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AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, April 19, 2017/6:30 P.M./Commissioners' Hearing Room

 

A.        CALL TO ORDER

 

B.        PLEDGE OF ALLEGIANCE

 

C.        PUBLIC COMMENT ON THE COUNTY LAND USE CODE

Detailed Information

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

 

E.         APPROVAL OF THE MINUTES FOR THE MARCH 15, 2017 MEETING.

 

F.         AMENDMENTS TO AGENDA

 

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

 

*1.       SKYLINE INVESTMENT SPECIAL REVIEW                                        #16-ZONE2100

 

Staff Contact:  Michael Whitley

            Request:  A) Special Review approval for a Pet Animal Facility utilizing approximately 7,800 square feet of indoor space and with 2,500 square feet outdoor animal use area; and

            B) Appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access

Location:  2586 S. US Highway 287, Berthoud; located east of US Highway 287 directly north of the Larimer County line

            Applicant:  Ashley Dinger, Skyline Investments LLC, 723 13th Street, Berthoud, CO 80513

 

Development Services Team Recommendation: 

A.   For the Special Review

The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Skyline Investments Special Review, File #16-ZONE2100, 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 Skyline Investments Special Review, File #16-ZONE2100 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 Skyline Investments 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.

 

B.   For the Appeal to Section 8.6.3.C.1 of the Land Use Code.

 

The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of  County Commissioners approval of the paving appeal, File #16-ZONE2100, with the condition that the driveway, parking lot and drive aisles be paved three years from the date of the signing of the Special Review Findings and Resolution or until the maximum number of dogs boarded exceeds 40, whichever occurs sooner. 

 

 

            *2.       SHREINER SAWMILL AMENDED SPECIAL REVIEW                                    #17-ZONE2140

 

Staff Contact:  Rob Helmick

            Request:  Amendment to the original Shreiner Sawmill Special Review, File # 01-Z1406, to add a 7200 foot square foot building to the site for storage.

            Location:  17-8-69; Located at 4719 North Highway 287 La Porte.  South of the By Pass between Overland Trail and CR 54G

            Applicant:  Steve Schreiner, PO Box 893, La Porte CO  80535

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Amended Schreiner Sawmill Special Review file # 17-ZONE2140, 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 Amended Schreiner Sawmill Special Review file # 17-ZONE2140, 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 Amended Schreiner Sawmill Special Review file # 17-ZONE2140.

 

3.    Failure to comply with any conditions of the Special Review (Special Exception) 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.

 

 

 

*3.       POND’S FIELD CONSERVATION DEVELOPMENT                        #16-LAND3512

 

Staff Contact:  Rob Helmick

Request:  Preliminary Plat for a Conservation Development to subdivide 37 acres containing one existing home into five new single family lots of 2.8 acres and a residual lot of 23.78 acres.

            Location:  32-4-69; On the north side of CR 2 between the CR 23 and CR 21 south of the Little Thompson River.

            Applicant:  Cliff and Karyn Pond, 3610 West CR 2, Berthoud CO  80513

 

Development Services Team Recommendations:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Ponds Field Conservation Development Preliminary Plat, file#16-LAND3512, 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 Ponds Field Conservation Development Preliminary Plat file#16-LAND3512 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 Ponds Field Conservation Development Preliminary Plat file#16-LAND3512.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.    Fire Requirements – The applicant shall install the one additional fire hydrant as requested by the Berthoud Fire District.

 

4.    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.

 

5.    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.

 

6.    The Final Plat shall be revised to reflect the needed ROW and design changes noted in this report.

 

7.    The applicant shall execute a right of way encroachment agreement for the irrigation facilities existing in the additional dedicated ROW for CR 2.

 

 

*4.       PVREA LANDFILL SOLAR FACILITY 1041                                        #17-ZONE2139

 

Staff Contact:  Rob Helmick

            Request:  A 1041 permit for the construction of a 1.5-3 MW solar power plant for PVREA at the Larimer County Landfill

            Location:  West of Taft Hill Road and north of Trilby Road at the Larimer County Landfill. 

            Applicant:  Poudre Valley Rural Electric Association, Milton Geiger, 7640 REA Parkway, Fort Collins CO  80528

 

            Development Services Team Recommendation: 

The Development Services Team recommends the Larimer County Planning Commission recommends to the Board of County Commissioners Approval of the Poudre Valley Rea Landfill Solar Facility 1041 Permit, File # 17-ZONE2139, subject to the following condition(s):

 

1.    The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the Poudre Valley Rea Landfill Solar Facility 1041 Permit File # 17-ZONE2139 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 Poudre Valley Rea Landfill Solar Facility 1041 Permit File # 17-ZONE2139 .

 

2.    Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.

 

3.    Site fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.

 

4.    Apply for and receive approval of a Site Plan Review Application for the site development prior to application for Development Construction and building permits.

 

 

H.        REPORT FROM STAFF

 

I.          ADJOURN

NEXT MEETINGS:   Wednesday, May 10, 2017:  BCC/Planning Commission worksession

                                    Wednesday, May 17, 2017:  Planning Commission hearing

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