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LARIMER COUNTY PLANNING COMMISSION

Minutes of May 18, 2011

 

The Larimer County Planning Commission met in a regular session on Wednesday, May 18, 2011, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Dougherty, Gerrard, Glick, Hess, Miller, and Wallace were present.  Commissioner Hart presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Samantha Mott, Planner II, Traci Downs, Engineering Department, and Doug Ryan, Health Department. 

 

Mr. Lafferty accompanied Commissioners Cox, Dougherty, Glick, Hart, and Wallace on a site visit to Reservoir Ridge Location and Extent, Hughes Stadium Disc Golf Location and Extent, and Kidder Subdivision. Commissioner Hess visited the sites independently.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None.

 

APPROVAL OF THE MINUTES FOR THE APRIL 20, 2010 MEETINGS:   MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

Mr. Lafferty requested that Item #3 Kidder Subdivision be moved to the consent agenda.

 

MOTION by Commissioner Glick to move Item #3 Kidder Subdivision #10-S2944 to the consent agenda, seconded by Commissioner Cox.  This received unanimous voice approval.

 

CONSENT ITEMS:

 

ITEM #1  RESERVOIR RIDGE LOCATION AND EXTENT #11-Z1850:  Ms. Mott provided background information on the request by the City of Fort Collins to construct and establish a parking lot and trailhead with a trail extension for the Reservoir Ridge Natural Area located approximately ¼ mile south of the intersection of Overland Trail and Michaud Lane on the west side of the road.  The parking lot would include spaces for two horse trailers, one handicapped parking space, and 20 vehicle spaces.  A vault toilet, picnic tables and other amenities would also be included at the trailhead.  The trailhead and trail extension were anticipated to begin construction later this year.  The anticipated completion of the project was in early 2012.

 

DISCUSSION:

Commissioner Glick moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Reservoir Ridge Location and Extent, file #11-Z1850, subject to the following conditions:

 

 

 

1. Prior to development of the site the City of Fort Collins must submit an application to the Planning Department for Site Plan Review for review and approval.

 

2.  Prior to approval of the Site Plan Review the applicant must record a quit claim deed adding the 5.25 acre parcel (Parcel #97050-00-930) back to Parcel #97050-00-907 or provide documentation to the Planning Department that the lots were legally split.

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

ITEM #2  HUGHES STADUM DISC GOLF LOCATION AND EXTENT #11-Z1851 :   Mr. Lafferty provided background information on the request by the City of Fort Collins for an 18 hole disc golf course located at the northeast corner of CR 42C and Overland Trail. 

 

DISCUSSION:

Commissioner Glick moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Hughes Stadium Disc Golf Location and Extent, file #11-Z1851, subject to the following conditions:

 

1.   The applicant shall obtain the appropriate access permits from Larimer County prior to the construction of the new access.

2.   The applicant shall pay the appropriate TCEF a the time of the access permit issuance. 

3.   The applicant shall monitor the use of the site to insure that if restroom facilities are necessary they are installed. 

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

ITEM #3  KIDDER SUBDIVISION #10-S2944 :   Mr. Lafferty provided background information on the request for a 2 lot Subdivision on 40 acres, with Lot 1 being 31+ acres and Lot 2 being 8+ acres, located west of Hidden Springs Road at the intersection of Trilby and Hidden Springs.  The request also included an appeal to Section 5.3.2.H. of the Larimer County Land Use Code to utilize the Subdivision process rather than the Conservation Development process.

 

DISCUSSION:

Commissioner Glick moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Kidder Subdivision, file #10-S2944, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Kidder Subdivision, File # 10-S2944, 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 Kidder Subdivision.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.    All new residential structures shall have residential fire sprinklers installed.  In addition the applicant shall work with the Poudre Fire Authority to resolve the access gate issue prior to the issuance of a building permit for any new residence.  . 

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    The applicant shall amend or revise the well permit for the property to comply with the requirements of the State Engineer as stipulated in their letter of 2/15/11.

 

 

 

 

 

 

 

7.    At Final Plat the applicant shall provide for the shared well proposed for this subdivision and shall;

 

a.    Submit a design for the shared water system, including the storage and distribution system shall be prepared by a registered professional engineer.

b.    Depict adequate easements providing for access to, maintenance of all facilities and water lines.

c.    Provide a suitable well sharing agreement.

d.    The system and all of its components including acquisition, construction and installation shall be guaranteed as a part of the Development Agreement for this subdivision.  The design engineer shall provide certification of the system installation and construction prior to the release of the requirements of the Development Agreement for the water system. 

 

8.    All plans for the driveway and site development shall include appropriate erosion control measures.  These shall be reviewed and commented on by the Engineering Department. 

 

Commissioner Cox seconded the Motion.

 

Commissioners’ Cox, Dougherty, Gerrard, Glick, Hess, Miller, Wallace and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

ITEM #4  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – ACCESSORY RURAL OCCUPATIONS #11-CA0117:   Ms. Mott provided background information on the request to make changes to Section 4.3.10 of the adopted Land Use Code by adding a new accessory use (accessory rural occupation), and to make revisions to the definition section, the sign section, and the capital expansion fee sections as a result of this new added use.  The proposed Code amendment would create a new use, an accessory rural occupation, which would be accessory to single-family dwellings and to agricultural uses.  Adding the new use to the Land Use Code would allow landowners more flexibility to do activities accessory to the principle uses on their property while maintaining the rural residential or rural agricultural character of the property and surrounding neighborhood.  Ms. Mott spoke to the specifics of the proposed amendments.  She also noted that staff received an email in opposition to the proposal. 

 

Commissioner Gerrard asked why the use could not overly a Growth Management Area (GMA).

 

Ms. Mott explained that lots in the GMA were directly adjacent to city limits but located within the unincorporated part of Larimer County.  The lots in those areas were anticipated to be annexed into the City and were typically more urban in character.  The intent was to apply the proposed new use to lots with more rural characteristics.  She noted that lots within the GMA would have the option to do a home occupation if all criterion were met.

 

 

 

Chairman Hart noted that the item had been discussed at several worksessions.  He also mentioned that it was an attempt to allow more businesses in the rural areas.

 

PUBLIC TESTIMONY:

Ken and Janice Burns, stated that they bought their house in 2007 and since then the value of their house had decreased.  The property was 10 acres, and the ideal for their property was outdoor storage.  They wanted to be able to use their property; as a result, they appreciated any change to the code regarding uses.  They wanted clarification on the outdoor storage in the proposed regulations.

 

Commissioner Gerrard asked what kind of storage they were proposing.

 

Ms. Burns replied RVs, boats, trailers, etc.

 

Jason Waldo, 9925 Waldo Lane, felt that the code had inconsistencies with the farming uses.  He stated that property rights were important and with the proposed amendments it would give people back some of their freedom on their property.  The regulations were staged and responsible. 

 

Steven Johnson asked about pet animal facilities with outdoor use, and how it might relate to horses or llamas.

 

Ms. Mott explained that outdoor storage was prohibited as a use because it was felt that the outdoor storage of RVs, boats, etc. would change the character of a lot if it was suppose to be accessory to a single family dwelling or agricultural use.  A pet animal facility with outdoor uses would be prohibited as it was felt that it would have an impact on the surrounding neighbors. 

 

Mr. Lafferty noted that horses and llamas were not considered “pet animals” but livestock.

 

DISCUSSION:

Commissioner Hess proposed changing the stipulation that lots at least 2 acres would require approval through the Public Site Plan process to “lots under 2 acres.”

 

Mr. Lafferty commented that the minimum lot sizes in the zone districts under the new proposed amendments were 2.3 acres. 

 

Commissioner Miller appreciated the public testimony.  He felt that there was a need for people to have more freedom on their property and proposed to make a provision for public review for neighbors for RV’s, boats, etc. to be stored on 5 or more acres.  He wanted the provision to go forward for review by the County Commissioners.

 

Commissioner Dougherty believed the regulation should move forward and the issue could be discussed at a worksession.

 

Commissioner Hess agreed with Commissioner Dougherty.  She stated that outdoor storage of large equipment caused many neighborhood concerns.

 

 

Commissioner Gerrard felt that issue may be a concern to more people and felt that their should be a process in place to appeal a restriction.  The intent of the regulation was to allow people to use their property.

 

Commissioner Cox supported moving the proposal forward.  She stated that there were process already in place such as Special Exceptions, etc. to allow uses on a property.  She was reluctant to open up a worksession on the isolated issue as there already were a processes available.  She stated that she was open to a worksession review regarding fees and costs but not to go over a specific, high level, land use.

 

Commissioner Glick felt it should move forward in the process.  He also mentioned that storage of boats, trailers, etc. in rural areas was not compatible.  There were processes and fees already in place to allow those uses. 

 

Commissioner Wallace stated that the proposed amendments had been reviewed by a variety of agencies within the county.  She felt that the prohibited uses where not considered rural uses.  She supported having the regulations move forward to the Commissioners. 

 

Chairman Hart stated that Larimer County was a “right to farm” county.  He stated that there was difference between farming and large lot ownership.  The county was rural but within an urban area; as a result, there were many large lot developments with neighbors surrounding them.

 

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, file #11-CA0017, be approved as follows:

 

1.    Add a new item Section 4.3.10.P to read:

 

P.  Accessory Rural Occupation.  A use conducted as customary, incidental, and accessory to either a single family dwelling or an agricultural use.  An accessory rural occupation may include business uses such as the repair of agricultural equipment or the use of agricultural equipment for excavating, etc., but may not include any of the uses specifically listed in item 4 below.  Accessory rural occupations are intended to support agricultural and rural enterprises with reasonable operational characteristics, scale, and intensity so that they function as accessory to the principle use on the property without negatively impacting the enjoyment of life, investments and rural living expectations on neighboring properties.  A use that does not meet the criteria for accessory rural occupations is not considered an accessory rural occupation and must meet other applicable use requirements.

 

 

 

 

 

 

 

Accessory Rural Occupations are allowed by right and by public site plan as detailed below.

1.    All accessory rural occupations must meet the following criteria: 

a.    The lot is outside a Growth Management Area Overlay zoning district.

b.    The lot is within the FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry, O-Open, or RE-Rural Estate zoning districts.

c.    Any noise, fumes, dust, odors, vibration, or light generated as a result of the accessory rural occupation must, at the property line, be below the volume, frequency, or intensity, duration or time of day such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

d.    All applicable land use, health, and building codes must be met, including special events regulations.

e.    The accessory rural occupation is conducted by the owner or lessee of the principle use (single family dwelling or agricultural use) of the property.

f.    Retail sales of products clearly incidental, secondary and ancillary to the accessory rural occupation, including on site sales of products produced on the premises, may occur throughout the year.

g.    On site retail sales events may occur no more than 30 days in any calendar year. 

h.    Multiple accessory rural occupations or home occupations, or a combination of the two, are allowed on any lot provided that for all totaled together, the requirements for a single accessory rural occupation are not exceeded.

i.    Any property owner who establishes an accessory rural occupation is encouraged to complete and sign an Accessory Rural Occupation Registration Certificate prior to operation.

 

2.    An accessory rural occupation meeting the criteria in subsection 1 and the following additional criteria are allowed by right.

a.    The lot is at least 5 acres in size.

b.    The accessory rural occupation may utilize up to 50 percent of the square footage of the single family dwelling.  The area used for the accessory rural occupation inside the single family dwelling or detached outbuildings totaled together is no more than 5,000 square feet.  Any noise generating activity, to the extent practicable, must be indoors.

c.    The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood.  All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee parking, etc., must:

 

 

 

1.    Not exceed 2,500 square feet.       

2.    Be at least 100 feet from the property lines.  

3.    Be effectively buffered to the extent practicable from existing residences on adjacent lots.

d.    The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 10 trip ends on any given day (5 vehicles entering and 5 vehicles leaving the site) except for retail sales events,

 

3.    An accessory rural occupation meeting the criteria in subsection 1 and wishing to operate under the following conditions and circumstances may operate if approval is first obtained through the public site plan process.

a.    The lot is at least 2 acres in size.

b.    The area used for the accessory rural occupation inside the single family dwelling or detached outbuildings totaled together is no more than 10,000 square feet.  Any noise generating activity, to the extent practicable, must be indoors.

c.    The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood.  All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee and customer parking, etc.:

1.    Must not exceed 5,000 square feet.

2.    Setbacks and buffering may be required based on the proposed use and the location of the proposed use on the lot.

d.    The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 20 trip ends on any given day (10 vehicles entering and 10 vehicles leaving the site) except for retail sales events.

e.    Public site plan applications for accessory rural occupations are subject to all applicable transportation capital expansion fees associated with the use and the number of vehicle trips generated by the use.

 

4.    Uses specifically prohibited as accessory rural occupations include:  accommodation uses, adult uses, auto body or paint shops, community halls, general industrial uses, hazardous material storage and/or processing, flea markets, general retail, junkyards, pet animal facilities with outdoor use, shooting ranges, solid waste disposal or transfer centers, uses prohibited by state or federal law, value-added agriculture, uses classified as hazardous waste generators under state or federal legislation, and outdoor storage of recreational vehicles, boats and other large items. 

 

 

 

2.         Add a new definition to Section 0.1 to read:

 

Accessory Rural Occupation.   A use conducted as a customary, incidental, and accessory to a single family dwelling or an agricultural use.  An accessory rural occupation may include such business uses as the repair of agricultural equipment or the use of agricultural equipment for excavating, etc., but may not include any of the uses specifically listed in item 4.3.10.P.4.

 

3.         Modify Section 10.5 Prohibited Signs to include accessory rural occupation as follows:

 

E.  Billboards, off-premises signs, except that a home occupation and an accessory rural occupation may have a temporary, off-premises directional sign as described in section 10.6.K.

 

4.         Modify Section 10.6 Signs Not Requiring a Sign Permit to include accessory rural occupation as follows:

 

J.  Home occupation and accessory rural occupation signs.  Signs for home occupations and accessory rural occupations shall be limited to one sign per property, not to exceed four square feet in area per face and six feet in height, located on the same lot as the home occupation or accessory rural occupation.

 

K.  A home occupation or an accessory rural occupation may have one temporary on or off premises directional sign that is located on private property no farther from the subject parcel than the nearest arterial road, has a one or two sided sign face that is no more than nine square feet per face, a sign height no more than eight feet, and is in place only during allowed retail sales events.

 

5.         Modify Section 9.5.6.B.5 Non-Regional Road Capital Expansion Fee Exemptions to include accessory rural occupation as follows:

 

5.  Home occupation with 10 or fewer average daily trip ends, accessory rural occupation with 10 or fewer average daily trip ends, accessory living area attached or incorporated into a single family dwelling, and bed and breakfast with six or fewer guests. 

 

6.         Modify Section 9.6.7.B.5 Regional Road Capital Expansion Fee Exemptions to include accessory rural occupation as follows:

 

5.  Home occupation with 10 or fewer average daily trip ends, accessory rural occupation with 10 or fewer average daily trip ends, accessory living area attached or incorporated into a single family dwelling, and bed and breakfast with six or fewer guests. 

 

Commissioner Dougherty seconded the Motion.

 

 

 

Commissioners’ Cox, Dougherty, Gerrard, Glick, Hess, Miller, Wallace, and Chairman Hart voted in favor of the Motion.

 

MOTION PASSED:  8-0

 

 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:45 p.m.

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

_______________________________                      ______________________________

Gerald Hart, Chairman                                               Jana Hess, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

A portion of the Southeast Quarter of Section 8 and the Northeast Quarter of Section 17, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows:

 

BEGINNING at the Northeast comer of Section 17 and considering the East line of Section 17 as

bearing South 00° 16'17" East with all other bearings herein relative thereto;

 

Thence, South 00°16'17" East, 433.99 feet; thence, North 89°53'01" West, 1,299.02 feet; thence, North 00°15'33" West, 426.15 feet; thence, South 89°46'41" West, 1,298.32 feet; thence, North 00°16'17" East, 916.47 feet; thence, North 63°37'54" East, 325.94 feet; thence, South 89°52'56" East, 400.98 feet; thence, South 00°06'11" West, 800.19 feet; thence, South 89°55'12" East, 1,903.26 feet; thence, South 00°27'26" West, 247.32 feet to the POINT OF BEGINNING.

 

Containing 40.244 acres more or less.