AGENDA
LARIMER COUNTY PLANNING COMMISSION
Wednesday, January 18, 2017/6:30 P.M./Commissioners' Hearing Room
A.
CALL TO ORDER
B.
PLEDGE OF ALLEGIANCE
C.
PUBLIC COMMENT ON THE COUNTY LAND USE CODE
D.
PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON
THE AGENDA
E.
APPROVAL OF THE MINUTES FOR THE DECEMBER 21, 2016 MEETING.
F.
AMENDMENTS TO AGENDA
G.
CONSENT ITEMS:
*1.
*Will not be discussed unless requested by Commissioners or
members of the audience.
HYBIAK CONSERVATION DEVELOPMENT
Staff Contact: Michael Whitley
H.
#16-S3381
Page 1
ITEMS:
2.
VALEROSA PLANNED LAND DIVISION/PLANNED DEVELOPMENT #16-S3385
Staff Contact: Michael Whitley
3.
AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE - ‘FARM’
#17-ZONE0204
Staff Contact: Matt Lafferty
4.
Page 31
Page 80
AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE ‘SHORT TERM
RENTAL’ #16-CODE0200
Staff Contact: Matt Lafferty
Page 91
5.
AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – SECTION 7
SPECIAL EVENTS #17-CODE0205
Staff Contact: Matt Lafferty
I.
REPORT FROM STAFF
J.
ADJOURN
Page 94
NEXT MEETINGS: Wednesday, February 08, 2017: BCC/Planning Commission worksession
Wednesday, February 15, 2017: Planning Commission hearing
3. TITLE:
Amendments to the Larimer County Land
Use Code
REQUEST:
Amend the Larimer County Land Use Code
by:
1. Changing the definition “Farm” in
Section 0.1. – Definitions to not include
the language “containing at least three
acres”,
2. Changing the use description “Farm” at
Section 4.3.1.A. to not include the
language “containing at least three
acres”, and to add the requirement for
Public Site Plan (PSP) review for farms
occurring on lots within a constructed
subdivision, conservation development,
or rural land use plan
3. Changing the Agricultural category of
“Farm” within the zoning table of
Section 4 from “(R)” to “(R/PSP)” for
the Zoning Districts FA – Farming, FA1 - Farming, FO - Forestry, FO-1Forestry, O – Open, E – Estate, E-1 –
Estate, RE –Rural Estate, RE - Rural
Estate, R (Residential) and AP – Airport,
and
4. Changing the list of allowed uses under
the Agricultural section of the Zoning
Districts FA – Farming, FA-1 -Farming,
FO - Forestry, FO-1- Forestry, O –
Open, E – Estate, E-1 –Estate, RE –
Rural Estate, RE - Rural Estate, R
(Residential) and AP -Airport from
“Farm (R)” to “Farm (R/PSP)
APPLICANT:
Larimer County
FILE #:
17-CODE0204
STAFF CONTACT:
Matt Lafferty, AICP
NOTICE GIVEN:
Newspaper publication
PROJECT DESCRIPTION/BACKGROUND
In early 2016, Mrs. McDonough requested that the County consider modifying the “Farm”
definition and use description of the Land Use Code. Her proposal was to remove any reference
of a 3 acre minimum land area requirement for a “farm” as defined by the Land Use Code.
Mrs, McDonough specifically stated that the current language of the Land Use Code is
ambiguous to the common user. She noted that the FA and FA-1 (Farming) zoned districts,
which have a minimum lot area requirement of 2.3 acres, allow for farms as a use by right, but
the definition and use description only allow farms on properties greater than 3 acres in area.
On May 11, 2016, the Community Development staff presented at the PC/BCC work session an
overview of the history of the “Farm” definition. The Planning Commission and Board of
County Commissioners then discussed the issue and determined that no change would occur.
They further advised the applicant to consider an appeal as her request was rare and a code
amendment was overkill.
Since the May 11, 2016 PC/BCC work session, Mrs. McDonough submitted an appeal to the 3
acre requirement of the “Farm” definition/use description, but that appeal was not processed
because it was determined that definitions are not an appealable part of the Code. Because the
appeal could not be processed the Community Development staff informed the Board of County
Commissioners that a change of the definition should occur, for which the Board concurred.
As was presented to the Planning Commission and Board of County Commissioners at the May
work session, staff has not discovered any definitive reason for the 3 acre lot area requirement.
However, it is believed that such a requirement was likely established to avoid farms on lots
within approve developments, which generally approved for rural residential uses on lots less
than 3 acres. So while the current 3 acre requirement is somewhat arbitrary, staff believes that
development lots are typically approved for residential dwellings not for farms and therefore
there should be some provision to protect these typical interests.
REVIEW CRITERIA:
There are two review criteria for amendments to the text of the Land Use Code:
1. The proposed changes are consistent with the Master Plan and the intent and purpose of the
Land Use Code; and
2. The proposed changes are necessary to correct an omission or error in the Land Use Code.
PROPOSED CHANGES:
The following proposed code amendments will eliminate the contradictory and misleading
language of the definition and use description for a “Farm” use, and will establish an effective
process for determining the appropriateness of a “Farm” on lots in constructed land divisions.
1. Change the definition of “Farm” in Section 0.1. – Definitions to read as follows:
Farm. Any parcel of land containing at least three acres used primarily for the commercial,
soil dependent cultivation of an crop, the facilities and storage necessary for the management
of a commercial custom farming operation or the hauling of farm products, the raising of
fish, bees, plants or animals or the raising of livestock including horse breeding farms. This
does not include feed yards, poultry farms, exotic animal farms or fur farms.
2. Change the use description of “Farm” in Section 4.3.1.A to read as follows:
A. Farm. Any parcel of land containing at least three acres used primarily for the
commercial, soil dependent cultivation of an crop, the facilities and storage necessary for
the management of a commercial custom farming operation or the hauling of farm
products, the raising of fish, bees, plants or animals or the raising of livestock including
horse breeding farms, except as provided in item 1 below.
1. Approval of a Public Site Plan (PSP) shall be required for a farm on lots in a
constructed minor residential development, subdivision, conservation development or
rural land use plan, unless such farm use was approved for the lot as part of the
subject development application.
2. Farms do not include feed yards, commercial poultry farms, exotic animal farms or
fur farms.
3. Change the zoning table as follows:
Category
Use
FA
FA-1
FO
FO-1
O
E
E-1
RE
RE-1
R
Agricultural
Farm
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R/
PSP
R-1
R-2
M
M-1
A T B C I
I-1
RFLB
AP
R/
PSP
4. Change the designation of “Farm (R) to “Farm (R/PSP) in the list of allowed uses under
the “Agricultural” section in the following Zoning Districts:
FA – Farming
FA-1 Farming
FO-Forestry
FO-1 Forestry
O-Open
E – Estate
E-1 – Estate
RE – Rural Estate
RE-1 – Rural Estate
R – Residential
AP - Airport
STAFF FINDINGS:
The Community Development Staff recommends that the Larimer County Planning Commission
the adoption of the following findings with respect to these code amendments:
1. The proposed changes are consistent with the Master Plan and the intent and purpose of the
Land Use Code.
2. The proposed changes are necessary to correct an omission or error in the Land Use Code.
STAFF RECOMMENDATION:
Community Development Staff recommends that the Larimer County Planning Commission
recommend to the Board of County Commissioners approval of the proposed amendments to the
Larimer County Land Use Code, file #17-CODE0204.