Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 8, 1999

CONTINUATION OF DISCUSSION OF LAND-USE CODE

(#444 & #445)

The Board of County Commissioners reconvened at 6:30 p.m. to continue discussion of the PLUS Land Use Code. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Larry Timm, Director of Planning; Al Kadera, Planner II; Rex Burns, Project Engineer; Mark Engemoen, Director of Public Works; Mark Peterson, County Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. APPROVAL OF MINUTES FROM DISCUSSION HEARING ON FEBRUARY 1, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes from the discussion on the Land-Use Code held on February 1, 1999.

Motion carried 3-0.

2. REVIEW ITEMS REQUIRING STAFF WORK FROM FEBRUARY 1, 1999 HEARING:

Section 4.3.10.G - (Guest House)

Mr. Timm stated that staff still hasn't received all the information they requested from the American Planning Association on "Guest Houses" and they would rather not make changes to the Code relative to Guest Houses at this time but wait until the Code has been adopted and put this at or near the top of the list for the Steering Committee to study. Mr. Kadera noted that the definition of Guest House is "Short term occupancy by guest" and an "Accessory Dwelling Unit", as another single family dwelling, requires some sort of approval. Mr. Kadera stated that if "Guest Houses" are to be considered "Accessory Dwelling Units, then staff needs more information and to look at impact fees, access, parking, architectural features, etc.; he noted that there are a lot of questions that need to be answered. Mr. Kadera stated that, at this time, there is no "Accessory Dwelling Unit" section in the Code. Commissioner Disney asked if we even need either of these sections in the Code because anyone wanting to build another house would have to come in for a building permit, which would trigger whether or not they can have another structure with a kitchen, etc.; he suggested calling it a "Guest Unit" instead of a "Guest House". After much discussion, the recommendation was to leave this section alone and to study it through the Steering Committee, following Code adoption.

Section 5.1 - (Subdivisions)

Mr. Timm reminded the Board that the Section 5.1 title was changed during an earlier hearing from "Minor Subdivision" to "Subdivision" and they are going to write some clarifying wording for the Code for the "Subdivision" approach. Mr. Kadera stated that they are waiting for the technical re-write on this section, but haven't received it yet; this section will be continued until the next hearing.

Section 8.2 - (Wetlands)

Mr. Kadera submitted a handout on Wetland and Wildlife Mapping; he noted that staff is recommending the deletion of Sections 8.2.4 and 8.4.5, which will remove the mapping from the Code, and make them reference materials. It was noted that whether or not there is a map showing a wetland on the property doesn't matter until a development review comes in; Mr. Kadera stated that most of the time, the wetland questions will be referred to the Core of Engineers and the wildlife questions are referred to the Division of Wildlife and they rely on their recommendations. Mr. Timm requested direction from the Board on how to write this section; much discussion followed. If the maps become part of the reference materials, Commissioner Disney suggested that there be a reference in the Code informing the people that the maps exist. Commissioner Rennels suggested that a note be added that each application will be considered on a case by case basis. Action on this section was also continued until the next hearing.

Section 8.2.7 - (Wetland Boundary Disputes) & Section 8.2.4 (Wetland Mapping)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners delete the first sentence from Section 8.2.7 "Wetland mapping is intended for general planning purposes" and make it the first sentence in Section 8.2.4 (Wetland Mapping) and delete the second sentence in Section 8.2.7 "Obvious errors or omissions on the wetland maps may be corrected by the Planning Director"; change the wording in the existing first sentence in Section 8.2.4 to become the second sentence to read "The following sources of mapping shall be used to indicate the approximate location and/or extent of wetland areas". In the following sentence, delete the word "which" so the sentence will read "The following wetland maps and identification documents are available for reference in the Planning Department", and eliminate the remainder of that sentence.

Motion carried 3-0.

Section 8.9 (Irrigation Facilities Section)

Ms. Haag requested that discussion of Section 8.9 be continued until the next hearing so Bill Brown could be in attendance.

Section 8.1.5 (Road Capacity and Level of Service Standard)

Mr. Peterson noted that when the original draft of the Code came out, it had two versions for road standards - rural road standards that applied to everything outside of the Growth Management Area (GMA) and GMA road standards; however, because two road standards led to confusion, prior to the release of the October version of the Technical Supplement, the roads standards were combined into one document. Questions from the Board and discussion followed. Chair Olson asked Engineering staff to try and clarify the language in the "Adequate Public Facilities" section. Mr. Peterson requested the Board to make the following change in Appendix C in the Technical Supplement of the Road Standards.

Technical Supplement (Appendix C) of the Road Standards:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the elimination of Plate 24, and any reference to it, in the Technical Supplement (Appendix C) of the Road Standards and on Plate 15 add the following note: "The entire Curb and Gutter Section shall be removed and replaced. No sawcuts are allowed longitudinally in gutter plan"; this action will result in re-numbering of all the plates subsequent to Plate 24".

Motion carried 3-0.

Section 8.10.4.A & B (Setbacks from Highways and County Roads)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following new wording to Sections 8.10.4.A and 8.10.4.B. Section 8.10.4.A will read: "Setbacks from state and federal highways shall be 100 feet from the right-of-way centerline or 50 feet from the right-of-way line, whichever is greater, except as noted below". Section 8.10.4.B will be changed to read: "Setbacks from Larimer County roads shall be measured from the right-of-way centerline as follows:"

Motion carried 3-0.


Section 5.3.6.A.7 (Conservation Development Standards)

There was discussion of a change in wording and several revisions offered for Section 5.3.6.A.7, but it was decided to continue discussion of this section until the next hearing.

3. CONTINUE FROM STOPPING POINT FROM FEBRUARY 1, 1999 HEARING (SECTION 16.0):

Section 16.1.2 (Where Permitted)

Mr. Timm stated that the current regulation does not deal with the Planned Development Zone, which is a new zoning district in the new Land Use Code; Mr. Kadera suggested that in the Table under Section 16.1.2 (Where Permitted) that PD Planned Development be added to the first box in the upper left hand corner under Zoning District.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of PD (Planned Development) in Section 16.1.2. (Where Permitted) to the Table in the first box in the upper left hand corner under Zoning District.

Motion carried 3-0.

Sections 16.1 (Purpose), 4.5 (Special Review), and 4.8 (Non-Conformities)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Planning Commission recommendation #87 to: "Change all occurrences of Section 27.11 to Section 16.1. The reference to Section 27.6 should be changed to Section 4.5 and the reference to Section 28.5 should be changed to Section 4.8".

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Planning Commission recommendation #45 to change the definition of CMRS in 16.1.7 to read: "Commercial Mobile Radio Service (CMRS) - telecommunications services including cellular telephone, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless Internet access and similar commercial services".

Motion carried 3-0.

Section 18.0 (Manufactured Housing Regulations)

Mr. Kadera noted that Section 18.0 (Manufactured Housing Regulations) is one of the topics on the future project list for the Steering Committee to prioritize; therefore, if the Board decides not to make any changes to this regulation at this time, they could continue with what has been in effect since 1970 until they have more time to study this section and make recommendations. Mr. Kadera submitted and reviewed a three-page handout on the current regulations and proposed regulations for Manufactured Housing Regulations; he noted that under the current regulations, you can place a single-wide mobile home on any legal building lot if you circulate a petition and get 70% of the property owners within 800 ft. of that mobile home to sign the petition. Mr. Kadera stated that there has been a concern by our County Attorney for a long time that may not be a legal procedure, but no one has ever challenged it. Mr. Kadera stated that what is in the proposed draft of the Code is not much different from the existing regulations, except that they took the petition requirement away for single-wide homes and changed the one-year time limit to a two-year time limit on the temporary use of the mobile home. Mr. Kadera noted that the Planning Commission did not make a recommendation concerning manufactured housing units. Commissioner Rennels stated that she has a problem with limiting single-wide mobile homes to mobile home parks because that is discriminatory. Much discussion followed. Commissioner Disney recommended continuing with the current regulations for manufactured homes until it has been discussed with the following: 1) Building Department; 2) Health Department; and 3) Home Builders Association regarding the compatibility issue; the Board also wants the safety concerns addressed. Mr. Kadera stated that he will re-install the current mobile home resolution in the Code. Mr. Kadera suggested that, in addition to what is currently in the mobile home resolution, we add the Board of Adjustment modification standards for single-wide units to the Code.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes to the "Manufactured Housing Regulations": 1) Removal of the petition requirement to allow single wide units outside of manufactured home parks or manufactured home subdivisions; 2) Mobile homes can be used as a temporary dwelling for up to two years during a construction project on the site; 3) Addition of the Board of Adjustment modification standards for single wide units being placed on any legal building lot zoned for single family use; and 4) Appeals to the Board of County Commissioners instead of the Board of Adjustment.

Motion carried 3-0.




Section 18.3.2.F (Sites, Comfort Stations, Water Stations and Sanitary Stations)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a change in the graphs in Sections 18.3.2.F and 18.4.4.C in the third column under Toilets (Female) to read: 46-60 sites shall require 4 toilets, 61-80 sites require 5 toilets, and 81-100 sites require 5 toilets.

Motion carried 3-0.

18.5 (Inspection, Revocation, Appeal, Enforcement and Non-Conforming Uses)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a change in the title for Section 18.5 to read "Inspection and Revocation" and eliminate the words Appeal, Enforcement and Non-Conforming Uses.

Motion carried 3-0.

Section 21.3 (Inspections)

Commissioner Rennels asked about the meaning of the last sentence in Section 21.3.A "Permission shall not be required for inspections conducted from public property or from private property with the permission of the owner of the private property". The Board requested that Mr. Porter re-write this sentence for clarity and then Commissioner Disney offered the following wording for the sentence.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a change in the wording in the last sentence in Section 21.3.A to read: "Inspections may be conducted from public property or right-of-way, or from adjacent private property, with the permission of the owner of the private property."

Motion carried 3-0.








Section 22.2.1 (Applicability)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a change in wording in the first sentence in Section 22.2.1 (Applicability) to read: "Any person aggrieved by his inability to obtain a building permit or by any decision made by the Planning Director or County Engineer in the administration, interpretation, or enforcement of those Sections reserved for the Board of Adjustment listed in Section 22.3.1 below, may appeal to the Board of County Commissioners"; with the addition of these three words to be made throughout the remainder of Section 22.

Motion carried 3-0.

Section 23 (Definitions)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Planning Commission recommendation #72 for the definition of "Abandonment" to read as follows: "The voluntary discontinuance of a use or the occupancy of a structure".

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Planning Commission recommendation #55 for a definition of "Stream, Creek and River" to read as follows: "Any water course having a source and terminus, banks and channel through which water flows and is identified on a 7.5 minute quadrangle map prepared by the United States Geological Survey as a perennial stream."

Motion carried 3-0.

Commissioner Rennels expressed concern about the definition of "Special Places of Larimer County"; Mr. Timm stated that it is in the Master Plan that these kinds of special places should be identified. Commissioner Rennels stated that she would like the last line of that definition to be deleted, which is "and unique or distinctive natural features, including ridge lines", because this is subjective. Mr. Timm will determine how this definition is applied in the Code and report back to the Board.




Section 4.1. (Zoning Districts)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of "G" to Section 4.1 (Zoning Districts): "The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards".

Motion carried 3-0.

Chair Olson asked Mr. Kadera to make sure, before the next hearing on February 22, 1999, that the Board has not missed any of the recommendations made by the Planning Commission, and make sure that recent revisions made do not conflict with revisions made in previous hearings. Mr. Kadera stated that what they will do now is assemble the new document incorporating all the changes that have been made. Mr. Timm stated that after the items delegated to be reviewed and approved at the hearing on February 22, 1999, then the editor will work with the entire document with all the revisions that have been made by the Board and produce an edited document, which then will be brought back to the County Commissioners in public hearing for review of the edited code and then take action. Chair Olson suggested that the Planning Commission be given copies of the revised Code to read and discuss in a worksession. Mr. Timm asked the Board if the comments of the Planning Commission should be reviewed in public hearing? Ms. Haag responded that the document containing all the revisions and comments from the Planning Commission and technical edit will be reviewed in public hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this land-use hearing until 6:30 p.m. on February 22, 1999 in the Commissioner's Hearing Room at the Larimer County Courthouse, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

The hearing adjourned at 9:35 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Sherry E. Graves, Deputy County Clerk



Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.