LARIMER COUNTY PLANNING COMMISSION
Wednesday, April 20, 2016/6:30 P.M./Commissioners' Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE
D. PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA
E. APPROVAL OF THE MINUTES FOR THE MARCH 16, 2016 MEETING.
F. AMENDMENTS TO AGENDA
1. MOUNTAIN WHITEWATER DESCENTS AMENDED SPECIAL REVIEW
Staff Contact: Karin Madson
Request: Amended Special Review to change the layout and location of the parking and amphitheater areas to improve circulation and visitor experience. No other changes are proposed to the previously approved Special Review, File#14-Z1926.
Location: 34-08-69; located on the south side of Highway 287, approximately ½ mile west of North Shields Street.
Applicant: Brad Modesitt, 2411 N. Shields, Fort Collins, CO 80524
Development Services Team Recommendation: The Development Services Team recommends the Larimer County Planning Commission recommend the Approval of the Mountain Whitewater Descent Amended Special Review File #16-Z2002, 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 Mountain Whitewater Descent Special Review File #14-Z1926 and the Mountain Whitewater Descent Amended Special Review File #16-Z2002 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 and Mountain Whitewater Descent Amended Special Review.
3. All other conditions of approval for the Mountain Whitewater Descent Special Review File #14-Z1926 continue to apply.
4. The Site Plan Review application shall address the requirements of the Poudre Fire Authority noted in the memo from Jim Lynxwiler, dated March 16, 2016.
2. PEAK VIEW ESTATES CONSERVATION DEVELOPMENT #14-S3231
Staff Contact: Karin Madson
Request: Preliminary Plat for a Conservation Development consisting of 2 residential lots (approx. 8-9 acres each) and one residual lot (22.25 ac.) with an existing residence and outbuildings. An appeal to Section 8.14.2.S. of the Land Use Code (LUC) regarding connectivity and an appeal to Section 8.14.4. requiring utility easements between lots where to common lot line is the centerline of the ditch.
Location: SW ¼ of NW ¼ 29-04-69; located east of Beverly Drive and north of Meining Road.
Applicant: Ellyn J. and William B. Prescott, 1166 Rocky Heaven Lane, Berthoud, CO 80513
Development Services Team Recommendation:
A.The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Peakview Estates Conservation Development, File #14-S3231 and the Appeal to Land Use Code Section 8.14.4. subject to the following condition(s):
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Peakview Estates Conservation Development, File #14-S3231except 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 Peakview Estates Conservation Development.
2. The applicant shall execute a Disclosure Notice 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; rural and agricultural issues, fees, building envelopes, fire department requirements, requirements for engineered footings and foundations, requirements and costs associated with 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.
The Disclosure Notice shall include information regarding the dam failure hazard associated with the Dry Creek Dam as it relates to the existing home on Residual Lot A.
The Disclosure Notice shall also include the following information:
a. Outdoor fixtures should be designed, shielded, aimed, located and maintained to prevent glare and light trespass on abutting properties and the vicinity.
b. The style of light standards and fixtures should be consistent with the style and character of architecture proposed on the site.
c. The use of exterior lighting should be minimized in areas of important wildlife habitat. Lighting should be designed so it does not spill over onto such habitat.
d. All outdoor lighting, except low-output (2000 lumens or less) lighting, should be equipped with an on-off switch.
3. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
4. Fire Requirements – The final construction plans shall include a hydrant at the intersection of Rocky Heaven Land and Menifee Street that shall be designed to be capable of providing a water supply that meets the requirements of the Berthoud Fire Protection District. Specifically, fire hydrants shall be capable of flowing at 1000 GPM with a 20 Psi residual pressure. The applicant/developer shall provide evidence of satisfactory fire flows prior to the issuance of any permits. In the event fire flows are not satisfactory, the residences shall be fire sprinklered with NFPA 13D residential sprinklers, installed by an approved contractor. Plans for the sprinkler system shall be approved by the Berthoud Fire Department.
5. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
6. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
7. The Final Plat application shall include information to describe the source of water rights needed to supply the anticipated demands of this development. This information shall also be provided to the Little Thompson Water District. This information will then need to be reviewed and confirmed to be adequate for the Division of Water Resources to confirm a finding of no potential for injury to existing water rights and the adequacy of the proposed water supply.
8. The Final Plat application shall include information to address the comments of Clint Jones, Engineering Department, dated Feb. 3, 2016.
9. The Final Plat application shall include information to address the comments #2, #3, and #7 from the Dry Creek Lateral Ditch Company, in the letter from Randy Starr, dated Feb. 12, 2016.
B. The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commssioners Denial of the Peakview Estates Conservation Development, File #14-S3231, Land Use Code Appeal to Section 8.14.2.S. regarding the provision of connectivity.
3. WINDJAMMER SPECIAL EXCEPTION #15-Z1995
Staff Contact: Karin Madson
Request: Special Exception for approval to:
1. Continue to use the existing “beer garden” to serve food and beverages, including alcohol.
2. Provide outdoor musical performance entertainment during the summer months in the “beer garden” area.
3. Allow the business to hold charitable auctions on the premises periodically.
Location: 34-05-70; located on the west side of County Road 31 & north of North Shore Drive.
Applicant: Christopher L. and Lisa M. Miller, 3431 S County Road 31, Loveland, CO 80537
Development Services Team Recommendations: The Development Services Team recommends two options to the Larimer County Planning Commission:
A. The Larimer County Planning Commission recommend to the Board of County Commissioners Denial of the Windjammer Roadhouse Special Exception request, file #15-Z1995.
B. The Larimer County Planning Commission recommend to the Board of County Commissioners Approval of a portion of the Windjammer Roadhouse Special Exception request, file #15-Z1995, to include an accessory outdoor seating area including outdoor food and drink service in addition to the existing restaurant and bar subject to the following conditions:
1. No outdoor music of any kind is allowed on the property.
2. Requests to hold charity auctions at the property (including those with fewer than 300 people at any one time) shall be evaluated through the Special Events process as outlined in Section 7 of the Larimer County Land Use Code. No other outdoor events are allowed.
3. Failure to comply with any conditions of this approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
4. The applicant shall submit a Site Plan Review application for review and approval within 90 days of approval. The Site Plan Review application shall address the comments outlined in the memo from Clint Jones, dated Dec. 2, 2015, including right-of-way dedication, the access along County Road 31, and show that the site has the ability to function properly. The site plan shall be based off of survey data and should include property dimensions, existing and proposed right-of-way, roads, buildings, the septic system, drive isle locations and dimensions, and setbacks.
5. The requirements of the Loveland Fire Rescue Authority as outlined in the memo from Carie Dann, dated Dec. 9, 2015 shall be met at building permit submittal.
H. REPORT FROM STAFF
NEXT MEETINGS: Wednesday, May 11, 2016: BCC/Planning Commission worksession
Wednesday, May 18, 2016: Planning Commission hearing