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AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, August 19, 2015/6:30 P.M./Commissioners' Hearing Room

 

A.        CALL TO ORDER

 

B.        PLEDGE OF ALLEGIANCE

 

C.        PUBLIC COMMENT ON THE COUNTY LAND USE CODE

 

D.        PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA

 

E.         APPROVAL OF THE MINUTES FOR THE JULY 17, 2015 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

G.        CONSENT ITEMS:                         *Will not be discussed unless requested by Commissioners or                                                       members of the audience.

 

DETAILED INFORMATION:

 

*1.       SALVATION ARMY AMENDED SPECIAL REVIEW                               #15-Z1971

 

Staff Contact:  Michael Whitley

Request:  Amendments to the Salvation Army Special Review (File #Z21-87) and Longs Peak Inn Special Review (File #92-ZR0196) to allow for approved buildings and facilities to be replaced and/or relocated on the property and to allow new buildings and recreational facilities

Location:  Section 27, Township 4 North, Range 73 West; 61 Gillette Drive and 6925 Highway 7, Estes Park; located west and north of the intersection of Highway 7 & Preservation Drive

Applicant:  Russ Boyd, Salvation Army, 1370 Pennsylvania Street, Denver, CO 80203

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Salvation Army Amended Special Review, File #15-Z1971 subject to the following conditions:

           

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Salvation Army Amended Special Review, File #15-Z1971 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 Salvation Army Amended Special Review.

 

2.   The maximum future build-out of the property shall be limited to 137,557 square feet of buildings and a maximum camp capacity of 566. 

 

3.   Prior to the issuance of building permits for new structures, a Site Plan Review is re quired to evaluate items such as building placement, erosion control, the provision of adequate water and sewer, traffic impacts and compliance with the approved cumulative square footage of buildings, developed outdoor recreation areas and bed capacity.

 

4.    The Salvation Army shall develop a utility master plan addressing sewage disposal and domestic water service.  Adequate sewage disposal and domestic water service must be provided for proposed facilities prior to the issuance of permits for those facilities.

 

5.   Salvation Army shall create and implement a forest management plan for the entire property that addresses wildfire mitigation no later than December 31, 2015.

 

6.   Failure to comply with any conditions of the Amended 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.

 

 

 

            *2.       MOLESWORTH PLANNED LAND DIVISION/PLANNED DEVELOPMENT                                                                                                                                           #15-S3285

 

Staff Contact:  Michael Whitley

Request:

A)        Rezoning to Planned Development and a Combined Preliminary and Final Planned Land Division of an 18.72-acre parcel into two single-family residential lots;

B)        Appeal to Section 8.14.1.R of the Land Use Code regarding connectivity

C)        Appeal to Section 8.1.1.B.4 of the Land Use Code to utilize on-site sewage treatment systems in a Growth Management Area

Location:  Section 35, Township 5 North, Range 69 West of the 6th P.M.; 3375 S. Garfield Avenue, Loveland; Located west of S. Garfield Road approximately 1,100 feet south of County Road 16

Applicants:  Lance & Paige Taylor, 1804 3rd Street SW, Loveland, CO  80537

Owners:  Roy and Pam Molesworth, 3375 S. Garfield Avenue, Loveland, CO  80537

 

Development Services Team Recommendation:  A) The Development Services Team recommends approval of the Molesworth Planned Development/Planned Land Division and appeals to Sections 8.14.1.R & 8.1.1.B.4 of the Land Use Code, File 15-S3285 subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Molesworth Planned Development/Planned Land Division, File 15-S3285 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 Molesworth Planned Development/Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R-2J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community 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.   There are two fire hydrants in the vicinity of the Molesworth Planned Land Division. If all parts of a residential structure are not within 600 feet of a fire hydrant (measured as a hose would be deployed from fire apparatus), an NFPA 13D residential fire-sprinkler system will be required. 

 

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.

 

B)      The Development Services Team recommends approval of the rezoning from R-1 – Residential to PD - Planned Development, File 15-S3285 subject to the following condition:

 

a.   The rezoning shall be effective upon the recordation of the final plat of Molesworth Planned Land Division.

 

b.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Molesworth Planned Development shall be as follows:

             Principal uses:

             Agricultural

             1. Apiary (R)

             Residential

             2. Group home (R)

             3. Group home for the aged (R)

             4. Group home for the developmentally disabled (R)

             5. Group home for the mentally ill (R)

             6. Single-family dwelling (R)

             7. Storage buildings and garages (R)—See  section 4.3.2

             Institutional

             8. Child/elderly care center (S)

             9. Church (MS/S)—See  section 4.3.4

             10. Congregate residence (S)

             11. Hospital (S)

            12. School, nonpublic (S)

            13. State-licensed group home (S)

            Accommodation

            14. Nursing home (S)

            Utilities

            15. Commercial mobile radio service (SP/S)—See section 16

            Industrial

            16. Oil and gas drilling and production (R)

            17. Small solar facility (R/PSP)

            B. Lot, building and structure requirements:

            1. Minimum lot size:

            a. 100,000 square feet (2.3 acres) if a well or septic system is used.

            b. 21,780 square feet (0.5 acre) if public water and sewer are used.

            2. Minimum required setbacks: (If more than one setback applies, the greater setback is required.)

            a. Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 20 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

            b. Side yards—Seven feet.

            c. Rear yards—25 feet.

            d. Refer to  section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

            3. Maximum structure height—40 feet.

            4. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection  4.3.10.

 

 

H.        ITEMS:

 

3.         A BIGGER VISION FOR THE BIG T. RECREATION AND CONSERVATION ASSESSMENT

 

Staff Contact:  Zac Weibe

Request:  To adopt the Big Thompson Plan

Applicant:  Larimer County

 

Staff Recommendation:  Staff recommends the Planning Commission adopt the plan, A Bigger Vision for the Big T: Recreation and Conservation Assessment, as presented.

 

 

 

 

 

4.         HILGENBERG/SASS SPECIAL REVIEW                                                    #14-Z1953

 

Staff Contact:  Rob Helmick

Request:  Review of a shooting range for single action sport shooting.

Location:  10-9-68; located off the north end of CR5J west of I-25

Applicant/Property Owner:  William and Wanda Hilgenberg, 2011 Hyline Drive, Fort Collins CO 80526

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Hilgenberg/SASS Special Review file # 14-Z1953 subject to the following condition(s):

 

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 Hilgenberg/SASS Special Review file # 14-Z1953except 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 Hilgenberg/SASS 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.   Applicant shall complete both a Site Plan Review and Development Construction Permit for the actual site development including drainage improvements.

 

9.   Two Port a potties shall be on site for all events will be maintained by professional service company.

 

10.   No more than 25 events per year with operational hours shall be 8:30 AM to 2:30 PM.

 

11.   There shall be no more than 50 participants at any event

 

12.   Noise complaints may result in the requirement for additional study and  mitigation

 

13.   Applicant shall obtain a building permit for the shed, based on use, no later than 90 days from approval. 

 

14.   Lead clean up of the range shall be completed annually.

 

 

5.         COLORADO ARONIA PROJECT SPECIAL REVIEW                                #15-Z1970

 

Staff Contact:  Karin Madson

Request:  Special Review for the Colorado Aronia Project at Bingham Hill Farm to include:

1.   Value-Added Agricultural Processing associated with farming aronia berries.

2.   Agritourism Enterprise associated with farming aronia berries.

3.   A Bed & Breakfast accommodating up to 6 guests.

4.   An appeal to Section 10.10.A.3. of the Larimer County Land Use Code to allow an off-premise sign.

Location:  32-08-69; located on the north side of Bingham Hill Road, approximately ½ mile west of Overland Trail

Applicant:  Randy Pope ,3924 Bingham Hill Road, Fort Collins, CO  80521

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Colorado Aronia Project Special Review, File #15-Z1970 subject to the following condition(s):

 

11.   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.

 

12.   The Site shall be developed consistent with the approved plan and with the information contained in the Colorado Aronia Project Special Review, File #15-Z1970 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 Colorado Aronia Project Special Review.

 

13.   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

 

14.   This application is approved without the requirement for a Development Agreement.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department before the use commences, or within 120 days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first.

 

19.   Expansion of the proposed Value Added Agricultural Processing, Agritourism or Bed & Breakfast uses will require additional Special Review approval.

 

20.   The applicant shall comply with the requirements of the Poudre Fire Authority as outlined in the memo from Jim Lynxwiler, dated July 10, 2015. Construction of the tasting room and processing building will need further review and approval.

 

21.    The applicant shall comply with the requirements of the Health Department as outlined in the memo from Doug Ryan, dated April 23, 2015.

 

I.          REPORT FROM STAFF

 

J.         ADJOURN

 

NEXT MEETINGS:    Wednesday, September 09, 2015:  BCC/Planning Commission worksession

                                    Wednesday, September 16, 2015:  Planning Commission hearing

 

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