MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, February 12, 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, Porter Ingrum, and Casey Stewart, Planning Department; Traci Downs, Engineering Department; David Ayraud, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
Chair Pro-Tem Rennels opened the hearing 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. OLD FARM PLANNED LAND DIVISION/PLANNED DEVELOPMENT - #06-S2582: This is a request for approval of a Preliminary Plat for a Planned Land Division and rezoning to divide a 9.95 acre parcel into 2 lots of 4.05 and 5.90 acres. Property will be rezoned to PD consistent with the existing FA-Farming zoning of the property. This application also includes an appeal to Section 8.1.1B.2.a of the Larimer County Land Use Code (LCLUC) which requires development within a GMA.
The Planning Commission recommends to the Board of County Commissioners that the Old Farm PLD/PD, File #06-S2582, be approved subject to the following conditions:
- The Final Plat of the Old Farm PLD/PD shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the File #06-S2582, unless modified by the conditions of this approval.
- The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, required sprinklers for the new dwelling unit and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.
- The following notes shall be placed on the Final Plat:
a. “Due to high groundwater, basements are not allowed on any new structures constructed within this subdivision.”
b. “Any new structures placed within the Cache La Poudre 100 year flood fringe must have their lowest floors 18 inches above the base flood elevation.”
- All required fees including Transportation Capital Expansion Fees, Park Fees in Lieu of Land Dedication, and Poudre R-1 School fees must be paid at time of building permit issuance. The fee amount that is current at the time building permit application shall apply.
- Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
- The applicant shall execute a Disclosure Notice for approval by the county to be recorded with the Final Plat. This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, elimination of basements, the need for passive radon mitigation, and the issues raised in the review and/or related to compliance with the Larimer County Land Use Code.
The Planning Commission recommends that the Board of County Commissioners approve the request to rezone the property for the Old Farm Planned Land Division from FA (Farming) to PD (Planned Development). The permitted uses, lot, building and structure requirements, setbacks and structure height limits for the Old Farm Planned Land Division and Planned Development shall be as follows:
1. Principal Uses:
1) Farm (R)
2) Boarding stable (S)
3) Pet animal facility (MS/S)
4) Greenhouse (R)
1) Single-family dwelling (R)
2) Group home for developmentally disabled (R)
3) Group home for the elderly (R)
4) Group home (R)
1) Hospital (S)
2) School, public (L)
3) School, nonpublic (R/S)
4) Church (R/S)
5) Child/elderly care center (S)
6) Child/elderly care home (R)
7) Community hall (R/S)
8) Sheriff/fire station (L)
9) State-licensed group home (S)
1) Trail/trail head (L)
1) Utility substation (L)
2) Water storage facility (L)
3) Commercial mobile radio service (R/S)
4) Treatment plant (L)
5) Commercial mobile service (R/S)
2. Minimum lot size:
a. 100,000 square feet (2.3 acres) if a well or septic system is used.
b. 21,780 square feet (0.5 acre) if both public water and sewer are used.
3. Minimum setbacks:
a. Front yard—25 feet from the property line or from the nearest edge of the road easement.
b. Side yards— 5 feet.
c. Rear yards— 10 feet.
d. Streams, creeks and rivers—100 feet from the centerline of the established watercourse.
4. Maximum structure height—40 feet.
5. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.
6. Rezoning to PD will not be effective until and unless the Board of County Commissioners approve a Final Plat and the plat and all necessary documents are duly recorded.
2. ROSE MINOR SPECIAL REVIEW #06-Z1621 (TABLED FROM JANUARY 22, 2007): This is a request for approval of a Minor Special Review for a detached Accessory Living Area on approximately 30 acres.
Planning staff have no issues or concerns with this request and find it meets the requirements for an Accessory Living Area as defined by the Land Use Code. Review by the Building Department is complete, and the hold is in place pending a decision on this request. 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 notes that the applicant has not asked for an additional access onto the county road for the accessory use, in compliance with county requirements. The Engineering Department also notes that the owner is required to pay the Transportation Capital Expansion Fee at the time of approval for the building permit.
2. The Health Department supports the use of the request and has no additional items of concern.
3. The Building Department notes that there are three outstanding building permits for this site. Two of the permits are pending approval of the Minor Special Review, and the third is for a riding arena that only requires final electrical approval (performed by the State). The Building Department has reviewed the technical information provided regarding the RV, and supports its use as an Accessory Living Area. As a final note, the County Addressing Coordinator provided addresses for both the primary residence and the Accessory Living Area.
Staff referred the application to outside reviewing agencies. The only response came from the Poudre Fire Authority, which did not have any concerns or objections related to the request.
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 as well. 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.
The Development Services Team recommends approval of the Rose Minor Special Review subject to the following conditions:
1. The site shall be developed consistent with the approved plan and with the information contained in the Rose Minor Special Review (File #06-Z1621) 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 Rose 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 the county, the county may withhold building permits, issue a written notice to the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The 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 the applicants, shall comply with the terms and conditions of the Special Review approval.
4. All applicable fees including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the Accessory Living Area.
5. The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.
6. The applicant shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Accessory Living Area at the time of building permit application. The Accessory Living Area can not exceed 800 square feet in size and can not be rented, or marked as rental property.
7. The applicant shall obtain all required building permits for the new residence, the Accessory Living Area and the outstanding building permits to all previous work in the existing barn. The applicant shall also comply with all state and county requirements related to the demolition of the existing residence and asbestos removal.
3. FEIT 1ST MINOR LAND DIVISION PLAT VACATION - #06-G0127: This is a request for approval to vacate the plat of the Feit 1st Minor Land Division (File #00-S1544) along with the 30-foot half road right-of-way along County Road 3 and a utility easement also shown on the approved plat. The subject property consists of two lots in the Feit 1st Minor Land Division (MLD) which the county approved in 2000. The owners seek to eliminate the dividing line between lots 1 and 2 and return the parcel to its original form. They also seek to eliminate a utility easement and right-of-way dedicated on the MLD plat. The owners plan to rededicate the right-of-way by deed, which can be done concurrent with the vacation of the plat. The project description indicates that the request is being made because the MLD was created for estate planning purposes, and it is no longer needed.
The Development Services Team recommends approval of the request to vacate the plat of the Feit 1st Minor Land Division, along with the 30-foot ˝ right-of-way along County Road 3 and the utility easement shown on the MLD Plat. The owners shall re-dedicate the right-of-way along County Road 3 concurrent with the BCC approval of the Findings and Resolution vacating the Feit 1st MLD Plat.
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.
4. JIBBEN APPEAL - #06-G0125: This is a request for an appeal of Section 4.1.5.B.1.a (O-Open zoning minimum lot size) of the Land Use Code to allow a lot size of 9.56 acres rather than 10 acres. If approved, the lot would be created through the subdivision process. At a public hearing on January 3, 2007, the Larimer County Planning Commission considered the applicant’s appeal of Section 4.1.5.B.1 of the Land Use Code, which sets forth the lot size requirement for new lots in the O-Open zoning district. The applicant is seeking a lot size variance of 0.44 acres from the minimum 10 acre lot size requirement in the O-Open zoning district for the purposes of dividing the property, currently 19.56 acres, into two lots. According to the applicant, the total size of the subject property is 19.56 acres. The owner desires to divide the property into two lots, one at 10 acres and one at 9.56 acres, which is the subject of this request.
The applicant is advised that approval of this appeal does not give any indication of approval for a subsequent subdivision application. The standard issues associated with dividing property - such as water supply, sewer service, public road access, mitigation of impacts to wildlife and natural hazards – will still have to be resolved.
The Larimer County Development Services Team recommends the Board of County Commissioners approve the Jibben Appeal, File #06-G0125, subject to the following conditions:
- This approval shall automatically expire two years from the date of approval unless a final plat of the subdivision of the property is recorded prior to that date.
Mr. Stewart explained that the applicant seeks an appeal to the LCLUC in order to divide the existing lot into two lots. Currently, there are properties in the surrounding area that vary in size and are less than 10 acres. Approving the Jibben Appeal would have little or no impact on the area.
Tim Brothers, Perkins Land Surveying, stated that he represents the applicant, and they are in agreement with staff regarding the conditions of the appeal.
Chair Pro-Tem Rennels opened the hearing for public comment. No one from the audience addressed the Board.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Jibben Appeal, File #06-G0125 as recommended by the Development Services Team and the Larimer County Planning Commission.
Motion carried 2-0.
5. DISNER EXTENDED FAMILY DWELLING - #06-SP0190: This is a request for a simplified site plan approval for an Extended Family Dwelling (EFD) to allow the applicant and spouse to occupy the existing living quarters attached to an RV park store. A new, separate single family dwelling would be constructed for the applicant’s children and their family. The request also includes an appeal for the EFD to be in a permanent structure along with an appeal to the 4-acre lot size requirement.
It is common for RV campgrounds to have living quarters on the property where the owners or managers reside. The living quarters are typically either incorporated into the principal building, or a detached living unit. This proposal is different in that the existing living quarters would be considered an extended family dwelling (EFD), and the new single family dwelling will be considered the dwelling that is accessory to the RV campground. This proposal requires a public hearing with the Board of County Commissioners because the extended family dwelling would not be in a manufactured structure and would be on property less than four acres.
If this application is approved, the new single family dwelling would be considered the owner/manager’s living quarters accessory to the RV campground, and the existing living quarters would be the extended family dwelling and occupied by the parents of the owner. To avoid the situation of two permanent dwellings on the property, the applicant has agreed to a condition that the living quarters attached to the store will be removed or converted to office or storage space that is clearly accessory to the RV campground use. This condition would be enforced when either the property is sold to a new owner, or when the applicant and spouse have passed away.
Also, the property’s size does not meet the criteria for an extended family dwelling as found in Land Use Code Section 4.3.10.G. The regulations require at least four acres unless public sewer service is used by the principal dwelling and the extended family dwelling. The two dwellings will be served by an on-site septic system. According to the Department of Health and Environment, the current septic system is not sized sufficiently to service 15 RV sites, the store, attached living quarters, and a new single family dwelling. The applicant has previously agreed to reduce the number of RV sites to a number acceptable to the department. This reduction will accommodate the increase caused by the new single family dwelling. Although the property size does not meet the size requirement, the Planning Director and the Department of Health and Environment are of the opinion that the proposal can be accommodated with the existing septic system, subject to the reduction in number of RV sites.
The following agencies provided comments regarding this proposal:
- The Engineering Department provided comments with regard to drainage and erosion control, utilization of the existing access and applicable Transportation Capital Expansion Fees.
- The Department of Health and Environment commented on the limited capacity of the existing septic system and that additional load on the system will not be allowed. The department is willing to work with the applicant to figure out how many RV sites must be removed to allow the new single family dwelling. The issues of septic system and water supply must be resolved no later than the issuance of the building permit for the new dwelling.
The Development Services Team recommends approval of the Extended Family Dwelling with the following conditions:
1. Applicable Transportation Capital Expansion and Building Permit fees shall be paid by the applicant at the time of building permit for the new single family dwelling.
2. The location of the extended family dwelling shall be consistent with the site plan and the information in File #06-SP0190.
3. The applicant is responsible for payment of all required fees and obtaining required building permits; a building permit for the new single family dwelling must be applied for and issued within one year of this approval, otherwise this approval automatically expires.
4. Approval of the Extended Family Dwelling will be in effect for a maximum of 3 years from the date of this approval, after which the extended family dwelling (attached to store) must be removed or an additional three years granted by the Board of County Commissioners, provided that the conditions noted in Land Use Code Section 4.3.10.G.2.a & b continue to exist. Any application for additional time must be submitted prior to expiration of the approval in effect at that time.
5. The applicant shall abide by the requirements of the Department of Health and Environment in regards to modifying the number of RV sites to accommodate the new single family dwelling. This condition shall be resolved no later than the issuance of the building permit.
6. Within three months of either of the following occurrences, the applicants or owners must notify the county Planning Department of the occurrence, and remove the extended family dwelling (attached to store) from the property or convert it to an accessory use (not residential) that is clearly accessory to the RV campground use:
a. Sale of the property to someone other than the current owner (Sybrandts) or the applicant.
b. The death of Mr. and Mrs. Disner (applicants).
Mr. Stewart explained the proposal as outlined above. Mr. Ryan stated that the applicant agreed to remove enough RVs, in order to accommodate the new single family dwelling. The agreement includes the removal of three RV sites, bringing the total to 12 RV sites, which will allow the applicants the ability to use the three bedroom dwelling as an Extended Family Dwelling. Mr. Disner stated that he agrees with the conditions of approval, and wanted to clarify that there were no RVs currently on site. He said that his family will be using the property for temporary housing of RVs, such as camping, instead of as permanent dwelling locations.
Chair Pro-Tem Rennels opened the hearing for public comment, and no one from the audience addressed the Board. Some discussion among staff and the Board ensued.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Disner Extended Family Dwelling, subject to the conditions as recommended by staff.
Motion carried 2-0.
The meeting ended at 3:20 p.m.
TUESDAY, FEBRUARY 13, 2007
The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were: Neil Gluckman, Assistant County Manager; Donna Hart, Deni LaRue, and Debra Unger; Commissioners’ Office; Gary Buffington, Parks and Open Lands Director; K-Lynn Cameron, Parks and Open Lands Department; Jerry White, Engineering; Bill Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 5, 2007:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 5, 2007.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 19, 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 13, 2007:
02132007A001 CONSTRUCTION CONTRACT AGREEMENT BY AND BETWEEN THE LARIMER COUNTY BOARD OF COMMISSIONERS AND ZAK DIRT, INC.
02132007R001 FINDINGS AND RESOLUTION APPROVING THE SLACK MINOR SPECIAL REVIEW AND APPEALS TO SECTION 4.3.10.B.1.f AND 4.3.10.B.1.h OF THE LARIMER COUNTY LAND USE CODE
MISCELLANEOUS: Federal Annual Certification Report; Amended Plat of Lot 4 and a Portion of Lot 5, Tract 2, Big Elk Meadows Final Plat.
LIQUOR LICENSES: The following liquor license was approved and issued: Carter Lake Marina – 3.2% Beer Retail – Loveland. The following liquor license was approved: Crazy Jack’s Saloon – Tavern – Fort Collins.
Motion carried 2-0.
5. HERMIT PARK ACQUISITION: Mr. Buffington explained that on December 12, 2006, the Board approved the purchase of 1362 acres in the Estes Valley (Hermit Park) from Agilent Corporation. He stated that the Chair needs to sign a Conservation Easement, Resolution, and a Grant Agreement, before Thursday, February 15, 2007.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the above mentioned documents pertaining to the acquisition of Hermit Park.
Motion carried 2-0.
02132007A002 GRANT AGREEMENT BETWEEN LARIMER COUNTY PARKS AND OPEN LANDS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE HERMIT PARK AND OPEN SPACE PROJECT
02132007D001 DEED OF CONSERVATION EASEMENT BY AND THROUGH LARIMER COUNTY BOARD OF COMMISSIONERS TO AND FOR THE BENEFIT OF ESTES VALLEY LAND TRUST FOR THE HERMIT PARK AND OPEN SPACE PROJECT
02132007R002 RESOLUTION SUPPORTING THE AGREEMENT BETWEEN LARIMER COUNTY AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
6. APPOINTMENTS TO GENERAL IMPROVEMENT DISTRICT #14 LITTLE VALLEY AND PUBLIC IMPROVEMENT DISTRICT #24 WESTRIDGE ESTATES ADVISORY BOARD: Ms. Unger explained that Donald Lowe resigned from the GID #14, and Bob Christopher would fill his unexpired term through November 30, 2009, if approved by the Board. Also, Lana Callahan resigned from the PID #24, and Joe LaGrotta would fill her unexpired term through November 30, 2010, if approved by the Board.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the GID #14, and PID #24, as listed.
Motion carried 2-0.
7. LEGISLATIVE UPDATE: Mr. Gluckman presented information to the Board regarding impending legislative House and Senate Bills. Discussion among the Board and Mr. Gluckman ensued.
8. WORKSESSION: There were no worksession items to discuss.
9. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
9. LEGAL MATTERS: Executive Session (affidavit provided).
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.
Motion carried 2-0.
The Executive Session ended and the following action was taken:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $3000 for asbestos testing on the home of Mark Powell at 8182 S. Shields Ave.
Motion carried 2-0.
The meeting adjourned at 10:25 a.m.
KATHAY RENNELS, CHAIR PRO-TEM
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen L. Romary, Deputy Clerk