Dowdy Lake sunset
closure

Larimer County Offices, Courts & District Attorney are closed Friday, July 3 for Independence Day
Landfill, Hazardous Waste and Recycle Center are open Friday, July 3 but closed Saturday, July 4
Landfill Business Office are closed July 3 & 4
Critical services at Larimer County will not be disrupted by this closure.

 

AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, June 17, 2015/6:30 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 MAY 20, 2015 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

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

 

*1.       BROWNSTONE QUARRY 3RD AMENDED SPECIAL REVIEW                           #15-Z1965

 

Staff Contact:  Michael Whitley

            Request:  Special Review for the expansion of a previously approved sandstone mining operation onto 4.4 acres of an adjacent 13.87 acre parcel

Location:  Section 24, Township 8 North, Range 70 West; 5240 W. County Road 56, LaPorte; located north of County Road 56 and east of Highway 287, approximately 0.5 miles southeast of Ted’s Place 

                        Applicant:  Jim Striggow, Stone Wholesale, Inc., 4717 Bay View Drive, Fort Collins, CO 80526

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Brownstone Quarry Third Amended Special Review, #15-Z1965, 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 Brownstone Quarry Third Amended Special Review, #15-Z1965 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 Brownstone Quarry Second Amended Special Review.

 

3.   The hours of operation for mining activity shall be 7:30 am to 5:00 pm, Monday through Saturday.

 

4.   There shall be no blasting at any time.

 

5.   When possible, the reclamation shall be accomplished in a phased manner, concurrent with the mining operation.

 

6.   Should the mining activity still be active January 1, 2037, the Board of County Commissioners shall review and update the conditions approved for this Special Review.  The Board of County Commissioners review may include additions, deletions, and modifications of the conditions as necessary to protect the health, safety and welfare of the citizens of Larimer County.  This review shall be completed in 25 year intervals thereafter.  The quarry operator shall submit the following information by July 1 of the year that the review is to be completed:

 

a.   A current site plan of the quarry. The site plan should be similar to those submitted as a part of the Special Review application. The site plan should clearly show:

·   The property boundaries;

·   The location of permanent identification posts on the perimeter of the quarry area;

·   Current approved mining boundaries;

·   Current and old mining areas, with acreage;

·   Storage and loading areas;

·   Processing areas and any structures or improvements on the property.

 

b.   A narrative that describes the current operation and any reclamation efforts that have been completed.

 

7.   Materials shall not be removed from the top of the hogback.

 

8.   No material will be sold on-site.

 

9.   Heavy equipment maintenance, including oil changes, shall be done off-site.

 

10.   The mining operation shall comply with the Larimer County Noise Ordinance. 

 

11.   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.

 

12.   This application is approved without the requirement for a Development Agreement.

 

 

 

13.   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.

 

14.   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.

 

15.   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.

 

           

*2..      TUCKER AMENDED SPECIAL REVIEW                                                                #14-Z1943

 

Staff Contact:  Matt Lafferty

            Request:  1) An amendment to the Tucker Special Review (#7-75) to allow an existing residential accessory building on the property to be used as storage for commercial uses.  Additionally, the proposed application requests that three additional buildings also be allowed for the same purpose.

            2) An appeal to Section 8.6.3.c of the Land Use Code to not be required to pave the parking and access drives for the expanded use.

            Location:  A portion of Section 15, Township 9 North, Range 68 West; more specifically the property is situated on the east side of the I-25 Frontage Road, approximately ˝ mile south of the County Road 70 and I-25 intersection.

            Applicant:  Stewart and Associates, Jerry Robinson, PO Box 429, Fort Collins, Colorado 80522

 

      Development Services Team Recommendation: 

1.   The Development Services Team recommends that the Planning Commission recommends that the Board of County Commissioners approval of the Tucker Amended Special Review (File # 14-Z1943) subject to the following condition(s):

 

A.   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.

 

B.   The Site shall be developed consistent with the approved plan and with the information contained in the Tucker Amended Special Review (file # 14-Z1943) 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 Tucker Amended Special Review (file # 14-Z1943).

 

C.   Failure to comply with any conditions of the Special Review (Special Exception) approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

D.   This application is approved without the requirement for a Development Agreement.

 

E.   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.

 

F.   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.

 

G.   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.

 

H.   The applicant shall complete the required County Engineering Department Drainage Agreement by August 3, 2015.

 

 

2.   The Development Services Team recommends that the Planning Commission recommends that the Board of County Commissioners approval of the parking lot and access paving appeal for Tucker Amended Special Review (File # 14-Z1943) subject to the following condition(s):

 

A.   The applicant shall, by September 30, 2015, construct a 50 foot long paved apron at the entrance to the site. 

I.          REPORT FROM STAFF

 

J.          ADJOURN

 

NEXT MEETINGS:   Wednesday, July 08, 2015:  BCC/Planning Commission worksession

                                    Wednesday, July 15, 2015:  Planning Commission hearing

 

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