LARIMER COUNTY PLANNING COMMISSION

Minutes of April 20, 2011

 

The Larimer County Planning Commission met in a regular session on Wednesday, April 20, 2011, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Gerrard, Glick, Hess, Miller, and Wallace, were present.  Commissioner Hart presided as Chairman.  Commissioner Dougherty was absent.   Also present were Matt Lafferty, Principle Planner, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Karin Madson, Planner II, Jeff Goodell, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Mr. Lafferty accompanied Commissioners Cox, Gerrard, Glick, Hart, Miller, and Wallace on a site visit to Berthoud Tie Line Location and Extent, ELCO Location and Extent, Dick’s Trash Rezoning, Eden Valley Institute Special Review, Caring Touch Network Special Review, and Morning Drive Waterline 1041. Commissioner Hess visited the sites independently.

 

Chairman Hart welcomed new commissioner, Gary Gerrard.

 

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:  

Clair Louise Chapel Martin, stated that she had lived at 1052 Big Thompson Canyon since 1954 and owned a house at 2236 Clydesdale Drive since 1982.  She stated that she was upset that no leadership was being shown in the county.  She stated that if there was a land use ordinance regarding grass not being allowed to grow more than 18 inches then it needed to be advertised in the paper.  She also stated that the tamarack trees needed to be cut down.  She stated that Eric Fried, Code Compliance Officer, contacted her regarding vehicles that had been on her properties since the 1960’s.  She stated that everyone in the county should be aware of the rules and regulations.  She felt that she was being targeted, and she pointed out that she was a disabled veteran. 

 

APPROVAL OF THE MINUTES FOR THE MARCH 16, 2010 MEETINGS:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEMS:

 

ITEM #1  BERTHOUD TIE LINE LOCATION AND EXTENT #11-Z1844 :   Mr. Helmick provided background information on the request for a 550-foot section of high pressure gas line located south of County Road 14 and west of Pine Hill Road, northwest of Berthoud.  He noted that the applicant was doing a Location and Extent review after a successful appeal to not be subject to the 1041 review/permit process.

 

 

 

 

 

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the Berthoud Tie Line Location and Extent, file #11-Z1844.

 

Commissioner Glick seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #2  ELCO RADIO TOWER LOCATION AND EXTENT #11-Z1843 :   Ms. Madson provided background information on the request for a 40-foot radio tower to transmit meter data to the East Larimer County Water District (ELCO) offices located on the west side of N. Shields, north of the Poudre River at the Larimer County Emergency Services facility.  She noted that the Engineering Department was recommending that a flood plain construction permit be obtained.

 

DISCUSSION:

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

 

BE IT RESOLVED that the Planning Commission approve the ELCO Location and Extent, file #11-Z1843, with the condition that the proposed construction comply with the recommendations and requirements outlined by the Engineering Department as outlined in the memo from Jeff Goodell, dated March 23, 2011.

 

Commissioner Glick seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #3  DICK’S TRASH REZONING #10-Z1826:  Mr. Helmick provided background information on the request to rezone the property from O-Open to PD-Planned Development to allow commercial uses on the site located on the south/west side of Highway 287, approximately ¼ mile north of the Highway 1 intersection.

 

Chairman Hart asked if there would be any restrictions regarding the hours of operation.

 

Mr. Helmick replied no and stated that there had been a business use on the site for 20 years.

 

 

 

 

 

DISCUSSION:

 

Commissioner Glick 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 Dick’s Trash Rezoning, file #10-Z1826, request to rezone the property from O-Open to PD-Planned Development, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.   For any use at the site the area south of the existing building to the south property line shall be used for static storage of goods or vehicles.  Active uses in this area shall be generally limited to normal business hours.  

2.   Any change of use shall be subject to Site Plan review and the application of the current development standards.

3.   An agreement to annex shall be prepared and executed not later than 60 days after Board of County Commissioners approval of the request.

4.   All uses/users shall insure that the screening, landscaping and buffering on the south property line is in place and maintained. 

5.   The Planned Development zone shall be:

 

                        A.        Principal uses:

                                    Agricultural

                                                Apiary (R)

                                                Livestock veterinary clinic/hospital (SP/S)

                                                Pet animal facility (SP/S)

                                                Pet animal veterinary clinic/hospital (SP/S)

                                    Commercial

                                                Automobile service station (SP)

                                                Bar/tavern (SP/MS)

                                                Clinic (SP)

                                                General commercial (SP)

                                                Instructional facility (SP)

                                                Outdoor display/sales (SP)

                                                Personal service (SP)

                                                Professional office (SP)

                                    Institutional

                                                Church (SP/S)

                                                Crematorium (S)

                                                Funeral Home (SP)

                                                Health services (SP)

                                    Accommodation

                                                Hotel/motel (SP)

                                    Industrial

                                                Enclosed storage (SP)

                                                Light industrial (S)

                                                Outdoor storage (SP/MS)

                                                Trade use (SP)

 

 

                                    Utilities

                                                Commercial mobile radio service (SP/S)

                                                Radio and television transmitters (S)

                                    Transportation

                                                Parking lot/garage (SP)

                                                Transportation service (SP)

                                                Transportation depot (SP)

                                                Truck stop (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 setback 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.  No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #4  EDEN VALLEY INSTITUTE SPECIAL REVIEW #10-Z1819 :   Mr. Whitley provided background information on the request for a Master Plan to allow for the expansion of an existing non-conforming Religious Community including:  renovations to existing residential and non-residential structures, replacement of existing single-wide mobile homes with manufactured and/or site-built homes, expansion and relocation of a health retreat center, re-establishment of an elder care home, upgrade and renovate the water and sewer systems, and paving an existing internal access road.  The site is located west of N. County Road 29, approximately ¼ mile west of the intersection of N. County Road 29 and N. County Road 27.

 

 

 

DISCUSSION:

Commissioner Glick 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 Eden Valley Institute Special Review, file #10-Z1819, for the property described on “Exhibit B” 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 Eden Valley Special Review File #10-Z1819 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 Eden Valley 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.   Prior to issuance of building permits for the Phase One replacement dwellings, a completed Colorado Site Application and Utility Plan shall be submitted for initial review by local agencies (the North Front Range Water Quality Planning Association and Larimer County Department of Health and Environment.

 

9.   The Phase One replacement dwellings planned for new septic systems may be served by on-site septic systems in the Larimer County Department of Health and Environment finds that the Utility Plan demonstrates that those systems would comply with state policy on multiple sewer systems and County standards for individual sewer systems.

 

10.   The Phase One replacement dwellings planned for connection to the central sewer system may be served by the existing treatment plant if the Larimer County Department of Health and Environment finds that the Colorado Site Application and Utility Plan are complete and adequate to support the future upgraded treatment plant.

 

11.   Prior to the issuance of building permits for the Phase Two health retreat center and later improvements, Eden Valley Institute shall complete the permitting and installation process for the central sewer system as required by the Colorado Department of Health and Environment compliance order. 

 

12.   Life-safety inspections of all structures on the property shall be conducted to ascertain if there are any imminent life-safety issues present and to establish the correct occupancy for each structure as defined under the Building Code.  Permits and all inspection approvals shall be obtained within six months from the final determination on this Special Review application.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace, and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #5  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #11-CA0116:  Ms. Madson provided background information on the request to make several housekeeping changes to Sections 4.3.2 (delete redundancy), 4.3.10 (changes to home occupation, accessory wind generators, living area and commercial outdoor storage), 5.7.3., 5.8.6, 12.6.1., 12.6.6., 18.3.5. (to correct errors), 12.2.7. (add language), Table 8.6.3. (missing graphic), and 6.2.2. (add additional uses).

 

DISCUSSION:

Commissioner Glick 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, file #11-CA0016, be approved subject to the following conditions:

 

 

 

 

 

 

1.    Modify the portion of section 12.2.7.E. regarding resubmittal of an application as follows:

12.2.7.E.  Resubmittal of an application. A development application denied or revoked by the county commissioners may be resubmitted only if the applicant makes significant changes to address the reasons stated for the denial or revocation. The planning director will determine if the changes are sufficient to allow a resubmittal. The decision of the planning director can be appealed to the county commissioners.

 

2.    4.3.2.C and 4.3.2.I are redundant dwelling, cabin uses.  Delete:

I.    Dwelling, cabin. A structure that contains at least one habitable room for living, sleeping, eating, cooking and sanitation that is designed, arranged and intended to be occupied by one occupant or living unit. A dwelling may be leased or rented for any time period. A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals.

 

1.   A cabin that includes a primary heat source will be considered to be a single-family dwelling.

2.   Cabins are permitted in the applicable zoning districts (See subsection 4.1) only in the west half of Range 70, in Ranges 71-78 and in Townships 11 and 12, Ranges 68-78.

 

3.    Section 5.7.3.B has an incorrect cross-reference. Modify to read:

B.   The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.2 1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

4.   Section 5.8.6.D.3.c.4 has an incorrect reference.  Modify to read :  

4)   Bridge specification—Bridges must be designed and constructed to comply with the specifications of Section 7.1 of the Larimer County Rural Area Road Standards.

 

5.         Section 12.6.1.C.3. has an incorrect cross-reference. Change the section to read:

3.  A reference to the use plan for residual land and/or common area and its incorporation into the development agreement (see subsection 8.10 8.14.6., use plans for residual land and/or common area.)

 

6.         Section 12.6.6.C. has an incorrect cross-reference. Change the section to read:

C.    If a use plan for residual land and/or common area (see subsection 8.10 8.14.6., use plans for residual land and/or common area) is required for the project, provisions for perpetual maintenance of the common facilities must be included in the use plan for residual land and/or common area.

 

7.   Section 18.3.5.E. has an incorrect cross-reference. Change the section to read:  

 

 

E.  The storage of unoccupied recreational vehicles as an accessory use to a single family dwelling is addressed in section 4.3.10.EF. The storage of recreational vehicles as a business requires property that is zoned I-industrial or I-1 heavy industrial and requires approval through the special review process.

 

8.  Change the review process for accessory living area in a detached building, section 4.3.10.G.2.a. as follows:

a.   Accessory living area in a detached building is subject to review and approval through the minor special public site plan review process in section 4.5 6.2;

 

9.  Change the review process for accessory outdoor commercial storage, section 4.3.10.L. as follows:

L.  Accessory outdoor commercial storage. The storage of materials, equipment, products and any other goods that are clearly incidental and subordinate to the principal business, commercial or industrial use of the property. Parking of employee and customer vehicles is not accessory outdoor commercial storage. Accessory outdoor commercial storage areas that cannot meet all the following requirements require review and approval through the minor special public site plan review process.

 

10.  Change the review process for accessory wind generator, section 4.3.10.N. as follows:

N.  Accessory wind generator. Each lot may include a wind generator for the use of the property owner. An accessory wind generator that cannot meet all the following standards requires review and approval through the minor special public site plan review process. A wind generator must meet the following standards:  (Note: list would follow)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.   TABLE 8.6.3(b).IV is missing a portion of the graphic.  Replace table as follows:

TABLE 8.6.3(b).IV

PARKING SPACE CALCULATIONS

Compact Vehicles

A

B

C2

D

E

F

G

0 degrees

7.5

19

7.5

19

20

12

30 degrees

7.5

16.5

14.8

15

20

15

45 degrees

7.5

16.5

17

10.6

20

15

60 degrees

8

16

17.9

9.2

24

20

90 degrees

8

15

15

8

24

20

Normal Vehicles

A

B

C2

D

E

F

G

0 degrees

8

23

8

23

20

12

30 degrees

8.5

20

17.4

17

20

15

45 degrees

8.5

20

20.2

12

20

15

Normal Vehicles

60 degrees

9

19

21

10.4

24

20

90 degrees

9

19

19

9

24

20

 For handicapped spaces, the width is 13 feet.   (1)

Stall length can be reduced by two feet when overhang   (2) is provided. However, one-sided loading stall width must be increased by two feet for a 90-degree parking angle.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


12.   Change the home occupation regulations to require public site plan review (rather than minor special review) only in cases where the home occupation has outdoor storage or the area used for the home occupation exceeds 800 square feet, clarify employee section, change the number of vehicle trips to 10 for all home occupations, and remove the dates for building construction and for registrations requirements. 

 

Modify the second paragraph of Section 4.3.10.B. as follows:

Home occupations are allowed in all zoning districts by right and by minor special review public site plan review as detailed below.

 

 

Modify 4.3.10.B.1. as follows:

Add a new 4.3.10.B.1.b. and renumber the balance of the section:

b.  The home occupation is conducted in a legally constructed dwelling and/or detached accessory building.

 

Modify 4.3.10.B.1.d. as follows:

c. d.  The home occupation is conducted only by members of the family who reside on the premises plus up to one full time equivalent person who works at the site of the home occupation and does not reside on the premises.

 

Modify 4.3.10.B.1.k. as follows:

j. k.  Any property owner who establishes a home occupation after June 19, 2006 must is encouraged to complete and sign a Home Occupation Registration Certificate prior to operation.

 

Add a new item 4.3.10.B.1.l. to read:

l.   Vehicle trips associated with the home occupation, except for retail sales events, will not exceed ten trips in any one day.

 

Modify 4.3.10.B.2. as follows :

Delete section a. and d. and renumber the section: 

a.  The home occupation is conducted in a dwelling and/or in a detached accessory building. The detached accessory building must have been legally constructed prior to June 19, 2006.

d.  Vehicle trips associated with the home occupation, except for retail sales events, will not exceed six trips in any one day.

 

Modify 4.3.10.B.3. as follows :

3.   A home occupation meeting the criteria in subsection 1 above and wishing to operate under the following conditions or circumstances may operate if approval is first obtained through the minor special review public site plan review process.

 

Modify 4.3.10.B.3.a. as follows :

a.   Outdoor storage of materials, parts, vehicles, equipment, finished product and other items is allowed if the outdoor storage does not exceed a maximum of 800 square feet of area and will be effectively screened from surrounding properties and public roads, and is limited to the following:.

 

Maximum area of screened outdoor storage

Minimum setback from all property lines

200 square feet

50 feet

201—400 square feet

100 feet

401—800 square feet

200 feet

 

 

 

 

 

 

Delete section 4.3.10.B.3.b. and d. and renumber the section: 

b.   The home occupation is to occur in an accessory building that had or will have a building permit issued after June 19, 2006.

d.  Vehicle trips associated with the home occupation, except for retail sales events, will not exceed ten trips in any one day.

 

Modify Section 6.2.2.A.1. as follows:

1.   Prior to acceptance of any building permit application for:

a.   Equestrian operations;

b.   Any other principal or accessory use that requires public site plan review as listed in the section 4.3 use descriptions.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM #6  CARING TOUCH NETWORK SPECIAL REVIEW #10-Z1782 :   Chairman Hart noted that the applicant was requesting to tabled this item beyond July, 2011.  He stated that the item had previously been tabled twice at the request of the applicant, and the application had been in process for more than a year with the community meeting held in February, 2010.  He felt that delaying a recommendation would hold the application up and there would be no opportunity for approval until the Fall, 2011.  He did not feel that it would serve the county nor the applicant and felt that it should be heard.  There were no objections from the commission.

Mr. Whitley provided background information on the request for a medical marijuana dispensary and grow facility in the I-Industrial zoning district located at 1708E. Lincoln Avenue, approximately 150 feet east of Commerce Drive.  He noted that the property was within the Fort Collins Growth Management Area and the East Mulberry Corridor Plan Area.  The request also included appeals to Sections 4.3.3.F.1 and 4.3.3.G.1 of the Larimer County Land Use Code to allow the dispensary and grow facility to be within 500 feet of a church.  He explained that the proposal was for a grow operation for up to 360 plants and dispensary serving up to 60 patients.  The medical marijuana would be delivered from the property and there would not be a storefront on the premises.  He noted that there was a church within 500 feet of the property, which triggered the appeals to the Land Use Code.  A child care facility was located in the Miramont Fitness Center when the application was submitted in March 2010 and was within 1000 feet of the site; however, in June 2010 the child care license expired.  In December 2010, Rollerland Skate Center obtained a child care license and was located within 1000 feet.  Since Rollerland obtained the license after the application was submitted, the applicant did not have to appeal the separation requirement between the two uses.  Mr. Whitley noted that some surrounding property owners had written letters objecting to the proposed use citing concerns regarding property values, potential crime, compatibility, a concentration of such uses in the area, and the ability of the County to enforce the size of the operation and the number of plants cultivated.  The City of Fort Collins had requirements regarding separation between medical marijuana facilities and

 

 

 

churches and commented that they could not support a request for a variance to that standard.  The Development Services Team was recommending denial of the application and appeal.

 

Commissioner Glick asked for clarification regarding why the application could not be transferred to another property.

 

Mr. Whitley explained that the Board of County Commissioners adopted a moratorium on excepting applications for Special Reviews for medical marijuana related uses that went into effect on July 1, 2010.  A ban was adopted on medical marijuana related used in August, 2010.  When the ban was adopted there was a specific stipulation that applications that were submitted prior to July 1, 2010 could continue through the review process but no applications for new uses would be accepted.  If the applicant had found a different location that met the separation requirements that would have necessitated a new application.  Mr. Whitley pointed out that the applicant did know that there would be appeals to the Land Use Code when they submitted their application in March, 2010 but did not make a new application prior to the moratorium. 

 

PUBLIC TESTIMONY:

Jathan Trevena, was representing Rollerland Skate Center and Rock-n-Roller’s Day Camp, which opposed to the application.  He stated that the skate center catered to children and now they had a day care center open.  He felt that the operation would be a detriment to the clients.  They were also concerned about property values.  He asked that it be denied.

 

DISCUSSION:

Commissioner Glick thanked the staff for working with the applicant, especially regarding the tabling of the item several times.  He did not feel that it was fair to the process or the people impacted to have the application tabled again.  He stated that the City of Fort Collins comments needed to be considered.  Along with that, a compatibility issue occurred with the Rollerland Skate Center.  He stated that he would not be able to support the proposal for those reasons.

 

Commissioner Gerrard recused himself, as he knew the applicant’s attorney and the owners of Rollerland Skate Center.

 

Commissioner Miller stated that the proposal for delivery was unique.  He felt that the proposal could be compatible with the area and could be necessary for people who needed the service.  Nevertheless, the applicant did not look for a more suitable location within the timeframe they had; therefore, he felt that they did not due their diligence, and he could not approve it.

 

Commissioner Wallace stated that their were rules regarding separation requirements.  As a result, she felt that those rules needed to be upheld.  She also pointed out that the City of Fort Collins had a similar rule with respect to separation.

 

Chairman Hart stated that not all of the review criteria could be met and therefore he could not support the request.

 

Commissioner Glick 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 Caring Touch Network Special Review, file #10-Z1782, and appeals to Sections 4.3.3.F.1 & 4.3.3.G.1 of the Lairmer County Land Use Code, for the property described on “Exhibit C” to the minutes, be denied.  If the Board of County Commissioners approves the Caring Touch Network Special Review the Development Services Team recommends 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 Caring Touch Network Special Review File #10-Z1782, 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 Caring Touch Network 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.    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.

 

5.    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.

 

6.    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.

 

7.    The applicant shall obtain all necessary building and/or change of occupancy permits and shall comply with the applicable Building and Fire Code requirements which may vary depending on the type and quantities of chemicals used and stored within the building.

 

8.    The applicant shall provide a letter from ELCO indicating the installation of a back flow prevention device has been completed.  

 

9.    The property owner shall sign an Annexation Agreement to the City of Fort Collins within 60 days from the date of approval.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Glick, Hess, Miller, Wallace, and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

 

ITEM #7  MORNING DRIVE WATERLINE 1041 #10-Z1819 :   Mr. Helmick provided background information on the request for a 1041 permit for the City of Loveland to install a 30-inch treated water line in an easement which is expected to be wider than 30 feet located north of Highway 34 in the area of Morning Drive adjacent to and in Namaqua Hills Subdivision.  He explained that the City of Loveland analyzed and considered three routes and ultimately one was chosen.  He noted that if the original Morning Drive alignment would have been chosen only a Location and Extent would have been required because the easement already existed.  The line was for a treated water supply transmission line, which was necessary to the city for a redundant supply to insure public safety in the western parts of Loveland.  He stated that the City of Loveland held several public outreach meetings regarding the project.  Out of the three alternative routes examined, the selected route had the fewest costs and least impact to the surrounding owners.  The Development Services Team felt that the selected route also avoided most of the significant impacts and were recommending approval.

 

PUBLIC TESTIMONY:

Rebecca Norton, City of Loveland Water and Power, stated that there were frequent breaks to the current system, and the City wanted to have a more reliable system.  They were proposing to install a secondary line so that dual systems were in place in the case that one line went down.  She stated that three alignment options were considered.  The first was to be along Morning Drive which was along the existing route and line.  It posed many challenges because the neighborhood was accessed by that street.  The emergency access for that area was strictly for emergencies and the neighborhood did not want that access opened.  There were also many other lines underneath the road that the City would have to work around.  The second alignment was the preferred option because it was located within a 30-foot parcel adjacent to a larger parcel of land.  The third option would go through the Group Publishing parking lot, which was the least preferred option due to rocky outcrop conditions.  It also paralleled the Louden Ditch for the longest distance which could cause impact to trees or issues regarding leaking.  She stated that opportunities were taken to meet with the public, which included Namaqua Hills General Improvement District #8, Louden Ditch, and individual landowners that would be impacted by the preferred route. 

 

Commissioner Glick asked if easements had been obtained.

 

Ms. Norton replied no.  The City was waiting for the 1041 process to be completed.

 

Commissioner Gerrard asked how big of a construction easement would be needed.

 

Ms. Norton replied at least 60 feet.  Possibly 90 feet in some areas.

 

Commissioner Gerrard asked if the bore was feasible underneath the ditch and the road.

 

Ms. Norton stated that it was feasible for the road but she did not believe that they would be able to get underneath the ditch due to grades. 

 

Commissioner Hess asked if trees would be replanted.

 

Ms. Norton replied yes.

 

Chairman Hart asked if there were outstanding issues with the landowners.

 

Ms. Norton replied that the neighborhood was concerned about opening up the access at 22nd Street.  She anticipated issues would occur if the alignment did have to go under Morning Drive.

 

Rod Village, 1800 Morning Drive, stated that the current 24-inch water main went through his property to get to the pump station.  He stated that the neighborhood paid for the road and paid to maintain the road.  The 24-inch main had broke twice within the last five years and caused the neighborhood to have a one-lane road.  He felt that putting another waterline under Morning Drive seemed to be a ridiculous when it was such a narrow road.  He did not feel that construction under Morning Drive was feasible and felt it would cause a great impact.  He thought the that the preferred route was feasible and would be better in terms of access and maintenance.

 

Bill Moninger, 2201 Skyrock Road, stated that he was in agreement with the City of Loveland’s preferred route.  He believed that if they could not bore under Morning Drive then the utilization of 22nd Street would be an issue. 

 

Chairman Hart confirmed that no alignment was guaranteed.

 

Ms. Norton replied yes.

 

DISCUSSION:

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 that the Morning Drive Waterline 1041, file #11-Z1839, for the property described on “Exhibit D” to the minutes, be approved subject to the following conditions:

 

1.   The activity authorized by this permit shall be consistent with the approved plan and with the information contained in the Morning Drive Water Line File # 11-Z1839, 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 Morning Drive Water Line File # 11-Z1839.

 

2.   The city shall obtain an agreement with the Louden Irrigating and Canal Company, prior to construction within its easement. 

 

3.   Permits from the County for road access or other Right of Way permits must be obtain prior to construction.

 

4.   If the crossing of Morning Drive and the Louden Ditch result in a need to cut the roadway and cause a road closure the City shall insure that adequate alternative access is in place prior to any closure. 

 

Commissioner Glick seconded the Motion.

 

Commissioners’ Cox, Gerrard, Glick, Hess, Miller, Wallace, and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

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

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 8:00 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.

 

 

_______________________________                      ______________________________

Gerald Hart, Chairman                                               Jana Hess, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

A tract of land situate in the Northeast 1/4 of Section 35, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the South line of said Northeast 1/4 as bearing S89°55'37"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S89°53'19"E 1391.81 feet from the Center 1/4 Corner of said Section 35, and run thence along the West line of a parcel as recorded at Reception No. 90027231. N00 °42'25 "E 493.92 feet to a point on the existing Southwesterly right-of-way line of U.S. Highway No. 287; thence along said existing Southwesterly right-of-way line, S40° 11 '32"E 372.58 feet; thence departing said existing Southwesterly right-of-way line, S48°41'54"W 136.64 feet; thence S38°28'55"E 152.75 feet; thence N89°53'01 "W 239.09 feet to the point of beginning, containing 1.7199 acres, more or less, and being subject to all easements and rights-of-way which are existing or are of record or as shown on this plat.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

Legal Description SW 1/4 OF NW 1/4, W 1/2 OF NW 1/4 OF NW 1/4, NW 1/4, NW

1/4 OF SW 1/4, NE 1/4 OF SE 1/4, NE 1/4 OF SW 1/4, NW 1/4 OF SE 1/4, SE 1/4 OF NW 1/4, SW 1/4 OF NE 1/4, 27-6-70; EX STRIP24 1/2 RODS WIDE OFF N SIDE OF SE 1/4 OF NW 1/4 & SW 1/4 OF NE 1/4 & EX 928-412; ALSO NE 1/4, N 1/2 OF SE 1/4 28-6-70; LESS 20090028296

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

 

REPLAT OF LOT 14, FORT COLLINS INDUSTRIAL PARK FIRST FILING, REPLAT DATED OCTOBER 7, 1975, RECORDED IN BOOK 1687 AT PAGE 564 OF THE LARIMER COUNTY RECORDS, COUNTY OF LARIMER, STATE OF COLORADO.

 

ALSO KNOWN AS 1708 E. LINCOLN AVENUE, FORT COLLINS, COLORADO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT D

 

The proposed waterline is located in Sections 8 and 9, Township 5 North, Range 69 West of the

6th Principal Meridian, Larimer County, Colorado. More specifically, the waterline alignment begins approximately 38 feet north and 96 feet east of the southwest section corner of Section 9. From the point of beginning, the alignment extends west 106 feet, turns and extends north 59 feet, turns and extends northwest 14 feet, turns and extends north 1079 feet, turns and extends northeast 128 feet crossing Morning Drive, turns and extends northwest 63 feet, turns and extends north 94 feet, turns and extends northwest 145 feet crossing Louden Ditch, turns and extends north 108 feet crossing West 20th Street, turns and extends northeast 34 feet, turns and extends north 890 feet at which point the alignment enters the limits of the City of Loveland at the centerline of West 22nd Street.