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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 11, 2013

 

County offices were closed on Monday due to the Veteran’s Day holiday.

 

TUESDAY, NOVEMBER 12, 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: Deni LaRue and Donna Hart, Commissioner’s Office; Marc Engemoen, Public Works Department; Mark Peterson, Engineering Department; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.  APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 4, 2013.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of November 4, 2013.

 

Motion carried 3-0.

 

2.  REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 18, 2013: Ms. Hart reviewed the upcoming schedule with the Board.

 

3.  CONSENT AGENDA:

 

M O T I O N

 

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

 

ABATEMENT:        As recommended by the County Assessor the following petitions for abatement have been approved: Walgreen Company.

 

11122013A001           AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE HORSESHOE LAKE SPILLWAY BRIDGE AND HIGH LEVEL OUTLET FACILITY

 

11122013A002           CONTRACT AMENDMENT COMMUNITY RETURN TO CUSTODY FACILITIES BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO

 

11122013A003           FLOOD DEBRIS REMOVAL AGREEMENT BY AND BETWEEN LARIMER COUNTY AND T.F.R. ENTERPRISES INC

 

11122013A004           MEMORANDUM OF AGREEMENT AMONG LARIMER COUNTY, AND THE US DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRAATION, AND CENTRAL FEDERAL LANDS HIGHWAY DIVISION

 

11122013R001           RESOLUTION DECLARING LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NO. 45 WILLOWS ORGANIZED

 

11122013R002           RESOLUTION DECLARING LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NO. 56 BOYDS WEST ORGANIZED

 

11122013R003           RESOLUTION DECLARING LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NO. 55 STORM MOUNTAIN ORGANIZED

 

11122013R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING DISASTER RE-BUILDING PROGRAM

 

MISCELLANEOUS:   Administrative Policy and Procedure 340.5A – FITD Utility Services; Department of Human Services Payments for September 2013; Recommended Appointment of Debra Dullaghan to the Estes Valley Public Library District; Recommended Appointment of Peter Plaut to the Estes Valley Public Library District.

 

LIQUOR LICENSES:  The following licenses were approved and issued: Young’s Liquor  – Retail Liquor Store - Fort Collins; The Rock Inn – Brew Pub – Estes Park; Archer’s Poudre River Resort – 3.2% Beer Retail – Bellvue; Aspen Lodge – Hotel and Restaurant with Optional Premise – Estes Park; Fort Collins Elks Lodge BPOE 804 – Special Event 6% - Fort Collins; Beaver Inn – Hotel and Restaurant with Optional Premise – Red Feather Lakes.

 

The following license was issued: Hacienda Real – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

4.  COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) UPDATE: A representative from CDOT gave a brief presentation to the Board regarding updated information on the roads that were affected by the flood. Temporary repairs are scheduled to be completed by December 1, 2013. There are a total of $385 million in damage to affected State Highways, and $100 million in damage to County roads. Some discussion followed regarding specific roads and repairs. The Commissioners commended the Colorado State Senators who were able to secure $450 million for permanent road repairs.

 

5.  MEMORANDUM OF AGREEMENT WITH FEDERAL HIGHWAY ADMINISTRATION (FHWA):  Mr. Engemoen addressed the Board regarding a Memorandum of Agreement between Larimer County, the US Department of Transportation, Federal Highway Administration, and Central Federal Lands Highway Division to initiate a cooperative effort to repair and reconstruct County Road 43 between Drake /US34 and Estes Park. Mr. Engemoen explained that this is a very ambitious project that is scheduled to be completed within 12 months. Some discussion ensued regarding the project details.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Memorandum of Agreement between Larimer County, the US Department of Transportation, Federal Highway Administration, and Central Federal Lands Highway Division initiating a cooperative effort for repair and reconstruction of County Road 43 between Drake/US34 and Estes Park contingent on receiving the official County Attorney stamp.

 

Motion carried 3-0.

 

6.  ASSISTANCE FROM NATURAL RESOURCES CONSERVATION SERVICE FOR EMERGENCY WATERSHED PROTECTION MEASURES: Mr. Peterson explained to the Board that the Natural Resource Conservation Service has funding available for debris removal and river stabilization. He explained that the first step to securing this money is to submit a letter requesting assistance.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a letter to the Natural Resources Conservation Service requesting federal assistance through the Emergency Watershed Protection program.

 

Motion carried 3-0.

 

7.  ASSISTANT COUNTY MANAGER WORKSESSION: There were no work session items to discuss.

 

8.  COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their activities during the previous week.

 

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

 

The meeting recessed at 10:00 a.m., with no further action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened 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, Engineering Department; Doug Ryan, Environmental Health Department; Samantha Mott and Karin Madson, Planning Department; Jeannine Haag, County Attorney; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance; he then noted that the following items were listed on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         CENTENNIAL FARM CONSERVATION DEVELOPMENT TIME EXTENSION AND DEVELOPMENT AGREEMENT AMENDMENT, FILE #03-S2207:  This is a third request to extend the Development Agreement to include an extension to the completion date and lot sale restriction until October 22, 2016.

 

The Final Plat for the Centennial Farm Conservation Development was recorded on April 23, 2007.  The Development Agreement for the property included a completion date of April 22, 2009.  An amendment to the Development Agreement was approved by the Board of County Commissioners on April 6, 2009, extending the completion date until October 22, 2011, and including a lot sale restriction for the development.  Another request was approved for a second extension and the Development Agreement 2nd Amendment which included a completion date no later than October 22, 2013.

 

The Developer has requested a third extension to the completion date for an addition 24 or more months, noting that it is their opinion that any market demand for the development will not materialize for at least two to three years.   The project is not being actively marketed at this time due to lack of market demand.  Staff supports this request to allow the developer the time to make this project work.  Hopefully market conditions will change in the near future at which time collateral can be posted and the development realized.  For the applicant this arrangement would allow the entitlements acquired through the final plat process to continue and allows the requirement for the provision of construction collateral to be deferred until the time of construction.

 

Staff supports the request to extend the completion date for three additional years, until October 22, 2016.  The existing lot sale prohibition requires collateral to be posted prior to the construction of the development.  At the time the Developer decides to request a release of the lot sale prohibition, the Development Agreement will again need to be amended, the public improvements opinion of costs be updated to reflect construction costs at the time of the request (rather that using the estimate provided in 2006), and collateral shall be provided to ensure completion of those improvements. 

 

Staff recommends that the Board of County Commissioners approve an additional three year extension to the completion date for the Centennial Farm Conservation Development, file #03-S2207, an Amendment to the Development Agreement and a Lot Sale Prohibition for the development excluding Residual Lots A, B and C with the following conditions:

 

·  The 3rd amendment to Development Agreement for the development shall be amended and recorded by November 27, 2013.  The Development Agreement 3rd Amendment shall include a completion date no later than October 22, 2016.

 

·  Developer shall continue to timely pay all annual real property taxes for the property.

 

The Developer shall submit annually to the Planning Department, a letter, statement or report for service providers (water) confirming the service providers willingness to provide service pursuant to previously approved plans and specifications.

 

2.         FIRE MOUNTAIN SPECIAL REVIEW, FILE #13-Z1914:  This is a request for Special Review approval for a State-Licensed Group Home in the O-Open Zoning District.

 

This item was on the discussion agenda for the Planning Commission Public Hearing on October 16, 2013.  This item was moved to the consent agenda at the hearing.  Staff provided brief background information to the Planning Commission regarding the Special Review and the appropriate motions for approval.  There was one question from the Planning Commission regarding the applicant’s response to trespassing concerns raised by the neighbors during Sketch Plan Review.

 

Staff recommends to the Board of County Commissioners adoption of the Fire Mountain Special Review, file #13-Z1914, for the property subject to the following conditions:

 

  1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Fire Mountain Special Review, File #13-Z1914, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Fire Mountain Special Review.

 

  1. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

  1. This application is approved without the requirement for a Development Agreement.

 

  1. The facility shall operate under the following conditions:
    1. No more than 24 youth residents will be allowed.
    2. No more than 12 horses will be allowed and their use will be limited to equine therapy for participants in the residential program.

 

  1. The sewer system shall be upgraded to a state-permitted sewage treatment works prior to population increases at the facility that would result in a wastewater flow of greater than 2,000 gallons per day.  Prior to increasing the population above the current level of 8 residential youths, the applicant must provide documentation that either the sewer system has been upgraded to allow the expanded use above 2,000 gallons per day, or that the increased population does not result in wastewater flow greater than 2,000 gallons per day.  Documentation may be in the form of correspondence from the Colorado Department of Public Health and Environment that sewer upgrades have been completed, or water use data acceptable to the Larimer County Department of Health and Environment indicating that an incremental increase in the population at the facility would not result in a flow greater than 2,000 gallons per day.

 

  1. The applicant must apply for and obtain building permits for all structures as indicated in Candace Phippen’s Code Compliance Section letter dated September 4, 2013. 

 

  1. The applicant shall either obtain building permit for the outbuildings on the property that were never permitted or remove them from the property.

 

  1. Any new accessory non-residential structure must be located outside of floodplain, wetlands, and be located 100 feet from the centerline of the two waterways that run through the property that are identified on a USGS 7.5 minute quadrangle map.

 

  1. The applicants shall provide verification to the County that they have obtained a legal source of water for the horses prior to having them on site.

 

  1. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

  1. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

  1. The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.         LARIMER COUNTY LAND USE CODE SECTION 4.2.2 REVISION – FLOOD PLAIN REGULATIONS:  This is a request to revise the Larimer County Land Use Code Section 4.2.2 to remain compliant with the new State Regulations and update the format.

 

Please Note: The proposed flood changes are not a result of the recent flooding, nor has the recent flooding caused Larimer County to propose higher standards than what was originally proposed. In 2011, the State of Colorado gave Larimer County until January 14, 2014 to adopt new standards to meet state regulations.

 

The Larimer County Land Use Code (LCLUC) Section 4.2.2 is the regulatory basis for the Floodplain Overlay Zones within unincorporated areas of Larimer County. Larimer County is required to adopt and enforce floodplain regulations in order to be a participant in the National Flood Insurance Program (NFIP). The 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, the State of Colorado 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 the properties within Larimer County the option of purchasing flood insurance, and enables federally backed mortgage loans for properties within a Special Flood Hazard Area. Participation in the NFIP is also a requirement for certain grant funding and emergency funding sources.

 

The NFIP regulations are the minimum requirements for floodplain management. Each state must also adopt floodplain regulations and the Federal Government gives them authority to adopt stricter standards than what the NFIP has outlined in the Code of Federal Regulations. Furthermore, each local jurisdiction must adopt the Federal and State regulations as the minimum requirements, but they too are given the option of adopting stricter standards than what is required at the Federal and State level.

 

In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Rules and Regulations for Floodplains in Colorado which then became effective January 14, 2011. These rules provide higher floodplain management standards than the minimum standards set by the NFIP. The CWCB provided a three-year transition period and Larimer County has until January 14, 2014 to adopt floodplain regulations that are consistent with the new State regulations. Failure to adopt updated regulations that are consistent with the new State regulations will lead to serious sanctions including suspension or probation from the NFIP which would severely impact the citizens of Larimer County

 

The Larimer County Engineering Department is proposing to use the language within a template ordinance the state has proposed to more clearly format the Floodplain Overlay Zone District section of the land use code and assure that we are compliant with both State and Federal Regulations. The Larimer County Engineering Department is not proposing any higher standards beyond what the State is requiring us to adopt that would further restrict land use beyond what is in place in our current code or mandated by the NFIP.

 

Certain regulations that the State has adopted have already been enforced by Larimer County since the adoption of the first floodplain maps in the late 1970’s. There are three major items that have changed at the State level being;

 

            1) 0.5 foot rise floodway,

            2) 1 foot freeboard requirements, and

            3) Critical Facilities

 

Larimer County already regulates a 0.5 foot floodway except in mountainous areas where the floodway is sometimes defined using the depth/velocity criteria (mainly the Big Thompson River). Larimer County is not required to change the floodway within these areas at this point, but any future development will have to comply with the 0.5 foot rise criteria in addition to the depth/velocity criteria.

 

Since the adoption of floodplain regulations, Larimer County has also enforced an 18 inch freeboard requirement. This requirement is a higher regulation than both the State and Federal minimum requirements and Larimer County will not see any impact from this change.

 

Up until now, Larimer County has only regulated Critical Facilities within the floodplain of the Poudre River within the GMA of Fort Collins. This was an agreement with Larimer County and the City of Fort Collins and was incorporated into our code as the 100-year and 500-year Cache La Poudre River overlay zones. With the new State regulations, we will be required to regulate Critical Facilities throughout the County at a higher level than what we have currently been regulating.

 

Clarifications regarding FEMA's 50% rule have been added including a definition for Minor Work, Routine Maintenance of Existing Buildings and Facilities and a revised definition of Development.

 

A draft of the revised Flood Code was presented to the Larimer County Environmental Advisory Board on April 9, 2013. Comments were provided by Doug Ryan and were incorporated into the draft attached to this staff report. The comments involved rewording the on-site septic system sections to meet the new health standards that are being adopted by the County.

 

A draft of the revised Flood Code was also presented to the Larimer County Flood Review Board on July 12, 2013 and at the Planning Commission/BCC Work session in August.

 

The Larimer County Engineering Department hosted a public open house on September 19, 2013 to allow the public to provide comments regarding the proposed changes. Nobody from the public showed up at the open house. The code was presented to the Flood Review Board on September 26 and there was a unanimous vote recommending approval of the new code language. The revisions were presented to the Planning Commission with a unanimous vote to recommend approval to the Board of County Commissioners. The revisions have been reviewed by the County Attorney's office and minor formatting changes were made.

 

Revisions including the higher state standards need to be adopted by findings and resolution before January 14, 2014.

 

*Clerk’s note: For a complete summary of the revisions, please contact the Larimer County Planning Department.

 

Mr. Tracy briefly presented this item to the Board. He stated that most changes are to the format and critical facilities. Some discussion ensued between the Board and Staff.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve all the changes to the Flood Plain Regulations with the exception of one condition to the Floodplain Overlay Zone Districts, Section 4c: to strike out registered Colorado Professional Engineer.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:20 p.m.

 

 

THURSDAY, NOVEMBER 14, 2013

 

DEBRIS REMOVAL MEETING

 

The Board of County Commissioners met at 10:30 a.m. with County Manager Linda Hoffman. Chair Johnson presided and Commissioner Donnelly was present. Also present were: Kathryn Rowe, Purchasing Department; and Dana Polley, Deputy Clerk.

 

MONITORING OF FLOOD DEBRIS REMOVAL AND RELATED SERVICES AGREEMENT:  Ms. Rowe presented the agreement to the Board and requested their approval and signature.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Monitoring of Flood Debris removal and Related Services Agreement.

 

Motion carried 2-0.

 

11142013A001           MONITORING OF FLOOD DEBRIS REMOVAL AND RELATED SERVICES AGREEMENT

 

There being no further business the meeting adjourned at 10:35 a.m.

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Dana S. Polley, Deputy Clerk

 

 


 

 

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