HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 11/08/2006MINUTES
CITY OF FORT COLLINS
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
200 W. Mountain, Suite A
November 8, 2006
For Reference: Bill Bertschy - 491-7377
Mayor Doug Hutchinson - 416-2154
John Stokes, Staff Liaison - 221-6263
Board Members Present
Bill Bertschy, Michelle Grooms, Vicky McLane, Greg Snyder, Linda Stanley, Karyl
Ting
Board Members Absent
Greg Eckert, Michelle Brown, Paul Hudnut
Staff Present
Natural Resources Dent: Mark Sears, John Stokes. Judi Vos
Utilities: Jim Hibbard, Marcia Hilmes-Robinson
Guests
CSU Students — Seth Anthony, Katie Goodwin, Wes Kemp, Nichole Kerr, Austin
Tillack, Donald Tuttle
Agenda Review
John Stokes added an agenda item —Executive Session.
Vicky McLane added an agenda tem — World Heritage Designation for Soapstone
Public Comments
No public comments.
Review and Approval of Minutes
McLane had a correction to the October 4, 2006 minutes: page two, third paragraph,
third line should read "serial', not "cereal'.
Linda Stanley moved to approve the October 4, 2006 minutes. Vicky McLane second the
motion. The minutes were unanimously approved.
Poudre River Floodplain Regulations
Jim Hibbard, City of Fort Collins Utilities Department, and Marcia Hilmes-Robinson,
City of Fort Collins Floodplain Administrator were presenters.
Land Conservation & Stewardship Board
November 8, 2006
Page 2 of 8
• Hibbard: We will visit various Boards and Commissions that may have input on
the Poudre River Floodplain regulations. With regards to storm water, we are in
the business of managing risk. So the overall perspective we have is balancing
risk with regulations, which is a policy decision, and that is why we will also go
to City Council Study Session later in November.
Hibbard spoke to the four maps included in the packet to the Board.
Hibbard: The primarily reason for this presentation is to give the Board an idea
and better understanding in regards to the Floodplain regulations. We are also
interested in the Board's opinions about what the impact may or may not be on
lands owned by the City. Most of the regulations have to do with development
and not land conservation; as a result there may not be many issues for the Board
to address.
Marcia Hilmes-Robinson gave a background summary to the Board:
Hilmes-Robinson: We were asked by the elected officials, as part of the adoption
of the East Mulberry Corridor Plan, to review the Poudre River Floodplain
Regulations. Regulations will not match between Latimer County and the City of
Fort Collins because Latimer County regulates more on a land -use zoning, and
the City of Fort Collins uses the regulatory approach.
Hilmes-Robinson: spoke to the Board about the proposed Floodplain Regulation changes
for the Poudre River discussing:
• Will regulations match?
• 100-year and 500-year flood probability
• Floodway
• Current floodway regulations
- Proposed changes and the effect of change
• Floodway modification
• Current floodway modification regulations
- Proposed change and effect of change
• Current product corridor regulations for the City of Fort Collins and Latimer
County
- Proposed change and effect of change
• Freeboard level and regulations
- Proposed change and effect of change
• Dry land access and regulations
- Proposed change and effect of change
• Critical facilities
• Current regulations for critical facilities in the 100-year and 500- year floodplain.
- Proposed change and effect of change with alternative options
Land Conservation & Stewardship Board
November 8, 2006
Page 3 of 8
• Letter of map revision based on LOMR-fill, giving LOMR-fill examples and
regulations
- Proposed change and effect of change
• Variances to regulations
• What if nothing is done?
• Staff recommended minimum changes
• Poudre River floodplain regulations public outreach
- NRAB — Oct. 18
- Water Board — Oct 26
- Land Conservation and Stewardship Board — November 8
- P&Z Work Session —November 13, 2006
- Open House at Lincoln Center — November 14 (Joint Larimer County and
City of Fort Collins)
- NRAB — November 15
- Council Work Session — November 28
- Council 1st. Reading —January 16 (tentative)
Hilmes-Robinson asked for questions from the Board.
• Ting: Regarding the private in -holdings on the public land map when you look at
the small areas that will be going to the half foot regulations, are they developable
land?
• Hibbard: Some of them are and some of them are not. We are talking about a strip
of land going through the Lincoln Greens golf course, which will be slightly more
developable. Secondly, would be a strip of land on the South side of Mulberry,
and the third primary area is probably at I-25 and Harmony. These are the areas
that are developable land.
• Stokes: I would like to go back to the Bylaws of this Board, and why the Board
was established. There is a very direct relationship between the Board and the
Natural Areas. The Board wasn't construed to look at, for example,
environmental impacts that would occur beyond a Natural Area.
• Bertschy: The Natural Resource Advisory Board (NRAB) is looking at this also.
• Stokes: The NRAB is the Board that has the broader environmental charter and
would be looking at environmental impacts beyond Natural Areas.
• Bertschy: The concern I have would be the Natural Areas that would be impacted
by this, do we change the ability for public access in anyway for better or worse,
by the changes of these regulations?
• Stokes: As I understand it, for public facilities we are able to build within the
floodway, where as the private individual would not be able to do any
construction.
• Hilmes-Robinson: What would be easier is that in some cases you may not have
to do so much analysis to prove that you are not causing a rise. If you reduce the
floodway area you've reduce the Product 6 Corridor area.
Land Conservation & Stewardship Board
November 8, 2006
Page 4 of 8
• Bertschy: When a developer wants to develop a parcel adjacent to open space we
own, do they get credit in their mitigation for the amount of water that will spread
out on our land as opposed to the flood flow through their land.
• Hibbard: No.
• Stokes: From what I understand they would have to get an easement.
• Bertschy: I am going to suggest to the Board that we not take action at this time
and let the public process happen, and then weigh in. Unless someone is prepared
to make a motion I think we should take action at the December meeting.
• Hibbard: We can come back to this Board for the December meeting and discuss
what we heard from City Council, and from the Open House. At that time we can
see if that will change any recommendations.
• Stanley: I worry about not giving something to Council before their work session.
• McLane: I would like a clearer understanding as to why this is before this Board. I
think we are straying a little from what this Board is charged with, and we need to
be careful of that.
• Hilmes-Robinson: What others do could impact your property over time. One, it
might relate to how you manage the property. From the other side, we might get a
little more rise than we would like because of the added fill, and that could impact
your property.
• McLane: I would like a staff recommendation on this.
• Stokes: I went to Rick Bachand and Karen Manci the Natural Areas Sr.
Environmental Planners, and although any activity through the river corridor has
some effect on us we thought the impact would be very minimal to the Natural
Areas. Keep in mind that we are talking about extreme flood events.
• Grooms: I'm struggling because I feel like if all is well in the Natural Areas, all
we are adding is risk by extending boundaries.
• Bertschy: I would like to see a map that shows the exact change by elimination of
Product 6 Corridor. If we need to make a recommendation it would be difficult to
craft in 2 hours. I think we should bring this discussion back to a future meeting.
• Stokes: Jim showed me a copy of our municipal code and regulations applying to
people who are doing development in a flood plain. Those criteria would be
adopted by the County. There are some situations on the river, in the County in
the urban growth area where we have seen very bad practices by private land
owners, and nothing is happening about that. If the county will adopt those same
code provisions, in my view, that would really help. Currently those landowners
have no real requirement on them to pay attention to regulations.
• Stanley: I would like to make a recommendation on at least alternative #1 and #2.
Linda Stanley made a motion.
Motion to support staff proposal for minimum changes, but that Council should consider
environmental impacts evaluations required to be given full consideration as
recommended to staff by the County under floodway modifications. We recommend
Alternative 2 under the critical facilities flood center.
Land Conservation & Stewardship Board
November 8, 2006
Page 5 of 8
Michelle second. It was approved by all with the exception of one.
McLane: I oppose voting for this motion because, I feel, we do not have the
information from the County that we need on how many properties would be
affected, how many people's livelihoods would be affected, etc. I feel
uncomfortable voting for what I don't understand, and when I don't know what
the implications are.
Downtown River District Design Project - Kathleen Bracke
Bracke: I'm Kathleen Bracke with the City of Fort Collins Transportation
Planning office, and we have been working with the Downtown Development
Authority over the last year to develop the Downtown River District Design
Project.
At this point we are doing public outreach about feedback on the design they have
come up with so far. Ideas have been developed based on feedback from various
groups over the last several months. We've talked with the Downtown
Development Authority, Downtown Business Association, Chamber of
Commerce, and various other City Boards and Commissions.
In Kathleen Bracke`s presentation to the Board she spoke about:
• Design improvements will address:
- Streetscape
- Traffic circulation, capacity and safety — including auto, pedestrian and
bicycle
- Parking — on and off street
- Utilities — storm water, waste water
- Linkage with Downtown and surrounding areas
- History of the River District area
Project schedule —Mid 2005 through Spring 2007
Draft alternatives
- Willow street
- Linden Street
- Lincoln Avenue
- Jefferson Street/SH14
- Intersections
- Streetscape concepts
- Parking
- Transit
Next steps
- Select preferred alternatives — September through October 2006
- Refine alternative design — November 2006 through January 2007
- Finalize designs, cost estimates and priorities — February through March
2007
Land Conservation & Stewardship Board
November 8, 2006
Page 6 of 8
Bracke gave the Board background information regarding:
• The streetscape concept
• Project respects to the Poudre River
• Poudre River enhancement project
• LUC — River Downtown redevelopment district
• Poudre River floodplain map
• Snyder: Regarding Willow Street, which is a commercial area, what will you do
regarding the vehicular truck traffic? As long as the feed mill is operating you'll
always have large truck traffic.
• Bracke: On all of the streets we are looking at all of the designs that would
accommodate truck traffic, because as the area transitions over time there will
always be a need for truck traffic in a business area.
• Snyder: Concerning the Mill Race, what lengths were you anticipating building,
and what do you have as an anticipated business frontage that will be facing the
Mill Race?
• Bracke: What we are working on at this time are the concept designs for each
street, and then as we progress over the next few months we'll be developing the
detailed design plans, and also the recommended implementation program for
that. There may be features like the Mill Race, that can't be built in pieces as an
area develops or as buildings transition. That may be the type of feature that gets
added later on as the sideway gets developed and as the frontage of those building
are set.
• Snyder: Would that be paid for in the development cost or by City of Fort Collins
funds?
• Bracke: Part of the implementation program will list not only the cost of various
street design concepts, but will also provide cost of recommended financing
tools/sources. There are ways to fund it through capital projects, phase through
development, and the Downtown Development Authority is another potential
funding partner.
• McLane: Regarding Jefferson Street/SH14, is CDOT okay with dropping that
road to two lanes?
• Bracke: They are being fair and open-minded; their issues are capacity and safety.
We need to take as much feedback as we can to the Colorado Department of
Transportation (CDOT), because they really want to know the community's
preferences. The Downtown Development Authority and the Downtown
Business Association as well as the Transportation Board felt compelled to write a
letter to CDOT saying that they agree with the two lane alternative, and also
mentioned that they liked the round -about intersection.
Bracke mentioned that whatever treatments are done, they are trying to reflect back to the
history of the area, making sure they go back to the industrial history; this would be
unique to the other parts of Downtown.
Land Conservation & Stewardship Board
November 8, 2006
Page 7 of 8
Collective Memos Discussion
• Bertschy: Collective memos discussion prompted out of our one memo written, to
date, to Council. The collective memo discussion would include how we generate
them; how we make sure that it reflects our opinion, if it gives council enough
information and our best advice. I do not want to take soul responsibility for the
memos, as they would need to be reflective of the Board's expressions.
• Stokes: I am staff liaison to the Natural Resource Advisory Board (NRAB), and
the chair or the vice -chair (if the chair could not do it) would typically draft the
memo and then distribute them by email, getting feedback from the Board to
make sure that they were expressing the view of the Board. The memo would
then go to Council. There were times when I was called upon to draft a memo and
needed to follow this procedure.
• Bertschy: It is important to include the minutes, or excerpt from the minutes that
pertain to the memo, and it's important that Council read both the minutes and the
memo.
Stokes: There may be times when the minutes may not be approved by the Board
on time to send to Council. For those circumstances a draft excerpt of the minutes
can be sent with permission from Council.
Announcements
• Bertschy: As you know Paul Hudnut has resigned. This open position will need
to be filled at a later date.
Discussion and Updates
• Bertschy: If any of us feels so compelled to contact a council member, make sure
they know that you are speaking as an individual, not on behalf of the Board, as
that is not fair to the rest of the Board not being afforded the opportunity to have
the same discussion.
When the Board has an item to add to the agenda please contact the chair or John
Stokes, and we will communicate to add those items to that month's agenda if
there is time, or it will go to the following month's agenda if possible.
• Stanley: I would like to have Red Fox Meadows, the storm water issue, and
under grounding the power lines along Shields, as a future agenda items.
• McLane: At our October meeting Chris Koziol talked to us about the possibility
of considering the Soapstone Property as a World Heritage site. I have since
talked with Chris and he feels that CSU has a fair number of resources to
contribute. What I'd like to do is work with Chris, if the Board would agree, and
come up with a possible proposal. The application form is out, the National Park
Services is interested, and perhaps we can do a symposium with CSU. I feel it is
an unusual opportunity as there are no cultural landscapes in the United States on
the World Heritage list. Chris would like to work with Red Mountain, so we may
be working with the County as well, and then the National Association of
Interpreters (NAI). I would like to explore this further at our December meeting
and come up with more concrete ideas and proposals.
Land Conservation & Stewardship Board
November 8, 2006
Page 8 of 8
• Stokes: Vicky I'd like to work with you, and I think it's important for staff to be
involved. I'd like to go ahead a follow-up with Chris Koziol and others at CSU
and then report back to the Board. I think the major thing to do right -a -way is to
contact Parks Service as they can take you through due process. I can do that.
• Snyder: I would like to see the possible negative impacts of Soapstone being
approved as a World Heritage site. As I brought up when Chris was here, due to
the depth that the artifacts are, it would be a disservice to make it off limits to
future use by citizens, archeologists etc.
• Bertschy: John would you like to do the Executive Session?
• Stokes: No, we will discuss that at the next meeting. I would like to mention
some agenda items for our December meeting:
- Work Plan — I will get a draft over to you Bill
- Wildlife Management Plan, which needs to be to Council in January, and I
will also take that to the Natural Resources Board.
- Two other possible items are: Soapstone and the Executive Session
• Sears: As a follow-up to the memo that was in your packet regarding the Foothills
Natural Areas Management Plan Update, there will be trail changes at Maxwell,
and Andrijeski. We've drafted location concepts for making trail connections to
the Poudre River Trail, the Foothills Trail and nearby neighborhoods. Also, in
working with Loveland, they would like to connect their version of the prairie
ridge to Coyote Ridge. Would you all want us to bring back the update on the
final version of the management plan, which may be in January?
• Stanley: yes.
• Bertschy: The next meeting will be on Wednesday, December 13, 2006 at 6 p.m.
Meeting adjourned at 9:50 p.m.
Submitted by Geri Kidawski
Administrative Secretary