Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Wednesday, September 29, 1999

 

PUBLIC HEARING REGARDING

THE PROPOSED LAND USE CODE

(#526 & 527)

The Board of County Commissioners met at 2:00 p.m. with Larry Timm, Director of Planning, for a Public Hearing regarding the proposed Land Use Code. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Al Kadera, Planner II; Marc Engemoen, Director Public Works; Mark Peterson, County Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the first item would be to approve the Minutes from the September 13 and 15, 1999 Proposed Land Use Code meetings.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes from the September 13 and 15, 1999 Proposed Land Use Code meetings.

Motion carried 3-0.

Chair Olson then explained that they would move to the discussion items beginning on page 7 of the Staff Report dated September 29, 1999.

4.2.2.H - FLOOD PLAIN OVERLAY ZONE DISTRICTS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following change: Subsections 4.2.2.H.2.d and 4.2.2.J.2 Add "Non-conforming structure(s)" after the words "non-conforming uses(s)". In 4.2.2.H.2d delete "of property" after the above addition.

Motion carried 3-0.

4.3.1.F - FEED YARD

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following change: Page 4-58, Subsection 4.3.1.F Feed Yard. The definition of this term is changed to read, "A confined enclosure for the feeding and fattening of livestock where the average number of livestock exceeds 10 animals per acre of feed yard and where less than 50% of the roughage type feed is raised on the same farm premises." This change also affects the definition on Page Definitions -7.

Motion carried 3-0.

4.3.1.N -AGRICULTURAL USES

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following change: Subsection 4.3.1.N Add "A facility where locally raised farm products are to be prepared for shipping, excluding meat packing and canning operations."

Motion carried 3-0.

4.3.10.E -ACCESSORY USES AND STRUCTURES & 4.3.9 TEMPORARY USES

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the recommendation of the Planning Commission with regard to recreational vehicles.

Motion carried 3-0.

4.8.9.A - EXTENSION, EXPANSION, OR CHANGE IN CHARACTER

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the recommendation to delete "(except Subsections 8.9.4 and 8.9.5)" from the wording in 4.8.9.A.

Motion carried 3-0.

 

 

 

 

5.3.1 - CONSERVATION DEVELOPMENT

M O T I O N

Commissioner Disney moved that the Board of County Commissioners concur with the Planning Commission recommendation to deny the alternate wording of 5.3.1.A.

Motion carried 3-0.

5.3.2.H - GENERAL PROVISIONS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to section 5.3.2.H: Replace "Planning Director" with "County Commissioners". And to allow applicants three years for exceptions from the Conservation Development requirements.

Motion carried 3-0.

5.3.2.H.6 - GENERAL PROVISIONS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes: Add "M-Multiple Family" and not include E-1 zoning. Delete 5.3.2.H.6 and replace it with 5.3.2.I to read, "Parcels that have public water and sewer service, are zoned R-Residential, R-1 Residential, R-2 Residential, M-Multiple Family or M-1 Multiple Family and are located outside Growth Management Areas may be developed through the Subdivision Process described in Section 5.1 (Subdivision)." Also, a related amendment needs to occur on Page 5-1 in Subsection 5.1.2 - Applicability by adding "those parcels which comply with the requirements of Subsection 5.3.2.I."

Motion carried 3-0.

5.3.6.A.5 - RESIDUAL LAND DESIGN

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following change: Subsection 5.3.6.A.5 is changed to read, "...where it is clearly not feasible to connect to sewer and where on-site septic systems are proposed for individual lots, are required to provide a minimum of 50% of the total developable land area as residual land."

Motion carried 3-0.

5.8 - RURAL LAND USE PROCESS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners will continue to have discussions with the Rural Land Use Board and the Rural Land Use Center Director regarding appropriate changes to the Rural Land Use Code.

Motion carried 3-0.

8.0 - STANDARDS FOR ALL DEVELOPMENT

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following change to Section 8.0 - Add, "C. Building permits for single family and duplex dwellings must comply with Subsections 8.9.4, 8.9.5, and 8.9.9. Subsection 8.9.6 may be applied to these permits at the discretion of the Planning Director. All other Subsections in Section 8.0 do not apply to building permits for single family or duplex dwellings."

Motion carried 3-0.

8.1.1 & 8.1.2 - SEWAGE DISPOSAL LEVEL OF SERVICE STANDARDS & DOMESTIC WATER LEVEL OF SERVICE STANDARS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the changes to 8.1.1 - Sewage Disposal Level of Service Standards, and 8.1.2 - Domestic Water Level of Service Standards as follows:

8.1.1.B New development must comply with one of the following criteria:

1. Public Central Wastewater Systems. The development will be served by a sanitation district or municipal sewer system and comply with the following requirements:

a. The sewer collection and treatment system is designed to comply with the Per Capita Flow Requirements in Section 1.3.1.C.4 of the ``Design Criteria Considered in the Review of Wastewater Treatment Facilities'' of the Colorado Department of Public Health and Environment-Water Quality Control Commission; or more stringent standards as may be required by the district or municipality;

b. The sewage treatment works complies with the applicable Colorado Wastewater Discharge Permit System Permit;

c. Capacity for the collection and treatment works will be available at the time of issuance of a building permit; and

d. A report detailing compliance with Items A-C is submitted in accordance with Subsection 8.1.1.C (Submittal Requirements).

2. On-Site Sewage Treatment Systems. The development will be served by on-site sewage treatment systems and complies with all the following requirements:

a. The development is not located within a Growth Management Area;

b. All proposed lots are at least 87,200 square feet (2 acres);

c. An analysis comparing the feasibility to extend and connect to public central sewer with the feasibility to design and construct on-site alternatives, is submitted for development sites within an existing or proposed sewer service area as defined in the North Front Range Water Quality Planning Association's Water Quality Management Plan. New developments may use on-site sewer systems only when it is clearly not feasible to connect to central public sewer;

d. An inventory and analysis of site conditions relevant to the use of on-site sewer systems is submitted to support their use. Relevant site conditions include but are not limited to soils; percolation rates; location of bedrock and groundwater; surface water bodies; slopes; rock outcrops; irrigation ditches; and wetlands; and

e. Substantial evidence is submitted showing that the design, layout and density of a development proposal incorporates the inventory and analysis of site conditions listed above. Proposals must show that
site conditions are compatible with the use of on-site sewer systems and that the location of sewer systems will take advantage of favorable site conditions while avoiding significant constraints. Evidence of compatibility may include intrinsic suitability of soils and other site
conditions; development design and density tailored to limits placed by site constraints; and the ability to meet future lot owner expectations for operation and maintenance.

3. Community Sewer Systems. The development will be connected to a community sewer system and complies with all the following requirements:

a. The development is not located within a Growth Management Area;

b. Management arrangements will meet one of the following criteria:

(1) The development is located outside an existing or proposed sewer service area as defined in the North Front Range Water Quality Planning Association's Water Quality Management Plan
and the sewer system will be operated by a management entity as specified in Subsection f below; or

(2) The development is located within an existing or proposed sewer service area and the sewer system will be operated by the applicable sewer district or municipality under the terms of a state discharge permit issued to the district; or

(3) The development is located within an existing or proposed sewer service area and the applicable sewer district or municipality has informed the County in writing that it does not wish to manage
the community sewer system and the sewer system will be operated by a management entity as specified in Subsection f below; or

(4) The development will connect to an existing community sewer system with adequate capacity to accommodate the additional flow, and will be operated by the applicable authority under the terms of a state discharge permit issued to the authority.

c. An analysis comparing the feasibility to extend and connect to public central sewer with the feasibility to design and construct community sewer systems is submitted. New development may use community sewer systems only when it can be shown that it is clearly not feasible to connect to a central public sewer;

d. If applicable, a Site Approval is approved by local reviewing agencies and issued by the Colorado Department of Public Health and Environment's Water Quality Control Division;

e. If a Site Approval is not applicable, a report addressing site conditions as outlined in Subsection 8.1.1.B.2, paragraphs d and e, regarding on-site sewer systems, together with design and location information for the proposed community sewer system(s) is submitted;

f. A plan for operation and maintenance of the community sewer system is submitted for County approval. The plan must outline the legal, financial and staffing needs to:

(1) Provide for an incorporated management entity with power to compel all lot owners to participate;

(2) Provide for initial construction and ongoing operation and maintenance;

(3) Provide for system monitoring and evaluation;

(4) Provide for system repairs and replacement; and

(5) Provide for ultimate connection to public sewer where applicable.

g. Except for systems regulated under County Individual Sewage Disposal System Regulations, the sewer collection and treatment system is designed to comply with per capita flow requirements in the ``Design Criteria Considered in the Review of Wastewater Treatment Facilities'' of the Colorado Department of Public Health and Environment-Water Quality Control Commission; and

h. Capacity will be available at the time of issuance of a certificate of occupancy.

C. Submittal Requirements. In addition to the submittal requirements in the Technical Supplement of this Code, applicants must provide the following:

1. A letter of commitment from the appropriate public central sewer provider confirming:

a. That the provider can comply with the level of service standards in Subsection 8.1.1.B.1 for the proposed development, taking into account committed development; or

b. That the provider cannot currently comply with the level of service standards in Subsection 8.1.1.B.1 for the proposed development, taking into account committed development, together with a description of the capital improvements and the timing of such improvements necessary to allow the level of service standard to be met; or

c. That the site complies with the requirements of Subsection 8.1.1.B.2 or 8.1.1.B.3 for on-site sewage treatment systems or community sewer systems based on its location relative to the provider's service area boundaries and existing facilities.

2. When on-site sewage treatment systems or community sewer systems are proposed, the applicant must provide a report showing compliance with the applicable requirements in Subsection 8.1.1.B.2 or 8.1.1.B.3.

D. Definitions

Public Central Wastewater System. A publicly owned, centralized sewage collection and treatment system.

On-site Sewage Treatment System. A sewage system installed on a lot or parcel and designed to collect and treat sewage generated from uses on that parcel.

Community Sewer System. A sewage system that collects sewage from more than one parcel and provides treatment at a centralized location and is not owned by a sanitation district or municipality. Examples include aerated lagoon systems; manufactured treatment plants; shared or clustered septic tank/soil-absorption systems; and individual absorption systems where all or part of the systems are located on common open space or residual land.

8.1.2 Domestic Water Level of Service Standards

A. New development must comply with one of the following criteria:

1. Public Community Water Systems. The development will be connected to a public community water system (including water supply, treatment and distribution facilities) designed to meet the normal and minimum pressure requirements for water mains contained in Appendix I Sections 2.1 and 2.1I of the ``State of Colorado Design Criteria for Potable Water Systems'' of the Colorado Department of Health and Environment Water Quality Control Division; or more stringent standards as may be required by the district or municipality and water quality requirements in the "Colorado Primary Drinking Water Regulations".

Motion carried 3-0.

 

 

 

 

 

 

 

8.5.5.A - STREETSCAPE LANDSCAPING

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to Subsection 8.5.5.A: Add, "4. Landscaping may be required in single family/duplex residential developments located outside Growth Management Areas if a development would require buffering or screening per Subsections 8.5.4.A or 8.5.4.D. This subsection is subject to review by the Board of County Commissioners."

Motion carried 3-0.

8.5.9.C - LANDSCAPE DESIGN STANDARDS (Streetscape Design Standards)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to Subsection 8.5.9.C - Delete the current Number 3 and replace with "For parcels that will use a pedestrian trail system along naturalized areas in place of sidewalks, trees are not required to be planted on center. Instead, trees and other landscape plantings must be compatible with the natural features of the site."

Motion carried 3-0.

8.5.9.D - LANDSCAPE DESIGN STANDARDS (Parking Lot Perimeter Design Standards)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to Subsection 8.5.9.D - Delete the current Number 2 and replace with "Perimeter screening or buffering must achieve a minimum of 33% of the screening or buffering effect within 3 years from the start of the development."

Motion carried 3-0.

8.5.9.G.5 - LANDSCAPE DESIGN STANDARDS (Commercial, Industrial and Multi-Family Residential Building Perimeter Landscaping Standards)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to 8.5.9.G.5 - Change "55 square feet" to "49 square feet" and add, "Actual final dimensions are determined by the types of trees used."

Motion carried 3-0.

8.5.9.H.12.a - LANDSCAPE DESIGN STANDARDS (General Design Standards)

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to 8.5.9.H.12.a - Reword this subsection to read, "Where this section specifically states that plant materials must be planted a particular distance apart 'on center', then that spacing must be utilized to the maximum extent practicable."

Motion carried 3-0.

8.14.7 - ROAD SURFACING REQUIREMENTS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to Subsection 8.14.7: Delete the last two lines of the table and replace with one line that indicates all urban roads must be paved. This same table appears in Section 4.3.A of the proposed Larimer County Road Manual and the same changes should be made in this table.

Motion carried 3-0.

8.7.7 - SPECIAL EVENTS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to 8.7.7 - Change to read, "Banners, balloons and flags may be used for a time period not to exceed a total of 14 days in any calendar year to promote...".

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this hearing to October 7, 1999 at 3:00 p.m., at the Larimer County Commissioners Hearing Room, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 4:45 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, Deputy County Clerk

 

 

 

 

 

 

 

 

 

 

 

 

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