PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 22, 1999

CONTINUATION OF DISCUSSION OF LAND USE CODE

(#441 & #442)

The Board of County Commissioners reconvened at 6:30 p.m. to consider adoption of the Land Use Code for the Partnership Land Use System. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Larry Timm, Director of Planning; Al Kadera, Planner II; Jeannine Haag, Assistant County Attorney; Marc Engemoen, Director of Public Works; Jill Bennett, Senior Planner; Sean Wheeler, Planner I; Rex Burns, Project Engineer; and Doug Ryan, Environmental Planner. Recording Clerk, Gael Cookman.

Approval of the Land Use Code Minutes from February 8, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Land Use Code Minutes of February 8, 1999.

Motion carried 3-0.

Section 8.9 - Irrigation Facilities

Chair Olson explained that the Board has reviewed the entire code and they will now be discussing "leftover" items from prior meetings, and those items that have been rewritten for clarity; she then asked Mr. Timm and Ms. Haag to begin with Section 8.9 pertaining to Irrigation. Ms. Haag explained the revisions that she and Mr. Kadera had worked on regarding Section 8.9. The Board were in agreement with the proposed changes to Section 8.9.3.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes to Section 8.9.3 as follows: "8.9.3 General - Easements of existing irrigation facilities, including adequate easements for maintenance access, shall be dedicated and shown on all final plats and final site plans approved pursuant to this Land Use Code. Applications for development proposals will be referred to appropriate ditch companies for review and comment. It is the responsibility of the ditch companies to respond within 21 days from the date the materials are sent to them."

Motion carried 3-0.

Section 8.9.4 - Review Criteria

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following changes to Section 8.9.4 as follows: 8.9.4 B: "Written approval of the ditch owner or its representative shall be obtained for any proposed modifications of any irrigation facilities, including, but not limited to, realignments, changes or configurations (i.e. from an earthen to a line ditch, from an open ditch to underground, etc.) or crossings." 8.9.4 C: "The time schedule for any modifications approved pursuant to subsection (B) above or other activities which may disrupt the flow of water shall be referred to the ditch owner for review and comment. The County Commissioners will require, by condition of approval, that such modifications be made or such activities by conducted when the disruption of the water flow will be minimized." 8.9.4 D: "Ditch easements will extend the length of the ditch through the site. The minimum width of the easement will be the area between the ditch banks plus the following: 1) For ditches having an average bottom width of less than 8 feet, the easement will be 25 feet measured from the top of the ditch on one side of the ditch; 2) For ditches having an average bottom width of 8 feet or more, the easement will be 30 feet measured from the top of the ditch on both sides of the ditch. The ditch owner will be entitled to additional easement width where the ditch owner demonstrates: 1) Terrain or other circumstances (such as existing maintenance roads on both sides of a ditch) necessitate a wider easement or additional easements to operate, repair and maintain the ditches; and/or 2) An entitlement to a wider easement bylaw or based on historical use or an agreement between the landowner and the ditch owner." 8.9.4 E: "Prior to dedication of any easement or right-of-way for irrigation facilities the applicant shall provide a proper abstract of title or a proper commitment for title insurance in form, amount and insurance company acceptable to the ditch owner." 8.9.4 F: "The applicant shall be responsible for any and all reasonable costs for engineering, surveying and legal services incurred on behalf of a ditch owner as the result of a development proposal. The costs incurred on behalf of a ditch owner shall be paid in full before any public hearing is scheduled for the development proposal." 8.9.4 G: "Unless approved in writing by the County Engineer and the ditch owner, irrigation ditches shall not be used to carry drainage surface waster flows and stormwater runoff, except to the extent that the ditch received such water prior to the development. Such water can only be discharged into the ditch in the same volumes, at the same rate of flow, at the same location or locations and within the same time frames as historically occurred. Unless the ditch owner agrees otherwise, in writing, the development must be designed and constructed so that the ditch receives such water in this manner free from the addition of any pollutant but does not receive additional water." 8.9.4 H: "When the County Commissioners determine that unreasonable, unnecessary or extraordinary requirements are proposed by a ditch owner, the Board may approve only those requirements which the Board deems appropriate to protect the irrigation facilities."

Motion carried 3-0.

Section 8.5 - Landscaping

M O T I O N

Commissioner Disney moved that the Board of County Commissioners revise the order of Section 8.5.2 - Applicability, and bold some of the key notes to this section.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the rewrite of Section 8.5, Landscaping, as follows:

8.5.1 Purpose

A. To mitigate the impacts of adjacent incompatible uses;

B. To better the environment by;

1. promoting the conservation of water;

2. providing shade;

3. providing air purification;

4. providing wildlife habitat;

5. addressing wildfire safety requirements;

6. providing erosion and stormwater runoff control;

7. providing control of noxious weeds as well as invasive and/or exotic plants;

8. ensuring the use of native or hardy plants; and

9. preserving of existing trees and vegetation;

C. To provide an attractive appearance in areas of public use or view;

D. To improve natural and recreational areas;

E. To reduce views around areas occupied by trash containers, storage areas, mechanical

equipment and similar items visible from any public roads, sidewalks or open space.

G. To enhance the quality and appearance of new or existing development in Larimer County

8.5.2 Applicability:

A. THE STANDARDS CONTAINED IN THIS SECTION SHALL NOT APPLY TO ONE (1) AND TWO (2) FAMILY RESIDENTIAL LOTS.

B. In addition to the mandatory standards contained in this section, Larimer County has prepared a "Landscape Guide" with suggestions, ideas and guidelines on preferred and alternative landscape design approaches for use in conjunction with the provisions of this section.

C. The standards of this section shall apply to all applications for Subdivision, Planned

Development, Conservation Development, Special Review; Special Exception and Site Plan Review.

8.5.3 Landscaped Areas:

A. The following types of landscaped areas are required in Larimer County:

1. Buffer and screen landscaping;

2. Streetscape landscaping;

3. Parking lot landscaping;

4. Sales lot landscaping; and

5. Commercial, industrial and multi-family residential building perimeter landscaping.

B. No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping plan:

1. such plan has been fully implemented on the site and inspected by Staff; or

2. if such plan cannot be implemented immediately because of seasonal conditions, it shall be guaranteed by an improvement agreement (or included in an approved development agreement) in a form agreeable to the County. This agreement shall be secured by a letter of credit, cash escrow, or other instrument acceptable to the County, in an amount equal to at least 115% of the cost of materials and labor for all elements of the landscape plan.

8.5.4 Buffer and Screen Landscaping

A. Buffer & Screen Defined;

1. Buffer: A designated landscaped area that serves to visually cushion adjacent structures or uses with plant materials, fencing, walls, landforms or a combination of these to provide a visual and physical separation. A buffer creates a year-round, semi-opaque barrier; a filtered view between uses is still possible.

2. Screen: A designated landscaped area that serves to visually shield or obscure adjacent structures or uses by fencing, walls, berms or densely planted vegetation. screen creates a year-round, completely opaque, visual and physical separation between uses.

B. Buffering Applicability

Buffering shall be required of new development to effectively achieve visual compatibility with adjacent properties or uses. Buffering may also be required to lessen other negative impacts of new development such as noise. Existing land uses may be required to provide buffering if the use is changed, expanded, enlarged or in any way increases impacts on adjacent properties or rights-of-way, over what is present at the time this section is adopted. The expanded or changed land use shall evidence what the uses and impacts were at the time of adoption of this section.

1. Examples of situations when buffering is required are as follows:

a. When the arrangement of uses, design of buildings, or other characteristics of the new development do not adequately mitigate visual compatibility issues or lessen other negative impacts reasonably anticipated to arise.

b. By new development that occurs adjacent to existing legal land uses of a similar but lower intensity or a similar but lower residential density.

c. By new development that occurs adjacent to vacant land where the vacant land has a less intense but similar zoning classification.

d. Around the perimeter of mineral extraction operations (This applies only to the actual mineral extraction areas, not to any associated processing, parking or equipment storage areas). When a mineral extraction operation is completed in phases, all phases shall be landscaped during the initial phase.

e. Around that portion of the perimeter of developed areas adjacent to a county road, state or federal highway, or a railroad.

f. By new multi-family and single-family residential development when the adjacent legal use is an existing non-residential use that has not previously provided buffering.

2. The Planning Director, or the Board of County Commissioners upon appeal, may determine that buffering shall be required in additional situations or that the buffering requirement may be waived in any situation listed above.

C. Buffering Standards

All areas designated for buffering shall comply with the Buffering Standards found in Section 8.5.9.A..


D. Screening Applicability

Screening shall be required of new development when buffering techniques will not be sufficient to effectively achieve visual compatibility with adjacent properties or uses, or when buffering will not be sufficient to lessen the negative impacts of other aspects of new development such as, but not limited to, noise. Existing land uses may be required to provide screening if the use is changed, expanded, enlarged or in any way increases the impacts on adjacent properties or rights-of-way over what is present at the time this section is adopted. It shall be the responsibility of the expanded or changed land use to evidence what the uses and impacts were at the time of adoption of this section.

1. Examples of situations when screening is required are as follows:

a. When the arrangement of uses, design of buildings, or other characteristics of the new development do not adequately mitigate visual compatibility issues or lessen other negative impacts reasonably anticipated to arise.

b. By new development that occurs next to vacant land that has a less intensive zoning classification.

c. By new development that has a significantly higher intensity than existing adjacent legal uses.

d. By new non-residential development that occurs adjacent to vacant land which allows residential uses.

e. By new residential development that will have double frontage lots with one side against an arterial road.

f. Around areas occupied by trash containers, storage areas, mechanical equipment and similar items where such areas are adjacent to properties with a less intense zoning classification or are visible from any public roads, sidewalks or open space.

g. Around the equipment used for processing minerals at a mineral extraction operation. Stockpiles without plantings may be used as screening in this situation if the location of the stockpiles provides the required screening.

h. By new multi-family and single-family residential development when the adjacent use is an existing legal non-residential use that has not previously provided screening.

2. The Planning Director or the Board of County Commissioners upon appeal, may determine that screening shall be required in additional situations or that the screening requirement may be waived in any situation listed above.

E. Screening Standards:

All areas designated for screening shall comply with the Screening Standards found in Section 8.5.9.B..

8.5.5 Streetscape Landscaping

A. The following types of development shall provide landscaping in the areas on their site adjoining public streets and sidewalks;

1. All non-residential developments.

2. All multi-family residential developments.

3. All single-family/duplex residential developments located in Growth Management Areas.

B. Street Landscaping Standards are found in Section 8.5.9.C..

8.5.6 Parking Lot Landscaping

A. Parking lot landscaping standards are found in Sections 8.5.9.D through F..

B. Parking lots with ten (10) or more parking spaces shall comply with parking lot interior landscaping standards per section 8.5.9.E.. The landscaped area used to fulfill the parking lot perimeter landscaping standards cannot be used to satisfy the interior parking lot landscaping standards.

8.5.7 Sales Lot Landscaping

A. Sales lot areas shall comply with the standards found in Sections 8.5.9.A. through B.

(Buffering and Screening) and 8.5.9.D. through F. (Parking Lots) except as follows:

1. Interior Sales Lots: Interior sales lots where vehicles or manufactured homes are parked for sale or customer inspection are exempt from the landscape island provisions of the interior parking lot standards found in Section 8.5.9.E..

2. Display Pads: Vehicles and other allowed merchandise may be exhibited at the

perimeter of the sales lot on a paved display pad located between perimeter landscaped areas. The pad shall be no larger then 400 square feet and accommodate no more then one vehicle. Manufactured homes shall not be displayed on pads.

3. Chain link or similar security style fencing may be used to secure the sales lot only on sides adjacent to property not zoned or used for residential purposes, and not adjacent to public roads, sidewalks or open space.

4. Areas used for maintenance, the parking of vehicles before or after servicing or waste storage and removal shall be landscaped to provide buffering or screening as contained in Sections 8.5.4. and 8.5.9 A. through B.

B. Buildings in sales lots shall provide perimeter landscaping per Section 8.5.9.G..

8.5.8. Commercial, Industrial and Multi-family Residential Building Perimeter Landscaping

Landscaping shall be placed around all commercial, industrial and multi-family residential building perimeters per Section 8.5.9.G..

8.5.9. Landscape Design Standards

All landscaped areas developed under this code shall comply with the following minimum standards:

A. Buffering Standards

1. The quantity, quality, size, location and choice of landscape materials shall be such that at least 33% of the buffering effect will be achieved within three years from the start of development.

2. The height, width, density and materials used for the buffer shall be as necessary to achieve the required buffering effect, without the buffer itself becoming incompatible with adjacent properties or uses.

3. Where buffering materials consist of plantings, the placement of such plantings shall be sufficient to allow for proper plant growth.

B. Screening Standards

1. The quantity, quality, size, location and choice of landscape materials shall be such that at least 33% of the screening effect will be achieved within three years from the start of development.

2. The height, width, density, and materials used for the screen shall be as necessary to achieve the required screening effect without the screen itself becoming incompatible with adjacent properties or uses.

3. Where screening materials consist of plantings, the placement of such plantings shall be sufficient to allow for proper plant growth.

4. Multi-family and non-residential areas shall be landscaped in such a way that tree crowns cover at least 50% of the landscaped area at maturity, and shrubs cover at least 50% of the landscaped area at maturity.

C. Streetscape Design Standards

1. Wherever the sidewalk is separated from the curb or the edge of the street with a landscaped section, shade trees shall be planted at a spacing of 25 - 40 feet on center and shall be located in the center of all such areas. Trees shall be at least 25 feet from street intersections, at least 10 feet from fire hydrants, utility poles, drives and alleys, and at least 40 feet from streetlights.

2. If the sidewalk is attached to the street then shade trees shall be planted in an area 3 - 7 feet behind the sidewalk, at a spacing of 25 - 40 feet on center. If the sidewalk is greater than 10 feet wide, cutouts in the sidewalk may be used. Sidewalk cutouts for tree plantings shall be designed with tree grates to provide adequate water penetration. Tree grates may be of varying shapes but shall cover an area at least twenty-five feet square. Tree grates shall be constructed of decorative iron, structural plastic or like materials. The space under tree grates shall be filled with course gravel or a similar material. Wooden mulch or other organic materials shall not be used under tree grates. Tree grates shall be set flush with the sidewalk and maintained at an level even with the sidewalk. Tree grates shall be replaced when necessary to accommodate the larger trunk diameter.

3. For subdivisions where sidewalks are not planned, shade trees shall be planted at a spacing of 25 - 40 feet on center, in areas designed to present a natural appearance. The use of informal trails utilizing pervious or impervious materials may be required depending on the anticipated level of use at the site.

4. Landscaped areas along streets shall be at least five (5) feet wide and run the length of the street with provisions made for driveways and other access points. Larger widths may be required in areas along arterial streets, collector streets and major roads.

5. Areas visible from the road should also include an understory of shrubs, groundcovers, rock features, sculptures etc. to provide visual interest and individual identity.

D. Parking Lot Perimeter Design Standards

1. At least seventy-five percent (75%) of the length of any boundary of a parking lot that abuts a public road or a residential use shall be buffered or screened per Section 8.5.4.. Reductions in this percentage may be allowed by the County Engineer to provide for compliance with sight triangle standards.

2. Perimeter screening or buffering shall achieve a minimum height of four (4) feet above the parking lot surface within three (3) years from the time of planting. Where walls or fences are used for the perimeter screen, a minimum of one evergreen tree or three shrubs are required every 40 feet of wall or fence on the side of the structure which can be seen from surrounding public roads, sidewalks or openspace.

E. Parking Lot Interior Design Standards

1. Landscaped islands of at least 9' by 19' shall be provided for every 10 parking spaces.

2. Landscaped islands shall include a minimum of one canopy tree, a ground cover, an automated sprinkler, and raised concrete curbs.

3. Islands shall be arranged to maximize shading of parking spaces.

4. Plantings shall be arranged so as not to interfere with driver vision or with vehicle and pedestrian circulation.

5. Where mulch is used in the islands, the interior level of the island shall be constructed lower than the required curb in order to better retain the mulch and water. If turf is planned, a lower interior level is neither required nor recommended.

F. Parking Lot Shading Standards

1. Parking areas adjacent to the public street shall contain one shade tree every 25 - 40 feet on center along the lot line.

2. Parking areas that abut side or rear lot lines, shall contain one shade or ornamental tree per 40 lineal feet of parking area along the lot line.

G. Commercial, Industrial and Multi-Family Residential Building Perimeter Landscaping Standards

Landscaping shall be placed around all commercial, industrial and multi-family residential buildings (excluding barns and similar agricultural buildings) according to the following standards:

1. The required landscaping shall include plantings designed to visually integrate the structure with the site. This landscaping shall be in addition to any parking lot landscaping or street landscaping required by this section.

2. Planting beds shall be at least five feet wide. Actual width shall be determined by the quantity and choice of plant materials.

3. More than 50% of the length of the facade which is visible from public streets, sidewalks and open space areas shall have planting beds along it.

4. At least one tree and five shrubs is required for every 500 square feet of landscaped area.

5. Trees shall be no closer than seven (7) feet from any structure and shall be installed with at least 55 square feet of non-paved area around the trunk.

6. Exposed foundations not screened by landscaping shall be painted, finished with a decorative veneer or use some other method to hide the exposed foundation.

H. General Design Standards

1. All landscaping plans shall utilize native, adaptive and drought tolerant plant materials appropriate for their USDA designated hardiness zone. Invasive and exotic plants shall not be used.

2. All landscape plans shall have sufficient water available for irrigation required to maintain the health of proposed plants.

3. All landscaping plans should incorporate healthy, existing trees and shrubs wherever possible. These trees and shrubs shall be shown on the landscape plan and labeled as "existing". They shall also be listed on the plant list with their current size shown. When existing trees and shrubs are designated for removal, a written explanation for the removal shall be submitted with the landscape plan.

4. All landscape designs shall take into consideration the buffering or screening provided by existing trees, shrubs and topography.

5. All required landscaping shall be located outside of any adjacent right-of-way unless a written waiver is received from the County Engineer.

6. All required landscaping shall be located on the property it serves. Elements such as plants, walls, fences buffering and screening located on adjacent properties do not count toward the landscaping requirements.

7. All plant materials shall meet the American Association of Nurserymen specifications for Number 1 grade and shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26, as amended.

8. All planting beds shall contain a combination of organic and inorganic landscape

materials. Living materials shall comprise no less than 50% of the required planting beds.

9. Turf Areas: Turf areas shall utilize a sod or seed mix specifically cultivated to thrive in the conditions present at the particular site. The applicant shall provide information regarding the composition of a sod or seed mix as part of the detailed plant list required to be submitted in the Technical Supplement to this Code.

10. Plant Species Mix Standards

Landscaping plans shall utilize the species mix shown here to reduce disease susceptibility and the potential demise of a large portion of a plant materials at one time.

Number of Trees
Maximum % Any Species
10 - 19
50%
20 - 39
33%
40 - 59
25%
60+
15%

11. Plant Sizes

a. At the time of installation, plants shall be no smaller than the following:

Large or Shade Trees:2 inch caliper 75%
3 inch caliper25%
Small or Ornamental Trees:1½ inch caliper 75%
2 ½ inch caliper 25%
Evergreen Trees:6 feet tall 75%
8 feet tall25%
Shrubs:5 gallon
Vines or Ground Covers:1 gallon

b. Additional Requirements: The Board of County Commissioners may require larger minimum plant sizes to meet special buffering or screening needs. Applicants shall consider individual species growth rates and mature form when choosing plants. Additional tree plantings not required by this regulation are exempt from the minimum size requirements but shall be shown on the landscape plan.

13. Landscaping Arrangement and Location

a. Where the regulation specifically states that plant materials shall be planted a particular distance apart "on-center" then such spacing is mandatory.

b. Plants which exceed six inches in height shall not be planted within three feet of a fire hydrant.

c. Plants shall be grouped in strategic areas and not spread thinly around the site.

d. Trees shall be planted to allow for maximum growth in height and shape without the need for pruning in excess of that required to maintain the health of the plant.

e. Where overhead lines and fixtures prevent shade tree maturity, ornamental trees shall be used but shall be located at least 15 feet from any street light. Trees shall not be planted directly under overhead power lines or in such a way that mature growth comes within 10' of any overhead power line.

f. Trees shall not be planted within four feet of any underground natural gas line or

underground electric utility line. This distance is measured from the bottom of the tree to the point on the ground directly above the utility line.

15. Sight Triangles

Whenever property adjoins an intersection of streets, a street and alley, or a street and

driveway then no plant materials, structure or sign higher than 30 inches above the top of the curb shall be located within the sight distance triangle on any corner of the property adjoining the intersection. The County Engineer shall determine sight triangle locations.

16. Fences and Walls

All fences and walls shall comply with the standards found in Section 8.10.3. Fences and walls that are part of a required buffering and screening shall comply with the following additional standards;

a. Fences or walls intended to provide complete opacity required for screening shall be no less than six feet in height. Fences or walls less then six feet in height may be used in conjunction with berming to achieve the required six foot height requirement. Fences and walls shall be landscaped with plant materials on the outer side. Note: A building permit is required for fences or walls over 6' in height.

b. Fencing or walls used as a screen shall have no gaps. Where spacing may be necessary to prevent wind damage, gaps may be allowed only if evergreen trees or shrubs are planted and maintained to conceal the view through the gaps.

c. Fences where the vertical boards are on alternate sides of the horizontal rail are allowed where complete opacity is required only if the design will provide complete opacity.

d. Where required fence or wall continues for more than 40 feet, a minimum of one evergreen tree or three shrubs shall be planted on the outer or public side of the fence. Similar plantings are required for each additional 40 feet of fence or wall.

e. Required fences and walls adjacent to a county road or state highway shall have a unifying theme and provide variation by using changes in height, different material combinations, off-set angles, articulation and/or plant materials.

f. Required fences and walls shall be constructed of wood, stone, brick, decorative concrete block, wrought iron, products created to closely resemble these materials or combination of these.

g. Chain link fencing, with or without slats, shall not be used for screening or buffering.

17. Lighting

Lighting used in the landscape plan shall comply with the provisions of Section 8.10.2.

18. Water Features

Due to the semi-arid climate, landscape plans which incorporate water features such as fountains, waterfalls and ponds and/or existing natural water features shall comply with the following standards:

a. The water used shall be recycled through the feature.

b. The feature shall be designed to prevent leakage.

c. Permanent provisions for maintenance of the feature shall be explained in a narrative that accompanies the landscape plan, and shall be established when development commences.

d. Evidence of the right to use the water for this purpose shall be required when the water will be obtained from irrigation water or from a well.

e. The feature shall be of a scale and design that is compatible with its surroundings.

19. Wildfire Prevention

Sections of Larimer County located in designated Wildfire Hazard Areas, or areas at risk for wildfire hazard, require special landscaping and protective covenant language. Wildfire prevention requirements apply to all new developments located in hazard areas, based on the "Wildfire Hazard Mitigation Requirements for New Construction" contained in Chapter 36 of the Amended 1997 Uniform Building Code.

I. General Technical Standards

1. All plant materials shall be kept in a healthy condition. Dead plants shall be removed and replaced as necessary. Diseased, insect or parasite infested plants that cannot be effectively treated to prevent premature death or the infestation of other plants, shall be removed and replaced, during the growing season in which the plant material exhibits at least one of the above conditions. Staff may grant an extension and may require adequate fiscal assurance from the applicant to assure replacement.

2. Restoration and Re-vegetation of Disturbed Areas:

All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a substantial mix of native, adaptive and drought tolerant grasses and ground covers. The density of the re-established vegetation shall be adequate to prevent soil erosion and invasion of weeds after one growing season.

3. All landscaping plans shall comply with submittal requirements contained in the Technical Supplement to this code.

4. All plant materials shall be installed in the best possible manner to insure their continued viability. Shrub and flower beds shall be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds.

5. All landscaping plans shall require the protection of existing trees that are to remain in the final plan. Construction materials and debris shall be stockpiled outside the drip line of all trees and shrubs being retained. This protection area shall be clearly marked with temporary fencing or other similar material.

6. All newly installed landscapes shall include a properly functioning automated sprinkler and/or drip irrigation system, with individual zones for non-turf areas. The system must provide for the sufficient watering of each zone based on the specific needs of that individual zone. The system shall also include moisture detection devices to prevent its operation during rainy periods. A functional irrigation system is required for final approval of installed landscaping and release of associated collateral.

8.5.10 Definitions:

1. Annual: A plant which, under typical conditions, lives for only one year. (See Perennial)

2. Buffer: A designated landscaped area that serves to visually cushion one abutting or nearby structure or use from another by plant materials, fencing, walls, land forms or a combination of these to provide a visual and physical separation between uses. A buffer creates a year-round, semi-opaque barrier; a filtered view between uses is still possible.

3. Caliper: The diameter of a tree measured six inches above the ground if up to a four inch caliper. For a larger caliper, the measurement is made twelve inches above the ground.

4. Compatible: Having harmony in design, appearance and function or use. Uses that are similar in intensity, traffic generation, parking needs, noise or odor generation, and which are well suited to operating in close proximity to each other with minimal conflict. Some conflicting uses can become compatible through buffering, screening or other measures.

5. Coniferous: Trees and shrubs which generally have needles rather than leaves, bear cones, and typically remain green throughout the year. (See Deciduous)

6. Deciduous: Trees and shrubs which loose their leaves at the end of each growing season and develop new ones the following season. (See Coniferous)

7. Defensible Space: A natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur. See Chapter 36, 1997 UBC Amended "Wildfire Hazard Mitigation Requirements for New Construction"

8. Drip Line: An area around the tree trunk that generally includes the spread of the tree branches. Also that area around a structure that is beneath the roof overhang.

9. Ground Cover: Low growing plant materials intended to spread over the ground. Also includes mulches used to fill in around plantings and grass.

10. Landscape Area: Landscape area is that part of the property exclusively set aside for living plant materials and associated non-living ornamental materials such as mulch, fencing, walls or decorative pavers.

11. Mature Crown: The width of the area occupied by the branches of a healthy, full grown tree that has not been pruned and has been grown in a constructed landscape below 6,000 feet elevation.

12. Mulch: Non-living material used for covering bare ground between plant materials in a landscaped area to retain water, prevent erosion, lessen weeds and generally make a healthier, aesthetic environment for the plant materials. Mulch is composed of loose, non-living materials including wood chips, bark chips and rocks intended for landscape use.

13. On-Center: A landscaping term that refers to spacing of plant materials by locating the trunk, or center of the plant, a specified distance from the center of the next plant. The term is customarily used when plants will be spaced equidistant from each other.

14. Opaque: Unable to see through. A level of screening that prevents all views through and can only be accomplished by incorporating a wall, fence, berm or other solid material into the landscape. (See Semi-Opaque)

15. Ornamental Tree: A small deciduous tree which will be no more than 30 feet tall at

maturity with no more than a 30 foot wide mature crown. (see Shade Tree)

16. Parking Lot: An area intended for short term occupation by vehicles of employees,

customers, residents and visitors. The term parking lot does not refer to the vehicle display areas of automobile, recreational vehicle, manufactured home, and similar sales lots. (See Sales Lot) Such facilities will, however, also have parking lots in addition to their sales areas.

17. Parkway: An area of grass or other living landscape material between the road and the sidewalk. May be in the right of way.

18. Perennial: A plant which, under typical condition, will live for a minimum of three years.

19. Public: Any person who may reside, do business in or travel through Larimer County. For the purposes of the landscaping section, "public" view shall mean any area visible by any person on adjacent property or adjacent rights-of-way.

20. Sales Lot: The area where a seller of vehicles, boats, farm machinery, mobile homes or similar items parks such items for storage, display and sale as part of the sales operation.

21. Screen: A designated landscaped area that serves to visually shield or obscure an

abutting or nearby structure or use from another by fencing, walls, land forms, or densely planted vegetation. A screen creates a year-round, completely opaque, visual and physical separation.

22. Semi-Opaque: Severely limited vision through. A level of buffering that can be created without a wall or fence, by the planting of trees or shrubs in multiple rows or with reduced spacing between plants. (See Opaque)

23. Shade Tree: A large deciduous tree which will be no less than 30 feet tall when mature, with no less than a 30 foot wide mature crown. (see Ornamental Tree)

24. Supplemental Irrigation: Water provided to plant materials in excess of natural rainfall. It is required for the first two growing seasons for newly transplanted landscapes.

25 Transition: Using landscaping to smooth and screen the change from one type of land use to another.

25. Xeriscape: Landscaping concept that requires less water on vegetation that is suited to soils and climate. It is derived from the Greek word Xeros, meaning dry.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes to Section 5.1, Subdivisions: 5.1.1 - Purpose: "A Subdivision is intended to provide the process for creating parcels where a Conservation Development or Planned Development is not required." 5.1.2 - Applicability: "The Subdivision process shall be used to subdivide and develop legal lots of less than 30 acres. The Subdivision process may also be used to subdivide and develop parcels which have been granted an exception from the Conservation Development requirements and to divide parcels outside the Growth Management Areas that are not zoned for residential uses." 5.1.3 - Review Criteria: "To approve a Subdivision the County Commissioners must find that all of the following conditions exist: A) The proposed Subdivision will comply with all applicable provisions of the Master Plan; B) The proposed Subdivision will be compatible with existing and permitted land uses in the surrounding area; C) The proposed Subdivision will comply with all standards and technical requirements of this Land Use Code and with all other applicable federal, state, and County laws and regulations; D) The proposed Subdivision will comply with the requirements of Section 8 of this Land Use Code; and E) The proposed Subdivision will not adversely affect special places of Larimer County." 5.1.4 - Process: "Any application for a Subdivision shall be subject to a Pre-application Conference, Concept Review (or Optional Sketch Plan Review), (see Section 12.2), Neighborhood Meeting, Preliminary Plat Review and Final Plat Review (see Section 5.14). Subdivisions that will be completed in more than one phase will be subject to a General Development Plan and the applicant may choose to submit an application for General Development Plan Review for a single phase Subdivision (see Section 12.2). An applicant for a Subdivision with 6 or fewer lots may submit the Preliminary Plat and Final Plat applications for review by the County Commissioners at one hearing. The applicant should be aware that any changes to the Preliminary Plat required by the County Commissioners could affect the Final Plat application and consideration of the final Plat could be delayed until the required changes are made."

Motion carried 3-0.

Section 5.8.3 - Special Places

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners amend the definition of Special Places to read: "Critical areas in Larimer County to be preserved and protected by designating and recognizing distinctions in the land such as agricultural land, open lands, regional preserves, parks and trails, as well as distinct landscapes, ridge lines, view corridors, historic and archeological sites, and those sites and structures listed on the State and National Register of Historic Places and identified in the Larimer County Parks Master Plan." This review criteria will be included in the Rezoning Section as well.

Motion carried 3-0.

Section 6.0 - Site Plan Review

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of Subsection 6.3 to Section 6.0, Site Plan Review: "6.3 - Guarantee of Landscaping Improvements. Any applicant for Site Plan Review must provide a written guarantee that the property owner will replace any required landscaping that is damaged or dies during the first two growing seasons. Replacement will be consistent with the approved landscaping plan and will occur no later than the next growing season."

Motion carried 2-1. Commissioner Rennels Dissenting.

Some discussion following regarding Wetland and Wildlife Mapping; Mr. Kadera wanted to clarify that the Wetland Maps are to be used as a indicator of possible wetlands; he also noted that the Wetland Maps will be referenced in the Code but listed in the Technical Supplement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners change the definition of Stream, Creek and River to read: "Stream, Creek and River: Any water course having a source and terminus, banks and channel through which water flows and is identified on a 7.5 minute quadrangle map prepared by the United States Geological Survey as a perennial or intermittent stream."

Motion carried 3-0.

Section 4.3.10 - Accessory Uses and Structures

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners add subsection H to Section 4.3.10 to read: "When an applicant applies for a building permit for a garage, if it is not a structure that is permitted by right in the zone, then a condition will be placed on the building permit that will require the applicant to apply for the permit to build the piece that is by right in the zone within two years."

Motion carried 3-0.




M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this Land Use Hearing on Monday, March 1, 1999 at 6:30 p.m. in the Commissioners Hearing Room of the Larimer County Courthouse, 200 W. Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 9:00 p.m.

_______________________________________

CHERYL OLSON, CHAIR, LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Gael M. Cookman