Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of May 19, 2010

 

The Larimer County Planning Commission met in a regular session on Wednesday, May 19, 2010, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Dougherty, Glick, Hart, Hess, Morgan and Weitkunat were present.  Commissioner Wallace presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Michael Whitley, Planner II, Jeff Goodell, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Mr. Lafferty accompanied Commissioners Cox, Dougherty, Glick, Hart, Wallace and Weitkunat on a site visit to Viney Planned Land Division/Planned Development and Xzuberance Special Review.  Commissioner Hess 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 APRIL 21, 2010 MEETINGS:   MOTION by Commissioner Glick to approve the minutes, seconded by Commissioner Cox.  This received unanimous voice approval.

 

APPROVAL OF THE MINUTES FOR THE APRIL 28, 2010 MEETINGS:   MOTION by Commissioner Glick to approve the minutes, seconded by Commissioner Cox.  This received unanimous voice approval.

 

REMOVED ITEM:

Deep Water Metropolitan District (#06-G0108) was removed at the request of Staff and the applicant.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEM:

 

ITEM #1  VINEY PLANNED LAND DIVISION/PLANNED DEVELOPMENT #09-S2870:  Mr. Whitley provided background information on the request for approval of a preliminary and final planned land division to subdivide 5-acres into two lots.  The request also proposed to change the zoning from C-Commercial and FA-1 Farming to PD – Planned Development on the parcel located south of County Road 54G and west of Brookhill Road.  An appeal to Section 4.1.22.E of the Larimer County Land Use Code accompanied the proposal which sought to allow a minimum lot size less than 2 acres.

 

DISCUSSION:

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

 

 

 

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Viney Planned Land Division, file #09-S2870, for the property described on “Exhibit A” to the minutes, be approved as follows:

 

1.   The Final Plat shall be consistent with the approved preliminary & final plan and with the information contained in the Viney Planned Development/Planned Land Division, File #09-S2870 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 Viney Planned Development/Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional 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.   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.

 

4.   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.

 

5.   The West Fort Collins Water District reserves the right to require two separate taps if either parcel is sold or if the district deems it necessary.  If the district deems a second water tap necessary, they would provide 180 days written notice. 

 

6.   Approval of the rezoning from C (Commercial) and FA-1 (Farming) to PD (Planned Development) subject to the following condition:

    1. The rezoning shall be effective upon the recordation of the final plat of Viney Planned Land Division.
    2. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Viney Planned Development/Planned Land Divison shall be as follows:

 

 

 

 

 

 

Viney Planned Development Zone District

 

A. Principal uses:

 

Agricultural

1. Apiary (R)

 

Residential

2. Single-family dwelling (R)

3. Group home for the developmentally disabled (R)

4. Group home for the aged (R)

5. Group home (R)

6. Storage buildings and garages (R)--See section 4.3 (use descriptions and conditions)

7. Group home for the mentally ill (R)

 

Institutional

8. Child/elderly care home (R)

9. Sheriff/fire station (L)

10. State-licensed group home (S)

11. Sheriff/fire station (L)

 

Recreational

12. Public park/playground (L)

13. Trail/trail head (L)

 

Utilities

14. Utility substation (L)

15. Water storage facility (L)

16. Treatment plant (L)

17. Commercial mobile radio service (R/S)--See section 16

 

Commercial

18.     Trucking Business (R)*

*Lot 1 shall only be occupied by a use listed as items 1 through 17 above.  The existing trucking business on Lot 2 shall be considered a legal, conforming use.  Should the trucking business cease operation for a period of twelve (12) months or more, a trucking business could not be reestablished on the property and the property shall only be occupied by a use listed as items 1 through 17 above.

 

Uses followed by an (R) are allowed by right but they may be subject to Section 6 (Site Plan Review) and all other requirements of the Land Use Code.

 

Uses followed by an (MS) require approval through the Minor Special Review Process.

 

Uses followed by a (S) required approval through the Special Review process, described in Section 4.5 of the Larimer County Land Use Code, as amended.

 

 

 

Uses followed by an (R/S) may be allowed by right or require Special Review approval,    based on the thresholds in Section 4.3 (Use Descriptions) of the Larimer County Land Use Code, as amended.

 

Uses followed by an (L) required review through the Location and Extent Review  process, as described in Section 13.0 of the Larimer County Land Use Code, as amended.

 

Use descriptions in section 4.3 contain conditions that apply to certain uses.

 

B. Lot, building and structure requirements:

1. Minimum lot size:

a. 1.61 acres on Lot 1 and 2.17 acres on Lot 2 if a well or septic system is used.

b. 10,890 square feet (0.25 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 25 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--Five feet.

c. Rear yards--Ten 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.

 

The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.

 

 

Commissioner Dougherty seconded the Motion.

 

 Commissioners' Cox, Dougherty, Glick, Hart, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

Commissioner Glick 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 rezoning from C – Commercial and FA-1 -Farming to PD-Planned Development for the Viney PD-Planned Development (Planning File #09-S2870) be approved.  The rezoning shall be effective upon the recordation of the Final Plat of the Viney PD-Planned Land Division .

 

Commissioner Dougherty seconded the Motion.

 

 Commissioners' Cox, Dougherty, Glick, Hart, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Viney Appeal to Section 4.1.22.E (Lot Size) of the Land Use Code, file #09-S2870, be approved.

 

Commissioner Dougherty seconded the Motion.

 

 Commissioners' Cox, Dougherty, Glick, Hart, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

ITEM:

 

ITEM #2  XZUBERANCE SPECIAL REVIEW #10-Z1778:  Mr. Whitley provided background information on the request for a medical marijuana dispensary in the C-Commercial zone district located southwest of the intersection of East Mulberry Street and South of Summit View Drive.  The request also included an appeal to Section 4.3.3.F.1 of the Larimer County Land Use Code to allow the dispensary to be within 1,000 feet of two child care facilities and within 500 feet of eight residences, a church, and a public office.  The applicant currently operated a wellness center from Unit 2 of the Mulberry Commercial Park, which was a use by right.  He stated that the hours of operation would be Monday through Saturday from 10am to 6pm.  The dispensary would operate on an appointment basis and would serve a maximum of 50 patients.  The proposed dispensary did not intend to have a grow operation on site, and the medical marijuana would be stored in a vault and in display cases..  The applicants also intended to include security measures such as alarm systems and video cameras.    He noted that the proposed use was in the Fort Collins Growth Management Area, and the City of Fort Collins was encouraging Larimer County to not approve an appeal to the Land Use Code requirements, thus the Special Review.  The Development Services Team was recommending denial of the application.

 

Commissioner Hart asked what the status was of the revised state law?

 

Mr. Whitley stated that House Bill 1284 was approved by the legislature but awaiting approval to be made into law.

 

Commissioner Wallace asked how the bill would affect the application?

 

 

 

Mr. Whitley explained that the applicant would have to comply with state regulations, and the current bill dealt with licensing requirements among other things. 

 

Erica Pilch, owner of Xzuberance Wellness Center, gave a description of her background in the medical field.  She believed that the appeals to the Land Use Code should be granted as Larimer County had no regulations for bars and liquor stores other than being 500 feet from schools.  Pharmacies carried many drugs yet there were no regulations where they were located.  There were also no regulations where tobacco could be sold.  She asked that her business not be held to a different standard.  She stated that her goal was to give patients an uplifting environment to choose and purchase their choice of medication.  The business would operate in the form of a pharmacy where people would pick up their medication and leave.  There would be no consumption on the premises.  She commended Larimer County for implementing regulations for medical marijuana centers before any one else and noted that nearly all of the medical marijuana centers around opened up without having to go through any process.  She stated that she was willing to go through the process, fight for her belief and cause, and follow the laws to an extreme degree.  She stated that she wanted to operate her business and maintain harmony and peace in the neighborhood.  Xzuberance was about finding natural alternatives to medicine and about healing your mind, body, and soul.  She was committed to achieving a state of well being free of pain and sorrow. 

 

Commissioner Hess asked how they would control consumption on the premises.

 

Ms. Pilch stated that they would have policies stated on site that consumers could not consume the product on site.  They would revoke a person’s privilege to obtain medication from the business if they were caught consuming the product on site. 

 

Commissioner Weitkunat asked about the wellness center.

 

Ms. Pilch stated that the medical marijuana was just a supplement to the wellness center.  She stated that they currently had an oxygen bar, two thermal heat massagers, healthy coffee, lotions, etc.  She stated that they opened on January 29, 2010 and did not have any employees.  She stated that the client/patient base was increasing. 

 

Commissioner Hart asked the applicant to address the compatibility issues.

 

Ms. Pilch understood the neighborhood concerns; however, there was a bar across the street.  There would be no consumption on site unlike the bar.  The only goal was to create upliftment.

 

Commissioner Morgan asked how the marijuana was acquired if none was to be grown on site.

 

Ms. Pilch replied that state law required that a dispensary produce 70% of their product.  She stated that they had agricultural land in unincorporated Weld County. 

 

Commissioner Dougherty asked if the marijuana would be locked up at night and stated that he felt a security guard should be on site.

 

Ms. Pilch stated that the marijuana would be in a safe that met all state regulations.

 

 

Commissioner Morgan asked how often a patient would get served.

 

Ms. Pilch explained that it depended on the tolerance and need of the patient.  Under state law medical marijuana center owners would need a license for 0-300 patients, 300-600 patients, 600-1000 patients, etc.  She explained that a patient would need a recommendation from a doctor and to obtain a license in order to receive medical marijuana.  She stated that there was not a prescription that stated the amount to be taken a day like other prescribed drugs. 

 

Commissioner Cox stated that there were many other areas that the business could locate in which would not require an appeal to the Land Use Code.  She asked why the specific area was important and why they did not move to a different location. 

 

Ms. Pilch stated that she signed her lease on December 4, 2009 and there were no regulations in place.  She stated that they had redone the entire inside of the unit for the wellness center.  Once the regulations came into play there was too much work and money already put into the site, and she decided to move forward.

 

Commissioner Cox questioned whether there was a moratorium in place at that time.

 

Commissioner Hess asked if there would be signage advertising the medical marijuana.

 

Ms. Pilch replied no, the signage would not change. 

 

Mr. Whitley noted that a medical marijuana moratorium was put into place on December 7, 2009.

 

PUBLIC TESTIMONY:

Arleen Brown, owned Units 24 and 25 in the Mulberry Commercial Park and was a licensed clinical social worker and addictions counselor.  She stated that there was already a nightclub in the area that had been a problem.  She also felt that it would affect her property value.  She had clients that had medical marijuana licenses and knew that they did supply it to other people and use it inappropriately.  She was also a recovering person, and she did not want it in her county.

 

Done Bade, owner of Units 15 & 16 in the Mulberry Commercial Park, stated that he was on the board of the condo association and was representing the condo association.  He thanked the Development Services Team for their effort and supported their recommendation for denial.  He stated that according to the association declarations the proposed use was an illegal use and should not be allowed.  Mr. Bade read a letter from Larry Smith who was the condo association president and also the owner of 17 of the 90 units in the commercial park.  It stated that he did not agree with a tenant engaging in activity that was prohibited by federal law.  Mr. Bade stated that he had received very negative comments from his clients regarding the Xzuberance proposal and it would have a negative impact on his business.  He also stated that a potential purchaser of the unit next door to Xzuberance declined to buy after being notified of the proposed use.  He stated that at the neighborhood meeting 90% of the people were not in favor of the proposal.  He stated that it was a visible site, and the association did not think that the appeals should be approved as it was an inappropriate place for that type of business.  He stated that he owned a microbiology laboratory that serviced the veterinary research community and performed services for the pharmaceutical industry. 

 

Commissioner Morgan asked if the proposed business would compromise the insurability of the commercial park.

 

Mr. Bade replied that the insurance agent stated that it would not change the rates, which was surprising.

 

Art Smith, pastor of the church that occupied Units 18 & 19, stated that their primary resistance to having medical marijuana was due to the many underage kids that were involved with the church on various days of the week.  He stated that on Sundays, they met in the funeral chapel, which was right next to Xzuberance.  He acknowledged that there were other areas to locate that type of business but also sympathized with Ms. Pilch’s time and effort put into her building.  He believed that the applicant could control what occured inside the business but he was concerned about what they could not control outside of the establishment. 

 

Commissioner Dougherty asked what the hours of operation were for the church.

 

Mr. Smith replied that they were there during the days on Saturdays, and Saturday nights they held a youth program.  Sunday they were also there.  He stated that there were also other intermittent times during the week.

 

Dennis Templar, represented Chata Biosystems which leased Unit 8 along with several other units.  He explained that they made chemical solutions that were used by the major pharmaceutical companies.  He stated that customers came to the site, and they were very concerned about how they felt about the business being in a facility that also housed a medical marijuana dispensary.  He stated that they had approximately 25 employees, and they were concerned about hiring future employees.  He did not see that an exception should be made to the separation rules when there were several other places that they could locate.

 

Cindy Freeman, resident of Countryside Park Subdivision, pointed out that there was a neighborhood pool and bus stop to the west of the site.  She felt that the proposed business was in a poor location.

 

Commissioner Dougherty asked if you could see Xzuberance from that location.

 

Ms. Freeman replied no. 

 

Ryan Koenig, represented Dispensary Management Systems, which was a software base company that was helping dispensaries manage patients, products, etc.  He stated that his company had been approached by Xzuberance regarding their software.  He stated that Xzuberance was a legitimate business that was trying to better manage the business and the patients.

 

Rose Natividad, helped with the wellness aspect of the business and stated that she did not understand why they could not coexist when across the street was a bar.  Xzuberance was trying to abide by the law and be professional. 

 

 

 

 

Patrick Redman, attended the Living Hope Church located in the Mulberry Commercial Park.  He stated that the home and business invasion rate had increased since medical marijuana businesses had started operating.  He felt that it was an indicator of who would be attracted to the area and to the business park.

 

Ryan Natividad, was the operation manager for Xzuberance.  He stated that the Mulberry Commercial Park was fenced in and there was only one entrance into the site.  He stated that you could not see the building from the bus stop or pool.  He pointed out that the distance from door to door to the church was 600 feet but also understood that the distance was measured different under the regulations.  He showed what the medical marijuana licenses looked like and explained how they worked.  He stated that no one would be served that was under 21 years of age.  He also remarked that the store was not visible to the neighborhood daycares.  He stated that they would be able to see who came into the entrance with the security system and cameras they would have.  He remarked that before they signed their lease there were no guidelines, and they were never made aware that there was a church in the commercial park.  He stated that they could not control what happened outside of the store but they had good intentions.  He reiterated that their vision could coexist with the complex and there would be revenue brought to the county.

 

Melissa Sled, pointed out that it was not a nightclub and people would not be there into the night. 

 

Dave Natividad, graphic department of Xzuberance, stated that he also worked with ten different dispensaries.  He stated that the business was to be advertised as a whole health center not just a medical marijuana center.  He stated that they were trying to help people not just hand out drugs.

 

Bob Salazar, real estate agent, stated that there was a bar nearby and pointed out that the business was a dispensary for medical use.  He stated that a lot of money was spent to make the site look very nice and professional.  Things were changing and it was a legitimate business with regular business hours.  He remarked that it would be good for the economy. 

 

Craig Kramer, was a friend, patient, and supporter of Xzuberance.  He did not feel that the location of the church would interfere with the operations of Xzuberance.  He also did not see that property values would be affected and thought that there needed to be written proof of that.  He pointed out that other tenants in the commercial park made pharmaceutical chemicals and wondered if they had to store their materials in a safe or vault and if they were held to the same standards.  He pointed out that the signed lease stated that they would be a medical marijuana dispensary but the owner waited to open until they got formal and legal approval.  He also stated that the place looked really nice and professional.  He hoped they would allow them to continue business because he would benefit and so would Larimer County.

 

Debbie Bade, owner of Units 15 & 16, clarified that the front part of the commercial park was not fenced where Xzuberance was located.  She stated that the declaration for the condo association did not allow a business that was not legal by any entity such as local, state, or federal government and that language became effective in the declaration in 1999. 

 

Brian Allee, worked with Xzuberance, stated that they were pioneers bringing the business into Colorado.  He stated that down the road the ordinances could change.  The business had been precautious and implemented many guidelines.  He pointed out that the ordinances were set up without the knowledge of what the businesses were going to produce. 

 

Commissioner Cox asked if he attended the Board of County Commissioner hearing when they made the rules and regulations regarding medical marijuana.

 

Mr. Allee replied no.

 

Commissioner Cox pointed out that the rules and regulations were made with the help of dispensary people and a lot of input was taken into consideration.  Many of the business owners supported the regulations in order to support the business aspect of the industry. 

 

Commissioner Weitkunat asked if there were other instances in the code where distance requirements were enforced.

 

Matt Lafferty, Planning Department, replied that there were distance requirements for the location of multiple facilities adjacent to each other such as care homes.  Alcohol regulations were dictated by the state and liquor licensing.  Adult entertainment uses had to be located in the I-Industrial zone district by Special Review. 

 

Commissioner Weitkunat noted that distance requirements were one of the primary issues with many governing entities. 

 

Commissioner Cox believed that the argument for including a distance requirement in the regulations was due to other 1,000 foot distance standards in the code. 

 

Commissioner Hart remarked that the 500 and 1,000 foot standard seemed to be standard throughout the State of Colorado.

 

Mr. Whitley stated that House Bill 1284 was recently passed by the legislature but awaiting signature by the government did have some separation requirements.  It was more restrictive then Larimer County’s current code.  In the bill dated May 6, 2010 it stated that medical marijuana could not be sold within 1,000 feet of several uses and a state or local authority should not receive or act upon an application within that 1,000 foot boundary.  It did also state that the boundaries could be flexed at the discretion of the local licensing authority.

 

Commissioner Hess asked how the boundary should be measured.

 

Mr. Whitley stated the bill described a traveled way as a pedestrian access as opposed to a direct route.  The local land use code could be more restrictive than the state license and the Larimer County Code measured the distance as a direct line from the proposed building to a property line.

 

Mr. Lafferty stated that adult activities were limited by a zoning district and were also limited by distance separation.  That distance was measured from the closest property line of a residentially zoned property or property used for a dwelling to the adult use activity.  The distance requirement was 1,000 feet for residential zones and from any school, church, public park, or liquor license activities. 

 

 

 

 

 

Ms. Pilch stated that the Mulberry Commercial Park Declarations stated that one must abide by any governmental entity and did not specifically state to abide by state or federal law.  She also pointed out that medical marijuana laws were put into place a month after she signed her lease.  She acknowledged that there was not a fence in the front part of the commercial park but pointed out that there was one access point, and it was fenced around the two sides and the back of the property.  There was no close access point to the commercial park from the pool or bus stop.  The hours of operation were going to be from 10am to 6pm and an appointment could be made during those hours Monday through Saturday.  There would be no appointments made on Sunday or before or after those hours of operation.  She reiterated that there was a bar across the street and the impact from the bar was far greater.  She believed that it was discrimination.  She understood that the distance requirement was the standard right now but believed that it would not be in the future.  She felt that it was a way to enter the new use into the community without uprising opposition from all sides.  She asked the commission to believe and see in the vision of Xzuberance and to make an exception.  She stated that she would prove to Larimer County that they would be upstanding business citizens.

 

Commissioner Hess wondered about security in delivery circumstances.

 

Ms. Pilch stated that she did not believe delivery was the direction they were headed for but it could possibly happen if a patient was bedridden.  She stated that security would be put in place in that circumstance. 

 

DISCUSSION:

Commissioner Cox stated that location was very important and was the main issue.  She stated that the proposed application was the first to come before the board and there needed to be a very compelling reason to ask for a variance from the code or a precedence would be set.  She stated that she could not see why the location was special.  She remarked that before a business person invested research should be done, and the applicant did not research.  It was the applicants decision to operated in that location and there were no outside forces causing any hardship.  The proposed site created 13 violations to the distance requirements in the code and there were many other locations that the business could be located at.  She also pointed out that the City of Fort Collins did not want to accept a variance to the distance requirement, and she felt that Larimer County needed to honor the community and the intergovernmental agreement.  She stated that there was impact to multiple businesses and there were issues with insurability as it related to the type of proposed business.  She stated that it was a business and it needed to follow the rules like all other businesses.  The business had not given any kind of reason that the location was so special that the commission should violate the rules.  She stated that the rules and regulations were set with cooperation and with people that were interested and had a stake in the medical marijuana business.  She stated that she was recommending denial.

 

Commissioner Hart applauded the applicant’s business model and felt that her business could be operated in a very positive manner.  However, he stated that the location was not favorable.  The regulations were approved after much thought and effort, and he did not feel that it was appropriate to change them in the current instance.  He supported what Commissioner Cox stated.

 

 

 

 

Commissioner Weitkunat applauded the applicant and business and stated that she was not opposed to everything being proposed.  There were many other businesses impacted and it was an issue of compatibility.  She felt that it was extremely important to follow through on the distance requirements.  The location was the issue.

 

Commissioner Dougherty stated that not enough due diligence was done before signing the lease.  He stated that the house bill had not been passed into law yet, and he did not feel that it was the time to push the boundaries of the rules and regulations.  He appreciated the citizen support but felt that no one gave a compelling reason as to why the zoning regulations should be disregarded.

 

Commissioner Wallace stated that it was not a medical marijuana issue.  The commission needed to determine whether the use was compatible with the allowed uses in the surrounding area, in harmony with the neighborhood, and consistent with the Growth Management Area.  It was hard to state that the use was compatible when there were distance regulations in place.  She also took into consideration the comments from the City of Fort Collins.  She agreed with the business plan but the location did not work.

 

Commissioner Morgan stated that many of the surrounding business owners had serious concerns regarding the proposed location of the business.  He also remarked that the concept of compatibility focused on the nature of the real estate, the nature of the ownership process and the nature of the existing businesses. 

 

Commissioner Glick 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 Xzuberance Special Review and appeal to Sections 4.3.3.F.1 of the Larimer County Land Use Code, file #10-Z1778, for the property described on “Exhibit B” to the minutes, be denied.

 

Commissioner Weitkunat seconded the Motion.

 

Commissioners' Cox, Dougherty, Glick, Hart, Hess, Morgan, Weitkunat and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

 

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

 

Commissioner Weitkunat asked if the word “harmonious” in the Land Use Code could be examined at a worksession.

 

Mr. Lafferty stated that the issue had been brought up by a citizen and the issue would be discussed at an upcoming worksession.

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 8:50 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.

 

 

 

 

_______________________________                      ______________________________

Nancy Wallace, Chairman                                          Gerald Hart, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

A tract of land situate in the Northwest Quarter of Section 33, Township 8 North, Range 69 West

of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as

follows, to-wit:

 

Being the East One Quarter of the East One Half of the Northeast Quarter of said Northwest

Quarter which considering the North line of said Northwest Quarter as bearing North 89 ° 09'00”

East and with all bearings contained herein relative thereto;

 

Is contained within the boundary lines which begin at the North 1/4 corner of said Section 33 and

run thence, along the East line of said East One Quarter, South 00°29'22" East 1328.67 feet to

the Southeast corner of said East One Quarter; thence, along the south line of said East One

Quarter, South 89° 18'21" West 164.48 feet to the Southwest corner of said East One Quarter;

thence, along the West line of said East One Quarter, North 00°29'38" West 1328.29 feet to the

Northwest corner of said East One Quarter; thence along said North line of said Section 33, North

89 ° 09'00" East 164.59 feet to the POINT OF BEGINNING; containing 5.02 acres, more or less.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

Unit 2, Building A, Mulberry Commercial Park Condo, (99089821)

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.