LARIMER COUNTY PLANNING COMMISSION
Wednesday, July 15, 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 JUNE 17, 2015 MEETING.
F. ELECTION OF OFFICIALS
G. AMENDMENTS TO AGENDA
H. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience.
*1. HORSETOOTH FACILITY LOCATION AND EXTENT #15-Z1981
Staff Contact: Rob Helmick
Request: Location and Extent review and approval of a request by the Larimer County Department of Natural Resources to build a new administrative facility adjacent to Horsetooth Reservoir.
Location: Northeast ¼ of Section 6, Township 6 N, Range 69 W; 4200 W County Road 38E
Applicant: Larimer County Natural Resources, Mark Caughlan, 1800 S County Road 31, Loveland, CO 80537
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission approve of the Horsetooth Facility Location and Extent, File #15-Z1981, subject to the following condition(s):
1. Prior to obtaining a building permit, the Larimer County Natural Resources Department must submit an application to the Planning Department for Site Plan Review for review and approval.
*2. BIG ELK MEADOWS WATER LOCATION AND EXTENT #15-Z1978
Staff Contact: Savanah Benedick
Request: Location and Extent Review for a new connecting water line, a new 51,000-gallon water tank to replace an existing water tank, and new water lines to replace lines damaged in the 2013 flooding.
Location: 35-7-72; At Big Elk Meadows along Big Elk Meadows Road approximately 3.7 miles southwest of Hwy 36.
Applicant: Big Elk Meadows Assoc, Linda Adler/Manager, PO Box 440, Lyons CO 80540
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission approve the Big Elk Meadows Water Tank Location and Extent, file # 15-Z1978, subject to the following condition(s):
1. Follow the Larimer County Best Management Practices for pipeline construction; this shall include plans for revegetation of disturbed areas.
2. The applicant shall coordinate all bores/crossings of the local and county roads affected by the route and obtain all necessary permits and permissions.
3. The applicant shall obtain all necessary and required municipal, State and Federal permits for the construction of the pipeline. This includes any floodplain or other permits.
4. The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval. Significant alterations to the route shall be evaluated by the County prior to commencing activity, and may be subject to further review.
5. The construction of the water tank and interconnections shall require a Site Plan Review approval
*3. RAWHIDE SOLAR AMENDED 1041 #15-Z1979
Staff Contact: Rob Helmick
Request: Amended 1041 permit for the construction of a new solar power plant at the Platte River Power Authority Rawhide power generating facility.
Location: 4-10-68; 2700 CR 82. North of Wellington at the Rawhide Power Plant site.
Applicant: Platte River Power Authority, Chris Woods, 2000 Horsetooth Road, Fort Collins CO 80525
Development Services Team Recommendations: The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the RAWHIDE SOLAR POWER PLANT 1041 PERMIT AMENDMENT, File # 15-Z1979, subject to the following condition(s):
1. The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the RAWHIDE SOLAR POWER PLANT 1041 PERMIT AMENDMENT File # 15-Z1979 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 RAWHIDE SOLAR POWER PLANT 1041 PERMIT AMENDMENT File # 15-Z1979.
2. Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.
3. On site construction, activities will follow the recommendations of the consultant with respect to any cultural resources identified during construction.
4. Site fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.
*4. CHILSON 2ND AMENDED REZONING #15-Z1973
Staff Contact: Michael Whitley
Request: Amended Rezoning to remove conditions of approval from an established C – Commercial zoning district.
Location: Section 35, Township 05, Range 68; 6503 E. Highway 60, Loveland, located northwest of the intersection of I-25 and Highway 60
Applicant: J and T LLC, Jerry L. Lee, 7320 Barnes Court, Fort Collins, CO 80528
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Chilson Second Amended Rezoning, File #15-Z1973, a request to remove previously imposed conditions of approval from the C – zoning district on the subject 9.5-acre property.
*5. GALLEGOS SANITATION REZONING #15-Z1976
Staff Contact: Michael Whitley
Request: Special Review for recycling facility (General Industrial use) within an existing commercial building in the I – Industrial Zoning District
Location: Section 7, Township 7 North, Range 68 West of the 6th P.M.; 1941 Heath Parkway, Fort Collins; located southeast of the intersection of Heath Parkway and Airpark Drive
Applicant: Gallegos Sanitation, Inc., 1941 Heath Parkway, Fort Collins, CO 80524
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Gallegos Recycling Special Review, File #15-Z1976, 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 Gallegos Recycling Special Review, File #15-Z1976 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 Gallegos Recycling 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 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.
*6. GOMEZ REZONING #15-Z1975
Staff Contact: Karin Madson
Request: Rezoning of one lot (southern lot) with R-Residential Zoning to PD-Planned Development zoning based on the uses allowed in the C-Commercial zoning district.
Location: 16-05-69; located on the south side of Highway 34 at 3508 W. Eisenhower
Applicant: Roger Gomez, 3508 W. Eisenhower Blvd., Loveland, CO 80537
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Gomez Planned Development Rezoning, File #15-Z1975, request to rezone the property from T-Tourist and R1-Residential to PD-Planned Development, subject to the following condition(s):
1. The applicant shall submit a complete Boundary Line Adjustment application for the property affected by this rezoning no later than 180 days after Board of County Commissioners approval. The property line between the lots shall be modified to reflect the legal description in the rezoning request. The rezoning to PD-Planned Development shall not be effective until the Boundary Line Adjustment plat is recorded.
2. Within 60 days of approval the applicant shall provide Community Development staff with an executed and notarized Annexation Agreement to the City of Loveland, Colorado.
3. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Gomez Planned Development shall be as follows:
A. Principal uses:
1. Automobile service station (SP)
3. Carwash (SP)
4. Clinic (SP)
5. Convenience store (SP)
6. Flea market (SP/ S)—See section 4.3.3
7. General commercial (SP)
8. General retail (SP/S)—See section 4.3.3
9. Instructional facility (SP)
10. Outdoor display/sales (SP)
11. Personal service (SP)
12. Professional office (SP)
13. Restaurant (SP/MS)—See section 4.3.3
14. Church (SP/S)
15. Community Hall (SP/S)
16. Crematorium (S)
17. Funeral Home (SP)
18. Health services (SP)
19. Hospital (SP)
20. Rehabilitation facility (SP)
21. School, nonpublic (S)
22. Membership club/clubhouse (SP)
23. Place of amusement or recreation (SP/S)—See section 4.3.5
24. Shooting range (SP/S)—See section 4.3.5
25. Hotel/motel (SP)
26. Enclosed storage (SP)
27. Light industrial (SP)
28. Outdoor storage (SP/MS)
29. Small solar facility (R/PSP)
30. Trade use (SP)—See section 4.3.7 Utilities
31. Commercial mobile radio service (SP/S)—See section 16
32. Radio and television transmitters (S)
33. Parking lot/garage (SP)
34. Transportation service (SP)
B. Lot, building and structure requirements:
1. Minimum lot size:
a. 100,000 square feet (2.3 acres) if a well or septic system is used.
b. 15,000 square feet (0.34 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—Ten feet.
c. Rear yards—20 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. A parcel may be used for one or more principal buildings and accessory buildings.
*7. MORENG SUBDIVISION #15-S3306
Staff Contact: Matt Lafferty
Request: A preliminary plat for a subdivision to create 2 lots on a 17.48 acre property.
Location: A portion of Section 12, Township 8 North, Range 69 West: More specifically the property is situated on the southwest corner of the intersection of County Roads 60 and 15.
Applicant: Joseph Moreng, 327 E. County Road 60, Fort Collins, Colorado 80524
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Comission recommend to the Board of County Commissioners approval of the Moreng Subdivision, File # 15-S3306, subject to the following condition(s):
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Moreng Subdivision, File # 15-S3306, 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 Moreng Subdivision, File # 15-S3306.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Poudre school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
3. Unless a fire hydrant is installed within 400 feet of a new residence on Lot 2, Fire sprinkler suppression systems shall be required for the residential use structures.
4. 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.
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.
I. REPORT FROM STAFF
NEXT MEETINGS: Wednesday, August 12, 2015: BCC/Planning Commission worksession
Wednesday, August 19, 2015: Planning Commission hearing