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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 1, 1999

CONTINUATION OF DISCUSSION OF LAND USE CODE

(#441 & #442)

The Board of County Commissioners reconvened at 6:30 p.m. to consider adoption of the Land Use Code for the Partnership Land Use System. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Larry Timm, Director of Planning; Al Kadera, Planner II; Jeannine Haag, Assistant County Attorney; Marc Engemoen, Director of Public Works; and Doug Ryan, Environmental Planner. Recording Clerk, Gael Cookman.

Approval of the Land Use Code Minutes from January 21, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Land Use Code Minutes of January 21, 1999.

Motion carried 3-0.

Chair Olson explained that the Board would first review "leftover" items from prior meetings; she then asked Mr. Kadera if he was ready to discuss guest house accessory dwellings. Mr. Kadera explained that he was not yet ready to report on this item as he has not received information back from the American Planning Association with regards to this issue; however, he did explain that Boulder County does not mention guest house anywhere in their regulation, and if a resident in Boulder County wanted an accessory dwelling on their property, they would have to go through special review. Mr. Kadera also noted that there was to be some rewording on the subdivision section and they are waiting to see what the technical rewrite looks like before they start making changes in other areas of this section as well. Chair Olson asked for an update on changing the definition of character and Ms. Haag explained that they have not been able to come up with a clean definition of character since it is a fact-based determination on a case by case basis and there is simply no way to sit down and describe what a change in character encompasses. Chair Olson requested the Commissioners revisit this section so they could determine how this new information will affect their decision. Chair Olson next asked about the Vested Rights issue and the additional wording to be included in this section. Ms. Haag stated that since this language was inadvertently left out, Mr. Porter can just include it in the rewrite without a motion. Mr. Kadera noted that the Board did need to make a motion to include vested rights in the Rural Land Use Center, 5.8.8.

Section 5.8.8 - Vested Rights

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners delete the current wording described in section 5.8.8 pertaining to Vested Rights and replace it with the following: "Vested Rights pursuant to the approval of a final plat for a Rural Land Plan shall be established pursuant to Section 12.7, Vested Rights".

Motion carried 3-0.

Commissioner Rennels stated that they will need more time to discuss section 4.8.8, and Chair Olson stated that the Board will address this section after the first run through of the Code. Mr. Kadera then passed out the revised wording to Section 8.2.4, regarding Wetland Mapping, noting the effort to be more specific about the use of the mapping as a general planning tool; he also noted that changes to 8.2.7 explain that wetland delineation will be based on the definitions that were adopted as part of the Master Plan and that there are appeal avenues for property owners if they dispute the wetland mapping. Much discussion ensued regarding who bears the responsibility of proving the maps are incorrect if the wetlands delineation is disputed. Mr. Kadera stated that the first draft of the Code stated that staff should work with the property owner to work through these disputes and he would bring this language back to the Board. Commissioner Disney requested Mr. Kadera keep a list of property owners who have already filed disputes regarding the maps. Mr. Kadera stated that he would do this and he would confer with Dr. David Cooper, who created the PLUS Wetland maps for Larimer County, in order to revisit some of these areas in the future.

Mr. Kadera noted that he will bring back Section 5.3.6 once all of the issues pertaining to this item have been addressed. Ms. Haag then addressed Section 8.0, Standards for All Development; she noted that this will allow applicant two levels of appeal if the Planning Director deems that additional expertise is required for a specific application.

Section 8.0 - Standards for All Development

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the change to Section 8.0, Standards for All Development, as submitted by Assistant County Attorney Haag and outlined as follows: "Reviewing projects for compliance with standards is a critical part of the development review process. The Planning Director may, when necessary, decide that additional expertise is needed to review a project. The Planning's Director's decision can be appealed to the County Commissioners. If the Planning Director, or upon appeal, the County Commissioners decide additional expertise is needed, the Planning Director and applicant will select a consultant to review the project. If the Planning Director and the applicant cannot agree on a consultant, the County Commissioners will select the consultant. All costs for the consultant will be charged to the applicant. Consultant assistance should only be necessary for very complex projects or when certain aspects of a project are beyond the County staff's expertise."

Motion carried 3-0.

Finally, under "leftover" items, Mr. Ryan presented the Board with a memo regarding Section 8.1.1, Levels of Service for Sewer; he noted that he has revised the wording for community sewer systems. Mr. Timm noted that this revised wording would need to be a change from the wording included in the Minutes of January 21, 1999 that were just adopted.

Section 8.1.1 - Sewage Disposal

M O T I O N

Commissioner Disney moved that the Board of County Commissioners revise the wording in Section 8.1.1.A.3.b to include: "The development will connect to an existing community sewer system with adequate capacity to accommodate the additional flow, and will be operated by the applicable authority under the terms of a State discharge permit issued to the authority."

Motion carried 3-0.

Section 8.4.3.C - Wildlife Regulations

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Planning Commission's recommended change to Section 8.4.3.C, pertaining to Wildlife Regulations and add the word "bonafide" to this sentence; the revised sentence shall read: "Maintenance and repair of flood control structures and activities in response to a bonafide flood emergency."

Motion carried 3-0.

Section 8.6 - Off Street Parking Standards

Mr. Engemoen presented the Board with a memo outlining his suggested revisions to Section 8.6 with regard to Off Street Parking Standards. Some discussion followed and the Board accepted the recommended changes as defined in the following motion:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following changes to Section 8.6, pertaining to Off Street Parking: 1) The County's transportation facilities are generally referred to as "roads" rather than "streets", which implies a more urban standard; therefore, the wording in the Code will be revised to consistently use the word "road" instead of "street". The section will now be titled "Off-Road Parking Standards", and any reference to public improvements will be to "roads" or "roadways", and all references to functional classifications will use "road" instead of "street". 2) In general, all references to the "Public Works Director" will be revised to refer instead to the "County Engineer". 3) Delete Section 8.6.2.C.2, which required that off-road parking spaces within the boundaries of a growth management area of a municipality be paved with concrete, asphalt, or similar material. 4) Section 8.6.3.B.1.c will be revised as follows: "When entrances and exits must be located off of higher classification roads, they shall be sited to minimize safety and operational problems and to preserve the traffic carrying capacity of the road. Speed change lanes or auxiliary lanes shall be provided if required by the County Engineer. Wherever possible, access points on higher classification roads shall be separated by the following distances: 2640 feet on arterial roads, 1700 feet on major collector roads, and 600 feet on minor collector roads". 5) Section 8.6.3.B.2.a (Spaces Required) will be rewritten as follows: "An adequate number of parking spaces should be provided for multiple family, manufacturing, business, institutional, recreational, and other non-residential uses to reasonably serve the needs of the property owners, employees, and customers and to minimize negative impacts on surrounding properties. The following table provides guidelines for the number of parking spaces for various uses. The number of parking spaces provided for a particular use may be varied from these guidelines provided a parking needs assessment is approved by the County Engineer which supports a different requirement based on the special characteristics of the proposed land use". Within the table pertaining to this section, the parking guidelines for Multiple Family Dwellings will be revised as follows: "Multiple Family Dwellings - One space for each one or two bedroom unit, or Two spaces for each unit with more than two bedrooms." 6) Section 8.6.3.B.2.f (Spaces Required) This section regarding the Engineering Department's authority to increase or decrease the number of parking spaces from the guidelines listed in the table will be deleted entirely.

Motion carried 3-0.

Section 8.7 - Signs

M O T I O N

Commissioner Disney moved that the Board of County Commissioners make the following changes to Section 8.7: 1) 8.7.6.D. shall be changed to read: "Signs shall be placed only on private, not public property. Signs shall be located outside any right of way or easement and placed to avoid any sight obstruction for motorists, cyclists and pedestrians." 2) 8.7.6.B shall be changed to read: "The maximum sign size shall be thirty two (32) square feet in the A-Accommodations, T-Tourist, B-Business, C-Commercial, I-Industrial, and I-1 Industrial Zoning Districts." 3) 8.7.6.E shall be changed to read: "Signs shall be removed within five (5) days after the campaign, election or event."

Motion carried 3-0.

Section 8.8 - Land Dedications, Fees in lieu of Dedications, Facility Fees and Capital Expansion Fees

M O T I O N

Commissioner Disney moved that the Board of County Commissioners remove the reference to "Parks" in Section 8.8.1.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners add a new Section 8.8.1.B to read as follows: "Applicability. This section applies to all plats and plans approved by the Board of County Commissioners for the subdivision of property."

Motion carried 3-0.

Section 8.10.2 - Site Lighting

M O T I O N

Commissioner Disney moved that the Board of County Commissioners add a new section - Section H to 8.10.2. to read as follows: "All site lighting shall be equipped with an on/off switch."

Motion carried 3-0.

Section 8.10.3 - Fences

M O T I O N

Commissioner Disney moved that the Board of County Commissioners delete #1 under 8.10.3.A, and change Section 8.10.3.B to read: "Fences for individual non-residential uses, excluding agricultural uses, shall meet the following criteria:"

Motion carried 3-0.

Section 23 - Definitions

M O T I O N

Commissioner Disney moved that the Board of County Commissioners add the following definition to Section 23: "Structure Height: The vertical distance measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure."

Motion carried 3-0.

Section 8.10.4 - Guidelines for Fences

M O T I O N

Commissioner Disney moved that the Board of County Commissioners add a new subsection to Section 8.10.4 - Guidelines for Fences, and include in this subsection the following item: "1) Wildlife should be considered before the construction of any fence. The Division of Wildlife should be consulted for design criteria for fences in important wildlife habitat areas."

Motion carried 3-0.

Section 8.11.4.C - Review Criteria

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reword Section 8.11.4.C to read: "The proposed management plan will provide the best available practices to properly control noxious weeds on the property."

Motion carried 3-0.

Section 12.2.5 - Neighborhood Meeting

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a change to the sentence of Section 12.2.5 that refers to retaining a facilitator for neighborhood meetings. This sentence shall now read: "Neighborhood meetings will be conducted by a facilitator who is employed, retained, or approved by Larimer County."

Motion carried 3-0.

Section 13.0 - Location and Extent

M O T I O N

Commissioner Disney moved that the Code include a disclaimer to inform the public that Section 13.0 (Location and Extent) is included in the Code because Colorado Law requires it.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this Land Use Hearing on Monday, February 8, 1999, at 6:30 p.m. in the Commissioner's Hearing Room of the Larimer County Courthouse located at 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Hearing recessed at 9:40 p.m.

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Gael M. Cookman, Deputy County Clerk










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