Loveland Bike Trail
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of August 19, 2009

 

The Larimer County Planning Commission met in a regular session on Wednesday, August 19, 2009, at 6:30 p.m. in the Hearing Room.  Commissioners’ Benton, Boucher, Glick, and Hess were present.  Commissioners Cox, Hart, Morgan, and Weitkunat were absent.  Commissioner Wallace presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Sean Wheeler, Planner II, Traci Shambo, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

The field trip was cancelled and no sites were visited.

 

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 JULY 15, 2009 MEETINGS:   MOTION by Commissioner Glick to approve the minutes, seconded by Commissioner Boucher.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None

 

CONSENT ITEMS:

 

ITEM #1  MILLIKEN/BERTHOUD GAS LINE LOCATION AND EXTENT  #09-Z1744:  Mr. Helmick provided background information on the request for a 16 inch diameter high pressure gas line to connect two existing north/south gas lines which would be located along an alignment of County Road 10 from immediately west of the Highway 287 bypass to the Weld County Line.

 

DISCUSSION:

 

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

 

BE IT RESOLVED that the Planning Commission approve the Berthoud/Milliken Gas Line Location and Extent, file #09-Z1744, s ubject to the following conditions:

 

1.   The Applicant shall obtain the necessary permits and permissions for the crossing of all public roads and highways.

 

2.   The applicant shall obtain the necessary permissions from the Handy Ditch for any crossings. 

 

3.   The applicant shall obtain and keep current for the life of the project any and all air and water quality permits. 

 

Commissioner Benton seconded the Motion.

 

Commissioners' Benton, Boucher, Glick, Hess, and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

ITEM #2  LARIMER ENERGY LOCATION AND EXTENT #09-Z1746:  Mr. Helmick provided background information on the request for the installation of a 1.6 mW generator utilizing methane from the landfill at the Larimer County Landfill and would be located at the east end of the closed portion of the landfill.  The generator would be housed in a 40 foot by 60 foot building.  After further discussion with the applicant and Doug Ryan of the Health Department, he requested that Condition of Approval #2 be removed.

 

Commissioner Wallace asked about the emissions from the flare?

 

Doug Ryan, Health Department, stated that the majority of the landfill methane gas that would be collected in the manifold system which could be burned in the engine to produce power.  Based on a conversation with the applicant the flare would only be used a small amount of the total time and the vast majority of times the methane would be burned in the engine.

 

Commissioner Wallace asked what the difference was in terms of location of an internal flare and an external flare.

 

Mr. Helmick explained that an internal flare had a sleeve so the flame was down inside the sleeve.

 

Mr. Ryan stated that an external flare or a “candle flare” did look industrial so visibility was an issue.  After an engineering analysis on how much gas was at the landfill and a conclusion that the flare would not be burning most of the time the Health Department understood that installing an external type flare was a reasonable request and would save a substantial amount of money.

 

Stephen Gillette, 201 Schofield Road, Director of the Larimer County Solid Waste Department, stated that a neighborhood meeting was held.  Approximately ten residents came with concerns about the flare and the noise from the engine.  Timberline Energy did redesign the flare so it would have minimal impact to immediate neighbors around the landfill.  The people to the south and southeast would see the facility and at times the flare.  He noted that the process was occurring at more and more landfills.

 

Commissioner Glick asked if the methane was traditionally vented from the landfill.

 

Mr. Ryan replied that currently methane was being vented naturally into the atmosphere.  The proposed process would have tremendous benefits in terms of air quality and public health because it would be collecting the methane and burning in it in a very clean engine and producing very few emissions.  The proposal had significant advantages for the County and community around it that were currently subject to emissions untreated.

 

 

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Larimer Energy Location and Extent, file #09-Z1746, subject to the following condition and removal of Condition #2:

 

1.   The facility shall utilize the best technology available to minimize all noise that may be produced by exhaust and intake as well as operation of the generator.

 

Commissioner Hess seconded the Motion.

 

Commissioners' Benton, Boucher, Glick, Hess and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

ITEM #3  HOFFMAN ACRES PLANNED LAND DIVISION/PLANNED DEVELOPMENT #09-S2863:  Mr. Wheeler provided background information on the request to Planned Land Division of 9.42 acres into two lots for single family residential uses and a rezoning from Fa-Farming to PD-Planned Development located on the west side of N. Taft Hill Road directly south of the Solar Ridge and Saddleback Subdivisions.  He noted that the site was inside the Fort Collins Growth Management Area and subject to the Northwest Sub-Area Plan.  The request also included two appeals to the Larimer County Land Use Code:  Section 8.14.2.S (Connectivity) and Section 8.2.5 (Turn Lanes).

 

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 Hoffman Acres Planned Land Division/Planned Development rezoning from FA-Farming to PD-Planned Development , file #09-S2863, be approved. 

The rezoning shall be effective upon the recordation of the Final Plat and Development Agreement of Hoffman Acres Planned Land Division and Planned Development.

 

Commissioner Hess seconded the Motion.

 

 Commissioners' Benton, Boucher, Glick, Hess and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

 

 

 

 

 

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 Hoffman Acres Planned Land Division/Planned Development and appeals to Section 8.14.2.S and 8.2.5 of the Larimer County Land Use Code, file #09-S2863, 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 Hoffman Acres Planned Land Division and Planned Development, File #09-S2863, 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 Hoffman Acres Planned Land Division and Planned Development, File #09-S2863.

 

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion Fee, the Community and Regional Park Fees (in lieu of dedication) and the Drainage Basin Fee.  The fee amount that is current at the time of building permit application shall apply.  The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

 

3.   The development shall connect to the public water system to be designed and constructed to supply a minimum fire flow of 1,000 gallons per minute with a minimum pressure of 20 pounds per square inch (psi).  In addition, the development must provide fire hydrants no more than 1,000 feet from each occupied structure.

 

4.   Engineered foundations are required for all new habitable structures on Lot 1 or Lot 2.  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.

 

6.   Prior to recordation of the final Development Agreement and Final Plat, Developer shall provide a signed Agreement to Annex for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

 

 

 

 

7.   The Final Plat shall be revised to correct the lot labels and show the building envelope Lot 2 as being in compliance with the approved set backs for the Planned Land Division and Planned Development.  The access easement shall be revised to include utilities as an allowed use.

 

8.   The following conditions from the County Engineering Department, as described in their comments dated July 7, 2009, shall apply:

 

a)   Any further development of Lot 2 will require that the existing access be permanently abandoned and a new access created from the internal subdivision road following the applicable standards at that time.

 

b)   If the existing access point onto Taft Hill road causes access or maintenance concerns at any time, the local entity reserves the right to require that the access be abandoned and relocated to the internal subdivision road satisfying all applicable standards at that time.

 

c)   Any further development of Lot 1 will require that the applicant dedicate right-of-way and construct a cul-de-sac bulb, hammerhead or extend St. Germain Drive to satisfy all applicable standards at that time.

 

d)   The Hoffman Acres Subdivision must join the Public Improvement District formed by the Solar Ridge subdivision and pay their fair and equitable portion of the Public Improvement District (PID) fees.

 

Commissioner Hess seconded the Motion.

 

 Commissioners' Benton, Boucher, Glick, Hess and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

ITEM #4  BLUE MOUNTAIN WINERY SPECIAL REVIEW #09-Z1736:  Mr. Lafferty provided background information on the request for a Special Review for a value added agricultural facility to include retail sales and vehicular trips less than 20 per day where less than 50% of the raw materials were grown on-site.  The consideration of the request would incorporate the conditions of approval from a previous Special Exception approval application (05-Z1588).  The subject site was located at 4480 Hoot Owl Drive on the east side of County Road 23E, approximately ¾ mile south of County Road 4.  The request also included an appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code to not be required to pave the parking for the use.

 

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 the Blue Mountain Winery Special Review appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code, file #09-Z1736, be approved.

 

Commissioner Hess seconded the Motion.

 

Commissioners' Benton, Boucher, Glick, Hess and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

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 Blue Mountain Winery Special Review to include retail sales and tasting of wine by appointment only, file #09-Z1736, and incorporate the previously approval and conditions from the Blue Mountain Winery Special Exception, (file #05-Z1588) into this approval as one complete application for a Value Added Agricultural use, for the property described on “Exhibit B” to the minutes, be approved subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the retail sales and tasting room uses are 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 Blue Mountain Winery Special Review file # 09-Z1736 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 Blue Mountain Winery Special Review file # 09-Z1736.

 

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.   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.

 

7.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) for the retail sales and tasting room uses at the time of building permit

 

8.   Retail Sales and tasting of wine at the Blue Mountain Winery shall be by appointment only.

 

9.   Vehicular trips associated with the Blue Mountain Winery shall not exceed 20 vehicle trips in a day.

 

Commissioner Hess seconded the Motion.

 

Commissioners' Benton, Boucher, Glick, Hess and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  5-0

 

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:00 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

 

 

 

 

Legal Description

 

Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer,

State of Colorado being more particularly described as follows, to wit:

 

Considering the East line of the Southeast Quarter of said Section 4 as bearing South

00°59'55" West, and with all bearings contained herein relative thereto:

 

Commencing at the East Quarter corner of said Section 4; thence along the East line of

the Southeast Quarter, South 00°59'55" West, 658.64 feet; thence, North 89 °00'05" West,

37.50 feet to the POINT OF BEGINNING, said point also being on the West right-of-way

line of North Taft Hill Road; thence departing said West line, North 89°00'05" West,

1,274.96 feet; thence, North 00°47'09" East, 329.28 feet to the South line of Solar Ridge

First Filing; thence along the South line of Solar Ridge First Filing and Saddleback First

Filing the following four (4) courses and distances: South 89°04'00" East, 1056.68 feet;

thence along a curve to the Northeast having a central angle of 42°06'30" with a radius of

231.32 feet, an arc length of 170.00 feet and the chord of which bears South 67°56'50"

East. 166.20 feet; thence, South 89°00'05" East, 36.89 feet to a curve to the Southwest

having a central angle of 90°00'00" with a radius of 15.00 feet, an arc length of 23.56 feet

and the chord of which bears South 44°00'05" East, 2 1.21 feet; thence departing said

South line and along the West line of North Taft Hill Road the following two (2) courses

and distances: South 44 °00'25" East, 17.68 feet; thence, South 00°59'55" West, 243.28

feet to the Point of Beginning.

 

Containing 9.42 acres, more or less; have by these presents caused the same to be

surveyed and subdivided into lots to be known as the plat of HOFFMAN ACRES

PLANNED LAND DIVISION and do hereby dedicate and convey to and for public use forever

hereafter the streets as are laid out and designated on this plat, and do also reserve

perpetual easements for the installation and maintenance of utilities and for irrigation and

drainage facilities as are laid out and designated on this plat.

 

 

 

 

 

 

 

 

EXHIBIT B

 

LOT 7 :

 

That portion of the East 1/2 of Section 31, Township 4 North, Range 69 West of

the 6th P.M, , Larimer County, Colorado, described as' follows:

 

Considering the West line of the h o t 1/2 of Section 31, Township 4 North,

Range 69 West of the 6th P.M., Larimer County, Colorado, as bearing North

00°00’00” East and with all bearings; contained herein relative thereto:

 

Commencing at the South 1/4 corner of said Section 31; thence along said West

line of the East 1/2 of: said Section 31 North a distance of 354.78 feet; thence

East a distance of 63.69 feet thence North 43°25’46”East a distance of

279.79 feet thence North 66 °47’48” East a distance of  461.95 feet; thence

North 59 °10’07” East a distance of .450.53 feet: to the TRUE POINT OF BEGINNING;

thence North 20 °24'53” West a distance of 590.00 feet thence North 16°37'36”

East a distance of 1167.07 feet thence South 76°22’56” East a distance of

260.09 feet; thence North 77 °23'49" East a distance of 190.15 feet; thence

North 67 °27'08" East a distance of 295,43 feet thence North 52°51'24”East a

distance of 89.73 feet thence South 07°53’43”West a distance of 620.65 feet;

thence, South 28 °26’24” East a distance of 154.25 feet; thence South 28°13’47”

-

East a distance of 513.88 feet: thence South 44°50'16” West a distance of

435.20 feet thence South 65 °54'23” West a distance of 41.50 feet; thence

South 62 °06’48” West a distance of 112.06 feet; thence South 86°08'05” West a

distance of 129.66 feet; thence South 69° 58'26” West a distance of 623.24 feet

to the TRUE POINT OF BEGINNING

 

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