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AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, June 15, 2016/6:30 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 18, 2016 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

G.        TABLED ITEM:

Detailed Information

1.   FLOODPLAIN CODE REVISIONS – TABLED TO JULY 20, 2016

 

                  Staff Contact:  Eric Tracy

 

 

H.        ITEMS

 

            2.         CHENOWETH SPECIAL REVIEW & SPECIAL EXCEPTION                  #16-Z1999

 

Staff Contact:  Michael Whitley

            Request:  A) Special Review to allow a Resort Lodge/Resort Cottage in the O – Open zoning district;

            B) Special Exception Approval for a Bar and Restaurant in the O – Open zoning district;

            C) Appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access

            Location:  Section 32, Township 06, Range 71; 13964 County Road 43, Drake; Located south of County Road 43 approximately one mile west of the intersection of County Road 43 and Storm Mountain Drive

                        Applicant:  Annemarie Chenoweth, Opal Land and Cattle LLC, P.O. Box 411, Drake,

                        CO 80515

 

 

 

 

 

 

Development Services Team Recommendation: 

A.    For the Special Review

The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Chenoweth Special Review, File 16-Z1999, to allow a Resort Lodge/Cottage 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 Chenoweth Special Review, File 16-Z1999 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 Chenoweth 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.   Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

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

 

6.   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.

 

7.   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.

 

 

 

 

8.   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.

 

B.   For the Special Exception

The Development Services Team offers no recommendation regarding the Chenoweth Special Exception, File #16-Z1999 to allow a Bar and Restaurant in the O – Open zoning district. 

 

If the Planning Commission recommends approval of the proposal, the Development Services Team recommends 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 Chenoweth Special Review, File 16-Z1999 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 Chenoweth Special Review.

 

3.   Failure to comply with any conditions of the Special Exception 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 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.

 

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.

 

C.   For the Appeal to Section 8.6.3.C.1 of the Land Use Code.

The Development Services Team offers no recommendation regarding the paving appeal, File #16-Z1999.

 

 

3.         ANDERSON RESORT COTTAGES SPECIAL REVIEW                                        #16-Z2000

 

Staff Contact:  Michael Whitley

            Request:  Special Review to allow a Resort Lodge/ Cottage accommodating up to eight guests in the O – Open zoning district.

            Location:  651 Meadowview Drive, Estes Park; located approximately 265 feet northwest of the intersection of Pine Tree Drive and Meadowview Drive

            Applicant:  Cheryl Anderson, 913 Sandy Cove Lane, Fort Collins, CO 80524

 

Development Services Team Recommendations:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners denial of the Anderson Resort Cottage Special Review, File #16-Z2000.

 

 

I.          REPORT FROM STAFF

 

J.          ADJOURN

 

NEXT MEETINGS:   Wednesday, July 6, 2016:  BCC/Planning worksession

                                    Wednesday, July 20, 2015:  Planning Commission hearing

 

Background Image: Dream Lake frozen over in Rocky Mountain National Park by Bryce Bradford. All rights reserved.