Loveland Bike Trail
 

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, December 22, 2014/3:00 P.M./Hearing Room

 

A.    CALL TO ORDER

 

B.   PLEDGE OF ALLEGIANCE

 

C.   PUBLIC HEARING CONSENT ITEMS:    *Will not be discussed unless requested by

                                                                                      Commissioners or members of the audience.

 

DETAILED INFORMATION

 

*1.       PATTERSON POINTE PLANNED UNIT DEVELOPMENT LOTS 6 & 7

LOT CONSOLIDATION, FILE #14-S3266

 

Staff Contacts:  Brenda Gimeson, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  A Lot Consolidation to combine Lots 6 and 7 of the Patterson Pointe PUD into one lot.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

Location:  Section 19, Township 6 North, Range 68 West, 7752 and 1419 Vantage View Ct., Fort Collins, Colorado

Applicant/Owner:  Eugene & Brigid Lewis - 7752 Vantage View Pl., Ft Collins, CO  80525

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Lot Consolidation for the Patterson Pointe PUD Lots 6 and 7 Lot Consolidation (File # 14-S3266) subject to the following conditions subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 22, 2015, or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

3.    The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

 

*2.       VERN’S MINOR SPECIAL REVIEW,

            FILE #14-Z1946

 

Staff Contacts:  Rob Helmick, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request:  Approval of outdoor seating/patios by Minor Special Review for up to 40 seats. 

Location:  30-8-69; At Vern’s in La Porte on the north side of CR 54G at 4120 CR 54G

                        Applicant/Owner:  Nicholas Lanteri - 4120 CR 54G, La Porte CO  80535

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the VERN’S Minor Special Review file # 14-Z1946, subject to the following condition(s):

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in VERN’S Minor special Review file # 14-Z1946, 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 Vern’s Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the 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 Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor 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 Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   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 Minor Special Review approval.

4.   The owner is responsible for obtaining all required building permits for the proposed patio.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. 

5.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

 

*3.       VERN’S AMENDED PLANNED DEVELOPMENT REZONING,

            FILE  #14-Z1947

 

Staff Contacts:  Rob Helmick, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request:  To amend the current Planned Development (PD) zoning, which allow restaurants but not outdoor seating/patios, to be consistent with the County Code, which allows outdoor seating/patios by Minor Special Review

Location:  30-8-69; At Vern’s in La Porte on the north side of CR 54G at 4120 CR 54G

Applicant/Owner:  Nicholas Lanteri - 4120 CR 54G, La Porte CO  80535

 

Planning Commission and Development Services Team Recommendation:  Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Vern’s Amended PD Rezoning, file #14-Z1947, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

1.   The Planned Development zone shall be amended to include:

Restaurant.  An establishment where the principal business is the sale of food and beverages in a ready-to-consume state. Fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use.

a.   An outdoor seating area or outdoor food service requires approval through The Minor Special Review process.

b.   Drive-in or drive-through service facilities requires approval through the Minor Special Review process.

2.   A separate Minor Special Review application must be reviewed and approved prior to commencement of the use. 

 

MOTION PASSED:  6-0

 

 

D.    PUBLIC HEARING DISCUSSION ITEM:

 

4.         ATLAS TOWER CMRS AMENDED SPECIAL REVIEW, FILE #14-Z1945

 

Staff Contacts:  Karin Madson, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Amendment to the Atlas Tower Special Review (file #12-Z1816) to include a revised cell tower location and an appeal to the tower setback requirements in Section 16.1.3.A.3.b. of the Larimer County Land Use Code to allow the tower to be 19 feet from the rear property line rather that the 78 feet required.

Location:  E1/2 of 18-08-69; located on the south side of West County Road 56E and west of County Road 21 (Overland Trail)

Applicant:  Mike Powers/Atlas Tower - 4450 Arapahoe Ave., Suite 100, Boulder, CO 80503

Owner:  Juan Devora - 2025 N. College, #34, Fort Collins, CO 80525

 

Planning Commission and Development Services Team Recommendation:  Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Atlas Tower Amended Special Review, file #14-Z1945, and appeal to Section 16.1.3.A.3.b of the Land Use Code, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   This Amended 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 previously approved plan and with the information contained in the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 except as modified by approval of this Atlas Tower CMRS Amended Special Review File #14-Z1945, 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 Atlas Tower/AT&T CMRS Special Review and the Atlas Tower CMRS Amended 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.

8.   All conditions of approval for the Atlas Tower/AT&T CMRS Special Review File #12-Z1876 continue to apply.

 

MOTION PASSED:  6-0

 

 

E.         ADJOURN

 

 

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, December 22, 2014/6:30 P.M./Hearing Room

 

A.        CALL TO ORDER

 

B.        PUBLIC HEARING DISCUSSION ITEM:

 

 

DETAILED INFORMATION:

 

1.         MOUNTAIN WHITE WATER DESCENTS SPECIAL REVIEW, FILE #14-Z1926

 

Staff Contact:  Karin Madson, Planning; Eric Tracy Engineering; Doug Ryan, Health

            RequestA. Special Review to allow the existing Rafting Business to be expanded to include a bar/tavern and restaurant with outdoor seating and live music venue, community hall (wedding and other special events), an outdoor play area.  B. Appeal to Land Use Code Section 8.2.8. to allow development in wetlands areas and buffer areas along with 1:1 wetland replacement and mitigation.

            Location:  34-08-69; located on the south side of Highway 287, approximately ½ mile west of North Shields Street.

            Applicant/Owner:  Brad & Lindsey Modesitt Trust - 2411 N. Shields, Fort Collins, CO 80524

 

Planning Commission and Development Services Team Recommendation: 

 

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

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Mountain Whitewater Descents Special Review, file #14-Z1926, for the property described on “Exhibit D” to the minutes, with deleted condition #12 and 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.   Site Plan Review and approval is required prior to the expansion of the current use on the property.

3.   The Site shall be developed consistent with the approved plan and with the information contained in the Mountain Whitewater Descent Special Review File #14-Z1926) 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 Mountain Whitewater Descent Special Review.

4.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 120 days of Site Plan Review approval or prior to building permit issuance, whichever occurs first.

 

5.   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

6.   The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to the commencement of the use and no later than February 16, 2015. 

7.   Prior to final approval of  Site Plan Review application(s) the following shall be completed:

a) The City’s sewer main extension project is authorized and scheduled;

b) Plans for the applicant’s sewer line connection the new main are approved; and

c) The timeline for the sewer line is established with completion to occur prior to the need for a building permit certificate of occupancy.

8.   Prior to commencing the use the applicant shall adequately address the concerns indentified by the Fire Department in their referral comments from Jim Lynxwiler, dated April 4, 2014 and the follow-up comments dated August 7, 2014.

9.   The location of all proposed buildings (including the new building and the storage containers) shall be adjusted so that they meet required setbacks.

10.   Easements for the Little Cache irrigation ditch crossing the property will need to be dedicated and shown on the site plan at the Site Plan Review.  Additionally the Site Plan Review application shall demonstrate that there are adequate facilities and easements to ensure delivery of irrigation water through the development area to the properties located south of the development.

11.   Landscape site design shall be revised at the site plan review stage to address and incorporate as many of the comments # 10 thru #20 from Clark Mapes at the City of Fort Collins (refer to memo from Ryan Mounce, dated August 6, 2014) as practicable.

12.   Comments were also received from an attorney representing property owners to the south of the properties owned by the Modesitt’s.  In their comments they request that the applicant replace the existing open ditch with underground irrigation pipes to ensure delivery of water they own to the property owners hay fields.  Staff has included a condition of approval to address this issue

13.   Prior to approval of a Site Plan Review application the applicant shall develop a wetlands mitigation plan for 1:1 replacement of disturbed wetland areas.  That mitigation plan will need to be reviewed by a third party consultant (to be paid for by the applicant per LUC Section 8.01.A.)  The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

14.   The Highway 287 improvements identified in the applicant’s traffic study consisting of an eastbound right turn lane and westbound left turn lane adjacent to the site shall be completed prior to the commencement of the expanded use of the property. 

 

MOTION PASSED:  5-1

 

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

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval the appeal to Section 8.2.8 of the Larimer County Land Use Code, subject to the following conditions:

 

1.   The applicant shall develop a wetlands mitigation plan to for Staff review and approval. The plan shall also be reviewed by a third party consultant as provided for in Section 8.01.A of the Land Use Code.  All costs for the consultant will be paid by the applicant.

2.   The applicant shall provide mitigated wetlands on a 1:1 basis.  Mitigated wetlands will extend onto the applicant’s adjacent property to the south. 

3.   The applicant shall provide a guarantee or surety as part of the mitigation plan to ensure survival of replacement wetlands.

 

MOTION PASSED:  5-1

 

C.        ADJOURN

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.