Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Thursday, October 7, 1999

PUBLIC HEARING REGARDING THE

PROPOSED LAND USE CODE

(#518)

The Board of County Commissioners met at 3:00` p.m. with Larry Timm, Director of Planning, for a Public Hearing regarding the proposed Land Use Code. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Dr. David Cooper, CSU; Chris Williams, CSU; Al Kadera, Planner II; Marc Engemoen, Director Public Works; Mark Peterson, County Engineer; Jill Bennett, Senior Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson stated that the first item would be to approve the Minutes from the September 29, 1999 Proposed Land Use Code meeting.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes from the September 29, 1999 Proposed Land Use Code meeting.

Motion carried 3-0.

Dr. Cooper noted that he was invited to this meeting to discuss the two main wetlands issues that need to still be resolved: 1) The definition of wetlands, and 2) The proposed buffer widths between the wetlands and development. Dr. Cooper presented overhead slides of the two definitions of wetlands, the first being the U.S. Army Corps of Engineers definition which is used in the regulation of the Clean Water Act, and the second being the Fish and Wildlife Service definition; he explained that these definitions have been in use for over 20 years. Dr. Cooper recommended using both definitions in the proposed Land Use Code in order to address both the biological and ecological concerns that accompany wetlands. Commissioner Rennels noted that there has been some concern with the third attribute under the Fish and Wildlife definition which states that if "The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year" then it could qualify as a wetland; she asked if that third attribute could be removed since it seems very loosely defined. Some discussion ensued and Dr. Cooper stated that he would revise and resubmit the Fish and Wildlife Service definition of wetlands for the Board to review and consider. Commissioner Disney noted that it would be a good idea to create an educational brochure to inform the public of how important wetlands are. Dr. Cooper stated that he had created such a brochure in the past entitled The Citizens Guide to Wetlands Protection and offered to provide a copy to the Board.

Dr. Cooper then presented some overhead slides pertaining to buffer zones between wetlands and development. Some discussion ensued regarding the difference between Dr. Cooper's recommendation and the recommendation of the Planning Staff that is worded in the proposed Land Use Code. Commissioner Disney stated that he is comfortable with the wording in the proposed Land Use Code knowing that an applicant would be able to get a variance for the buffer zone if need be; however, the Board requested Mr. Kadera to add to the "Note:" under section 8.2.8.A that the buffer width could be decreased as well as increased. The Board also requested Dr. Cooper to review the plant list in the Landscape Guide, and to assist Planning staff with a definition for riparian.

PAGE 4-2 OF THE LARIMER COUNTY ROAD MANUAL

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the following change to Page 4-2 of the Road Manual: Add "4.3.A.4 Gravel roads, where permitted, shall be surfaced with a minimum of 4 inches of crushed rock or gravel or other material (such as recycled asphalt) acceptable to the County Engineer placed on a compacted subgrade."

Motion carried 3-0.

8.14.7 - ROAD SURFACING REQUIREMENTS AND PAGE 4-2 OF THE LARIMER COUNTY ROAD MANUAL

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the recommendation of the Planning Commission and deny the following: "All roads should be paved which take access directly from a paved County or State road, no matter the number of daily trips."

Motion carried 3-0.

12.6.4 - WARRANTY COLLATERAL

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve of the County Engineer's recommendation to increase the required Warranty Collateral from 5% to 15%.

Motion carried 3-0.

PAGE 4-3, TABLE 4-1 OF THE LARIMER COUNTY ROAD MANUAL

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the County Engineer's recommendation to remove the references to "major" and "minor" arterial classifications, and use only "Arterial" as a functional road class. This will also eliminate a column from Table 4-1.

Motion carried 3-0.

PAGE 4-3, TABLE 4-1 OF THE LARIMER COUNTY ROAD MANUAL

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the Planning Commission's recommendation and deny an increase in the minimum dedicated right of way width from 60 to 64 feet.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue this hearing to October 11, 1999 at 1:30 p.m., at the Larimer County Commissioners Conference Room, 200 West Oak Street, Fort Collins, Colorado.

Motion carried 3-0.

Meeting adjourned at 5:05 p.m.

 

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

_________________________________

Gael M. Cookman, Deputy County Clerk

 

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