND SECTION 4.3 USE DESCRIPTIONS AND CONDITIONS, FILE #20-CODE0250
Staff Contact: Michael Whitley, Planning
Request : To make changes to the adopted Land Use Code to define Secondary Retail Marijuana Cultivation Facilities and allow those facilities in FA – Farming and FA-1 – Farming zoning districts
Applicant : Larimer County
Development Services Team Recommendation: The Planning staff recommends approval of the proposed amendments to the Larimer County Land Use Code, File 20-CODE0250.
*3. SWEETHEART CITY WINERY SECOND SPECIAL REVIEW, FILE #20-ZONE2792
Staff Contact: Michael Whitley, Planning; Connor Sheldon, Engineering;
Lea Schneider, Health Department
Request : Special Review approval to modify the Site Plan approved by the Sweetheart City Winery Special Review. Changes include removing a future home, grape crush pad, and event building from the Site Plan and adding a 2,400 square foot covered pavilion and a 9,250 square foot building to be used for events, wine production and wine storage.
Location : 5500 W. Highway 34, Loveland; located south of Highway 34, approximately ¼ mile west of the intersection of Highway 34 and Wild Lane.
Applicant /Owner: David & Kathy Burks 2511 Amber Drive Loveland, CO 80537
Development Services Team Recommendation: A) The Development Services Team recommends approval of the Sweetheart City Winery Second Special Review, File #20-ZONE2792 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 Sweetheart City Winery Second Special Review, File #20-ZONE2792 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 Sweetheart City Winery.
3. All required plans and reports, including but not limited to those related to traffic, access, sewage, drainage, and fire protection shall be completed by the property owners and approved prior to the issuance of a Development Construction Permit or building permits on the property.
4. Site development shall comply with all applicable flood hazard regulations. New structures, fill material, or other encroachments are prohibited within the regulatory floodway designated by FEMA at the time of building permit application.
5. Administrative approval may be granted for the movement of buildings up to 10 feet in any direction from the locations indicated on the approved Site Plan to accommodate flood hazard considerations. This does not include movement of buildings into a regulatory floodway.
6. 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.
7. This application is approved without the requirement for a Development Agreement.
8. 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.
9. 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.
10. 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.
G. REPORT FROM STAFF
NEXT MEETINGS: Board of County Commission / Planning Commission Worksession – January 13, 2021
Planning Commission Hearing – January 20, 2021
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