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LARIMER COUNTY PLANNING COMMISSION

Minutes of February 18, 2004

 

No Audio Available

 

The Larimer County Planning Commission met in a regular session on Wednesday, February 18, 2004, at 6:30 p.m. in the Hearing Room.  Commissioners’ Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, and Wallace were present. Commissioner Korb presided as Chairman.  Also present were Rob Helmick, Senior Planner, Karin Knauf, Planner II, Matt Lafferty, Planner II, Geniphyr Ponce-Pore, Planner II, Roxann Hayes, Engineering Department, Doug Ryan, Environmental Health, and Mandi Schmierer, Planning Technician and Recording Secretary.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: None 

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  None

 

APPROVAL OF THE MINUTES FOR THE JANUARY 21, 2004 MEETING: MOTION by Commissioner Pond to approve the minutes with the recommended corrections; seconded by Commissioner terMeer.  This received unanimous voice approval.

 

APPROVAL OF THE MINUTES FOR THE JANUARY 28, 2004 MEETING: MOTION by Commissioner Pond to approve the minutes with the recommended corrections; seconded by Commissioner terMeer.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA: None

 

CONSENT ITEMS:

 

ITEM #1 SODERBERG HOMESTEAD OPEN SPACE TRAILHEAD LOCATION AND EXTENT #04-Z1504: Mr. Lafferty provided background information on the request to construct a trailhead parking lot at the Soderberg Homestead Open Space.  The proposed trailhead would provide parking and access to the Soderberg Homestead Open Space passive recreational trail.  Mr. Lafferty indicated that access to the trailhead parking lot would be from County Road 25G (Minuteman Drive) and would consist of a one way entrance at the south side of the site and a one way exit at the north side of the site.   

 

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

 

      BE IT RESOLVED that the Planning Commission approves the Soderberg Homestead Open Space Trailhead Location and Extent #04-Z1504

 

Commissioner Morgan seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

ITEM #2 EAGLES NEST OPEN SPACE TRAILHEAD LOCATION AND EXTENT #04-Z1503: Mr. Lafferty provided background information on the request to construct a trailhead parking lot at the Eagles Nest Open Space.  The proposed trailhead would provide parking for and access to the Eagles Nest Open Space passive recreational trail.  Mr. Lafferty indicated that a pay station kiosk and restroom would be arranged around the parking lot area.  Access to the trailhead parking lot would come from County Road 74E. 

 

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

 

BE IT RESOLVED that the Planning Commission approves the Eagles Nest Open Space Trailhead Location and Extent #04-Z1503.

 

Commissioner Wallace seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

ITEM #3 KOUN'S SUBDIVISION #03-S2181: Mrs. Ponce-Pore provided background information on the request to divide 5.41 acres into two lots.  The request was also for an appeal to Section 8.12.3 of the Larimer County Land Use Code which requires a drainage plan.  The site was located approximately 3 miles southwest of Loveland, approximately 2200 feet east of the intersection of County Road 10 and County Road 21, on the south side of the road.  Ms Ponce-Pore noted that Condition #5 had been revised to read: “Engineering for any new residential and/or septic system construction within this subdivision shall be done in consideration of potential groundwater issues and the recommendations made by the Colorado state Geological Survey memo, prepared by Jill Carlson, dated January 6, 2004, including footing and foundation design, the need for perimeter drain system(s), adequate drainage away from foundation(s) and septic system (ISDS) design.” 

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Koun's Subdivision #03-S2181for the property described on "Exhibit B" be approved subject to the following conditions:

 

1.   The Final Plat of the Koun’s Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #03-S2181, unless modified by the conditions of this approval.

 

2.   The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, fire department requirements, the requirement for an access permits and culverts, the need for engineered footings and foundations, the need for engineered septic systems, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

 

3.   The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication.  The fee amount that is current at the time building permit application shall apply.  Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit.

 

4.   Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

5.   Engineering for any new residential and/or septic system construction within this subdivision shall be done in consideration of potential groundwater issues and the recommendations made by the Colorado state Geological Survey memo, prepared by Jill Carlson, dated January 6, 2004, including footing and foundation design, the need for perimeter drain system(s), adequate drainage away from foundation(s) and septic system (ISDS) design

 

Commissioner Waldo seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb, voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

ITEM #4 WIND RIVER RANCH SPECIAL REVIEW #03-Z1488: Ms. Knauf provided background information on the request to expand a Retreat/Resort Lodge to include replacement of staff housing, expansion of the dining room, replacement of the swimming pool, and a picnic pavilion.  The property was located on the east side of Highway 7, south of Estes Park.  Ms. Knauf indicated that the maximum number of staff volunteers and/or employees was 30 and that the facility was comprised of 12 buildings for guest cabins and four cabins for staff and work crew.   Ms. Knauf noted a change to Condition #10.  The condition was modified to read: “Prior to the Public Hearing before the Board of County Commissioners this Condition #10 may be modified with the approval of the Allenspark Fire Protection District to state the following "Within 12 months of this Special Review approval the applicant shall fit the existing pool with dry hydrants compatible with Allenspark Fire Protection District equipment. The replacement pool shall include dry hydrants compatible with Allenspark Fire Protection District equipment."

 

Dave Butts, representative from Wind River Ranch, indicated there was water in the pool throughout the whole year that would meet the requirements for the fire protection district.

 

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

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Wind River Ranch Special Review #03-Z1488 the property described on "Exhibit C" be approved subject to the following conditions:

 

1.   Operation of the Wind River Ranch Retreat/ Resort Lodge Special Review shall be as specified in the representations of the applicant and in the information contained in file #03-Z1488 unless modified by conditions of approval.

 

2.   The plans submitted by the applicant constitute a Site Specific Development Plan.  All proposed improvements shall be constructed in strict compliance with these approved plans and shall be consistent with the information contained in the file #03-Z1488. 

 

3.   Within 6 months of this Special Review approval the applicant shall execute a Final Development Agreement for approval by the County to be recorded in addition to the Findings and Resolution of the County Commissioners.  The Development Agreement shall specify details of the project including, but not limited to, completion and maintenance of all improvements and plans required to serve the project.

 

4.   Prior to issuance of building permits for the swimming pool or dining hall the applicant shall address and resolve the technical issues found in the following referral letter:

·  Larimer County Health Department by Doug Ryan dated December 10, 2002.

 

5.   The issuance of any Certificates of Occupancy for new or remodeled structures shall be contingent on completion of the new sewer system installation.  Staff may issue temporary certificates based on consultation with the Department of Health and Environment that satisfactory arrangements are in place to handle sewage flows on a temporary basis provided that adequate progress is made on construction of the new sewer system.

 

6.   All buildings identified to be removed, Site Plan buildings #26 Swamp, #27 Love Shack and #38 Bath House, shall be removed and evidence of their removal shall be submitted to the Planning Department within 6 months of this Special Review approval.  Building #19 Hen House shall be modified, including all applicable building permits, into the picnic pavilion within one year of this Special Review approval.

 

7.   Disposal areas for garbage and trash shall be constructed and maintained to discourage animals from trying to enter the areas, as outlined in the letter from Scott Hoover, Division of Wildlife, dated August 21, 2003.

 

8.   All new exterior lighting shall be with full cut-off, down directed fixtures with a maximum of ten (10) foot-candles, to minimize off site diffusion.

 

9.   All new structures shall be constructed of materials consistent with the character of the existing structures on the property. 

 

10.   Prior to the Public Hearing before the Board of County Commissioners this Condition #10 may be modified with the approval of the Allenspark Fire Protection District to state the following "Within 12 months of this Special Review approval the applicant shall fit the existing pool with dry hydrants compatible with Allenspark Fire Protection District equipment. The replacement pool shall include dry hydrants compatible with Allenspark Fire Protection District equipment."

 

11.   All disturbed areas shall be rehabilitated and revegetated within 6 months to reduce the potential for invasive weeds and to provide wildlife habitat.

 

12.   Failure to comply with the conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

Commissioner Morgan seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb, voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

TABLED ITEM FROM THE NOVEMBER 19, 2003 HEARING:

 

ITEM #5 DAPPER DOG KENNEL SPECIAL REVIEW #01-Z1399: Mr. Lafferty provided background information on the request to operate an outdoor dog kennel with a maximum occupancy of 30 dogs.  The request was also for an appeal to Section 8.6.3.C.1 of the Larimer County Code regarding paved parking. Mr. Lafferty indicated that at the November 19, 2003 Hearing, the Planning Commission had deliberated on the issues regarding the proposal and recommended that the application be tabled for 90 days so that the applicant and neighboring property owners could discuss a resolution to potential compatibility issues.  To date, the applicant had submitted a letter from the mediator which stated that no solutions had been resolved between the Troxells and Dr. Hoffner.

 

Barbara Troxell, 4417 East Prospect, said she had come to a compromise with Dr. Hoffner and agreed to install an 8' fence between her property and Dr. Hoffners’.  She also read letters she had received from surrounding neighbors and clients who supported her business.  Mrs. Troxell also provided a daily schedule of when the dogs were allowed to go outside.

 

Commissioner Nelson asked where the new fence would be located.  Mrs. Troxell indicated on the map where the fence would be constructed.

 

Discussion continued between the members of the Commission and the applicant as to where the 8' fence would be located.  The location and height of the proposed fence is illustrated on the attached "Exhibit A1".   

 

Commissioner Wallace asked Mrs. Troxell if she would be willing to plant a vegetative barrier inside the 6' fence.  Mrs. Troxell said yes. 

 

Commissioner Morgan provided wording for Condition #5 that read: "An 8' solid screening fence shall be constructed that will run diagonally on the south side of the property along the canal to a point and then a 6' screening fence from that point to the barn on the east side of the property.  As specifically shown on Exhibit A1".    

 

PUBLIC TESTIMONY:

None

 

DISCUSSION:

Commissioner Nelson moved that the Planning Commission adopt the following Resolution including the addition of Condition #5 regarding the construction of the fence and Condition #6 pertaining to the daily outdoor schedule as provided by the applicant. 

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners that the Dapper Dog Kennel Special Review #01-Z1399 for the property described on "Exhibit A2" be approved subject to the following conditions:

 

1.   The Dapper Dog kennel shall be operated consistent with the documentation and representations as documented in the Planning File #01-Z1399, except as modified by the condition of approval.

 

2.   The subject Special review application shall be re-evaluated if noise or operational complaints are received by the County.

 

3.   The applicant shall enter into a development agreement with Larimer County, which will ensure construction of the necessary improvements for the use, as well as successful operation of the facilities.

 

4.   In lieu of adjacent road improvements, the applicant shall provide funds equal to the cost of the said improvements, as determined by the applicants engineer and approved by the County Engineer, which funds will be held for future improvements adjacent to the property.  The funds shall be provided with the recordation of the Development Agreement.

 

5.   An 8' solid screening fence shall be constructed that will run diagonally on the south side of the property along the canal to a point and then a 6' screening fence from that point to the barn on the east side of the property.  As more specifically shown on Exhibit A1.

 

6.   The hours of operation and outdoor use of the property for the dogs shall be limited to the times as represented by the applicant.

 

Staff recommends approval of the applicants appeal request to Section 8.6.3.C.1 (paving of parking area) of the Land Use Code.

 

Commissioner Waldo seconded the Motion.

 

Commissioners' Boulter, Huddleston, Morgan, Nelson, Pond, terMeer, Waldo, Wallace, and Chairman Korb voted in favor of the Motion.

 

MOTION PASSED: 9-0

 

REPORT FROM STAFF:  Mr. Helmick reminded the Commission of their upcoming meetings. 

 

ADJOURMENT:  There being no further business, the hearing adjourned at 7:35 p.m.

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

 

_______________________________                      ______________________________

Mark Korb, Chairman                                                  Rodney Nelson, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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EXHIBIT D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.