LARIMER COUNTY PLANNING COMMISSION

Minutes of February 21, 2007

 

The Larimer County Planning Commission met in a regular session on Wednesday, February 21, 2007, at 6:30 p.m. in the Hearing Room.  Commissioners Hart, Waldo, Morgan, Karabensh, Oppenheimer, Pond, Cox and Boulter were present.  Commissioner Wallace presided as Chairman.  Also present were Rob Helmick, Principal Planner, Karin Madson, Planner II, Christie Coleman, Development Services Engineer, and Heather Taylor, Planning Technician and Recording Secretary

 

Rob Helmick accompanied Commissioners Hart, Karabensh, Pond, Oppenheimer, Morgan, Cox and Wallace on this date for a site visit to Jax Thunderdome.  Commissioners Boulter and Waldo were absent. 

 

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 3, 2007 AND JANUARY 17, 2007 MEETINGS:  MOTION by Commissioner Pond to approve the minutes; seconded by Commissioner Cox.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:  

None

 

 

CONSENT ITEMS:

 

ITEM #1  JAX THUNDERDOME SPECIAL REVIEW – 05-Z1574:  Mr. Helmick provided background information on the request for Special Review approval for a Shooting Range – Paintball Facility at the former Holcin cement plant site.

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Jax Thunderdome Special Review, file# 05-Z1574, for the property described on “Exhibit A” to the minutes, be approved 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 Jax Thunderdome Special Review (#05-Z1574), 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 Jax Thunderdome Special Review.

 

3.   The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners no later than a date 3 months from the Board of County Commissioners hearing date. 

 

4.   The applicant shall work with the Larimer County Engineering Department to finalize the revised access to the site.  This will require the removal or closure of one of the access to the offices and paintball facility off of CR 56.

 

5.   At no time shall the sound generated on site from activities or public announcement or music exceed the Larimer County Noise Ordinance for levels allowed for residential properties. 

 

6.   A final lighting plan, which complies with the requirements of Section 8.15, for the site shall be submitted for review and approval at the time of application for building permits for the paintball facility.

 

7.   A final landscape plan shall be submitted prior to submission of any building permit application.  This plan shall be reviewed and approved prior to the issuance of any building permit on the property for the paintball facility. 

 

8.   The hours of operation of this facility shall be daylight hours.

 

9.   The applicant shall insure that all facilities meet the requirements of the Poudre Fire Authority for the assembly use. 

 

10.   The applicant shall obtain permits, at the time of building permit for the paintball use, for all sanitation systems necessary for the use from the Larimer County Health Department. 

 

Commissioner Karabensh seconded the Motion.

 

Commissioners Hart, Karabensh, Oppenheimer, Pond, Boulter, Cox, Morgan, Waldo and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

ITEMS:

 

ITEM #2  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE –

07-CA0068:  Ms. Madson provided background information on the request to make a number of changes to the Larimer County Land Use Code, specifically pertaining to amendments to Section 4.3.10 concerning Accessory Agricultural Uses, and Section 4.3.6.B Bed and Breakfast.

 

 

PUBLIC TESTIMONY:

None

DISCUSSION:

Commissioner Morgan asked for clarification of page 48, paragraph 2, items C and E of the staff report.  He explained that he did not understand the distinction between the old wording and the new revisions. 

 

Ms. Madson explained that the difference was not in the calendar year but in the traffic generation.  She stated that the Minor Special Review process would be applicable if there were less than 20 vehicle trips per day, and anything over that would require a full Special Review application. 

 

Commissioner Boulter asked if the table that was created reflected the discussion of the Planning Commission at the Board of County Commissioners/Planning Commission worksession?

 

Ms. Madson replied yes.

 

Commissioner Oppenheimer stated that he appreciated all of staffs work, and it was a great first step to adding businesses into the community.

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, as described below, file# 07-CA0068, be approved:

 

Item 1. Accessory Agricultural Uses

 

Repeal and recreate LUC Section 4.3.10.A. as follows (Additions to the LUC are underlined.  Some sections of the code have been moved to this new location):

 

Section 4.3.10.

 

A.  Accessory Agricultural Uses.  

 

1. Farmstead.  That portion or portions of a farm, ranch, dairy, feedyard or poultry farm designated for uses which are necessary to the operation, including equipment storage areas. 

a.   Farmstead accessory dwellings:

1. Number.  A farmstead is limited to one dwelling for the owner/operator of the property plus one dwelling for each 40 acres of contiguous ownership. For example, a farmstead on a 40-acre farm could include two dwellings, one for the owner/operator and one for farm help. A farmstead on an 80-acre farm could include three dwellings, one for the owner/operator and two for farm help. 

2. Occupancy.  Farmstead dwellings may be occupied by the owner/operator, their immediate family and residents needed to support the agriculture operation. 

3. Siting.  Each farmstead must be designed to allow a logical pattern of lots that all meet minimum lot size and setback requirements of the applicable zoning district and provide for adequate access, drainage and utilities for each lot. Should the agricultural operation cease, the property owner must pursue one of the following options: 

a. The rural land use process;

b. Subdivision;

c. Conservation development to place each accessory farm dwelling on a separate lot;

d. Identify a separate 35-acre or larger tract for each accessory dwelling; or

e. Present a proposal to be approved by the planning director.

4.   Fees and standards.  Capital expansion fees must be paid for each dwelling when the building permit is issued. Each dwelling must comply with the standards for all development required by section 8 of this code. 

5.   Agreement.  Each plan approved for a farmstead must include an agreement which includes the terms described in subsections c and d above. The agreement must be signed by the property owner, notarized and recorded with the county clerk and recorder. The agreement must state that it runs with the land and is binding on all successors, assigns, heirs and subsequent owners of the property. 

6.   A simplified site plan will be required as part of the process.

 

b.   A farmstead may include agricultural labor housing subject to special review approval by the county commissioners.

 

2.   Farm stand.  A farm may include a stand for the sale of agricultural products produced on the same farm premises. A permanent facility for the sale of agricultural products produced on the same farm premises must comply with all zoning requirements.

 

3.   Value Added Agricultural Processing:  The processing and/or packaging of agricultural products, excluding the processing of fish, meat or game.  Examples include but are not limited to:  the making of alfalfa pellets, herbal products, food products, wreaths, woolen products, cheese, and candles.  Value added processing may include the sales of value added agricultural products produced on the site.

 

a.   A farm, sod farm, nursery, tree farm (not including a sawmill) or greenhouse may include Value Added Agricultural Processing as an accessory agricultural use.

b.   Value Added Agricultural Processing and sales of value added agricultural products produced on the site must meet the following criteria:

1.   The agricultural processing or sales facility must be clearly incidental to and supportive of the dominant agricultural use of the site.

2.   The agricultural processing and sales facility must be operated by the owner or lessee of the agricultural use.

3.   Any processing operation will be located at least 100 feet from property lines unless a greater setback is required by another section of this code.

4.   The processing and/or sales facility, any outdoor storage in connection with the facility, and on-site parking will be effectively screened from existing dwellings within 500 feet.

5.   The hours of operation are limited to the hours between 7:00 am and 9:00 pm.

6.   Noise, fumes, dust, odors, vibration or light generated as a result of the agricultural processing or sales will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

7.   The facility or operation will serve to preserve or enhance the rural character of the neighborhood or vicinity.

8.   The agricultural processing or sales facility will not significantly change the character of the neighborhood. 

9.   The processing facility will not be classified as a hazardous waste generator under state or federal regulations.

10.   Sales of products in addition to those grown or processed on the site will be limited to those clearly incidental, secondary and ancillary to those farm products or as declared and approved as a part of the Minor Special Review or Special Review process.

 

c.   Value Added Agricultural Processing is allowed by right if:

1.   100% (by volume) of raw materials to be processed are raised or grown on the site; and

2.   The total processing and/or sales facility is 1200 sq. ft. or less in gross floor area; and

3.   Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

 

d.   Value Added Agricultural Processing is allowed by minor special review if:

1.   The parcel on which the agricultural use is proposed is 35 acres in area or greater; and

a.   More than 50% (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.   The total processing and/or sales facility is between 1201 to 4000 sq. ft. in gross floor area; and

c.   Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

2.   The parcel on which the agricultural use is located is proposed is less than 35 acres; and

a.   More than 50% (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.   The total processing and/or sales facility is 1200 sq. ft. or less in gross floor area; and

c.   Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

 

e.   Value Added Agricultural Processing is allowed by special review if:

1.   The parcel on which the agricultural use is proposed is 35 acres in area or greater; and

a.   Less than 50% (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.   The total processing and/or sales facility is more than 4000 sq. ft. in gross floor area; and/or

c.   Traffic generation from the value added processing and/or sale of value added processing products is 20 or more vehicle trips/day, including customers, employees and deliveries

2.   The parcel on which the agricultural use is located is proposed is less than 35 acres; and

a.   Less than 50% (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.   total processing and/or sales facility is between 1200 to 4000 sq. ft. in gross floor area; and/or

c.   traffic generation from the value added processing and/or sale of value added processing products is 20 or more vehicle trips/day, including customers, employees and deliveries

 

f.   Site Plan review and approval is required prior to operation for all value added processing and sales facilities unless waived by the Planning Director. 

 

4.   Agritourism Enterprise:  Activities conducted on a working farm or ranch and offered to the public for the purpose of recreation, education, or active tourism related involvement in the farm or ranch operation.  These activities must be incidental to the primary agricultural operation on the site or related to natural resources present on the property.  This term includes farm tours, hayrides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above.  An Agritourism Enterprise does not include accommodations uses or retail sales.

 

a.   A farm, sod farm or nursery, tree farm (not including a sawmill) or greenhouse may include an Agritourism Enterprise as an accessory agricultural use as follows:

b.   The Agritourism Enterprises must meet the following criteria:

1.   The agritourism enterprise will be clearly incidental to and supportive of the dominant agricultural use of the site.

2.   The agritourism enterprise will be operated by the agricultural facility owner or lessee.

3.   Any outdoor activity will be located at least 100 feet from property lines.

4.   The hours of operation are limited to the hours between 7:00 am and 9:00 pm.

5.   Noise, fumes, dust, odors, vibration or light generated as a result of the agritourism enterprise will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

6.   The agritourism enterprise and operation will serve to preserve or enhance the rural character of the neighborhood or vicinity.

7.   The agritourism enterprise and facilities will not significantly change the character of the neighborhood.

8.   The scale and intensity of the agritourism enterprise and facilities must be consistent with the character of the area.

 

c.   A temporary Agritourism Enterprise may be approved by the Planning Director if the following conditions exist: 

1.   The parcel on which the agricultural use is located is proposed is greater than 35 acres; and

2.   Safe and adequate access and parking have been approved by the county engineer; and

3.   Adequate sanitation facilities have been approved by the county health department; and

4.   A specific time frame is established for the use. The maximum length of time for a temporary Agritourism Enterprise use is four months;

5.   The temporary recreational use is located on the site of an existing agricultural use; and

6.   The applicant submits and obtains approval of a site plan that adequately addresses all the requirements noted above.

 

d.   An Agritourism Enterprise facility is allowed by minor special review if:

1.   The Agritourism Enterprise is operated for more than 4 months in a calendar year; and

2.   Traffic generation is less than 20 vehicle trips/day, including customers, employees and deliveries.

 

e.   An Agritourism Enterprise facility is allowed by special review if:

1.   The Agritourism Enterprise is operated for more than 4 months in a calendar year; and

2.   Traffic generation is 20 or more vehicle trips/day, including customers, employees and deliveries: and/or

 

f.   Site Plan review and approval is required for all Agritourism Enterprise facilities unless waived by Planning Director

 

Delete LUC Sections 4.3.1.A.1 and 4.3.1.A.2  (These have been included in the above section.)

 

Delete LUC Section 4.3.9.E (This has been included in the above section.)

 

Add a definition for: Value Added Agricultural Processing - The processing and/or packaging of agricultural products, excluding the processing of fish, meat or game.  Examples include but are not limited to:  the making of alfalfa pellets, herbal products, food products, wreaths, woolen products, cheese, and candles.  Value added processing may include the sales of agricultural products grown on the site or value added agricultural products produced on the site.

 

Add a definition for Agritourism enterprise - Activities conducted on a working farm or ranch and offered to the public for the purpose of recreation, education, or active tourism related involvement in the farm or ranch operation.  These activities must be incidental to the primary agricultural operation on the site or related to natural resources present on the property.  This term includes farm tours, hayrides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above.  An Agritourism Enterprise does not include accommodations uses or retail sales.

 

Item 2.  Bed and Breakfast.

 

Amend the LUC to include Bed and Breakfast as an allowed use in the FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry, and AP-Airport zone districts as follows:

 

Amend Section 4.3.6.B.Bed and breakfast to read as follows (additions are underlined):

Bed and Breakfast.  An owner or operator occupied, single-family dwelling where short-term lodging rooms and meals are provided to guests for a fee. 

1. A bed and breakfast accommodating more than six guests at any time requires approval through the special review process in the A-Accommodations, T-Tourist and B-Business zoning districts.

2. A bed and breakfast in the O-Open, FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry and AP-Airport zoning district accommodating six or fewer guests requires approval through the minor special review process. A bed and breakfast in the O-Open FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry and AP-Airport zoning district accommodating more than six guests requires approval through the special review process.

 

Add “Bed and Breakfast (MS/S)” to Sections 4.1.1.A, 4.1.2.A., 4.1.3.A, 4.1.4.A.and 4.1.21.A under the heading of Accommodations Uses and renumber the rest of Sections 4.1.1.A, 4.1.2.A., 4.1.3.A, 4.1.4.A.and 4.1.21.A.

 

Place the “MS/S” designation for “Bed and Breakfast” use in the accommodation category of the zoning table at the end of Section 4.1 under the FA, FA-1, FO, FO-1 and AP columns.

 

Modify the definition of “Bed and Breakfast” to read - An owner or operator occupied, single-family dwelling where short-term lodging rooms and meals are provided to guests for a fee.

 

Commissioner Waldo seconded the Motion.

 

Commissioners Hart, Karabensh, Oppenheimer, Pond, Boulter, Cox, Morgan, Waldo and Chairman Wallace voted in favor of the Motion.

 

MOTION PASSED:  9-0

 

 

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

 

 

ADJOURNMENT:  There being no further business, the hearing adjourned at 6:55 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.

 

 

 

 

_______________________________                      ______________________________

Nancy Wallace, Chairman                                            Kristen Karabensh, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

Parcel 70, Boettcher Farm Estates as shown on Land Survey Map recorded September 29,2005 at Reception No. 20050083020 County of Larimer, State of Colorado,

 

Being more particularly described as follows:

 

A tract of land located in the Southeast Quarter of Section 17 and the Northeast Quarter

of Section 20, all in Township 8 North, Range 69 West of the 6th P.M., Larimer County.

Colorado, being more particularly described as follows, to wit:

 

Considering the east line of the said Section 17 as bearing South 00°45'01" West

relative to Grid North of the Colorado Coordinate System of 1983 North Zone as

determined by GPS observations and with all bearings contained herein relative thereto; Commencing at the Southeast Comer of said Southeast Quarter;

thence North 00°08'32" West 39.92 feet to the north right-of-way line of Larimer

County Road 56; thence along said north right-of-way line, South 89'07'39'' West

651.99 feet to the intersection with the northwesterly right-of-way line of Larimer

County Road 21C and the Point of Beginning; thence along said northwesterly right-of-way line, South 22°06'19" West 712.32 feet; thence continuing along said right-of-way

.line. South 21°54'09" West 536.21 feet; thence continuing South 15°06'43" West

122.50 feet; thence continuing South 1S006'44" West 105.45 feet; thence continuing

South 01°58'28" East 219.12 feet; thence continuing South 06'38'57" West 217.48 feet; thence continuing along said right-of-way line South 61°07'39" West 103.87 feet as it turns into the northerly- rig-h t-of-way line of Larimer County Road 56E: thence

departing said northerly right-of-way line, North 20'24'41 'west 262.64 feet;

thence North 02'12'09" West 665.45 feet: thence North 13°05'37" East 507.86 feet:

thence NOI-the 08°51'27" East 447.97 feet; thence North 03"16'09" West 515.82 feet;

thence North 2S036'51" West 134.70 feet; thence North 6195'1 1 " West 101.77 feet;

thence North 15°04'28" West 113.76 feet; thence North 1 1°0608"West 206.71 feet;

thence North 26'48'16" West 160.55 feet; thence North 74'45'35" East 359.44 feet;

thence South 58"13'19" East 390.97 feet; thence South 83O22'28" East 228.25 feet:

thence South 54OOT57" East 491.40 feet; thence Soutl~55 O20'00" Wesl370.02 feet;

thence South 0S049'28" West 280.84 feet; thence South 21'29'58" West 227.08 feet to the Point of Beginning and containing 35.610 acres, more or less.