QCan the Board of County Commissioners deny a request just because the neighbors don’t like it?
AThe Larimer County Land Use Code contains "review criteria" for each of the various types of land use applications. Under law, the Board of County Commissioners and any advisory board must use only those listed review criteria as reasons to approve or deny a given application. There are some review criteria that call for judgement; for example, when the review criteria is "compatibility". In these cases, a majority vote of the reviewing body rules.
QCan the BCC make the applicant do what the neighbors want him to do?
AIn part, this question has the same answer as the one above. One of the "review criteria" for all types of land use applications is the set of "standards" that a proposed development must meet. If a proposed development can meet all of the County’s required standards that are applicable to the project, as well as all other review criteria, the County must approve the proposed development.
QI didn’t get a notice of this public hearing in the mail, so why can’t the project be tabled to give me more time to review it and make comments?
AState law and the Larimer County Land Use Code spell out the notice requirements for various types of development applications. In most cases, a legal ad type of notice must be published in one newspaper of general circulation in the area of the proposed project at least 14 days before the public hearing. In most cases, the County requires the applicant to post a sign regarding the pending application along each street frontage of the property at least 14 days before the public hearing. However, posting the sign at the property is a courtesy to the public and the failure of anyone to observe a sign does not invalidate any public hearing. In most cases, the County requires the applicant to mail a notice regarding the public hearing, at least 14 days before the public hearing, to "affected property owners" within at least 500 feet surrounding the property. The names and mailing address of property owners is based upon the then-current records of the County Assessor. Failure of anyone to receive a mailed notice does not invalidate any public hearing.
State law requires the County to review and make a decision on subdivision applications within a specified time period, or the application is deemed approved.
QWhy do I have to go to a Pre-Application Conference before I submit my application?
AA pre-application conference is required by the Larimer County Land Use Code for all land use applications. This conference is a meeting between the applicant, a member of the County planning staff, and other staff as needed. The purpose of the pre-application conference is to discuss the procedure involved with their particular application, standards and submittal requirements. Based upon many years of experience, the County has found that one of the most common reasons why a given application takes so long to get a final decision is that the applicant or his/her representative has failed to submit the information and materials necessary for a decision by the County. The pre-application conference is intended to help the applicant from making that mistake.
QWhy must I have a neighborhood meeting before I submit my application?
AA neighborhood meeting is required for many types of land use applications. The purpose of the neighborhood meeting is provide the opportunity for the applicant to present the proposed project to nearby residents and property owners who may be affected by the proposal. The neighborhood meeting is required prior to the time the applicant "finalizes" his/her submittal package to the County for public hearing, so that he/she can consider the comments received at the neighborhood meeting and adjust the project accordingly. The neighborhood meeting is intended to result in applications that are less likely to require changes as the result of input received from neighbors at public hearings—this can save the applicant considerable time and money.
QWhy does it take so long to get through the development review process and get a final decision?
ALarimer County, within the parameters set by the State, has established a process for each type of development application. Each process has specific steps that must occur in sequential order, and many steps have specific time deadlines that need to be met in order for the process to continue on schedule. The entire development review process and schedule is intended to meet State mandated legal notice requirements and the needs of many different parties, including the applicant, the many different internal and external reviewing agencies, the nearby property owners, the planning staff, the applicable County advisory boards, and the Board of County Commissioners. Many times projects are delayed due to the applicant’s (or their representatives) delay in providing adequate information. It is the Planning Division’s goal to move applications through the development review process as quickly as possible without hampering the ability of interested and involved parties to conduct a thorough review. If you have concerns about the review time for a specific development application, please contact the staff planner assigned to that project.
QWhy does the County have all these land use rules? Why can’t I just do what I want with my property?
AFederal and State land use laws and regulations aside, the County has established land use regulations based upon the desire of its citizens to manage growth and development in a responsible manner. Larimer County established zoning districts in the early 1960’s, followed by a County Master Plan in 1976, 1988, and 1997. Its current County Master Plan (1997), based upon lengthy and considerable public debate and input, sets forth the general principles and strategies to be used by the County to guide growth and development. The Larimer County Land Use Code, developed after the Master Plan was adopted, is intended to implement the adopted Master Plan. The result is a Land Use Code that provides a balance between the rights and responsibilities of property owners in a rapidly growing county.