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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JANUARY 14, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Doug Ryan, Environmental Health Department; Eric Tracy and Martina Wilkinson, Engineering Department; Savanah Benedick, Planning Department; Jeannine Haag, Assistant County Attorney; and Dana Bouchard, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance and explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

Chair Johnson noted that the letter from the applicant for the Bacon Quarry Special Review states that there are not sufficient funds to cover the project at this time. He questioned whether this three year extension would be enough time to complete the conditions.

 

Mr. Lafferty clarified that it is uncertain if the property owner will have proper revenue to complete the Quarry but that staff intends to meet with the applicant in the near future to discuss the conditions.

 

Chair Johnson requested clarification regarding details of the Coal Creek Project which were not mentioned in the materials for the Little Thompson and Coal Creek Federal Emergency Management Agency (FEMA) Floodplain Revisions.

 

Mr. Tracy explained that the Coal Creek project differs in that it will significantly improve the flood plain throughout that area, whereas the Little Thompson area is being affected both positively and negatively. Ms. Wilkinson further explained that the Coal Creek project will remove a large part of Old Town Wellington from the floodplain.

 

Chair Johnson thanked staff for their clarifications.

 

1.         GLACIER VIEW MEADOWNS 10TH FILING LOTS 23 & 28 LOT CONSOLIDATION AND EASEMENT VACATION – FILE #12-S3143:  This is a request to amend the plat of Lots 23 & 28 of the Glacier View Meadows 10th Filing, to consolidate the lots into one lot and vacate the 20-foot utility easement located along the common lot line.

 

Both properties are located in the Glacier View Meadows, 10th Filing just west of Chimney Rock Drive.  The Glacier View Meadows 10th Filing was recorded in 1979. The lots have been combined for tax purposes and are addressed as one lot.  Consolidating the lots will create one lot that is 5.04-acres in size. An easement vacation is also proposed for the existing 20-foot utility easement along the common lot line of these two lots to prevent transaction of the new lot.

 

Staff has found the lot consolidation will not adversely affect any neighboring properties or any County agency and will not result in any additional lots.

 

Staff recommends approval of the lot consolidation of Lots 23 & 28 of the Glacier View Meadows 10th Filing and vacation of the 20-foot utility easement located on the common lot line, file #12-S3143, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by July 14, 2013, or this approval shall be null and void.

 

2.   The vacation of the 20-foot utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

 

3.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

2.         BACON QUARRY SPECIAL REVIEW 3RD EXTENSION – FILE #08-G0164:  This is a request to extend the deadline for compliance with the amended conditions of approval for the Bacon Quarry Special Review.

 

The Board of County Commissioners approved the Bacon Quarry Special Review on December 22, 2008. The Board approved requests to extend the deadline for compliance with the conditions of approval on the following dates:

 

·  May 4, 2009 - an extension to November 30, 2009.

·  December 7, 2009 - an extension to February 20, 2011.

 

Due to the current state of the economy, the applicant has proposed another extension to comply with the Conditions of Approval for the Bacon Quarry Special Review to January 14, 2015.  The condition that has not been met includes the completion of improvements as required by the approval, which has not been completed due to a lack of funds.

 

Staff has reviewed the conditions of approval and find that the conditions still meet current standards of the Land Use Code.  Therefore, staff is in favor of extending the deadline to January 14, 2015, and recommends approval of the two-year time extension subject to the following conditions:

 

1.   Compliance with the Conditions of Approval shall be met by January 14, 2015.

 

2.   All conditions outlined in the Findings and Resolution approving the Special Review, approved on December 7, 2010, shall continue to apply.

 

3.         SPRING GREEN PLANNED DEVELOPMENT AND PLANNED LAND DIVISION PRELIMINARY PLAT – 2ND EXTENSION – FILE #03-S2210:  This is a request to extend the preliminary plat approval extension deadline from September 1, 2012, to January 14, 2015.

 

On June 27, 2005, the Board of County Commissioners approved the rezoning and preliminary plat for the Spring Green Planned Land Division, and in May of 2006 the applicant submitted a final plat application for the development.

 

One component of the overall development proposal was the requirement that the lower reaches of the property, near the Poudre River, would be mined for gravel prior to the recordation of the plat. Upon completion and reclamation of the gravel extraction, the plat would be recorded, the disturbed areas of the site would be sold, and remaining undeveloped portions of the project would be developed consistent with the approved development application.  However, during the review process the economy slumped. Although the gravel extraction has recently been completed, the final plat review of the planned land division application has not yet been completed.

 

According to the Land Use Code, once a preliminary plat application is approved the applicant has one year to submit a final plat, of which the applicant completed.  According to the code, upon receipt of a final plat application, the applicant has one year to complete the review and record the development. 

 

Since the downturn of the economy, the gravel extraction at the site slowed significantly and the applicant has not been able to finalize and record the plat.  In September of 2010, the preliminary plat application approval was extended to September 1, 2012, and the final plat was withdrawn to preserve entitlements and work already invested into the project.  Since the extension was granted, the slumped economy has continued, and progress has slowed even further.  

 

Based on the situation described above, the applicant has requested a second extension of the preliminary plat approval to January 14, 2015. 

 

Staff reviewed the original Findings and Resolution and found that the standards for the neighborhood or the Land Use Code have not significantly changed since the preliminary plat approval for this subdivision.  Additionally, the current state of the economy demonstrates that a second extension is necessary for this project.  As was applied in 2010, the resubmission of the final plat will include half the submittal fees and be based upon standards at the time of the original approval.

 

Should further extensions be applied for after January 14, 2015, the standards for future evaluations may be subject to change; however, these issues will be addressed only if that situation arises. Therefore, staff recommends approval of the 2nd two-year time extension of the preliminary plat for Spring Green Planned Land Division, file #03-S2210, subject to the following conditions:

 

1.   Submittal of the final plat shall be no later than January 14, 2015.

 

2.   The final plat fee shall be ˝ of the application fee, when submitted the standards for review of the final plat application shall be the same as those in effect when the preliminary plat was originally approved.

 

3.   All conditions of approval for the Spring Green PD and PLD found in Findings and Resolution #20050092774 shall continue to apply.

 

4.         LITTLE THOMPSON AND COAL CREEK FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) DFIRM AND LOMR MAP REVISIONS, AND COUNTY FLOODPLAIN OVERLAY ZONE BOUNDARY AMENDMENT – FILE # 12-G0244:  This is a request to adopt the new FEMA Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS) dated February 6, 2013, and to amend the Larimer County Floodplain Overlay Zone District boundary as a result of FEMA Floodplain Map Changes.

The National Flood Insurance Program (NFIP) is a Federal program enabling property owners in participating communities to purchase flood insurance as a protection against flood losses in exchange for community floodplain management regulations that reduce future flood damages. 

Participation in the NFIP is based on an agreement between communities and the Federal Government.  If a community adopts and enforces a floodplain management ordinance to reduce future flood risk to new construction in floodplains, the Federal Government will make flood insurance available within that community as a financial protection against flood losses. 

Larimer County has been a participating agency in the program since 1975.  This allows all property owners within Larimer County the option of purchasing flood insurance and enables federally backed mortgage loans for properties within a Special Flood Hazard Area.   

LITTLE THOMPSON 

In 2005, FEMA and the Colorado Water Conservation Board (CWCB) conducted a floodplain map modernization process and created digital floodplain maps for Larimer County.  The three major river basins (and their tributaries) in the County affected by these digital map conversion efforts were the Poudre River, Big Thompson River, and Little Thompson River.

The efforts along the Poudre River and Big Thompson River were completed and the resulting studies and maps adopted in late 2006. 

On the Little Thompson River, the 2006 effort was intended to take an old approximate Zone A floodplain and update it to identify base flood elevations (BFE’s) and a 0.5-foot rise floodway for the portions of the river in Larimer County between Boulder County and Weld County.  The process for completing and adopting a revised floodplain map for this area was delayed while various agencies reevaluated technical data that affects the limits of the 100-year floodplain.  

 

FEMA has now completed the work to delineate floodplains using revised hydrology and updated bridge data along the Little Thompson River corridor.  FEMA has issued the final letter of determination and the new maps must now be adopted by Larimer County.

 

The FEMA implementation process began with two newspaper notifications. After the notification, there was a 90-day appeal period, during which, property owners (or lessees) who believe their property rights would be adversely affected by the 100-year base flood elevations (BFE’s) could appeal to Larimer County and we would have forwarded all such appeals to FEMA.  During this time period, Larimer County had questions and concerns, but did not receive any formal appeals.

 

Larimer County sent individual notification via mail to each affected property owner that included an exhibit of their property that shows the changes.  We also provided information on the County’s website.  A public open house was held on January 24, 2012, and provided citizens the opportunity to learn more about the changes, ask questions, get information on options for insurance, etc.  The open house was mentioned in the individual mailers, on the web, and through a press release and was attended by county staff, as well as Berthoud staff, CWCB staff and FEMA representatives. 

 

Larimer County is now required to adopt the new maps as part of the official zoning maps for Larimer County in order to remain in good standing within the National Flood Insurance Program.   There are about 239-acres of land being ‘added’ to the 100-year floodplain across 76-parcels, impacting approximately 29-structures, including 10-residences. 

 

These areas will be impacted by increased land use regulations, and requirements for flood insurance on federally backed mortgages. Options for these property owners include a grandfather clause that offers flood insurance cost savings to existing structures, and a process to get structures removed from the floodplain if detailed technical data for a specific property indicates that the structure is above the BFE. 

 

There are about 35-acres of land being ‘removed’ from the 100-year floodplain across 61-parcels, impacting approximately 18-structures, including 4- residences.  These residences may no longer be subject to floodplain insurance requirements and the specific land use regulations applied in floodplains.   

 

COAL CREEK FLOOD MITIGATION PROJECT 

The purpose of the Coal Creek Flood Mitigation Project is to alleviate flooding of Coal Creek through the Town of Wellington.  The project is the first of three to be completed as part of the Boxelder Stormwater Authority.  The Authority is a joint effort by the City of Fort Collins, Town of Wellington, and Larimer County and is charged with completing three regional stormwater projects as outlined in the adopted Boxelder Basin Regional Stormwater Master Plan. 

The project involved substantial public outreach and information.  During the development and adoption of the master plan, there were numerous outreach and comment opportunities.  More specifically the Coal Creek project included a number of public meetings, individual meetings, and monthly public status reports. 

 

The project went to the Larimer County Flood Review Board in June 2010 to request a map revision and a floodplain special review.  The Flood Review Board approved the map revision and made a recommendation of approval for the floodplain special review.  The Board of County Commissioners then approved the floodplain special review.  

 

The project was also presented to the Planning Commission through a Location and Extent Application and received approval on October 20, 2010. 

 

The project started construction in spring 2011 and was completed in fall 2012.  A final Letter of Map Revision was prepared and submitted to FEMA and we have received a final letter of determination. The county did not receive any formal appeals during the appeal period for this project.

 

The approval of the new FIRM and FIS dated February 6, 2013, will automatically adopt the Coal Creek LOMR, which has an effective date of February 4, 2013.  This project is also being presented to the Planning Commission to formally adopt the boundary changes in the Larimer County flood overlay zone districts.

 

Staff recommends that the Larimer County Board of County Commissioners:

1.    Adopt the following Federal Emergency Management Agency’s Flood Insurance Rate Maps (FEMA FIRMs) dated February 6, 2013:

(a)    Panel Number 08069CIND1D

(b)    Panel Number 08069CIND2D

(c)    Panel Number 08069C1368G

(d)    Panel Number 08069C1369G

(e)    Panel Number 08069C1375G

(f)    Panel Number 08069C1386G

(g)    Panel Number 08069C1387G

(h)    Panel Number 08069C1388G

(i)   Panel Number 08069C1389G

(j)   Panel Number 08069C1391G

(k)    Panel Number 08069C1400G

 

2.    Approve the amendments to the Larimer County Floodplain Overlay Zone District Boundaries as a result of FEMA’s adoption of the revised FIRMs for both Little Thompson and Coal Creek.

 

5.         XCEL ENERGY NATURAL GAS LINE BIG THOMPSON AT WILSON AVENUE – FLOODPLAIN SPECIAL REVIEW:  This is a request to allow the installation of a 16-inch underground gas transmission line to cross the flood-fringe and floodway overlay zones of the Big Thompson River at Wilson Avenue.

 

XCEL Energy/Public Service Company of Colorado is requesting approval of a Floodplain Special Review to allow the installation of a 16-inch underground natural gas transmission line to cross the floodway and flood-fringe overlay zones of the Big Thompson River. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.

 

The Flood Review Board met on Thursday, December 20, 2012, and reviewed the report prepared by SEH, Inc dated November 8, 2012, and found the analysis to be acceptable. A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with the following conditions:

 

1.   The design drawings revised to show the gas line going through competent bedrock beneath the weathered portion below the main channel.

 

2.   To approve the FPSR and allow an underground 16-inch natural gas transmission line to cross the flood-fringe and floodway overlay zones of the Big Thompson River.

 

Staff finds that all review criteria in Section 4.2.2.I of the Land Use Code have been met and recommends approval of the FPSR to allow an underground 16 inch natural gas transmission line to cross the flood-fringe and floodway overlay zones of the Big Thompson River.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:10 p.m.

 

TUESDAY, JANUARY 15, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Gary Buffington, Department of Natural Resources; Bob Herrfeldt, Fairgrounds and Event Center; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Joseph Flannigan addressed the Board with concerns regarding the Horseshoe View Estates Public Improvement District.

 

Bob Havis addressed the Board and stated his opposition to shooting on public lands and Dr. William Henderson stated his support of shooting instruction and shooting on public lands.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 7, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 7, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 21, 2013:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as follows:

 

PETITIONS FOR ABTEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Jay Hun Im/Ok Woo Im and Kyle and Abigail Keeler. As recommended by the County Assessor, the following Petitions for Abatement are denied:  Genevie Drew, FatMix Holdings, James Gulley, Mark Manning, Russell Morgan, Micheal Prom, John Smiley, Soukup Investments, and Springer Investment Group LLC.

 

01152013A001           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR DEMMEL LAKE ESTATES RLUP

 

01152013A002           AGREEMENT CONCERNING BUILDING, FENCES, AND IRRIGATION PIPES IN PLATTED RIGHT-OF-WAY OF LARIMER COUNTY ROADS 11 AND 64

 

01152013A003           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF PUBLIC WORKS

 

01152013A004           EXTENSION OF LEASE AGREEMENT – FAIRGROUNDS AND EVENTS CENTER

 

01152013A005           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – BRET LARIMER LTD, DOCKET NO. 60653, SCHEDULE NO. R1609267

 

01152013D001           DEED OF DEDICATION – RUSSEL AND MAE E. MAXELL TRUSTEE’S

 

01152013R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DEMMEL LAKE ESTATES RURAL LAND PLAN

 

01152013R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE CHAPMAN FARMS CONSERVATION DEVELOPMENT AND REVOKING THE APPROVAL OF THE OLANDER FARMS CONSERVATION DEVELOPMENT

 

01152013R003           FINDINGS AND RESOLUTION APPROVING AN AMENED PLAT OF LOTS 3, 4, AND PORTIONS OF 5, BLOCK 4A AND LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 18, 19A, AND 20, BLOCK 1, ROMONA HEIGHTS SUBDIVISION AND PARTIAL VACATION OF ACCESS EASEMENT

 

MISCELLANEOUS:   Monitoring and Permit Deviation Report for Larimer County Landfill, Treasurer’s Six Month Report, Recommendation for Mid-Term Appointment, Final Plat for Demmel Lake Estates R.L.U.P. 11-S3055.

 

LIQUOR LICENSES:  Gateway Liquors – Retail Liquor Store – Loveland; Poudre Spirits and Wine – Retail Liquor Store – Bellvue; Masonville Store – 3.2% Beer Retail – Masonville; JJ’s Liquor – Retail Liquor Store – Fort Collins; Boyd Lake Marina – 3.2% Beer Retail – Loveland; Be Local Northern Colorado – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

5.         RECREATIONAL SPORT SHOOTING IN NORTHERN COLORADO:   Mr. Buffington explained that Larimer County has been requested to participate in a collaborative effort along with Boulder, Gilpin, and Clear Creek counties, together with the U.S. Forest Service and Colorado Parks and Wildfire Division to address recreational sport shooting along the northern front range. The group will use a collaborative process to develop a strategy to provide safe opportunities and promotes responsible shooting.

 

Some discussion ensued regarding the function and goals of the collaboration.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve joining a collaborative group of agencies and other counties, as listed above, to address Recreational Sport Shooting in Northern Colorado; appoint Commissioner Donnelly to the Executive Committee, and appoint Gary Buffington to the Steering Committee.

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann provided an overview of the employee fundraisers for the United Way and the Larimer County Food Bank and noted two letters of support written on behalf of the commissioners for the Discovery Center and an organization aimed at wildfire mitigation and prevention.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

8.         LEGAL MATTERS:  Ms. Haag an Mr. Ressue requested the Board go into executive session to receive legal advice regarding Kaleb Young vs. Sheriff’s Office.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board emerged from executive session. Ms Haag explained that the case discussed during the executive session involved the seizing of marijuana plants, by the Sheriff’s Office.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the defense by Larimer County and the Larimer County Attorney’s Office of Justin Smith, the Larimer County Sheriffs’s Office and Deputy Pete Mesecher in Larimer County District Court, case no 12CV1227, filed by Kaleb Young, and to pay any judgments that may be entered against them in their official or individual capacities.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 10:30 a.m.

 

 

 

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana S. Bouchard, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.