LARIMER COUNTY PLANNING COMMISSION
Wednesday, October 15, 2014/6:30 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 SEPTEMBER 17, 2014 MEETING.
F. AMENDMENTS TO AGENDA
G. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience.
*1. ARDEC LOCATION AND EXTENT #14-Z1948
Staff Contact: Rob Helmick
Request: Location and Extent Review of a new classroom/shop building at the CSU ARDEC Campus
Location: 15-8-68; East of I-25 on CR 56 at the ARDEC Campus of Colorado State University.
Applicant: Colorado State University, Fred Haberecht, Facilities Services North, Fort Collins CO 80523-6030
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission approve the CSU ARDEC CENTER FOR AGRICULTURAL EDUCATION LOCATION AND EXTENT, File # 14-Z1948, subject to the following condition:
1. The applicant shall coordinate any contemplated drainage or traffic improvements with the Larimer County Road and Bridge and Engineering Department.
*2. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – SECTION 13 LOCATION AND EXTENT #14-CA0146
Staff Contact: Rob Helmick
Request: To make changes to the Land Use Code, Sections 13.2 and 13.3 Location and Extent, to reflect current policy
Applicant: Larimer County
Development Services Team Recommendation: The Planning Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments to the Larimer County Land Use Code, File #14-CA0146.
3. SWEETHEART CITY WINERY SPECIAL REVIEW #13-Z1904
Staff Contact: Michael Whitley
Request: A) Special Review for a winery, tasting room with gift shop and community hall/event center in the FA-1 - Farming Zoning District; and B) Appeal to Section 8.6.3.C.1 of the Land Use Code regarding paving of the parking spaces and access
Location: Section 7, Township 05, Range 69 and Section 18, Township 05, Range 69; 5500 W. Highway 34, South of Highway 34, approximately ¼ mile west of the intersection of Highway 34 and Wild Lane.
Applicant: David Burkes, 2511 Amber Drive, Loveland, CO 80537
Development Services Team Recommendation:
A) The Development Services Team recommends the Larimer County Planning Commission recommends to the Board of County Commissioners approval of the Sweetheart City Winery Special Review, File #13-Z1904, 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 Sweetheart City Winery Special Review, File #13-Z1904 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 Sweetheart City Winery.
3. Events shall be limited to 8 per month.
4. A maximum of 210 people including event attendees, employees and service personnel shall be allowed on the property during events.
5. The operation on the site shall be conducted in compliance with the noise mitigation measures described in the applicants’ project description.
6. Outdoor operations shall be limited to between 7am and 7pm and indoor operations shall cease at or before midnight.
7. If the traffic generated by this parcel increases by greater than 20% from the metrics found in the 7/20/14 Delich traffic study, a new CDOT Access Permit will be required at which point CDOT may investigate the possibility of constructing auxiliary lanes on the highway.
8. It will be the property owner’s responsibility to provide traffic information and any requested traffic studies to the Colorado Department of Transportation. This would not preclude CDOT from conducting their own study.
9. All required plans and reports, including but not limited to, a landscaping plan, drainage report, fire protection plan and water line Final Public Improvement Construction Plans, shall be completed by the property owners and approved prior to the issuance of a Development Construction Permit or building permits on the property.
10. 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.
11. This application is approved without the requirement for a Development Agreement.
12. 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.
13. 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.
14. 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) The Development Services Team recommends the Larimer County Planning Commission recommends to the Board of County Commissioners denial of the appeal to Section 8.6.3.C.1 of the Land Use Code.
I. REPORT FROM STAFF
NEXT MEETINGS: Wednesday, November 12, 2014: BCC/Planning Commission worksession
Wednesday, November 19, 2014: Planning Commission hearing