Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 15, 2001

LAND USE HEARING

(#104)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty and Keith Schuett, Planners II; Karin Knauf, Planner I; Bob Joseph, Director of Estes Valley Planning; Rob Helmick, Senior Planner; Mark Peterson, County Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels stated that item #1- Smith/Staley Zoning Violation #01-ZV0074 has been removed from the agenda and that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. SUTTON LANE MINOR SUBDIVISION, MINOR MODIFICATION: THE SITE IS LOCATED ALONG SUTTON LANE, WEST OF MARY'S LAKE ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request for a minor modification to remove a 30' X 330' parcel from an approved minor subdivision. Staff recommendation is approval with the following conditions 1. Recording of a quit claim deeds prior to recording of the plat. These quit claim deeds will notify the assessor's office of the change in property ownership.

Recording of the "declaration of covenants, conditions, and restrictions", as submitted to the Community Development Department.

3. WEST HIAWATHA HEIGHTS LOTS 5A&B, 13A&B, 14A&B AND A PORTION OF LOT 4B, AND A PORTION OF LOT 1A, BLOCK 12, AMENDED PLAT AND EASEMENT VACATION: NW 1/4 OF SECTION 29, TOWNSHIP 10, RANGE 73 WEST; LOCATED AT 76 SHAGWA COURT AND 409 SHAGWA DRIVE.

This is a request for an Amended Plat of West Hiawatha Heights to combine several lots into two larger lots. Applicant also requests vacation of an access and utility easement. A new access/utility easement will be located along the south and west property lines. Staff recommendation is approval of the proposed West Hiawatha Heights Lots 5A&B, 13A&B, 14A&B and a portion of Lot 4B, Block 11; and Lots 2A&B and a portion of Lot 1A, Block 12, Amended Plat and Easement Vacation with the following conditions 1. The applicant shall submit verification that no telephone lines are within the easement being vacated; 2. The shed structure on the southern property line of lot 2 must be removed or relocated to be entirely on lot 2 and meet applicable setbacks; 3. All conditions shall be met and the Final Plat recorded by April 15, 2002 or this approval shall be null and void.

4. WALTONIA ADDITION AMENDED PLAT LOTS 25-30: NW 1/4 OF SECTION 9, TOWNSHIP 5, RANGE 71 WEST; OFF HIGHWAY 34, APPROXIMATELY 2 MILES SOUTHWEST OF DRAKE.

This is a request for an Amended plat for lots 25-30 to cure the encroachment of two structures onto the outlot/greenbelt area of the Waltonia Addition and to combine six lots into three. Staff recommendation is approval of the Amended Plat for Lots 25-30 of the Waltonia Addition with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 9/6/01 from Dale V. Greer, Professional Land Surveyor; 2. The applicant shall comply with the Engineer Department comments as noted in the memo of 9/21/01 from Christie Coleman, Engineer; 3. The lots shall be renumbered to conform to the naming standard for lots and shall be numbered 1, 2 and 3, rather than 26A, 27A and 29A; 4. All conditions shall be met and the Final Plat recorded by April 15, 2002 or this approval shall be null and void.

5. CONDOMINIUM PLAT - COLONA CONDOMINIUMS SUPPLEMENT NO.3 (ALSO KNOW AS LAPORTE PLAZA PLANNED UNIT DEVELOPMENT: SE 1/4 OF 29-08-69; LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 54G JUST WEST OF COUNTY ROAD 52.

This is a request to condominiumize the 7th and 8th of eight residential units in the LaPorte Plaza Planned Unit Development. Staff findings include 1. The proposed Condominium Plat and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The condominium is compatible with the other development in the surrounding area; 3. Approval of the condominium will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by this condominium; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Colona Condominium Association. Staff recommendation is approval of File #01-S1844 the Colona Condominium Plat Supplement No. 3 (also referred to as the LaPorte Plaza PUD) subject to the following condition 1. The applicant shall finalize with the Building Department all inspections for the building permits for structures C & D as outlined in the letter from Candace Phippen dated September 6, 2001 before the Condominium Plat is recorded.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Sutton Lane Minor Subdivision, Minor Modification; West Hiawatha Heights Lots 5A & 5B, 13A, 14A and 14B Amended Plat #01-S1834; Waltonia Addition Lots 25 - 30 Amended Plat #01-S1839; and Colona Condo Map Supplement #3- #01-S1844 as presented and outlined above.

Motion carried 3 - 0.

Tabled from September 10, 2001:

6. MILLS ZONING VIOLATION: 1210 NORTH OVERLAND TRAIL

This is an alleged violation of Land Use Code Section 4.3.F: Location of fence does not meet the minimum sight triangle standards of Section 4.3.F, Street Design Criteria, design requirements, Sight Triangle Standards: Larimer County Land use Code, Larimer County Road Manual. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance requires that a portion of the fence be removed or lowered to meet the minimum sight requirements; 3. Authorize legal action if the deadline is not met.

Mr. Schuett stated that Mr. Peterson and Ms. Mills have agreed to a 3-foot "clear fence", and requested the Board allow Ms. Mills a few weeks to comply.

Ms. Leslie Mills, the property owner noted for the record that she would reduce the fence to three-feet and should be able to comply within a week or so.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners allow Ms. Mills two weeks to reduce the clear fence to 3-feet and if not met, refer the violation to the County Attorney.

Chair Rennels requested a friendly amendment to allow 3-weeks for compliance due to the time of year and weather; Commissioner Bender concurred.

Motion carried 3 - 0.

7. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK ONE: ESTES VALLEY, INCLUSIVE OF THE TOWN OF ESTES PARK.

This is a request to make a number of changes and corrections to the adopted Estes Valley Development Code. Staff recommendation is as follows:

CHAPTER 1 - General Provisions

Item 1:

1.9 D. Setbacks - Building and Structure Setbacks.

1. Building and Structure Setbacks from Lot Lines.

Intersection and driveway sight visibility shall comply with the requirements of Appendix D, Section IV. Streets and Roads C. Intersection and Driveway Visibility.

Item 2:

1.9.E. HEIGHT.

  1. Measurement of Maximum Building Height on Slopes. The maximum height of

buildings on slopes may be adjusted up to a maximum of 40-feet using the following calculation (see figure 1.4). This adjustment requires submittal of a site plan containing the following information: building elevations, roof design, finished floor elevation, and grading plan with existing and proposed contours.

Mb=30+[.50(a-b)] where:

Mb=Maximum height in feet at any given point above original grade

a=Elevation at highest point of natural grade of proposed building location

b=Elevation at any given point

Figure 1.4

3. Exemptions from Height Standards.

CHAPTER 2 - Code Administration and Review Roles

Item 3:

2.1 CODE ADMINISTRATION AND REVIEW ROLES

A. Relevant Administering Bodies.

The following entities shall have roles in administrating the provisions of this Code:

3. The Estes Valley Board of Adjustment [BOA]; and

Item 4:

Table 2-1: Code Administration and Review Roles.

PROCEDURE

REVIEW AND DECISION-MAKING AUTHORITY

Staff

EVPC

Boards [1]

BOA [1]

Use Classification

DM

A

---

NOTES TO TABLE 2-1

[1] The Boards and the BOA.

CHAPTER 3 - Review Procedures

Item 5:

3.2.F.

        Summary Table-Standard Development Review Process by Application Type.

Step 1
Pre-Application Conference

Step 2
Application/
Completeness Certification

Step 3
Staff Review & Report

Step 4
EVPC Action

Step 5
Board Action

Variances

M

A

A

N/A

BOA

Minor Subdivision

M

A

A

A

A

Annexations

M

A

A

NA

A

"V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable

"APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text)

Item 6:

3.8 DEVELOPMENT PLAN REVIEW

Table3-3 Development Plan Review Requirements

Determining Factor

Staff Review [1]

EVPC Review

All Nonresidential Developments in the CO, CH, O and I-1 Zoning Districts

Add the "O" district to this chart.

Item 7:

All Residential or Commercial Accommodations Development, including RV Park/campgrounds

Number of Dwelling or Guest Units

3 - 10

11 or more

Major alterations that also entail alteration to the number of parking spaces, the configuration of parking, egress, water, sewer, drainage, or lighting on the premises

3-10 RV pad/campsite

11 or more RV pad/campsite

Item 8:

3.9 SUBDIVISIONS

D.       Minor Subdivisions.

1. Defined. Minor subdivisions shall be defined as follows:

b. Frontage Lots. Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall be considered a minor subdivision, provided that each resulting lot fronts onto an existing dedicated public street, and that the subdivision entails no extension of water or sanitary sewer facilities. No more than a total of four (4) lots shall be created out of a lot, tract or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure.

Item 9:

2. Hazard Areas. Areas with hazards as defined by Section 7.7 of this code shall not be eligible for the Minor Subdivision process.

Item 10:

3. Procedure for Approval of Minor Subdivisions. Applications for minor subdivision approval shall follow the standard development approval process set forth in 3.2 of this Chapter.

Item 11:

4. Submittal Requirements. Applications for minor subdivision approval shall conform to submittal requirements for a preliminary plat as set forth in Appendix B, Section C for purposes of Staff and Planning Commission review. The plat forwarded to the Governing Body shall conform to submittal requirements for a final plat as set forth in Appendix B, Section D.

CHAPTER 4 - Zoning Districts

Item 12:

4.1 ESTABLISHMENT OF DISTRICTS

E. Special Purpose and Overlay Zoning Districts

4. SH Stanley Historic Overlay District

Item 13:

4.3 RESIDENTIAL ZONING DISTRICTS

Table 4-1 Permitted Uses: Residential Zoning Districts

Use Classification

Specific Use

Zoning Districts

Additional Regulations (Apply in All Districts Unless Otherwise Stated)

"P" = Permitted by Right

"S" = Permitted by Special Review

"-" = Prohibited

RE-1

RE

E-1

E

R

R-1

R-2

RM

RESIDENTIAL USE CLASSIFICATIONS

Household Living

Single-family dwelling

P

P

P

P

P

P

P

P

In RE-1 R-1, 4.3.D.4 applies

Item 14:

4.3 TABLE 4-2

Base Density and Dimensional Standards, Residential Zoning Districts.

Zoning District

Max. Net Density (units/acre)

Minimum Lot Standards [1]

Minimum Building/Structure Setbacks [2]

Max. Building Height (ft.)

Min. Building Width (ft.)

Max. Lot Coverage (%)

Area (sq ft)

Width (ft.)

Front (ft.)

Side (ft.)

Rear (ft.)

RM

Residential Uses:
Max = 8 and Min = 3

Senior Institutional Living Uses: Max = 24

40,000, 5,400 sq. ft./unit
[4] [5][8]

Senior Institutional Living Uses: 1/2 Ac.

60;

Lots Greater than 100,000 sq. ft.: 200

25-arterials; 15-other streets

10 [6]

10

30

20 [7]

Multi-family= 50%

Notes to Table 4-2:

[8] Single Family and Duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively.

Item 15:

4.3.D Additional Zoning District Standards.

Private Open Areas; Applicability and Minimum Set-Aside Required. All residential developments and subdivisions containing five (5) or more dwelling units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3 below. See 7.4 for additional private open area standards.

Item 16:

4.5 SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS

District - RESERVED

B. Downtown Design Overlay District - RESERVED

C. Highway Corridor Overlay District - RESERVED

D. Stanley Historic Overlay District.

  1. All development in the Stanley Historic Overlay District shall comply with the Stanley Historic District Procedures and Standards for Development, set forth in Chapter 17.44 of the Town of Estes Park Municipal Code, as amended from time to time.

CHAPTER 5 - Use Regulations

Item 17:

5.2 ACCESSORY USES

B. Accessory Uses/Structures Permitted in the Residential Zoning Districts.

2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning District.

c. Family Home Day Care. Defined. A facility for care in the permanent residence of the provider for the purpose of providing day care and training for adults or children who are not related to the provider. The maximum number of children cared for shall comply with State of Colorado and the Colorado Department of Human Services rules and regulations.

Item 18:

Table 5-1: Accessory Uses and Structures Permitted in the Residential Zoning Districts

Accessory Use

Residential Zoning District

"Yes" = Permitted "No" = Not Permitted

Additional Requirements

RE-1

RE

E-1

E

R

R-1

R-2

RM

Home Occupation

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

5.2.B.2.e

Item 19:

Table 5-2: Accessory Uses Permitted in the Nonresidential Zoning Districts

Accessory Use

Nonresidential Zoning District

"Yes" = Permitted "No" = Not Permitted

Additional Conditions

A

A-1

CD

CO

O

CH

I-1

Employee Housing (Including Caretaker Quarters)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

5.2.BC.2.a

Item 20:

5.3 TEMPORARY USES AND STRUCTURES

C.       General Standards. All temporary uses or structures shall meet the following requirements:

  1. Temporary uses shall comply with building/structure setbacks established for the zone district in which the temporary use is located. Staff may waive or adjust this provision.

CHAPTER 7 - General Development Requirements

Item 21:

7.11 OFF-STREET PARKING AND LOADING

M. Bicycle Racks. For premises requiring twenty (20) or more vehicular parking spaces, bicycle racks facilitating locking shall be provided to accommodate one (1) bicycle per twenty (20) parking spaces required or fraction thereof.

CHAPTER 10 - Subdivisions

Item 22:

10.2 APPLICABILITY/SCOPE

B.        Minor Subdivisions. Minor Subdivisions are subject to full review and compliance with the standards set forth in Chapter 10, and the submittal requirements set forth in Appendix B.

  1. Boundary Adjustments. Division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines . . .
  2. Item 23:

  3. Frontage lots. Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall also be a minor subdivision, provided that each resulting lot fronts onto an existing dedicated public street, and that the subdivision entails no extension of water or sanitary sewer facilities. No more . . .

Item 24:

10.3 REVIEW PROCEDURES

A.        All subdivisions, including Minor Subdivisions, shall be reviewed in accordance with the procedures set forth in Chapter 3 of this Code.

CHAPTER 13 - Definitions

Item 25:

13.3 DEFINITIONS OF WORDS, TERMS AND PHRASES

Barn/Stable. Barn/Stable shall mean a building, used exclusively to store farm implements, grain, hay, and other farm products and/or to shelter and feed livestock; or, a building having stalls or compartments used exclusively to shelter and feed livestock.

Building Envelope. An area within the property boundaries of a lot or property within which an allowed building or structure may be placed. No portion of the building, including cornices, canopies, eaves, landings, or attached decks, shall extend outside the bounds of a building envelope.

Floor Area, Gross shall mean the combined sum of the gross building floor area of all principal and accessory buildings on a lot, including basement gross floor area except as specifically excluded herein, as measured along the outside enclosing walls, but not including:

c. Attainable housing bonus units meeting the requirements of 11.4. Only bonus units shall be exempt;

Garage Sale. The sale or offering for sale to the general public of more than five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Sales of programs and food and beverage items at school athletic events shall not be deemed to constitute garage sales. Shall be limited to no more than four (4) consecutive calendar days and occur not more than twice within a 12-month period.

Statement of Intent shall include the following unless waived by Staff at the pre-application meeting: existing conditions, development request, any requests for modifications or exceptions to the Code, and a project description to include: vehicular and pedestrian access, vehicular and pedestrian circulation system, density, number of units, number of lots, acreage, land use, landscaping and maintenance plan, utilities, stormwater drainage and erosion control, and type and amount of impervious coverage. All points of non-compliance with applicable code provisions shall also be noted, and justification provided.

APPENDIX B - Submittal Requirements

Item 26:

II. SUBDIVISION SUBMITTAL REQUIREMENTS

A. General Submittal Requirements

4. Statement of Intent. All applications for a preliminary subdivision plan and final plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code.

Item 27:

C. Preliminary Subdivision Plans

5. Contents.

    1. A proposed delineation of the limits of disturbance (LODs) for each lot, as required in 7.2.D of this Code.

    1. Names and Addresses. The names and addresses of all owners of land

immediately adjoining the platted land as their names appear in the records in the office of the County Clerk and Recorder and their addresses as they appear on the tax records of the County.

Item 28:

D.       Final Subdivision Plats.

21. Small Scale Plat. One copy of plat at 1"=600' scale. This copy shall include the lot lines, section, township, and range, and tie to an established Larimer County survey monument.

Item 29:

22.Plan Contents.

m. Surveyor. A certificate by the licensed land surveyor responsible for the survey and final map or plat. The signature of such surveyor must be stamped with his or her seal.

Item 30:

III. DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS

A. General Submittal Requirements

4. Statement of Intent. All development plan applications shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 4 and Chapter 7 of this Code.

Item 31:

B. Sketch Plan Submittal Requirements.

3. Contents.

Item 32:

C. Development Plan Submittal Requirements.

5. As-built Plans. As-built plans (1 Mylar + 1 paper copy + 1 digital copy) shall be submitted at the time construction of the improvements is completed. As-built plans shall include utilities, parking, building footprints, and building square footage. Final certificate of occupancy shall not be issued prior to submittal of as-built plans.

6. Development Plan Submittal Package Contents.

Item 33:

VII. VARIANCES AND ADMINISTRATIVE (MINOR) MODIFICATIONS--SUBMITTAL REQUIREMENTS

A. Submittal Requirements.

11. Field Staking. The lot corners and building corners of the proposed structure shall be field staked ten (10) business days prior to the scheduled Board of Adjustment hearing.

APPENDIX D - Road Design and Construction Standards

Item 34:

IV. STREETS AND ROADS

C. Intersection and Driveway Visibility.

1. Intersections. No fence, wall, hedge, landscaping, sign or other material or structure that will obstruct vision between a height of three (3) feet and eleven (11) feet shall be erected, placed or maintained within the sight visibility triangle formed by an imaginary line starting at the point of intersection of property lines and extending thirty (30) feet from their point of intersection, as shown on the following illustration:

Sight Visibility Triangle at Intersection

Item 35:

3. Driveways. No fence, wall, hedge, landscaping, sign or other material or structure that will obstruct vision between a height of three (3) feet and eight (8) feet shall be erected, placed or maintained within the sight visibility triangle, as shown on the following illustration:

 

Sight Visibility Triangle at Driveway

The provisions of this Section may be waived if it can be shown that visibility will not be restricted either because of a turnaround

Mr. Joseph noted that of the 35 proposed changes, most are administrative/clean-up in nature. The more substantive changes, Mr. Joseph continued are 1. Height restrictions of buildings; 2. Number of children in a daycare; 3. Affordable/attainable housing incentives for developers; and 4. Definition of building envelopes and barns.

Chair Rennels asked if public comment was heavy on any of the proposed changes and Mr. Joseph replied negatively.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Amendments to the Estes Valley Development Code, Block one as presented and outlined above.

Motion carried 3 - 0.

8. MARTIN-JONES CONSERVATION DEVELOPMENT EXCEPTION/APPEAL: 25-08-68; NORTH OF CR. 52 AND WEST OF WCR 13 BETWEEN HINCKLEY AND COBB LAKES.

This is a request for an Appeal for and exception from Section 5.3.2.H of the Larimer County Land Use Code requesting to allow to process a subdivision rather than a Conservation Development on a 35+acre parcel. Staff recommendation is to approve this request for an exemption to the requirement for this 35-acre parcel to proceed through the Conservation Development process for a land division. This approval is conditioned on the requirement that the subdivision shall utilize building envelopes no larger than 3 acres in size to limit the are of disturbance on the site, and avoid any environmental resources.

Mr. Helmick stated that this proposal is adjacent to a development known as Wild Goose Ranch, which consists of lots of approximately 10-acres in size and staff therefore supports the application be exempt from the conservation development (CD) process and be reviewed through the subdivision process instead. Mr. Helmick pointed out that a letter from the Wild Goose Homeowners Association, of which this development would join, is not willing to change their covenants to allow for smaller lots, which the CD process would require. Building envelopes, Mr. Helmick continued, would be no larger than 3-acres in size in order to minimize the disturbed area on the minimum 10-acre parcels.

Mr. Timothy Martin, the applicant stated that the exception/appeal request is compatible and a site-specific solution with adjacent development.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Martin-Jones Conservation Development Exception/Appeal as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:30 p.m..

LAND USE HEARING

(#104 & 105)

The Board of County Commissioners met with Tom Garton, Chief Building Official at 7:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Doug Ryan, Environmental Planner; and Jean O'Connor, Recording Clerk.

1. BUILDING CODE AMENDMENTS FOR WOODSTOVES AND FIREPLACES: THE AIR PROGRAM AREA IN LARIMER COUNTY IS THE AREA EAST OF RANGE 72 AND AREAS SOUTH OF AND INCLUDING THE SOUTH HALF OF TOWNSHIP 10 RANGE 68, 69, 70, AND 71.

This is a request to repeal amendment that added Section 3102.1.1 to the 1997 Uniform Building Code and add a revised amendment. Staff recommendation is 1. Repeal amendment-adding Section 3102.1.1 to the 1997 Uniform Building Code that took effect July 1, 2000; 2. Add new amended Section 3102.1.1 INSTALLATION to the 1997 Uniform Building Code: ON OR AFTER November 1, 2001, any new or remodeled fireplace to be installed in Larimer County except the area west of Range 71 and areas north of and including the north half of Township 10 Range 68, 69, 70, and 71 shall be one of the following a) A gas fireplace or fireplaces with fixed gas logs; b) An electric device; c) A fireplace or fireplace insert that meets the Phase III emission standards for wood stoves established by the Colorado Air Quality Control Commission or any other clean burning device that is approved by the commission; 3. All previously installed fireplaces and fireplace inserts shall be allowed to remain in use until such time as the owner of that device chooses to voluntarily replace it with a device, which meets the requirements of this amendment; 4. Larimer County, as an incentive to homeowners anywhere in the county to convert to cleaner Phase III wood stove or fireplace, gas or electric fireplace, or a fixed gas log in a fireplace will waive the building permit fee associated with the conversion of or to such units; 5. All wood stoves, new construction or new installation, within Larimer County shall meet Phase III standards as established by the Colorado Air Quality Control Commission; 6. Site or factory built fireplaces will be allowed outside the air emissions area as designated in the official file.

Mr. Garton stated that the original amendment was adopted by the previous Board as a result of an "Action Item" contained in the Larimer County Master Plan. Since Larimer County is the applicant for this item, Chair Rennels opened the hearing for public comment.

Ms. Janet McCaulic, who lives at the City/County line, stated that her husband is asthmatic and requires the use of an inhaler twice a day since the weather has turned colder and people are using their fireplaces. Ms. McCoulic urged to Board to leave the amendment as is since it is a public health issue.

Ms. Margite Antscho, also an asthmatic stated that wood burning is like chemical warfare and noted that she recently moved to Red Feather Lakes area and is still affected by neighbors wood burning. Ms. Antscho noted that "air" is public property and wood burning is a violation of her private property rights. The real issue, Ms. Antscho continued is that people don't want to spend the money to install low emission stoves, so everyone else pays the price.

Ms. Margaret Phillips, an asthmatic, noted that many residents do not properly maintain stoves, but stated that standards must be reduced in Larimer County.

Mr. Bill Miller, a previous member of the Environmental Advisory Board stated that the Code, as is, allows a citizen to file a complaint against an abusive stove/fireplace owner; the proposed changes do not. Mr. Miller stated that Larimer County must continue to eliminate emissions and should not listen to a minority of citizens in remote areas. Citizens living within municipal boundaries are also citizens of Larimer County.

Commissioner Bender stated that automobile emissions are a major contributor to the brown clown and that is why he supported the I-25 Plan. Mr. Miller noted that he did not support the I-25 Plan due to the congestion it would promote and stated that it is possible emissions would be reduced in one area only to increase them in another.

Mr. Mark Easter, representative of the Poudre Sierra Club noted that the I-25 Plan did not address air quality issues and took exception to the fact that Larimer County did no public outreach regarding the proposed amendments and yet there would be much public impact. Mr. Easter reiterated that the County Master Plan calls for the reduction in emissions from wood stoves and noted that approximately 90,000 county citizens, young and old, are affected by small particulate pollution.

Ms. Brigitte Schmidt suggested that the Board should not change a policy to benefit a few, which affects so many others negatively and without recourse. Ms. Schmidt encouraged the Board to accept the recommendation of the Environmental Advisory Board and deny the revised amendments.

Ms. Peggy Birch noted that smoke from wood stoves and fireplaces just "hangs" in the air making the brown cloud very visible. Changing the adopted amendments, Ms. Birch continued is a step backwards in addressing air quality.

Mr. Ramon Ajero requested clarification of the area to be affected by the proposed amendments. Mr. Garton stated in the unincorporated areas of Larimer County and within the designated areas, used wood stoves would be allowed. Mr. Ajero expressed concern over the rational for the proposed amendments and the lack of public input on an issue that affects so many.

Ms. Cherie Trine presented eight letters in opposition of the proposed amendments and were unaware of this hearing. Ms. Trine stated that the current regulations cover new and used stoves and the proposed amendments allow used stoves, which emit more hazardous particulate. Ms. Trine provided much technical information to the Board and encouraged additional public outreach prior to taking any action. Ms. Trine submitted letters from Ms. Rebecca Mann; Ms. Sallie Varner; Mr. Deryl Keney; Dr. William Pool; Ms. Linda Hanson; Mr. Chris Holm; Mr. Erick Stroheim; and Dr. Christine Stauffer.

Ms. Karen Rose addressed the history of wood burning mechanisms and noted that public outreach has been on going since March of 2000. The recommendation of appointed members of Boards and Commissions, Ms. Rose continued, was to deny the current regulation and that the previous Board chose to ignore that recommendation.

Mr. Doug Kindsfater addressed the processes and procedures leading to the adoption of the current regulation and related State statutes. Mr. Kindsfater stated that municipalities adjacent to eastern Larimer County, have no wood burning restrictions, but reserve the right to impose wood burning ban days as needed. Mr. Kindsfater suggested the Board enact "red pollution days".

Mr. Ron Kline reiterated that public input has been received since 2000, noted that he is also asthmatic and has had no problem with the airtight wood stove in his home. Mr. Kline stated that he had spoken to the City of Fort Collins Natural Resources Department and was told that Fort Collins is at a 50% attainment of Federal requirements for the area. Mr. Kline noted that the current regulation is not appropriate for Larimer County, that it is over regulating, and if there is not problem, then a solution is not necessary.

Ms. Lois Pitman stated that State statute excludes areas above 7000-feet and residents who use wood as a primary source of heating and therefore should exclude the Estes Park area.

Ms. Pitman noted that a type of heat should be a choice and asked when campfires were going to be eliminated.

Ms. Nancy York stated that the attainment rate quoted by Mr. Kline pertained to carbon monoxide, not particulates. Ms. York noted that if the current regulation is not making a difference, then why not just leave it alone?

Mr. Mike Doten stated that the item being discussed is a public health issue and that property owners can not keep smoke within their own parcel boundary. Mr. Doten urged the Board not to repeal the current amendment.

Mr. Eric Ravene expressed concern with the hearing and the lack of factual public information. Mr. Ravene stated that stoves should not be "grandfathered" and that all progress has a starting point and the currently adopted amendment was that starting point toward improving the air quality in Larimer County.

Mr. Ken Morson stated that Larimer County has a visual particulate problem and noted that outside the proposed enforcement area would continue to contribute to the public health problems. Mr. Morson stated that additional scientific facts are needed- not summations.

Commissioner Bender stated that so far he has heard no comments that lead one to believe there is a smoke problem in unincorporated Larimer County, only the City of Fort Collins.

Ms. Janna Six explained that her father has emphazema and has difficulty breathing and requested the Board not lower the air quality standards by repealing the current amendment. Ms. Six reminded the Board that Larimer County is expected to grow and air quality will only get worse.

Mr. Easter noted that staff, citizens and the Board need to understand the issue, implications of the issue, should consult with the City of Fort Collins, consider projected growth rate and then form a model using real numbers and include the health care community in discussions.

At this time the hearing was closed to the public. Commissioner Gibson stated that if the recommendation from staff does not change the requirements within the "gray" area of the proposed map, then he could not support that change.

Commissioner Bender stated that public testimony supports a problem in the City of Fort Collins and that his intent is to change non-conforming stoves outside the "gray" area only and continue to require Class III stoves within new construction. Commissioner Bender noted that he supports the installation of masonry fireplaces outside the air emissions area.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners re-open public comment.

Motion carried 3 - 0.

Mr. Kindsfater clarified the meaning of fireplace and suggested the Board change the proposed wording to "Site or Factory Build" Fireplaces.

At this time the hearing was closed to the public.

Chair Rennels suggested the Board consider reviewing the fireplace standards in a year.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners repeal amendment adding Section 3102.1.1 to the 1997 Uniform Building Code that took affect July 1, 2000 and replace with a newly amended Section 3102.1.1 Installation to the 1997 Uniform Building Code to take affect on or after November 1, 2001 as presented and outlined above. Fireplace standards shall be reviewed in one year. Exact wording for conditions 5 & 6 listed above to be determined by staff and legal council and provided to the Board for final action on October 22, 2001 at 3:00 p.m.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners continue the Land Use Hearing for Building Code Amendments for Wood Stoves and Fireplaces to October 22, 2001 at 3:00 p.m.

Motion carried 3 - 0.

TUESDAY, OCTOBER 16, 2001

ADMINISTRATIVE MATTERS

(#106)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager at 9:00 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Chris Kiser, Fairgrounds and Events Center Fundraising Coordinator; Frank Lancaster, County Manager; Ralph Jacobs, Director of Human Resources; Marc Engemoen, Director of Public Works; Melinda Keen, Commissioner's staff; Jerry White, Engineering; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 8, 2001:

M O T I O N

Commissioner Bender moved that the minutes for the week of October 8, 2001 be approved as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 22, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of October 22, 2001 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

A01-150 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TED R. AND CHARLOTTE M. YELEK AND SANDRA C. AND MATTHEW T. HEINES AND MARTHA'S FARM HOMEOWNERS ASSOCIATION FOR MARTHA'S FARM RURAL LAND USE PLAN

A01-151 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SUZANNE VANDEMARK, AKA SUZAN VANDEMARK, AKA SUZANNE ELAINE VANDEMARK AND CHARLOTTE'S FARM HOMEOWNERS ASSOCIATION FOR CHARLOTTE'S FARM RURAL LAND USE PLAN

A01-152 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PHELDOR INVESTMENTS, LLC AND RISTVUE I PROPERTY OWNERS ASSOCIATION FOR RISTVUE I RURAL LAND PLAN

C01-41 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MAXIM SOLUTIONS GROUP, INC FOR CONSULTING SERVICES- Enterprise Imaging Project Consulting for Technical Software Setup

R01-181s FINDINGS AND RESOLUTION APPROVING THE GENZLINGER SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT

R01-182s FINDINGS AND RESOLUTION APPROVING THE ARROWHEAD CONSERVATION DEVELOPMENT

R01-183s FINDINGS AND RESOLUTION APPROVING THE NATURE ESTATES MINOR LAND DIVISION

R01-184s FINDINGS AND RESOLUTION APPROVING THE BIG VALLEY HOMESTEADS II PRELIMINARY RURAL LAND PLAN

R01-185s FINDINGS AND RESOLUTION APPROVING THE FARM AT BLUE MOUNTAIN MEADOWS CONSERVATION DEVELOPMENT PRELIMINARY PLAT

R01-186s FINDINGS AND RESOLUTION APPROVING THE WAGNER MINOR LAND DIVISION

R01-187s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF VISTA GRANDE PLANNED DEVELOPMENT AND PETITION FOR REZONING

R01-188s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOSSIL LAKE PLANNED UNIT DEVELOPMENT THIRD FILING

R01-189s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF SAULCY MINOR RESIDENTIAL DEVELOPMENT LOT 1

R01-190s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE TIMBER PLANNED DEVELOPMENT AND THE PETITION FOR REZONING

R01-191s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MARTHA'S FARM RURAL LAND USE PLAN

R01-192s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CHARLOTTE'S FARM RURAL LAND USE PLAN

R01-193s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR RISTVUE I RURAL LAND PLAN

R01-194z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF BRILL MEDIA

MISCELLANEOUS: Final Plat for RistVue I Rural Land Use Plan; Final Plat for Charlotte's Farm Rural Land Use Plan; Final Plat for Martha's Farm Rural Land Use Plan; and Amended Plat of Lots 1A and B, Block 40, Lots 1A & B, 2A & B, 3A & B and Lot 14A & B, Block 9 of the Amended Plat of Recorded Ramona Heights and a portion of the W 1/2 of Section 28, Township 10 North, Range 73 West of the 6th P.M.

LIQUOR LICENSES: The following licenses were issued Al's Canyon Grill- 6%- Fort Collins, CO and American Legion Post Home Association- 6%- Fort Collins, CO.

Motion carried 3 - 0.

5. REQUEST WAIVER OF POLICY IN ORDER TO MAKE CHANGES TO THE SALARY OF THE FACILITIES OPERATIONS MANAGER: Mr. Jacobs noted that a 5% increase for this position is insufficient to retain the current employee and that a 10% increase is budgeted for the first of the year. Mr. Jacobs requested a waiver of policy to increase this employee's wages 15% in October and then there would be no increase in January. Chair Rennels noted that several facilities have been added to the County recently and supported the increase.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a waiver of policy and allow the salary for the facilities operations manager to be increased 15% to be effective October 2001 and that no increase for this position would occur in January 2002.

Motion carried 3 - 0.

6. APPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE AND CORE SERVICES/PLACEMENT ALTERNATIVES COMMISSION: Ms. Keen requested approval of the following Ann Ruddy and Libby Stoddard- appointments to the Core Services/Placement Alternative Commission- three year terms each to be effective August 1, 2001 through June 30, 2004. Mary Robertson and Kenneth Tharp- appointments to Extension Advisory Committee- three-year terms each to be effective October 1, 2001 through June 30, 2004.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointments to the Extension Advisory Committee and the Core Services/Placement Alternative Commission as presented and outlined above.

Motion carried 3 - 0.

7. DISCUSSION OF FAIRGROUNDS BALLOT CONDITIONS: Mr. Lancaster updated the Board on fundraising efforts and reported that the funds required to be raised by November 1, 2001 have been attained. Mr. Kiser stated that, including letters of intent, the required 3 million dollars has been exceeded. Mr. Engemoen updated the Board on transportation related issues and noted that staff would be working with the City of Loveland and the Colorado Department of Transportation for improvements to County Road 5.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners accept that the ballot language for funding and transportation has been met.

Motion carried 3 - 0.

8. WORK SESSION: Mr. Gluckman reviewed agenda topics for a joint meeting with Weld County. Mr. Gluckman stated that previously, citizens had requested the formation of a Property Owners Advisory Board and noted that the request would be incorporated into the Land Use Code Citizens Technical Monitoring Committee and that the name would likely change.

9. COMMISSIONER REPORTS: Commissioner Bender stated that he attended SDIC Training. Commissioner Gibson noted that he attended a fairground fundraiser and a Poudre Health District Meeting. Chair Rennels also attended the fundraiser for the fairgrounds and noted terrific corporate participation.

10. LEGAL MATTERS: Mr. Hass stated that a final draft regarding the Sauer property conservation easement was not ready for signature, but due to time constraints, requested Board approval for the Chair's signature upon receipt. The documents, Mr. Hass continued would be an Intergovernmental Agreement amendment between the Board and the Cities of Loveland and Fort Collins as well as a deed for said property.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign documents related to the Sauer property conservation easement upon receipt.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 10:45 a.m.

THURSDAY, OCTOBER 18, 2001

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 9:38 a.m. and sited 24-6-402(4)(f) Frank Lancaster, County Manager performance review.

Motion carried 3 - 0.

Executive session ended at 12:25 p.m.; no action was taken.

_______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________

JEAN M. O'CONNOR, CLERK TO THE BOARD

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.