PROCEEDINGS OF THE BOARD OF COUNTY COMMISIONERS

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PROCEEDINGS OF THE BOARD OF COUNTY COMMISIONERS

TUESDAY, OCTOBER 19, 1999

PUBLIC HEARING REGARDING THE

PROPOSED LAND USE CODE

(#538 & 543)

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; Dr. Tom Hobbs, CSU; and Jeannine Hagg, Assistant County Attorney. Recording Clerk, Gael Cookman.

Dr. Hobbs noted that the Board had asked for his input on the definition of Wildlife Habitat; he explained that in his opinion, three items must be considered when defining wildlife habitat: 1) Science, 2) People's values, and 3) Data. Dr. Hobb's stated that he felt the definition should be simple with the implementation of the definition being more complex and he presented a draft definition for the Board. The Board stated that they would give Planning Staff time to place the definition and information appropriately within the Proposed Land Use Code before they adopt the definition. Some discussion followed regarding how to identify which species should be listed as important wildlife or indicator species that may provide clues regarding changes in the environment.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes from the October 11, 1999 Proposed Land Use Code meeting.

Motion carried 3-0.

5.3.5 - Land Use

Commissioner Rennels noted that she wished to further discuss the uses for residual land; she explained that she thinks property owners should be able to trade density in the development area in order to use their residual land for public or commercial use, rather than just limit the use of residual land for the owners and their guests. Some discussion ensued with Chair Olson and Commissioner Disney both stating that this would have an impact on zoning and it would take more work before they would be ready to agree to this. Commissioner Rennels stated that she believes allowing the use of residual land for public or commercial use would encourage creativity on the part of the developer or land owner and could result in property that is more beneficial for all. Commissioner Rennels noted that she is also worried that if the Board does not allow this creative approach with regard to residual land, then property owners in the rural areas may start selling off their land in abundance which would be detrimental to agriculture and would cause more development than the Board wishes to encourage.

5.3.7.A.5 - CLUSTER DESIGN
M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following changes: 1) Rewording Subsection 5.3.7.A.5 to read: "Development areas in Conservation Developments must contain residential and related uses, roads and parking areas, except in those Conservation Developments where the ratio of developed area to residual land is 20% to 80% the road rights of way may, up to 60 feet, may be included in the residual land area." And 2) Add "Subsection 5.3.6.A.10 - Residual land may include such uses as pedestrian and bicycle access, buffer areas and common area devoted exclusively to the use of the residents of the Conservation Development and their guests."

Motion carried 2-1 - Commissioner Rennels dissenting.

5.3.3 - DEFINITIONS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of amending the definitions of Development Area and Residual Land by adding: "except as noted in Subsection 5.3.7.A.5."

Motion carried 3-0.

5.3.6.A.4 and 5.3.6.A.5 - RESIDUAL LAND DESIGN (STANDARDS)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of changing the last two lines in Subsections 5.3.6.A.4 and 5.3.6.A.5 to read: "Are required to provide a minimum of 50% of the total developable land area as residual land."

Motion carried 3-0.

5.3.6.B - USES IN RESIDUAL LAND

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to Subsection 5.3.6.B: Add number 4 under guidelines to read: "Residual land may be divided into 35-acre or larger parcels. The number of such parcels created in a Conservation Development counts against the total number of dwelling units allowed by the current zoning. Design of these lots will include the siting of building envelopes, access roads and driveways, utility and drainage easements and other facilities in relation to the purpose of the Conservation Development regulations stated in Section 5.3.1 above. All 35-acre and larger lots in Conservation Developments must be included in a Management Plan for the project and identified in the Development Agreement."

Motion carried 3-0.

STANDARDS AND GUIDELINES

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to the Land Use Code with regard to Standards and Guidelines: A) Section 5.3 - Conservation Development will be amended by removing the references to "Standards" and "Guidelines", this applies to Subsections 5.3.5, 5.3.6 and 5.3.7. B) Subsection 3.3.C will be reworded as follows: "Mandatory requirements use the words "shall", "must" or "will" and are sometimes labeled "Standards". Recommendations use the words "may" or "should" and are sometimes labeled "Guidelines"." C) Other sections of the Code use the terms standards and guidelines but the meaning in these sections is clear and does not require and changes. Sections 8.5 (Landscaping), 8.6 (Parking), 8.9 (Site Lighting), 8.14 (Development Design), 9.3 and 9.4 (Park Dedications/Fees) and 9.5 and 9.6 (Transportation Fees) all include standards and/or guidelines but the meaning is not ambiguous and should remain as presented.

Motion carried 3-0.

22.2.2.A - PROCESS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners amend Subsection 22.2.2.A by adding the following sentence: "A written notice of appeal must be submitted to the Planning Department within 30 days of the Planning Director's or County Engineer's written decision. The Planning Director may grant one 30 day extension of the time limit noted above, provided that a written request for such extension is submitted to the Planning Director within the initial 30 day period."

Motion carried 3-0.

8.2.8.A - WETLAND DEVELOPMENT STANDARDS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to Subsection 8.2.8.A: Replace the existing note with the following: "Note: The buffer widths stated above are based on recommendations from the County's wetland consultant. If credible and competent evidence, including the Site Inventory, is presented to show that the recommended buffer widths are not appropriate, the County Commissioners may approve increased or decreased buffer widths that are supported by the evidence."

Motion carried 3-0.

CONSENT ITEMS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following Consent Items as listed in the September 29, 1999 Planning Staff handout:

Subsection 3.6.C Add "Minor Residential Development".

Subsection 3.8.3 Process for Changing the Code Text The County Attorney recommended the following wording, "Changes to the Code text may be initiated by the County Commissioners through the Planning Department. All changes to the Code text require Planning Commission review and adoption by the County Commissioners at a public hearing. The processes for Planning Commission review and County Commissioner public hearings are described in Section 12.2, Development Review Procedures. To change the Official Zoning Map see Section 4.4 Amending the Official Zoning Map. Private citizens may suggest changes to the Code to the County Commissioners. It will be solely in the discretion of the County Commissioners whether to accept such suggested changes for possible adoption. If the County Commissioners accept such suggested changes, the proposed changes will be referred to the Planning Department for processing. The suggested changes will require Planning Commission review and adoption by the County Commissioners at a public hearing."

Section 4.1 In each zoning district include all the "Utilities" uses listed in Subsection 4.3.11 and "Sheriff/Fire Station" as uses permitted by Location Extent Review (L). In Subsection 4.1.2 change Public Park/Playground and Trail/Trailhead from (S) to (L). Utility uses and fire/sheriff stations are needed in all zoning districts. The Public Park/Playground and Trail/Trailhead designation in the FA-1 Farming Zoning District was an error.

Page 4-2, Subsection 4.1.1 and Page 4-3, Subsection 4.1.2 Move Seasonal Camp(S) from Recreational to Accommodations Uses. To accomplish this move we will need to add "Accommodations" uses to the FA-Farming and FA-1 Farming Zoning Districts.

A related change on Page 4-66, Subsection 4.3.5.I Seasonal Camp should move to Subsection 4.3.6.H

Subsection 4.2.1.D.2.b The last two lines should read, "...water and sewer utilities from the municipality and/or from a special district."

Subsection 4.3.10.G.1.c Change "subdivision" to "land division". Subsection 4.3.10.G.1 Add, "A permit issued for an extended family dwelling is for a term not to exceed 3 years. Such a permit may be extended for additional 3-year periods provided the conditions noted in Subsection b below continue to exist. Capital Expansion Fees will not apply to a request to renew such a permit."

Page 4-78, Subsection 4.5.5 and Page 6-3, Subsection 6.5 Add "The decision of the Planning Director may be appealed to the County Commissioners pursuant to Section 22(Appeals)."

Page 4-78, Subsection 4.5.8 Delete "The Planning Director must record with the County Clerk and Recorder any Site Plan approved as part of a Special Review application."

Subsection 5.2.2 Amend to read, "Applicability Any property to be subdivided in a Growth Management Area Overlay Zoning District or in the Laporte Area Land Use Plan must be subdivided as a Planned Development."

A related amendment to Subsection 5.2.3.A to read, "The Planned Development complies with the applicable city or town master plan for the Growth Management Area and the Intergovernmental Agreement for the Growth Management Area or the Laporte Area Land Use Plan, as applicable."

Subsection 5.2.3.A Change this paragraph to read, "The Planned Development complies with the Intergovernmental Agreement for the applicable Growth Management Area including the applicable city or town master plan elements cited in the Intergovernmental Agreement."

Subsection 5.3.6.A.4 Add "E-1". The E-1 Zoning district allows lots of one acre so this district should be included in the list in this subsection.

Section 5.8 Rural Land Use Process amendments. The County Commissioners approved changes to the Rural Land Use Process that will necessitate changes to the Code. No substantive changes are needed in the Code but rather references to various sections need to be changed to be consistent with the language approved by the Board.

Subsection 8.1.B Delete "variance".

Subsection 8.1.4.A.2 Change to read, "...manned or unmanned fire station with minimum equipment, including an engine with a minimum tank capacity of 500 gallons and a minimum pump capacity of 100 gallons per minute."

Subsection 8.1.4.B.1.b Change to read, "The development must also provide fire hydrants no more than 1,000 feet from each occupied structure."

Subsection 8.1.4.B.1 Change to read, "Urban water supply and hydrants: Developments within Growth Management Areas (GMA's) and other designated urban areas in the County's Master Plan and wherever a public water supply designed to provide water for firefighting purposes is available must comply with the following requirements."

8.1.4.B.2 Change this section to read, "Rural water supply: Developments outside Growth Management Areas and other designated urban areas in the County's Master Plan and where a public water supply designed to provide water for firefighting purposes, as determined by the applicable fire district, is not available, must comply with the following requirements:"

Subsection 8.2.8.E Change to read, "Structures and improvements are prohibited in any wetland except those for educational or scientific activities. Improvements such as trails, fishing access and wildlife management and viewing may be placed in buffer areas with a Management Plan which conforms to Section 8.10 (Management Plans)."

Subsection 8.2.13 Add, "D. The decision of the Planning Director can be appealed to the County Commissioners under Section 22 (Appeals)."

Subsection 8.3.6 Add a reference to the source of the timber classifications in the table on Page 8-21, "Hoover, R. L. and D. I. Willis, ed. 1984. Managing Forested Lands for Wildlife, Colorado Division of Wildlife in cooperation with the USDA Forest Service, Rocky Mountain Region, Denver, Colorado, 459 pp."

Subsection 8.3.7.B Add, "Larimer County Wildfire Safety Coordinator".

Subsection 8.3.8.D Add reference to "Wildfire Mitigation Plan Standards and Guidelines (Appendix D) written by the Colorado State Forest Service, April 1997."

Subsection 8.3.11.A In this paragraph change "Appendix A" to "Appendix D".

Subsection 8.4.8 Change to read, "Administrative Modifications A. The Planning Director may approve, in writing, minor modifications of any standards or review criteria in this Section upon a finding that the minor modification:"

Subsection 8.5.9.I Add, "7. Where fencing or walls are used as part of a buffering or screening plan, the fencing or walls must be constructed in the initial landscaping phase of the project."

Subsection 8.10.3.O Change the reference "Subsection 8.1.1.A.3" to "Subsection 8.1.1.B.3"

Subsection 8.10.3 Add "P. Any natural hazard mitigation plans prepared for the site must be included in the Management Plan."

Add the following: Subsection 12.6.6 - Property Owners Association or Equivalent.

Each project approved under this Code that includes parcels, tracts, common areas, open space parcels, residual land, roads, detention facilities, landscaping or other features requiring maintenance must provide for a property owners' association or an equivalent corporate entity to be responsible for such maintenance. If applicable, each Final Plat and Site Plan that is recorded must be accompanied by the appropriate legal documents (covenants, articles or incorporation, by-laws, etc.) necessary to create and operate such an entity.

For a project with a single owner, the Development Agreement must include a provision for perpetual maintenance of the improvements by the owner and any successors in interest to the property.

If a Management Plan is required for the project, provisions for the perpetual maintenance of the site must be included in the Management Plan.

All documents providing for maintenance must include a provision allowing County Commissioners to take over maintenance of the common facilities and assess the cost of maintenance, including administrative expenses, to property owners if the responsible entity fails to maintain the facilities in a reasonable condition.

Note: County Commissioners may consider taking over maintenance at a public hearing with at least 14 days notice to the affected property owners. If the County Commissioners take over the maintenance of common facilities, Commissioners will continue the maintenance until it is assured that adequate provisions have been made for perpetual maintenance of the common facilities.

Page 12-8 The table indicating Public Hearing Notice Requirements includes a 14-day published notice for a neighborhood meeting for the Rural Land Use Process. This reference should be changed to "N/A" because there is no published notice for a neighborhood meeting.

Page 12-9, Subsection 12.3.3.B A few words were omitted from this paragraph. It should read, "The applicant must provide the list of mailing addresses, on mailing labels, with an affidavit attesting to the accuracy of the mailing list. The notice must contain the applicant's name, a brief description of the project, a general description of the location, a reduced copy of the proposed plan and the place where the file can be reviewed."

Page 21-1, Subsection 21.1.B The first sentence should read, "It is unlawful to use real property or the improvements thereon; to develop real property; to erect,...". The first semicolon was omitted, which changed the meaning of this sentence.
For the sake of clarity, the following should be added to Subsection 21.1.B, "A building permit is not required for agricultural activities such as soil preparation, irrigation, planting, harvesting or grazing."

Code References. As the various revisions of the Code were produced sections were moved, changed, deleted or added. Cross-references to sections were not always changed to match the revised Code language. Staff recommends the following changes to cross-references:

A. Page 3-3 Subsection 3.5.A.1 Change 8.10 to 8.9

B. Page 4-2 Subsection 4.1.1.B.2 Change 8.10 to 8.9

C. Page 4-23 Subsection 4.1.17.B.2.a Change 8.10 to 8.9

D. Page 4-34 Subsection 4.2.1.E.1 Change 8.12 to 8.11

E. Page 4-34 Subsection 4.2.1.E.1 Change 8.13 to 8.12

F. Page 4-34 Subsection 4.2.1.E.1 Change 8.14 to 8.13

G. Page 4-79 Subsection 4.6.2.B Change 8.10 to 8.9

H. Page 4-83 Subsection 4.8.4 Change 8.10 to 8.9

I. Page 8-21 Subsection 8.3.6.A Change to 8.5.9.H.17

J. Page 9-2 Subsection 9.1.3.D Change 9.1.3 to 9.1.3.B

K. Page 12-6 Subsection 12.2.9 Change 2.3.2.2 to 23.2.2

L. Page 16-8 Subsection 16.1.5.B Change 4.5.3 to 4.5

M. Page 18-4 Subsection 18.2.3.D Change 18.4.C to 18.2.3.C

N. Page 18-7 Subsection 18.2.5.B Change 18.6.A to 18.2.5.A

O. Page 21-3 Subsection 21.3.B Change 21.3A to 21.3.A

P. Page 22-2 Subsection 22.3.1 Change 8.10 to 8.9

33. Rural Land Use Process. Section 5.8 of the Code was revised under a separate hearing schedule that ended in June. The Rural Land Use Process is being integrated into the Code, which results in some changes to the Code and the Rural Land Use Process in Section 5.8.

A. Some sections in the original Rural Land Use Process Regulations are no longer needed because the concepts are addressed elsewhere in the code:

Roman numerals refer to sections of the Rural Land Use Process regulations approved by the County Commissioners in June. Numbers in parentheses are Section numbers that will appear in the Land Use Code.

Delete Section V.C.10 (5.8.5.C.10) Legal notice is covered in 12.2.
Delete Section VIII (5.8.8) Vested Rights are covered in 12.7.
Delete Section IX (5.8.9) Amendments, Vacations and Resubdivision are covered in 5.7 and 5.10.
Delete Section X (5.8.10) Separability is covered in 3.7
Delete reference to the Subdivision Resolution in Section V.C.15 (5.8.5.C.15) and IX.A (5.8.9.A)
Subsection 5.8.6.A.3 Change Section VI to 5.8.6
Subsection 5.8.6.A.4 Change Section VI( C)(3) to 5.8.6.C.3

B. In the Land Use Code the following changes are needed to incorporate the Rural Land Use Process:

Page 5-54, Subsection 5.11.3.A, change "Rural Land Plan" to "final plat for a Rural Land Plan"
Page 8-58, Subsection 8.8.4.A, add "Preliminary Rural Land Plan" to both sentences in this subsection.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this hearing to October 20, 1999 at 2:00 p.m. in the Commissioners Conference Room, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 4:30 p.m.

WEDNESDAY, OCTOBER 20, 1999

PUBLIC HEARING REGARDING THE

PROPOSED LAND USE CODE

(#544 & 545)

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; Sean Wheeler, Planner II; Mark Peterson, County Engineer; and Jeannine Hagg, Assistant County Attorney. Recording Clerk, Gael Cookman.

LARIMER COUNTY ROAD MANUAL

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of inserting a new chapter 8 to the Larimer County Road Manual titled Environmental and Agricultural Design Guidelines, and to re-number all chapters subsequent to this new one. This chapter will focus on the consideration that should be given to the impact of the design of roads and bridges on wildlife, and will be a placeholder until the Engineering Department can meet with the appropriate advisory committees to draft the contents of this chapter.

Motion carried 3-0.

4.3.10.F AND 4.3.10.G - ACCESSORY USES AND STRUCTURES (Guest Quarters and Extended Family Dwelling)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes to Subsections 4.3.10.F and 4.3.10.G: Add item 6 under 4.3.10.F to read: "Guest quarters must pay transportation capital expansion fees applicable to a Multi-family land use type as defined in Section 9.5." And add item 3 under 4.3.10.G to read: "Transportation capital expansion fees must be paid at the time of issuance of a permit for an Extended Family Dwelling. The fee will be computed as equal to 3/20 (15%) of the transportation capital expansion fee for a single family dwelling. This fee covers the 3-year duration of the permit. An additional fee in the above amount is required for any subsequent extension of an Extended Family Dwelling permit."

Motion carried 3-0.

At this time Mr. Timm handed out a proposed timeline for the final adoption of the Land Use Code; he explained that if the Board concludes their discussion portion of the Land Use Code on October 26, 1999, then the Planning Department could have the Land Use Code redrafted and ready for final approval on November 22, 1999. Mr. Timm stated that if the Board approves the Code at the November 22^nd meeting, then he would recommend January 1, 2000 as the effective date for implementation of the Land Use Code. The Board agreed that this seemed to be a logical timeline.

The Board then briefly discussed the Citizens Review Committee handout dated September 13, 1999 and the list of future Code projects; the Board decided that the list of future Code projects should go to the Steering Committee next for prioritization.

Mr. Wheeler noted that he has been working with Dr. Cooper on the Landscape Guide Plant List and that he has now added the reasons why certain plants are not recommended for use in landscaping.

8.2.4 - WETLAND MAPPING

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes to Subsection 8.2.4: "Wetland mapping is intended for general planning purposes. The sources of mapping will be used to indicate the approximate location and/or extent of possible wetland areas. The following wetland maps and identification documents are available for reference in the Planning Department."

Motion carried 3-0.

8.2.5 - WETLAND DEFINITION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of changing Subsection 8.2.5.B.3 to read: "The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year. This applies only to salt flats too saline to support hydrophytes, and the margins of lakes, reservoirs, and streams where there is too much erosion to support either hydrophytes or hydric soils."

Motion carried 3-0.

8.2.8.B - WETLAND DEVELOPMENT STANDARDS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners change the wording of 8.2.8.B to read: "Only plant species that are identified by the Larimer County Landscape Guide as being appropriate for riparian life zones can be introduced into any wetland or riparian area, including the required buffer area."

Motion carried 3-0.

8.2.9.A - PROTECTION OF WETLAND WATER SOURCES

Commissioner Rennels moved that the Board of County Commissioners change the wording of Subsection 8.2.9.A to read: "Applications for development must evaluate the impact of the proposed development on surface and ground water flows and design the project to ensure that the historic flow of surface and ground water needed to sustain an existing wetland will not be interrupted."

Motion carried 3-0.

DEFINITION - NATIVE, ADAPTIVE AND DROUGHT TOLERANT PLANTS

Commissioner Disney moved that the Board of County Commissioners approve of the following definition: "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, or 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.

Motion carried 3-0.

DEFINITION - IMPORTANT WILDLIFE HABITAT

Commissioner Disney moved that the Board of County Commissioners approve of the definition of Important Wildlife Habitat as listed below, and insert the Procedure for Mapping Important Wildlife Habitat on page 8-26 as listed below: Definition: "Important Wildlife Habitat includes areas of the landscape that are believed to be particularly important to sustaining the full diversity of wildlife and natural communities native to Larimer County. These areas are delineated based on two types of data. The first type consists of maps of habitats used by sensitive and economically important species. The second type of data uses associations between animal populations and vegetation to identify areas that are likely to be particularly important to maintaining wildlife diversity in the county."

Addition to page 8-26:

8.4.3.A - Procedures for Mapping Important Wildlife Habitat

Data on wildlife populations and natural communities are continually updated, and as a result, procedures for mapping Important Wildlife Habitat may change as data and understanding improve. Maps of Important Wildlife Habitat identify areas that deserve more study, on the ground. They do not predict animal distributions.

Currently, Important Wildlife Habitat is mapped based on two types of data: field observations of sensitive and economically important species and characteristics of vegetation believed to promote biological diversity.

Maps Based on Field Observations of Species

Elk severe winter range, elk migration routes, bighorn sheep lambing areas, mule deer winter concentration areas, and mule deer migration routes. Definitions of these areas and procedures for mapping them are available from the Colorado Division of Wildlife.

Activity areas of threatened and endangered species based on field data provided by the Colorado Division of Wildlife. Observations are also mapped of imperiled species and natural communities provided by the Colorado Natural Heritage Program.

Maps Based on Vegetative Cover

Maps of vegetation are derived from satellite images and field surveys to locate:

Rare vegetation types. These are believed to promote biological diversity by providing unusual plant cover and associated animals populations. Rare vegetation includes wetlands, water bodies, perennial riparian zones, riparian deciduous forest, aspen, lowland riparian forest, and foothills riparian forest

High neighborhood species richness: These are maps that identify potential hotspots of animal and plant diversity. These hotspots are areas of the landscape that are estimated to support a greater number of species than 95% of the remaining area of the county.

Maps of Important Wildlife Habitat are composites of these 4 sources of data.

Motion carried 3-0.

8.10.3.M - MANAGEMENT PLAN ELEMENTS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners amend Subsection 8.10.3.M and 8.10.3.E as follows: 8.10.3.M will now read: "A plan for long-term compliance with the Management Plan, monitoring and reporting of compliance with the Management Plan and enforcement of the provisions of the Management Plan." 8.10.3.E will now read: "The Management Plan designates an individual or organization to provide an adequate funding mechanism to ensure maintenance and monitoring of the property and enforcement of the provisions of the Management Plan concurrent with the development agreement, conservation easement or other instrument."

Motion carried 3-0.

4.1.19 and 4.1.20 - I-INDUSTRIAL AND I-1 HEAVY INDUSTRIAL

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following changes: Include in Subsections 4.1.19 and 4.1.20 use categories for "Hazardous Materials Storage and Handling" and "Junk Yard" as uses allowed by Special Review. A related amendment occurs in Subsection 4.3.7 where "junk yards and hazardous materials handling and storage" should be removed from the use description for "General Industrial".

Motion carried 3-0.

4.1 and 4.3 - ZONING DISTRICTS AND USE DESCRIPTIONS AND CONDITIONS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve changing Subsections 4.1 and 4.3 in order to permit Sheriff/Fire Stations in all zoning districts through Location and Extent Review. In Subsection 4.1 Sheriff/Fire Stations (L) should appear in each district under Institutional Uses and in Subsection 4.3.4N Subsection 1 and 2 should be deleted.

Motion carried 3-0.

4.1.3.A, 4.1.4.A, 4.1.5.A, 4.1.8.A and 4.1.16.A - PERTAINING TO SEASONAL CAMP

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following: In Subsections 4.1.3.A, 4.1.4.A, 4.1.5.A, 4.1.8.A, and 4.1.16.A "Seasonal Camp" was included in the Accommodation uses. It should appear in the Recreational uses in these Zoning Districts so it is consistent throughout the Code.

Motion carried 3-0.

4.3.3.O - OUTDOOR DISPLAY AND SALES

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of deleting "Flea Market" as a use description from Subsection 4.3.3.0 since Flea Market is a separate use described in Subsection 4.3.3.M.

Motion carried 3-0.

4.3.9.D and 18.2.2.A.5 - MANUFACTURED HOMES AND MANUFACTURED HOMES OUTSIDE MANUFACTURED HOME PARKS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the following changes: Subsection 4.3.9.D will now read: "The duration of this temporary housing cannot exceed 18 months and requires a building permit issued by the County Building Department at the same time the building permit for the permanent structure is issued. The manufactured home must be removed from the site at the end of the 18-month period or upon completion of the construction, whichever occurs first. The Chief Building Official may grant an extension of 18 months for the temporary housing upon a finding that significant progress has been made in the construction of the permanent structure or there are other circumstances, beyond the control of the property owner, that have delayed construction."

Subsection 18.2.2.A.5 will now read: "The requirements noted above must be completed within 18 months of the date that the building permit is issued. The Chief Building Official may grant an 18 month extension upon finding that significant progress has been made in the completion of the requirements or there have been other circumstances, beyond the control of the property owner, that have delayed completion."

Motion carried 3-0.

6.5 - MINOR DEVIATIONS

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve changing the second sentence of Subsection 6.5 to read: "The Planning Director may approve minor deviations, in writing, if they comply with this Code and the intent of the original Site Plan approval."

Motion carried 3-0
12.3.3.B - MAILED NOTICE

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve changing Subsection 12.3.3.B to read: "The applicant must provide a list of mailing addresses with an affidavit attesting to the accuracy of the list. The notice must include the applicant's name; a brief description of the project; a general description of its location; a reduced copy of the General Development Plan (or Preliminary Plat for a single phase project or Preliminary Rural Land Plan); and the place where the file can be reviewed."

Motion carried 3-0.
9.1.3.D - SCHOOL SITE FEES

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve changing Subsection 9.1.3.D to read: "The land and fees received under this section must be used only for providing school sites."

Motion carried 3-0.

8.9.9.B - AMATEUR RADIO TOWERS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve changing Subsection 8.9.9.B to read: "The height limitations of this Code do not apply to federally licensed amateur radio transmission and receiving antennas, which meet the following criteria:

The height of the tower and antenna does not exceed the distance to the nearest property line;

All guy wires, tie downs and other support components of the antenna are installed according to the manufacture's specifications and are located on the same lot with the antenna;

Foundation plans for the antenna are submitted with an original seal and signature of a Colorado Licensed Engineer who has documented experience reviewing such installations.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this hearing to October 26, 1999 at 1:30 p.m., in the Commissioner Conference Room located at 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 5:00 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

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