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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 11/18/2020 NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR November 18, 2020 6:00 – 8:00 pm - Via Zoom 11/18/20 – MINUTES Page 1  1. CALL TO ORDER / ROLL CALL 6:00 p.m. List of Board Members Present  Danielle Buttke - chair  Bob Mann  Elizabeth Hudetz  Hillary Mizia  Drew Derderian  Kevin Krause  Samantha Williams  John Skogman Term completion: December 31, 2020 - Robert Mann, Kevin Krause, John Skogman*, Samantha Williams*, and Hillary Mizia* December 31, 2021 - Elizabeth Hudetz and Barry Noon December 31, 2023 - Drew Derderian and Danielle Buttke  List of Board Members Absent – Excused or Unexcused; if no contact with Chair has been made  Barry Noon  List of Staff Members Present  Michelle Finchum, Staff Liaison  Kelly Smith, Senior City Planner  Arlo Schumann, Sr. Inspector, Zoning  Cameron Gloss, City Planning Manager  List of Guests  none 2. AGENDA REVIEW  No changes 3. COMMUNITY MEMBER PARTICIPATION  None NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 2 4. APPROVAL OF MINUTES  Some minor corrections were made regarding time, spelling, and board member absence. Elizabeth moved to approve the minutes as amended. Bob Mann seconded. Motion approved unanimously 7 - 0 - 0 5. NEW BUSINESS a. Night Skies Update - Kelly Smith, Senior City Planner & Arlo Schumann, Sr. Inspector, Zoning The City is updating the Exterior Lighting Code regulations for outdoor lighting and a draft is now available for review. These regulations cover new developments that consist of multi-family, commercial and institutional uses. The goals are nighttime safety and security, protection of neighborhoods from too much lighting, minimizing glare, promoting energy conservation and protecting natural ecosystems from artificial night lighting. Adoption is planned for early 2021. The existing code:  There are currently several codes in place to regulate lighting: Residential Code; Energy Code; Land Use Code; Sign Code; and Larimer County Urban Area Street Standards (LCUASS). Tonight's discussion will be about the City's Land Use Code that covers multi-family and commercial development  Current regulations require warm white of 3000K so as not to affect wildlife and also downward facing lighting in all new development sites. There are also light trespass regulations to prevent exceedance beyond the development boundary.  Developers are asked to submit a photometrics plan of foot candles in their exterior lighting that must conform to the code.  Gaps in existing code  Some issues that need to be addressed in the revised code are: backlight, uplight, glare, pole heights, overlighting, and LED technology.  Goals of proposed code  The new code will be modeled after a lighting code developed by a joint task force of the Illuminating Engineers Society and The International Dark Sky Association. It will set budgets for lumens, backlight, uplight, and glare in development projects for per parking space (up to 10 stalls) or hardscape area. This also includes a lighting context (zone) over the City that has a range of lumens a project can use in each area according to nighttime activity.  Lighting levels will be coded to match the use and context of the City's zoned districts:  #0 - No ambient lighting - for natural and wilderness areas and undeveloped rural areas NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 3  #1 - Low ambient lighting - for rural areas, single-family residential, agricultural areas, business parks and open space in developed areas  #2 - Moderate ambient lighting - for light commercial business, high- density mixed-use districts, schools, neighborhood recreational facilities and light industrial.  #3 - Moderately high ambient lighting - for business zone districts, commercial mixed-use, heavy industrial/manufacturing, including the downtown area.  The planning group toured and surveyed several current projects to see if they would comply with the current code and new code and projected how much it would cost to bring them up to the proposed new code.  Next steps are more public engagement, a technical advisory committee meeting, presentations to boards and commissions, Chamber of Commerce and other organizations, staff training, and City Council adoption in winter of 2021. Various other codes will be aligned to reduce any conflicts.  Discussion  Danielle - Q - What is the enforcement process and does it only apply to new construction? A - The proposed lighting code would apply to new development. There would also be an inspection at the end of construction to enforce the code. Retrofits to current developments would have to go through a minor amendment process to determine if retrofit fixtures adhere to code requirements. There will be no retroactive requirements at this time.  Sammy - appreciate the City is doing a lighting plan where light isn't lost.  Robert - Q - Can an existing business ask your group for an evaluation of their lighting? A - No. That would be something to ask the City's Utilities Efficiency Works group to do.  Danielle - Q - Does the police department have concerns about safety with reduced lighting? A - Representatives from the Police Department went on the evaluation tours mentioned above and agreed that in some cases there was too much light and in lower light cases there could be some safety issues. The planning group is expecting some recommendations from the Police Department regarding safety issues.  Kelly - Q - asked the board to take a look at the proposed lighting code before final approval, if they want to see any proposed changes, and if the NRAB supports it, to write a memo of recommendation to Council. A - Danielle would like to see if there are any significant changes. Kelly agreed to keep the board apprised of any significant changes to the proposed plan. b. Metro Districts Update - Cameron Gloss, City Planning Manager Review of an evaluation system for Residential Metro District Service Plans that NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 4 provides both minimum requirements and a performance points system, including a menu of options, applied to Energy and Water Efficiency, Housing Attainability and Community Livability attributes. Website: www.fcgov.com/business/metro-districts  Metro Districts are a quasi-governmental entity authorized under Colorado's special District Act, with tax-exempt bonding and taxing authority used to finance public infrastructure and services such as streets, water sewer systems, utilities, parks and recreation facilities, parking structures, and operations and maintenance.  The City of Fort Collins previously disallowed metro districts, but City Council is now considering having the City form a metro district to deliver extraordinary public benefits that align with the goals and objectives of the City  There are currently 621 active metro districts in northern Colorado counties. The City is examining the positive and negative things they are doing with the goal of developing a metro district plan for Fort Collins with minimum financial burden on the property owner.  Also being considered is if a residential metro district can help accomplish the goals of the various city policies like: City Plan, Climate Action Plan, Housing Plan, Water Efficiency Plan, Energy Policy, and others. They want to strike a balance between complying with basic codes and giving extra points for aspirational plans in the categories of energy, water, housing, livability and public infrastructure needs.  The planning group is also looking at ways to provide metrics around creating affordable housing in Fort Collins.  Community livability is hard to define  Next steps are to confirm the direction on Residential Metro District methodology, have focus group evaluation, produce refined metrics, review and have evaluations with boards and commissions, and establish policy in April, 2021.  Discussion:  Elizabeth - Q - Read a Denver Post article about negative aspects of Metro Districts, specifically current residents being charged for future development and developers sitting on the boards of the metro districts to benefit themselves and asked if the Fort Collins Metro District be different? A - Agreed that there have been bad actors in some Colorado Metro Districts, that some state laws have been passed to create greater transparency in them. It is difficult to control the developers being on boards of directors NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 5 because they generally initiate the project. The Fort Collins planners are focusing on a Metro District to be an exclusive tool for future residential development focused on energy, water, housing, and livability. No other city in the State has done this  Elizabeth - Q - Is there a guaranteed limit to the amount of taxes that will be levied? She is also not confident affordable housing and metro districts can coexist. A - There are some limits to indebtedness and rules prohibiting eminent domain but it is unknown at this time how much and when taxes would increase. Disclosure would need to happen at sale. The trend seems to be that less infrastructure is being developed by cities and more is being required of developers as costs of materials is increasing and financing for these types of projects is becoming more difficult to find.  Danielle - Is concerned Metro Districts cause dramatic increases in housing prices and higher taxes and this project isn't addressing some of those problems. And from a natural resources perspective, she does not feel the code is strict enough or acknowledges the climate crisis. However, this is not just about the impact of a single metro district, it's about the broader impact of bringing new technology and standards to an area and introducing it to local trades people to help us all along. She would like to see this supported.  Comment that the City does not seem comfortable elevating code in general, but is in favor that a Metro District could help on this.  Bob - Q - Currently cost is limiting growth. Metro Districts support growth, but he feels that the aspirational goal of the Metro District should also reward providing more affordable housing. Also, is the minimum code the standard code for the Metro District? A – No. The Metro District would have a higher standard code.  Michelle - Q - Have you worked with Larimer County to make sure they don't have a metro district just outside the City boundaries? A - No sure what the county is planning, but they seem to adopt similar things as Fort Collins.  Danielle - Q - What are the next steps in defining the goals and metrics of the project? A - Previous focus groups that included the development community, financial/legal, advisory experts, and lay people will be expanded to include more subject matter experts in early December. Cameron invited the board to contact him directly with any input they may have.  Elizabeth - Q - What is the moratorium? A - It is a moratorium on the NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 6 Residential Metro District service plan which is the guiding document for the Metro District that allows you to issue the bonds. This evaluation would be used to examine and recommend that plan for Council to approve or not approve it.  Drew - Q - Will the proposed evaluation system apply to commercial. A - No, only to residential. c. NRAB Work Plan  Danielle presented the 2021 work plan that is similar to the 2020 work plan because the board's interests and goals have not changed. Council will have some new members in 2021, and since several meetings were cancelled because of COVID, some work by the board was not completed. The group fine- tuned the document.  Discussion  Michelle - suggested that water issues such as NISP should also be noted in the NRAB's Key Outcome areas under Safe Community.  Major areas of interest are: Waste Reduction and Recycling, Water Resources, Energy and Climate Action, and Transportation Planning  Danielle stated she also added an item regarding the board's interest in new/additional opportunities to promote sustainability in the face of COVID.  Bob - suggested adding response to the impact of the Cameron Peak Fire.  Elizabeth moved and John seconded a motion to approve the 2021 NRAB work plan for submission to City Council. Motion passed unanimously 7-0-0. Danielle will send the work plan to Council. 6. OTHER BUSINESS / BOARD UPDATES  Elizabeth reported that a group she is in focuses on health impacts of oil and gas and will have a free symposium on December 5. If any NRAB board member would like to attend, they can sign up on-line at psrcolorado.org.  Congratulations to Robert Mann, who has served on the NRAB from 2013-2016 and 2016-2020. He will be leaving the board at the end of 2020.  Bob - attended the Superboard meeting in November focused on housing. He was impressed with the attention the City is giving to this subject.  Bob - Honore Depew emailed him the Parks and Rec master plan and encouraged the NRAB to be supportive of it. Council will be voting on it December, 15, 2020. He reminded the board that it previously and informally NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 11/18/20 – MINUTES Page 7 responded to Honore that there should be more assertive language in the policy to require using native and xeric plants. Bob pointed out that, if the NRAB would like to formally make that suggestion to Council before they adopt the plan, it would need to send a memo to Council after this meeting.  Kevin moved and Elizabeth seconded a motion that Bob will update a previously, not-sent memo to Council, recommending that the Parks and Recreation Master plan include language to implement requirements of using native and xeric plants in softscape areas. Motion approved unanimously 7-0-0 As chair, Danielle will submit the memo to Council.  At the December NRAB meeting, Kevin will bring before the board whether the board wants to send a memo to Council to support the Exterior Lighting Code update.  Danielle/Kevin will revisit action items from previous meetings  Discussion of agenda items for December meeting.  Elizabeth suggested an oil and gas presenter regarding air and water quality impacts.  Bob would like an update on the regional wasteshed and how the NRAB can weigh in on it. Also, maybe have a Larimer County Commissioner talk about this. ADJOURN 8:05 pm