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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 03/08/2023 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road March 8, 2023 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Andrea Elson, Member Joe Piesman, Member Denise Culver, Member 3/8 /20 2 3 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:31 p.m. 2. ROLL CALL: Holger Kley, Ross Cunniff, Joe Piesman, Andrea Elson, Denise Culver, Scott Mason, Elena Lopez NAD Staff: Katie Donahue, Julia Feder, Rachel Steeves, Zoë Shark, Matt Parker 3. COMMUNITY MEMBERS: Ellis Carpenter, Ray Watts, Mike Weber 4. AGENDA REVIEW: No changes to the agenda. 5. APPROVAL OF MINUTES: Katie Donahue and Mary Boyts corrected minor typographic errors to the minutes. Member Elson made a motion to approve the February LCSB meeting minutes with changes. Member Kley seconded the motion. The motion was approved 7-0. 6. COMMUNITY PARTICIPATION: Ray Watts introduced himself noting his 8 years of service on the Land Conservation and Stewardship Board. He thanked the Board for their work and said he was present to speak about the City’s Draft 1041 Regulations. He has been examining the Colorado Revised Statutes covering 1041 powers and has written a 10-page summary, which he is happy to share with any interested board members. Ray Watts explained the two types of 1041 designations a municipality can take: area designation and activity designation. He is supportive of the memos the LCSB sent to Council, specifically that 1041 Regulations should be applied to the entire City. The current Draft 1041 Regulations cover two activities of interest: water systems and highway expansion, but no areas of interest. Because the Cache la Poudre National Heritage Area has been designated as a historical area by the United States Congress, it is wholly qualified to be an area of State interest, “Consideration is to be given to the protection of those areas essential for wildlife habitat development in areas containing historical or geological or natural resources shall be conducted in a manner which will minimize damage to those resources for future use”. Ray Watts stated the “area of state interest” designation and accompanying guidelines can be made by Council without adopting detailed regulations and would provide more comprehensive 1041 applicability to 18 natural areas, sections of the Poudre River Trail and portions of Lee Martinez Park. Ray Watts will send the summary to Chair Cunniff to distribute to the LCSB. DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E Land Conservation & Stewardship Board Regular Meeting 3/8 /2023 MINUTES Page 2 Ellis Carpenter stated he is a resident of Fort Collins and has a personal interest in local land conservation. Mike Weber stated he is just observing the meeting. 7. ACTION ITEMS: 1041 Regulations Katie reported Council postponed the first reading of the third version of Draft 1041 Regulations until May 2, 2023. Postponement of the first reading will allow staff additional time to reengage with stakeholders and to further develop the draft. The first reading of the ordinance to extend the moratorium regarding 1041 passed on consent. A date for the second reading has not been posted. Discussion Chair Cunniff opened the discussion asking if members had a response to the statement regarding 1041 Regulations made by Ray Watts. Member Piesman stated his support of the proposed area designation. Several members stressed the importance of citing the state statute in communication with Council. Member Kley's understanding of the January version of the Draft 1041 Regulations was that it is very narrow in scope with no movement toward expansion of applicability, which was the recommendation of the LCSB. He stated LCSB is not able to provide specific input without seeing the latest draft. Chair Cunniff agreed and suggested they reiterate the previous recommendation with the addition of the area designation as described by Ray Watts. Member Culver voiced her understanding that the area designation would broaden the scope of 1041 Regulations to include the river. Chair Cunniff proposed the LCSB make a brief motion now to share with Council with the intent to follow up with a more detailed memo next month. Member Culver thanked Ray Watts for his research and hard work, and expressed her hope it will lead to a positive outcome for the Poudre River and its environs. Member Piesman reminded everyone 1041 Regulations can evolve; the City can amend and/or add areas and activities in the future. Chair Cunniff made a motion that the Land Conservation and Stewardship Board recommend that City Council designate the Cache la Poudre River National Heritage Area as an area of statewide interest, with respect to 1041 Regulations consistent with Colorado Revised Statutes 24-65.1. Member Elson seconded the motion. The motion was approved unanimously 7-0. Draft Oil and Gas Regulations Chair Cunniff stated there was no staff presentation and opened the topic for discussion. Chair Cunniff reported that Council may be considering expanding the regulations and asked if the LCSB wanted to amend their previous recommendation to Council to protect natural areas to the greatest extent possible. Chair Cunniff suggested the Board encourage Council to look at other municipalities that have adopted similar expansive oil and gas regulations. Member DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E Land Conservation & Stewardship Board Regular Meeting 3/8 /2023 MINUTES Page 3 Piesman said the LCSB has been very adamant in their recommendation to protect natural areas from oil and gas exploration. Several members expressed the importance of protecting the natural areas located outside of City limits. Member Kley asked if there is a summary or list of mineral rights on natural areas outside of the City. Julia Feder responded that mineral rights are a part of all acquisitions and staff have detailed documentation and an understanding of mineral rights. Julia Feder offered to share the section of the Energy by Design Report with the LCSB detailing the mineral rights at Soapstone Prairie Natural Area. 8. DISCUSSION ITEMS: Urban Zone Update Rachel Steeves, Environmental Planner opened her presentation by acknowledging the other staff members of the project team, Kelly Smith, Sr. Environmental Planner and Jenny Roberts, Environmental Planner. She then provided LCSB with a brief review of Conservation and Stewardship Planning and zone management. Rachel Steeves shared the project timeline, including public engagement and the progress to date. The project team is gathering existing ecological data, talking with various NAD work teams about their goals, examining visitor use, and planning for extensive public engagement to guide the development of the draft plan. Several board members commented about wildlife and habitat in the Urban Zone properties. Member Piesman highlighted the bird mecca that is Tanglewood Natural Area and member Culver stated there is quite a diversity of birds at Goose Hollow. Rachel Steeves described the 13 Urban Zone properties noting many of the properties serve a stormwater function and are comanaged with the City Utilities Department. She also cited the partnership with the Parks Department because the paved Spring Creek trail passes through five of the Urban Zone properties. The myriad of “green spaces” within the urban zone that are not natural areas offer opportunities for partnerships and influence, prompting the outreach question #3 What do you enjoy or appreciate about the natural spaces throughout Fort Collins (i.e., detention ponds, HOA open space, xeric/native gardens, as well as natural areas)? Rachel Steeves then briefly described the planned outreach activities for gathering public feedback about the Urban Zone to be conducted March-June 2023. Discussion The LCSB was invited to submit responses to three questions to be used during the public engagement process. Member Culver suggested a change to question #2; survey participants may not know meaning of “community.” Chair Cunniff commented when visiting an Urban Zone property, it often does not feel urban, it feels like a sanctuary. Board members responded to the questions in writing, and via the Mentimeter website, and engaged in a brief discussion of the word cloud that was generated in real time. Member Piesman suggested engaging the community on a nice Saturday as they enter Tanglewood from the adjacent neighborhood. Julia Feder reminded the LCSB that their input here tonight and during last month’s presentation on the Poudre Zone will help staff in establishing priorities for conservation and people in the natural areas. Several members expressed their desire for a different name to describe the urban zone DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E Land Conservation & Stewardship Board Regular Meeting 3/8 /2023 MINUTES Page 4 properties. Chair Cunniff stated the urban label may mislead the public expectations of permitted uses. Member Lopez urged staff to include a definition of “urban zone” in the survey to eliminate potential confusion. Member Kley asked for clarification on the type of responses staff would collect from the public. Rachel Steeves explained all three questions will allow for long answers. Member Kley pointed out the first two questions ask for comments that can be positive or negative, while the third question is only asking for positive feedback; it’s always interesting to hear both sides. Chair Cunniff asked if there are other properties in the Urban Zone under consideration for acquisition. Julia Feder explained the Land Conservation team maintains an extensive priority list for acquisitions and conservation easements and evaluates the list on a rolling basis in conjunction with the zone updates. She stated the importance of recognizing there are very few vacant land opportunities left within the City limits. Member Lopez reported she is asked why Fort Collins tax dollars are spent outside the City. Julia Feder replied that the most recent natural area to open to the public was Puente Verde, soon to be followed by Kestrel Fields, and then the properties along Dry Creek. Member Lopez reiterated her passion for habitat connectivity. Julia Feder explained that engaging private landowners and encouraging public- private partnerships, including Nature in the City (NIC), can be part of the connectivity solution. Julia reminded the LCSB that NIC grants are funded by the Community Capital Improvement Project (CCIP). Chair Cunniff pointed out the properties in the urban zone are located where property values are the highest and conservation easements would provide protection from development pressures in perpetuity. Julia Feder explained most conservation easements are sought on properties of 20-30 or more acres. Land Conservation staff is examining how other agencies are approaching conservation easements. 9. BOARD UPDATES Board Retreat Chair Cunniff led the board in a brief discussion of their upcoming retreat stating it would be beneficial to go over the work plan and prioritize items and do some brainstorming. Both Chair Cunniff and member Piesman stated holding the retreat at Primrose or Buckhorn would be nice. Katie Donahue explained the Buckhorn facility does not currently support a hybrid meeting, although staff is working towards that. Chair Cunniff asked for input from board on location, topics other than current work plan, and meeting times. Member Culver supported holding the meeting in a location that would allow for walking, birding, etc. as part of brainstorming activities. The LCSB agreed to meeting on Friday afternoon in May. Bicycle Advisory Committee Member Mason provided an update on the combined meeting with Transportation Board on February 15th. The Transportation Demand Management Master Plan for Colorado State University (CSU) and the City’s Travel Demand Management plan were the focus of the meeting. CSU is conducting a comprehensive data analysis including parking demand, transit DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E Land Conservation & Stewardship Board Regular Meeting 3/8 /2023 MINUTES Page 5 ridership, bicycle counts, crash data, campus housing, land use, and modes of transportation. Melina Dempsey, Sr. Planner, Transportation presented the City’s Travel Demand Management goals and strategies to reduce single occupancy vehicle trips and trip length; shift towards clean transportation. Member Mason reported there are 695,000 daily trips in/to Fort Collins. He also shared several other statistics from the City’s transportation needs analysis and reported on how the City is addressing those needs. Member Mason offered to email the presentation materials to those interested. 10. DEPARTMENT UPDATES Katie Donahue Land Conservation There is a lot of great stuff happening in Land Conservation that will be covered during next month’s executive session. Tawnya Ernst and staff have been doing incredible work over the last couple of months. Poudre River Forum The annual forum was held last week, and a number of NAD staff attended. Among topics covered were housing affordability and water, agriculture and water, and how to make the Poudre River a healthy working river. Katie stated it was great opportunity to connect with partners both upstream and downstream of the City. Videos of the program are available on CSU’s website. Staffing Update There are several vacancies on the Public Engagement team. NAD is working to fill those positions and acknowledge this may impact summer programming. NAD is coordinating with volunteers and other staff groups to help support Zoë and her team. The Environmental Planner candidate interviews are scheduled for Friday, March 10. There was a great response to the job announcement. Julia reported 60 applications were submitted with five finalists to be interviewed in person. Citywide Equity Meeting The City’s Equity Office held a meeting with Native American community last weekend to build informal tribal consultation and well as establish formal processes. Natural Areas was a participant and is working to be engaged with the Native American/Indigenous community. Board and Commissions Recruitment Because the Council election cycle has moved to November it makes it difficult to recruit and fill DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E Land Conservation & Stewardship Board Regular Meeting 3/8 /2023 MINUTES Page 6 board positions in November and December. They Clerk’s Office plans to change the timing for next year but will allow a special recruitment this year to fill vacancies and accept applications April 1-28, 2023. Katie will contact persons who have expressed an interest. Hopefully, there will be two new board members this summer. She also shared Cole Kramer’s announcement of his resignation due to scheduling commitments of his new job. Staff is excited for him and his new position with the City of Loveland and look forward to working with him on regional conservation efforts. Council Update The City has a purchase and sale agreement with CSU for the former Hughes Stadium site. Next week’s Council work session includes future considerations of the former Hughes property. A second survey was conducted and additional conversations with stakeholder groups took place to further inform Council about the community’s expectations. A large number of people came to last night’s regular Council meeting to express their opinions on future use of the site. There were lots of different perspectives shared with Council, including a substantial number advocating for a mountain bike park. Katie explained the work session provides staff an opportunity to check in with Council and perhaps get some additional guidance. There will future opportunities for LCSB to weigh in on specific plans for the site. Rocky Mountain Raptor Program Natural Areas received the Freedom Flight Award for its conservation and stewardship for birds of prey. The award was presented during the Rocky Mountain Raptor Program 30th Gala event. 11. ADJOURNMENT The meeting was adjourned at 7:45 p.m. Ross Cunniff, Chair Date DocuSign Envelope ID: 68094ED5-B1DB-4557-9A52-4D6F475A315E 4/19/2023