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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 1, 1999

CONTINUATION OF DISCUSSION OF LAND-USE CODE

(#453 & #454)

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; Marc Engemoen, Director of Public Works; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Section 8.1.5 - Road Capacity and Level of Service Standard:

Mr. Engemoen stated that he has thoroughly reviewed the section of the proposed Larimer County Land Use Code relating to adequate public facilities for roads and is recommending that the section be rewritten as follows:

  1. Purpose.

The purpose of the Road Capacity and Level of Service Standard is to ensure that all development will have safe and adequate access to public roads and transportation related services, and to ensure that development does not create demand for public improvements and services which cannot be met with existing public resources. If safe and adequate access does not exist at the time of development, the development must make the improvements necessary to meet the standard or wait until the needed improvements are constructed by others.

  1. Applicability.

Road Capacity and Level of Service Standards shall apply to all applications for Conservation Development, Planned Development, Minor Subdivision, Rezoning, Special Review, Site Plan Review, Special Exception, and Minor Land Development submitted pursuant to this Land Use Code.

  1. Safe and Adequate Access

All development shall have safe and adequate access on the county roads or state highways within the traffic impact area of the development. Safe and adequate access shall exist when traffic volumes do not exceed the capacity of the road, when operating conditions on the road and at intersections do not fall below a specified level of service (LOS), and when pavement sections and structures can accommodate projected traffic.

The capacity of an unpaved road is defined as the maximum traffic volume that can be accommodated without creating unsafe operating conditions for vehicles and without negatively impacting air quality by creating excessive amounts of dust. The capacity of a paved road is defined as the maximum traffic volume that can be accommodated at a specified level of service, and depends on road characteristics such as number of lanes, lane widths, shoulder widths, intersections geometry and signalization. The adequacy of pavement sections and structures depends on the physical conditions of the improvements, such as the type, depth and condition of pavements and the load bearing capacity of bridges.

Standards for capacity of a road vary between rural and urban areas of the county. Urban areas consist of the growth management areas (formerly known as urban growth areas) established by mutual agreement between the County and a town or municipality and other areas designated by the Larimer County Master Plan as urban areas. Rural areas consist of all property outside these urban areas.

  1. Capacity and level of service for unpaved roads. To prevent adverse impacts on vehicles and air quality and to allow for effective road maintenance, roads shall have an all weather gravel surface. The County Engineer may waive the requirement for gravel and allow a road to be surfaced with native material in limited cases when, in the opinion of the County Engineer, traffic volumes, materials, and location allow such a surface. However, in no case will a native material surface be allowed when the average daily traffic volume (ADT) exceeds 100 vehicles per day at the time of full buildout of the development. The capacity of an untreated gravel road shall be defined as an ADT of 150 vehicles per day in an urban area or an ADT of 200 vehicles per day in a rural area at the time of full buildout of the development. The capacity of a treated gravel road (treated with chemicals to control dust) shall be defined as an ADT of 300 vehicles per day in urban or mountain areas or an ADT of 400 vehicles per day in rural, non-mountain areas. Paving shall be required when cumulative traffic volumes exceed these capacities, and shall consist of asphaltic concrete or Portland cement concrete, base course material, and sub-base material (if required) placed on compacted subgrade. The County Engineer may allow the installation of a double chip seal as an alternative to paving when, in the opinion of the County Engineer, the projected traffic volumes, road geometry, condition of the gravel, and drainage conditions allow.

The County Engineer periodically conducts traffic counts on County roads. This information is available to applicants to assist them in analyzing the capacity of a road.

  1. Capacity and level of service for paved roads. Level of Service (LOS) is a qualitative measurement of operating conditions on a paved road or at an intersection. Levels of service for roadways and intersections are generally determined by analyzing the ratio of traffic volumes to capacity of roadways or by analyzing the length of delays experienced at intersections. Collector and arterial roads and intersections within the traffic impact area shall function at LOS "D" in urban areas and LOS "C" in rural areas at the time of full buildout of a proposed development. Local roads and intersections within the traffic impact area shall function at LOS "C" in both urban and rural areas at the time of full buildout of a proposed development.

  1. Adequacy of pavement section and structures. The roads within the traffic impact area of a proposed development shall have an adequate pavement section (depth of gravel, depth of base course and type and depth of paving material) to accommodate the projected additional traffic loads from the development without damaging the roadway or accelerating the need for maintenance, and shall not cross any bridge or structure which has been determined to be structurally deficient or functionally obsolete by the County Engineer.

The County Engineer maintains a list of structurally deficient or functionally obsolete bridges which is available to applicants.

  1. Additional conditions. The existence of safe and adequate access does not preclude the imposition of additional requirements as a condition of development approval when such requirements are deemed reasonably necessary to mitigate the impacts of the development on county and state roads and highways.

  1. Traffic Impact Area.

The limits of the traffic impact area for a proposed development shall be determined by the County Engineer in consultation with the applicant. At a minimum the limits of the traffic impact area shall include:

  1. Internal roads
  2. Adjacent roads
  3. Off-site local roads to the nearest county collector or arterial road or state highway
  4. Off-site roads where traffic from the development will account for at least 10 percent of the average daily traffic on those roads in urban areas or at least 20 percent of the average daily traffic on those roads in rural areas
  5. Intersections with planned or existing traffic signals where traffic from the proposed development will account for at least 5 percent of the traffic volume on any approach leg of the intersection in an urban area or at least 10 percent of the traffic volume on any approach leg of the intersection in a rural area.

E. Documentation.

  1. Every development that will create more than two (2) new dwelling units or is expected to generate more than 20 new daily vehicle trips on an unpaved native material or gravel road in the traffic impact area shall be required to demonstrate compliance with the capacity and level of service requirements set forth in Section C above. A "paving threshold study" shall be submitted to demonstrate that these capacity and level of service requirements for unpaved or gravel roads are satisfied. The minimum requirements for a paving threshold study are described in Appendix F, Guidelines for Traffic Impact Studies, of the Technical Supplement to Larimer County Land Use Code, Larimer County Road Standards.

  1. Every development that will create less than 20 new dwelling units or is expected to generate less than 200 new daily vehicle trips on a paved road in the traffic impact area shall be required to demonstrate compliance with the capacity and level of service requirements set forth in Section C above. A "preliminary traffic impact study" shall be submitted to demonstrate that these capacity and level of service requirements for paved roads and are satisfied. The minimum requirements for a preliminary traffic impact study are described in Appendix F, Guidelines for Traffic Impact Studies, of the Technical Supplement to Larimer County Land Use Code, Larimer County Road Standards. Upon review of the limited traffic impact study, the County Engineer shall determine if a "detailed traffic impact study" will be required. Such a determination shall be based on the magnitude of the new traffic generated and the impacts of that new traffic on the transportation system. The minimum requirements for a detailed traffic impact study are described in Appendix F, Guidelines for Traffic Impact Studies, of the Technical Supplement to Larimer County Land Use Code, Larimer County Road Standards.

  1. Every development that will create 20 or more new dwelling units or is expected to generate 200 or more new daily vehicle trips or 100 or more new vehicle trips during any peak hour period on a paved road in the traffic impact area shall be required to demonstrate compliance with the capacity and level of service requirements set forth in sections 1(b) and 1(c) above. A "detailed traffic impact study" shall be submitted to demonstrate that these capacity and level of service requirements are satisfied. The minimum requirements for a detailed traffic impact study are described in Appendix F, Guidelines for Traffic Impact Studies, of the Technical Supplement to Larimer County Land Use Code, Larimer County Road Standards. Upon review of the detailed traffic impact study, the County Engineer shall determine if any additional traffic analyses will be required. Such a determination shall be based on the magnitude of the new traffic generated and the impacts of that new traffic on the transportation system.

  1. Any other development shall be presumed to have an insignificant impact on the roadway system and shall be exempt from the requirements for paving threshold and traffic impact studies. Such development would, however, be subject to County road impact fees if such fees are adopted.

  1. Capital Contribution Front-ending Agreement.

The County may enter into a Capital Contribution Front-ending Agreement with any person proposing to construct a road to provide safe and adequate access to a proposed development. Where the road is on the County's Major Road System (collector and arterial streets established in the County's Transportation Master Plan) and is eligible for road capital expansion fee credits, the Capital Contribution Front-ending Agreement shall provide proportionate and fair share reimbursement to the extent that the cost of the road exceeds the amount of the credits for which the road is eligible. Where the road is not eligible for road capital expansion fee credits, the Capital Contribution Front-ending Agreement shall provide proportionate and fair share reimbursement. Reimbursement shall be provided from the new development that in the future will use the road for safe and adequate access within the traffic impact area."

Please note that I have deleted the Submittal Requirements from this version of the standard. The submittal requirements are virtually identical to the Guidelines for Traffic Impact Studies contained in Appendix F of the Technical Supplement to the Larimer County Land Use Code, Larimer County Road Standards. I propose to amend the Technical Supplement as necessary to incorporate the submittal requirements for adequate public facilities.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Section 8.1.5 (Road Capacity and Level of Service Standard) as reviewed by Mr. Engemoen and outlined in detail above.

Motion carried 3-0.

Section 5.14.2 - Requirements for Surfacing Roads in New Developments:

After much discussion and review of the March 1, 1999 memo prepared by Mr. Engemoen regarding requirements for surfacing roads in new developments, the Board took the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize Mr. Engemoen to draft a section that defines when subdivision or development roads have to be paved; this draft will be included in Section 5.14.2 in the edited version of the Code for the Board to review later.

Motion carried 3-0.

Section 8.4 - Wildlife:

8.4.1 Purpose.

The purpose of this section is to maintain and enhance the diversity of wildlife species and habitat in Larimer County and to plan and design land uses to be harmonious with wildlife habitat and the species that depend on that habitat for the economic, recreational, and environmental benefit of the residents and visitors of the county.

8.4.2 Applicability.

  1. This Section applies to all applications for Subdivisions, Conservation Developments, Planned Developments, Minor Land Divisions, Special Reviews, Rezonings, Special Exceptions and Site Plan Review, except as provided in subsection B. below.
  2. This Section does not apply to:
    1. Agricultural activities such as soil preparation, irrigation, planting, harvesting, grazing and farm ponds;
    2. Maintenance and repair of existing roads, utilities and other public facilities within an existing right of way or easement;
    3. Maintenance and repair of flood control structures and activities in response to a bona fide flood emergency; and
    4. Wildlife habitat enhancement and restoration activities under a wildlife conservation plan approved under this Section.

8.4.3 Wildlife Habitat Data Base.

Wildlife habitat information is intended for general planning purposes as an indicator of areas where further study may be necessary. The following sources shall be used to identify areas that might contain important wildlife habitat areas:

  1. Colorado Division of Wildlife habitat maps for Larimer County;
  2. Colorado Natural Heritage Program Maps dated December, 1996, or as amended from time to time; and
  3. Other information and maps as the Planning Director may from time-to-time identify in cooperation with the Colorado Division of Wildlife, such as wildlife maps produced by cities within Larimer County.

8.4.4 Review Procedures.

The following procedures will apply to applications for development:

  1. Procedure for applications for Site Plan Review (see also Section 6.0 for Site Plan Review procedure).
    1. Application. After completing the required Pre-application Conference the applicant must submit a site plan that includes all items listed in the submittal requirements in the Technical Supplement to this Code.
    2. Preliminary review. The Planning Director will review the site plan and relevant wildlife maps and determine whether the application should be referred to the Division of Wildlife for review pursuant to the Wildlife Development Standards in Section 8.4.5. and the Wildlife Review Criteria in Sec. 8.4.6.
    3. Division of Wildlife Review. For applications referred to it, the Division of Wildlife will conduct a preliminary site investigation and recommend to the County whether the proposal will result in significant adverse impacts on wildlife or wildlife habitat based on the Wildlife Development Standards in Section 8.4.5 and the Development Review Criteria in Section 8.4.6, and whether a Wildlife Conservation Plan should be submitted. If a Wildlife Conservation Plan is required it will be referred to the Division of Wildlife for review and recommendation as to whether the plan successfully addresses the adverse impacts of the proposal on wildlife or wildlife habitat.
    4. Final Review. In deciding whether to approve, approve with conditions, or disapprove an application, the Planning Director will consider the extent to which the application complies with the applicable Wildlife Development Standards in Section 8.4.5. The Planning Director's decision may be appealed to the Board of County Commissioners pursuant to Section 22.0, Appeals.

  1. Procedure for applications for Subdivision, Conservation Development, Planned Development, Minor Land Division, Rezoning, Special Review or Special Exception.
    1. Application. After completing the required Pre-application Conference the applicant must submit a plan for Concept Review or Sketch Plan Review as provided in this Code (See submittal requirements in the Technical Supplement to this Code).
    2. Preliminary Review.
      1. If the application is subject to Concept Review, the Planning Director will determine, based on relevant maps and information, whether important wildlife habitat may be present and recommend that the applicant seek advisory review by the Division of Wildlife.
      2. If the application is subject to Sketch Plan Review, the Planning Director will refer the application to the Division of Wildlife. For applications referred to it, the Division of Wildlife will conduct a preliminary site investigation and recommend to the County whether the proposal will result in significant adverse impacts on wildlife or wildlife habitat based on the applicable Wildlife Development Standards in Section 8.4.5 and the Development Review Criteria in Section 8.4.6, and whether a Wildlife Conservation Plan should be submitted. The applicant must also meet with Planning Director, Division of Wildlife officials, and other agencies as determined appropriate by the County.
    3. Wildlife Conservation Plan Determination. Based on recommendations from the Division of Wildlife and other appropriate agencies and review of other relevant information, the Planning Director will determine whether the application complies with the Wildlife Development Standards and whether the applicant must submit a Wildlife Conservation Plan prior to approval of any preliminary plat, Special Review, Special Exception or Minor Land Division. The Planning Director's decision may be appealed to the Board of County Commissioners pursuant to Section 22.0, Appeals. If a Wildlife Conservation Plan is required it will be referred to the Division of Wildlife for review and recommendation as to whether the plan successfully addresses the adverse impacts of the proposal on wildlife or wildlife habitat.
    4. Planning Director Recommendation. Based on a review of all relevant information, including recommendations from the Division of Wildlife and other appropriate agencies, the Planning Director will recommend to the Planning Commission, County Commissioners or Board of Adjustment whether the application complies with the applicable Wildlife Development Standards in Section 8.4.5 and whether the application should be approved, approved with conditions, or disapproved.
    5. Final Review. In deciding whether to approve, approve with conditions, or disapprove an application, the Planning Commission, County Commissioners, or Board of Adjustment will consider the extent to which the application complies with the applicable Wildlife Development Standards in Section 8.4.5.

8.4.5 Wildlife Development Standards.

A. Except as provided in Sec. 8.4.5.B below, all new development shall be designed such that it does not adversely impact wildlife and wildlife habitats or that such adverse impacts have been avoided or mitigated to the greatest extent practicable. The review criteria used to determine whether this standard has been met are contained in Sec. 8. 4. 6.. For those proposed developments that will or may have an adverse impact on wildlife and wildlife habitats, an approved Wildlife Conservation Plan shall be required.

B. For Subdivisions, Conservation Developments, Planned Developments, multifamily developments or nonresidential developments less than 2 acres in size, or for Site Plan Reviews of buildings having a gross floor area of 10,000 square or less, and for all proposed developments which are not required to submit a Wildlife Conservation Plan, the following standards shall apply:

1. Buffers. All development must be setback a minimum of 100 feet from any identified important wildlife habitat area unless the Division of Wildlife specifies a greater distance based on the presence of specified wildlife species; and

2. Non-native vegetation. Only plant or animal species that are native to Larimer County or that are on an approved County landscaping list may be introduced on sites containing important wildlife habitat areas. To the maximum extent feasible, existing herbaceous and woody cover on sites must be maintained and removal of native vegetation must be minimized; and

3. Refuse disposal. Developments on sites containing important wildlife habitat, such as Black Bear, must utilize County approved animal-proof refuse disposal containers; and

4. Fencing. Fencing on sites containing important wildlife habitat cannot exceed four feet in height unless the Planning Director approves the fencing to confine permitted domestic animals or to protect permitted ornamental landscaping or gardens. The Planning Director will determine the type of fencing (materials, opacity, etc.) appropriate for the wildlife species on the site based on advice from the Division of Wildlife (Note: All fences over six (6) feet in height require a permit from the Building Department); and

5. Domestic Animals. Development applications for property which includes important wildlife habitat must include a plan with specified enforcement measures for the control of domestic animals and household pets. The plan must include provisions to prevent the harassment, disturbance and killing of wildlife and to prevent the destruction of important wildlife habitat; and

6. Exterior Lighting. Use of exterior lighting must be minimized in areas of important wildlife habitat. Lighting must be designed so that it does not spill over onto such habitat. All exterior lighting must be shielded by cutoffs with an angle not exceeding 90 degrees.

8.4.6 Wildlife Development Review Criteria

In determining whether a new development will or may have an adverse impact on wildlife and wildlife habitats or that such adverse impacts have been avoided or mitigated to the greatest extent practicable, the Planning Commission, County Commissioners, Board of Adjustment or Planning Director, as applicable, will consider the following:

A. Impacts on wildlife species, including but not limited to human-related activities, including impacts from domestic pets, that disrupt necessary life cycle functions of wildlife or cause stress on wildlife to the extent that the health and viability of a species is threatened in the County. Assessment of significant impacts will be based on the following factors:

  1. Activities in previously undisturbed areas involving any combination of humans, pets, and machines or equipment that disturb or harass an individual animal, group of animals, or wildlife species; and
  2. Site development or activities that disrupt necessary life-cycle functions resulting in stress to the extent that physiological damage is done to an individual animal, group of animals, or wildlife species. Examples include, but are not limited to, introduction of non-native vegetation, excessive use of fertilizers and other chemicals, placement of structures in close proximity to nesting and feeding areas, and excessive exterior lighting; and
  3. Species reliance on specific, unique habitat features such as riparian areas that may be affected; and
  4. Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to, controls on domestic animals and household pets, restrictions on types and intensity of lighting, clustering of development to avoid intrusion into or fragmentation of habitat, and creation of buffers around critical areas.
    B. Impact on wildlife habitat, including but not limited to elimination, reduction, or fragmentation of wildlife habitat to the extent that the viability of an individual species is threatened in the County and the diversity of wildlife species occurring in the County is reduced. Assessment of significant impacts will be based on the following factors:
    1. The amount of vegetation/habitat removal or alteration within the development site; and

2. The amount of habitat of similar type and quality within the development site that remains contiguous; and

3. The existing and proposed amount of lot coverage; and

4. The existence of contiguous habitat of similar type and quality on adjoining land; and

5. Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to clustering of development to avoid intrusion into or fragmentation of habitat, creation of buffers around critical areas, limits on the amount of percent disturbance on a site, restrictions on vegetation removal, and enhancement or restoration of equivalent habitat on or adjacent to the site.

C. Impact on wildlife movement patterns/displacement and adaptation of wildlife populations, including but not limited to disruption of necessary migration or movement patterns that keep wildlife from using their entire habitat to the extent that the health and viability of a species is threatened in the County, displacement of wildlife species into areas that cannot support or sustain the species over the long term to the extent that the health and viability of a species is threatened in the county, and the inability of wildlife species living within or in close proximity to development to adapt and thrive to the extent that the health and viability of the species is threatened in the county. Assessment of significant impact will be based on the following factors:

1. Preventing wildlife from using a habitat they would normally use, such as blocking migration patterns from summer to winter range; and

2. Causing wildlife to find new routes that expose them to significantly increased predation, interaction with motor vehicles, intense human activity, or more severe topography and climactic conditions; and

3. The size of the affected habitat and availability of similarly sized and quality habitat within the surrounding area; and

4. The human activity and development that would result in the inability of a single or multiple species to adapt to the new conditions; and

5. Inability of the specie or species to adapt to significant alteration of their current habitats or to find a new habitat that is sufficient to sustain the species over the long term; and

6. Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to clustering or location of development to avoid intrusion into migration or movement areas, creation of buffers around critical areas, limits on fencing that might interfere with migration and movement patterns, and enhancement or restoration of equivalent habitat on or adjacent to the site.

D. Uniqueness of habitat and species to Larimer County, including but not limited to elimination, reduction, or fragmentation of important wildlife habitat that is identified as unique to Larimer County in that it supports wildlife species that do not commonly occur outside the County to the extent that the health and viability of a species is threatened in the County and impacts on wildlife species that do not commonly occur outside Larimer County to the extent that the health and viability of a species is threatened in the County. Assessment of a significant adverse impact will be based on the following factors.

1. The extent to which similar habitat to that affected by the proposed development exists in Larimer County; and

2. Whether the species does not commonly occur outside Larimer County, as determined by listing by state or federal agencies as threatened or endangered, or as determined by Larimer County in conjunction with the Colorado Division of Wildlife; and

3. Whether the habitat does not commonly occur outside of Larimer County as determined by Larimer County in conjunction with the Colorado Division of Wildlife; and

4. The extent of the threat to the viability of the species; and

  1. The extent of the reduction of the diversity of wildlife species in the county; and
  2. Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to clustering of development to avoid intrusion into or fragmentation of habitat, creation of buffers around critical areas, limits on the amount of percent disturbance on a site, and enhancement or restoration of equivalent habitat on the site or elsewhere in the County.

E. Cumulative impacts, including but not limited to cumulative impacts beyond the boundaries of the proposed site such that the wildlife habitat in the County is eliminated, reduced, or fragmented to the point that the viability of individual species is threatened and the diversity of species occurring in the county is reduced. Assessment of significant adverse impact shall be based on the following factors:

1. The area, including land outside the project site, in which effects of the

proposed project will occur and the impacts of the proposed project that are expected to occur in that area; and

2. The incremental impact on wildlife habitat and wildlife species of the proposed development added to the past and present impact of other activities and developments.


8.4.7 Wildlife Conservation Plans.

  1. Plan preparation. A wildlife conservation plan required by this Section must be prepared for the applicant, at applicant's expense, under the responsible direction of a qualified person acceptable to Larimer County who has demonstrated appropriate expertise.
  2. Plan content. Any wildlife conservation plan required by this Section must include the following information at a minimum:
    1. A description of the ownership, location, type, size, and other attributes of the wildlife habitat on the site;.
    2. A description of the populations of wildlife species that inhabit or use the site, including a qualitative description of their spatial distribution and abundance;
    3. An analysis of the potential adverse impacts of the proposed development
    4. on wildlife and wildlife habitat on or off site;
    5. A list of proposed mitigation measures and an analysis of the probability of success of such measures;
    6. A plan for implementation, maintenance, and monitoring of mitigation measures;
    7. A plan for any relevant enhancement or restoration measures; and
    8. A demonstration of fiscal, administrative, and technical competence of the applicant or other relevant entity to successfully execute the plan.


The Planning Director may waive specific submittal requirements based on the location of the development, the previous use of the site, the size and potential impact of the development, the absence of a particular species on the site, the prohibition of a reasonable use of the site and other relevant factors.

  1. Waivers and Modifications

A. The Planning Director may waive or approve minor modifications of any development standard or review criteria contained in this Section upon a finding that such waiver or modification:

  1. Is consistent with the stated purposes of this section;
  2. Will have no appreciable adverse impacts on wildlife or wildlife habitat;
  3. Any potential adverse impacts will be mitigated or offset to the maximum extent practicable; and
  4. Application of the standard or criteria is not warranted based on the location of the development, the absence of a particular species on the site or other relevant factors.

B. The decision of the Planning Director may be appealed to the County Commissioners pursuant to Section 22.0 (Appeals).


M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Section 8.4 (Wildlife), as presented and outlined in detail above, with the addition of the phrase "…with specified enforcement measures…" in Section 8.4.5.B.5.

Motion carried 3-0.

Section 4.3.10.E - Accessory Buildings:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the addition of the following to Section 4.3.10.E (Accessory Buildings): "A storage building, barn or garage may be constructed on a legal building site before the principal building is constructed provided the building permit for the principal building is issued by the Building Department within 2 years of the date the building permit is issued for the storage building, barn or garage."

Motion carried 3-0.

Section 4.3.10.G - Accessory Dwelling Units:

Mr. Kadera stated that staff has discussed the various uses of accessory dwelling units at great length and it was agreed that this subject would be placed on the future projects list to be discussed with the Steering Committee. Mr. Kadera continued that staff would like to keep this topic on the list but would offer the following as an interim step to be placed in the proposed Land Use Code.

Delete Section 4.3.10.G Guest House as in the proposed Code and replace it with the following:

Section 4.3.10.G Guest Quarters. Living quarters to be incorporated into or added to a single family dwelling for the use of guests of the occupants of the single family dwelling.

  1. The single family character of the structure must be maintained by providing one main entrance to the structure, one set of utility meters and one address for the property.
  2. An addition to an existing single family dwelling to accommodate guest quarters must be architecturally compatible with the existing structure and must be connected by at least an enclosed passageway.
  3. The size of the guest quarters must not exceed 40% of the total square footage of the single family dwelling, excluding the garage and any basement area.
  4. One additional off-road parking space must be provided for each bedroom in the guest quarters.
  5. Building permit applications for Guest Quarters are subject to all applicable impact fees.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Section 4.3.10.G (Guest Quarters), as written, revised, and outlined above.

Motion carried 3-0.

Section 4.3.10.H - Extended Family Dwelling:

Mr. Kadera proposed new wording for Section 4.3.10.H (Extended Family Dwelling) for living quarters in a manufactured home to be used on a temporary basis to house elderly or ill family members. Much discussion followed concerning the requirement of a letter from a licensed doctor to demonstrate the disability and whether a sworn affidavit could suffice and not have to be renewed every 2 years. Following discussion of charging impact fees for the extended family dwelling, Mr. Timm suggested that if provisions for extended family dwellings are added to the Code, the schedule of capital expansion fees should be updated to include fees for extended family dwellings. In the meantime, staff will bring back a proposal for extended family dwellings at the March 15, 1999 meeting.

Section 4.3.10.A - Farmstead:

Mr. Kadera stated that accessory dwellings for agricultural help or immediate family members seem to be related and the total number of these dwellings on a farm should be limited by the size of the farm or special review should be required to allow more than one dwelling per 40 acres. The following proposed Code language addresses the placement of either type of dwelling unit on a farm, ranch, dairy, feed yard or poultry farm.

  1. Farmstead

That portion or portions of a farm, ranch, dairy, feed yard or poultry farm designated for accessory dwellings and other buildings necessary to the operation.

  1. The number of accessory dwellings is limited to one dwelling for each 40 acres of contiguous ownership (accessory dwellings may be occupied by members of the owner/operator's immediate family) plus one dwelling to be occupied by the owner/operator of the property. Accessory dwellings in excess of one per 40 acres are subject to the special review process.
  2. All families residing in accessory farm dwellings who are not part of the owner/operator's immediate family must have at least one family member employed at least part-time at the farm, ranch, dairy, feed yard or poultry farm. It is the property owner's responsibility to provide competent evidence of employment or the need for employment before a site plan is approved for an accessory farm dwelling to be occupied by persons other than the owners' immediate family.
  3. Each Farmstead must be designed to allow a logical pattern of lots that all meet minimum lot size and setback requirements of the applicable zoning district and provide for adequate access, drainage and utilities for each lot. If the agricultural operation ceases, the property owners agree to pursue approval of a Rural Land Plan, Subdivision or Conservation Development to place each accessory farm dwelling on a separate lot, or identify a separate 35-acre-or-larger tract for each accessory dwelling. Capital expansion fees and Standards for All Development required by Section 8 of this Code apply to each accessory dwelling when the building permit is issued. Each plan approved for a Farmstead must include the above agreement; be signed by the property owner, whose signature shall be notarized; and be recorded with the County Clerk and Recorder. The agreement runs with the land and is binding on all successors, assigns, heirs and subsequent owners of the property.
  4. A Farmstead may include agricultural labor housing subject to Special Review approval by County Commissioners.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Section 4.3.10.A (Farmstead), as written, revised, and outlined above.

Motion carried 3-0.

Section 18.2 - Manufactured Home Regulations:

Mr. Kadera stated that staff has discussed many changes to the manufactured housing regulations and offered the following compilation of the changes discussed to date:

18.2.1 Permits, Applicability and Non-Conforming Uses.

A. It shall be unlawful for any person to construct, alter, extend, maintain or operate any manufactured home park in the unincorporated territory of Larimer County, Colorado, unless he holds a valid manufactured home park permit issued by the administrative authority in the name of such person.

B. Application for a manufactured home park permit shall be made to the Planning Division prior to the commencement of any construction, alteration, extension, maintenance or use of a manufactured home park..

C. Manufactured home park permits shall be transferable and shall remain valid so long as the manufactured home park for which such permit shall have been issued shall be in existence and in compliance with this Land Use Code.

D. The extension or expansion of any non-conforming manufactured home park or any other manufactured home park shall require a new application and new manufactured home park permit.

E. Any person whose application for a manufactured home park permit shall have been denied shall be granted a hearing before the Board of Adjustment under the procedure provided in Sections 22.

  1. Any manufactured home which is transportable over state highways as a single, complete dwelling unit and is located outside a manufactured home park shall meet the following requirements:
    1. The manufactured home and any additions to it shall be permanently anchored to a permanent foundation;
    2. The manufactured home and any additions to it shall have standard exterior siding;
    3. The manufactured home and any additions to it shall have a pitched roof structure with standard house shingles or other standard roofing materials; and
    4. The manufactured home shall be incorporated into a larger structure which includes additional bedrooms, recreation room, patio, carport or garage; and
    5. The requirements noted above must be completed within 2 years of the date that the building permit is issued.

G. Manufactured homes may be used to provide dwellings for farm, ranch or dairy help as part of a Farmstead (see Section 4.3.10.A).

H. The use of manufactured homes as dwelling places outside manufactured home parks shall be allowed, as follows:

  1. In lawful manufactured homes subdivisions existing on March 18, 1970 provided that such a subdivision shall not be deemed to be in existence unless it has been approved by the Larimer County Planning Commission in accordance with the subdivision regulations in effect at that time. The sale of two (2) or more lots and the location thereon of manufactured homes prior to March 18, 1970 within a subdivision approved by Larimer County , shall create a presumption of intent to create a manufactured home subdivision, as defined by this Land Use Code.
  2. A lawful manufactured home subdivision existing on March 18, 1970, which is only partially developed, may be completed and developed in accordance with the plans for such completion and development existing prior to March 18, 1970 provided that such completion and development shall not create or permit to continue any hazard to the welfare and health of the inhabitants of Larimer County or the residents of such subdivision.
  3. Manufactured homes with exterior dimensions of not less than twenty-four (24) feet by thirty-six (36) feet shall be allowed on legal lots.
  4. Manufactured homes may be used to provide temporary housing for up to two years during construction of a principal building. The building permit to place the manufactured home must be issued at the same time as the building permit for the principal building.
  1. Except as provided in Section 18.2.1.F, no manufactured home which is transportable over state highways as a single, complete dwelling unit, shall be occupied for dwelling purposes after the effective date of this Land Use Code unless the same is located in a manufactured home park which qualifies as a non-conforming use under this Land Use Code or for which a valid manufactured home park permit has been issued pursuant to this Land Use Code.
  2. It shall be unlawful for any property owner, tenant, lessee, or administrator of any real estate in Larimer County to rent, lease or sell any manufactured home that is to be used as a dwelling or living quarters to be parked on the land under their supervision in violation of the provisions of this Land Use Code.
  3. Any expansion or extension of a non-conforming manufactured home park, either on the same or adjoining property, shall be made in conformity with the provisions of this Land Use Code.
  4. No unlawful use of property, structures or manufactured homes existing on the effective date of this Land Use Code shall be deemed a non-conforming use, structure or manufactured home.
  5. After the effective date of this Land Use Code, no manufactured home park permits shall be issued for new manufactured home parks unless and until the property on which they are to be situated is zoned for manufactured home park use and such zoning is a matter of record in the office of the Clerk and Recorder of Larimer County, Colorado.
  6. Only manufactured homes shall be occupied for dwelling or sleeping purposes within a manufactured home park.

Mr. Timm stated that when the section on Extended Family Dwellings is approved and included in the Code, a reference to same will need to be added to this section.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Section 18.2.1 - Permits, Applicability and Non-Conforming Uses for Manufactured Homes, as reviewed, revised and outlined above.

Motion carried 3-0.

Section 4.8.8 (or 4.8.9 as changed on January 21, 1999 - Page 3 in Minutes) - Expansion or Change in Character:

In determining whether there has been a change in character of a use or structure, Ms. Haag submitted the following factors to be considered for addition to Section 4.8.8 (or 4.8.9): 1) Whether there has been a change in nature, volume, intensity, frequency, quality or degree of the use or structure (For example, has there been a significant increase in the number of employees or traffic volume, has there been a change in the days or hours of operation, have the physical dimensions of the structure been increased?); 2) Whether there has been a change in the activity, products or services (For example, a dog grooming facility, which has been converted to a retail store for pet supplies could be considered a change in the character of the use); 3) Whether the new use or structure reflects the nature and purpose of the prior use or structure (For example, an airstrip used for cropdusting operations which is subsequently used only for recreational parasailing could be considered a change in the character of the use); 4) Whether the new use is different in kind on its effect on the neighborhood (For example, has there been a change in environmental influences such as light, noise, air quality, etc. on the neighborhood?).

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Section 4.8.8 (or 4.8.9) - (Expansion of Change in Character), as reviewed and outlined above.

Motion carried 3-0.

Section 5.3.2.D - General Provisions for Conservation Developments:

Mr. Kadera stated that the wording for accessory houses in conservation developments in Section 5.3.5.C is covered in Section 5.3.2.D; Mr. Kadera recommended that the last line of 5.3.5.C be deleted.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners delete the last sentence in Section 5.3.5.C "Guest houses shall count as one (1) residential dwelling unit", as recommended.

Motion carried 3-0.

Section 4.3.1.N - Greenhouses:

Mr. Kadera stated that several options have been recommended for size of greenhouses to be allowed and he asked the Board is they want to establish a threshold above a certain size of structure to require special review. Commissioner Disney referred to a letter received from Gladys Russell in which she made inquiries from the Department of Planning Services in Weld County; she noted that they consider a greenhouse a "Use by Right" in an agriculture zone district in which an owner may cultivate plants for private use or public sale. Much discussion followed regarding the size to be allowed on certain size acreages and any size larger would require special review.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following wording as an addition to Section 4.3.1.N (Greenhouses): "Allow greenhouses as a "Use by Right" in zoning districts (FA-Farming, FA-1 Farming, RE-Rural Estate, FO-Forestry, FO-1 Forestry, O-Open), as follows: If the lot is less than 10 acres, the maximum size as "Use by Right" is 300 sq. ft.; if it is 10 acres or larger, the maximum size "Use by Right" greenhouse allowed is 3,000 sq. ft., and the only items which can be sold out of the greenhouse, without special review, are products that are cultivated and raised in that greenhouse".

Motion carried 3-0.

At this time, a number of questions were asked by the Board, prompted by E-Mail received from citizens, concerning Wetlands, Adaptive Plants, etc. Mr. Kadera responded that a section on Adaptive Plants will be included in the Technical Supplement, which will accompany the final Code, and reference will also be made in the Wetlands, Wildlife, and Landscaping Sections. Another question posed was "Does the PLUS Code conflict with Colorado's "Right to Farm Statute; Ms. Haag responded in the negative.

Section 5.3.6.A.7 - Conservation Development Standards:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following to be added to Section 5.3.6.A.7 - Conservation Development Standards: "Conservation Developments in the FA-1 Farming and E-Estate Zoning Districts, that provide 80% residual land and provide public sewer service, may increase the number of dwelling units up to 20%. This increase is an incentive to the developer and benefits the community by maximizing he protection of open space and water quality, as required by the Master Plan Fairness Principles." "The density bonus is to be awarded at the discretion of the Board of County Commissioners upon finding that there is a significant public benefit due to the design of the Conservation Development, the feature(s) being preserved in the residual land and the project meets the Standards for all Development required by Section 8 of this Code".

Motion carried 3-0.

Commissioner Rennels suggested wording to be added to Section 5.3.6 concerning "Endangered Species"; discussion followed and it was decided to discuss this further at the hearing on March 15, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this Land Use Hearing until March 15, 1999 at 6:30 p.m. in the Commissioners' Hearing Room of the Larimer County Courthouse, 200 W. Oak St., Fort Collins, Colorado.

Motion carried 3-0.

The hearing adjourned at 9:45 p.m.

____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk









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