08/24/21 TVLA Meeting With Larimer County Commissioner And Planning Staff
Location: Chapel at Salvation Army’s High Peak Camp
4 topics were on the Agenda of the meeting which was a follow up to the June 17 meeting called by Amy and Stephen Owens.
1. Forestry Land Use – the upshot was that in the zoning changes regulations got actually stricter on Outdoor Recreation and so Wild Side Adventure Park’s path is very narrow. Please see the attachment on Forestry Zoning complied and simplified by Michael Whitley.
2. Short Term Rentals – this follows the information on STRs from Boulder County we got at the TVLA Annual Meeting . Currently there are 5 cases pending in our valley. Complaints can be made online or by contacting Lodging Revs. Please see the link to Larimer County STRs.
3. Open Space – the good new is that the tax benefits have become more generous. Please see the attached document as well as the link to Larimer County Openlands.
4. Sort Yard – Wayne Harrington Sort Yard Manager presented stats that showed that the majority of the usage of the Sort Yard is now by Larimer County residents. Questions of funding from Larimer County were evaded but the Commissioner hinted that something big was in the works. Stay tuned!
All in all it was a very good meeting. The Larimer County party arrived early and enjoyed a picnic dinner. They stayed late and answered many questions. They promised to return on a yearly basis. Many thanks to Joanne Brownhill for these extensive notes!
Roger Sherman opened the meeting and welcomed Commissioner Jody Shadduck-McNally, Lesli Ellis, Director Community Planning & Development, other guests from Larimer County Planning Department, and Wayne Harrington from the Boulder County Sort Yard.
Commissioner McNally introduced guests from Larimer County and gave an overview of what to expect in tonight’s meeting. Commissioner McNally indicated she will come up once each year to meet with our Tahosa Valley Landowner’s Association if we’d like that: YES!
Other guests:
Lesli Ellis, Director Community Planning & Development (ellislk@co.larimer.co.us; 970-498-7690)
Tim Keeton – new undersheriff – Commissioner McNally was going to invite him, but several people from the Sheriff’s department are on vacation, and they didn’t want to further decrease resources. Will try to bring up someone from Sheriff’s Department next time.
Commissioner Shadduck-McNally comes up to the Tahosa Valley and Estes Park frequently to hike and meet with residents; loves it up in this area!
Lots of info today, including update from staff member from Boulder County Sort Yard (Wayne Harrington).
Lesli Ellis, Director of Community Planning & Development attending today along with many of her staff:
Daylan Figgs (figgsdw@larimer.org) -- Director Natural Resources
Michael Whitley, Land Use Planner – zoning
Doug May, Planner – has a feedback request for TVLA members today regarding future Outdoor Recreation Facilities. See list at bottom of page 3 of Larimer County Community Development handout on Forestry (FO) Zoning District Land Uses. This is a list of Outdoor Recreation Facility possible uses that have been REMOVED from the Land Use Code. Larimer County will be reviewing these uses and may add some of the uses back into the code depending on planning goals and public input. Doug asked that we indicate which outdoor uses we think would be acceptable and which would not. Doug also said it’s fine to say none are acceptable and that we prefer no future development of Outdoor Recreation Facilities in the Tahosa Valley. THIS IS OUR OPPORTUNITY TO BE HEARD. PLEASE TAKE THE TIME TO RESPOND!
Alyssa Martin, Planner – will talk about Short-Term Rentals (STR)
Amy White, Code Compliance Supervisor – will talk about STR
Commissioner Jody Shadduck McNally – Comments:
Recap of June 17, 2021 meeting with TVLA:
Proposed Wild Side Adventure Park – no application yet, land code changed, no path forward for this project at this time.
Items of interest in Larimer County:
Land use code revamping – hadn’t been updated for 20 years – continuing to update the code.
https://www.larimer.org/planning - Larimer County Planning Dept web page
Estes Valley Comprehensive Plan: Work is starting & data gathering currently occurring.
TVLA does NOT see ourselves as part of Estes Park.
Commissioner McNally indicated we may still be interested in staying informed about what they’re doing in Estes Park and the Estes Valley Planning District
Michael Whitley, Zoning – Comments:
Michael Whitley – Zoning – Development Review Planner, has done a lot of review for Estes Valley, Tahosa Valley, wrote the preliminary site plan for Wild Side Adventure Park, Salvation Army, Covenant Heights. Michael is extremely knowledgeable about our valley.
Zoning Districts – what uses are possible, what procedures required for each use
Most property in Tahosa Valley is zoned Forestry
See document (3 pages plus map) Forestry Zoning District Land Uses
1. Uses Allowed by Right
2. Uses Allowed by Site Plan Approval
3. Uses Allowed with Administrative Special Review Approval
Uses Allowed by Right: cabin, single-family dwelling, storage building, garage, etc.
Uses Allowed by Site Plan Approval: approval required – staff level review
Examples: Retail nursery, tree farms, small cell towers
Uses allowed by Administrative Special Review Approval with County Commissioner Board Review depending on level of Neighborhood Concern
Special Review Approval, public hearings, board of County Commissioner Review required
Outdoor recreation facilities: See definitions at bottom page 3 in handout
Removed Outdoor Recreation Facilities from code for now due to neighbor concern – will re-evaluate it going forward and may add some uses back in, depending on public comment and concern.
Doug May, Planner – Comments:
Doug May, Planner – will pass out notecards to solicit attendee input on outdoor recreation uses; Please give your feedback and make your voice heard!
List uses we’re okay with on one side of card.
List uses we don’t want to see on other side of card.
Be sure to label both sides of card!
OK to state that no outdoor recreation uses are acceptable.
Turn feedback cards in today.
Short Term Rentals (STR):
Alyssa Martin, Planner – Brief Comments:
STRs allowed in Forestry District with staff-level review & County Commissioner Review depending on neighbor concern
Amy White, Code Compliance Supervisor – Comments:
Code compliance & building code – overlap a lot
Planning Department looks at each STR
Research history of house, design, etc. – were proper permits pulled when built or remodeled?
Adequate egress windows?
Fire Districts huge concern – fires and emergency response time – need address compliance, code compliance, etc.
Gas fire appliances, hand & guard rails
Fire pits – not allowed if high fire districts
Stovestop firestops – help prevent stove fires
Window access for emergency crews, firefighters
STR: look at # bedrooms, 2 people per BR – occupancy based on # BR; Can be additional sleeping areas declared provided they meet requirements; maximum occupancy of 8 regardless of number of BR
Need to change use from Single Residential to STR
Status of current compliance:
Currently there are some STR code compliance cases south of Lily Lake
One STR has been approved so far
Some STRs applied for
Some STR initial inquiries
LODGINGRevs https://lodgingrevs.com/ – research company that crawls internet for STRs, etc. Can identify locations that are advertising and renting. County can then follow up for compliance.
2020 was a grace period; 2021 – owners just need to come in by Sept or Oct to start approval process.
Complaints: www.larimer.org “Our County” Code compliance, submit a complaint (it’s currently pretty hard to find where to submit a complaint). The “Submit a Complaint” button is being made more prevalent and easier to find. In the meantime, try the following:
https://www.larimer.org/codecompliance/report/form
Also, LODGINGRevs has a 24/7 line you can call to report STR violations or complaints 970-480-0867.
Complaints go to Sheriff’s Department then to Code Compliance Inspector at Larimer County Planning Department.
Alan Kee – Code Compliance Inspector for our area
Daylan Figgs, Director Natural Resources
Open space, conservation easements – willing action by owner, voluntary
Land trusts
Conservation easements
Meegan Flanigan, Larimer County Easements
Estes Valley Land Trust
Boulder County Land Trust
Easements are tailored to landowner’s request for purpose, goals
Conservation Easement goes with the land in perpetuity
Must be an official organization to hold a land trust
Tax benefits – property tax, state & federal tax benefits – owner can get up to 90% of value when donate to land trust
Q & A:
Questions from Phil Stern: new owners for 7 Keys – have a truck parked by the road that is a large sign
Answer: Commissioner McNally and Lesli Ellis noticed that today. They are going to have Alan Kee investigate right away.
STR Question: Status of application and approval process?
Answer: Amy White
Currently 1 application for STR pending
One has been approved, one is in process, 5 started application process (3 still advertising, 2 have stopped advertising)
If notice a current STR, can report that to Amy White, can file complaints. Those properties that are reported or receive complaints will be the first to be contacted by the Compliance Department for investigation and help getting those properties into compliance.
Question: code changes – are there “before & after” versions of the codes showing the changes?
Answer: Not really. However, there is very little change to Forestry District zoning areas
Michael Whitley, Zoning: completely changed a lot of district names, etc., so it’s hard to compare old documents to new ones.
Outdoor recreation uses – taken out of new code altogether.
Previously, there was a Special Exception Process – could ask for whatever you wanted – basically a “Get Out of Jail Free” card... That has been removed now.
Prior to March 31st – Outside use (outdoor recreation use) was not allowed but could use Special Exception Process to ask for outdoor recreation use. This is what Wild Side Adventure Park would have used. However, Wild Side never applied for a special exception, so there is currently no path forward for their proposal.
Now, there are no outdoor uses allowed in the revised code.
Q: Surveillance question regarding lack of addresses on many STR locations.
A: Many residences have no addresses; county keeps looking for addresses and matching up photos and houses. LODGINGRevs – does some matching of locations & addresses. By the way, LODGINGRevs recently bought out by Telluride company, so it’s a Colorado company now.
Q: Can anonymous complaints be submitted?
A: No, however county commissioner can make complaint for you if it’s a touchy situation. Contact Commissioner McNally.
Additional comments from Commissioner McNally:
Larimer belongs to 2 organizations regarding STRs:
Colorado... ??
Counties & Commissioners Acting Together (CCAT)
STRs – taxing concerns – STRs account for 60% of all structure fires – serious concern for fire districts.
New comprehensive plan county created – visionary document – land use changes come from that.
New Board of County Commissioners in Larimer County is very involved with this planning process.
Commercial/Residential (commercial operations in residential communities): removed from plan, looking for feedback from public now.
Looking at Tahosa Valley as different planning district than Estes Valley.
Question: old Aspen Lodge – brought in Elk Horn Stables – odor concerns; also open fire pit.
Answer: County will look into that; thank you for the feedback!
Question: Salvation Army development
Answer: Mitch McWilliams, Assistant Director High Peak Camp
2 projects: closest to road is dam restoration; further in is new waste treatment facility.
In 2013, state breached dam to preserve Hwy 7 during floods – insurance project to repair it now.
Project includes the entire field area around the pond as well as the dam and pond.
Dam creates reservoir for recreation for campers and fire mitigation water source.
Dam itself larger due to state requirements – in the event of a flood, won’t have impact; can manage dam to hold back water or release it as needed.
The pond is large – it’s not a racetrack or anything else weird; it’s just a big pond.
A little further in – new waste treatment facility; larger than before for current & future needs.
Both projects have gone through tons of review; a lot of work has been done to stop any negative impact downstream; restoring view of Long’s Peak is top priority.
Question: question about sign codes... ??
Question: Mountain Coaster being leased out for nighttime parties, etc. Serious noise concerns.
Answer: Amy White: Only one minor complaint filed against Mountain Coaster so far. If there are complaints, PLEASE REPORT THEM!!!! Violations cannot be investigated or enforced if the county doesn’t know about them!
Commissioners voted May 24, 2021 to strike those uses from the code so another Mountain Coaster can no longer be built.
Michael Whitley: if there is a use that requires a special meeting, such as the Mountain Coaster, the proposal lays out exactly what they’re going to do – hours of operation, music, etc. Once proposal approved, they are bound to operate within parameters of agreement. Neighbors need to report violations or concerns – county will investigate if operating out of compliance with their agreement.
Question: Coordinating with town of Estes Park?
Answer: Commissioner McNally has monthly meetings with Mayor of Estes Park
Question: Scott - Is it possible to make STR licenses more visible? Also, does county monitor how many STRs granted within certain neighborhoods? STRs seem to be concentrated in certain areas...
Answer: Leslie Ellis: She’s heard that question before. They talked with their attorneys and were advised not to publish addresses. However, they are in the process of creating and publishing heat maps – where STRs are located, where there are a lot, fewer, etc. Neighbors can call planning office or file a complaint if concerned.
Currently, don’t regulate # of facilities in areas. There are different ways to regulate # STRs and density, but not currently in codes and standards. The county is having those conversations now because seeing excess concentrations in some areas.
Question: Any requirements for educating guests of STRs regarding the rules?
Answer: Yes, part of operating manuals provide instruction on wildlife, trash, interactions, where it’s okay to walk, etc. Also, there’s a “3 strikes and you’re out” policy with STRs, then start compliance process. The county must know of violations and concerns in order to be able to investigate them.
Question: Boulder County said they limit number of applications per person to 2 STRs.
Answer: Larimer County is just starting those conversations.
Question: Comment directed at Michael Whitley thanking him for his work on the Wild Side sketch plan and providing information so residents and neighbors could stay informed.
Answer: Michael Whitley: Since Wild Side never made an initial public application, that project is now dead. Outside of a rural plan development, Wild Side doesn’t have a path forward. The rural plan development has a very narrow window, and it is an arduous process. They would need to wait until revisions to the zoning codes are completed before attempting to file for a rural plan development.
BOULDER COUNTY SORT YARD UPDATE:
Wayne Harrington, Coordinator, Boulder County Sort Yard
For the first 5 years the Sort Yard was in operation, they tracked usage by zip code.
Then switched to specific land ID numbers so they can track usage by exact location.
Use has switched from primarily Boulder County initially, to currently Larimer County usage exceeds Boulder County.
2016–2020 uses: 55% Larimer vs. 45% Boulder – volume more from Larimer County, especially pine needles coming from EP itself.
Last year, 60% usage from Larimer County. Total tonnage volume: Larimer County 46% volume.
May/June 2021: 58% Larimer County & 42% Boulder County.
July/Aug 2021: 57% Larimer County & 43% Boulder County.
Boulder County looking for more funding from Larimer County.
Commissioner McNally said Larimer County is considering options and currently having conversations – want to be good neighbors. The Sort Yard is a huge benefit to everyone for fire mitigation. Definitely don’t want it to shut down. Future changes are coming that will benefit everyone. However, the changes are proprietary, so can’t talk about it yet. However, Commissioner McNally asked everyone for patience as the details are worked out. Will definitely be a good thing for everyone.
Question: Phil Stern: Needs to be more funds, more staff, and more hours open for the Sort Yard.
Answer: Commissioner McNally: conversations are in process. Decision-makers are the county commissioners, and they are juggling a lot of projects. There is a new solid waste person who is excellent and is working with the Sort Yard options. Please be patient.
Question: tremendous benefit of sort yard – every little bit helps – encourages participation.
Answer: Commissioner McNally – definitely looking to keep it open, huge goal & purpose – good relationship.
Question: Twice in past 25 years, Allenspark tried to move into Larimer County – what is Larimer County’s view on this?
Answer: complex issue...
Question: Is there a good way to keep up with what’s going on with Larimer County Commissioners?
Answer: County Commissioners meet on Monday & Tuesdays – big meetings, then work sessions – should be on web site.
Every Monday afternoon, meeting and work session with Lesli Ellis and her Planning Department. Interested parties should all tune in live to those meetings at 1:30pm. Agenda posted by Thursday/Friday of prior week.
Question: Notification area for STRs seems small considering distances in mountain areas.
Answer: Lesli Ellis: They do notify neighbors within 500 feet & all contiguous neighbors – depends on area. 500 feet is a minimum distance. They can notify a much larger area when it makes sense. For example, they may notify everyone on the same road when it makes sense to do so. Can get on email list for notifications. Contact Lesli to get on email list to get email notifications from Larimer County regarding planning uses and proposals.