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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 29, 2010

 

 

LAND USE HEARING

(ESTES PARK)

 

The Board of County Commissioners met at 6:30 p.m., with Russell Legg, Chief Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Bob Joseph, Alison Chilcott, and Dave Shirk, Estes Park Planning Department; Melissa Lohry, Clerk and Recorder’s Office; Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. John McKinley discussed the U.S. Census mailings being addressed to different towns (Estes Park, Drake, and Glen Haven) all within the same block.  Mr. McKinley also had questions regarding development of a culvert and the flood plain analysis requirements.  Commissioner Donnelly agreed to discuss these items with Mr. McKinley after the hearing.

 

1.         ESTES VALLEY DEVELOPMENT CODE AMENDMENTS REGARDING SHORT-TERM RENTALS, BED AND BREAKFAST INNS, AND VACATION HOMES:  Staff has prepared Code revisions to address concerns expressed by residents about the impacts of short-term rentals, such as vacation homes and bed and breakfast inns, in residential neighborhoods.

 

Revisions to vacation home regulations include:

 

·    Revisions to the definitions of accommodation use, guest quarter, household living, and nightly rental; and

·    Revisions to distinguish between bed & breakfast and vacation home uses and the zoning districts in which these uses are permitted.

 

The proposed amendments are as follows (language to be removed has been crossed out and language to be added has been underlined):

 

§ 5.2    ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES

A.    General Standards.         [No Changes]

B.    Accessory Uses/Structures Permitted in the Residential Zoning Districts.

1.    Table of Permitted Accessory Uses and Structures.

 

Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts

Accessory Use

Residential Zoning District

"Yes" =  Permitted                 "No" =  Not Permitted

Additional Requirements

RE-1

RE

E-1

E

R

R-1

R-2

RM

Accessory kitchen

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

 §5.2.B.2.g

 

 

2.    Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts.

g.  Accessory Kitchen.

               (1)  Approval of a kitchen accessory to a single-family dwelling shall not constitute

approval of a second dwelling unit or accessory dwelling unit.

 

(2)  The dwelling shall not be occupied by more than one family unit, as defined in

       Section 13.2.C.28 “Household Living.”

 

(3)   The dwelling shall have only one address.

 

(4)  Interior access shall be maintained to all parts of the dwelling to ensure that an accessory dwelling unit or apartment is not created. 

 

(5)   Land Use Affidavit. 

(a)   Accessory kitchens located in a portion of the dwelling that also includes sanitary facilities shall require a Land Use Affidavit prepared by the Community Development Department.

(b)   The Community Development Department shall record this Land Use Affidavit, at the applicant’s expense, at the time of issuance of a building permit. 

 

C.    Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.

            [No Changes]

D.   General Dimensional and Operational Requirements .  The following standards shall apply to all accessory uses and structures in all zoning districts, except for:  (1) Satellite antenna dishes accessory to residential uses that are one (1) meter or less in diameter; and (2) Satellite antenna dishes accessory to nonresidential uses that are two (2) meters or less in diameter.  ( Ord. 15-03 #1)

 

5.    Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory Buildings, Accessory Structures and/or Principal Buildings for Residential Uses.

       Maximum cumulative gross floor area for all accessory uses, excluding accessory nightly rentals, in accessory buildings, accessory structures and/or principal buildings (excluding: accessory kitchens; and, accessory nightly rentals in accessory or principal structures) shall not exceed the largest computation of the following:

a.    One thousand two hundred (1,200) square feet of gross floor area;

b.    Fifty percent (50%) of the gross floor area of the principal building, excluding the attached garage floor area;

c.    For lots with a net land area greater than one-half (˝) acre and less than or equal to one (1) acre:  500+[1,000(a)]*.

d.    For lots with a net land area greater than (1) acre: 1,400+[400(a)]*.

       *Where “a” = net land area in acres

Chapter 13 - Definitions

130.   Kitchen shall mean a room or space within a room equipped with such electrical or gas hook-up that would enable the installation of a range, oven or like appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food, and also containing either or both a refrigerator and sink. 

 

    130.1  Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated    

               with a single-family dwelling.

 

Discussion ensued regarding the differences for bed and breakfasts due to restrictions in residential and commercial zones.

 

There was no public comment on this topic.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed amendment to the Estes Valley Development Code regarding short-term rentals, bed and breakfast inns, and vacation homes, as delineated above.

 

Motion carried 3-0.

 

2.         ESTES VALLEY DEVELOPMENT CODE AMENDMENTS REGARDING ACCESSORY KITCHENS:   Over the course of the last several years, Planning Staff has received numerous building permit requests for second kitchens in single-family dwelling units. 

 

The Estes Valley Development Code defines a Dwelling Unit as “a building or portion [emphasis added] of it designed and used as living and sleeping quarters for a single household which includes exclusive sleeping, kitchen, eating and sanitary facilities.” 

 

Because of this definition, Community Development policy is that a second kitchen, in association with sanitary facilities, constitutes a second dwelling unit, which is prohibited on most single-family residential lots within the Estes Valley (exception for lots that are 1.33 times the minimum lot size).

 

The purpose of this amendment is to establish use and development regulations for a second kitchen within a single-family dwelling.  These regulations are intended to support the following purposes:

 

1)   To allow accessory kitchens associated with single-family dwellings, for use by the family residing within the dwelling unit, accessory to the first kitchen within the dwelling unit.

2)   Approval of a kitchen accessory to a single-family dwelling shall not be considered approval of a second dwelling unit or accessory dwelling unit.

 

The proposed amendments are as follows (language to be removed has been crossed out and language to be added has been underlined):

 

§ 5.2    ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES

A.   General Standards.        [No Changes]

B.    Accessory Uses/Structures Permitted in the Residential Zoning Districts.

1.    Table of Permitted Accessory Uses and Structures.

 

Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts

Accessory Use

Residential Zoning District

"Yes" =  Permitted               "No" =  Not Permitted

Additional Requirements

RE-1

RE

E-1

E

R

R-1

R-2

RM

Accessory kitchen

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

 §5.2.B.2.g

 

 

2.    Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts.

g.  Accessory Kitchen.

               (1)  Approval of a kitchen accessory to a single-family dwelling shall not constitute

approval of a second dwelling unit or accessory dwelling unit.

 

(2)  The dwelling shall not be occupied by more than one family unit, as defined in

       Section 13.2.C.28 “Household Living.”

 

(3)   The dwelling shall have only one address.

 

(4)  Interior access shall be maintained to all parts of the dwelling to ensure that an accessory dwelling unit or apartment is not created. 

 

(5)   Land Use Affidavit. 

(a)   Accessory kitchens located in a portion of the dwelling that also includes sanitary facilities shall require a Land Use Affidavit prepared by the Community Development Department.

(b)   The Community Development Department shall record this Land Use Affidavit, at the applicant’s expense, at the time of issuance of a building permit. 

 

C.    Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.

            [No Changes]

D.   General Dimensional and Operational Requirements .  The following standards shall apply to all accessory uses and structures in all zoning districts, except for:  (1) Satellite antenna dishes accessory to residential uses that are one (1) meter or less in diameter; and (2) Satellite antenna dishes accessory to nonresidential uses that are two (2) meters or less in diameter.  ( Ord. 15-03 #1)

 

5.    Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory Buildings, Accessory Structures and/or Principal Buildings for Residential Uses.

       Maximum cumulative gross floor area for all accessory uses, excluding accessory nightly rentals, in accessory buildings, accessory structures and/or principal buildings (excluding: accessory kitchens; and, accessory nightly rentals in accessory or principal structures) shall not exceed the largest computation of the following:

a.    One thousand two hundred (1,200) square feet of gross floor area;

b.    Fifty percent (50%) of the gross floor area of the principal building, excluding the attached garage floor area;

c.    For lots with a net land area greater than one-half (˝) acre and less than or equal to one (1) acre:  500+[1,000(a)]*.

d.    For lots with a net land area greater than (1) acre: 1,400+[400(a)]*.

       *Where “a” = net land area in acres

Chapter 13 - Definitions

130.   Kitchen shall mean a room or space within a room equipped with such electrical or gas hook-up that would enable the installation of a range, oven or like appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food, and also containing either or both a refrigerator and sink. 

 

    130.1  Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated    

                           with a single-family dwelling.

 

Discussion ensued regarding the definition of a family unit, the needs of the community and R1, R2, and RM zoning.

 

There was no public comment on this topic.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the proposed amendment to the Estes Valley Development Code regarding accessory kitchens, as delineated above.

 

Motion carried 3-0.

 

There being no further business the hearing adjourned at 7:00 p.m.

 

 

TUESDAY, MARCH 30, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m., with Neil Gluckman, Assistant County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Beverly Hill, Beverly Thurber, Diana Klundt, and Allison Larson, Representing Month of the Young Child; Angela Mead, Human Services Department; Dan Kunis, GIS Department; Sonny Subia, U.S. Census Complete Count Committee; Dale Miller, Road and Bridge Department; Marc Engemoen, Public Works Director; Sherrie Swisher, Clerk & Recorder’s Office; Michael Whitley, Planning Department; Eric Fried and Chad Gray, Code Compliance Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Laura Stall, resident of the Poudre Canyon and volunteer firefighter, thanked the Board for their support, and for waiving the fees related to their new fire station project.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 22, 2010: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of March 22, 2010, as amended.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:  Commissioner Gaiter requested that the second miscellaneous item, Registration, Activity, and Transportation Fee Policy, be removed from the consent agenda for discussion.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the following items on the consent agenda for March 30, 2010:

 

03302010A001           GRANT CONTRACT ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM (EIAF#6878 RED FEATHER LAKES ROAD STUDY) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

 

03302010D001           DEED OF DEDICATION; TIMNATH FARM INVESTMENTS, LLC

 

03302010D002           DEED OF DEDICATION; ROYAL VISTA EQUINE LANDHOLDINGS, LLC

 

03302010D003           DEED OF DEDICATION; VAUGHN COOK AND JILL THAYER

 

03302010R001           FINDINGS AND RESOLUTION APPROVING THE SIEGMUND MINOR SPECIAL REVIEW AND APPEAL

 

MISCELLANEOUS:           Post-TANF (PT) Child Care Policy, Revision 3/01/2010; 30 days of child care assistance to all Colorado Works families who end their participation in the Colorado Works Program due to employment.

 

LIQUOR LICENSES:   The following license was approved and issued:  Del Sol LLC, dba Eloy’s – Tavern – Fort Collins.

 

Motion carried 3-0.

 

5.  MONTH OF THE YOUNG CHILD PROCLAMATION FOR APRIL 2010:  Ms. Thurber requested the Board proclaim April 2010, as Month of the Young Child, in the effort to raise awareness and promote services that benefit young children in the community.   Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim April 2010, as Month of the Young Child.

 

Motion carried 3-0.

 

6.  CHILD ABUSE PREVENTION MONTH PROCLAMATION FOR APRIL 2010:    Ms. Mead noted that April is Child Abuse Prevention Month across the nation; she requested the Board uphold this tradition and honor it, as such.  Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners proclaim April 2010, as Child Abuse Prevention Month.

 

Motion carried 3-0.

 

7.  2010 U.S. CENSUS PROCLAMATION:  Mr. Kunis explained that he is a member of the U.S. Census Complete Count Committee, working to promote and encourage a complete and accurate census count in Larimer County.   Mr. Subia stated that thus far, Larimer County is ahead of the statewide response rate, and that they are using a number of different strategies to elicit responses.  Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim encouraging Larimer County Citizens to be counted in the 2010 U. S. Census.

 

Motion carried 3-0.

 

8.   COUNTY ROAD 69B DRAINAGE ISSUE:  Mr. Miller and Mr. Engemoen provided an update for the Board regarding a historic underground tile drainage system issue, which crosses private property in Estes Park.   Mr. Miller stated that the Board had previously instructed the Road and Bridge Department to cease activity on this site, with the possible exception of constructing a concrete inlet to join the County’s culvert with the drainage tile, and include a grate to collect and discharge surface flows.  Mr. Miller noted that they recently received a call from the property owners, asking staff to come look at the current conditions.  Upon visiting the site, staff felt that it would be beneficial to inject dye through some of the lines to see where the drainage goes, and to conduct some hand excavation on site.   Much discussion ensued, and the Board agreed that it would be prudent to explore this issue further, in the hopes of resolving a number of unanswered questions regarding this situation.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve using both hand excavation and the use of dye to determine the outfall location of the tile line, which carries roadside drainage from County Road 69B, across private property.

 

Motion carried 3-0.

 

9.  LEGISLATIVE UPDATE:   Mr. Gluckman updated the Board regarding pending legislation.

 

With regards to the miscellaneous item that was pulled from the consent agenda, Mr. Gluckman  explained that the Registration, Activity, and Transportation Fee Policy is one hundred percent state funded and is adjusted due to fluctuations in the marketplace standards for transportation reimbursement, related to child care assistance programs.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Registration, Activity, and Transportation Fee Policy, Revision 4/1/2010; and Larimer County will pay up to $60.00 of registration fees per year, and up to $405.00 of activity and transportation fees per year.

 

Motion carried 3-0.

 

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

 

11.  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

12.  LEGAL MATTERS:   Mr. Ressue and Mr. Whitley requested guidance on two properties that are operating Medical Marijuana Dispensaries without going through the approval process.  One property is in Berthoud and subject to annexation; the other was brought to the attention of the Planning Department via an article in the newspaper related to a home invasion.  Discussion ensued regarding circumstances related to both properties. The Board agreed that in accordance with the Intergovernmental Agreement, the Berthoud property owner must apply for annexation to the Town of Berthoud first, and then if denied, they could apply to Larimer County for a Special Review.  The Board directed staff to contact the second property owner to obtain more information about their dispensary, in order to determine the history of the facility and how long they have been in operation.

 

There being no further business, the meeting adjourned at 10:35 am.

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

 

­­______________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

 

 

 

 


 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.