> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/25/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, FEBRUARY 25, 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:  Eric Tracy, Traci Shambo, and Martina Wilkinson, Engineering Department; Doug Ryan, Environmental Engineering Department; Savanah Benedick, Planning Department; William Ressue, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing 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.

 

Mr. Lafferty requested that item #2, “Larimer County Urban Area Street Standards Amendment (LCUASS),” be moved to the consent agenda. The Board agreed.

 

1.         GLACIER VIEW MEADOWS 8TH FILING, LOT 1 EASEMENT VACATION, FILE #13-S3149:   This is a request to vacate a 10-foot by 30-foot portion of the 20-foot utility easement for Lot 1, Glacier View Meadows 8th Filing, PUD Amended Lots 53 and 54, in order to allow a 24-foot by 30-foot garage on the property. This is submitted in conjunction with a variance request, case #12-BOA0925.

 

The property is located in the Glacier View Meadows 8th filing and is zoned E-Estate.  The surrounding zoning is E-Estate and the surrounding use is predominantly single-family residential. The subject property is approximately 1.9-acres with constraints relating to topography and steep slopes behind dwelling. The applicant is also requesting a setback variance from the 45-foot setback requirement from the designated right-of-way in order to build the garage.  The Board of Adjustment will hold a public hearing on February 26, 2013, to review the setback variance request.

 

The Development Services Team recommends approval of the Easement vacation for Lot 1 Glacier View Meadows 8th Filing AMD Lots 53 and 54, file #13-S3149, subject to the following conditions:

1.   All conditions of approval shall be met and the final resolution recorded by August 25, 2013, or this approval shall be null and void.

 

2.   The 10-foot by 30-foot vacation of the 20-foot utility easement shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

 

2.         LARIMER COUNTY URBAN AREA STREET STANDARDS AMENDMENT (LCUASS):   This is a request to make changes to the LCUASS- Appendix C (City of Fort Collins Streetscape Design Standards), Appendix H (Fort Collins Multimodal Transportation Level of Service Manual), and Appendix I (Roundabout Design Manual).

 

The Larimer County Urban Area Street Standards (LCUASS) are a comprehensive urban-level set of engineering design and construction standards used within the city limits and growth management areas of the Cities of Fort Collins and Loveland.   The document guides the design of both private developments and public engineering capital projects.  

 

The standards represent a collaborative effort between Larimer County, Fort Collins, and Loveland and they are enforced through intergovernmental agreements.  Since the original inception of the standards in 2001, one major revision of the document was adopted in October 2002 and a second update, which mostly included technical revisions, was adopted in 2007.  

 

The Larimer County Urban Area Street Standards (LCUASS) is a living document that requires periodic amendments and revisions to keep it current with Department policy changes and technical changes in the industry.

 

The vast majority of the document applies consistently to all three entities.  However, there are some items, sections, or appendices that only apply to one or more of the entities due to differing interests, requirements and/or policies.  It should be noted that although not all of the sections of the LCUASS are applicable within the unincorporated areas of Larimer County, Larimer County still needs to approve any changes to the document as required in Section 1.6.

 

Section 1.6 of the LCUASS outlines how changes to the document shall be made. This section describes “Policy Revisions” as major changes that will cause significant increased cost or controversy and describes “Technical Revisions” as minor additions, revisions, and corrections necessary to better conform to current engineering and/or construction standards or practices. This section also specifically states “For unincorporated Larimer County, any revision, whether “policy” or “Technical” shall become effective only after approval by the Larimer County Board of County Commissioners, following receipt of recommendation from the Larimer County Staff”. 

 

There are three main sections of the LCUASS proposed for revision: Appendix I, C, and H. Appendix I is the only section that is applicable to Larimer County.  Appendix C and H only apply to the City of Fort Collins and are not applicable within the unincorporated areas of Larimer County or within Loveland City limits. However, the County still needs to approve these changes to be in compliance with LCUASS, Section 1.6, which outlines the process for revisions and amendments. 

 

1.   Appendix I – Roundabout Design Manual

Appendix I is being replaced in its entirety. In a combined effort, the City of Loveland, City of Fort Collins, and Larimer County updated the Roundabout Design Manual in order to reflect current industry standards and provide a clearer and more detailed guidance to roundabout design.  The enhanced technical standards allow a broader segment of the engineering community to undertake roundabout design, with the purpose of promoting the design and construction of safe, consistent, and sustainable roundabouts within the communities.

 

2.   Appendix C – City of Fort Collins Streetscape Design Standards and Guidelines

Appendix C is being replaced in its entirety. The City of Fort Collins has identified needed changes to Appendix C to reflect the City’s most current policies and adopted Master Plans. The City of Fort Collins Council is expected to adopt the revised section of Appendix C by February 19, 2013.  

 

3.   Appendix H – Fort Collins Multimodal Transportation Level of Service

The City of Fort Collins Council adopted a revised Pedestrian Plan in March of 2011. Therefore, pages 24-27 of Appendix H are now outdated and need to be replaced to reflect the information in the current Pedestrian Plan.

 

Staff recommends that the Board of County Commissioners approve the proposed amendments to Appendices C, H, and I of the Larimer County Urban Area Street Standards with the addition of the sentence on page nine of Appendix I, reflecting the pavement type for the City of Loveland, and pending adoption of the City of Fort Collins Appendix C – Streetscape Standards. The effective date will be March 1, 2013.

 

M O T I O N

 

Commissioner Donnelly moved that that Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.   

 

3.         SCHAFFER/DRAKE CAMPGROUND FLOODPLAIN SPECIAL REVIEW :  To allow a campground to operate within the Flood Fringe and Floodway Overlay Zone Districts. In 1981, the subject property was subdivided into two parcels, (Parcel A and Parcel B, conditioned on the property being used for residential use only. As a result of the residential use only restriction, any legal non-conforming use of the property for a campground ceased. Please see the attached timeline.

 

On January 18, 2012 the County terminated the restriction limiting the property to residential use only so the owner could pursue approval of the campground through the Special Review and Floodplain Special Review processes. On May 29, 2012, the County Commissioners entered into an agreement with the owners of the subject property to allow them to use the property for a campground through and including May 31, 2015, provided that the owner submits an application for Special Review and Floodplain Special Review on or before September 28, 2012. The applicant must obtain Special Review approval and Floodplain Special Review approval on or before May 31, 2015, or they have agreed to immediately cease all use of the property for a campground. Please see the attached agreement.

 

The applicant has submitted an application for a Floodplain Special Review requesting to allow a campground to operate within the Floodfringe and Floodway Overlay Zone Districts and proposing to mitigate the risk of a hazardous flood condition by implementing a Flood Early Warning System. This proposed system includes registration with Larimer Emergency Telephone Authority (LETA) 911, an air raid siren, a warning sign in the campground and a notification form for the campers.

 

Flash flooding has occurred several times in the vicinity of the site. A Special Floodplain Information Report (December 1976) prepared after the Big Thompson Flood summarizes the past flood record and describes the characteristic of each flood event. Please see the attached selections from this report. This report states, “The confined and hydraulically steep channel characteristic of the Big Thompson River above the canyon mouth, will sustain hazardous velocities throughout the canyon bottom for major flood events,” The FEMA Flood Insurance Rate Map, Panel # 06069C1137F shows this area being within the limits of the 100-year floodplain (1% annual exceedance probability).

 

An email from Lieutenant Pat Mialy with the Loveland Fire Rescue Authority summarizes the action plan if a major storm were to occur in the canyon. According to the action plan, there are many steps required and decisions to be made by emergency personnel to activate the warning and dispatch emergency services. The activation of the proposed air raid siren on the subject parcel is also not automatic, but will rely on human activation.

 

This application was presented to the Larimer County Flood Review Board on January 24, 2013. The attached draft minutes summarize the discussion during the meeting. The attached minutes have not yet been approved by the board as they will be presented for approval during the next scheduled meeting. The Larimer County Flood Review Board reviewed the application and review criteria and found that the current application does not meet the review criteria. The Larimer County Flood Review Board recommended denial of the Floodplain Special Review by a 3-0 vote.

 

There was a lengthy discussion regarding the inadequacy of the existing flood warning system throughout the Big Thompson Canyon. The Larimer County Flood Review Board agrees that there should be a better rain and stream gage network to support warning and notification of people in the event of a flood. This topic will probably be discussed by the applicants engineer during the hearing.

 

Much discussion ensued between the Board and staff regarding the Big Thompson River floodplain, current flood warning systems, hydrology, and hydraulics.

 

Chair Johnson opened the hearing to the applicant and Andrea Fosset, engineer for the applicant, reviewed the proposed safety precautions.

 

Florian Fiebig addressed the Board on behalf of the applicant and discussed the proposed air raid system.

 

Jeff and Lori Shaffer, applicants, addressed the Board in regards to their application. Ms. Shaffer noted that she had never seen a flood on the property.

 

Cyril Vidergar, attorney representing the applicant addressed the Board in favor of the application.

 

There was no public comment on this item. 

 

Much discussion ensued between Board and staff.  Chair Johnson explained that the proposed siren would be an improvement to the current warning system, although he had many unanswered questions regarding the location, decibel level, sounding protocol, etc. Chair Johnson noted that he felt the risk of a flood occurring on the subject property was low.

 

Commissioner Gaiter stated the proposed siren would help to make a dangerous situation better but also requested more information regarding the placement, size, and decibel level of the siren.

 

Commissioner Donnelly stated that he supported the application as submitted.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the hearing until May 6, 2013, to allow time for the applicant to provide additional information regarding the proposed safety measures.

 

Motion carried 2-1, Commissioner Donnelly dissenting.

 

There being no further business, the hearing adjourned at 4:30 p.m.

 

 

TUESDAY, FEBRUARY 26, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Matt Lafferty, Planning Department; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:        Linda Vrooman stated her concerns regarding fracking and how this practice contaminates air and ground water; she requested that the Board ban fracking in Larimer County.

 

Eric Sutherland commented on the City of Fort Collins council members and what he perceives as their lack of ethics with regards to public funds.  He also stated that governments are not “banks” and that it is inappropriate for anyone in public office to put taxpayer dollars at risk.

 

Randy Pope requested clarity on the Findings and Resolution regarding his event center, stating that it is very difficult to ensure compliance, when unsure about what compliance requires. 

 

Mel Hilgenberg urged the Board to create a citizen commission to investigate and help reform the Human Services Department, in order to enhance customer service, and to better handle customer complaints with due process and better communication/transparency.

 

Glen Collon expressed his concerns that Urban Renewal Authorities are being misused and over used in the community, specifically pointing out that both the Foothills Fashion Mall and Woodward Governor are the newest candidates for URA designation, and he feels this helps develop private business with taxpayer dollars, and the schools and county suffer for it.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 18, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 18, 2013.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published below:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petition for Abatement is denied:  RHT Limited Liability Co.

 

02262013A001           GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

 

02262013A002           LARIMER COUNTY DESIGN SERVICES FOR COUNTY ROAD 50 BRIDGE OVER THE LARIMER AND WELD CANAL PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AECOM

 

02262013A003           PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM

 

02262013A004           EQUITABLE SHARING AGREEMENT AND CERTIFICATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY SHERIFF’S DEPARTMENT, AND THE U.S. DEPARTMENT OF JUSTICE

 

02262013D001           DEED OF DEDICATION – ESTATE OF GYORGY VIDACS BY HIS EXECUTOR ROSLYN RUPPERT

 

02262013D002           DEED OF DEDICATION – CHARLES JAMES SWENSON AND ELIZABETH HULLSIEK SWENSON

 

02262013R001           RESOLUTION SUPPORTING GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE PINEWOOD RESERVOIR RECREATION IMPROVEMENT PROJECT

 

MISCELLANEOUS:  Direct Deposit Sign-up Form Standard Form 1199A (Human Services); Appointment of John Dagget to PID #29 Vine Drive for a 4-year term beginning February 26, 2013, and ending November 30, 2016.

 

LIQUOR LICENSES:  The following licenses have been issued and/or approved: Hilltop General Store – Retail Liquor Store – Red Feather Lakes; Mishawaka Amphitheatre – Tavern – Bellvue; Hometown Liquors – Retail Liquor Store – Berthoud; Swing Station – Tavern – LaPorte.

 

Motion carried 3-0.

 

4.     WORKSESSION:       Mr. Gluckman presented and reviewed changes to the agenda for the upcoming county summit at The Ranch this Thursday, February 28, 2013.

 

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

 

6.         LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting adjourned at 9:50 a.m.

 

 

 

 

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk