> Meetings & Minutes > 2004 Minutes > BCC Minutes for 11/15/04  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, NOVEMBER 15, 2004

 

LAND USE HEARING

(#134)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner; Chair Rennels presided and Commissioners Gibson and Bender were present.  Also present were: Matt Lafferty, Planning Department; Christie Coleman, Engineering Department; Jim Reidhead, Rural Land Use Center; Doug Ryan, Environmental Health; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code.  No one from the audience addressed the Board regarding this topic.  Chair Rennels noted that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  COYOTE RIDGE PRELIMINARY PLAT TIME EXTENSION:   This is a request for a one-year time extension for the Coyote Ridge Preliminary Plat.  On November 17, 2003, the Board of County Commissioners approved a preliminary plat for the Coyote Ridge subdivision.  That preliminary plat provided for the subdivision of 76.24 acres into a five (5) lot “open space” subdivision, including 42 acres of permanently deed restricted open space.  Preliminary plats are valid for one year from the date of approval.  Within that one-year timeframe, Final Plats are supposed to be filed, or the plat becomes null and void.  Staff recommendation is for approval of the requested time extension with the following conditions:  1. Full compliance with the approved Preliminary Plat.  2.  Compliance with applicable revisions of the EVDC, should any occur.

 

2.  WESTOVER MANOR LOT CONSOLIDATION:  This is a request is for lot consolidation of three contiguous lots.  On August 16, 2004, the Board of County Commissioners approved the vacation of an unused portion of the Fish Creek Road right-of-way.  A condition of approval was to combine Lots 2A, 23, and 26 through the “lot consolidation of contiguous lots” process.  The applicant is following through on that condition.  The purpose for the lot consolidation is to alleviate the non-conformity of an accessory structure built on existing Lot 2A.  The structure is accessory to a single-family dwelling located on Lot 26.  The Estes Valley Development Code requires that accessory structures be located on the same lot as the principal structure.  Staff recommendation is for approval of the requested consolidation of Lots 2A, 23, and 26 of Westover Manor.

 

3.  OLYMPUS HEIGHTS AMENDED PLAT:  This is a request to combine three platted lots and portions of two other lots into a single lot of record.   The purpose of the amended plat is to allow an existing single-family residence to be expanded.  The house, located on current Lot 30, encroaches onto current Lot 31, and is therefore non-conforming.  The owner desires to expand the house, which would further encroach onto Lot 31.  The elimination of the intervening lot lines will allow for the expansion and alleviate the nonconformity of the house.  In addition, this lot consolidation will solidify the perimeter property lines, and re-establish property pins.  This proposal complies with applicable sections of the Estes Valley Development Code.  Staff recommendation is for approval of the requested Amended Plat of Lots 30, 31, 32, the south ½ of Lot 26, and a portion of the southwest corner of Vista Park, Olympus Heights subject to the findings recommended by the Planning Commission:

 

1.   Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”

2.   This is a request by Lyman Cass to combine three lots of record into a single lot of record. 

3.   The site is located at 250 E. Olympus Lane, within unincorporated Larimer County.

4.   This proposal complies with applicable sections of the Estes Valley Development Code.

5.   This lot consolidation will solidify the perimeter property lines, and re-establish property pins. 

6.   This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

7.   Within thirty (30) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this thirty-day period, the approval shall automatically lapse and be null and void.

 

4.  RIGHT OF WAY AND EASEMENT VACATION FOR BOLD VENTURE WAY AND AMENDED PLAT FOR LOT 5 DOUGLAS FARM EXEMPTION; 04-S2348:  This is a request to amend plat and vacate right-of-way and utility easement on Bold Venture Way through Lot 5.  Bold Venture Way is being redesigned to change how it accesses the County Road to meet improved engineering design.  This redesign requires vacation of the existing right-of-way and utility easement through Lot 5 with new right-of-way and utility easement being platted with the realignment of the road.  The current platted alignment of Bold Venture Way occupies an existing road which serves Lots 5 through 10 of the Douglas Farm Exemption.  In order to enhance safety at the intersection of County Road 13, the applicants and owners of these lots have requested a change in the road alignment.  Bold Venture Way is being redesigned to improve sight distances and enter the County Road with a perpendicular alignment rather than the oblique alignment of the historic access which enhances safety at this intersection.  This redesign requires vacation of the existing right-of-way and utility easement through Lot 5 with new right-of-way and utility easement being platted with the realignment of the road.  Lots 6 through 10 will remain unchanged.  In addition, with the realignment of Bold Venture Way, it will now align with an existing street on the east side of the project, so the street name will change from Bold Venture Way to Grey Rock Drive in accordance with County road-naming protocols. Approval of the Douglas Farm Exemption was granted by the Larimer County Board of Commissioners on January 27, 2003, with the with the Final Plat, Development Agreement, and other related documents recorded on January 30, 2003, at Reception Nos. 2003011544 thru 2003015032 of the Larimer County Records.  This application was forwarded to the appropriate departments and agencies for comment.  The responses from other agencies reveal that there are no other issues of concern. A referral was sent to the Poudre Fire Authority and no comments were received. Staff recommends approval of the Amended Plat and Right-of-way and easement vacation for Douglas Farm Exemption 01-S1800, File # 04-S2347, with the following condition:  1. Vacation of the right-of-way and utility easement and amended plat shall not be effective until the plat or any other necessary document modifications, as required by the County, are approved by the County and recorded in the Larimer County Records.

 

5.  MCDONOUGH MINOR RESIDENTIAL DEVELOPMENT #2 TRACT 2 AMENDED PLAT; 04-S2354:   This request is to amend the plat of Tract 2, McDonough Minor Residential Development to create a separate non-buildable outlot and designate the remainder of the property as lot 1. This outlot will be conveyed to the adjoining landowner to resolve an adverse possession claim.  The replatting of the property to create this outlot and convey it to the adjoining landowner is necessary to allow the applicant to settle the civil action.   No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: 1.  The Larimer County Department of Health and Environment; 2.  The Land Surveyor of the Larimer County Engineering Department; and 3. The Larimer County Engineering Department Development Review Team  The proposed Amended Plat of Tract 2, McDonough MRD #2, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional buildable lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.  The Development Services Team Recommendation is for approval of the Amended Plat of Tract 2, McDonough MRD #2 (04-S2354) to be known as Lot 1 of the Amended Plat of Tract 2, McDonough MRD #2 subject to the following conditions: 1.  All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by May 15, 2005 or this approval shall be null and void.  2.  The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original MRD approval.  3.  Technical corrections requested by Larimer County Engineering shall be made prior to recordation of the plat.  4.  The outlot shall not be used as a building envelope or for any building purposes. 

 

6.  ASHCROFT KENNELS AMENDED SPECIAL REVIEW; 04-Z1518:  This is a request to allow an increase in kennel occupancy to the existing Ashcroft Kennels dog facility which is adjacent to County Road 3, North of Colorado and Southern Railroad and South of Harmony Road.  The existing kennel facility received their initial special use permit on July 28, 1992.  This permit was for a 20 dog facility that could expand to 40 dogs. The request to expand the kennel capacity to 40 dogs was approved on March 15, 1996.  In January of 2000 the applicant applied to expand their special use permit from 40 to 80 dogs and to construct and additional kennel building.  This expansion request was approved on December 18, 2000.  As indicated, the subject request is to expand the current use from 80 to 160 dogs.  This expansion will not require any new structures because the site was designed for additional space to accommodate families with more than one dog.  This site contains a single-family residence and two buildings that contain a total of 108 indoor kennels.  The site also has two outdoor exercise areas where the dogs are exercised 3-4 times a day; however, they spend the majority of their time indoors.  Based on the current design of the kennel facility the applicant can accommodate 188 dogs.  This design is based on the indoor kennels being able to accommodate 108 single dogs or 24 singles and 84 doubles for a total of 188 dogs.   A review of the application for compliance with current standards has been conducted.  The review provided adequate evidence that the site will be served with adequate public facilities, which includes water for fire protection and general use, sewer, roads, access, landscaping, and drainage.  The results of the review also reveal that the proposed expansion is consistent with the Larimer County Master Plan and the Larimer County Land Use Code.   While no major issues of concern are evident with this application, the following aspects of the application will need to be resolved after the application is presented to the Board of County Commissioners.  1.  It has been determined during the review that increases in the volume of traffic associated with the proposed use will require that a Transportation Capital Expansion Fee be collected.  The number of additional trips associated with this project has been averaged over a year and is calculated as 8 new trips a day.  The transportation fee for these additional trips is $1,518.00.   As a final note, Site Plan Review is required for all non-residential uses, unless circumstances arise that would make such an application unnecessary.  In this instance the applicant has provided sufficient additional information during the Special Review process that there will be no need to perform additional review.  However, if any of the proposed uses that are not illustrated on the Special Review site plan are added to the site in the future a Site Plan Application would be required for those additions.  Based upon the review of the proposed application to expand the capacity of the Ashcroft Kennel, staff believes that the applicant has demonstrated compliance with the applicable standards for a development of this type and intensity.  Staff believes that this use will not have any adverse impacts to the properties and uses in the area. 

 

Development Services Team Findings are as follows:  1. The proposed capacity expansion to the Ashcroft Kennels will not adversely affect wildlife or wetlands; 2. Natural Hazards will not be affected by this application because none exist on the site.  3.  The proposed capacity expansion to the Ashcroft Kennels is compatible with existing and allowed uses in the surrounding area and will be in harmony with the neighborhood; 4. The proposed capacity expansion to the Ashcroft Kennels is consistent with the County Master Plan. 5. The proposed capacity expansion to the Ashcroft Kennels will not exceed air, water, odor or noise standards established by County, state or federal regulations; 6. The proposed capacity expansion to the Ashcroft Kennels will not adversely affect property values in the area affected by the proposed use; and 7.  The proposed capacity expansion to the Ashcroft Kennels will comply with all requirements of this code and all applicable County, state and federal regulations.  Development Services Team recommendation is for approval of the Amended Special Review application for the Ashcroft Kennels capacity expansion (file # 04-Z1518) subject to the following conditions:  1.  Within 45 days of the Board of County Commissioners approval the applicant shall pay the Transportation Capital Expansion Fee of $1,518.00.  2.  The kennel facility shall operate in conformance with the County Noise Ordinance.  3.  Licensing approval from the Colorado Department of Agriculture Animal Industry Division shall be obtained prior to expanding the number of dogs.     

 

7.  BUCKNER NORTH EXEMPTION, PARCEL 2 EASEMENT VACATION; 04-S2357:  This is a request to vacate an existing 100 foot wide drainage and utility easement along the western boundary of Parcel 2 of the Buckner North Exemption.  In August 1986 the Board of County Commissioners approved the Buckner North Exemption, which created two parcels being 2.0 acres in area each.  In June of 2004 a Site Plan Application for Sanders Plumbing was submitted to the Larimer County Planning Department.  The site plan was to consider a Plumbing business on Parcel 2 of the Buckner North Exemption.  In October of 2004 an application was submitted to vacate a 100 foot wide drainage and utility easement situated along the eastern site of the property adjacent to Highway 287. 

 

The proposed application to vacate a 100 foot wide utility and drainage easement has been submitted in response to the applicants request for site plan review and approval for Sanders Plumbing.  The review of the site plan is complete but cannot be approved due to the location of the proposed building within the existing easement.   Since the approval of the Buckner North Exemption several of the properties to the south and west of the site have developed, which during the development of these properties a drainage retention and detention basin was constructed.  As a result of this drainage basin, storm water detention normally required on a site by site basis is no longer necessary for the subject parcel as the storm water generated by this site will drain to the existing basin.  As such the drainage and utility easement platted on the subject property has been deemed unnecessary as the utility companies have already place utilities in other locations and the storm water drainage flows to the existing basing west of the property.  Therefore, given the changes to the area the existing drainage and utility easement on Parcel 2 of the Buckner North Exemption is no longer necessary and the Development Services Team supports the its elimination. As part of the application material for this request, the applicant has submitted a utility checklist form that has been signed by the utility providers indicating no objections to the proposed request.  Development Services Team findings include:  1. If approved the proposed easement vacation will not affect any existing or proposed utilities for the site or adjacent properties.  2. The applicant has notified, without objection, all utility companies that may be affected by this vacation. 3. The vacation of the easement will not affect existing or proposed drainage patterns within the area.  Development Services Team recommendation is for approval of the Utility and Drainage Easement Vacation on Parcel 2 of the Buckner North Exemption as proposed.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

8.  HECKENDORF RURAL LAND USE PLAN; 04-S2298:   The proposal for the Heckendorf Preliminary Rural Land Plan is to divide approximately 352 +/- acres into twenty (20) single-family residential lots on about 69 +/- acres and one (1) residual lot (private open space) on about 283 acres.  The residual land parcel will remain in agricultural production and will be protected from further development for a minimum of 40 years by a recorded covenant or a deed restriction, as required under the RLUP. 

 

The property is located in Section 10, Township 9 North, Range 69 West.  It is generally located northwest of the Town of Wellington and the community of Waverly, between the northwest corner of County Roads 17 and 70 and the southwest corner of County Roads 17 and 72.  The property consists of irrigated farm land and dryland pasture.  There are two proposed clusters of residential lots.  One 13-lot cluster is at the north and northeast boundary of the RLUP property; another 7-lot cluster is at the southeast end of the property.  The northern cluster will have access to County Road 72 and two locations and the south cluster will have access to County Road 17 at two locations.  Both county roads have an all-weather gravel surface.  The lot sizes will range from 2.8 to 4 acres.  The residential lots were designed to avoid sensitive wetland areas and the irrigation ditch that defines the south boundary of the property.  The clusters were also kept compact in order to retain as much irrigated ag land as feasible.   In order to minimize infrastructure installations and pull back from the southwest view corridor of neighbors to the north, four lots originally proposed for the northwest corner of the project have been consolidated with the lots to the east.   Both residential clusters were designed to encroach minimally on the neighbor’s western view corridors.  Northern Colorado Water District will provide domestic water for the residential lots.  The applicant is proposing architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures. 

 

There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by general growth along the Front Range, as well as by pressure specifically associated with growth in Fort Collins, Waverly and Wellington.  The proposed density of the Heckendorf Rural Land Use project, one unit per 17.6 acres, appears to be compatible with the neighborhood.  The surrounding properties consist of parcels ranging in size from 2.9 acres up to 556 acres. Another Rural Land Plan, Diamond Farms RLUP, is located just east of this property.  It has 16 residential lots and 2 Residual Lots that are currently being farmed.  Irrigated cropland and a vegetable processing facility owned by Grant Family Farms, the county’s largest organic producer, are northeast of the subject property.  The Horseman Hills Subdivision recorded in May of 1973 and containing 46 residential lots on 160 acres, is located within ½ mile of the Heckendorf property at the northwest corner of County Roads 15 and 72.  The area generally consists of a mix of development with agricultural uses.  The subject property could be divided into ten (10) 35-acre parcels with no County input; potentially up to 35 residential lots could be approved through the Conservation Development process with the provision of adequate public facilities.

 

The non-developable residual land, approximately 283 +/- acres and comprising roughly 80% of the property, will be contained in one residual land lot.  The residual land will be protected from further development by a protective covenant for a minimum of 40 years and it will have a use plan to foster its long-term health.  The owners of the residual land parcel will be responsible for maintaining the residual land.  Because it is an integral part of his farming operation, the applicant plans to retain ownership of the residual land and continue its historic use as irrigated farmland and dryland pasture. Homeowners’ association covenants will also be prepared and address the following issues: Maintenance of internal private access roads, architectural control and design guidelines and management of large animals.   A neighborhood meeting was held on June 23, 2004, at the Leeper Center in Wellington.  Approximately fifteen area residents and interested citizens attended. The main concerns were regarding:  1.  Additional traffic; 2. Architectural controls; 3. Lot sizes and placement of homes; 4. Number of  accessory buildings allowed on lots.   Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

Staff findings are as follows:   This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.   Support for the Heckendorf Preliminary Rural Land Plan is based on the following:  1.  Applicant’s planning and design rationale for the project, which is consistent with the RLUP.  2.  Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat. 3. The plan is generally compatible with the existing neighboring land uses. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review.  The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

 

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  Those benefits are summarized below:

·  Protective covenant on residual land with difficult reversion process at end of 40 years.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through subdivision process.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

Staff recommendation is for approval of the Heckendorf Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced.  Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado.  Internal roads may be contained in a private access and utility easement.  Proposed accesses must be placed a minimum of 300 feet from any existing access points or approved by the Larimer County Engineering Department.  Right-of-way requirements in the Larimer County Transportation Plan must be dedicated on the final plat for County Roads.  Any lot that borders a County Road may not have direct access to that County Road and must take their access from the internal roads.  Internal road connecting the east and west portions of the north 13-lot cluster shall be connected and continuous.  Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code. 

2.   Representative soil tests must be completed and the lot sizes and locations approved by the County Health Department before final approval.

3.   Public water shall be provided for this project.  A letter of commitment from the Northern Colorado Water Association (NCWA) must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by NCWA.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

4.   Any building envelopes located on the plat shall be located outside any floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code.

5.    The wetlands adjacent to the stream must be surveyed and mapped.  The final plat must include a buffer along the wetland vegetation/wildlife habitat adjacent the canal and the existing stream.

6.   If construction earthwork is to occur between March 1 and October 31, the area should be checked for the presence of burrowing owls by a qualified environmental consultant prior to any earth-moving taking place.  If burrowing owls are present, then a mitigation plan must be reviewed and approved by the County Environmental Planner.

7.   A fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before final approval OR The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received

8.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

9.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

10.   The final Development Agreement must be reviewed and approved by the County Attorney prior to final plat approval.

11.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

12.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   A note about the fire protection plan needs to be added, when it is determined or the following note shall be used:  The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

b)   LOT SALE PROHIBITION.  Developers will execute a Lot Sale Prohibition Agreement which stipulates that Lots 1 through 20 and/or Residual Lot(s) A cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed.

c)   Passive radon mitigation measures shall be included in construction of structures designed or habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

d)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat.  If a structure is within 5’ of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

f)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

g)   Many species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

h)   Pets must be contained on property, either by leash or enclosure.

i)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

j)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

k)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

l)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

m)   Larimer County has adopted a Right to Farm Resolution.

n)   The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

o)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

p)   At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

q)   The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

r)   Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Reidhead introduced the applicant and briefed the Board on the background and history of this project.  Mr. Reidhead noted that the applicant may be involved in a zoning violation, but that the property relating to the violation is not part of this proposal.   Mr. Reidhead stated that the proposal calls for a gated emergency access road between the two northern lot clusters.  Chair Rennels questioned why the road would not be paved all the way through.  Mr. Reidhead deferred to the applicant to answer this question.  Mr. Francis A. Heckendorf Jr., applicant, addressed the Board and first clarified that he did not know that the house he purchased did not have a building permit on file with the county and he is working to clear up the zoning violation.  Mr. Heckendorf stated that he wants to build quality and well maintained residential homes; he noted that he has asked for input from his neighbors regarding the covenants as he wants the adjoining neighbors to be satisfied.    Chair Rennels asked if there would be any modular homes allowed. Mr. Heckendorf replied that modular homes would not be allowed, and that this would be a first class project.  Mr. Jack Blake with Stewart Engineering, engineer for the applicant, explained the reason for the gated access was basically to save extending and maintaining the approximately 600 feet of road surface to connect the two access points, and to also discourage people from driving in and looping through the neighborhood.  Lou Kinsley, developer for the applicant, stated another reason they did not propose connecting the roads was so that the two lots sitting on this road would have more privacy.  Chair Rennels asked Ms. Coleman to explain the Engineering Department's opinion on this gated emergency access road.  Ms. Coleman stated that this road is really not for day to day traffic and that they try to leave options open to the applicant by not regulating the roads to this level within a Rural Land Use Plan.  Chair Rennels opened the hearing up for public comment, and no one addressed the Board with comments on this item.  Chair Rennels stated that she supports the project; however, in her opinion the gated emergency access is unnecessary and will probably create more problems in the long run.  The Board asked the applicant if they would consider removing the gated access and extend the road all the way through.  The applicant was in agreement with this condition; therefore, reference to the gated emergency access was removed from the conditions outlined above.  Some additional discussion ensued regarding surveying the land and soil constraints. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Heckendorf Preliminary Rural Land Plan subject to the amended conditions as recommended by the Rural Land Use Center Director and outlined above.

 

Motion carried 3-0.

 

There being no further business, the meeting recessed at 3:45 p.m.

 

PUBLIC HEARING ON THE

2003 NON-RESIDENTIAL INTERNATIONAL CODES

ADOPTION AND PROPOSED AMENDMENTS

(No Audio Available)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Planning Director.  Chair Rennels presided and Commissioners Gibson and Bender were present.  Also present were: Tom Garton, Building Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  2003 NON-RESIDENTIAL INTERNATIONAL CODES ADOPTION AND PROPOSED AMENDMENTS:   This is a request for approval in adopting the 2003 International Building Code (IBC), 2003 International Plumbing Code (IPC), 2003 International Mechanical Code (IMC), 2003 International Fuel Gas Code (IFGC), 2003 International Energy Conservation Code (IECC), 2003 International Existing Building Code (IEBC) and proposed amendments, and  repealing the currently adopted 1997 Uniform Building Code (UBC), 1997 Uniform Plumbing (UPC),  1997 Uniform Mechanical Code (UMC), 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1977 Colorado Energy Conservation Standards to be effective November 17, 2004. 

 

Mr. Garton explained the history on this proposal noting that Larimer County, for many years, has been administering the 1997 Uniform Building Code, which has been developed by ICBO.  Recently, the three model building code groups (ICBO, SBCCI, and BOCA) have merged into one organization called the International Code Council (ICC), producing the International Codes.  The ICC divided the residential portion out of the codes to create one code book.  The International Residential Code (IRC) is that code book and has the building, energy conservation, plumbing, mechanical, fuel gas, and electrical codes in one code book, instead of six separate code books.  The IRC was adopted by the Board of County Commissioners and it goes into effect November 17, 2004.  Now we are proposing adoption of the remainder of the new Codes, the Non-Residential International Codes and proposed amendments. The Non-Residential International Codes will apply to nonresidential buildings. 

 

By adoption of the 2003 Non-Residential International Codes, the currently adopted 1977 Colorado Energy Conservation Standards, the 1997 Uniform Building (UBC), Plumbing (UPC), Mechanical (UMC), and Abatement of Dangerous Building Codes will be repealed.  It is intended that the building fee schedule will no longer be in the building code, but instead will be approved administratively by the BCC.

 

Larimer County has had joint meetings with the City of Fort Collins, City of Loveland and contractors for the last year and half regarding the 2003 International Code and proposed amendments.  In addition, the Colorado Chapter of the International Code Council has had code training on the International Codes in Fort Collins, Loveland and Estes Park.  It is anticipated that Weld County, and the cities of Fort Collins, Loveland, Berthoud, Windsor and Estes Park will also be adopting the International Codes in the near future.   Two weeks notice of this public hearing has been posted in local newspapers in Fort Collins, Loveland, and Estes Park.  Also, newsletters were sent to contractors and an article was posted in the “Hot Topics” section of the County’s web site.  There have been no public comments received from these notices.  The Board of Appeals reviewed the proposed amendments to the Non-Residential International Codes and voted to recommend approval.  Their letter of recommendation to approve the Non-Residential International Codes and proposed amendments is attached.  The County Planning Commission, at its October 20 public hearing on this matter, recommended adoption as well.

 

Further, there has been a request from Commissioner Rennels since the Planning Commission to add an exception to exempt water heater replacement from requiring a permit.  An option has been provided for review that may be added to the proposed amendments for the International Residential Code and the International Plumbing Code.  Staff recommendation is for approval and adoption of the 2003 International Building Code, 2003 International Plumbing Code , 2003 International Mechanical Code , 2003 International Fuel Gas Code, 2003 International Energy Conservation Code, 2003 International Existing Building Code and proposed amendments, and  repeal the currently adopted 1997 Uniform Building Code, 1997 Uniform Plumbing Code,  1997 Uniform Mechanical Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1977 Colorado Energy Conservation Standards to be effective November 17, 2004, per recommendations from the Board of Appeals and the Planning Commission.

 

Mr. Garton presented the Board with a handout indicating the pros and cons of exempting hot water heaters from requiring a permit; he noted that one of the cons would be an approximate loss of $3000 to the Building Department, which is an enterprise fund and depends solely upon the fees collected to operate.  Some discussion ensued and the Board was in agreement to support allowing exemption from the permit requirement for replacing a hot water heater as long as it was installed by a licensed plumber and the heater being replaced was the same size water heater or smaller.  Chair Rennels asked for public comment and nobody from the audience addressed the Board regarding this issue.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners adopt the 2003 International Building Code, 2003 International Plumbing Code , 2003 International Mechanical Code , 2003 International Fuel Gas Code, 2003 International Energy Conservation Code, 2003 International Existing Building Code and proposed amendments, contained in the staff report of November 15, 2004, with the addition of permitting the same size water heater or smaller, to be replaced with out requiring a permit, and  repeal the currently adopted 1997 Uniform Building Code, 1997 Uniform Plumbing Code,  1997 Uniform Mechanical Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1977 Colorado Energy Conservation Standards to be effective November 17, 2004, per recommendations from the Board of Appeals and the Planning Commission.  

 

Motion carried 3-0.

 

11152004R001           RESOLUTION ADOPTING THE 2003 NON-RESIDENTIAL INTERNATIONAL CODES AND AMENDMENTS

 

The following is a complete listing of the changes and amendments to above referenced codes:

 

2003 INTERNATIONAL CODES AMENDMENTS NOTE:

2003 International Building Code, pages 4-12;

Wildfire Hazard Mitigation, pages 13-15;

Appendix and International Existing Building Code, page 16;

2003 International Mechanical Code, pages 17-19;

2003 International Plumbing Code, page 20;

2003 International Energy Conservation Code, page 21;

2003 International Fuel Gas Code, pages 22-24.;

 

Bold Italic text indicates the changes made;

Highlighted text have been added to the code,

and strikethrough is deleted text from the code.

Proposed Amendments to the 2003 International Building Code,

2003 International Existing Building Code,

2003 International Mechanical Code, 

2003 International Plumbing Code, 

2003 International Energy Conservation Code,

and the 2003 International Fuel Gas Code.

 

2003 International Building Code (IBC)

 

Chapter 1

Administration

 

The following sections are amended as follows:

101.1 Title. These regulations shall be known as the Building Code of [Name of Jurisdiction] Larimer County, hereinafter referred as “this code.”

 

101.4.4 Plumbing.  Amend the last sentence to this leading paragraph to state the following;

The provisions of the International Private Sewage Disposal Code most recent edition of the Larimer County Individual Sewage System Regulation enforced by the Larimer County Health Department shall apply to private sewage disposal systems.

 

101.4.5 Property Maintenance.  Subsection is hereby deleted in its entirety.

 

101.4.6 Fire Prevention. The provisions of the International Fire Code the Fire code adopted and enforced by the applicable Fire District shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

 

103.1 Creation of enforcement agency. The Department of Building Safety Building Department is hereby created and the official in charge shall be known as the building official.

 

105.2 Work exempt from permit.

Also amend this section by adding items # 14 to read as follows:

14.   Minor work valued at less than two thousand dollars ($2000.00) when such minor work does not involve alteration of structural components, fire-rated assemblies, plumbing, electrical, mechanical, fire-extinguishing systems, or repairs or clean up of dangerous buildings.

 

Amend by changing the subsection to read:

105.5 Expiration.  Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue.  Every permit shall also become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issue of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or if the person or entity to whom the permit is issued fails to request a first inspection within 180 days of the date of such permit.  Before such work can be recommenced, a new permit shall be first obtained to do so.  The fee for such new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year.  Changes in the plans and specifications shall require an additional permit fee and plan review fee as described in Section R108.  Any nullified permit where the suspension or abandonment has exceeded one year will require the permittee to pay a new building permit fee based on the current project valuation.  Any person/permittee holding an unexpired and valid permit may apply for an extension of time to commence work, return to work, or complete work under that permit by submitting a written request describing good and satisfactory reasons for such extensions.  This request must be received prior to the date on which the original permit expires or becomes null and void.  The building official shall determine whether the reasons for such extension are sufficient to approve the extension and the length of extension. An extended permit is valid for up to 18 months from date of the extension, does not require compliance with codes adopted since the original permit was issued, and does not require payment of new fees.  The building official may approve further modification to the three year expiration date due to hardship, such as, death, serious health problems, foreclosure, bankruptcy, or involuntary property transfer imposed by law.  The permittee shall submit a letter documenting the hardship, pay an extension fee and provide a definitive time when the structure will be completed.

 

108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the fee schedule as established by the applicable governing authority Larimer County.

 

The following subsection is hereby added as follows:

108.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called for is not complete or when corrections called for are not made.  This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling inspections before the job is ready for such inspection or re-inspection.  Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for deviating from plans approved by the building official, or for failure to post a readily visible address.  To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with Larimer County fee schedule.  In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 

 

110.2 Certificate issued.  After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety the building department, the building official shall issue a certificate of occupancy. that contains the following:

 

Also amend this section by adding Exception to read as follows:

            EXCEPTION: Shell Buildings, Group U Occupancies and Miscellaneous Permits; a letter of completion will be given upon request.

 

110.3 Temporary Certificate of Occupancy. 

The following sentence has been added to read as follows.

There will be a fee for Temporary Certificate of Occupancies as set forth in the fee schedule.

 

The following subsection is hereby added to read as follows:

112.4 Administration.  Persons desiring to appeal a decision of the building official to the Board of Appeals shall at the time of making such appeal, pay to the Larimer County Building Department a docket fee as specified in the Larimer County fee schedule.  Written notice of hearing shall be given to all parties concerned at least three (3) days prior to the hearing or by mailing the same to such parties' last known address by regular mail.  The Board shall, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof.  The building official shall take immediate action in accordance with the decision of the board. All meetings or hearings shall be open to the public.

 

 

Chapter 2

Definitions

 

202 Definitions.  The following definitions are hereby added:

CABIN - A structure that contains at least one habitable room for living, sleeping, eating, cooking and sanitation that is designed, arranged and intended to be occupied by one occupant or living unit. Structures will be considered a cabin only when one of the following is not present; a sanitation system, a potable water system, a hot water heater or a primary heat source.  Cabins will not be issued a Certificate of Occupancy.

FAMILY - Any number of persons who are related by blood, marriage or adoption.  A single family dwelling may be occupied by one living unit which is one family plus two individuals who live with the family.

LIVING UNIT- One family, plus up to two additional individuals whose place of residence is with the family in the dwelling unit.

PRIMARY HEAT SOURCE - A heating system capable of maintaining room temperatures at 68 degrees Fahrenheit at a point three feet above the floor in all habitable rooms during cold, inclement weather at all times, even when the structure is not occupied.

 

Chapter 3

Use and Occupancy Classification

 

310.1 Residential Group R.  Is hereby amended by adding the Cabin occupancy group:

R-5 – Cabin – A structure that contains at least one habitable room for living, sleeping, eating, cooking and sanitation that is designed, arranged and intended to be occupied by one occupant or living unit. Structures will be considered a cabin only when one of the following is not present; a sanitation system, a potable water system, a hot water heater or a primary heat source.  Cabins will not be issued a Certificate of Occupancy.

 

312.1 General. This section is hereby amended by adding the following:

Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U occupancies as listed in this section shall not exceed 3,000 square feet (278.709 sq. meters). Utility and miscellaneous structures that exceed 3,000 square feet (278.709 sq. meters) shall comply with the requirements of Appendix C of this code or the requirements of the occupancy group which they most resemble based upon their use. Group U as classified in this section shall include, but not be limited to, the following:

 

Chapter 4

Special Detailed Requirements Based on Use and Occupancy

 

The subsection is amended as follows:  

 406.1 Classsification.  Buildings or parts of buildings classed as Group U Occupancies because of the use or character of the occupancy shall not exceed 1,000 1,500 square feet (139.355 sq. meters) in area or one story in height except as provided in section 406.1.2. Any building or portion thereof that exceeds the limit specified in this chapter shall be classed in the occupancy group other than Group U that it most nearly resembles. For Group U Division 3 occupancies see Appendix C in the International Building Code.

 

Chapter 6

Types of Construction

 

Amend Table 601 by adding the following footnote to such table:

g. An automatic sprinkler system, when installed as an alternate to providing fire containment areas, as specified in the Chapter 9 amendment, may be used as a substitution for one hour fire-resistive construction throughout.

Chapter 7

Fire-Resistance-Rated Construction

 

702.1 Definitions.   Amended by adding the following definition: 

Fire-Containment Area. A portion of a story or basement which is totally enclosed by a smoke and draft barrier of not less than 1-hour, fire-resistive construction. All door openings penetrating such fire-containment areas shall be protected by a tight-fitting, smoke and draft control assembly as specified in Sections 715.3.3, 715.3.5 and 715.3.7.  Openings other than doors and ducts shall be protected as specified in Sections 715.4 and 715.3.3 and shall be limited to a maximum of 25 percent of any one wall, in compliance with section 715.4.7.2. All duct penetrations shall be protected by dampers as specified in section 716, Table 716.3.1, (section 716.3.2-smoke dampers), except that such dampers shall be those that are automatic closing by actuation of a smoke detector. Self closing devices may be used in lieu of automatic closing devices on doors unlikely to be fixed open during normal conditions. Examples are: Doors at toilet rooms, stairways, closets and small storage rooms and similar areas.

 

Chapter 9

Fire Protection Systems

 

903.2 Where required.   Amended by adding the exception shown as follows:

        Exception: Maximum Allowable Fire-Contained Areas, as identified in amendment Table 903.2.13(b), are required when an approved automatic sprinkler system is not provided.

 

The following table is amended:

 

TABLE 903.2.13(b) MAXIMUM ALLOWABLE FIRE-CONTAINMENT AREA (in square feet)

 

  Type I

  Type II

 Type III

   Type IV

       Type V

 Occupancy

  A

 B

 A

 B

 A

  B

     HT

 A

    B

 

A-1

10000

10000

NP

NP

NP

NP

NP

NP

NP

 

A-2

10000

10000

5000

NP

5000

NP

5000

5000

NP

 

A-3, A-4, A-5

10000

10000

5000

5000

5000

5000

5000

5000

5000

 

B, M, F-1, S-1

10000

10000

7000

5000

7000

5000

7000

7000

5000

 

E

10000

10000

7000

5000

7000

5000

7000

7000

5000

 

F-2, S-2

20000

20000

10000

7000

10000

7000

10000

10000

5000

 

R-1, R-2

10000

10000

5000

5000

5000

5000

5000

5000

5000

 

5000 sq. ft =464.515 square meters (s.m.), 7000 sq. ft.= 650.321 s. m., 10000 sq. ft =929.03 s. m.,& 20000 sq. ft.=1858.06s.m.

 

Contact your local fire district to see if there are any further fire code requirements:

 

 

Chapter 10

Means of Egress

 

The subsection below is amended by adding the exceptions as follow:

1008.1.4  Floor elevation.  Regardless of the occupant load served, there shall be a floor or landing on each side of a door.  Where access for persons with disabilities is required by Chapter 11, the floor or landing shall not be more than 1/2 inch lower than the threshold of the doorway.  Where such access is not required, such dimension shall not exceed 1 inch.  Landings shall be level except that exterior landings may have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2% Slope).

            EXCEPTIONS: Add exceptions 6 and 7 as follow:

6.  Exterior doors other than the main entrance/exit door, in Groups R-2,R-3 and R-5 occupancies, may open at one intervening exterior step that is equally spaced between the interior floor level above and the exterior landing below provided the intervening step has a minimum tread depth of 12 inches (304.8 mm), a maximum riser height of 7 3/4 inches (196.85 mm) and a minimum width equal to the openable door width; and provided the door does not swing over the step.

7.  Doors serving building equipment rooms which are not normally occupied.

 

The following sub-section Section 1012.6 is added to read as follows:

1012.6 Wells.  All area wells, stair wells and light wells attached to any building that are located less than thirty-six (36) inches (914.4 mm) from the nearest intended walking surface and deeper than thirty (30) inches (762 mm) below the surrounding ground level, creating an opening greater than twenty-four (24) inches (609.6 mm) measured perpendicular from the building and with side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be barricaded with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier (intended walking surface would be  defined as a sidewalk, pathway, patio slab or other like surface).

            EXCEPTIONS:

1.   The access side of stairways need not be barricaded.

2.   Area wells provided for emergency escape and rescue windows shall not be obstructed with grates or covers unless such barricades comply with Section 1025.4 of this code.

3.   Covers or grates may be used over stairways and other openings used exclusively for service access.

 

Chapter 11

ACCESSIBILITY

 

The subsection is amended by adding the following:

1107.6  Group R.  Group R occupancies shall be provided with dwelling units or guest rooms accessible to the physically handicapped as specified in the 2003 Colorado Revised Statutes Title 9 Article 5 Section 105 or as amended.

 

A portion of Title 9 Article 5 is included below for reference;

9-5-105. [Formerly 9-5-111] Exemptions for certain privately funded projects.

(1) Accessible dwelling units shall be provided as required in this article; except that this article does not apply to privately funded projects for the construction of a detached residence or residences or to other types of residential property containing less than seven residential units. For larger residential and transient accommodation projects, this article shall apply to one unit for each seven units or major fraction thereof, as follows:

 

For the purpose of determining the number of accessibility points required pursuant to subsection (2) of this section, the accessible dwelling unit types shall have the following point values:

 

ACCESSIBLE DWELLING                            ACCESSIBILITY POINT VALUE

UNIT TYPE:                                                    PER DWELLING UNIT:

Type A Dwelling unit                                                    6

Type A Multistory dwelling unit                                    5

Type B Dwelling unit                                                     4

Type B Multistory dwelling unit                                                 3

Type B Visitable ground floor                                       1

 

(2) Residential projects. (a) A project shall be assigned accessibility points based on the number of units contained within the project as follows:

 

NUMBER OF UNITS WITHIN THE                         ACCESSIBILITY POINTS

PROJECT:                                                                   REQUIRED:

0-6                                                                                           0

7-14                                                                                         6

15-28                                                                                       12

29-42                                                                                       18

43-57                                                                                       24

58-71                                                                                       30

72-85                                                                                       36

86-99                                                                                       42

100-114                                                                                   48

115-128                                                                                   54

129-142                                                                                   60

143-157                                                                                   66

158-171                                                                                   72

172-185                                                                                   78

186-199                                                                                   84

ETC.                                                    + 6 Additional points every 14 units or fraction thereof

 

(b) A project shall include enough accessible dwelling units to achieve at least the specified number of accessibility points required pursuant to paragraph (a) of this subsection (2). A

project may use any combination of accessible dwelling unit types to comply with this section.

 

9-5-106. Implementation plan. The builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority* in such project’s jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.

 

*State of Colorado, Department of Regulatory Agencies, Civil Rights Division, Housing Compliance Specialist 1-800-262-4845.

Chapter 12

Interior Environment

Subsection amended as follows:

1210.1 Floors.  In other than dwelling units and private toilet rooms with one water closet not available to the public, toilet room floors shall have a smooth, hard nonabsorbent surface such as portland cement and concrete, ceramic tile or other approved material which extends upward onto the walls at least 6 4 inches (101.6 mm).

 

Chapter 14

Exterior Walls

 

1403.6 Flood resistance.  Delete subsection and insert the following;

Flood Plain Overlay Zone Districts established in the Larimer County Land Use Code Section 4.2.2

 

                                                     Chapter 15

Roof Assemblies and Rooftop Structures

 

Table 1505.1 is replaced with the revised table below to show wildfire mitigation requirements:

 

                               TABLE 1505.1 - IBC  MINIMUM ROOF COVERING CLASSIFICATION

 

                                            TYPES OF CONSTRUCTION

 

     I                                 II                            III                             IV                                   V ________                     

OCCUPANCY

     A          B           A               B               A                  B              H.T.                 A                     B___

A-1

    B          B            ---            ----            ----                ---              ----                ----                      ----

A-2

    B          B            B             ----             B                  ---               B                   B                       ----

A-3

    B          B            B              B               B(1)              C(3)           B(1)              B(1)                    C(3)

A-4, A-5

    B          B            B              B               B                   B               B                  B                         B(1)

B

    B          B            B              B               B(1)              C(3)           B(1)              B(1)                    C(3)

E

    B          B            B              B               B                   B               B                  B                         B(1)

F

    B          B            B              B               B(1)              C(3)           B(1)              B(1)                    C(3) 

H-1

    A          A            A              A              ----                 ----            -----                ----                      ----

H-2,3,4,5,6,7

    A          B            B              B               B                   B               B                  B                         B  

I-1, 1.2

    A          B            B            -----             B                   ----             B                  B                         ----

I-3, I-4

    A          B            B(1)        -----             B(2)              ----            ----                 B(3)                    ----

M

    B          B            B              B               B(1)               C(3)          B(1)              B(1)                     C(3) 

R-1, R-2

    B          B            B              B               B(1,3)            C(3)          B(1,3)           B(1,3)               C(1,3)

R-3, R-4

    B          B            B              B               C(3)               C(3)          C(3)              C(3)                    C(3)

S-1,

    B          B            B              B               B(1)               C(3)          B(1)              B(1)                    C(3)  

S-2,

    B          B            B              B               B                    B               B                  B                        B(1) 

U

    B          B            B              B               C(3)               C(3)           C(3)             C(3)                   C(3) 

A - Class A roofing.

B - Class B roofing.

C - Class C roofing.

 

Footnotes to table 1505.1 - IBC

(1)   Buildings that are not more than two stories in height and have not more than 6,000 square feet (557.418 sq. meters) of projected roof area and where there is a minimum of 10 feet (3048 mm) from the extremity of the roof to the property line or assumed property line on all sides except for street fronts may have Class C roof coverings. See footnote (3) also.

(2)   See Section 408

(3)   The roof covering on any new structure or on the re-roofing of 50 percent or more during a one year period of any existing structure located west of the following described line shall be upgraded from class C to class B: Starting at the intersection of the Wyoming border line and range 69 west, then South nine miles to S.W. corner of section 31, Township 11, Range 69, then West three miles to N.W. corner of Section 3, Township 10, Range 70, then South five miles to S.W. corner of Section 27, Township 10, Range 70, then East three miles to S.W. corner of Section 30, Township 10, Range 69, then South nine miles to S.W. corner of Section 7, Township 8, Range 69, then West one mile to N.W. corner of Section 13, Township 8, Range 70, then South four miles to S.W. corner of Section 36, Township 8, Range 70, then East two miles to N.W. corner of Section 6, Township 7, Range 69, then South three miles to S.W. corner of Section 17, Township 7, Range 69, then East one mile to S.E. corner of Section 17, Township 7, Range 69, then South four miles to S.W. corner of Section 4, Township 6, Range 69, then East one mile to S.E. corner of Section 4, Township 6, range 69, then South four miles to S.W. corner of Section 27, Township 6, Range 69, then West one mile to S.W. corner of Section 28, Township 6, Range 69, then South three miles to intersection of U.S. Highway 34, then West following U.S. Highway 34 two miles to intersection with Range 69 West, then South seven and three quarter miles to S.W. corner of Section 18, Township 4, Range 69, then West one mile to S.W. corner of Section 13, Township 4, Range 70, then South three miles to where the S.W. corner of Section 36, Township 9, Range 70 meets the Boulder County Line. (See map on next page.)

(4)   Unless otherwise required because of location, Group U roof coverings shall consist of not less than one layer of cap sheet, or built-up roofing consisting of two layers of felt and a surfacing material of 300 pounds(136 kilograms) per roofing square of gravel or other approved surfacing material, or 250 pounds (113 kilograms) of crushed slag.

 

Add Section

1509.6 Roof Curbs.  Mechanical units, ducts, piping or structures shall not be installed or replaced or rest on roofs without being properly supported by curbs, pads, bases or piers which shall be flashed to the roofing in a watertight manner.  All unsupported sections of mechanical equipment shall be a minimum of twelve (12) inches (304.8 mm) above the plane of the roof so that they will not obstruct the re-roofing process.  Mechanical units shall properly connect to heating, air handling, refrigeration and ventilation equipment, including fans, blowers, and similar types of equipment.  Units shall be so located that proper drainage from the roof will not be blocked or impeded.

Roof openings surrounded by curbs shall be sheathed over solidly and covered with a minimum of twenty-six (26) gauge (0.48 mm) metal approved for the use, or of equal material.  All seams and miter corners shall be constructed in a watertight manner.  Such curbs shall be a minimum of nine (9) inches (228.6 mm) in height.

 

Chapter 16

Structural Design

 

1608.2 Ground Snow Loads.  Add the following to this section:

            The minimum snow load designs shall be:

            Elevation                                                                                  Snow Load

            Less than 7,000 feet (2133.6 M)                                              30 psf

            7,000 to 8,000 feet (2133.6 M to 2438.4 M)                          40 psf

            8,001 to 9,000 feet (2438.7 M to 2743.2M)                           50 psf

            9,001 and above (2743.5 M & up)                                           70 psf

 

1609.1.1 Determination of wind loads.  This section hereby amended to read as follows:

            Minimum Design Wind Speed; 100 mph (3-second Gust), Exposure C in rural areas and          

            Exposure B in urban areas.  Engineer may designate exposure on site specific conditions.

 

1612 Flood Loads.  Delete the entire section and insert the following:

          Flood Plain Overlay Zone Districts established in the Larimer County Land Use Code

          Section 4.2.2. 

 

1615 Earthquake Loads-Site Ground Motion.

          Earthquake 0.2 sec spectral response acceleration Ss = 22.5, Site Class B

          Earthquake 1.0 sec spectral response acceleration S1 = 7.0, Site Class B

 

1611.1 Design rain loads.                                 Location       Inches/Hour    GPM/Square Foot

          60-Minute Duration, 100-Year Return:   Fort Collins         2.6             0.027

                                                                           Loveland              2.66                  0.0275                  

         

1805.2.1 Frost protection.  Add minimum  frost depth.

          1.  Extending below the frost line of the locality (30 inches minimum).

Chapter 21

Masonry

2111 Masonry Fireplaces

2111.1  Definitions.  Amended by adding the following:

Non-restricted Area: That part of unincorporated Larimer County located west of Range 71 or North of the north half of Township 10, and east of Range 72 as shown on the Larimer County Fireplace Area Map.

Restricted Area: That part of unincorporated Larimer County located outside the Non-restricted Area as shown on the Larimer County Fireplace Area Map.

Wood stove: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating.

Fireplace insert: A wood burning device designed to be installed in an existing fireplace.

Fireplace: A hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney.

Factory-built Fireplace: A listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.  Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use.

 

Add the following section.

2111.15 Fireplace Installation.

A.   All fireplaces installed on or after January 1, 2002 in the Restricted Area shall be one of the following:

   (i).  A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection;

   (ii).  An electric device; or

(iii).  A fireplace that meets the Phase III emissions standards for wood stoves established by the Colorado Air Quality Control Commission or any other clean burning device that is approved by the commission.

B.   All fireplaces installed prior to January 1, 2002 in the Restricted Area shall be allowed to remain in use until such time as the owner voluntarily replaces it.  Upon replacement, such fireplace shall be one of the types specified in Subsection (A) (i), (ii), or (iii) above.

C.   Within the Non-restricted Area, fireplaces, including but not limited to masonry and factory built fireplaces (such as metal and zero clearance fireplaces), shall be allowed and shall not be required to meet the standards in Paragraph (A) above.

 

Chapter 30

Elevators and Conveying Systems

 

Section 3001.2 – IBC- Referenced standards.  Is hereby amended by inserting the following after ASME A17.1, ASME A18.1 (Platform Lifts & Stairway chairlifts).

                                   

Chapter 34

Existing Structures

 

 3410.2 Applicability.  Structures existing prior to [Date to be inserted by the jurisdiction.  Note: It is recommended that the date coincide with the effective date of Building Codes within the jurisdiction] January 1, 1972, …

Chapter 36 is hereby added into the 2003 International Building Code as follows:

 

CHAPTER 36

Wildfire Hazard Mitigation

 

WILDFIRE HAZARD MITIGATION REQUIREMENTS FOR NEW CONSTRUCTION

General

3601.0  Purpose.  The purpose of this chapter is to establish minimum standards for design and construction of new buildings or portions thereof for the protection of life and property from wildfire.

 

3601.1  Scope. Within the wildfire hazard area, as defined by map figure # 3601 and foot note #3 of amended Table 1505.1, all new building construction and all additions equal to or greater than 50% of the total square footage of the original structure shall comply with the provisions of this chapter.  New building construction shall include all new structures.

EXCEPTIONS: Loafing sheds and similar structures.

 

3601.2  Alternate Materials and Methods of Compliance.  The provisions of this chapter are not intended to prevent the use of any material or method of compliance not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the building official.  The building official may approve any such alternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this chapter and this code and that the material method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in suitability, effectiveness, fire resistance, durability and safety.  The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be used regarding use of the alternate.  The details of any action granting approval of an alternate shall be recorded and entered in the files of the Building Department.

 

3602.0  Definitions.  For the purpose of this chapter, certain terms are defined as follows:

 

Combustible - a material that fails to meet the acceptance criteria of Standard Method of test for determination of noncombustibility in building materials.

 

Combustible construction - a type of construction that does not meet the requirement for noncombustible construction.

 

Defensible space - a natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur.

Fire-resistive construction - construction designed to resist the spread of fire.

 

Fire-resistive rating - the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings construction and materials.

 

Fire-retardant-treated wood - any wood product impregnated with chemicals by a pressure process or other means during manufacture, and which shall have a flame-spread index of not over 25.

 

Fire separation - a construction assembly that acts as a barrier against the spread of fire.

 

Firewall Assembly- a type of fire separation of noncombustible construction which subdivides a building or separates adjoining buildings to resist the spread of fire and which has a fire-resistance rating and structural ability to remain intact under conditions for the required fire-rated time.

 

Flame-resistant material - material that has been modified in its chemical composition by impregnation, coating or has inherent composition that makes the material resistant to ignition and combustion when exposed to a small ignition source.

 

Flame retardant - an approved chemical compound or mixture which, when applied in an approved manner to any fabric or other material will render such fabric or material incapable of supporting combustion.

 

Flame-spread index (FSI) - a relative index describing the surface-burning characteristics of building materials.  The test used to establish FSI evaluates the flame spread over the building material surface when exposed to a test fire. The rate at which flame spreads across the specimen is compared on a scale of 0 for inorganic reinforced cement board, to 100 for red oak." The following table identifies the flame-spread index and Flame Spread Classification:

 

Flame Spread Classification

Flame Spread Index

Class I

0 to 25

Class II

26 to 75

Class III

76 to 200

 

Fuel - combustible material.

 

Noncombustible - materials that meet the acceptance criteria of Standard Method of test for determination of non-combustibility in building materials.

 

Noncombustible Construction - a type of construction in which a degree of fire safety is attained by the use of noncombustible materials for structural members and other building, assemblies.

 

One-hour Fire-resistive Construction - will “withstand the standard fire exposure" for one hour “as determined by a fire test made in conformity with the standard methods of fire tests of building construction and materials".

 

Slash - unusual concentrations of downed fuel resulting from such natural events as wind, fire, or snow breakage or such human activities as timber harvesting, road construction, or building construction.

 

Wildfire Hazard - the relative likelihood that a fire, once started, will become disastrous.  Disastrous means the destruction of life and improved property.

 

Wildfire Hazard Area - that area in western Larimer County prone to wildfires as identified on the county's Wildfire Hazard Area map.

 

Wildfire mitigation - any action taken to eliminate or reduce the long-term risk to human life and property from wildfire.

 

Wildfire Mitigation

3603.0  Fire-Resistive Construction.  Fire-resistive construction on all new structures shall be one of the following types:

1. One-hour fire-resistive shell shall provide not less than one-hour fire-resistive construction at all exterior walls, EXCLUDING ALL OPENINGS AND DECKS.

2. Exterior siding materials shall have a flame-spread classification of Class III or better.

EXCEPTION: Log structures using solid logs with a minimum tip diameter of 6 inches (152.4 mm) for exterior wall construction and 8 inches (203.2 mm) for roof beams, purlins and supporting columns may be considered as one-hour fire-resistive construction.

 

3604.0  Defensible Space.  Defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in the Wildfire Hazard Area.  For additions to or changes in character of the occupancy or use in existing buildings, the defensible space shall be provided around the entire building.

 

3604.1  Evaluation.  Evaluation of the defensible space will be based upon:

1.  Current Colorado State Forest Service standards and guidelines, and

2.  Site specific vegetation and topographical characteristics.

3. The building official may allow alternatives to the Colorado State Forest  Service Standards and Guidelines based on specific site conditions.

 

3604.2  Completion.  The defensible space must be completed prior to the applicant receiving a certificate of occupancy.

 

3605.0 Liquid Propane Gas.  Liquid propane gas facilities installed in the Wildfire Hazard Area shall comply with the current County requirements for installation of liquid propane gas facilities. It is recommended that the tank be located in the defensible space or on the same contour or downhill from the structure.

 

3605.1 Alternate Design. The building official may approve other alternate designs provided it meets the requirements of Section 104.11.

 

3606.0  Fees.  Fees shall be assessed in accordance with the wildfire fees table currently adopted by Larimer County.

 

3607.0 Appeals.  Appeals of interpretations made by the building official relative to the application of this chapter shall be made to the Board of Appeals.

 

3608.0 Maintenance.  Defensible space areas created as required by this chapter or other referenced documents within the Larimer County Wildfire Mitigation Plan are to be maintained by the property owner. No re-planting or new planting of trees, shrubs or other vegetation that would violate the defensible space requirements of this chapter shall be allowed.

The following appendix chapters: C, E and I in the International Building Code are to be adopted as part of the 2003 International Building Code: 

Appendix C – Agricultural Buildings

 

Appendix C Sections C101 and C102 are hereby amended by adding the following;

C101.1 Scope. The provisions of this appendix shall apply exclusively to agricultural buildings. Such buildings shall comply with Table 602 of this code and shall be classified as Group U Division 3 and shall include the following:  (Text remains the same as in the code for the remainder of the section.)

 

C102.1  General.  Buildings Classified as Group U Division 3 Agricultural shall not exceed the area or height limits specified in Table C102.1.

 

C102.2 One-story unlimited area. The area of a one-story Group U Division 3 agricultural shall not be limited if the building is surrounded and adjoined by public ways or yards not less than 60 feet (18288 mm) in width.

 

C102.3 Two-Story unlimited area. The area of a two-story Group U Division 3 agricultural building shall not be limited if the building is surrounded and adjoined by public ways or yards not less than 60 feet (18288 mm) in width and is provided with an approved automatic sprinkler system throughout in accordance with Section 903.3.1.1.

 

C102.4  Exterior Walls and Openings. Except where Table 601 requires greater protection, exterior walls of Group U Division 3 structures shall not be less than one-hour fire-resistive construction when less than 10 feet (3048 mm) from property line.  Openings in exterior walls of Group U Division 3 structures that are less than 10 feet (3048 mm) from property lines shall be protected by fire assemblies having a fire-protection rating of not less than three-fourths hour.

 

Appendix E – Supplementary Accessibility Requirements

 

Appendix  I – Patio Covers

 

2003 International Existing Building Code (IEBC)

Chapter 1

Administration

 

The following sections are hereby changed as follows:

101.1 Title.  These regulations shall be know as the Existing Building Code of [Name of Jurisdiction] Larimer County, hereinafter referred to as “this code.”

101.4 Existing buildings. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code adopted and enforced by a fire district  or the International Property Management Code or as deemed necessary by the code official for the general safety and welfare of the occupants and the public.

101.5 Maintenance.  Delete the entire section

103.1 Creation of enforcement agency.The Department of Building Safety Building Department

105.3 Application for Permit. The Department of Building Safety Building Department…

107.1 General…Such permits shall be limited as to time of service but shall not be permitted for more than 180 days  18 months.

All references in this code to “the ICC Electrical Code” shall be amended to read “the National Electrical Code (NEC) enforced by the State of Colorado”. (Sections 608& 808)

1201.2 Applicability.  Structures existing prior to [Date to be inserted by the jurisdiction.  Note: it is recommended that this date coincide with the effective date of the building codes within the jurisdiction] December 9, 1971,

2003 INTERNATIONAL MECHANICAL CODE AMENDMENTS (IMC) 

 

Chapter 1

Administration

 

Amend by adding the following section

101.1 Title.  These regulations shall be known as the Mechanical Code of [Name of Jurisdiction] Larimer County, hereinafter referred to as “this code.”

 

Section 103.1 General.   The department of mechanical inspection” Building Department is hereby created and the executive official in charge thereof shall be known as the code building official.

 

106.5.2 Fee ScheduleAmend to read as follows: A fee for Mechanical permits shall be paid to the building official as set forth in the current fee schedule for Larimer County.

 

108.4 Violation penalties.  Amend to read as follows:  Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erect, install, alter, or repair mechanical work in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 

                                   

108.5 Stop Work Orders. …,shall be liable for a fine of not less than [Amount] dollars or more than [Amount] dollars. subject to penalties as prescribed by law.

 

109.2 Means of AppealAmend to read; The board of appeals created to hear matters of the International Building Code and International Residential Code shall be the Board of Appeals in all International Mechanical Code matters and their rules applied.

Also delete sections and subsections 109.2.1, 109.2.2, 109.2.3, 109.2.4, 109.2.5, 109.2.6, 109.3, 109.4, 109.4.1, 109.5, 109.6, 109.6.1 and 109.6.2 as currently written in the IMC.  Section 109.7 shall become Section 109.3 by this amendment and as such is not deleted.

 

Chapter 3

General Regulations

 

304.9 Clearances from grade. Amend the following: Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending 3 inches (76.2 mm) minimum above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

 

Chapter 5

Exhaust Systems

 

504.6.1 Maximum length.   The Exception is deleted.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer’s installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer’s installation instructions.

 

The following sections are hereby added to the 2003 International Mechanical Code: 

504.6.3 Dryer exhaust duct terminations.  Dryer exhaust duct terminations shall not be located within 3 feet (914.4 mm) of an opening into the building.

 

505.2 Kitchens with gas ovens.  Kitchens with gas ovens shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not terminate in an attic, crawl space or areas inside the building and shall not create a negative pressure in excess of negative 3 Pa. effecting gravity venting appliances.

 

506.3.10 Grease duct enclosure.   Delete Exception #2.

2. A duct enclosure shall not be required for a grease duct that penetrates only a nonfire-resistance-rated roof/ceiling assembly.

 

507.2.1 Type I hoods.  Type I hoods shall be installed where cooking appliances produce grease or smoke, such as occurs with griddles, fryers, broilers, ovens, ranges and wok ranges.

 

Chapter 6

Duct Systems

 

602.2 Construction.   Insert the following into the leading sentence of the second paragraph:  The use of gypsum boards to form plenums shall be limited to dwelling units with systems where the air temperatures do not exceed 125 degrees F (51.6667 C)  and…..

 

602.3 Stud cavity and joist space plenums. The leading sentence is changed as follows: Combustible stud wall cavities and the spaces between solid floor joists shall not be utilized as air plenums.

Exception: Combustible stud wall cavities within dwelling units may be used as plenums provided they comply with the following conditions:

1.   Such cavities or spaces shall not be utilized as a plenum for supply air.

2.   Such cavities or spaces shall not be part of a required fire-resistance-rated assembly.

3.   Stud wall cavities shall not convey air from more than one floor level.

4.   Stud wall cavities and joist space plenums shall comply with the floor penetration protection requirements of the International Building Code.

5.   Stud wall cavities and joist space plenums shall be isolated from adjacent concealed spaces by approved fireblocking as required in the International Building Code.

 

603.2 Duct sizing.  The leading sentence is changed by adding the following: Ducts installed within a single family dwelling unit shall be sized in accordance with ACCA Manual D or other approved methods and installed in accordance with International Energy Conservation Code Section 403.5.

 

New section 603.18 it to be added as follows:

603.18 Duct protection during construction.  During construction, all duct systems shall be protected from entrance of dirt.  Construction debris and dust need to be removed from ducts and furnace filter replaced prior to final inspection.

 

607.4 Access and identification.  The fourth sentence shall be amended to read as follows:  Access points shall be permanently identified on the exterior of the damper and located such that removal of finish ceiling work is not required, by a label having red letters not less than 0.5 inch (12.7 mm) in height reading: SMOKE DAMPER, FIRE DAMPER or SMOKE & FIREDAMPER.

 

Chapter 7

Combustion Air

 

708.1 General.   Add the following to the exceptionWithin dwelling units, during remodel work when installation of galvanized steel ducts is not practical due to existing installed finish materials, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed.

New section 709.3 is added as follows:

Section 709.3 Fire/smoke dampers. Combustion air ducts shall not be run through walls or ceilings required to be fire/smoke dampered.

 

Chapter 8

Chimneys and Vents

 

801.19 Multi-story prohibited.  Amend this section by adding the following:

Common venting systems for appliances located on more than one floor level shall be prohibited, except engineered systems where all appliances served by ………………….. 

 

Chapter 9

Special Appliances, Fireplaces, and Solid Fuel Burning Equipment

 

New section 903.1.1  is added as follows:

Section 903.1.1 Wood stoves and fireplace inserts.  All wood stoves and fireplace inserts installed on or after January 1, 2002, in unincorporated Larimer County shall meet the Phase III emissions standards for wood stoves established by the Colorado Air Quality Control Commission.

                  All wood stoves and fireplace inserts installed prior to January 1, 2002, in unincorporated Larimer County shall be allowed to remain in use until such time as the owner voluntarily replaces it.  Upon replacement, such wood stove or fireplace insert shall meet the Phase III emission standards for wood stoves established by the Colorado Air Quality Control Commission.

 

 Definitions:

Non-restricted Area: That part of unincorporated Larimer County located west of Range 71 or North of the north half of Township 10, and east of Range 72 as shown on the Larimer County Fireplace Area Map.

Restricted Area: That part of unincorporated Larimer County located outside the Non-restricted Area as shown on the Larimer County Fireplace Area Map.

Wood stove: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating.

Fireplace insert: A wood burning device designed to be installed in an existing fireplace.

Fireplace is a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney.

Factory-built Fireplace is a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.  Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use.

 

903.3 Unvented gas log heaters.  This subsection is hereby amended to read;

Unvented gas log heaters shall not be installed in a factory built fireplace.

 

2003  INTERNATIONAL PLUMBING CODE (IPC)

 

Chapter 1

Administration

 

101.1 Title.  These regulation shall be known as the International Plumbing Code of [Name of Jurisdiction] Larimer County hereinafter referred to as “this code.”

 

 The following sections are amended as follows:

 

Section 101.3 Intent.   A second paragraph is added to read as follows.

The intent of this Code is to meet or exceed the requirements of the State of Colorado Plumbing Code. When technical requirements, specifications or standards in the Colorado Plumbing Code conflict, the more restrictive shall apply.  Specifically, the Colorado Plumbing Code shall apply in those instances where the Larimer County Building Code does not provide technical requirements, specifications or standards.  The Larimer County Building Code shall apply in those instances where the Colorado Plumbing Code does not provide technical requirements, specifications or standards.  Should the Colorado Plumbing Code and the Larimer County Building Code each provide technical requirements, specifications or standards on any single matter in terms so distinct that determining which is more restrictive is not readily apparent, the Colorado Plumbing Code shall apply.

 

103.1 General.  The Department of Plumbing Inspection  Building Department is hereby created and the executive official in charge thereof shall be known as the code  building official.

 

106.6.2 Fee Schedule.   The fees for all plumbing work shall be as indicated in the following schedule:   A fee for all Plumbing work permits shall be paid to the building official as set forth in the current fee schedule as approved by the Board of County Commissioners for Larimer County.

                                               

106.6.3  Fee Refunds.  Delete current text and amend to read; The building official is authorized to establish a refund policy.

 

108.4 Violation penalties. Amend to read as follows:  Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erect, install, alter, or repair mechanical work in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 

 

108.5 Stop work orders. …,shall be liable for a fine of not less than [Amount] dollars or more than [Amount] dollars. subject to penalties as prescribed by law.

                                   

109.2 Membership of Board.  Delete current text and amend to read; The board of appeals created to hear matters of the International Building Code and International Residential Code shall be the Board of Appeals in all International Plumbing Code matters and their rules applied.  Sections and subsections 109.2.1, 109.2.2, 109.2.3, 109.2.4, 109.2.5,109.2.6, 109.3, 109.4, 109.4.1, 109.5, 109.6, 109.6.1 and 109.6.2 as written in the current 2003 IPC are deleted. Section 109.7 shall become Section 109.3 by this amendment and as such is not deleted.

 

 

Chapter 2

Definitions

 

201.3 Terms defined in other codes.  Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Electrical Code National Electrical Code (NEC) enforced by the State of Colorado, International Fuel Gas Code, or the International Mechanical Code, such terms shall the meaning ascribed to them as in those codes.

Chapter 3

General Regulations

 

305.6.1 Sewer depth.  Building sewers that connect to private sewage disposal systems shall be a minimum of [NUMBER] inches below finished grade at the point of septic tank connection.  Building sewers shall be a minimum of [NUMBER] inches below grade comply with State Health Department Regulations.

 

Chapter 9

Vents

 

904.1 Roof extension.  All open vent pipes that extend through a roof shall be terminated at least [number] 6inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extension shall be run at least 7 feet above the roof.

 

Chapter 11

Storm Drainage

 

1107.2 Separate systems required.  Is hereby amended to read; Secondary roof drain systems shall have the end point of discharge separate from the primary system. Such secondary drain endpoints shall discharge at grade or other approved point of discharge.

 

2003 International Energy Conservation Code (IECC)

 

Chapter 1

Administration

 

101.1 Title.  These regulations shall be known as the Energy Conservation Code [Name of Jurisdiction] Larimer County, and shall be cited as such.  It is referred to herein as “this code.”

 

101.2 Scope.

            Add to Exception:  

1.   Energy conservation systems and components in existing buildings undergoing repair, alteration or additions, and change of occupancy, shall be permitted to comply with the International Existing Building Code.

2.   Agricultural buildings heated or cooled in its interior for short period of time and switched with a timer of 2 hours or less.

3.   Agricultural buildings which are neither heated nor cooled by fossil fuel or electricity.

4.   Agricultural buildings not heated to 50F or higher.

 

Chapter 3

Design Conditions

 

Amend Section 302.1 to read as follows:

302.1 Thermal design parameters in Climate Zone 13. The following thermal design parameters in Table 302.1 shall be used for calculations required under this code: Winter Outdoor Design Dry-bulb (10F), Winter Indoor Design Dry-bulb (720F), Summer Outdoor Design Dry-bulb (910F), Summer Indoor Design Dry-bulb (750F), Summer Design Wet-bulb (590F), 6368 Degree Days Heating, and 479 Degree Days Cooling.  All heating and cooling equipment shall be sized such that the total sensible capacity of the cooling equipment does not exceed the total sensible load by more than 7% for cooling-only applications; or by more than 25% for cold-climate applications in accordance with the procedures in ACCA Manual J, 8th Edition, using the above thermal design parameters. All ducted air-distribution heating and cooling systems shall be sized using cooling loads. All heating and cooling equipment shall be tested to ensure such equipment is operating within the manufacturers’ recommended parameters and standards according to the applicable protocols established by the building code official and in accordance with the mechanical code adopted by Larimer County.

 

Add Exception

            Exception: Accessory buildings. Fully enclosed accessory buildings and attached garages         not containing habitable space may be considered conditioned space subject to the following thermal and envelope criteria:

1.   Such spaces meet the criteria for thermal isolation and any HVAC equipment installed therein is sized for a peak design load assuming a maximum Winter Indoor Design Dry–bulb Temperature of (60oF) and a minimum Summer Indoor Design Dry–bulb Temperature of (80oF).

2.   The walls are insulated with insulation having a minimum R-value of R-13.

3.   The roof/ceiling is insulated with insulation having a minimum R-value of R-30.

4.   Windows have a maximum U-factor of 0.45 and in total do not exceed 10% of the floor area.

5.   Doors have a minimum R-value of 3 and are sealed to prevent infiltration to the extent practical as determined by the building official.

 

2003 International Fuel Gas Code (IFGC)

 

Chapter 1

Administration

 

101.1 Title.  These regulations shall be known as the Fuel Gas Code of [NAME OF JURISDICTION] Larimer County, hereinafter referred to as “this code.”

 

106.5.2 Fee schedule.  The fees for work shall be as indicated in the following fee schedule by the current fee schedule for Larimer County.

 

Delete entire section 106.5.3 and add

106.5.3 Fee refunds.  The building official is authorized to establish a refund policy.

 

108.4 Violation penalties. Amend to read as follows:  Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erect, install, alter, or repair mechanical work in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 

 

108.5 Stop work orders. …,shall be liable for a fine of not less than [Amount] dollars or more than [Amount] dollars. subject to penalties as prescribed by law.

 

Chapter 3

General Regulations

 

303.3 Prohibited locations. Appliances shall not be located in, or obtain combustion

 air from, any of the following rooms or spaces:

Delete Exceptions 3 and 4 concerning unvented appliances and heaters.

   Exceptions:

   3. A single wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bathroom, provided that the input rating does not exceed 6,000 Btu/h (1.76 kW) and the bathroom meets the required volume criteria of Section 304.5.

   4. A single wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bedroom, provided that the input rating does not exceed 10,000 Btu/h (2.93 kW) and the bedroom meets the required volume criteria of Section 304.5.

 

304.5 Indoor combustion air.  Amend the leading sentence by adding the following:  The required volume of indoor air shall be determined in accordance with Section 304.5.1 or 304.5.2, when it is shown that the infiltration rate is at least 0.40 air changes per hour or Section 304.5.2 shall be used.

 

304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be of galvanized steel complying with Chapter 16 or of equivalent corrosion-resistant material approved for this application.

Exception: Within existing dwelling units during remodel work when the use of ducted combustion air is not feasible, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed.

 

305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab a minimum of 3.0 inches (76.2 mm) thick or other approved material extending above adjoining grade a minimum of 3.0 inches (76.2 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

 

308.4.6 Clearance from supply ducts.  Amend the leading sentence by adding the following: Central-heating furnaces where the bonnet temperature exceeds 150 degrees Fahrenheit( 65.56 degrees Celsius), shall have the clearance from supply ducts…..

 

Chapter 4

Gas Piping Installation

 

404.9 Minimum burial depth.  Underground piping systems shall be installed a minimum of 12 inch (304.8 mm) 18 inches (457.2 mm) below grade, except as provided in Section 404.9.1.

 

404.9.1 Individual outside appliances.  Individual lines to outside lights, grills, or other appliances shall be installed a minimum of 8 inches (203 mm) 18 inches (457.2 mm).  Exception: Approved materials installed a minimum of 6 inches (152 mm) below finished grade when covered with a minimum 4 inches (101.6 mm) concrete slab.

 

404.12 Outlet closures.  Change the leading sentence by adding the following:

Gas outlets and fittings which allow for future gas line expansion that do not connect to appliances shall be provided with an approved gas shut valve with the end capped gas tight.

Exception: Drip/Dirt legs which are installed at the floor level at appliances.

 

405.1 General.  Change as followsChanges in direction of hard metallic pipe shall be permitted to be made by the use of fittings or factory bends. or field bends.

 

405.2 Metallic pipeDelete in its entirety

 

406.4.1 Test pressure.   Change the leading sentence as follows:

The test pressure to be used shall be no less than 1 ½ times the proposed maximum working pressure, but not less than 3 psig 10 psig (68.9476 kPa gauge), irrespective of design pressure.

 

409.5 Equipment shutoff valve.  Exception: Shutoff valves for vented decorative appliances and decorative appliances for installation in vented fireplaces shall not be prohibited from being installed in an area remote from the appliance where such valves are provided with ready access Such valves shall be permanently identified and shall serve no other equipment. Remote valves shall be operable on the same floor as the appliance served and within 12 feet (3657.6 mm) as measured along the floor line. Piping from the shutoff valve to within 3 feet (914 mm) of the appliance connection shall be sized in accordance with Section 402.

 

410.3 Venting of regulators. Pressure regulators that require a vent shall have an independent vent to the outside of the building. The vent shall be designed to prevent the entry of water or foreign objects. Vents shall not terminate within 3 feet (914 mm) of openings into the building.

 

Chapter 5

Chimney and Vents

 

Amend item 1 and delete items 8 and 10:

501.8 Equipment not required to be vented. The following appliances shall not be required to be vented.

1. Residential Ranges.

2. Built-in domestic cooking units listed and marked for optional venting.

3. Hot plates and laundry stoves.

4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of section 613).

5. A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152 mm) horizontally from any surface other than the heater.

6. Refrigerators.

7. Counter appliances.

8. Room heaters listed for unvented use.

9 8. Direct-fired make-up air heaters.

10. Other equipment listed for unvented use and not provided with flue collars.

11 9. Specialized equipment of limited input such as laboratory burners and gas lights.

 

Delete Section 503.2.2

503.2.2 Well-ventilated spaces. Where located in a large and well-ventilated space, industrial equipment shall be permitted to be operated by discharging the flue gases directly into the space.

 

503.5.6.1 Chimney lining. Chimneys shall be lined in accordance with NFPA 211.

Exception: Existing chimneys shall be permitted to have their use continued when an appliance is replaced by an appliance of similar type, input rating, and efficiency.

 

503.6.10.1 Equipment separation. All equipment connected to the common vent shall be located in rooms separated from habitable space. Each of these rooms shall which have provisions for an adequate supply of combustion, ventilation, and dilution air that is not supplied from habitable space (see Figure 503.6.10.1).

Chapter 6

Specific Appliances

 

Add last sentence to paragraphy:

614.1 Installation. Clothes dryers shall be exhausted in accordance with the manufacturer’s instructions. Dryer exhaust systems shall be independent of all other systems and shall convey the moisture and any products of combustion to the outside of the building. Dryer exhaust duct terminations shall not be located within 3 feet (914 mm) of openings into the building.

 

621 UNVENTED ROOM HEATERS. Delete Section 621 entirely.

 

623.2 Prohibited location. Cooking appliances designed, tested, listed and labeled for use in commercial occupancies shall not may be installed within dwelling units or within any area where domestic cooking operations occur, when installed in accordance with manufacturer’s listing in regards to clearance to combustibles.

 

623.3 Domestic appliances. Cooking appliances installed within dwelling units and within areas where domestic cooking operations occur shall be listed, and labeled as household-type appliances for domestic use. and installed in accordance with manufacturer’s listing in regards to clearance to combustibles.

 

Add Sub-Section to read as follows:

623.3.1 Residential kitchens. Residential kitchens with gas ovens shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not terminate in an attic or crawl space or areas inside the building and shall not induce or create a negative pressure in excess of negative 3 Pa. effecting gravity venting appliances.

 

 

OPTION

WATER HEATER AND FIXTURE REPLACEMENT EXCEPTION

2003 International Plumbing Code (IPC)

 

Add changes as written to item 2 in Section 106.2 Exempt work.

The following work shall be exempt from the requirement for a permit:

                  1.  The stopping of leaks in drains, water, soil, waste or vent pipe provided,                         however, that if any concealed trap, drainpipe, water, soil, waste, or vent           pipe becomes defective and it becomes necessary to remove and replace            the same with    new material, such work shall be considered as new work         and a permit shall be obtained and inspection made as provided in this    code.

                  2.  The clearing of stoppages or the repairing of leaks in pipes, values or      fixtures, and the removal and reinstallation of water closets replacement of            fixtures, including the same size or smaller water heater, by State licensed plumbers,      provided such repairs or replacements do not involve or require the       replacement or rearrangement of valves, pipes, or fixtures vents.

 

2003 International Residential Code (IRC)

Add changes as written in last paragraph of Section R 105.2

                  The clearing of stoppages or the repairing of leaks in pipes, values or fixtures, and the removal and reinstallation of water closets replacement of fixtures, including the same size or smaller water heater, by State licensed plumbers, provided such repairs or replacements do not involve or require the replacement or rearrangement of valves, pipes, or fixtures vents.

 

The meeting adjourned at 6:55 p.m.

 

TUESDAY, NOVEMBER 16, 2004

 

ADMINISTRATIVE MATTERS

(#136)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Rennels presided and Commissioners Gibson and Bender were present.  Also present were Donna Hart and Deni LaRue, Commissioner’s Office; K-Lynn Cameron, Parks and Open Lands; Al Kadera, Planning Department; Candice Phippen, Building Department; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Cheryl Carsen addressed the Board regarding the Tax Increment Financing (TIF's) District and questioned how this process works and where the money goes.  The Board explained how TIF's work and further explained that the County has no say in whether or not the Municipalities adopt and enforce TIF's in areas of the County.  Some discussion ensued.  Ms. Carsen asked if the Board was pushing for a change in the laws regarding TIF's and the Board stated that yes, they are working on trying to change legislation so that Counties have more say in how TIF's are implemented and what types of land can be considered for use in a Tax Increment Financing District.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 8, 2004:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 8, 2004, as presented.

 

Motion carried 2 – 0. (Commissioner Bender abstained.)

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 22, 2004:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for November 16, 2004:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   S&G Loveland Partnership; Ebert; Mesa Partners, LLC.; Ward West LLP/Ward Construction; Lancaster; MS Loveland Limited Partnership.

 

11162004A001           WARRANTY MEMORANDUM FOR VAUGHN-CECIL SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RODNEY D. VAUGHN AND ROBIN L. CECIL

 

11162004A002           AGREEMENT REGARDING WEST FORT COLLINS WATER DISTRICT WATER LINE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WEST FORT COLLINS WATER DISTRICT

 

11162004A003           PROMISSORY NOTE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CONSERVATION FUND (Chimney Hollow West)

 

11162004D001           DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY MILAN E. TIMM AND VINCENT A. GLICK

 

11162004D002           DEED OF CONSERVATION EASEMENT FOR CHIMNEY HOLLOW

 

11162004R001           RESOLUTION REGARDING RELEASE OF COLLATERAL FOR HARVEST HEIGHTS SUBDIVISION

 

11162004R002           RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR PUBLIC IMPROVEMENTS COEUR D'ALENE ESTATES PLANNED UNIT DEVELOPMENT

 

11162004R003           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:  NaCO Leadership in Conservation Awards Letter of Support; Letter of Support for County's Rural Site Addressing Improvement Project to the LETA Board.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Windjammer Liquor - 6% Retail Liquor Store - Loveland; Seven Eleven Store #32276 - 3.2% - Fort Collins.  The following license was approved:   Women's Development Council - Special Event Permit 6% - Fort Collins.

 

Motion carried 3 – 0.

 

5.  ROYCE HOPKINS CONSERVATION EASEMENT:   Ms. Cameron stated that the City of Loveland has completed land protection efforts in the Ryan's Gulch area of Larimer County and is requesting Open Space Tax Dollars from Larimer County to partner in purchasing and protecting a 59.8 acre conservation easement on the Royce Hopkins property; she noted this would bring the total protected acreage of the land in this area to 516 acres.  Ms. Cameron requested Board approval to expend $20,000 from the Help Preserve Open Spaces Sales Tax Fund to participate in this venture; she further noted that the requested dollar amount represents 10% of the total cost of the easement, and that the property provides a buffer to other already protected conservation easement lands in the area.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $20,900 from the Help Preserve Open Spaces Tax Fund to protect in partnership with the City of Loveland, the 59.8-acre Royce Hopkins Conservation Easement.

 

Motion carried 3 – 0.

 

6.  WORKSESSION:  Ms. Cookman noted that there are some amendments to the Minutes of November 1, 2004, regarding the Whitman Rezoning Petition item, that need to occur as one of the dates pertaining to removal of outdoor storage items was not correct (it should have been 30 days after the October 25, 2004 hearing), and some references to the business and the storage of materials needed to be clarified.  The amended Minutes regarding this item will read as follows:

 

WHITMAN DEVELOPMENT REZONING; #03-Z1469:  Chair Rennels noted that this item was back on today's agenda merely to discuss the annexation issues surrounding the application and that because public comment was closed at the October 18, 2004 hearing, there would be no further public comment or applicant presentation.  Mr. Timm stated that the Planning staff has met with the City of Fort Collins as directed by the Board at the October 18 hearing. The City has indicated its desire to annex the property into the city limits once the rezoning takes place; however, the City is not in favor of expanding the operation on this site.  Chair Rennels stated that the rezoning of this property would alleviate the violation, and would allow Mr. Whitman to move into the 6000 square foot building and operate his business legally.  Chair Rennels stated that further expansion of the site would need to be addressed with the City of Fort Collins after annexation.  Mr. Karan presented an updated handout with the revised recommendations and conditions for approval based on comments made by the Board at the October 18 hearing.  The Board then discussed additional revisions that should be made based on the City’s position concerning annexation as expressed to Mr. Timm.

 

A.        Property rezoned as Planned Development (PD):

 

1.   Principal uses:

a.   Single-family dwelling.

b.   Trade use limited to:  Repair of lawn mowers, golf carts, recreational vehicle generators and other small engines (collectively “Small Engine Repair Business”).

2.   Accessory uses – Outdoor display and sales limited to used lawn mowers and golf carts during business hours and limited to a maximum of 500 square feet.

3.   Lot, building and structure requirements.

a.   Minimum lot size 15,000 square feet (.34 acres).

b.   Minimum setbacks:

1)   Front (Skyway Drive) - 25 feet from property line.

2)   West side - 10 feet.

3)   East side - 10 feet.

4)   Rear - 20 feet.

c.   Maximum non-residential building area:  6000 square feet.

d.   Maximum Structure height - 25 feet.

e.   The required change in occupancy will not require Site Plan Review. 

4.   All activities and materials associated with the Small Engine Repair Business (except for outdoor display and sales as specified in #A.2 above) shall be kept inside an approved commercial building at all times.

 

B.         Conditions of approval of rezoning to Planned Development (PD):

 

1.   Dedicate right-of-way as follows:

a.   3 feet of right-of-way along Skyway Drive in addition to the existing Skyway Drive right-of-way.

b.   A 30-foot right-of-way along the western property line for Aron Street.  (This right-of-way can include a 15 foot utility easement.)

c.   All such dedications shall be executed prior to the issuance of any building permits.

2.   The following must take place prior to moving the Small Engine Repair Business to the existing 6000 square foot building:

a.   Chain link fencing must be removed (except along the western property boundary) and replaced with screening which conforms to Section 8.5.4 of the Larimer County Land Use Code.

b.   The eastern property line must be screened by landscaping and fencing which conforms to Section 8.5.4 of the Larimer County Land Use Code.

c.   A change in occupancy building permit and a new certificate of occupancy must be approved and issued.

3.   All activities associated with the Small Engine Repair Business will be limited to the following business operating hours:  8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to noon on Saturday.

4.   This rezoning is effective only upon the signing of a Findings and Resolution and upon the receipt of a signed annexation agreement acceptable to Larimer County as required by Section 4.2.1.D.9 of the Land Use Code. The signed annexation agreement must be submitted within five (5) working days of the signing of the Findings and Resolution.  A change of occupancy permit application will be accepted by the County upon receipt of the signed annexation agreement.  However, the change in occupancy permit and certificate of occupancy will not be issued until the rezoning is effective.

5.   The applicant shall remove all outdoor storage by November 24, 2004 or issuance of a building permit, whichever comes first, except for the lawnmowers and golf carts accessory to the Small Engine Repair Business which may be displayed outdoors as provided in Paragraph A.2 above.

6.   Should the conditions # B.4-5 not be met, then Code enforcement shall commence immediately and the County Attorney's office is authorized to pursue legal action against the applicant.

 

The Board supported the PD zoning for this property.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve of amending the Minutes of November 1, 2004 as outlined above.

 

Motion carried 3-0.

 

7.  COMMISSIONER REPORTS:  The Board noted their attendance at events during the past week.

 

8.  LEGAL MATTERS:   Mr. Hass explained that he will be presenting the Board with an agreement for the purchase and sale of real estate regarding the Red Mountain Ranch; he requested the Board authorize the Chair to sign the document when it is presented for signature. 

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign the agreement for the purchase and sale of real estate pertaining to the Red Mountain Ranch once it is presented for signature.

 

Motion carried 3-0.

 

11162004A004           AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE (Laramie Foothills - Red Mountain Ranch)  This document was presented for signature later during that same day.

 

EXECUTIVE SESSION:  (Affidavit provided)

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners go into Executive Session for negotiations as outlined in 24-6-402-(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Executive Session ended and the meeting recessed at 10:15 a.m., with no further action taken.

 

LIQUOR LICENSE HEARING

RIVER FORKS INN RESTAURANT & STAGE STOP

(#137)

 

The Board of County Commissioners reconvened at 2:30 p.m. with Linda Conners and Bill Ressue, Assistant County Attorney's.  Chair Rennels presided and Commissioners Gibson and Bender were present.  Also present were: William and Muriel Jones, applicants; and Gael Cookman, Deputy Clerk.

 

Chair Rennels stated that the purpose of this hearing is to consider the application for a Hotel and Restaurant Liquor License for the River Forks Inn Restaurant & Stage Stop, LLC. doing business as The River Forks Inn Restaurant & Stage Stop, located at 1601 Big Thompson Canyon Highway, Drake, Colorado.

Ms. Connors noted for the record that the applicant has filed all necessary forms and has complied with all requirements, and public notices for the hearing have been published.

Mr. William Jones was sworn in and stated that he is the owner of the establishment and submitted exhibit 1-petition of surrounding area and exhibit 2&3-posting of notice on premises, which revealed no opposition to the establishment serving alcohol. Ms. Connors asked if Mr. Jones has familiarized himself with the liquor license laws of Colorado and how he intends to handle intoxicated patrons. Mr. Jones stated that he has been looking for information on the Internet regarding the laws and further stated that he has hired an operating manager that has been in the restaurant, lounge, and bartending business for many years. Commissioner Bender asked if Mr. Jones intends to be on the premises during business hours and Mr. Jones replied in the affirmative, noting that he lives in Loveland, but is at the establishment most of the time, unless out of town or otherwise unavailable. 

For the record, Ms. Connors noted that there was no one present in opposition of this license.  The Board strongly encouraged Mr. Jones to obtain alcohol training for his staff and to become completely familiar with the liquor laws.  Emphasis was placed on the fact that the liquor license belonged to Mr. Jones, not his operating manager, and that lack of knowledge or training would not be accepted as an excuse for violation of these laws.  The Board directed Ms. Cookman to provide Mr. Jones information both on the liquor laws of the State of Colorado and training opportunities available for liquor licensed establishments.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the application and authorize issuance of a Hotel/Restaurant Liquor License for the River Forks Inn Restaurant & Stage Stop, located at 1601 Big Thompson Canyon Hwy, Drake, Colorado; License to be issued upon return of the State liquor license for this establishment.

 

Motion carried 3-0.

 

The meeting recessed at 2:45 p.m.

 

PUBLIC HEARING FOR PROPOSED

INCREASES IN PARK FEES

(#137)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Gary Buffington, Parks Director.  Chair Rennels presided and Commissioner Bender was present.  Also present was: Gael Cookman, Deputy Clerk.

 

Mr. Buffington presented a handout and displayed an overhead projection slide of the proposed Park Fee increases for 2005 as follows:  1) Daily Boat Permits will increase from $6.00 to $7.00 per day, Friday through Sunday and on holidays. (It will remain $6.00 per day Monday through Thursday.  2)  Camping (non-electrical) will increase from $10.00 to $12.00 per day.  3) Camping (with electrical) will increase from $15.00 to $17.00 per day.   4)  Camper Cabins will increase from $45 dollars to $50.00 per night.  Mr. Buffington stated that historically they have not charged for boat-in camping, but will do so this year; he also noted that they have previously allowed up to three additional camping units per site; however, this will decrease to two additional camping units per site beginning in 2005.  Mr. Buffington provided the scenario that if someone has rented an electrical camping site at the full price of $17.00 per night, then they could have a friend join them at that same site and the additional party would only have to pay $12.00 per night.   This deviation in fees only applies to the electrical camp sites.  Mr. Buffington also noted that they will be constructing four additional cabins at the South Bay, which means that seven cabins will be available as rentals for next season. 

 

Chair Rennels opened up the hearing for public comment and Al Denigris addressed the Board noting his concerns as follows:  1) There is already an $8.00 reservation fee involved with renting a campsite and an increase in fees will make the cost of camping a bit exorbitant; 2) Taxes have been increasing yearly and residents are not getting enough for the taxes they pay in the way of park utilization.  Mr. Denigris also stated that he believes that non-residents of Larimer County should pay a higher rate and the difference between resident and non-resident fees should be greater.  Finally, Mr. Denigris stated that possibly the overhead in staff needed to administer the parks programs is excessive, as in his opinion, there are too many administrators being paid too much.  Don Waldburger, Carter Lake Concessionaire, stated that in his business he has received complaints from non-residents stating that their fees are too high and that there should not be a difference between resident and non-resident fees since they too pay for parks across the state in the way of lottery dollars.  In addition, Mr. Waldburger continued, the parks being subsidized by Federal Grants and Great Outdoor Colorado (GOCO) dollars.   There being no further public comment, Chair Rennels closed this phase of the hearing.

 

Mr. Buffington noted that Federal and State money often cannot be used for operating costs as those dollars are earmarked solely for the purpose of improvements.  Commissioner Bender stated that he believes there should be a differential in fees for residents versus non-residents, although the gap should not be that wide; he noted that the proposed fees are comparable to those statewide and he supported the fee increase.  Chair Rennels agreed and stated that even those counties that heavily subsidize their parks have to pay for it somehow, usually through their tax base; she explained that there is also the argument that those who use the parks should pay for them in the way of user fees.  Both Commissioners noted that there was a time when there was serious talk about surrendering the parks system back to the State and at that time there was overwhelming support from the public to retain park operations at that County level.  Therefore, Chair Rennels also supported the proposed increase in park fees.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the proposed increase in Park Fees as outlined above to be effective January 1, 2005.

 

Motion carried 2-0.

 

The meeting adjourned at 6:55 p.m.

 

 

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

___________________________________

Gael M. Cookman, Deputy County Clerk