AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, April 16, 2014/6:30 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 19, 2014 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

G.        CONSENT ITEM:                           *Will not be discussed unless requested by Commissioners or                                      members of the audience.

Detailed Information

 

*1.       AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – HOUSEKEEPING ITEMS                                                                                    #14-CA0141

 

Staff Contact:  Karin Madson

Request:  To make several housekeeping changes to the zoning table, Section 01., 5.8.5.B.1.b., 4.3.2.1., Table 12.3.1., 5.13.1, 4.3.10.I.2.f.,9.5.6.C.2., 9.6.7.C.2., and 15.1.1.

Applicant:  Larimer County

 

Development Services Team Recommendation:  Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments, file #14-CA0141,to the Larimer County Land Use Code.

 

 

H.        TABLED ITEM:

 

            2.         FLOWER POWER BOTANICALS LICENSES                                             #14-G0259

 

Staff Contact:  Michael Whitley

            Request:  Approval of a Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License.  The applications include a waiver request from a provision within Section VIII.A.4 of the Larimer County Resolution for Licensure of Retail Marijuana Establishments to allow the licensed premises to be located closer than 500 feet to a place of amusement or recreation. 

 

Location:  Section 7, Township 7 North, Range 68 West of the 6th P.M.; 1308 & 1310 Duff Drive, Fort Collins, North of Duff Drive approximately 750 feet northwest of the intersection of Link Lane and Duff Drive 

            Applicant:  Peter Verchick,  lower Power Botanicals, 1308 Duff Drive, Fort Collins, CO 80524

 

 Development Services Team Possible Recommendation: 

A.    Planning Commission recommends to the Board of County Commissioners approval of the Flower Power Botanicals Retail Marijuana Store License (File #14-G0259) based on compliance with the land use standards and review criteria cited in Sections X.F.6 and XIII of the Larimer County Resolution for Licensure of Retail Marijuana Establishments, subject to the following conditions;

1.   The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

2.   The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution For Licensure of Retail Marijuana Establishments.

or

 

Planning Commission recommends to the Board of County Commissioners denial of the Flower Power Botanicals Retail Marijuana Store License (File #14-G0259) based on noncompliance with the land use standards and review criteria cited in Sections X.F.6 and XIII of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

B.   Planning Commission recommends to the Board of County Commissioners approval of the Flower Power Botanicals Retail Marijuana Cultivation Facility License (File #14-G0259) based on compliance with the land use standards and review criteria cited in Sections X.F.6 and XIII of the Larimer County Resolution for Licensure of Retail Marijuana Establishments, subject to the following conditions;

1.   The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

2.   The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution For Licensure of Retail Marijuana Establishments.

or

 

Planning Commission recommends to the Board of County Commissioners denial of the Flower Power Botanicals Retail Marijuana Cultivation Facility License (File #14-G0259) based on noncompliance with the land use standards and review criteria cited in Sections X.F.6 and XIII of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

 

 

I.          ITEMS:

 

3.         ART 342 AMENDED SPECIAL REVIEW                                                     #14-Z1924

 

Staff Contact:  Rob Helmick

Request:  To amend the Art 342 Special Exception approval for an artist retreat with five studios, a single-family residence, accessory home occupations and studio space.

Location:  23-08-69: Located at the NW corner of the intersection of W. Douglas Road and Eagle Lake South

            Applicant:  Haley Hasler and Emmanuel Didier, 342 Douglas Road, Fort Collins CO

 

Development Services Team Recommendations:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Amended ART 342 Special Exception, File # 14-Z1924, subject to the following condition(s):

1.    Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners. The Special Exception 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 Amended Art 342 Special Exception, File #14-Z1924, 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 Art 342 Special Exception, File #14-Z1924.

3.    The Amended Art 342 Special Exception Special Exception is approved without the requirement for a Development Agreement. The Findings and Resolution shall apply and 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 Exception approval.

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 Exception, 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 Exception approval should not be revoked, and /or bring a court action for enforcement of the terms of the Special Exception. 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 Exception 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 Exception as appropriate to monitor and enforce the terms of the Special Exception approval. The Artist Retreat is limited to no more than five artists at a single time coming to the site. No on site, sales of artwork, art showings or art instruction are allowed.

6.    The applicant shall maintain the vault system for the sink drains in the artist studio building and provide for routine maintenance and pumping of the vault

7.    All activities and uses on site are limited to those for the Special Exception as approved, and shall not include art sales, showings, instruction or other special functions.  The use of the large studio building shall be allowed to contain the home occupation and the resident’s studio space. 

 

 

4.         MODESITT REZONING                                                                                  #13-Z1921

 

Staff Contact:  Karin Madson

            Request:  Proposed rezoning from FA-Farming to PD-Planned Development to allow commercial type uses.

Location:  34-08-69: located on the south side of Highway 287 approximately 1/2 mile west of N. Shields Street. 

            Applicant:  Michael Chalona, Neenan Company, 2607 Midpoint Dr., Fort Collins, CO  80525

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Modesitt Rezoning, file #13-Z1921, request to rezone the property from FA-Farming to PD-Planned Development, subject to the following condition(s):

1.    The applicant shall submit a complete Amended Plat application for the properties affected by this rezoning no later than 180 days after Board of County Commissioners approval.  The property line between the lots shall reflect the legal description in the rezoning request.

2.    Within 60 days of approval the applicant shall provide Community Development staff with an executed and notarized Annexation Agreement to the City of Fort Collins, Colorado.

3.    The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Modesitt Planned Development shall be as follows:

 

Modesitt PD Rezoning (all use descriptions referenced as listed in the Larimer County Land Use Code, as amended).

 

A.    Principal uses:

Agricultural

1.   Apiary (R)

2.   Farm (R)

3.   Equestrian Operation (SP, MS, S)

4.   Garden supply center (SP)

5.   Livestock veterinary clinic/hospital (SP/S)—See section 4.3.1

6.   Pet animal facility (SP/S)—See section 4.3.1

7.   Pet animal veterinary clinic/hospital (SP/S)—See section 4.3.1

Commercial

8.   Bar/tavern (SP-indoor only/ S-with outdoor seating area)

9.   General commercial (SP)

10.   General retail (SP/S)—See section 4.3.3

11.   Instructional facility (SP)

12.   Outdoor display/sales (SP)

13.   Personal service (SP)

14.   Professional office (SP)

15.   Restaurant (SP-indoor only/ S-with outdoor seating area, outdoor food service and/or drive through)

Institutional

16.   Church (SP-indoor only/ S-with outdoor seating, recreation or activity area and/or school/daycare)

17.   Community Hall (SP-indoor only/ S-with outdoor seating, recreation or activity area)

18.   School, nonpublic (S)

Recreational

19.   Rafting Business (SP)

20.   Place of amusement or recreation (SP/S)—See section 4.3.5

Industrial

21.   Enclosed storage (SP)

22.   Light industrial (S)

23.   Small solar facility (R/PSP)

24.   Trade use (SP)—See section 4.3.7

Utilities

25.Commercial mobile radio service (SP/S)—See section 16

 

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 setbacks 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—10 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. A parcel may be used for one or more principal buildings and accessory buildings.

 

 

Note:

a.   Uses followed by an (R) are allowed by right.

b.   Uses followed by an (SP) require approval through the site plan review process described in section 6.1.

c.   Uses followed by a (PSP) require approval through the public site plan review process described in section 6.2.

d.   Uses followed by an (MS) require approval through the minor special review process.

e.   Uses followed by an (S) require approval through the special review process described in section 4.5.

f.   Uses followed by a combination of (R/SP/PSP/MS/S) may be allowed by right or require approval based on thresholds identified or as listed in section 4.3 (use descriptions).

 

 

5.         AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE –

            BUILDINGS 120 SQ.FT. OR LESS                                                             #14-CA0142

 

Staff Contact:  Karin Madson

Request:  To add a new Section 4.9.2.E. Detached Accessory Building 120 square feet in area or less.

Applicant:  Larimer County

 

Development Services Team Recommendation:  Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed amendments, file #14-CA0142, to the Larimer County Land Use Code.

 

 

J.          REPORT FROM STAFF

 

K.        ADJOURN

 

NEXT MEETINGS:   Wednesday, May 14, 2014:  BCC/Planning Commission Worksession

                                    Wednesday, May 21, 2014:  Planning Commission hearing