Loveland Bike Trail
 

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, March 9, 2015/3:00 P.M./Hearing Room

 

A.    CALL TO ORDER

 

B.   PLEDGE OF ALLEGIANCE

 

C.   TABLED PUBLIC HEARING DISCUSSION ITEM FROM JANUARY 26, 2015

 

DETAILED INFORMATION

 

1.         LODGEPOLE INVESTMENTS SPECIAL REVIEW, FILE #13-Z1920

 

Staff Contacts:  Michael Whitley, Planning, Clint Jones, Engineering, Doug Ryan, Health

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

Owner:  Kevin Neesam, Managing Partner/Lodgepole Investments, LLC -5951 S. Middlefield Road #105, Littleton, CO 80123

 

Planning Commission and Development Services Team Recommendation:

                                 

The Larimer County Planning Commission and Development Services Team recommends approval of the Lodgepole Investments Special Review and 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, 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.

 

 

D.    TABLED CODE COMPLIANCE PUBLIC MEETING ITEM:

 

2.         LODGEPOLE INVESTMENTS VIOLATION PUBLIC MEETING, FILE #11-CC0088

 

Staff Contacts:  Candace Phippen, Code Compliance Supervisor

Location:  7795 and 7801 SW Frontage Rd., Fort Collins, Colorado

Owner:  Kevin Neesam, Managing Partner/Lodgepole Investments, LLC -5951 S. Middlefield Road #105, Littleton, CO 80123

 

Staff Recommendation:  Find that violations of the Larimer County Building Code exist and will continue to exist until such time as required change of occupancy building permits and inspection approvals are obtained.  If deadlines set by the Board of County Commissioners in the Board’s approval of the Lodgepole Special Review to obtain these permits and inspection approvals are not met, authorize legal action to enforce the Larimer County Building Code.

 

 

E.   PUBLIC HEARING CONSENT ITEMS:    *Will not be discussed unless requested by

                                                                                      Commissioners or members of the audience.

 

*3.       McKINNEY REZONING, FILE #14-Z1959

 

Staff Contacts:  Michael Whitely, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Rezoning of a 15.25 acre parcel from I-1 – Heavy Industrial to FA – Farming

Location:  Section 30, Township 05, Range 68; located north of County Road 16E approximately 665 feet east of the intersection of County Road 16E and County Road 13

Applicant/Owner:  Robert G. McKinney - 11262 W. Ford Drive, Lakewood, CO 80226

 

Planning Commission and Development Services Team Recommendation:

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of McKinney Rezoning, file #14-Z1959, for the property described on “Exhibit A” to the minutes.

 

Commissioner Glick seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Glick, Jensen, Miller, Zitti and Chairman Wallace voted in favor of the Motion.

 

 

*4.       LEGACY HEIGHTS CONSERVATION DEVELOPMENT PHASE II AMENDED PLAT AND COLLATERAL TIME EXTENSION, FILE #04-S3244

 

Staff Contacts:  Matt Lafferty, Planning; Clint Jones, Engineering; Doug Ryan, Health

Request:  A request to extend the Phase 2 Amended Plat and collateral submittal for the Legacy Heights Conservation Development to January 28, 2020

Location:  E ½ of Section 17, T4N, R69W: More specifically the property is situated at the SW corner of County Roads 10 and 21.

Applicant/Owner:  Legacy Heights/David M. Herrera, Esq. - 3600 S. College Ave. Suite 04

Fort Collins, Colorado 80525

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the extension of the Amended Plat and collateral submittal for Phase 2 of the Legacy Heights Conservation Development , File # 04-S2244, for 5 years subject to the following condition(s):

 

1.   Submittal of the Amended Plat and collateral for Phase 2 shall be no later than January 28, 2020.

2.   All conditions outlined in the Development Agreement approved on October 11, 2005 at Reception #2005-0087125, shall continue to apply.

 

 

F.    PUBLIC HEARING DISCUSSION ITEM:

 

5.         SPRING GREEN PLANNED DEVELOPMENT AND PLANNED LAND DIVISION

PRELIMINARY PLAT 3rd TIME EXTENSION, FILE #03-S2210

 

Staff Contacts:  Matt Lafferty, Planning; Clint Jones, Engineering; Doug Ryan, Health

Request:  A request to extend the preliminary Plat approval for the Spring Green PD and PLD from January 14, 2015 to January 14, 2017.

Location:  SE ¼ of Section 32, Township 8 North, Range 69 West; more specifically the property is situated on the east side on Overland Trail, approximately ½ mile south of County Road 50E.

Applicant/Owner:  Mark Linder - 4355 W. County Road 50E, Fort Collins, Colorado 80521

 

Suggested Motions:

 

The Development Services Team offers the following motions for the Board of County Commissioners to consider:

 

I move that the Board of County Commissioners approve the 3rd Time Extension of Spring Green PD and PLD Preliminary Plat, File #03-S2210, for 2 years subject to the condition(s):

 

1.   Submittal of the final plat shall be no later than January 14, 2017.

2.   There shall be no reduction in the final plat application fee.

3.   The standards for review of the final plat application shall be the same as those in effect when the preliminary plat was originally approved.

4.   All conditions of approval for the Spring Green PD and PLD found in the Findings and Resolution #2005-0092774 shall continue to apply.

 

Or

 

I move that the Board of County Commissioners deny the 3rd Time Extension of Spring Green PD and PLD Preliminary Plat, File #03-S2210, for 2 years.  I also move that the Board of County Commissioners revoke the preliminary plat approval and rezoning for the Spring Green PD and PLD, File #03-S2210.

 

 

G.        ADJOURN

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