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AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, November 19, 2014/6:30 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 OCTOBER 15, 2014 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

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

 

Detailed information

 

*1.       NORTH SHIELDS SEWER LINE LOCATION AND EXTENT                  #14-Z1952

 

Staff Contact:  Rob Helmick

                                    Request:  Location and Extent Review of a new 21” interceptor and 4” and 8” collection sewer lines for the City of Fort Collins. 

                        Location:  A pipeline route extending from just north of the Vine Dr. and Shields north in the existing ROW for Shields to a point north of Willox Lane.

                        Applicant:  City of Fort Collins-Utilities, Linsey Chalfant, PO Box 580, Fort Collins CO  80522

 

Development Services Team Recommendation:  The Development Service Team recommends that the Larimer County Planning Commission approve the City of Fort Collins North Shields St. Sewer line Extension Location and Extent, file # 14-Z1952, subject to the following conditions:

 

1.   Approval of the line segment north of Willox Lane to a point 3700 feet north will require re-review of this segment if the project or its context change substantially before actual construction.

 

2.   All project construction activities must be coordinated with Larimer County Engineering and the North Shields Street Corridor Improvements Project Coordinator. 

 

 

 

 

            *2.       RAWHIDE SOLAR PLANT 1041                                                                       #14-Z1951

 

Staff Contact:  Rob Helmick

            Request:  A 1041 permit for the construction of a new solar power plant at the Platte River Power Authority Rawhide power generating facility 

            Location:  4-10-68; 2700 CR 82. North of Wellington at the Rawhide Power Plant site. 

            Applicant:  Platte River Power Authority, Chris Woods, 2000 Horsetooth Road, Fort Collins CO 80525

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commissioner recommend to the Board of County Commissioners a pproval of the Rawhide Solar Power Plant 1041 Permit, File # 14-Z1951, subject to the following condition(s):

 

1.   The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the RAWHIDE SOLAR POWER PLANT 1041 Permit File # 14-Z1951 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 RAWHIDE SOLAR POWER PLANT 1041 Permit File # 14-Z1951.

 

2.   Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.

 

3.   Conduct an evaluation for the possible conflicts with the cultural resources identified. 

4.   Site Fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.

 

5.   The site plan shall be revised to reflect, if the Board of County Commissioners does not approve vacation, the ROW for CR9 and maintain any required setbacks.  This revision shall not require further review by the Larimer County Planning Commission.

 

 

*3.       VERN’S AMENDED PD REZONING                                                           #14-Z1497

 

Staff Contact:  Rob Helmick

Request:  To amend the current Planned Development (PD) zoning, which allow restaurants but not outdoor seating/patios, to be consistent with the County Code, which allows outdoor seating/patios by Minor Special Review

                        Location:  30-8-69; At Vern’s in La Porte on the north side of CR 54G at 4120 CR 54G

                        Applicant:  Nicholas Lanteri, 4120 CR 54G, La Porte CO  80535

 

 

 

Development Services Team Recommendations:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Vern’s Amended Planned Development Zoning, file #14-Z1947, request to amend the existing PD-Planned Development zoning, subject to the following condition(s):

 

1.   The Planned Development zone shall be amended to include:

      Restaurant.  An establishment where the principal business is the sale of food and beverages in a ready-to-consume state. Fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use.

      1.An outdoor seating area or outdoor food service requires approval through The Minor Special Review process.

      2.Drive-in or drive-through service facilities requires approval through the Minor Special Review process.

 

2.   A separate Minor Special Review application must be reviewed and approved prior to commencement of the use. 

 

 

H.        ITEMS:

 

4.         ATLAS TOWER AMENDED SPECIAL REVIEW                                                    #14-Z1945

 

Staff Contact:  Karin Madson

Request:  Amendment to the Atlas Tower Special Review (file #12-Z1816) to include a revised cell tower location and an appeal to the tower setback requirements in Section 16.1.3.A.3.b. of the Larimer County Land Use Code to allow the tower to be 19 feet from the rear property line rather than the 78 feet required.

                        Location:  E1/2 of 18-08-69; located on the south side of West County Road 56E and west of County Road 21 (Overland Trail)

                        Applicant:  Mike Powers, Atlas Tower, 4450 Arapahoe Ave., Suite 100, Boulder, CO 80503

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Atlas Tower CMRS Amended Special Review, File #14-Z1945, subject to the following condition(s):

 

1.   This Amended 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 previously approved plan and with the information contained in the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 except as modified by approval of this Atlas Tower CMRS Amended Special Review File #14-Z1945, 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 Atlas Tower/AT&T CMRS Special Review and the Atlas Tower CMRS Amended 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.   All conditions of approval for the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 continue to apply.

 

 

 

 

 

 

 

 

5.         LODGEPOLE INVESTMENTS SPECIAL REVIEW                                    #13-Z1920

 

Staff Contact:  Michael Whitley

            Request:  A) Special Review for general retail, outdoor display and sales, professional office, trade uses and enclosed storage in the AP – Airport Zoning District; and

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

            Location:  Section 22, Township 6 North, Range 68 West of the 6th P.M.; 7795 & 7801 SW Frontage Road, Fort Collins; approximately 670 feet southwest of the intersection of I-25 and Highway 392

            Applicant:  Jennifer A. Tempas, 5951 S. Middlefield Road #105, Littleton, CO 80123

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Lodgepole Investments Special Review and appeal to Section 8.1.1.B.4 of the Land Use Code, File #13-Z1920, 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 Lodgepole Investments Special Review, File #13-Z1920 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 Lodgepole Investments 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 of the property and may review 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 pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

9.   The outdoor display and sales area adjacent to Building 3 shall be removed from the final site plan.

 

10.   The applicant shall demonstrate compliance with the fire protection level of service standards found in Section 8.1.4 of the Land Use Code and the requirements of the Windsor-Severance Fire Rescue district within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

11.   The applicant shall pay all applicable building permit fees, obtain all outstanding building permits/change of occupancy permits and obtain all required inspection approvals within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

12.   The property owner shall petition the City of Fort Collins for annexation of the two parcels within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

 

6.         MOUNTAIN WHITEWATER DESCENTS SPECIAL REVIEW                 #14-Z1926

 

Staff Contact:  Karin Madson

            Request       A. Special Review to allow the existing Rafting Business to be expanded to include a bar/tavern and restaurant with outdoor seating and live music venue, community hall (wedding and other special events), an outdoor play area.

            B. Appeal to Land Use Code Section 8.2.8. to allow development in wetlands areas and buffer areas along with 1:1 wetland replacement and mitigation.

            Location:  34-08-69; located on the south side of Highway 287, approximately ˝ mile west of North Shields Street.

            Applicant:  Matt Brooksmith, Neenan Archistruction, 2607 Midpoint Drive, Fort Collins, CO 80525

 

Development Services Team Recommendation: 

A.  The Development Services Team recommends the Larimer County Planning Commissioner recommend to the Board of County Commissioners Approval of the Mountain Whitewater Descent Special Review, File #14-Z1926, 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.   Site Plan Review and approval is required prior to the expansion of the current use on the property.

 

3.   The Site shall be developed consistent with the approved plan and with the information contained in the Mountain Whitewater Descent Special Review File #14-Z1926) 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 Mountain Whitewater Descent Special Review.

 

4.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 120 days of Site Plan Review approval or prior to building permit issuance, whichever occurs first.

 

5.   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

 

6.   The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to the commencement of the use and no later than February 16, 2015. 

 

7.   Prior to final approval of  Site Plan Review application(s) the following shall be completed:

a) The City’s sewer main extension project is authorized and scheduled;

b) Plans for the applicant’s sewer line connection the new main are approved; and

c) The timeline for the sewer line is established with completion to occur prior to the need for a building permit certificate of occupancy.

 

8.   Prior to commencing the use the applicant shall adequately address the concerns indentified by the Fire Department in their referral comments from Jim Lynxwiler, dated April 4, 2014 and the follow-up comments dated August 7, 2014.

 

9.   The location of all proposed buildings (including the new building and the storage containers) shall be adjusted so that they meet required setbacks.

 

10.   Easements for the Little Cache irrigation ditch crossing the property will need to be dedicated and shown on the site plan at the Site Plan Review.  Additionally the Site Plan Review application shall demonstrate that there are adequate facilities and easements to ensure delivery of irrigation water through the development area to the properties located south of the development.

 

11.   Landscape site design shall be revised at the site plan review stage to address and incorporate as many of the comments # 10 thru #20 from Clark Mapes at the City of Fort Collins (refer to memo from Ryan Mounce, dated August 6, 2014) as practicable.

 

12.   Comments were also received from an attorney representing property owners to the south of the properties owned by the Modesitt’s.  In their comments they request that the applicant replace the existing open ditch with underground irrigation pipes to ensure delivery of water they own to the property owners hay fields.  Staff has included a condition of approval to address this issue.

 

13.   Prior to approval of a Site Plan Review application the applicant shall develop a wetlands mitigation plan for 1:1 replacement of disturbed wetland areas.  That mitigation plan will need to be reviewed by a third party consultant (to be paid for by the applicant per LUC Section 8.01.A.)  The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

 

14.   The Highway 287 improvements identified in the applicant’s traffic study consisting of an eastbound right turn lane and westbound left turn lane adjacent to the site shall be completed prior to the commencement of the expanded use of the property. 

 

B.   Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Appeal to Land Use Code Section 8.2.8. to allow development in wetlands areas and buffer areas with the following conditions:

 

1.   The applicant shall develop a wetlands mitigation plan to for Staff review and approval. The plan shall also be reviewed by a third party consultant as provided for in Section 8.01.A of the Land Use Code.  All costs for the consultant will be paid by the applicant.

 

2.   The applicant shall provide mitigated wetlands on a 1:1 basis.  Mitigated wetlands will extend onto the applicant’s adjacent property to the south. 

 

3.   The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

 

 

 

 

I.          REPORT FROM STAFF

 

J.          ADJOURN

 

NEXT MEETINGS:   Wednesday, December 10, 2014:  BCC/Planning worksession

                                    Wednesday, December 17, 2014:  Planning Commission hearing

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.