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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 15, 1999

CONTINUATION OF DISCUSSION OF LAND USE CODE

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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; and Deni LaRue, Community Information Officer. Recording Clerk, Gael Cookman.

Approval of the Land Use Code Minutes from March 1, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Land Use Code Minutes of March 1, 1999.

Motion carried 3-0.

Section 4.3.10 H - Extended Family Dwellings

Chair Olson explained that the agenda for this evening would include reviewing the final items that the Board had asked staff to rework, and a discussion regarding the future process and tentative schedule for the Land Use Code; she then asked Mr. Kadera to review Section 4.3.10.H regarding Extended Family Dwellings. Mr. Kadera passed out the revised language for this subject, and after some discussion the Board approved the changes to this section as outlined below.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the proposed Section 4.3.10 H, Extended Family Dwellings, with changes as follows: "Section 4.3.10 H Extended Family Dwelling. Living quarters in a manufactured home to be used on a temporary basis to house immediate family members. Any person seeking to place an extended family dwelling on his/her property must obtain a permit as provided below.

  1. A permit for an Extended Family Dwelling to house immediate family members who are elderly or disabled may be administratively issued by the Planning Director upon finding that all of the following standards have been met:

  1. The lot or parcel upon which the Extended Family Dwelling is to be placed contains at least 4 acres;
  2. At least one occupant of the Extended Family Dwelling is age 65 or older or is disabled. A letter from a licensed physician verifying the disability must be submitted;
  3. All applicable impact fees will be paid;
  4. The Extended Family Dwelling will be removed within 3 months from the date of expiration of the permit; and
  5. A simplified site plan will be required as part of the application.

Permits issued under this Subsection are effective for 2 years. The Planning Director may renew the permit for additional 2-year periods if the applicant continues to comply with standards in 1 and 2 above.

  1. A permit for an Extended Family Dwelling used to house immediate family members for reasons other than age or disability, or on lots or parcels containing less than 4 acres may be issued by the County Commissioners after a public hearing with notice to affected property owners within at least 500 feet of the boundaries of the lot or parcel, upon finding that the following standards have been met:

  1. There is a legitimate family hardship which justifies the need for an Extended Family Dwelling;
  2. The Extended Family Dwelling will not substantially adversely impact the surrounding area;
  3. All applicable impact fees will be paid;
  4. The Extended Family Dwelling will be removed within 3 months from the date of expiration of the permit;
  5. In no event will a lot or parcel used for an Extended Family Dwelling be less than 4 acres unless public sewer service is used by the principal dwelling and the Extended Family Dwelling; and
  6. A simplified site plan will be required as part of the application.

Permits issued under this Subsection are effective for such period of time as the County Commissioners determine is appropriate based on the particular hardship after considering all the information presented at the public hearing. The County Commissioners may not extend the permit without a public hearing and finding that standards 1 and 2 above continue to be met."

Motion carried 3-0.

Definition of Native, Adaptive, and Drought Tolerant Plants

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following definition of Native, Adaptive, and Drought Tolerant Plants: "Any number of a group of plants classified native, adaptive, and drought tolerant species by professional and industry standards, but not to include species considered invasive or destructive to existing or natural habitat. Plant materials listed in the Larimer County Landscaping Guide as banned, or Species that are contained on the Larimer County Noxious Weed List, or in applicable State and Federal noxious plant listings, shall not be used in any planting plan presented as part of a formal application to Larimer County." Also, as a condition of approval, the monitoring and updating of this list will be a primary duty of the Environmental Planner.

Motion carried 3-0.

Section 4.1.8 - Greenhouses as an Accessory Use

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of including greenhouses as an accessory use in the RE - Rural Estate zoning district.

Motion carried 3-0.

At this time the Board discussed the future of the Land Use Code process and the proposed tentative schedule; Mr. Timm noted that once the rewrite of the Code takes place, it will then be referred to as the Proposed Land Use Code, Revised and that information regarding the revised code will be made available to the public by via newsletters and news releases. Copies of the revised Code will be available for pickup at their office, and by placing it in the libraries, and on the County website. Mr. Timm stated that they also plan to host three public information sessions to give the public the opportunity to come and ask questions and give written feedback on the revised Code. Ms. Haag noted for the public that the Board could have proceeded with this hearing in two different ways; the first being a continuance of tonights hearing to a specific date and have staff bring back the rewrite, discuss the code at that time and simply approve or disapprove of it. The other way would be to adjourn the meeting and complete the editing and rewrite, then bring it back and restart the public process. The Board agreed that since there has been so many changes to the Code they felt that it was necessary to bring it back to the public and go through the entire process again.

M O T I O N

Commissioner Disney moved that the Board of County Commissioner approve the Land Use Code Process and Tentative Schedule as follows:

March 16 - May 1 Code Editing

May 10 Proposed Land Use Code, Revised

Distribution to general public begins

May 31 - June 24 Public Information Sessions on the Proposed Land Use Code,

Revised. Specifics regarding time and location to be made

available on May 10th.

June 30 Planning Commission Public Hearing on the Proposed Land Use

Code, Revised. Specifics regarding time and location to be made

available on May 10th and in a published public hearing notice.

August 9 BCC Public Hearing on the Proposed Land Use Code, Revised.

Specifics regarding time and location to be made available on May

10th and in a published public hearing notice.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adjourn the meeting.

Motion carried 3-0.

Meeting adjourned at 8:15 p.m.

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CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Gael M. Cookman, Deputy County Clerk