LARIMER COUNTY PLANNING COMMISSION

Minutes of February 20, 2008

 

The Larimer County Planning Commission met in a regular session on Wednesday, February 20, 2008, at 6:30 p.m. in the Hearing Room.  Commissioners Cox, Karabensh, Oppenheimer, Waldo, Wallace, and Weitkunat were present.  Commissioners Hart and Morgan were absent.  Commissioner Boulter presided as Chairman.  Also present were Matt Lafferty, Principal Planner, Rob Helmick, Senior Planner, Sean Wheeler, Planner II, Chad Bahr, Planner II, Christie Coleman, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Matt Lafferty accompanied Commissioners’ Cox, Karabensh, Wallace, and Weitkunat today on a site visit to NEWT 2 Location and Extent, Red Mountain Open Space Location and Extent, Saddle Ridge Acres Amended PUD, and Owl Canyon Storage Special Exception.  Chairman Boulter visited the sites independently.       

 

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 JANUARY 16, 2008 MEETINGS:  MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Wallace.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Chairman Boulter requested to move agenda Item E:  Posting of Minutes in Compliance with the Open Meetings Law to the end of the meeting.

 

Mr. Wheeler read a letter from the applicant of the Rancho De El Rey Equestrian Special Review, file #05-Z1536, which withdrew their application. 

 

“On behalf of the Rancho De El Ray property owner, Judy Sprague we would like to formally withdraw File Number USR-05-Z1536.  The application being withdrawn is for a Special Review approval for a Horse Boarding Facility and Riding Academy on 200+/- acres in the Open Zone District located south of Carter Lake.

The primary feasibility issue for this project has been the ability to provide adequate water for the equestrian operation as proposed.  As indicated in the project material the applicant has an existing well approved for residential and agricultural use however, boarding stables and riding academies are considered commercial and not agricultural.  Staff recommended during Sketch Plan to pursue an augmentation plan that would convert the existing well to a commercial well. The applicant proceeded with pursing the necessary augmentation plan however, after working on the engineering analysis, water share negotiations and preparation of the augmentation plan the seller of the shares would not provide the necessary "dry-up" affidavit to support the augmentation plan in water court.  Left with no other alternative, the applicant proceeded with the alternative of hauling and storing water in a cistern.  As indicated in the staff report this alternative is not supported by staff. 

 

 

 

On Monday, February 18, 2008 the necessary water to support the Augmentation Plan was offered to the applicant for purchase.  Given the significant impact adequate water has to this project and that staff only supports the use of an approved commercial well we requested an extension to pursue this opportunity.   

Understanding that staff could not support this extension because of the outstanding violations we respectfully request to have the project withdrawn to allow the applicant to work with staff on the outstanding issues.  The applicant is committed to eliminating all existing violations and to bring the property into compliance with the County Code with the intent to resubmit a revised application that will include an Augmentation Plan for a commercial well and more clearly define the associated equestrian uses proposed.

We would like to thank staff and Larimer County Planning Commission for their time and effort in reviewing the Special Review.”

 

CONSENT ITEMS:

 

ITEM #1  NEWT 2 LOCATION AND EXTENT 08-Z1676:  Mr. Helmick  provided background information on the request for a 42 inch treated water transmission line from the Soldier Canyon Tri-Districts treatment plat to the currently approved terminus of the NEWT 1 line at Shields and the Poudre River. 

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the NEWT 2 Location and Extent, file #08-Z1676, subject to the following condition.

 

1.  The applicants incorporate the BMP’s for pipeline construction developed by the city of Greeley, if they are available at the time of design and construction. 

 

Commissioner Karabensh seconded the Motion.

 

Commissioners' Cox, Karabensh, Oppenheimer, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM #2  RED MOUNTAIN OPEN SPACE LOCATION AND EXTENT 08-Z1672:  Mr. Helmick  provided background information on the request for a trailhead, parking area, picnic area, and maintenance/office building at the Red Mountain Open Space locate at the north end of County Road 21 in the southern end of the Red Mountain Open Space. 

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Red Mountain Open Space Location and Extent, file #08-Z1672.

 

 

 

Commissioner Karabensh seconded the Motion.

 

Commissioners' Cox, Karabensh, Oppenheimer, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

Commissioner Weitkunat commented that it was valuable for the people of Larimer County to realize that the Location and Extent was a fulfillment of some of the work that had occurred in open space, and the facilities would be for the people in Larimer County to enjoy Colorado’s great outdoors.  She felt that it was a wonderful addition and was a tremendous asset to the residents  

 

ITEM #3  RESEARCH INNOVATION CENTER LOCATION AND EXTENT 08-Z1673:  Mr. Bahr provided background information on the request of the Research Innovation Center (RIC) addition to the Regional Biocontainment Laboratory (RBL) and Judson M. Harper Research Complex (JHC) at CSU Foothill’s Campus Research facility to provide additional laboratory, vivarium, conference office and support space and imaging capabilities.  Additionally, a stand-alone manufacturing facility was desired to be constructed as well.  The area was located at the west end of Rampart Road on the CSU foothills campus approximately ¾ mile west of Overland Trail.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Research Innovation Center Location and Extent, file #08-Z1673, subject to the following condition:

 

1.    A Traffic Impact Study shall be completed for the area of the intersection of Rampart Road and Overland Trail and Drainage Report shall be completed.  If any improvements are needed to areas in the County based upon said study and report, then said improvements should be performed by the applicant in a timely manner.

 

Commissioner  Karabensh seconded the Motion.

 

Commissioners' Cox, Karabensh, Oppenheimer, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM #4  CSU CMMAP BULDING LOCATION AND EXTENT 08-Z1674:  Mr. Wheeler  provided background information on the request to construct a new Center for Multi-scale Modeling of Atmospheric Processes Building (CMMAP) at the CSU Foothills Campus located on the south side of LaPorte Avenue in the CSU Foothills Campus Area.

 

DISCUSSION:

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

 

 

BE IT RESOLVED that the Planning Commission approve the CSU CMMAP Building Location and Extent, file #08-Z1674.

 

Commissioner Karabensh seconded the Motion.

 

Commissioners' Cox, Karabensh, Oppenheimer, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM #5  SADDLE RIDGE ACRES AMENDED PLANNED UNIT DEVELOPMENT 08-S2770:  Mr. Lafferty  provided background information on the request to amend Lots 3A, 3B, and Outlot A of the Saddle Ridge Acres Planned Unit Development (PUD) to reconfigure the building pads to accommodate a new configuration of buildings and site circulation located at the northwest corner of Highway 287 and County Road 14, south of Loveland.

 

Charles Miller, property owner to the west of subject property, stated that he had questions regarding what was proposed for the site.  After discussing the issue with the applicant he had no further questions.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Saddle Ridge Acres Amended PUD, file #08-S2770, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Saddle Ride Acres Amended PUD (File #08-S2770), 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 Saddle Ridge Acres Amended PUD.

 

2.   The following fees shall be collected at building permit issuance for new non-residential construction:  Larimer County fees for County and Regional Transportation Capital Expansion.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Setbacks for lots 3-A through 3-G shall be 20 feet from all property lines adjacent to Highway 287 and County Road 14.  All other setbacks for said lots internal to the development shall be 0 (zero) feet.

 

4.   The allowable amount of square feet to be distributed to the new lots shall be no greater than 73,908 square feet.

 

 

 

5.   The uses allowed on the new lots shall be as originally approved in the Saddle Ridge Acres PUD (File # 96-MS0907).

 

6.   All other conditions and representation of approval from the original Saddle Ridge Acres PUD (File # 96-MS0907) shall remain in full force and effect unless modified by this approval

 

Commissioner Wallace seconded the Motion.

 

Commissioners' Cox, Karabensh, Oppenheimer, Waldo, Wallace, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM:

 

ITEM #7  OWLCANYON STORAGE SPECIAL EXCEPTION #07-Z1628:  Mr. Helmick provided background information on the request to construct and operate an enclosed mini-storage and outdoor RV and boat storage facility on the subject property located between County Road 68 and 66 on the west side of County Road 7, north of Wellington.  The property was zoned O-Open.  Mr. Helmick explained that the Board of County Commissioners heard the application on January 7, 2008 but sent it back to the Planning Commission for consideration as additional information had been provided since the first Planning Commission hearing on November 21, 2007.  He noted that a letter from the Town of Wellington along with a copy of their draft land use plan was included in the agenda packet.  He stated that without an adopted comprehensive land use plan, growth management area, or intergovernmental agreement the Planning Department could not support the application. 

 

PUBLIC TESTIMONY:

Jill and Beck Becksted, 3428 E County Road 68, stated that they had a letter from the Town of Wellington stating that their land would be in the light industrial zone according to their draft comprehensive land use plan and would be in Wellington’s growth management area.  She also had an article from the January 25, 2008 edition of the Wellington newspaper that she passed out to the commission.  The article stated that if discussions and public hearings fell together as planned the town board would adopt a new comprehensive plan by May.  The updated plan then would be used to by Wellington and Larimer County to put together an Intergovernmental Agreement.

 

Commissioner Cox wondered if they could wait until the town did adopt the plan instead of relying on a draft land use plan?

 

Ms. Becksted assumed that it would be a plan that would be approved.

 

Mr. Becksted stated that they had already started the process through Larimer County and was just going through the process. 

 

Commissioner Cox stated that she would feel more comfortable if there was a formal plan. 

 

 

Commissioner Waldo stated that the applicants were on a timeline with their application because of state statues, and he felt their frustration with the lack of certainty from the town. 

 

DISCUSSION:

Commissioner Waldo stated that he grew up near the property and presently resided near the subject property.  As a result felt he felt qualified to speak about the issue.  He pointed out that there was a junkyard located near the subject property that was an eye sore worse than what was proposed.  Harvest Farm Denver Rescue Mission was also in the area which had many cars coming and going increasing the traffic level.  There was also a factory nearby that made rat poison.  He stated that he was trying to demonstrate that the area was not the farm ground zoned O-Open that it used to be.  He also noted that there had been no neighborhood opposition to the plan, and the business proposed was to be landscaped and buffered from the road similar to the storage units that were approved on Harmony and Taft.  Along with that it was on a paved road only about one mile away from the city limits of Wellington.  He remarked that the family that was proposing the project had been in the community for over 20 years and owned hundreds of acres.  They had been responsible with their land stewardship, and he was confident that the proposed units would be built in a nice manner.  He stated that he supported the project just as he did last time. 

 

Commissioner Weitkunat stated that the project followed technical and design standards, supported the reuse of agricultural lands, and could fit in with the plan proposed by Wellington. She wondered if it should be judged on appropriateness. 

 

Mr. Helmick stated that Staff made their recommendation based on the Larimer County Master Plan and Land Use Code.  If there was a Growth Management Area and/or Intergovernmental Agreement with Wellington that allowed the use then the Planning Staff could recommend approval of the project. 

 

Commissioner Karabensh stated that consistency was important.  She had to look at the review criteria, and the application could not meet all of the criteria.  She felt that Wellington’s actions were hurting the surrounding citizens. 

Commissioner Cox pointed out again that the land use plan provided by Wellington was only a draft; therefore, she could not support the application at the present time.

 

Commissioner Wallace agreed with Commissioner Karabensh. 

 

Commissioner Oppenheimer remarked that it was a Special Exception and the applicants were asking for that exception since the Master Plan and Land Use Code did not allow the use.  He stated that he would be in support of the use.  It was their land and he agreed with Commissioner Waldo. 

 

Chairman Boulter stated that it was an industrializing area.  He did not want to penalize the property owners because of the City of Wellington.  He stated that he would support the Special Exception.  He also trusted that the Planning Commission would make a decision against projects that were not appropriate for the site but he felt that the current proposal was appropriate. 

 

 

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Owl Canyon Storage Special Exception, file #07-Z1628, for the property described on “Exhibit B” to the minutes, be approved.

 

Commissioner Weitkunat seconded the Motion.

 

Commissioners' Cox, Karabensh, Wallace voted against the Motion.

 

Commissioners’ Oppenheimer, Waldo, Weitkunat, and Chairman Boulter voted in favor of the Motion.

 

MOTION PASSED:  4-3

 

POSTING OF MEETING IN COMPLIANCE WITH OPEN MEETING LAW:

Commissioner Wallace moved that the Larimer County Planning Commission designate the Oak Street entrance to the Larimer County Courthouse as the public posting place for notices of all official actions and public meetings in accordance with the requirements of the Colorado Open Meetings law (CRS 24-6-402).  Commissioner Waldo seconded the Motion.  This received unanimous voice approval.

 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:  There being no further business, the hearing adjourned at 7:32 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.

 

 

 

 

_______________________________                      ______________________________

Jeff Boulter, Chairman                                      Mina Cox, Secretary

 

 

 

 

EXHIBIT “A”

 

A PART OF OUTLOT A, ALL OF LOT 3-A AND ALL OF LOT 3-8. SADDLE RIDGE ACRES P.U.D.

RECORDED AT RECEPTION NO. 97027875 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF LARIMER, STATE OF COLORADO, BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE SOUTHWEST CORNER OF SAlD SECTION 36. AND CONSIDERING THE SOUTH LlNE OF THE SOUTHWEST QUARTER OF SAlD SECTION 36 TO BEAR NORTH 90'00'00" EAST, WITH

ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;

THENCE NORTH 90°00'00" EAST ALONG THE SOUTH LlNE OF THE SOUTHWEST QUARTER OF SAID

SECTION 36. A DISTANCE OF 347.92 FEET;

THENCE NORTH 00'00'00" EAST, A DISTANCE OF 35.00 FEET TO THE SOUTHWESTERLY CORNER OF SAlD TRACT A, SAlD POINT ALSO BElNG THE POINT OF BEGINNING:

THENCE ALONG THE BOUNDARY OF SAlD TRACT A THE FOLLOWING EIGHT (8) COURSES:

1) THENCE NORTH 00'00'00" EAST, A DISTANCE OF 626.50 FEET;

2) THENCE SOUTH 90'00'00" EAST, A DISTANCE OF 246.20 FEET;

3) THENCE NORTH 00'00'00" EAST, A DISTANCE OF 659.71 FEET;

4) THENCE NORTH 89°58'12" EAST. A DISTANCE OF 460.65 FEET:

5)THENCE SOUTH 03°21'16’’ WEST,  A DISTANCE OF 698.63 FEET'TO A POINT OF CURVATURE;

6) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVlNG A CENTRAL ANGLE OF 04°15’00”, A RADIUS OF 5790.00 FEET, AN ARC LENGTH OF 429.48 FEET. A CHORDWHICH BEARS SOUTH 01°13'46" WEST A CHORD DISTANCE OF 429.38 FEET;

7) THENCE SOUTH 00'°53'44" EAST. A DISTANCE OF 60.30 FEET;

8) THENCE SOUTH 25°49'16" WEST. A DISTANCE OF 70.19 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT RIGHT OF WAY PARCEL DESCRIBED IN THE DEED

RECORDED AT RECEPTION NO. 2000072071 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER;

THENCE ALONG THE NORTHERLY BOUNDARY OF SAlD RIGHT OF WAY PARCEL THE FOLLONNG

THREE (3) COURSES:

I) THENCE NORTH 89°25'08" WEST. A DISTANCE OF 106.03 FEET;

2) THENCE SOUTH 81°47'46" WEST, A DISTANCE OF 193.30 FEET;

3) THENCE SOUTH 86°44'34" WEST, A DISTANCE OF 171.69 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAlD OUTLOT A;

THENCE NORTH 90°00'00" WEST ALONG SAlD SOUTHERLY BOUNDARY, A DISTANCE OF 158.37 FEET

TO THE POINT OF BEGINNING:

 

 

 

 

 

 

SAlD PARCEL CONTAINS A CALCULATED GROSS AREA OF 15.90 ACRES, MORE OR LESS;

EXCEPTlNG THEREFROM LOT 1-A, LOT 1-0, LOT 2-A AND LOT 2-8, OF SAlD SADDLE RIDGE ACRES P.U.D.

SAlD EXCEPTION CONTAINS A CALCULATED AREA OF 3.06 ACRES, MORE OR LESS;

SAlD PARCEL CONTAINS A CALCULATED NET AREA OF 12.84 ACRES, MORE OR LESS.

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EXHIBIT “B”

 

 

A tract of land situated in the East one-half of Section 21, Township 9 North, Range 68 West of the 6" P.M., which considering the East line of the said Section 21 as bearing due South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the East Quarter comer of said Section 21 and run; thence South 890.20 feet along said East line; thence North 79°54'30" West 723.79 feet; thence North 04°15' East 12 feet; thence North 76°29' West 203.52 feet; thence North 23°04’; West 262.20 feet; thence North 81°09' West 8.13

feet to a point on the Easterly right-of-way line of the Colorado and Southern Railroad; thence along said Easterly right-of-way line, North 06°03' East 87.68 feet and again North 05°13'30" East 669.50 feet to a point on the North line of the Southeast Quarter of the Northeast Quarter of said 21; thence North 88°32' East 859.35 feet to the Northeast comer of the Southeast Quarter of the Northeast Quarter of said Section 21; thence South 1310.40 feet to the POINT OF

BEGINNING.

 

EXCEPT the East 50 feet thereof for Colorado Highway No. 1 right-of-way set forth in Deed recorded September 11, 1936 in Book 654 at Page 576,

County of Larimer, State of Colorado.