AGENDA
LARIMER COUNTY PLANNING COMMISSION
Wednesday, March 17, 2010/6:30 P.M./Commissioners' Hearing Room
A. CALL TO ORDER
B. PUBLIC COMMENT ON THE COUNTY LAND USE CODE
C. PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA
D. APPROVAL OF THE MINUTES FOR THE FEBRUARY 17, 2010 MEETING.
E. AMENDMENTS TO AGENDA
F. ITEMS:
1. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE –
FOSTER ANIMALS #10-CA0106
Staff Contact: Samantha Mott
Request: To make changes to Sections 0.1, 4.3.1.O, and 4.3.10.C of the adopted Land Use Code to add information related to foster animals.
Applicant: Larimer County
Development Services Team Recommendation: The Planning Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments to the Larimer County Land Use Code, file #10-CA0106.
2. COLLEGE LAKE SUBSTATION 1041 #10-Z1776
Staff Contact: Rob Helmick
Request: Approval of a 1041 permit for an electrical substation and appurtenant facilities including interconnect to existing transmission system.
Location: 8-7-69; On the CSU Foothills Campus East of College Lake, North of Rampart Road in the Southwest area of the Colorado State Forest Service compound.
Applicant: Colorado State University, C/o Gene Leach, 251 Edison Drive, Fort Collins CO 80523 & Public Service Company of Colorado, Attn: Jason Manassee, 550 15th St., Suite 700, Denver CO 80202
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning commission recommend to the Board of County Commissiners a pproval of the College Lake Substation 1041 permit, file # 10-Z1776, subject to the following condition(s):
1. Final construction plans shall be consistent with the approved plan and with the information contained in the College Lake Substation 1041 permit file # 10-Z1776, 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 College Lake Substation 1041 permit.
2. Final construction plans for the access roads, substation pad and any drainage facilites must be reviewed and approved by Larimer County.
3. Placement of the poles/towers for the interconnect line and the access/construction access shall avoid impacts to the water course.
4. Prior to construction the applicant must provide to Larimer County confirmation that the concerns and issues of the Pleasant Valley and Lake Canal Company, as noted in the letter of 2/9/10, have been satisfactorily addressed and resolved.
5. Prior to construction the applicants shall provide easements or agreements which insure that there is access to the site and any drainage or detention ponds will be protected.
3. COLUMBINE LODGE SPECIAL REVIEW #09-Z1745
Staff Contact: Matt Lafferty
Request: A) Special Review for an existing non-conforming resort lodge and retail store, and expansions to include a tent campground and office/retail space for recreational business.
B) Appeals to Section 18.4.1.B, Section 18.4.3.B, Section 18.4.3.D and Section 18.4.4.A regarding the campground addition.
Location: A portion of the SW ¼ of Section 01, Township 8 North, Range 71 West; more specifically the property is situated on the north side of Highway 14 (Poudre Canyon), approximately 10 miles west of Highway 287, in the Poudre Park Subdivision.
Applicant: Poudre River Paradise LLC., Michael Jensen, 1220 S. College Avenue, Fort Collins, Colorado 80525
Development Services Team Recommendation:
A). The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Columbine Lodge Special Review, File #09-Z1745, 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 Columbine Lodge Special Review, File #09-Z1745, 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 Columbine Lodge.
3. Failure to comply with any conditions of the Special Review approval or adopted County laws and/or Ordinances (i.e. Noise Ordinance) may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
4. Prior to the commencement of any tent camping on the property the applicant shall:
· Provide a signed and recorded access easement for those portions of the internal circulation road that are situated on the adjacent property.
· Provide documentation that the State of Colorado Department of Water Resources has issued a commercial well permit for the use on the property.
· Provide documentation that the State of Colorado Department of Public Health and Environment has reviewed and approved the plans for the public non-community water system for the uses.
· Construct/install the public non-community water system as approved and install a water service tap in the vicinity of the tent camp sites.
· Install identification signs, fire rings and other appurtenances for each of the tent camp locations.
· Install barriers between the existing septic absorption filed and vehicular circulation drives.
· Permit and construct a vaulted privy at the location illustrated on the plans found in the file for the subject application.
· Provide documentation from the Colorado Department of Transportation indicating their acceptance of the parking configuration on the property adjacent to the Highway 14 frontage.
· Provide documentation from the Colorado Department of Transportation indicating the approval of the access drives from Highway 14.
5. This application is approved without the requirement for a Development Agreement.
6. 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.
7. 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.
8. 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.
9. The applicant shall pay the Transportation Capital Expansion Fees (TCEF) before the use commences, or within 120 days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first.
B). The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the appeals to Section 18.4.1.B, Section 18.4.3.B, Section 18.4.3.D and Section 18.4.4 regarding the campground addition for Columbine Lodge Special Review, File #09-Z1745.
G. REPORT FROM STAFF
H. ADJOURN
NEXT MEETINGS: Wednesday, April 14, 2010: BCC/Planning Commission worksession
Wednesday, April 21, 2010: Planning Commission hearing