Loveland Bike Trail
 

 

 

 

 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 11, 1999

PUBLIC HEARING REGARDING THE

PROPOSED LAND USE CODE

(#534 & 535)

The Board of County Commissioners met at 1:30 p.m. with Larry Timm, Director of Planning, for a Public Hearing regarding the proposed Land Use Code. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Al Kadera, Planner II; Mark Peterson, County Engineer; and George Hass, County Attorney. Recording Clerk, Gael Cookman.

Chair Olson stated that the first item would be to approve the Minutes from the September 29, 1999 Proposed Land Use Code meeting.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes from the October 7, 1999 Proposed Land Use Code meeting.

Motion carried 3-0.

8.9.8 - LOT AREA

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to Subsection 8.9.8: "Lot area, for lots created by the Land Division Process, may not include any portion of an adjacent road."

Motion carried 3-0.

 

9.0 - LAND DEDICATIONS, FEES-IN-LIEU OF DEDICATIONS, FACILITY FEES AND CAPITAL EXPANSION FEES

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following changes to Section 9.0: Add "9.0.1 The County Commissioners may, depending on funds budgeted for this purpose, authorize such funds to pay some or all of the fees in the Section as they would pertain to dwelling units that meet the definition of 'affordable housing' as defined in the County's adopted Affordable Housing Policy or as detailed in intergovernmental agreements with municipalities and school districts."

Motion carried 3-0.

12.2.1 - INFORMAL PROJECT DICUSSION

Commissioner Disney moved that the Board of County Commissioners approve the following changes to Subsection 12.2.1: Add "The applicant will be advised if the property is in a designated Growth Management Area (GMA) or Cooperative Planning Area (CPA). These designations may require special procedural requirements, such as filing of annexation petition forms, reports or studies as may be outlined in intergovernmental agreements and associated Growth Management Area regulations of Larimer County."

Motion carried 3-0.

12.1.C - APPLICATION MATERIALS AND REQUIREMENTS

Commissioner Rennels moved that the Board of County Commissioners approve the following changes to Subsection 12.1.C: Add "The County Commissioners may, depending on funds budgeted for this purpose, authorize such funds to pay some or all of the application fees as they would pertain to dwelling units that meet the definition of 'affordable housing' as defined in the County's adopted Affordable Housing Policy or as detailed in intergovernmental agreements with municipalities and school districts."

Motion carried 3-0.

12.2.3 - CONCEPT REVIEW

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes to Subsection 12.2.3: Add the following to the beginning of 12.2.3.A - "Concept Review is required for Rezonings, Special Reviews, Subdivisions, Planned Developments, and Conservation Developments."

Motion carried 3-0.

12.7 - VESTED RIGHTS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes to Sections 12.7.B and 12.7.C: 12.7.B will now read - "Applicability. A Vested Right is established under Section 24-68-101 et. Seq. C.R.S. 1973, as amended upon approval of a Site Specific Development Plan by the County Commissioners. Site Specific Development Plans are defined to be Final Plats for Subdivisions, Conservation Developments, Planned Developments and Rural Land Use Plans and Site Plans for Special Reviews." 12.7.C will now read - "Approval. A Vested Right is automatically created upon approval or conditional approval of a Site Specific Development Plan. Failure to abide by the terms and conditions of approval will result in a forfeiture of Vested Rights."

Motion carried 3-0.

18.2.1 and 18.2.2- PERMITS, APPLICABILITY AND NON-CONFORMING USES AND MANUFACTURED HOMES OUTSIDE MANUFACTURED HOME PARKS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following changes: 1) Reverse Subsections 18.2.1 and 18.2.2. 2) Change the title of the new 18.2.2 to read, "Permits, Applicability, and Non-conforming Uses for Manufactured Housing Parks." 3) Remove the phrase "except as provided in Subsection 18.2.1.F" from Subsection 18.2.1.F. and 4) Delete Subsection 18.3.1.I (since this section is dealt with elsewhere in the Code).

Motion carried 3-0.

18.2.2.C.3 - MANUFACTURED HOMES OUTSIDE MANUFACTURED HOME PARKS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners delete Subsection 18.2.2.C.3 and adjust the numbering in this Subsection accordingly.

Motion carried 3-0.

 

 

 

 

18.3 - RECREATIONAL VEHICLE PARKS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners deny the proposed changes to 18.3.1.A.

Motion carried 3-0.

DEFINITIONS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners modify the last sentence in the definition of development to read: "This definition excludes activities associated with normal agricultural practices, the drilling of water wells on individual lots and the construction of individual single family or duplex residential dwellings."

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following definition: "Custom Farming: The commercial cultivation, management, harvesting, on-farm handling, local hauling or husbandry of crops, forage or livestock for other agricultural owners or operators. Custom farming operations frequently entail farmsteads with structures and farming or livestock handling equipment capable of serving large acreages."

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following definition: "Threatened or Endangered Species: Plants and animals identified by the Federal Government as threatened or endangered or proposed for threatened or endangered status, plants and animals identified as rare and/or sensitive by the Colorado Division of Wildlife and plants or animals identified as ranking G1 or G2 by the Colorado Natural Heritage Program."

Motion carried 3-0.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following definition: "Common Area: Land within a development, which may or may not be part of the Residual Land and may or may not be individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and may include such complimentary structures and improvements as are necessary and appropriate."

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners delete the definition of Guest House since the use has been deleted from the Code.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following definition: "Immediate Family: Those family members who are by blood or marriage recognized as parents, siblings, or child."

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following definition: "Growth Management Area - Those areas of the County that are included in the Growth Management Area Overlay Zoning District and are subject to an Intergovernmental Agreement between the County and the applicable city or town."

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve changes to the following two definitions: 1) "Junk Vehicle - A vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled, or has all or portions of its body work missing or substantially damaged, or is not registered with the State of Colorado, as required by Section 42-3-103, CRS or by Section 42-102, CRS, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS, or is lacking proper equipment to the extent that would be unsafe or illegal to use on public road rights of way or otherwise not equipped with lamps and other equipment as required by Section 42-4-202 to 42-2-227, CRS. This definition does not include implements of husbandry, farm tractors, farm or ranch equipment or vehicles customarily operated in a farm or ranch operation."

2) "Junk Yard - A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, appliances, junk vehicles or other personal property whether of value or valueless. Junk yards do not include the storage of implements of husbandry, farm tractors, farm and ranch equipment or vehicles customarily operated in a farm or ranch operation."

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following definition: "Affordable Housing - Generally housing which has a sales price or rent within means of a low or moderate income household as defined by local, state or federal legislation or specifically as defined by resolution of the County Commissioners."

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following definition: "Living Quarters - That portion of a structure intended, designed and/or constructed to accommodate sleeping, cooking and bathing."

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following definition: "Legal Lot - A lot, parcel or tract of land created by a legal conveyance of said lot, parcel or tract prior to May 5, 1972; a lot, parcel or tract shown on a subdivision plat which was approved and recorded prior to May 5, 1972 according to the subdivision regulations in effect at the time of approval; a lot, parcel or tract created by the approval of the County Commissioners in conformance with the subdivision regulations in effect at the time of approval; or any parcel of 35 acres or more, which when created did not cause a parcel of less than 35 acres to remain."

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this hearing to October 12, 1999 at 1:30 p.m. in the Commissioners Conference Room, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 4:15 p.m.

TUESDAY, OCTOBER 12, 1999

PUBLIC HEARING FOR CONTINUATION OF

DISCUSSION OF PROPOSED LAND USE CODE

(#539 & #540)

The Board of County Commissioners reconvened at 3:15 p.m. for continuation of the discussion regarding the proposed 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; Mark Peterson, County Engineer; Jim Reidhead, Director Rural Land Use Center; Brenda Gimeson, Technician Rural Land Use Center; Len Roark, Member Planning Commission; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

DISCUSSION ITEM #44 CONCERNING FEES TO BE COLLECTED FOR THE RURAL LAND USE PROCESS:

Chair Olson stated that today's discussion will start with item #44 under Discussion Items in the September 29, 1999 staff report concerning the Rural Land Use Process. Mr. Kadera noted that there a number of questions that have to do with fees and how they relate to the Rural Land Use Process. Mr. Reidhead stated that currently they collect transportation capital expansion fees, regional park fees, school fees, and a rural land use fee; he noted that the only fee collected for 35-acre parcels is a transportation capital expansion fee. After much discussion, it was decided that these are policy decisions that need to be discussed in a future review process for the RLUC rather than in this Land Use Code adoption process.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners not take action today on item #44 listed under Discussion Items in the September 29, 1999 staff report and refer that item to the list of other items being considered at a future time for change in the Rural Land Use Process.

Motion carried 3 - 0.

At this time a handout was submitted listing Code Revisions from the September 29, 1999 hearing for the Board to consider for approval.

 

 

 

 

 

 

REVISED DEFINITION FOR "SPECIAL PLACES IN LARIMER COUNTY":

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners revise the definition for "Special Places in Larimer County" to read: "Sites and structures listed on the State and National Registers of Historic Places and in the Larimer County Parks Comprehensive Master Plan".

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the replacement of all references in the Code of "Special Places" with the new definition of "Special Places" as defined above, such as in Sections 2.3.F, 5.1.3.D, 5.2.3.E; in Section 4.5.3, item I is to be omitted, and Section 5.8.6.B.4. will remain the same and will be included in the future review of the Rural Land Use Process.

Motion carried 3 - 0.

SUBSECTION 5.3.5.C AND SECTION 4.3.1.L - AGRICULTURAL LABOR HOUSING IN A CONSERVATION DEVELOPMENT:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend Subsection 5.3.5.C and replace Section 4.3.1.L to read: "Agricultural labor housing in a Conservation Development must be counted as part of the allowed number of dwelling units. Four beds in an agricultural labor housing structure equal one dwelling unit when such housing is proposed in a Conservation Development".

Motion carried 3 - 0

SUBSECTION 4.3.10.A.1 - FARMSTEAD

Discussion ensued regarding #10 under Discussion Items in the September 29, 1999 staff report concerning accessory dwelling units permitted on 40 acres; Mr. Kadera submitted a new definition, which was discussed and amended, but the Board concurred that it would still be confusing to the general public and so they asked Mr. Kadera to draft a table to include with the definition indicating exactly how many dwelling units are allowed on a certain number of acres.

 

SUBSECTION 5.3.2.H - EXCEPTIONS TO REQUIREMENT FOR CONSERVATION DEVELOPMENT

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the amendment to Subsection 5.3.2.H to read: "Exceptions to the requirement for a Conservation Development may be granted by the County Commissioners. An application for development of the site must be submitted within three years from the date an exception is approved or the exception will automatically expire. Criteria for consideration of an exception request or an extension of an approved exception include, but are not limited to:"

Motion carried 3 - 0.

SUBSECTION 5.3.7.A.1 - SPECIAL AREA PLANS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the amendment to the second paragraph of Subsection 5.3.7.A.1 to read: "Special Area Plans will be prepared by the County as directed by the County Commissioners. If such a plan is not in the current County work program or budget, funding may be provided by the applicant or other entity so that the Special Area Plan may be prepared by a private consultant with oversight by the County. All Special Area Plans require a recommendation by the Planning Director and approval by the Planning Commission."

Motion carried 3 - 0.

SUBSECTION 4.3.1.M - GREENHOUSES:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the definition of Greenhouse and item #1 as written in the Proposed Land Use Code under 4.3.1.M and delete items #2, #3, #4.

Motion carried 3 - 0.

SUBSECTION 4.3.10.B - HOME OCCUPATION:

The Board discussed and revised the definition for Home Occupation as written in the Proposed Land Use Code.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve changes to Subsection 4.3.10.B (Home Occupation) to read as follows: "A business use conducted in a single-family or duplex dwelling by members of the family who reside on the premises and that does not change the residential character or exterior appearance of the single-family or duplex dwelling. 1) A home occupation may utilize up to 50% of the square footage of the dwelling, including the basement and attached garage. 2) A home occupation may employ one person who does not reside on the premises. 3) All parking required to accommodate a home occupation must be provided on the site of the home occupation. 4) There can be no outdoor storage associated with a home occupation. 5) The maximum sign size for a home occupation is 3 square feet. Each home occupation is limited to one sign, which must be located on the same lot as the home occupation."

Motion carried 3 - 0.

DEFINITION OF HOME OCCUPATION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the definition for Home Occupation to read: "A business use conducted within a single family or duplex dwelling by members of the family who reside on the premises and that does not change the residential character or exterior appearance of he single family or duplex dwelling", as listed under #11 in the Staff Report of September 29, 1999.

Motion carried 3 - 0.

SECTION 7.1.H OF THE ROAD MANUAL

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommendation of the Planning Commission to add the following wording for Section 7.1.H., as further revised by Mr. Hass and the Board: "Consideration should be given to the impact of the design of roads and bridges on wildlife", and instructed Mr. Peterson to also put this wording under Design Guidelines and on the Flip Chart.

Motion carried 3 - 0.

There was discussion of capital expansion fees as they apply to guest quarters or extended family dwellings and if those uses should have a reduced fee; no action was taken.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners continue this hearing until 2 p.m. on October 19, 1999 in the Commissioners Conference Room, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 2 - 0.

The hearing adjourned at 5:10 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

 

____________________________________

Sherry E. Graves, Deputy County Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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