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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 11, 2009

 

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 11:00 a.m. with K-Lynn Cameron, Parks and Open Lands Manager.  Chair Rennels presided and Commissioners Johnson and Donnelly were present. Also present were:  Charlie Johnson, and Jerry White, Engineering Department; Nancy Wallace, Chair for Open Lands Advisory Board; and Gael Cookman, Deputy Clerk.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for the purpose of discussing purchase acquisition, lease, transfer or sale of any real or personal property interest, as outlined in 24-6-402-(4)(a).

 

Motion carried 3-0.

 

The meeting recessed at 11:20 a.m., with no action taken.

 

Monday, May 11, 2009

 

LAND USE

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Larry Timm, Planning & Building Services Division Director; Toby Stauffer, and Candace Phippen, Planning Department; Traci Shambo, and Michael Whitley, Engineering Department; George Hass, County Attorney; and Tamara Slusher, Deputy Clerk. 

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Chair Rennels explained that the following items are on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         AQUAVIEW SUBDIVISION, LOT 22, BLOCK 5, EASEMENT VACATION:  This is a request to vacate the northernmost 10 feet of a 20-foot wide utility and drainage easement along the southern lot line of Lot 22, Block 5, of the Aquaview Subdivision.  The property contains a single-family home that was built in 1977.  The vacation is requested to accommodate a proposed detached garage.

 

The application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no concerns.

 

3.         PLUM TUCKERED INN MINOR SPECIAL REVIEW, FILE #09-Z1732:  This is a request for approval for a Minor Special Review to allow a Bed and Breakfast to accommodate no more than six guests at any time within a single-family home.  The property is 12.8 acres situated on the east side of Apple Valley Lane approximately one quarter mile east of County Road 27.

 

There is an existing single-family home on the property that was built in 1990.  The home has five bedrooms, three bathrooms, and is approximately 2,400 square feet.  The Bed and Breakfast is proposed on the lower level of the home which contains three bedrooms and two bathrooms.  The Bed and Breakfast would accommodate no more than six guests at any time.  Bed and Breakfasts that accommodate more than six guests require Special Review approval.

 

The parking requirement for a Bed and Breakfast is two spaces plus one space for each bedroom used for accommodation.  The site has adequate area to accommodate the required number of parking spaces.

 

Except for the addition of signage and solar lights, no additions or exterior changes are proposed.  Signs will be limited to two on-site signs not to exceed 32 square feet.  The size and location of signs is not reviewed as a part of the Minor Special Review process but will be evaluated when the property owners apply for sign permits. 

 

Buckhorn Creek runs north-south through the property east of the home.  The addition of a Bed and Breakfast to the property should not have an adverse affect on the creek.

 

Staff provided the following comments:

 

1.   Planning Staff:  Planning staff has no issues or concerns with this request and find it meets the requirements for a Bed and Breakfast as defined by the Land Use Code.  The site can accommodate the required number of parking spaces.  Signs will be limited to two on-site signs not to exceed 32 square feet.  The size and location of signs is not reviewed as a part of the Minor Special Review process but will be evaluated when the property owners apply for sign permits. 

 

2.   Engineering Department:  The Engineering Department comments indicate that one parking space must be assigned as a handicapped space.

 

3.   Department of Health and the Environment:  The Health Department did not object to the request and noted that the existing on-site septic system should be able to adequately serve the proposed Bed and Breakfast along with the existing single-family use.  The Health Department also noted that Bed and Breakfast operations are not required to meet standards for public food service establishments.

 

4.   Code Compliance Section: Candice Phippen’s attached staff report dated March 26, 2009 details the permit history of the property and describes the permits necessary to bring the existing home, 12’ x 32’ frame shed and gazebo into compliance with Larimer County requirements.  The staff report notes that Bed and Breakfasts with six or fewer guests do not require a change of occupancy permit but that a Bed and Breakfast Declaration Form must be completed by the property owners.

 

5.   The Building Department: The Building Department has no concerns with the Bed and Breakfast as proposed but has noted that additional building code requirements would apply if the home is no longer occupied as a single-family home or if the number of guests exceeded six.

 

6.   Staff referred the application to outside reviewing agencies including the Loveland Rural Fire Protection District.  The Loveland Rural Fire Protection Districts had no comments regarding the project as proposed but noted that additional fire code requirements would apply if the home was not occupied by the proprietor of the Bed and Breakfast or if the number of guests exceeded six. 

 

No other individuals or referral agencies contacted Planning Staff with comments on this request.

 

It is the assessment of the Development Services Team that this request meets the Minor Special Review criteria provided the property owners satisfy the recommended conditions of approval below.

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Plum Tuckered Inn Minor Special Review (File #09-Z1732) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Plum Tuckered Inn Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.   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 Special Review approval.

 

4.   Within 90 days from the date of approval, the property owners shall obtain a remodel permit and required inspection approvals for the addition of two bedrooms to the home, shall obtain a permit and required inspection approvals for the existing 12’ by 32’ frame shed and shall obtain a permit and required inspection approvals for the existing gazebo on the property.

 

5.   The property owners shall complete a Bed and Breakfast Declaration Form.

 

6.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

4.         HORSESHOE PARK LOTS 10, 11, AND LADERA ROAD AMENDED PLAT, FILE #09-S2864:  This is a request for approval of an Amended Plat to realign Ladera Road, realign the property boundaries of Lot 10 and Lot 11 of the Horseshoe Park Subdivision, and to vacate a 40-foot utility and access easement located north of Ladera Road along the west side of Lot 10.

 

Horseshoe Park Subdivision is located south of County Road 4, west of Highway 287, and southwest of Berthoud.  The realignment of Ladera Road is being done to accommodate access to the Coyote Crossing Conservation Development, immediately to the west.  The Board of County Commissioners approved the Coyote Crossing Preliminary Plat on February 2, 2009, and the Final Plat is in process.  One of the applicants for this amended plat is also the applicant for the Coyote Crossing Conservation Development.

 

The project includes a request to vacate a 40-foot access easement along the west side of Lots 10 and 11.  However, following the staff review, the applicant agreed to modify the easement vacation request to vacate only the portion of the easement on the north side of Ladera Road and along the west side of Lot 10.  This was suggested because the easement to the south provides access to existing crossings over the Upper Highland and the Supply Irrigation Ditches.  These ditches cross Lots 11 and 12, which is also further south as shown on the amended plat.  Without access to these crossings, the owner of Residual Lot A in the Coyote Crossing Conservation Development would have to construct new crossings over the ditches as these are required by the Land Use Code.  Use of the existing crossings eliminates this requirement, saves a cost for the future buyer of the Residual Lot in Coyote Crossing, and will not require approval for the new crossings by the Ditch Companies.

 

The Development Services Team review did not result in any concerns regarding this request, other than the potential impact to the access for Residual Lot A in the No-Teh-Mah Estates Conservation Development.  Provided this issue is adequately addressed, Staff supports the realignment of Ladera Road to accommodate access for the Coyote Crossing Conservation Development.  In addition, no utility companies contacted Staff with objections to the amendment and realignment of Ladera Road, and the realignment of the road will not impact access for emergency services.  As a related note, the Berthoud Fire District has been an active participant in the approval process for the related Coyote Crossing Conservation Development as well, and did not object to the modifications to Ladera Road.

 

Approval of the amended plat and easement vacation will not create any additional lots.  The resultant lots will not exceed the required minimum lot size of 2.3 acres in the FA-1 Farming Zone District.  Approval will also not create a nonconforming setback for any existing building or any other nonconformity for existing structures, minimum lot sizes, setbacks, the required road width, etc. as technical requirements of the Land Use Code.  Provided the applicant comply with the condition of approval related to the impact costs to the driveway for Residual Lot A in the No-Teh-Mah Ridge Conservation Development, the amended plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.  The applicant is also aware that the amended plat will not alter any covenants, deed restrictions or other conditions of approval that apply to the original lots.

 

The Development Services Team recommends approval of the Horseshoe Park Lot 10 and Lot 11 Amended Plat and the realignment of Ladera Road.  The Development Services Team also recommends approval to vacate a 40-foot access and utility easement on the north side of Ladera Road along the west property line of Lot 10, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by November 09. 2009 or this approval shall be null and void.

 

2.   The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

3.   The Applicant is responsible for all costs related to changes to the access driveway for Residual Lot A in the No-The-Mah Ridge CD, that are the result of the realignment of Ladera Road.

 

 

5.         HUANG PLANNED LAND DIVISION/PLANNED DEVELOPMENT, FILE #08-S2797:  This is a request for approval for rezoning from FA-Farming to PD-Planned Development, and classifying a subdivision as a Planned Land Division (PLD) of a 10-acre site into 3 lots for single-family residential uses.  The request also includes appeals to Section 8.1.1.B.4 (Sewage Disposal Service Standards in a GMA) and Section 8.14.7.B (Road Surfacing Requirements).

 

This item was on the consent agenda for the April 15, 2009, Planning Commission meeting.  The Planning Commission did not express any concerns, and the applicant did not object to any conditions recommended by the Development Services Team.  The Planning Commission voted 6 to 0 in favor of all three motions including the appeals, the proposed subdivision, and the rezoning request.

 

The Planning Commission and the Development Services Team recommend approval from the Board of County Commissioners for the Huang Planned Development rezoning from FA-Farming to PD-Planned Development, as described in File #08-S2797. 

 

The Planning Commission and the Development Services Team further recommend the Board of County Commissioners approve the Huang Planned Land Division as described in file #08-Z2797 and subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Huang Planned Land Division and Planned Development, File # 08-S2797, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Huang Planned Land Division and Planned Development, File # 08-S2797.

 

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication), and a drainage basin fee.  The fee amount that is current at the time of building permit application shall apply.  The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

 

3.   The development shall connect to the public water system and be designed and constructed to supply a minimum fire flow of 1,000 gallons per minute with a minimum pressure of 20 pounds per square inch (PSI).  In addition, the development must provide fire hydrants no more than 1,000 feet from each occupied structure.

 

4.   All habitable structures will require an engineered foundation system.  Such engineered foundation system designs shall be based upon site-specific soil investigations.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   Prior to recordation of the final Development Agreement and Final Plat, Developer shall provide a signed Agreement to Annexation for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

 

Finally, the Planning Commission and the Development Services Team recommend the Board of County Commissioners approved the appeals to Sections 8.1.1.B.4 and 8.14.7.B of the Larimer County Land Use Code, file #08-Z2797. 

 

6.         GREENFIELDS PLANNED LAND DIVISION/PLANNED DEVELOPMENT, FILE #08-S2777:  This is a request to rezone from C (Commercial) to PD (Planned Development) and to divide the Planned Land Division (PLD) into two commercial use lots. The property is located on the south side of Highway 14, at the intersection with Greenfields Court. Current zoning on the property is C-Commercial. Proposed uses for the site include a convenience store/gas station and fast food restaurant.

 

The subject site fronts onto the Highway 14 frontage road and Greenfields Court. The project includes the future realignment of the frontage road along the south and western portions of the property and one primary access off the realigned frontage road.  Plans indicate a proposed 60-foot right-of-way for the realigned frontage road.

 

The majority of the site is relatively flat with drainage flowing to the south.  The Lake Canal ditch runs along the south and southwest boundaries of the property.  Plans indicate a proposed 25-foot access easement for the Lake Canal Ditch and a 42-foot wide ditch easement. The plat includes drainage easements, utility easements, sewer easements, and additional ROW for Greenfields Court.

 

The project is located within the East Mulberry Corridor Plan (EMCP) area. The EMCP calls for the area to be neighborhood commercial to support residents, businesses, and travelers along the Mulberry corridor. Neighborhood commercial uses in this area could include restaurants/fast food outlets, and general support retail/service space.

 

On April 15, 2009, the Greenfields Planned Land Division request was presented to the Larimer County Planning Commission as a consent agenda item.  The project remained on the consent agenda, no additional comments were provided at the hearing, and the project received a unanimous recommendation for approval. The project was recommended with nine conditions of approval.

 

The Planning Commission recommends to the Board of County Commissioners that the Greenfields Planned Land Division, (File #08-S2777) for the property be approved subject to the following conditions:

 

REZONING:

 

Approval of the request to rezone the property for the Greenfields Planned Land Division (File #08-S2777) from C (Commercial) to PD (Planned Development), subject to the following conditions:

 

1.   The rezoning shall be effective upon the recordation of the final plat of Greenfields Planned Land Division.

 

2.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Greenfields Planned Land Division shall be as follows:

 

§  Uses followed by an (R) are allowed by right.

§  Uses followed by an (MS) require approval through the minor special review process.

§  Uses followed by an (S) require approval through the special review process described in section 4.5.

§  Uses followed by an (R/S) may be allowed by right or require special review approval based on thresholds in section 4.3 (use descriptions).

§  Uses followed by an (L) require review through the location and extent review process described in section 13.0.

 

PD (Planned Development)

A.   Principal uses:

Agricultural

Garden supply center (R)

Pet animal facility (R/S)

Pet animal veterinary clinic/hospital (R/S/MS)

 

Commercial

Convenience store (R)

Automobile service station (R)

Carwash (R)

Professional office (R)

General retail (R/S) See section 4.3

General commercial (R)

Personal service (R)

Takeout restaurant (R)

Sit-down restaurant (R)

Nightclub (R)

Flea market (R/S)--See section 4.3 (use descriptions and conditions)

Instructional facility (R)

Outdoor display/sales (R)

Clinic (R)

Institutional

Health services (R)

School, public (L)

School, nonpublic (S)--See section 4.3

Sheriff/fire station (L)

Church (R/S)

Recreational

Place of amusement or recreation (R/S)--See section 4.3

Membership club/clubhouse (R)

Accommodation

Hotel/motel (R)

Industrial

Enclosed storage (R)

Trade use (R/S)--See section 4.3

Light industrial (S)

Utilities

Utility substation (L)

Commercial mobile radio service (R/S)

Radio and television transmitters (S)

Water storage facility (L)

Transportation

Transportation service (R)

Parking lot/garage (R)

Park and ride (R)

 

B.  Lot, building and structure requirements:

1.  Minimum lot size:

15,000 Square feet

2.  Minimum setbacks:

a. 5 feet from north property line or ROW line

b. 10 feet from east property line or ROW line

c. 20 feet from all other property lines or ROW lines.

3.  Maximum structure height--40 feet.

4.  No parcel can be used for more than one principal building

 

PLANNED LAND DIVISION:

 

Approval of the Greenfields Planned Land Division (File #08-S2777) subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Greenfields Planned Land Division (File #08-S2777), except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Greenfields Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance:  Larimer County fees for County and Regional Transportation Capital Expansion and drainage basin fees.  The fee amount that is current at the time of building permit application shall apply.

 

3.   Prior to final plat approval the applicant shall adequately address all referral agency comments and concerns or, if a subsequent site plan is needed, prior to the approval of a site plan.

 

4.   Prior to final plat approval the applicant shall provide a signed and executable ditch agreement with the Lake Canal Company as stated in letters dated January 23, 2009 and March 12, 2009.

 

5.   Construction Plans for the water infrastructure shall include the relocation of the Fire Hydrant on site to a location that is acceptable to ELCO and the Poudre Fire Authority. A letter from ELCO and PFA confirming that the location is acceptable shall be provided with the final plat application.

 

6.   Prior to final plat approval the applicant shall place a sight distance easement to the west of the access point between the new frontage road alignment and the drive thru exit lane.

 

7.   The final plat shall include cross parking and cross access easements shown on the properties.

 

8.   Prior to the recordation of the final plat a signed and executable parking lot access agreement shall be submitted to the planning department for recordation.

 

Prior to the recordation of the final plat final construction plans and the final drainage and erosion control report shall address comments listed in the memo from the County Engineering Department dated February 26, 2009.

 

The Development Review Team recommends that the Board of County Commissioners approve the Greenfields Planned Land Division, File #08-S2777, subject to the conditions listed above, as recommended by the Planning Commission.

 

Lonnie Sheldon, with Van Horn Engineering, requested that Item #2 be pulled for discussion.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for May 11, 2009, with the exception of Item #2 which was pulled for discussion.

 

Motion carried 3-0.

 

7.         COX APPEAL, FILE #09-G0168:  This is an appeal of the Planning Director’s determination that a use (efficiency apartment) was not a legal nonconforming use.  Mr. and Mrs. Cox requested an appeal to the Planning Director’s determination on March 18, 2009.

 

The test for a legal nonconformity for a second dwelling on a property zone O-Open is that it must have existed and continued in use without a break for more than 12 months at any one time since at least before November 29, 1973.  After that date, the O-Open zoning district allowed only one single family dwelling unit per parcel.  The relevant portions of the Land Use Code Section 4.8 dealing with nonconforming uses are as follows:

 

4.8.1.  Purpose.

This section governs uses, building and structures (except signs), and lots that were legally established prior to the adoption of this code but that do not comply with one or more requirements of this code. The provisions of this section are intended to recognize the interests of property owners in continuing and putting to productive use nonconforming uses, buildings, structures and lots while also encouraging as many aspects of such uses, buildings, structures and lots to be brought into conformance with this code as is reasonably practicable.


4.8.2.  Nonconforming use.

A nonconforming use is an existing use that does not comply with the requirements of this code but did conform to all applicable regulations in effect at the time the use commenced.


4.8.3.  Nonconforming building or structure.

A nonconforming building or structure is an existing building or structure that does not comply with the requirements of this code but did conform to all applicable regulations in effect at the time the building or structure was constructed.


4.8.4.  Continuation of a nonconforming use.

A nonconforming use may be continued. Normal or routine repairs and maintenance of a building, structure or area containing a nonconforming use are allowed. Normal or routine repairs and maintenance do not include any repairs or maintenance that enlarges a building, structure or area containing a nonconforming use.


4.8.5.  Substitution of uses.

A nonconforming use may not be replaced by another nonconforming use.


4.8.6.  Discontinuance of a nonconforming use.

If a nonconforming use is discontinued for more than 12 consecutive months, the use may not be reestablished. If a question arises as to whether a nonconforming use has been discontinued, the property owner has the burden to show by competent evidence that the nonconforming use has not been discontinued.

 

4.8.7.  Continuation of nonconforming building or structure.

A nonconforming building or structure may continue to be used and occupied. Normal or routine repairs and maintenance of a nonconforming building or structure are allowed. A nonconforming building or structure may not, however, be repaired or altered in a way that would increase the degree of nonconformity with respect to this code.

 

4.8.8.  Reserved.


4.8.9.  Destruction.

 

A. If a nonconforming building or structure is destroyed (i.e., incurs damages of more than 50 percent of the building or structure's replacement cost) by a calamity beyond the control of the property owner, other than a flood, the property owner may repair or replace the nonconforming building or structure, provided that he/she submits a complete building permit application within 12 months of the calamity. The nonconforming building or structure may only be replaced in the same location and size as the original building or structure. Nonconforming buildings or structures damaged or destroyed by flood must meet the requirements of subsection 4.2.2 (floodplain overlay district).

 

B. If a building or structure containing a nonconforming use is destroyed by a calamity beyond the control of the property owner, the property owner may reestablish the nonconforming use and may repair or replace the building or structure, provided that he/she submits a complete building permit application within 12 months of the calamity. The building or structure containing the nonconforming use and the nonconforming use may only be replaced in the same location, size and character as the original building or structure and use.

 

The applicant, Mr. Charles Cox, addressed the Board and explained in further detail the difficulties of contacting the previous owners of the property to confirm use of the apartment prior to 1973.  Mr. Cox also described the apartment and how the construction differed from what was currently on record in the Assessor’s office.

 

The Board discussed with staff the water supply to the apartment as well as building code requirements which are not yet met.  Further discussion ensued regarding the fees involved if the applicant should choose to apply for a farmstead.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners affirm the determination made by the Planning Director that the efficiency apartment is not a nonconforming use, and therefore deny the appeal.

 

Motion carried 2-1; Commissioner Donnelly dissenting.

 

8.         LAND USE CODE AMENDMENTS REGARDING TRANSPORTATION CAPITAL EXPANSION FEES:  This is a request to make changes to Sections 9.5 and 9.6 of the adopted Land Use Code related to Transportation Capital Expansion Fees.  The planning Commission discussed the proposed code amendments at their April 15, 2009, hearing. 

 

Comments received in the Planning Commission hearing and the Board of County Commissioners and Planning Commission joint worksession on February 11, 2009, have been incorporated into the proposed amendments.

 

Fee Update

Pursuant to Section 9.5 and 9.6 of the Larimer County Land Use Code, Larimer County collects a Transportation Capital Expansion Fee from new developments that generate traffic under the principle of allocating a fair share of the costs of new public facilities to new growth and development. 

 

Section 9.5 and 9.6 of the Larimer County Land Use Code specifies that each January the Regional and Non-Regional Transportation Capital Expansion Fees shall be updated to reflect changes in road construction costs during the previous year. The amount of fee increase is based upon the Colorado Construction cost index prepared by the Colorado Department of Transportation.  Engineering Staff recommended, and the Board of County Commissioners approved, a 6% fee increase for 2009 at Administrative Matters on Tuesday December 30, 2008.  Since the Fee schedule is currently listed in the Larimer County Land Use Code, Section 9.5 and 9.6 of the Code needed to be updated accordingly. 

 

In addition to the changes to Section 9.5 and 9.6 of the Larimer County Land Use Code that are a result of the Transportation Capital Expansion Fee adjustment, Staff is recommending removal of the Road Fee Schedule itself from the Larimer County Land Use Code.  Removal of the Road Fee Schedule eliminates the need for recurring Land Use Code updates when the fee is evaluated, and potentially updated, each year. The fee schedule will still be referenced in Code and the updated and most current schedule will be placed on the Larimer County Engineering Department web site. It will also be reflected on various Building and Planning Department forms and handouts.  This approach is consistent with other fee schedules applied in the planning department.    

 

 

Other Updates

Staff also recommends amending Sections 9.5.6.B & 9.6.7.B to add the following uses that would be exempt from paying Transportation Capital Expansion Fees:

·  Home Occupations

·  Accessory living areas attached to or incorporated into a single family dwelling

·  Bed and Breakfasts with 6 or fewer guests

 

The rational for proposing to exempt these uses is as follows:

·  Home Occupations are only permitted if they do not change the residential character of the neighborhood. Therefore, additional vehicle trip generation as a result of the Home Occupation is expected to be insignificant in comparison to the existing trips generated by the single family residence.  

·  An accessory living area that is attached to, or incorporated into, a single family dwelling is comparable to having a larger single family home. The additional trips are expected to be insignificant in comparison to the existing trips generated by the single family residence.

·  Bed and Breakfasts with 6 or fewer guests are a use by right in three Zoning Districts and do not require a building permit. Without a permit or review process, Staff does not have a mechanism to collect the fee in these cases. However, this same scenario in other Zoning Districts is not a use by right and would require a review process. Therefore the fee could be collected in these Zoning Districts. In order to be consistent and fair, Staff suggests that all Bed and Breakfast uses with 6 or fewer guests should not be assessed the fee.

 

Lastly, there are several typographical errors and obsolete information in Section 9.5 and 9.6 of the Code that could be corrected at this time.

 

Staff’s position is that the above changes are minor in nature and may be considered “housekeeping” items.  Staff agrees that the proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code and are necessary to correct an omission or error in the code. 

 

There was no staff or Commissioner discussion on this topic.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amendments to Section 9.5 and 9.6 of the Larimer County Land Use Code.

 

Motion carried 3-0.

 

2.         BURR MINOR SPECIAL REVIEW, FILE #09-Z1733:  This is a request for approval for a Minor Special Review to allow an Accessory Dwelling Unit on a 37.93 acre property situated on Lory Lane just outside of the Estes Park Planning Area in Estes Park.  The property is zoned RE1 Rural Estate.

 

The property has an existing residence, cabin, barn and outbuildings.  The purpose of this Minor Special Review is to allow the owners to use the property as it has functioned historically, and so that it will be in compliance with the Larimer County Land Use Code.  Recent and present land uses on the site include single family residential and boarding of three horses.  The dwelling unit on the property was for barn and stable help for agricultural operations.  The applicant indicates that the cabin will be used solely for guests of the occupants of the house or for those providing a service on the site in exchange for their residency.  The cabin will not be rented or leased separately from the house.

 

Some comments and concerns were voiced at the neighborhood meeting.  Generally there are no significant objections to the project; however, several neighbors indicated that they were not in favor of using the unit as a rental structure.  Additional concerns include added traffic unto Lory Lane and keeping all utilities viable. 

 

The following Larimer County and referral agencies have stated that they have no objections to this proposal:

 

·  Larimer County Building Department

·  Engineering Department Development Review Team

·  Estes Park Community Development

·  Colorado Department of Natural Resources, Division of Water Resources

·  Department of Health and Environment

·  Code Compliance Section

·  County Addressing Coordinator

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use and the accessory living area should not be used as a rental unit.  It is the assessment of the Development Services Team that this request can meet the standards, provided the owner complies with the requirements for an Accessory Living Area, and satisfies the recommended conditions of approval below.

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Burr Minor Special Review (File # 09-Z1733) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Burr Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.   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 Minor Special Review approval.

 

4.   The owner is responsible for obtaining all required building permits for the Accessory Living Area (cabin) and the 1600+ square foot addition to the main residence as identified in paragraphs 5 and 10 below.  All applicable fees, including building permit fees and Transportation Capital Expansion Fees shall apply to the permits.

 

5.   Within sixty (60) days from the date of the final decision on this application, the owner shall obtain a building permit for the 1600+ square foot addition to the original 588 square foot residence.  An initial inspection of the addition will be conducted by Building Department staff within two weeks from the date the permit is issued.  Steps to abate imminent life-safety issues, if any, noted by staff following the initial inspection must be made immediately.  Remaining inspection approvals under the permit must be obtained within eighteen (18) months from the date the permit is issued.  

 

6.   Per Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the current structure shall not exceed to 40 percent of the square footage in the single-family dwelling or 800 square feet whichever is less.

 

7.   The single-family character of the property must be maintained.  The entrance(s) to the accessory living area must not be visible from any road.

 

8.   The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

9.   The accessory living area must not be rented or leased separately from the single-family dwelling.

 

10.   Within sixty (60) days from the date of the final decision on this application, the owner shall obtain a building permit for the 720 square foot cabin.  An initial inspection of the addition will be conducted by the Building Department staff within two weeks from he date the permit is issued.  Steps to abate imminent life-safety issues, if any, noted by staff following the initial inspection must be made immediately.  Remaining inspection approvals under the permit must be obtained within eighteen (18) months from the date the permit is issued.

 

11.   Within sixty (60) days from the date of the final decision on this application, the owner shall have an inspection of the existing septic system serving the primary residence conducted by the Larimer County Department of Health & Environment, and shall take any necessary steps following that inspection to bring the septic system into compliance with the County’s Individual Sewage Disposal Systems Regulation. 

 

12.   By September 11, 2009 the privies on the property shall be property abandoned, and a new septic system shall be designed and installed to serve the accessory cabin.  A permit to install that system shall be obtained from the Larimer County Department of Health and Environment prior to installation.

 

13.   This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

Ms. Stauffer addressed the Board and detailed the updates made to the conditions of approval.  Mr. Sheldon expressed concerns regarding these updates and requested the Board grant him more time to work with the homeowners and staff to rectify these issues.

 

There was no one in the audience present to comment on this topic.

 

M O T I O N

 

Commissioner Johnson moved that this item be tabled until July 6, 2009, at the 3:00 p.m. Land Use Hearing.

 

Motion carried 3-0.

 

There being no further business the hearing adjourned at 4:00 p.m.

 

PUBLIC HEARING REGARDING

HAYDEN FLOOD PARCEL DISPOSITION

IN BIG THOMPSON CANYON

 

The Board of County Commissioners met at 6:30 p.m. with Gary Buffington, Natural Resources Director.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Charlie Johnson, Engineering Department; Frank Lancaster, County Manager; and Tamara Slusher, Deputy Clerk. 

 

Chair Rennels opened the meeting and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Mr. Buffington began the hearing by detailing the background of the project.  The Parks Advisory Board and the Department of Natural Resources’ staff have been working on the Hayden Subdivision parcel disposition plan for over 6 months.  The Parks Advisory Board established a set of criteria to evaluate the flood parcels in the Big Thompson Canyon and applied the criteria to the parcels in Hayden Subdivision. 

 

The Parks Advisory Board and staff have taken public comment at Board meetings, conducted three neighborhood informational meetings, and have answered numerous questions regarding the project.  The recommendation below is the result of the comprehensive public process.  The Parks Advisory Board and staff feel that this recommendation has addressed the major concerns of both the public recreationists and the private landowners in Hayden Subdivision.

 

Larimer County retains ownership of the public valued flood parcels from the Highway 34 right-of-way through the Big Thompson River corridor, which includes the river bank on both sides of the river.  A wildlife friendly boundary fence will be placed at the top of the east river bank, which will separate public from private ownership.  Parcels beyond the river bank to the east will be sold to adjacent, neighboring, previous landowners, or at public auction.  Proceeds from the sales of these parcels will be used to improve and maintain county owned public lands in the Big Thompson River corridor.

 

There will be no other County owned parcels retained with the exception of two parcels (Parcels 1 and 2) that are located at the farthest northeast end of Hayden Subdivision nearest the bridge.  These two parcels have deed restrictions which require them to remain in public ownership until the year 2018. 

 

The County will not be reserving any public access to the river from the recommended sale of the parcels within Hayden Subdivision.  The County will also work with current landowners in Hayden Subdivision during the sale of parcels to allow additional river corridor access. 

 

The recommendation also requests that the Board of County Commissioners allow staff to proceed with the drafting of contracts for the sale of these recommended parcels.  Staff understands that the draft contracts will need a Parks Advisory Board recommendation and ultimately Board of County Commissioners approval prior to final sale.

 

Mr. Johnson addressed the board and further described the two parcels remaining in County ownership as well as the private easements that will be required to allow public access to the river corridor.

 

Discussion ensued amongst the Board regarding the benefit to both the landowners and the public from this arrangement, noting that this was an excellent example of public involvement in the decision process.

 

M O T I O N

 

Commissioner Donnelly moved to adopt the Parks Advisory Board recommendation for the disposition of the Big Thompson River flood parcels in the Hayden Subdivision.  He further moved that staff be allowed to proceed with the drafting of contracts for the sale of the recommended parcels.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 6:50 p.m.

 

 

TUESDAY, MAY 12, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Larry Timm, Planning Director acting on behalf of the County Manager.  Chair Pro-Tem Johnson presided and Commissioner Donnelly was present.  Also present were:  Donna Hart, Commissioners’ Office; Marc Engemoen, Public Works Director; Stephen Gillette Solid Waste Department; Linda Hoffman, Rural Land Use Center;  Russ Legg, and Toby Stauffer, Planning Department; Mark Peterson, and Linda Sanders, Engineering Department; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Stan Ebel noted his frustration with the ever increasing organized bicycle races and rides along County Road 27 and County Road 38E.  Mr. Ebel suggested moving these events to another venue where they do not compromise safety by competing for the use of public roadways.  

 

Andrea Roy commented on how forestry is addressed in Larimer County.  He stated that slash is the biggest problem and that that he has created a machine to take pine trees and turn them into fertilizer, which would handle the problem and turn a profit.  The Board asked Mr. Roy to connect with the County Forester and the Department of Natural Resources Director.

 

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF MAY 4, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of May 4, 2009, as presented.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 18, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 12, 2009:

 

05122009A001           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO. 273, RECONSTRUCTION OF COUNTY ROAD 9, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY

05122009A002           CONTRACT FOR RESIDENTIAL TREATMENT SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY COMMUNITY CORRECTIONS DEPARTMENT AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES

05122099A003           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR LONGVIEW R.L.U.P. BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KAREN E. HAYES

05122099A004           ARCHITECT/ENGINEER SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NOLTE ASSOCIATES, INC

05122009A005           ARCHITECT/ENGINEER SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARCHITECTURAL RESOURCE GROUP P.C.

05122009A006           ARCHITECT/ENGINEER SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KENNEY & ASSOCIATES, INC

05122009A007           ASSURANCES AND CERTIFICATIONS FOR FTA 5311 TRANSIT FUNDS

05122009D001           DEED OF DEDICATION CHARLES S. BAY AND TANYA J. BAY

 

MISCELLANEOUS:            Findings and Order granting the application, as amended, of Fort Collins Lodge No. 804, Benevolent & Protective Order of Elks of the USA for a club liquor license; Appointment of Pat Little to GID #2 Pinewood Springs Board, filling unexpired term of Russ Hardy, which ends November 30, 2009; Recovery Act Justice Assistance Grant.

 

LIQUOR LICENSES:         The following licenses were approved and/or issued: Pool Tyme Billiards – Tavern – Billiards; Sunrise Ranch – Special Event 6% – Loveland.  

Motion carried 2-0.

 

5.  COST REDUCTION MEASURES FOR SOLID WASTE:   Mr. Engemoen and Mr. Gillette presented cost reduction measures for the Solid Waste Department, which included an employee furlough program, closing the landfill on Sunday’s, closing one day a month during the summer at the Wellington Transfer Station, giving only one half-price per roll off per neighborhood cleanup, etc.  Mr. Gillette noted that these measures are being proposed to off-set revenue shortfalls within their department.  The Board agreed to this proposal.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve implementing the cost reduction measures in the proposed business plan, effective at the earliest possible date.

 

Motion carried 2-0.

 

6.  REGULATIONS FOR USE OF RURAL LAND USE PROCESS – RESIDENTIAL LOTS:  Ms. Hoffman presented a formal interpretation of the legislative reference to “residential” uses within the Rural Land Use Plan (RLUP) regulations.  She noted that the residential lots created under the RLUP process should be governed by the County Land Use Code, just as other residential lots, and the use of residual lots should be governed by mechanisms and agreements created via the RLUP approval.  The Board agreed to this proposal as well.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the recommendation presented by the Rural Land Use Advisory Board.

 

Motion carried 2-0.

 

7.   AMENDED CONDITIONS OF APPROVAL FOR MCBLAIR RANCH SPECIAL EXCEPTION:  Ms Stauffer noted that the McBlair Ranch is seeking a Temporary Certificate of Occupancy to hold events in the existing from May 2009 through October 2009.  She stated the original conditions of approval anticipated work would be completed by now; however, the applicants are requesting this time extension to continue operations and collect funding necessary to make improvements to the building.  The Board agreed to approve the request, and Commissioner Donnelly stated that the process seems to be too onerous on the applicants, and would like to revisit it in order to help agricultural operations continue to thrive in the area.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the conditions as amended, allowing the events center to use and operate on a temporary basis, until October 30, 2009, at which time no further events will beheld in the building without further review.

 

Motion carried 2-0.

 

8.   TRANSFER OF UNCLAIMED ESCROW FUNDS TO NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT #8:  Mr. Peterson explained that in the 1980’s the developer of Namaqua Hills deposited approximately $182,000 into an escrow account with Larimer County as part of a negotiation settlement between the developer and the lot owners in Namaqua Hills for failure to pave the roads.  To date, there remains a balance of $26,279.16 in an escrow account as a result of the inability to locate the individuals who owned lots in Namaqua Hills in the 1960’s and 1970’s.  Mr. Peterson requested the ability to transfer these funds to the Namaqua Hills General Improvement District to be used for road maintenance for the benefit of all owners in this subdivision.   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the resolution to transfer unclaimed escrow funds to Namaqua Hills General Improvement District #8.

 

Motion carried 2-0.

 

05122009R001           RESOLUTION APPROVING TRANSFER OF UNCLAIMED ESCROW FUNDS TO NAMAQUA HILLS GID #8

 

9.   COLLATERAL FOR PUBLIC IMPROVMENTS IN NEW DEVELOPMENTS – TEMPORARY MODIFICATIONS:  Mr. Legg explained that approved development projects are experiencing difficulty obtaining the necessary collateral during this economic decline.  Mr. Legg requested the Board approve the following action to assist during this time:  To allow the Planning Department to utilize the following temporary modification of the 12.6.1-3 Collateral code requirements by using the worksheet summary dated April 28, 2009, as the guideline.  Specifically, for final plats submitted but not yet recorded the preferred alternative is to extend the Preliminary plat for two years and return the final plat to the applicant.  For Final plats submitted and ready to record except for the provision of collateral the preferred alternative is to consider extending the time to record the plat after final plat submittal from one year to two years.  For plats recorded and collateral soon will be expiring the staff is directed to review the details of each case and schedule a show cause hearing as to why the plat should not be vacated due to fundamental change in conditions in the area; or in small projects consider using the existing collateral to complete the improvements or in appropriate situations work with the developer to replace expiring collateral with a lot sale restriction on all lots and common areas.  The guidelines for options and use of lot sale restrictions as detailed in attached worksession agenda will be followed.  Staff will present the Collateral modification policy to the Board within 12 months for extension, modification or repeal. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the temporary modification of Section 12.6.1-3 of the Larimer County Land Use Code, which defines the collateral requirements. 

 

Motion carried 2-0.

 

10.   COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

11.  COMMISSIONER ACTIVITY REPORTS:   The Board reviewed events they attended during the previous week.

 

12.  LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting adjourned at 10:40 a.m., with no further action taken.

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

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