AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, August 20, 2008/6:30 P.M./Commissioners' Hearing Room

 

A.        CALL TO ORDER

 

B.   PUBLIC COMMENT ON THE COUNTY LAND USE CODE

 

C.   PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA

 

D.        APPROVAL OF THE MINUTES FOR THE JULY 16, 2008 MEETING.

 

E.         AMENDMENTS TO AGENDA

 

F.         TABLED ITEM:                             

 

            1.         PROSPECT MOUNTAIN WATER DISTRICT SERVICE PLAN                         #08-G0156

 

                        Staff Contact:  Rob Helmick

 

                        Item tabled to September 17, 2008 per the applicant’s request.

 

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

 

*1.       DIXON CREEK-HORSESHOE PRPA LOCATION AND EXTENT                #08-Z1707

 

            Detailed Information

 

Staff Contact:  Rob Helmick

            Request:  Location and Extent Review for the rebuild of an existing 115kV single circuit electrical transmission line to a double circuit 230kV line. 

            Location:  8, 9, 14, 15, &16- 6-69; power line alignment follows the existing alignment between the Hoosetooth switching station and the Trilby substation. 

            Applicant:  Platte River Power Authority, Mike Dahl, 2000 Horsetooth Road, Fort Collins CO 80525

 

Development Services Team Recommendation:  The Development Services Team recommends Approval of the Dixon Creek to Horseshoe Location and Extent File #08-Z1707.

 

 

 

            *2.       S & H REZONING                                                                                                 #08-Z1699

 

                        Detailed Information

 

Staff Contact:  Toby Stauffer

            Request:  Rezone seven metes and bounds parcels from O-Open and C-Commercial to PD- Planned Development to accommodate existing uses consistent with the East Mulberry Corridor plan. 

            Location:  SE 8-7-68, 308 Summit View Drive, at the intersection of the Mulberry Ave. frontage road, Lincoln Ave. and Summit View Drive.

            Applicant:  S and H Inc., Ron Ritter, 308 Summit View Drive, Fort Collins, CO 80524

 

                        Development Services Team Recommendation: 

The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the S & H Rezoning, File # 08-Z1699, request to rezone the property from O (Open) and C (Commercial) to PD (Planned Development subject to the following condition(s):

 

1.    The subject properties shall submit an agreement to annex to the City of Fort Collins within 60 days of approval of this request.

 

2.    The property owners shall clear up outstanding building code issues within 60 days of approval of this request.

 

3.    In the event that the Boundary Line Adjustment changes the lot lines in such a way as to cause a water meter pit to fall onto an adjacent lot, the pit shall be relocated by the property owner at the owner’s expense onto the appropriate lot or an easement shall be established.

 

4.    The Planned Development (PD) zoning for the properties shall be split into two districts,

S & H PD 1 and S & H PD 2. See the attached “Zoning Exhibit” for the areas associated with each district. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for S & H PD (Planned Development) 1 and 2 shall be as follows:

 

S & H PD 1

A. Principal uses:

Agricultural

1. Garden supply center (R)

2. Livestock auction (S)

3. Pet animal facility (R)

4. Pet animal veterinary clinic/hospital (R/S)

5. Livestock veterinary clinic/hospital (R/S)

 

 

 

Commercial

6. Convenience store (R)

7. Automobile service station (R)

8. Carwash (R)

9. Professional office (R)

10. General retail (R/S) See section 4.3

11. General commercial (R)

12. Personal service (R)

13. Takeout restaurant (R)

14. Sit-down restaurant (R)

15. Nightclub (R)

16. Flea market (R/S)--See section 4.3 (use descriptions and conditions)

17. Instructional facility (R)

18. Outdoor display/sales (R)

19. Clinic (R)

Institutional

20. Health services (R)

21. Hospital (R)

22. School, public (L)

23. School, nonpublic (R/S)--See section 4.3

24. Rehabilitation facility (R)

25. Sheriff/fire station (L)

26. Church (R)

Recreational

27. Place of amusement or recreation (R/S)--See section 4.3

28. Membership club/clubhouse (R)

Accommodation

29. Hotel/motel (R)

Industrial

30. Enclosed storage (R)

31. Trade use (R/S)--See section 4.3

32. Light industrial (S)

33. Outdoor storage (R/MS)

Utilities

34. Utility substation (L)

35. Treatment plant (L)

36. Commercial mobile radio service (R/S)--See section 16

37. Radio and television transmitters (S)

38. Water storage facility (L)

 

 

 

 

 

 

Transportation

39. Transportation depot (R)

40. Bus terminal (R)

41. Truck stop (R)

42. Transportation service (R)

43. Parking lot/garage (R)

44. Park and ride (R)

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 setbacks:

a. Front yard--Refer to section 4.9.1 Setbacks from highways and county

 roads.

b. Side yards--ten (10) feet.

c. Rear yards—ten (10) feet.

d. Streams, creeks and rivers--100 feet from the centerline of the

 established watercourse.

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.

 

S & H PD 2

A. Principal uses:

Agricultural

1. Pet animal veterinary clinic/hospital (R/S)

2. Livestock veterinary clinic/hospital (R/S)

3. Pet animal facility (R)

Commercial

4. Permanent fireworks sales (S)

5. Adult use (S)

6. Outdoor display/sales (R)

7. Convenience store (R/S)

8. Automobile service station (R/S)

9. Car wash (R/S)

10. Professional office (R/S)

11. General retail (R/S)

12. General commercial (R/S)

13. Personal service (R/S)

14. Restaurant/take-out (R/S)

15. Restaurant/sit-down (R/S)

16. Nightclub (R/S)

17. Flea market (R/S)

18. Instructional facility (R/S)

19. Outdoor display/sales (R)

20. Clinic (R/S)

Recreational

21. Place of amusement or recreation (R/S)--See section 4.3

22. Membership club/clubhouse (R)

Industrial

23. Enclosed storage (R)

24. Outdoor storage (R/MS)

25. Trade use (R)

26. Light industrial (R)

27. General industrial (S)

28. Recycling (S)

29. Junkyard (S)

Utilities

30. Utility substation (L)

31. Treatment plant (L)

32. Radio and television transmitters (S)

33. Commercial mobile radio service (R/S)--See section 16

34. Water storage facility (L)

Transportation

35. Transportation depot (R)

36. Bus terminal (R)

37. Truck stop (R)

38. Transportation service (R)

39. Parking lot/garage (R)

40. Park and ride (R)

41. Heliport (S)

42. Train station (R)

Institutional

43. Sheriff/fire station (L)

44. Church (R)

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 setbacks:

a. Front yard--Refer to section 4.9.1 Setbacks from highways and county

 roads.

b. Side yards--ten feet.

c. Rear yards--ten feet.

d. Streams, creeks and rivers--100 feet from the centerline of the

 established watercourse.

 

 

 

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.

 

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

§  Uses followed by an (MS) require approval through the Minor Special Review process.

§  Uses followed by an (S) require approval through the Special Review process described in Section 4.5 of the Larimer County Land Use Code, as amended.

§  Uses followed by an (R/S) may be allowed by right or require special review approval based on thresholds in Section 4.3 (use descriptions) of the Larimer County Land Use Code, as amended.

§  Uses followed by an (L) require review through the location and extent review process described in Section 13.0 of the Larimer County Land Use Code, as amended.

 

*3.       BROWNSTONE QUARRY AMENDED SPECIAL REVIEW                           #08-Z1679

 

            Detailed Information

 

Staff Contact:  Rob Helmick

            Request:  Special Review approval of an expansion area for the Brownstone Quarry #97-ZR1066

            Location:  13/24-8-70; North of CR 56 and /Hwy 287 north of the intersection of CR 54G and Hwy 287

            Applicant:  Stone Wholesale, Inc., Jim Striggow, 4717 W. Lakeview Dr., Fort Collins CO  80526

 

Development Services Team Recommendations:  The Development Services Team recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Brownstone Quarry Special Review amendment, File # 08-Z1679, subject to the following condition(s):

 

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 Brownstone Quarry Special Review amendment File # 08-Z1679 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 Brownstone Quarry Special Review amendment File # 08-Z1679.  Furthermore this application is limited and conditioned by the original conditions of approval found in File 97-Z1066, specifically:

 

 

a)   The hours of operation shall be 8:00 am to 5:00 p.m. Monday through Friday.

 

b)   There shall be no blasting at any time.

 

c)   Where possible, the reclamation shall be accomplished in a phased manner, concurrent with the mining operation.

 

d)   Should the mining activity still be active January 1, 2037, the Board of County Commissioners shall review and update the conditions approved for this special review. The Board of County Commissioners review may include additions, deletions, and modifications of the conditions as necessary to protect the health, safety and welfare of the citizens of Larimer County. This review shall be completed in 25 year intervals thereafter. The quarry operator shall submit the following information by July 1 of the year that the review is to be completed:

 

·   A current site plan of the quarry. The site plan should be similar to those submitted as part of the Special Review application. The site plan should clearly show:

 

·   the property boundaries,

§   the location of the permanent identification posts that were to be placed on the perimeter of the quarry area,

§   current approved mining boundaries,

§   current and old mining areas with acreage,

§   storage and loading areas,

§   processing areas and any structures or improvements on the property.

 

e)   A narrative that describes the current operation and any reclamation efforts that have been completed.

 

f)   Materials shall not be removed form the top of the hogback.

 

g)   Heavy equipment maintenance, including oil changes shall be done off site.

 

h)   The proposed fuel tanks shall be bermed to contain spills and leaks in accordance with the requirements of the Larimer County Health Department.

 

i)   The mining operation shall comply with the Larimer County Noise Ordinance.

 

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.    The operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State MLRB.

 

9.    No parking, loading or unloading of any vehicles is allowed in the County right-of-way

 

10.   Trucks shall not back onto or use the County Road for a turnaround.

 

11.   Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks.

 

12.   The applicant is responsible for prompt and complete removal of material spilled onto the County roadway.

 

13.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) before the use commences, or within 120 days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first. The fees calculated are based on the projected average daily traffic submitted with traffic study.

 

 

 

 

 

H.        ITEMS:

 

4.         COLORADO YOUTH OUTDOORS SPECIAL EXCEPTION                          #07-Z1665

 

            Detailed Information

 

Staff Contact:  Rob Helmick

                        Request:  Public hearing review of a Special Exception for use of a 240 acre site as a youth/family outdoor education facility and headquarters, including shooting ranges. Include appeals to the requirements for paving of access roads and parking areas. 

                        Location:  10-6-68; on the south side of CR 36 and north of CR 34C, immediately east of I-25 and west of CR 5.

                        Applicant:  Colorado Youth Outdoors, Bob Hewson, 209 East 9^th St., Loveland CO  80537

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Colorado Youth Outdoors Special Exception, File # 07-Z1665, and appeal to Section 8.6.3.of the Larimer County Land Use Code to the parking paving requirements for the educational pavilion, 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.

 

2.    Each phase of the site development shall complete Site Plan Review prior to initiation of any activities.

 

3.    The applicant and the Larimer County Engineering Department shall develop a phasing plan for turn lane construction prior to the Board of County Commissioners public hearing, approval at that time.   

 

4.    The education pavilion parking area may be gravel surfaced.  The access off of CR 36 must be paved with an apron approved by the Larimer County Engineering Department.    

 

5.    A final shooting management plan shall be provided as a part of the Site Plan Review for the facility.  At a minimum it shall include the prohibition of lead shot, how steel shot will be provided, the hours and days of operation, and supervision

 

6.    The hours and days of operation shall be consistent with the representations found on figure 3 of the project description, with the following modifications.  Skeet and trap use shall not commence prior to 8 am on Saturdays, and shall cease at 8 pm on weekday nights.

 

7.    The number of users and events shall be consistent with the representations contained on figures 3 and 4 of the application project description. 

 

8.    The final drainage plans and any structures to be built over the Fossil Creek Ditch must be reviewed and approved by the ditch company prior as a part of the approval of any construction plans for any phase. 

9.    The applicant shall coordinate the construction of the access on CR 34C with the Town of Windsor.  The parking lot for the shooting ranges/circular building and offices must be paved for the base use level of 100 persons.  Overflow or special event parking may be gravel surfaced. 

 

10.   The applicants must have the Swift Rural Land Use Plan vacation of the plat approved and recorded by the Board of County Commissioners prior to the issuance of any permits for the use at this site. 

 

11.   A final lighting plan for the parking areas and the trap range must be submitted and approved at Site Plan Review. This plan must pay special attention to and avoid light trespass and glare onto any adjoining residential uses and on I-25. 

 

12.   A final noise mitigation plan that demonstrates compliance with the noise ordinance, with improved noise reduction berms must be completed as a part of the Site Plan Review for the skeet/trap range uses.  If it is determined that the skeet/trap use constitutes a noise disturbance as defined in the ordinance modifications to the use may be required. 

 

13.   The construction plans for the indoor shooting range must be developed to be consistent with the recommendations of the Larimer County Health Department to address indoor lead levels. 

 

I.          REPORT FROM STAFF

 

J.          ADJOURN

 

NEXT MEETINGS:     Wednesday, September 10, 2008:  BCC/Planning Commission worksession

                                    Wednesday, September 17, 2008:  Planning Commission hearing