LARIMER COUNTY RURAL LAND USE ADVISORY BOARD

MEETING MINUTES

Monday, February 2, 2015

Larimer County Courthouse Lake Estes Conference Room (Suite 333)

 

Rural Land Use Board:

 

Present:

Staff:

Alan Carlson

Brenda Gimeson

Bill Spencer

Terry Gilbert

Debra Herston

Pam Stringer

Joe Wise

 

Kristin Grazier

 

Randy Mergler

 

Ryan Hostetler

 

 

Absent:

Kara Lamb

 

AGENDA TOPICS:

 

The meeting was called to order at 5:10 p.m.

 

1.   Approval of the August 26, 2014 minutes.  Member Hostetler made a motion to approve the minutes from the August 26, 2014 meeting.  Vice-Chair Herston seconded the motion.  Members Wise and Mergler abstainedAll were in favor.  Motion passed unanimously.

 

2.   Introduction and Welcome of new members, Joe Wise and Randy Mergler

      Members introduced themselves and welcomed Joe and Randy

 

3.   Posting of meetings in compliance with open meetings law:

Member Spencer made a motion to designate the official place for posting the RLUAB agendas to be the County Commissioners Agenda and the Larimer County website in accordance with the requirements of the Colorado Open Meetings laws (CRS 24-6-402).  Member Mergler seconded the motion.  All were in favor.  Motion carried unanimously.

 

4.   Discussion and Recommendation of Section 5.8.5 Land Use Code Changes

Brenda gave a brief overview on the history of the Rural Land Use Process, Section 5.8.5 of the Larimer County Land Use Code.  When the Rural Land Use Process was adopted in 1996, it was a separate document and was not part of the Land Use Code.    At that time, there was no Rural Land Use Advisory Board in place nor were the bylaws for the Board adopted.  The 35-acre Task Force was concerned that the desires for the makeup of the RLUAB would not be met unless something was written into the Rural Land Use Code.  However, after the RLUAB was appointed and bylaws adopted, the membership requirements were never removed from the Code and placed in the bylaws.  This does not allow the RLUAB to make changes to their Board without changing the Land Use Code.  All other Boards and Commissions membership requirements are listed in their bylaws.  Therefore, a request is being made to remove the membership requirements of the RLUAB from the Rural Land Use Code and place those requirements into the Bylaws.  Because this is a Land Use Code change, the request does need approval by the Larimer County Planning Commission and Board of County Commissioners.  Chair Grazier presented both requests at the Board of County Commissioners and Planning Commission work session; the only concern mentioned was the reasoning behind reducing the number of members in order to have a quorum. No other concerns arose.  Brenda requested a recommendation from this board  regarding the proposed Code Amendments to remove the membership requirements from the Land Use Code and place in the RLUAB bylaws.

Member Carlson moved to adopt the proposed changes to remove the membership requirements from the Larimer County Land Use Code and place into the Bylaws.  Member Mergler seconded the motion.  All were in favor.  Motion carried unanimously.

 

5.   Discussion and Recommendation for RLUAB Bylaw Changes.  Brenda gave a brief overview of the proposed changes to the Bylaws.  Since the bylaws are being updated to include the membership requirements, it seemed appropriate to also make other housekeeping changes so the bylaws are consistent with other items listed in the Land Use Code.  A copy of the proposed changes was sent out to the RLUAB for review.

 

Chair Grazier asked the board if they had concerns regarding changing the number of votes for any bylaw changes to be the majority vote instead of a two-thirds vote.  Chair Grazier also stated this change was recommended by the County Attorney and not her recommendation.  She stated that a recommendation for a higher percentage of approval for bylaws change is not uncommon.  Brenda stated the intent was to make it easier to make changes to the by-laws.  Member Wise stated you run the risk of one member on the board flipping the vote back and forth and leaving the requirement at the higher percentage would be more desirable.  Member Spencer stated that it takes a simple majority to change the by-laws, as it is written now.  Chair Grazier replied technically it takes a two thirds vote and part of the requested change is to make it a simple majority.  Member Wise and Vice-Chair Herston do not favor this change.  Member Carlson stated he does not foresee it being an issue either way, two thirds or simple majority. 

 

Vice-Chair Herston questioned the proposed change regarding the number of days notice given to the public on regular and special meetings from seven to ten days.  Brenda replied that changing our by-laws to ten days notice would be consistent with Section 5.8.5.c.8 of the Land Use Code. 

 

Member Wise made a request to also change the first paragraph to read “Amendments to these Bylaws may be recommended for adoption by the Board of County Commissioners by a majority of the Rural Land Use ADVISORY Board…”

 

MOTION:

 

Member Spencer made the motion to adopt the changes as outlined with the exception to section IX “Amendments to Bylaws” in which it would leave the vote to amend the Bylaws as a two thirds vote, and include the word “Advisory to the Rural Land Use Board.  Member Wise seconded the motion.

 

 

 

 

 

Roll Call Vote:

Alan Carlson

Yes

Bill Spencer

Yes

Debra Herston

Yes

Joe Wise

Yes

Kara Lamb

Absent

Kristin Grazier

Yes

Randy Mergler

Yes

Ryan Hostetler

Yes

 

Motion carried unanimously.

 

6.   Project Update: 

  • Silver Reef I - almost ready to submit final plat
  • Silver Reef II - on hold at the request of the owners
  • Possible new RLUP – In negotiation for possible new project located near Loveland.  Brenda inquired if the project is submitted, would the Board prefer to combine the site visit and the project introduction into one meeting time, as done in the past?    The Board stated they liked that idea.  She indicated she will let the board know more information when the project is submitted.

 

7.   Other Business:

An owner of one of the residual lots in the Cottonwood Farms RLUP (Vine and County Road 3) submitted an application requesting a detached accessory living unit/dwelling on his lot. The Larimer County Land Use Code allows detached accessory living units by right as long as the technical requirements are met (must be smaller in size than main house, maintain single-family character, can’t be rented or leased separately, etc).  The application did meet all the requirements of the Land Use Code but the request was denied by the Board of County Commissions.  The denial was based on the wording in the Development Agreement for the Cottonwood Farms RLUP that stated one single family residence is allowed on the residual lot and only agricultural accessory buildings.  This language would also prevent other single-family accessory uses such as garages unless specifically used for the agricultural operation.  Brenda stated that she is informing the Board of this because she believes there was no intent to limit the residual lots to the point of not being allowed to have accessory uses to the single-family residence as all other single-family residence lots are allowed in the County.  So, for future projects, you will likely see a little different language being presented that includes the accessory uses for single-family residences as part of the proposals,  such as “Residual lot will have one single family residence and all accessory uses allowed by Land Use Code”.  Director Gilbert stated the advantage of adding this new language will prevent the argument that accessory uses are not allowed  on the residual lots.

 

Member Mergler moved to adjourn.  Motion seconded by Member Hostetler.

 

Meeting adjourned at 5:56 p.m.

 

 

      _______________________                     ____________________________         Chair Kristin Grazier                                       Vice-Chair Debra Herston