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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 11/09/2022 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road November 9, 2022 Members: Andrea Elson, Chair Vicky McLane, Member Ross Cunniff, Vice Chair Alycia Crall, Member Mike Weber, Member Elena Lopez, Member Denise Culver, Member Cole Kramer, Member Joe Piesman, Member 11/09/20 22 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:31 p.m. 2. ROLL CALL: Andrea Elson, Ross Cunniff, Elena Lopez, Denise Culver, Cole Kramer, Joe Piesman, Alycia Crall Excused: Vicky McLane, Mike Weber NAD Staff: Katie Donahue, Julia Feder City Staff: Kirk Longstein, Senior Environmental Planner, Community Development and Neighborhood Services (CDNS) 3. COMMUNITY PARTICIPANTS: Ellis Carpenter 4. AGENDA REVIEW: Chair Elson amended the agenda at Vice-Chair Cunniff’s request to add an Action Item to allow for LCSB to make a recommendation to City Council regarding the draft regulations for new oil and gas development within City limits. 5. APPROVAL OF MINUTES: Member Kramer made a motion to approve the October LCSB meeting minutes. Member Piesman seconded the motion. The motion was unanimously approved 7-0. 6. ACTION ITEMS Land Conservation and Stewardship Board 2023 Work Plan LCSB briefly reviewed their 2023 work plan which was discussed during the October meeting, including the addition of two items. Member Piesman made a motion to adopt the Land Conservation and Stewardship Board 2023 Work Plan. Member Culver seconded the motion. The motion was unanimously approved 7-0. DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 Land Conservation & Stewardship Board Regular Meeting 11/09/20 22 MINUTES Page 2 Draft Oil and Gas Regulations Kirk Longstein, Senior Environmental Planner, CDNS gave a brief overview of the proposed changes to the Land Development Code to regulate siting and surface impacts of oil and gas development within City limits. The draft regulations are posted on the City’s website for public review. Kirk began by recounting the three main topics discussed during the October 25th Council work session: additions to the land development code regarding new or modified well sitings and operations; changes to ongoing operational standards used by Sustainability Services in partnership with Larimer County, including air quality compliance; and recommendations for reverse setbacks for new development near oil and gas facilities/structures. Kirk noted the reverse setback draft regulations are scheduled to be completed in Q1, 2023, while the updated zoning and setback regulations are up for Council adoption on December 6, 2022. DISCUSSION Chair Elson asked Kirk to describe any major changes to the draft regulations since the February 2022 presentation to LCSB. Kirk replied there were no major changes and reported the feedback during the Council work session was supportive of the proposed regulations. Kirk emphasized that limiting new wells to industrial zones combined with the proposed setbacks reduces the geographic area of oil and gas development significantly; the regulations are highly restrictive. There are also changes to the permitting process for modifications to existing wells which will increase local oversight when evaluating applications. Member Lopez asked Kirk to speak more about the reduction in distance of the reverse setbacks, and the proximity of industrial zones to residential zones, like Bucking Horse. Both Vice Chair Cunniff and Member Lopez asked for clarification regarding other oil and gas operations like utility pipelines because the updated code would allow a new use: Add “oil and gas pipelines” to all zone districts as an allowed use. Member Lopez also pointed out the regulations do not differentiate between new and existing pipelines. Kirk stated the draft regulations don’t cover these types of lines but went on to explain that any new well drilling or exploration would be subject to a City site plan review. Kirk offered to follow up with LCSB on this specific item of the regulation. Member Cunniff asserted there is general concern about the permitting of pipelines in residential zones. More directly related to the LCSB, would be for prohibiting pipelines in natural areas and/or Public Open Lands zoning, especially given the frequent easement requests. Vice-Chair Cunniff and Member Kramer stated the need to consider potential future encroachment of utility lines through natural areas and not just the current situation. Several members asked about the permitting of utility lines that originate outside of the City’s growth management area. Kirk replied that alternative location analyses would be required of a proposed site plan, including modification to existing lines/operations, and that standards to protect natural habitat DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 Land Conservation & Stewardship Board Regular Meeting 11/09/20 22 MINUTES Page 3 features would be applied to avoid impacts. Vice-Chair Cunniff responded that often, developers claim the alternative is an excessive burden and then request Council to accommodate an easement through natural areas. Member Cunniff proposed a broad statement to Council to cover all items of concern to the LCSB; to prohibit all new oil and gas wells, and pipelines in natural areas. Chair Elson asked for clarification on the action decision before Council in December. Kirk explained the first reading on December 6th is for the requirements of new well sitings and operations, and the enlargement or expansion of an existing facility. Member Cunniff added that the language in the draft regulations specifically allows for pipelines to be permitted in all zone districts and is therefore included for adoption. Chair Elson stated that having Council support oil and gas protections is beneficial. Given the short timeline before the first reading, she reminded everyone they always have the option to address Council on their own. Vice-Chair Cunniff made a motion that the Land Conservation and Stewardship Board recommends that City Council protect Natural Areas to the greatest extent possible through upcoming oil and gas regulation changes. Member Lopez seconded the motion. The motion was unanimously approved 7-0. Draft 1041 Regulations DISCUSSION Kirk shared a summary of the staff presentation made to Council during the November 7th work session, but first reported the 90-day extension of the moratorium is on the consent agenda for November 15th. Kirk noted the extension allows interested parties time to digest the updated draft which is pretty much an overhaul of the first draft released in June 2022. Kirk stated the proposed geographic thresholds shift how staff reviews applicability and standards, which may be of interest to the LCSB. Chair Elson asked if there were significant changes to the draft shared with Council since the presentation made in October by Kelly Smith, Sr. Environmental Planner. Kirk reported there were some minor tweaks, definitions clean up, and questions around water conservation and distribution requirements. Staff emphasized mitigation and will require alternatives in the pre- application to avoid impacts to natural habitat. Mitigation plans will also be required as part of permit review. Member Lopez asked if mitigation included air quality to which Kirk replied yes and added that greenhouse gas emissions were specifically identified. As he continued the review of the Council work session, Kirk explained there will be an update to include consideration of disproportionately impacted communities as a standard review item. This revision would address impact to private property, homes or businesses being displaced and any accompanying adverse financial impact. He reported several councilmembers were in support of the added definition for natural resources, and the thresholds that would prompt a 1041 permit review. There was discussion concerning Council as the sole decision-maker, especially given the technical nature of applications, as well as the potential for perceived DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 Land Conservation & Stewardship Board Regular Meeting 11/09/20 22 MINUTES Page 4 political implications. Council asked staff to provide another option for the final permitting decision. Other items of discussion during the Council work session included the definitions of “significant” and “adverse impact”, exemptions for projects previously approved by Planning and Zoning, application timelines, pre-application review process, and geographic rather than project size thresholds. In response to Chair Elson’s request for clarification of the definition of “project”, Kirk explained that staff developed definitions for projects and activities subject to the regulations. They also proposed an update to “development” to include City projects. Chair Elson and Member Kramer expressed concern about the potential for a developer to circumvent 1041 permitting by locating components outside of geographic thresholds or adding them after project completion. Kirk explained that staff evaluates the full scope of projects, but any component located outside of City limits is not subject to 1041 regulations. Any material changes to a project that would have a direct impact on any of the review standards means it would be subject to another 1041 review. Kirk briefly reviewed how staff would apply the buffer zone standards under the proposed regulations and the processes triggered if a project component encroached on a buffer zone. Vice Chair Cunniff and Member Kramer asked if air and water quality impact of a project were subject to review if they did not intersect with a geographic buffer. Kirk stated they were not. Several members expressed concern about the impact to air quality in Fort Collins not subject to City regulations. Kirk stated Council can always add other areas or activities to the regulations. Member Lopez noted that Larimer County covers all areas and activities in their 1041 regulations while the City is proposing just two activities to be subject to 1041. Kirk used past projects to show how 1041 could be applied to similar future domestic or potable (not raw) water projects. LCSB was asked for their definition of “natural resources” and if it would it include economic value; how would the City assess the value of adverse impact and subsequent mitigation. Member Kramer responded by stating the value of natural areas is intrinsic and economically unquantifiable. Member Lopez added the value can also be described as environmental and providing ecosystem services as opposed to economic. Several board members asked how to protect natural resources that are not within the defined natural areas, i.e., stormwater drainage. Kirk suggested City staff could examine the natural habitat features currently defined in the Land Development Code and compare to the proposed buffer zones to identify any gaps. Chair Elson stated LCSB would need to see the specific draft language in order to help define “natural resource”. Chair Elson asked Kirk to outline the next steps in the adoption process. Kirk will continue to engage with the community, starting with Boards and Commissions followed by focus groups. The first reading of the draft regulations is scheduled for February 7th. Member Piesman suggested if LSCB wanted to submit specific language regarding “natural resources” it would need to be finalized during the January meeting. Vice Chair Cunniff reminded the Board that he and Member Lopez had agreed to draft a memo and can have that prepared for the January DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 Land Conservation & Stewardship Board Regular Meeting 11/09/20 22 MINUTES Page 5 LCSB meeting. Vice Chair Cunniff stated it would be useful to make a recommendation now to Council to extend the moratorium because of the unanswered questions around natural habitat, and future extent of 1041 regulations. Vice Chair Cunniff made a motion that the Land Conservation and Stewardship Board recommends that City Council support the proposed 90-day extension to the 1041 moratorium so that City Council may further explore and define the natural resource definitions for 1041 regulations and for City Council to consider additional areas and activities that could be covered under 1041 regulations. Member Lopez seconded the motion. The motion was unanimously approved 7-0. BOARD UPDATES Bicycle Advisory Committee There was no report this month. DEPARTMENT UPDATES Katie Donahue, Director Before briefing LCSB on several Natural Areas Department updates, Katie thanked Julia Feder for serving as the Natural Areas staff liaison at last month’s meeting. Staffing Update Katie introduced Kristina Ostrowski as the new Business Support staff. Julia announced that Tawnya Ernst has been hired as the Land Conservation Lead Specialist starting on November 28th. NAD will continue to retain additional support from Real Estate Services. Seve Ghose who was the Director of Community Services has left the city and Dean Klingner, Planning, Development and Transportation has been appointed interim Community Services Director effective next week. Tyler Marr, who has been serving as interim Deputy City Manager, has been selected to permanently fill that role. Town of Windsor ballot initiative The ballot initiative to increase the town's sales tax by 0.25% to fund acquisition of more open space areas passed. This creates an opportunity for an additional regional partnership with shared interests along the Poudre River. Natural Areas 30th Anniversary proclamation The mayor read the proclamation announcing the 30th Anniversary of Natural Areas and the passing of the first ballot initiative at the November 1st Council meeting. DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 Land Conservation & Stewardship Board Regular Meeting 11/09/20 22 MINUTES Page 6 30th Anniversary Celebration Katie reminded LCSB of the celebration scheduled for November 30th at the Lincoln Center. Registrations are now full, but NAD is accepting registrations to the waitlist. Katie highlighted a few of the planned activities and noted that Horse & Dragon Brewing is re-labeling their dark lager to Mountains to Plains Lager, which will be available during the event. Hybrid meeting option for Boards & Commissions Katie offered to follow up on Member Cunniff’s question as to the future of hybrid meetings for non-decision-making Boards. Vice Chair Cunniff made a motion that the LCSB move into Executive Session to discuss potential real property and specific legal questions regarding such property acquisitions. Member Kramer seconded the motion. The motion was unanimously approved 7-0. The Board moved into Executive Session at 7:19 pm The Board reconvened into regular meeting at 8:02 and adjourned at 8:03 pm Andrea Elson, Chair Date DocuSign Envelope ID: 9881BB69-2487-4909-A646-791EDD9F49E3 12/22/2022