MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, February 5, 2007
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were: Sean Wheeler, Casey Stewart, and Naomi O’Connor, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.
Chair Pro-Tem Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Pro-Tem Rennels then explained that Items 1 through 3 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.
1. MOYER EXTENDED FAMILY DWELLING APPEAL - #06-SP0188: This is a request for an appeal to Section 4.3.10.G. to use a Park Model Recreation Vehicle as an Extended Family Dwelling. The applicant seeks approval to use a Park Model Recreational Vehicle (RV) as an Extended Family Dwelling. This requires an appeal to the Land Use Code provisions in 4.3.10.G. which states that Extended Family Dwellings must be in manufactured homes and not Recreational Vehicles. However, the County Building Department has reviewed the technical specifications of the particular RV at this site. Building Department staff determined that if the RV can meet certain standards, it should be found acceptable as a temporary residential use.
The unit is currently located on the site and is being occupied by the applicant, who is a family member of the property owner and is over 65 years of age. The subject property is 5.43 acres in size, and located south of Loveland and north of State Highway 402, on the east side of County Road 13 (St. Louis Avenue). As the unit was placed on site without initial review, it is in an area where a utility easement exists. The utility company has advised staff they do not object to the RV being in their easement, as long as the applicant acknowledges that work in the easement may require excavating around or moving the RV. The applicant is aware of this condition.
In the Land Use Code, Section 4.3.10.G. provides the standards for administrative approval of Extended Family Dwellings. Extended Family Dwellings are defined as living quarters in a manufactured home for temporarily housing immediate family members. Applicants and property owners must obtain all required building permits and pay a prorated capital expansion fees. The permit is issued for a term not to exceed three years, and may be extended for additional three-year periods. Administrative approval is based on the other standards such as minimum lot size, age of the occupant, etc. Staff review determined that this application meets (or is expected to be able to meet) the requirements for the Extended Family Dwelling. Thus, a public hearing is only required to consider the appeal, and is not needed for discussion about the applicant’s eligibility for the use.
Planning staff have no issues or concerns with this request, and find it meets the requirements for an Extended Family Dwelling as defined by the Land Use Code. Staff from the county Engineering, Health, and Building Departments have reviewed the proposed Minor Special Review and provided the following comments:
1. The Engineering Department supports the request so long as both the primary residence and the accessory use take the same access onto the County Road. The use will need to be relocated if it is shown to be in a utility easement and the utility company has raised objections. Finally, the owner is required to pay the Transportation Capital Expansion Fee at the time of approval for the building permit.
2. The Health Department’s comments are attached and have been detailed above in this report. Beyond those concerns noted, the Health Department supports the request.
3. The Building Department’s comments support the request. They note that if the use is approved the applicant must obtain an Extended Family Dwelling Permit. At a minimum, this permit requires the wheels to remain on the unit. The unit must also show compliance with anchorage and provide written approvals from the appropriate utility companies for utility service. (This could include water, sewer, electric and propane gas.) Staff has received an email from Loveland stating that location of the Extended Family Dwelling on their easement is acceptable with the conditions noted. Finally, two sets of an anchorage or tie-down plan from the manufacturer are required at building permit. Please note the minimum wind design for the anchorage plan is 100-mph 3-second gust with exposure C per the 2003 International Residential Code as amended and adopted by Larimer County.
4. Staff referred the application to outside reviewing agencies for comment. The Loveland Housing Authority inquired if the hearing is open to the public, but did not provide additional comments in writing to staff. No other outside referral agencies expressed interest or concern regarding the request at the writing of this report.
The Land Use Code provides for the administrative approval of Extended Family Dwellings. This applicant has shown they meet or can meet the standards for an administrative approval. The appeal is to use a recreational vehicle as the Extended Family Dwelling. However, the type of RV in question is similar in nature to a small modular home. The county Building Department has indicated that as long as the applicant agrees to certain requirements which typically apply to this type of use, the RV should be able to serve as the Extended Family Dwelling. This is based on the conclusion that Extended Family Dwelling’s are temporary in nature, can be relocated, and must still provide for adequate utilities, anchoring, etc. Conditions of approval can be applied to ensure that all health and safety issues are addressed.
The Development Services Team recommends approval of the appeal to Section 4.3.10.G, to allow for a Park Model Recreation Vehicle to serve as an Extended Family Dwelling, subject to the following conditions:
1. The applicant shall obtain an Extended Family Dwelling Building Permit for the accessory use that shall include the following as minimum requirements:
a. The wheels shall be reattached to and remain on the park model RV.
b. Approval of the Extended Family Dwelling Permit shall include compliance with all building permit requirements. The applicant shall provide a plan for anchorage or tie-down from the manufacturer, to the minimum wind design standard for the anchorage being 100 mile per hour 3-second gusts with exposure C per the 2003 International Residential Code as amended and adopted by Larimer County. The applicant shall provide commitments from utility service providers including water, sewer (if a septic permit is not approved) electrical and propane gas approvals.
c. The applicant shall provide a letter from the City of Loveland committing to serve the Extended Family Dwelling with water and sanitary sewer services (if required).
d. The applicant shall provide two sets of an anchorage or a tie-down plan from the manufacturer. The minimum wind design for the anchorage plan is 100-mph 3-second gust with exposure C per the 2003 International Residential Code as amended and adopted by Larimer County.
2. The Findings and Resolution shall be a servitude running with the property. Those owners of the property (or any portion of the property) who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees and persons holding under applicants shall comply with the terms and conditions of the approved appeal.
3. Location of the extended family dwelling shall be consistent with the site plan and other information contained in File #06-SP0018.
4. The applicant is responsible for the proportionate payment of duly enacted Transportation Capital Expansion Fee (Section 4.3.10.G.3 of the Land Use Code) at the time of building permit application. This fee covers the three-year duration of the permit. An additional fee in the above amount is required for any subsequent extension of an extended family dwelling permit.
5. Approval of the extended family dwelling will be in effect for a maximum of 3 years. At the end of the 3-year period, this approval automatically expires. Such permit may be extended for additional 3-year periods (upon application) provided the conditions in Section 4.3.10.G.1.b. continue to exist.
2. POUDRE CITY SUBDIVISION LOTS 4B AND 5B LOT CONSOLIDATION - #06-S2661: This is a request for a Lot Consolidation to combine two adjacent lots into one lot in the Poudre City Subdivision. If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.
There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; the Larimer County Engineering Department Development Review Team; and the Larimer County Addressing Coordinator.
The proposed Poudre City Subdivision Lots 4B and 5B Lot Consolidation will not adversely affect any neighboring properties or any county agency. The Lot Consolidation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Poudre City Subdivision Lots 4B and 5B Lot Consolidation subject to the following conditions:
1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by August 5, 2007, or this approval shall be null and void.
2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.
3. EAGLE RIDGE ESTATES PUD EXTENSION - #05-Z1570: This is a request to extend the previously-granted one-year time frame for preliminary plat approval of a conservation development on the subject properties. This item was previously discussed by the Board of County Commissioners on February 6, 2006. At that time, the Board decided to leave the property zoned FA-1 (conditional, based on previous pending development) and allow the property owners to proceed with a revised development application under assumption of FA-1 zoning. The property owners were allowed until February 6, 2007, (one year) to obtain preliminary plat approval.
The owners submitted a preliminary plat application in September 2006, which has stalled due to an insufficient legal description and revisions to the proposed project. The applicant has submitted a request to extend the time period for preliminary plat approval for one more year. The applicant is working on finalizing the legal description and has indicated intent to submit a revised project packet in the next month or two that will address concerns brought up with the first draft of the preliminary plat. In addition, the applicant has submitted a request to rezone the project to FA-1 definitively. The rezoning application will proceed independently of the preliminary plat application in order to provide a final determination of the subject property’s zoning status prior to completion of any new development.
The Planning Department staff supports the extension request as a result of the projects complex aspects, e.g. large number of acres and lots involved, multiple ownerships, complex legal history of ownerships.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve Items 1 through 3, as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
The meeting ended at 3:05 p.m.
TUESDAY, FEBRUARY 6, 2007
The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were: Donna Hart, and Debra Unger, Commissioners’ Office; Jim Reidhead, Rural Land Use Center; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 29, 2007:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of January 29, 2007.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 12, 2007: The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for February 6, 2007:
ABATEMENTS: As recommended by the County Assessor, the following Petition for Abatement is approved: Sirius Investments, Inc.
02062007A001 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR PITTINGTON R.L.U.P. 05-S2447 BETWEEN THE BOARD OF COUNTY COMMISSIONERS; JARENE L. PITTINGTON AND FOOTHILLS VISTA DEVELOPMENT, INC.; AND PITTINGTON HOMEOWNERS ASSOCIATION
02062007A002 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR PITTINGTON 2ND R.L.U.P. 06-S2603 BETWEEN THE BOARD OF COUNTY COMMISSIONERS; JARENE L. PITTINGTON AND FOOTHILLS VISTA DEVELOPMENT, INC.; AND PITTINGTON HOMEOWNERS ASSOCIATION
02062007A003 LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 ADDENDUM
02062007A004 AGREEMENT TO PURCHASE SERVICES FOR THE CENTER FOR 1 FTE DIVERSION CASE MANAGER
02062007A005 BILATERAL CHANGE ORDER LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION
02062007A006 INTERGOVERNMENTAL AGREEMENT REGARDING THE LARIMER COUNTY DRUG TASK FORCE
02062007R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PITTINGTON RURAL LAND PLAN
02062007R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PITTINGTON 2ND RURAL LAND PLAN
02062007R003 FINDINGS AND RESOLUTION DENYING THE WATERDALE DRIVE ADDRESS APPEAL
02062007R004 FINDINGS AND RESOLUTION APPROVING IN PART AND DENYING IN PART THE ARKINS PARK SUBDIVISION ADDRESSING APPEAL
0206R007R005 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICALS
MISCELLANEOUS: Final Plat for Pittington R.L.U.P. 05-S2447; Final Plat for Pittington 2nd R.L.U.P. 06-S2603; Northern Integrated Supply Project Draft Environmental Impact Statement Review Time Letter; Approve Appointments to Fair Board.
LIQUOR LICENSES: The following liquor license was approved and issued: Best Western Crossroads Inn – Tavern – Loveland.
Motion carried 2-0.
5. APPOINTMENTS TO GENERAL IMPROVEMENT DISTRICT (GID) #2 PINEWOOD SPRINGS ADVISORY BOARD: Ms. Unger outlined appointments to the GID #2 Pinewood Springs Advisory Board as follows: Christine Cook, James Izatt, and David Painter, appointed for a 4-year term beginning February 6, 2007, and ending February 5, 2011; Russ Hardy, and Patrick Toal, appointed for a 3-year term beginning February 6, 2007, and ending February 5, 2010.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the GID #2 Pinewood Springs Advisory Board as listed.
Motion carried 2-0.
6. LEGISLATIVE UPDATE: Mr. Gluckman presented a handout to the Board regarding impending legislative House and Senate Bills. Discussion among the Board and Mr. Gluckman ensued.
7. WORKSESSION: There were no worksession items to discuss.
8. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
9. LEGAL MATTERS: There were no legal matters to discuss.
The meeting ended at 9:55 a.m.
KATHAY RENNELS, CHAIR PRO-TEM
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen L. Romary, Deputy Clerk