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HomeMy WebLinkAboutLARIMER COUNTY ZONING AMENDMENTS COUNTY REFERRAL - 8 92 - REPORTS - RECOMMENDATION/REPORTITEM NO. R MEETING DATE 2/24/92 STAFF Sherry Albertson -Clay City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Larimer County Zoning Amendments - County Referral #8-92 APPLICANT: Larimer County Planning PROJECT DESCRIPTION: A request to amend the Larimer County Zoning Resolution to permit temporary storage of construction equipment for public works projects in all zones, eliminate all references to oil and gas wells under special review in FA, FA-1, RE, FO and O Districts and place permanent fireworks sales operations under special review in the Commercial and Industrial Zones. RECOMMENDATION: Approval with condition DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Colkna, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Larimer County Zoning Amendments - County Referral #8-92 P & Z Meeting - February 24, 1992 Page 2 Background• This proposal to amend the Larimer County Zoning Resolution consists of three specific areas, as follows: 1. Permit the temporary storage of equipment and materials accessory to a construction project in all zoning districts, under the following conditions: a. The project is for construction of a highway, road, utility or similar facility for a federal, state, county, town, or special district contract, or the construction project is located on the same parcel as the temporary storage of construction equipment. b. The storage site is to be used for a maximum of one year. C. There is no disposal on -site of fuels, solid wastes, or construction material. d. Equipment, materials and vehicles stored on the site are not within 200 feet of an existing dwelling. e. No manufacturing activity (ie. asphalt hot -mix plant, concrete batch plant or rock crushing facility) shall be operated on the site. f. The site is reclaimed as nearly as possible to its original condition within 30 days after the use ceases. The reclamation period may be extended by the County Planning Director for not more than six months. County regulations do not currently allow for the temporary storage of construction equipment or materials in conjunction with road or utility construction project. This amendment would provide for such storage as an accessory use. The proposed conditions for temporary construction storage address concerns that could be expected to be raised by adjacent property owners during construction projects. In the City of Fort Collins, the temporary storage of construction equipment or the "manufacturing activity" are both considered as an accessory to a construction project. Due to the proximity of existing batch plants or rock -crushing plants, these facilities are not located at construction project sites in the City as readily as may be desired in some of the more remote areas of the County. Larimer County Zoning Amendments - County Referral #8-92 P & Z Meeting - February 24, 1992 Page 3 2. Eliminate all references to oil and gas wells under special review in the FA, FA-1, RE, F and O Zoning Districts. County staff is proposing this amendment because Colorado Court decisions and recent amendments to the Colorado oil and gas drilling regulations indicate that there is no local authority to regulate oil and gas drilling activities. All exploration and production activities fall under the exclusive authority of the Colorado Oil and Gas Conservation Commission. Thus, County staff believes that the County Zoning Resolution should not include regulations in this area. Two recent court decisions have found that there is no local authority to regulate oil and gas drilling activities. These court decisions, made by the Colorado Court of Appeals, have been appealed and are before the Colorado Supreme Court. A court ruling on the cases is expected by mid -year. Therefore, staff believes that this particular proposed Zoning Amendment is premature and should be delayed until the Colorado Supreme Court issues a ruling. Staff recommends that the proposed amendment eliminating all references to oil and gas wells under special review in the FA, FA- 1, RE, F and O Zoning Districts be delayed until the Colorado Supreme Court ruling is issued. 3. Place permanent fireworks sales operations under special review in the Commercial and Industrial Zoning Districts. There is currently nothing in the County Zoning Resolution to prevent year-round fireworks sales from occurring in the Commercial and Industrial Districts without any public review. This amendment would allow reviewing agencies (including the City) and the County to determine whether a specific site is appropriate for that use, as well as determine any conditions attached to the use. This amendment would not apply to temporary fireworks stands which are permitted in the County between June 15 and July 4 each year in the Commercial and Industrial zones. RECOMMENDATION The proposed Larimer County Zoning Resolution Amendments appear to be logical and provide for a more consistent review. Therefore, staff recommends approval of the Larimer County Zoning Resolution Amendments, #8-921 with the condition that the proposed amendment eliminating all references to oil and gas wells under special review in the FA, FA-1, RE, F and O Zoning Districts be delayed until the Colorado supreme Court ruling is issued.