Mariana Butte Golf Course
 

AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, April 27, 2015/3:00 P.M./Hearing Room

 

A.    CALL TO ORDER

 

B.   PLEDGE OF ALLEGIANCE

 

C.   PUBLIC HEARING CONSENT ITEMS: *Will not be discussed unless requested by

Commissioners or members of the audience.

DETAILED INFORMATION

 

*1. LARIMER COUNTY LAND USE CODE AMENDMENTS

HIGH PARK FIRE REBUILD PROGRAM AMENDMENT,

FILE #15-CA0154

 

Staff Contacts: Karin Madson, Planning

Request: To extend the timeframe for the High Park Rebuilding Program Resolution and incorporate

Applicant: Larimer County

 

Staff Recommendation: Community Development Staff recommend approval of the proposed changes noted above.

 

*2. LARIMER COUNTY LAND USE CODE AMENDMENTS SECTION 4

SETBACKS, FILE #15-CA0153

 

Staff Contacts: Karin Madson, Planning

Request: To add a new Section 4.9.1.C. for setbacks adjacent to annexed roads and to add a new Section 4.6.7. Administrative Variance for properties adjacent to annexed roads.

Applicant: Larimer County

 

Planning Commission and Development Services Team Recommendation: BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of Amendments to the Larimer County Land Use Code, Section 4, file #14-CA0153 , as follow:

 

1.   Create a new Section 4.9.1.C. ( Setbacks from highways, county roads, and all other streets and roads) and renumber the balance of the section as follows:

 

C. Annexed Roads. Properties in unincorporated Larimer County along a road that has been annexed and is under the jurisdiction of a municipality have the option of utilizing the County required setbacks based on the most recent county road classification (prior to annexation) or requesting an administrative variance to allow a setback consistent with the required setback from the adjacent jurisdiction.

 

2.    Add a new Section 4.6.7. Administrative Variance as follows:

 

E. The planning director is hereby authorized to approve administrative variances from the county road setback requirements listed in section 4.9.1. or the applicable zoning district, for properties in unincorporated Larimer County along a road or street that has been annexed and is under the jurisdiction of another municipality, subject to the following criteria:

 

1.   Written documentation has been provided to the planning department indicating that the proposed structure will meet the setback requirements applicable within the jurisdiction in which the road is located.

 

2.   The review criteria for a setback variance in section 4.6.3 are met or determined to be inapplicable.

 

*3. MACKINNEY APPEAL, FILE #15-PSP0078

 

Staff Contacts: Michael Whitley, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request: An Appeal to Section 4.3.10.H.2.c of the Larimer County Land Use Code to allow a detached accessory living area to exceed the required size limit of 40% of the square footage in the single-family dwelling or 800 square feet, whichever is less.

Location: Section 12, Township 7 North, Range 70 West, 569 Lodgepole Drive, Bellvue, located southwest of the intersection of Lodgepole Drive and Blue Spruce Drive

Applicant/Owner: Gordon MacKinney - 569 Lodgepole Drive, Bellvue, CO 80512

 

Development Services Team Recommendation: The Development Services Team has not made a recommendation for approval or denial of the MacKinney Appeal, File #15-PSP0078.

 

D.    PUBLIC HEARING DISCUSSION ITEM:

 

4. LARIMER COUNTY LAND USE CODE AMENDMENTS SECTION 14

WATER FACILITIES, FILE #15-CA0152

 

Staff Contacts: Rob Helmick, Planning, Clint Jones, Engineering, Doug Ryan, Health

Request: To modify Section 14.0 - Areas and Activities of State Interest-, to include Section 14.4 designation for water storage reservoirs, Section 14.5 exemption for irrigation reservoirs, Section 14.8 a section for Memorandum of Understanding, and a change to the Section 14.10.D. Review Criteria.

Applicant: Larimer County

 

Planning Commission and Development Services Team Recommendation: BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of Amendments to the Larimer County Land Use Code, Section 14, file #14-CA0152, as follows with the modification to Section 2 to add an exemption written by staff regarding ditch laterals/carriers, the area around, and the maintenance of and around those laterals:

 

1.    Add a new designation to Section 14.4 Designated Matters of State Interest and renumber the balance of the section:

 

K. Site selection and construction of a new Water Storage Reservoir or expansion of an existing Water Storage Reservoir resulting in a surface area at high water line in excess of 50 acres, natural or manmade, used for the storage, regulation and/or control of water for human consumption or domestic use and excluding a Water Storage Reservoir used exclusively for irrigation . A Water Storage Reservoir shall also include all appurtenant uses, structures and facilities, roads, parks, parking, trails and other uses which are developed as part of the Water Storage Reservoir.

Additional language recommended but not reviewed by the Larimer County Planning Commission responding to ditch company concerns.

This designation shall not include the maintenance and operation of irrigation ditches, canals or laterals nor shall it include the normal maintenance and operation of a reservoir solely used for irrigation or a reservoir serving both irrigation and domestic customers.

 

KL. Siting and development of any solar energy power plant, including solar energy collectors, power generation facilities, facilities for storing and transforming energy and other appurtenant facilities, that together disturb an area greater than five acres, or any addition thereto that expands the disturbed area. This designation shall not include roof mounted solar systems located on existing permitted principal and accessory buildings.

 

2.    Add a new exemption to Section 14.5.B. Specific exemptions and renumber the balance of the section:

 

3. A reservoir used exclusively for irrigation is not considered to be a Water Storage Reservoir.

4. 3. An entity that has an approved intergovernmental agreement with the county specific to the project in question, as provided for in Section 14.8 below.

 

3.    Add a new section to Section 14.8.A. Intergovernmental Agreements:

5. Memorandum of Understanding (MOU). The county and the applicant shall execute a Memorandum of Understanding, prior to engaging in the process of forming an intergovernmental agreement, the purpose of which is:

a.   To acknowledge the intent of the parties to begin joint discussions which may result in the approval of an intergovernmental agreement.

b.   Establish the timeframe for those discussions and any significant milestones agreed upon.

c.   Establish the timeframe for review, public input and public hearing before the county commissioners.

 

4.    Modify Section 14.10.D.3. and 4. as follows:

 

3.    The proposal conforms with adopted county standards, review criteria and mitigation requirements concerning environmental impacts, including but not limited to those contained in Section 8 of this Code.

 

4.    The proposal will not have a significant adverse affect on or will adequately mitigate significant adverse affects on the land or its natural resources, on which the proposal is situated and on lands adjacent to the proposal.

 

E. CODE COMPLIANCE PUBLIC MEETING ITEM:

 

5. NORTH POUDRE IRRIGATION ZONING VIOLATION PUBLIC MEETING,

FILE #14-CC0193; 14-CC0194; 14-CC0195

 

Staff Contacts: Chad Gray, Building and Code Compliance Lead Inspector

Location: vacant land

Owner: North Poudre Irrigation Company

 

Staff Recommendation: Set a deadline for the property to be brought into compliance and authorize legal action if deadlines set by the Commissioners are not met.

 

F. ADJOURN

Background Image: Mariana Butte Golf Course by Steve Moore. All rights reserved.