By Donna Currie At a working group meeting, FasTracks representatives presented their preferred alternative for the Gunbarrel station to the public. It was noted that unlike other corridors, where property had to be acquired for track alignments and maintenance facilities, in the Northwest Corridor the only land needed would be for the stations themselves. While layover facilities had been considered in the Northwest Corridor, it has since been decided that all trains will return to the maintenance facility in Denver, so no extra property is needed for train storage. Options for the location of the Gunbarrel station had been narrowed down to what were described as the East or West sites. The West site, south of Hwy. 119 and west of 63rd Street was chosen as preferable. At that location, the first option was the building previously occupied by Intrado, but that has since been rejected due to the cost. Now under consideration is a property just west of the Intrado building. This site is slightly smaller, and will yield fewer parking spaces, which was a concern to several residents who worried that cars would park on private property, or that they, themselves, wouldn’t be able to find a space when they wanted to use FasTracks. RTD has done studies on ridership and parking, and is confident that the site will have sufficient parking. However, it is possible that RTD could buy adjacent property in the future, or expand parking by building a structure. When asked whether the new station might house coffee shops or commercial development, it was explained that if the property is acquired by condemnation, mixed-use development may not be allowed. However, other nearby landowners could develop their own properties to take advantage of retail needs of commuters. Some members of the public questioned how the proximity of the rail station would affect their property values. Chris Quinn, RTD planning project manager said that while nothing is guaranteed, studies have shown that stations do not decrease property values, and that property values often increase. As far as Quiet Zones, RTD has $300,000 per crossing budgeted for safety upgrades, which could be added to other funds to help the crossings meet Quiet Zone requirements. At this stage, the total cost to implement Quiet Zones has not been determined, and the process to apply for that designation has yet to begin. Also in the “not finalized” stages are decisions regarding single or double track, the ability to transport bicycles on the trains, and the possibility of making the station easily accessible by foot or bike path. RTD will be scheduling more public meetings. In the meantime, for more information
RMCC Lawsuit The lawsuit by Rocky Mountain Christian Church against Boulder County will go to trial as scheduled in November after the U.S. District Court declined to dismiss most of the church’s claims without a trial. RMCC has a 106,000 square-foot church building on a 54.4 acre parcel of land at Niwot Road and 95th Street in unincorporated Boulder County. In 2004, the church applied to increase the size of the church building to more than double its current size. The Boulder County Commissioners denied the application in 2005, on the basis that the proposal was inconsistent with the semi-rural area near Niwot. The church filed suit, claiming that the denial was a violation of a federal law which prohibits land use regulations from imposing a substantial burden on the free exercise of religion without a compelling governmental interest. The church also claimed that the denial violated the church’s First Amendment rights under the United States Constitution as well as similar rights granted by the Colorado Constitution. On March 31, Judge Robert Blackburn dismissed several of RMCC’s claims against Boulder County on a motion for summary judgment. The county sought to have 13 of the church’s claims dismissed before trial, but the court found that there was enough dispute about factual matters on most of the issues to require a trial. The court did, however, grant part of the county’s request. The court dismissed part of the church’s claims under the Religious and Land Use Institutionalized Persons Act (RLUIPA). One of the church’s claims was that the Land Use Code allowed the county to treat the church differently than public schools. Rocky Mountain Christian Academy offers a pre-school through eighth grade program with a maximum of 400 students. Niwot High School, with an enrollment of over 1200 students in grades 9-12, is less than a mile from Rocky Mountain Church. In rejecting the church’s claim under RLUIPA, the court noted: “Section 2000cc (b)(1) requires the county to treat the Church on equal terms with nonreligious assemblies or institutions. Section 22-32-124 of the Colorado Revised Statutes provides that public schools generally are exempt from county land use control, although this statute requires boards of education to conform to local rules to the extent feasible. … The Church argues that § 2000cc (b)(1) of the RLUIPA requires the county to treat the Church at least as well as public schools are treated under this state statute. I disagree.” Judge Blackburn noted that the church did not claim that the Land Use Code makes an explicit differentiation between the treatment to be accorded religious institutions and nonreligious institutions. He stated: “Rather, the Church claims that the county has applied its facially neutral Code to the Church in a way that constitutes unequal treatment of the Church.” In rejecting the church’s argument, Judge Blackburn stated: “Public schools are not similarly situated to the Church because, inter alia [among other things], land use by public schools is controlled by provisions of law created by the State of Colorado, and not by the county. Under that state law, land use decisions concerning public schools are made by different decision-making bodies applying different standards.” He continued: “I note also that interpreting RLUIPA to require that the Church be accorded the same treatment as public schools, while entities other than public schools are not entitled to such treatment, may create a conflict between RLUIPA and the Establishment Clause of the First Amendment. Such a reading of RLUIPA effectively would exempt religious institutions from many land use regulations to which nonreligious institutions, other than public schools, are subject. Legislation that accords such treatment to a church because it is a church readily could be read as having a primary effect of advancing religion and eliminating government neutrality toward religion in the area of land use. These circumstances would raise significant Establishment Clause concerns.” The court rejected the county’s claim that the complaint did not meet a jurisdictional requirement. Noting that the project would cost “tens of millions of dollars,” the court found that the construction project would necessarily involve interstate commerce, and as a result, the jurisdictional requirement of RLUIPA was met. The court ruled against the church’s claim that the Land Use Code is unconstitutional on its face because it discriminates against religious institutions. In addition, the court rejected the church’s argument that the Code gave too much discretion to the Board of County Commissioners in deciding Special Use Review matters. Judge Blackburn stated, “The criteria outlined in section 4-601 [of the Land Use Code] do give the Board discretion, but I conclude that the discretion provided in section 4-601 is, on its face, guided and not unbridled. Therefore, I conclude, as a matter of law, that the Code is, on its face, a set of neutral rules of general applicability.” The court also granted summary judgment on the church’s claims that the actions of the Board of County Commissioners in filing a lawsuit for Declaratory Judgment violated the constitution by violating the church’s First Amendment right to petition the government. After denying the church’s application, the county authorized the filing of a Declaratory Judgment action, asking the U.S. District Court to decide if the county’s decision to deny the application violated RLUIPA. The Declaratory Judgment action was dismissed by a different federal judge on The church cited as evidence of the county’s animosity comments from Planning Commission members, and comments of a former county commissioner. The church also cited a statement made by the late commissioner Tom Mayer after he viewed a videotape depicting the church’s Sunday school program, in which he said, “My father would be rolling over in his grave.” Judge Blackburn stated, “Commissioner Mayer’s comment concerning his father’s reaction to a video of a Sunday school session says little or nothing about Commissioner Mayer’s reaction to the video, and says nothing about Commissioner Mayer’s motive in determining that a declaratory judgment action should be filed to resolve the RLUIPA issues presented by the Church.” The court found that no rational person could find any evidence that the county commissioners had retaliated against the church by filing the Declaratory Judgment action, noting that the comments of others could not be attributed to the Board of County Commissioners.
Niwot LID Advisory Committee Formed By Mandy Walker The Board of Boulder County Commissioners appointed nine local residents to be members of the advisory committee for the Niwot Local Improvement District, which covers both Second Avenue and Cottonwood Square. The committee will make recommendations to the commissioners on how to spend an estimated $55,000 from the LID’s sales tax. Ann May, resident of Cottonwood Park, is representing the Niwot Community Association. May moved to Niwot from Boulder in 2006 and dived right in, joining the NCA and working at Nostalgia Days. “I discovered a smaller, more manageable place,” said May. “I really wanted to become a part of this community.” While May thinks beautification, particularly around the entry points to Niwot, is important, she’s looking forward to hearing what residents have to say. “I don’t think I have any answers,” said May. “I’m going to be talking to people and consulting with experts as we go along.” Niwot resident Lane Landrith believes his experience on the LID for downtown Boulder will be invaluable. “I’m proud and honored to have been selected,” said Landrith. He said deciding how to use the limited resources while keeping the different stakeholders, such as the merchants, restaurateurs and entrepreneurs, happy will be a challenge. However, he would like to see an emphasis on drawing in visitors to downtown. “My priority would be a marketing and PR effort, not only to attract new visitors but to remind the faithful to continue to visit,” said Landrith. As an 18-year resident of Niwot, committee member Jim Eastman said he enjoys Niwot’s community and sees Niwot as a destination-type town, an escape from Boulder or Longmont, with a number of specialty shops and the events at Whistle Stop Park creating a draw for visitors. Eastman believes the current infrastructure provides a good basis for the business community to invest around, and the committee’s challenge will be to leverage Niwot’s unique rural character. In particular, he asked, “How are we going to manage parking, traffic and crowds for events?” The other members of the committee are Anthony Santelli, an owner of Niwot Tavern and representative for the Niwot Business Association; Euvaldo Valdez, business representative; Robin Abb, owner of Rockin’ Robin’s; Harris Faberman, manager for Bridge Commercial Partners, LLC; Biff Warren, partner of Warren, Carlson and Moore, LLP and Carrie Wise, owner of Wise Buys Antiques. The Niwot sales tax was increased from 0.5 percent to one percent at the beginning of the year and the commissioners have agreed that funds from the increase can be used for a variety of purposes, such as parking, informational kiosks, gateway signs, street lighting, sidewalks, curbs and gutters, and drainage. The funds can also be used to promote Niwot, which would allow the LID to publish and distribute brochures about Niwot, establish and staff a visitor’s center, and create signs, banners and advertisements promoting the Niwot community. The balance of the sales tax revenue repays the cost of street and drainage improvements and lighting on Second Avenue made in the early 1990s. At the current rate of collection, $54,396 in 2006, that debt will not be fully repaid until 2011. The advisory committee is scheduled to meet the first Tuesday of each month beginning May 6 at the Eagle Place community room at 7 p.m. Meetings are open to the public.
Construction Begins On Market Square At Williams Corner By Mary Wolbach Lopert Construction has begun on what will be a three-building redevelopment of the old Mockingbird restaurant and two adjacent sites. Listing agent Danny Lindau of the Colorado Group said the development is called Market Square at Williams Corner. Construction has begun on the eastern-most building, located at 6712 Lookout Rd. Petur Williams is the developer, and Williams hired Sandy Weeks of Blue Spruce Construction to build the project. The building’s height will be 34 feet 9 inches, which is within City of Boulder guidelines. There will be 23 above-ground parking spaces. The city of Boulder requires 22 spaces. The first floor is slated for a coffee shop style restaurant while the second floor will be office space. Weeks said that build-out should be six months, putting the building completion in October or November. According to site architect Vern Seieroe, the mixed-use site will have 69 parking spaces with 25 being underground per unrestricted use space; 13 spaces restricted in secure, gated space for condominium owners; and 31 spaces above ground. As for the overall feel for the development, Weeks said it will have a Tuscan market feel and will utilize Mediterranean colors. It will also be pedestrian and bike friendly with walkways that will join existing city pathways. “It’s got good scale and mix of shops and restaurants. It will draw from both Boulder and Longmont,” Weeks said. Above all she feels this type of mixed use will be very pedestrian-friendly. For more information on Market Square at Williams Corner call Danny Lindau, president Colorado Group at 303-449-2131.
Commissioners Approve BuildSmart Code By Mandy Walker Following a final public hearing, the Board of the Boulder County Commissioners approved the amendments to the building code for the BuildSmart program and made it effective for all building permits applied for on or after May 1. Staff estimated the requirements would increase construction costs from 3 to 8 percent. Commissioner Will Toor defended those costs, stating that it would be possible to get a 3,000 square foot home to the required energy level at essentially no net cost: the additional costs could be rolled into a mortgage and the increase in monthly mortgage payments would be offset by the decrease in monthly energy bills. While building code updates are generally scheduled every three years to coincide with updates to the national code, Commissioner Ben Pearlman called for public hearings in about nine months to a year to gather feedback on the regulations. In response to public comment that the regulations did little to encourage increased energy efficiency in existing homes, Pearlman said that the county currently assists homeowners through the Residential Energy Audit Program and it hopes to have two additional programs in place by the fall/winter. One program would provide matching grants for homeowners for insulation installation and another would provide long-term low-interest finance for residential energy installations. Those same energy ratings apply to additions or renovations in excess of 3,000 square feet or that result in total conditioned floor area in excess of 3,000 square feet. The regulations set out requirements for building deconstruction and no longer permit demolition. Additionally, all construction site wood, scrap metal, cardboard and concrete must be recycled. For information on the Residential Energy Audit Program see www.conservationcenter.org/Energy_Audit_Pilot_Program.htm Commissioners Agree On Building Size Amendments By Mandy Walker While agreeing that the appropriate threshold size for buildings in unincorporated Boulder County was about 3,500 square feet, the Board of Boulder County Commissioners was not ready to finalize regulations for the expanded transfer development rights program at the latest public hearing held April 8. The program will require property owners wishing to build residences over the threshold to purchase development credits to preserve open space and undeveloped land elsewhere in the county. The threshold size would exclude subterranean basements and 1,000 square feet of unconditioned garage/storage space. A previous proposal to include 50 percent of a covered porch and/or deck was dropped, since these can be advantageous for green building. The proposed threshold, including a basement and garage space, would allow for a residence of 6,000 to 7,000 square feet before development credits would have to be purchased. As proposed, the program would apply to existing TDR PUD’s. The commissioners agreed to review this in light of public concerns raised that this would be inequitable in developments which were partially built out and where the county had been involved with covenant negotiations, that in some cases included minimum residence size. Residents of Allenspark represented the majority of public comment and many urged the commissioners to drop the proposal. Some threatened to incorporate, litigate or secede if the program was implemented. One common area of concern was what would be considered compatible with the neighborhood for the Site Plan Review process. As currently drafted, a development would be presumed to be compatible if it was equal to or less than 125 percent of the above grade median floor area for that neighborhood. In Allenspark, the definition of neighborhood would include small seasonal cabins that have outhouses. Including those cabins would significantly limit the size of home a property owner could build. The commissioners agreed to examine the definition further in light of these comments. Under the program, rights from vacant building lots could be sold for development credits in exchange for either a conservation easement or fee simple interest. The number of development credits would depend on the type of restriction and property location. Lots in the plains would be valued higher than mountain lots. Property owners with residences of 2000 square feet or less could also sell their development credits in exchange for a deed restriction on their properties preventing future development. Commissioner Ben Pearlman said there were about 5,000 homes in Boulder County that were 2,000 square feet or smaller, whose owners would be able to take advantage of the program. While a number of speakers accused the commissioners of not listening to comments, Pearlman responded, “This proposal has changed dramatically because of the input of the public,” and added that he doubted that it would get to something everybody thought was perfect. The commissioners are scheduled to meet on this topic again on May 6 and although Pearlman doubted there would be another public hearing, he encouraged people to continue to submit their comments to staff.
By Ruth Trytko The Niwot High School Graduating Class of 2008 has come a long way:
That Was Then At Niwot Elementary School Ms. Maniatis’ Class
Mrs. More’s Class
Mrs. Percifield’s Class
Ms. Schulte’s Class This Is Now At Niwot High School.
Shepherd of the Hills Church Welcomes New Pastor By Liz Emmett-Mattox After searching for 18 months, the patience and persistence of the Call Committee at Shepherd of the Hills Lutheran Church in Gunbarrel finally paid off. Marty Lettow was just who they were looking for.
By Anne Dyni As families everywhere begin to plan their summer vacations, their travel choices are many. Even with rising fuel prices, options include rail, air or family car. But consider for a moment the travel plans of families over a century ago. For those already living here, tourist destinations like Estes Park or the western slope required hitching the team to a covered wagon loaded with tents, food and cooking gear. Diaries of family hunting and fishing trips to Wyoming or into the mountains west of Boulder read like adventure stories. Flora Ewing was just a girl in 1885, when her family set off from their farm at 95th and Arapahoe Road to visit relatives west of Glenwood Springs. “Father fixed the wagon for travel,” she wrote. “Bows and a canvas cover were put over the wagon, and we loaded it with the necessary provisions. Over the top of the load, a good comfortable bed was made and covered by a stout canvas cover, securely fastened down.” When two railroad lines reached Boulder County in 1873, mountain travel became easier. Tourists boarded the train in Boulder for a day trip to Mt. Alto to picnic and dance in its pavilion, throw snowballs, then pick armloads of wild flowers before returning home. In addition, a weekend passenger train from Denver brought hundreds of tourists to Meadow Park in Lyons to fish, picnic and relax for the day. Then in 1906, F. O. Stanley introduced his Stanley Steamer, dubbed the “locomotive of the highways.” Tourists heading for the Stanley Hotel in Estes Park were now able to board one of its 11-passenger “mountain wagons” in Loveland or Lyons and be driven to the hotel. One driver, Neil Lohr of Hygiene, recalled his experience years later. “It’s a wonder people weren’t killed in those things, because the narrow dirt roads weren’t as good as they are now. They weren’t highways by any means.” When Henry Ford introduced his Model-T in 1908, the average family could finally afford to vacation in their own car. They crammed tents, poles, bedrolls, firewood and lanterns into and on top of their cars, leaving little room for passengers. But camping became more comfortable when Denver’s Schaefer Tent and Awning Company introduced its Auto Tent in 1923 .… a canopy attached to the car top, and a foldout bed hinged at the running board. Motels and campsites were not yet available between towns, so the auto tent provided comfortable overnight camping under a tree, in a farmer’s field or a school yard. The latter was preferred because it was flat and had an outhouse nearby. Are we having fun yet?
Photo from Lois Polzin McGinty glass-plate negative.
Bison Take Fifth In Hockey Nationals By Bruce Warren The Boulder Bison Midget Major AA Hockey team placed fifth in USA Nationals held in Buffalo, New York April 2-6. The team of 18 and under players from the Boulder area, including local players Sam Zarat, Erich Seufert, Griffin Tanenbaum and Gabe Keeler, won the district title in Oklahoma City to earn the trip. The Bison lost to New Hampshire, 3-1. The Bison gave up the first goal on a power play, then tied the game 12 minutes into the first period. New Hampshire scored two unanswered goals for the win. The Bison were outshot 31-14. According to Bison fan Patty Stutz-Tanenbaum, “The game with the Monarchs was an emotional third game where both teams poured their hearts out to compete. Both teams were spent from that game and did not win another game in the championship tournament.” The final game saw the Bison lose to the USA Eagles, 3-1. The Bison scored first off a goal by Tanenbaum, again assisted by Seufert, six minutes into the first period. But the Eagles tied the game in the second period, then scored two more goals for the win. Zarat played three full games and one partial game in goal, allowing a total of 22 goals with a save percentage of .821. Stutz-Tanenbaum noted that her son, Griffin, scored his team’s final goal in the final game of his 12-year youth hockey career in the semi-finals of the National Championship Tournament, and was most appreciative of the entire Bison organization. “The Bison had an exceptional season through the leadership and coaching finesse of Head Coach and BVYHA Coaching Director Matt Huckins, and Assistant Coach Zach Meints,” she said. The Eagles and Monarchs went on to finish second and third in the tournament, respectively.
|
