> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/07/14  

 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 7, 2014

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Johnson was present. Also present were: Rob Helmick, Brenda Gimeson, Karin Madson, and Terry Gilbert, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. He then noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         CROSSROADS NW PLANNED UNIT DEVELOPMENT LOT 2, AMENDED PLAT, FILE #14-S3234:   This is a request for approval of an Amended Plat to combine lots 11, 13 &15 of the Crossroads North PUD to allow for a single building on the newly created lot.

 

The applicant proposes to combine three lots in the recently revised Crossroads North PUD, which will facilitate the location of a Tractor Supply Company store at this location.  The three lots are being combined to allow the store and its outdoor display and storage areas to be located on this site. 

 

This proposal allows, by combining the three lots, the Tractor Supply Company to complete a Site Plan Review for this site.  No agency or individual has noted a comment or concern with the Amended Plat.   

 

The Development Services Team recommends approval of the amended plat of lots 11, 13 & 15 Crossroads North PUD, File #14-S3234, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by January 1, 2015, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by the Larimer County Engineering Department.

 

2.         WOOD MINOR RESIDENTIAL DEVELOPMENT LOT 2 AMENDED PLAT, FILE #14-S3233:    This is a request for approval of an Amended Plat to eliminate a building envelop on Lot 2 of the Wood MRD.

 

The applicant has recently acquired this parcel.  They propose to eliminate or significantly revise the existing non-building area on the plat.  This would allow them to utilize more of the 16 + acre lot and provide for a larger buffer to County Road 15, an arterial roadway.  An analysis of the file and the information reveals no specific rational for the original restriction.  By inference the wetland area to the south and a now, nonfunctioning irrigation lateral may have been the general reasons.  The applicant has conducted a soils analysis and wetlands investigation.  Based on that analysis he has proposed removing the restriction except for a small area adjacent to a wetland area on an adjoining lot. 

 

This proposal rectifies and resolves a constraint on the utility of this lot.  This application has been well researched by both the applicant and staff, and there is no definite rational for the existing building restriction.  The applicant proposes to avoid the wetland area with a 100-foot buffer.   The Team suggests a condition of approval to restrict building the far southwest area of the lot, described so as to avoid the need for further surveying.

 

The Development Services Team recommends approval of the amended plat of 2 Wood MRD, File # 14-S3233, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by January 1, 2015, or this approval shall be null and void.

 

2.  Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by the Larimer County Engineering Department.

 

3.   The exhibit to the resolution describing the non-building area to only include an area 100 feet north of the south lot line and 275 east of the Southwestern corner of the lot, as shown on the proposed exhibit.

 

3.         SILVER REEF RURAL LAND USE PLAN, FILE #14-S3208:   This is a request to divide approximately 80+/- acres into two (2) single-family residential lots and one Residual Lot for agricultural purposes. The Residual Lot will be protected from further development by a conservation mechanism for at least 40 years as required under the RLUP.

 

The property is located in Section 3, Township 9 North, Range 69 West of the 6th P.M., Larimer County, Colorado; generally located northwest of Wellington and the northwest corner of County Roads 17 and 72.  The property is approximately 80 acres in size and is zoned O-Open.  The surrounding properties consist of a combination of residential dwelling units with parcel sizes ranging from 2.5 acres to 40 acres in size and larger farmland parcels.  The property is part of a larger agricultural holding and is currently used for irrigated cropland.  There is a small Class 2 identified wetland on the property near the southeast corner off of County Road 72.

 

The Silver Reef RLUP proposal is to divide 80+/- acres into two (2) single-family residential lots, each approximately 5 acres in size, and one Residual Lot for agricultural purposes, approximately 65-70 acres in size, with a building envelope for agricultural support buildings only.  The Residual Lot will be protected from any further development for a minimum of 40 years, as required under the RLUP.  In addition, a building envelope will be included on the final plat for future accessory buildings to preserve the long-time viability of the Ag use.  However, Residual Lot A will not be allowed any residences.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing periodic monitoring report(s) to the County. 

 

Access to the new lots will be from County Road 17.  Driveways will be required to be constructed to the standards listed in Section 5.8.6 of the Larimer County Land Use Code.  Additional right-of-way, if necessary, will be dedicated with the final plat for County Road 17 and 72, as it abuts the property.  Water to the southern homesite will be provided by Northern Colorado Water and water to the northern homesite by on-lot well.  Each lot will have its own septic system. 

 

Under the property’s current O-Open zoning (1 home site per 10 acres), up to 8 homes could potentially be built if approved through the County’s Conservation Development (CD) process and as a 35-acre development, the property could be developed with up to 2 homesites.  The proposed density of the Silver Reef RLUP project, one unit per 40 acres, appears to be compatible with the neighborhood. The applicants are proposing the same number of homesites as allowed under State Statutes for 35-acre parcels—however, they are using the Rural Land Use Process so they can continue to have 2 homesites but on smaller lots and continue the agricultural uses on the remaining property.  

 

Because of the relatively low density of this project, it qualifies to be processed under Section 5.8.5.D of the Larimer County Land Use Code which is the Administrative Rural Land Use Process.  This Process is an abbreviated process and used for projects that are smaller in nature.  Under the Administrative RLUP, the maximum number of residential lots allowed on this property is three (3).  This application is requesting two (2) residential lots.  The Administrative RLUP does not require a formal neighborhood meeting to be held.  The neighboring property owners were notified of the project by mail and have been given an opportunity for comment by either written correspondence or this public hearing. 

 

Referral agency comments were solicited from approximately 5 agencies. Comments were received from 3 of those agencies.  Representatives from the County Engineering Department, County Health and Environment Department, and Rural Land Use Advisory Board visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.   The referral agencies have responded and applicable fees will be collected to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

 

During the application review process, no major technical issues were raised by the reviewing agency representatives.  Minor technical issues that surfaced and solved by the design and/or conditions of approval to the project include: 

 

·  Adequate area outside of wetland—a condition of approval is included that requires at least 3 acres outside of the wetland area (see Condition # 6 and reference in the Health Department referral comments)

·  Limited availability for water taps—the number of lots in the project were reduced from three lots down to two lots to utilize the available water tap and limit the number of on-lot wells.

 

Staff findings are as follows:

 

This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

 

Support for the Silver Reef Preliminary Rural Land Plan is based on the following:

 

·  This proposal supports conservation values, including the preservation of around 70 acres of residual lands with protection from further development for at least 40 years. 

  • The plan is generally compatible with the existing neighboring land uses.
  • The proposal supports the continued use of the farming in the area and preserves the agricultural resource.

 

Support for this proposed plan considers other development options, particularly the greater number of residential units possible under the zoning. The desirability of Front Range property that creates development pressure within the area supports the finding that this is an appropriate project.

 

As proposed, this project will also provide long-term benefits to citizens of Larimer County:

 

·    Protection of existing rural open lands.

·    Transportation capital expansion fees received from the project.

·    School and park fees received from the project.

·   Fewer residences than likely allowed through existing zoning and no more than allowed    by 35-acre parcels.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

This project was reviewed by the Rural Land Use Advisory Board on Monday, June 2, 2014.  The Board recommended approval of the project and provided direction to staff regarding certain conditions of approval. 

 

Rural Land Use Advisory Board Recommendation: Motion by Board Member Spencer to approve the Silver Reef RLUP with the standard conditions that require compliance with RLUP standards as well as the additional conditions as follows.  Vice-Chair seconded the motion.

 

o  Require additional right-of-way and access permitting.

o   Require applicant to work directly with the Wellington Fire District to come up with fire plan before final approval.

 

Motion carried unanimously.

 

The Rural Land Use Center Staff recommends that the Board of County Commissioners approve the Silver Reef Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Silver Reef Rural Land Plan (File # 14-S3208) 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 Silver Reef Rural Land Plan.

2.    All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.   Before final approval, all designs must be prepared, stamped and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.

3.    All new driveways will access County Road 17 directly and shall meet the access spacing requirements required by the County.  Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing access points, applicant must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements.

4.    The owners shall dedicate right-of-way to meet a 50 foot half right-of-way along Larimer County Road 72 and a 40 foot half right-of-way along Larimer County Road 17.  This dedication shall be shown on the final plat. 

5.    Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

6.    Lot 2 shall include a minimum of three acres of upland area outside of the wetland.

7.    An on-lot well will be provided for Lot 1 and public water shall be provided for Lot 2.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. 

8.    Applicants must provide a fire plan approved by Wellington Fire prior to final plat approval.

9.    If fences are currently located in the dedicated right-of-way, applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half right-of-way.  No new fences or buildings shall be allowed in the right-of-way; however repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

10.   Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project.  Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements.  Applicant shall comply with all such design requirements.  Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

11.   If building envelopes are placed on the lots at final plat, all building envelopes shall be located outside the drainage areas, shall not interfere with existing drainage patterns and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

12.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Staff prior to final plat approval. 

13.   If restrictive covenants, small acreage management, architectural guidelines, or other related documents are prepared, these must be reviewed and approved by the Rural Land Use Staff prior to final plat approval.

14.   The final development agreement must be reviewed and approved by the County Attorney and Rural Land Use Staff prior to final plat approval.

15.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

16.   The following must be listed in a disclosure statement, approved by the County Attorney and Rural Land Use Staff, available to lot buyers through the public records at the time of purchase:

a)    LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lot 1 and 2 cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., public utilities, including but not limited to water supply) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b)    Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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.

c)    Some or all lots in this development may include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

d)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

e)    Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

f)    Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

g)    Pets must be contained on property, either by leash or enclosure.

h)    During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

i)    Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

j)    Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

k)    If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

l)    Larimer County has adopted a Right to Farm Resolution.

m)    The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

n)    The owners of the residual land parcel shall be responsible for providing, at the request of the Director, a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

o)    Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

4.         CENTENNIAL FARMS RESIDUAL LOT B & C AMENDED PLAT, FILE #14-S3235:   This is a request Amended Plat to reconfigure Residual Lots B & C to provide better access to a portion of Lot B.

 

The property owners of Residual Lots B and C wish to reconfigure their lots so that the owners of Residual Lot B have better access to the western portion of their property.  Residual Lot B is an approximately 35 acre lot with a 2.07 acre building envelope.  Residual Lot C is an approximately 70.71 acre lot with a 2.75 acre residential building envelope.  The Dry Creek Lateral irrigation ditch, irrigation lateral and Dry Creek cross the properties.  Because of these features and some additional steep slopes and marshy areas, the owner of Lot B has difficulty accessing the western portion of their lot.  The newly reconfigured lots will help to provide better access to the western portion of Residual Lot B.

 

Other review agency comments:

 

·  Brian Helminiak, Larimer County Engineering Land Surveyor, has no comments with regard to this application.

·  Clint Jones, Larimer County Engineering provided comments with regard to access, notification of utility providers and floodplain regulations.  No concerns were noted with respect to this proposal

·  No concerns were noted from utility providers or the ditch company.

 

Staff notes no concerns or comments with regard to this application; therefore, the Development Services Team recommends approval of the Centennial Farms Residual Lots B & C Amended Plat, File #14-S3235, subject to the following condition and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the Final Plat recorded by January 7, 2015, or this approval shall be null and void.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 2-0.

 

5.         ROBERTSON APPEAL, FILE #14-G0269:   This is an appeal to Section 4.3.10.D (Backyard Chickens) to allow for the keeping of a rooster where not allowed.

 

The subject request is to consider an appeal to Section 4.3.10.D (Backyard Chickens) of the Larimer County Land Use Code to allow a rooster on the property situated at 2716 Cheryl Street. 

 

According to Section 4.3.10.D properties located in zone districts that do not allow farm uses are allowed to keep 6 chicken hens, but no roosters. The subject property is zoned M-1 (Multi-Family) which does not allow for farm uses and the property owner has a rooster in addition to her chicken hen, which is not permitted.  The County became aware of this non-compliant situation as the result of complaints from the neighborhood.   After notifying the property owner of the issue and discussing various alternatives, she has decided to make an appeal to the Board of County Commissioners to be allowed to keep the rooster on the subject property until the property is sold (she believes 2 to 3 months).

 

Property owners within 500 feet of the property, which included the entire neighborhood, were notified of this application. Staff did receive several calls from the neighborhood indicating that they believe the standards should be upheld and the appeal denied.  However, several of the callers indicated that a temporary approval of the appeal would be palatable.

 

Staff believes that the standards of the Code should be applied in this instance and the rooster should be relocated while the property owner seeks a new place of residency.  However, we also acknowledge that a short term approval, no more than 3 months, would be a reasonable solution if the Board is so inclined.

 

Development Services Team findings are as follows:

 

1.   Approval of the appeal to allow a rooster to be kept on a property that is not zoned for farming is contrary to the code standard and will subvert the purpose of the standard.

 

2.   Approval of the appeal to allow a rooster to be kept on the subject property could create nuisance issues that are detrimental to the public health in the neighborhood.

 

3.   Approval of the appeal is not the minimum action necessary as the rooster could be relocated.

 

4.   Approval of the appeal is not consistent with the intent and purpose of the Code in that it would allow the keeping of a rooster on a property where it is not permitted, which would result in a general nuisance to the neighborhood.

 

The Development Services Team recommends denial of the Robertson Appeal, file #14-G0269.

 

Mr. Lafferty described the situation as outlined above. 

 

Ms. Robertson stated that she has had her rooster for over four-years and has never had an incident or complaint.  She further stated that she is in the process of moving, and requested the Board grant her until the end of August to re-locate herself and her rooster. 

 

Chair Donnelly opened up the hearing for public comment and the following individuals spoke in favor of granting the appeal:  Diane Calmeyer, Todd Lackey, and Krista Allen.  All stated that there is tension and numerous unresolved violations of their covenants within their neighborhood, and they all supported Ms. Robertson in this matter.

 

Chair Donnelly closed public comment and the following action was taken:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Robertson Appeal, file #14-G0269, and allow Ms. Robertson 90-days to vacate the rooster from the premises.

 

Motion carried 2-0.

 

The hearing adjourned at 3:20 p.m.

 

 _______________________________

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Gael M. Cookman, Deputy Clerk