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HomeMy WebLinkAbout06/14/2023 - Land Conservation And Stewardship Board - Agenda - Regular MeetingLand Conservation & Stewardship Board Regular Meeting - in Person only Primrose Studio, 4300 Michaud Lane, Fort Collins, CO 80521 June 14, 2023 June 14 , 2023 1.CALL TO ORDER: 6:30 PM 2.ROLL CALL 3.AGENDA REVIEW 4.PUBLIC PARTICIPATION 5.APPROVAL OF MINUTES: April retreat and May meeting 6.DISCUSSION ITEMS Former Hughes Stadium site LCSB 30 mins 7.BOARD UPDATES BAC Scott Mason 5 mins 8.DEPARTMENT UPDATES Katie Donahue 10 mins 9.ADJOURNMENT Participation for this Land Conservation & Stewardship Board meeting will be available in person only at 4300 Michaud Lane, Fort Collins, CO 80521 The meeting will begin at 6:30 pm, June 14, 2023. The Chair will ask participants if they would like to speak at that time. Documents to Share: If residents wish to share a document or presentation, the Staff Liaison, Katie Donahue, kdonahue@fcgov.com needs to receive those materials via email by 24 hours before the meeting. Individuals uncomfortable or unable to participate in person are encouraged to participate by emailing general public comments you may have to Katie Donahue, kdonahue@fcgov.com. The Staff Liaison will ensure the Board receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. Land Conservation & Stewardship Board Board Retreat | 1745 Hoffman Mill Road April 28, 2023 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member Joe Piesman, Member Andrea Elson, Member 4 /2 8/2023 – MINUTES Page 1 1. CALL TO ORDER: Work session was called to order at 3:08 p.m. 2. ROLL CALL: Holger Kley, Ross Cunniff, Elena Lopez, Scott Mason, Joe Piesman Excused: Andrea Elson and Denise Culver NAD Staff: Julia Feder, Kristina Ostrowski, Mary Boyts 3. COMMUNITY PARTICIPANTS: None 4. AGENDA REVIEW: No changes to the agenda 5. DISCUSSION Prioritize 2023 Work Plan Chair Cunniff asked members to review the LCSB 2023 Work Plan and identify three items each member would like to see prioritized. The LCSB engaged in a conversation of the five Work Plan items identified as priorities (attachment 1). Members clarified the differences and shared understanding about Work Plan items 3 and 4. Chair Cunniff recognized it might be helpful if the LCSB created a set of values to guide their Work Plan and to better understand the resulting priorities. Board members created and described value statements which may help focus agenda items for the remainder of 2023 (attachment 2). Several board members noted the connection of value statements to the Work Plan and would like to see the Work Plan edited and improved before January 2024. Status check on issues that LCSB has taken a position on: Hughes Julia Feder, Environmental Planning Manager, provided a brief update on the status of the Hughes site stating the City has a purchase and sale agreement, but nothing has changed since the April LCSB meeting. The City Manager’s Office is planning to facilitate conversations with interested community members later this fall. The board briefly discussed sending a memo to Council regarding the Hughes site and reiterated their desire to time the delivery of such recommendation strategically before City staff starts designing the next phase of public outreach. Several members restated their desire for Natural Areas funding to be used only on Land Conservation & Stewardship Board Board Retreat 4/28/2023 MINUTES Page 2 the portions of the site that are compatible with existing natural areas including low impact activities and protection of habitat. Northern Integrated Supply Project (NISP) Julia Feder reminded the LCSB that the Army Corps of Engineers released the Record of Decision (ROD) in January 2023. City staff has been engaged in a final review and analysis but noted there is no mechanism for responding to the ROD. The May 9, 2023, City Council Work Session will focus on City’s water supply. This is a potential opportunity for staff and Council to discuss the City’s future engagement with NISP. The 1041 Regulations potentially to be adopted by the City may or may not require additional permitting to complete project infrastructure on City-owned natural areas. Additionally, Northern Water will be required to apply for easements across natural areas for the infrastructure (diversion structure, pump house, and pipes). LCSB supports Council adopting the Draft 1041 Regulations but emphasized the regulations do not go far enough; there is room for additional protection of natural areas. The board discussed the potential for adoption of 1041 to be an iterative process for the City, with additional areas and activities of statewide interest added in the future. Additionally, the LCSB can take a more wholistic view of the NISP and comment on the larger impacts; they discussed sending a memo to Council. Chair Cunniff offered to attend the Council work session to reiterate the position of the LCSB regarding NISP. Oil and Gas There are no new updates on the City’s regulations on oil and gas extraction in NAs within city limits. LCSB discussion included an overview of proposed regulations and protection for Natural Areas. Julia Feder described the new Larimer County Natural Resources Zoning designation which may provide a layer of protection for NAs outside city limits. This zoning designation will be discussed further at the May 10, 2023, LCSB meeting. LCSB also discussed a potential conservation easement on Meadow Springs Ranch. Staff will update the LCSB on the department’s conservation easement plan later this year. Tracking Impact of Recommendations and Memos to City Council Chair Cunniff led the LCSB through a review of the 2022 Annual Report. Highlights included Memos to Council, staff presentations to the LCSB, and acres conserved through department land conservation efforts. Chair Cunniff asked if anyone had thoughts on the monthly LCSB meeting agendas and invited members to suggest topics at any time. Land Conservation & Stewardship Board Board Retreat 4/28/2023 MINUTES Page 3 Moving forward, the LCSB will notate Council actions related to their recommendations and memos during regular monthly meetings. The LCSB recognized Council outcomes are not necessarily a measure of the LCSB effectiveness, but tracking can serve as a scorecard. They also noted some items before Council are ongoing or take years to work through before adoption. How to be an effective advisory board for City Council Members discussed strategies to support their role as advisors to Council, including to submit memos prior to work sessions, attend Council meetings and/or work sessions, and authorize the LCSB Chair to request meetings with Council members. The LCSB also discussed inviting Council to field trips to sites impacted by Council decisions. Council members have previously joined field trips (Kestrel Fields, Hageman). Members favored this approach and discussed a future field trip to the former Hughes site and invite Council. Members emphasized the value of being on site, experiencing the wildlife and habitat, and seeing proximity to proposed uses at the Hughes site. This will be discussed further during the May 10, 2023, regular meeting, and during agenda setting for upcoming LCSB meetings. 6. ADJOURNMENT Meeting was adjourned at 5:24 p.m. Ross Cunniff, Chair Date Adopted by LCSB November 9, 2022 Natural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas Land Conservation & Stewardship Board Key Initiatives/Work Items for 2023 1.Advocate for accelerated Land Conservation, through partnerships, land acquisitions and conservation easements. 2.Advocate for funding mechanisms that make possible land conservation at a faster pace than can be supported by current funding, in recognition of future land unavailability and higher price. 3.Advise Natural Area Department staff and City Council regarding Natural Area Department land conservation opportunities, priorities, and future direction. 4.Advise Natural Areas Department staff and City Council on matters affecting Natural Areas Department land, water and other real property interests. 5.Review City and Growth Management Area plans for Natural Area opportunities and impacts. 6.Advise Natural Area Department staff on Natural Area Department strategic plans, management plans, and other management initiatives. 7.Review the Natural Areas Department’s budget re-appropriation requests. Provide recommendations to City Council as needed. 8.Advise on proposed projects that may potentially impact Natural Area conserved properties, for example NISP and oil and gas development. Advise on policies to protect these properties and other City-owned lands that have conservation value. 9.Advise Natural Areas Department, other City Departments, and City Council on long-term strategies for conserving Meadow Springs Ranch. 10. Advise Natural Areas Department on planning for and mitigating against the effects of climate change; educate Council on the role of natural areas… 11. Elevate the voices of underserved voice and community members when considering advice and when making decisions ATTACHMENT 1 LCSB Retreat 4/28/2023 ATTACHMENT 2 LCSB RETREAT 4/28/2023 VALUES ADVOCACY AND OUTREACH Advocating for the value of natural areas ADD ETHICS AND ETIQUETTE TO OUR MISSION AND OUTREACH EQUITY (DEI) Advocate/educate policy makers on impacts of possible decisions (minimize “policy damage”, maximize “policy benefit”) LAND CONSERVATION Seeking permanent protection for natural areas EXPANDING # OF ACRES OF CONSERVED LAND (LOCALLY AND REGIONALLY) (EASEMENTS) Land purchase Accelerate Land Conservation as opportunities continue to disappear. PROTECT EXISTING ASSETS Protecting natural areas from infrastructure encroachment Minimize human-caused damage to NA & wildlife PRIORITIZE WILDLIFE HABITAT & LAND CONSERVATION OVER HUMAN ACCESS & IMPACT Holding back overdevelopment Focus on impacts from NISP and oil & gas regulations in the near term Maximize conserved habitat in perpetuity RESTORATION & REHAB. LAND REHABILITIATON & RESTORATION Restoration Poudre River ecological “health” CONNECTIVITY Habitat corridors, establishing and preserving them Promote continuity and compatibility of adjoining uses to maintain habitat value FUNDING Establishing and expanding the regional context IDENTIFYING ADDITIONAL FUNDING MECHANISMS SO WE ARE COMPETITIVE IN OFFERS & FORT AQUISTION, O&M Look for and/or advocated for a permanent funding source for NAs Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road May 10, 2023 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member Joe Piesman, Member Andrea Elson, Member 5/10/2023 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:35 p.m. 2. ROLL CALL: Andrea Elson, Ross Cunniff, Holger Kley, Elena Lopez, Joe Piesman, Scott Mason, Denise Culver NAD Staff: Julia Feder, Matt Parker, Kristina Ostrowski, Mary Boyts 3. COMMUNITY PARTICIPANTS: None 4. AGENDA REVIEW: No changes to the agenda 5. APPROVAL OF MINUTES Member Mason made a motion to approve the April 2023 LCSB meeting Minutes. Member Kley seconded the motion. The motion was unanimously approved 7-0. 6. GUESTS: Beth Bullard, Daniel Biwer and Wade Willis, Poudre Heritage Alliance, and Zac Wiebe, Larimer County Department of Natural Resources 7. DISCUSSION ITEMS Poudre Heritage Alliance (PHA) Beth Bullard, Assistant Director; Dan Biwer, Chair of the Board of Directors; and Wade Willis, Past Chair of the Poudre Heritage Alliance, introduced themselves to the LCSB. Dan Biwer opened the presentation with a description of a National Heritage Area (NHA), “National Heritage Areas are designated by Congress as places where natural, cultural, and historic resources combine to form a cohesive, nationally important landscape”. NHAs are administered through the National Park Service, but unlike national parks NHAs do not own or physically manage any land or any real property, nor does it impose any sort of land use control or authority over land. Dan Biwer explained the PHS uses its federal appropriations to leverage additional funding through a variety of sources including private donations, fundraising and grants. The Cache la Poudre River National Heritage Area, designated by Congress in 2009, encompasses the lower 45 miles of the river, from the canyon mouth to the confluence with the South Platte River. The foundation for the designation is the role of the Cache la Poudre River in western water law. Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 2 Wade Willis stated the goals of the organization: promote the heritage area, engage the community, and “encourage balance within the National Heritage Area between the preservation of natural cultural, economic resources, public access to the Cache la Poudre River, and the rights of private property owners to use and enjoy their lands, and promote tourism. He noted programming and interpretive signage throughout the corridor are some of the ways to tell the story of the NHA. Every city (in the NHA) offers incredible amenities, but the river corridor ties this all together. Beth Bullard stated the PHA programs and projects truly align with the mission to promote, engage, inspire, and connect the community to the river corridor. She provided an overview of the community events, and partnerships with Larimer County, Larimer County Dive Rescue, and the City of Fort Collins. She highlighted the PHA curated tours through the heritage area and the numerous resources available on their website. The PHA is working on consistent wayside signage in the heritage area, as well as restoration of the Bellvue Hydrology Lab. Discussion Member Culver asked if the PHA is concerned about the implementation of the Northern Integrated supply Project (NISP) since part of the PHA mission is to protect the watershed and habitat diversity. Beth Bullard reiterated the mission of the PHA is to tell the story of the heritage area, but as an organization they are neutral. Chair Cunniff pointed out there is some overlap of PHA board membership and partners in the NISP. Dan Biwer stated the PHA does not influence policy. Member Lopez asked if the PHA views the heritage area as one of statewide interest under 1041 powers. Dan Biwer replied they have not looked at the designation regarding land use regulations. Member Culver suggested they may be missing an opportunity to protect the Poudre River. Dan Biwer explained that from a strictly legal perspective, PHA does not have a voice. PHA views it as an area of historical and cultural significance but it’s up to individual communities along the river corridor to make land use decisions. Dan Biwer agreed with Member Piesman that while the City of Fort Collins can designate the Cache la Poudre National Heritage Area as an area of statewide interest, the PHA would not play a role in City of Fort Collins regulations. Member Piesman reported the Colorado Department of Transportation has completed the I-25 underpass. While there is still work to be done, it’s going to be exciting to connect the whole heritage area with the trail and create more opportunities for education and tourism. Member Kley asked for examples of the PHA promoting the historic role of the Poudre River in the development of water law. Beth Bullard cited the historical archives on the PHA website and the CSU archives, as well as having funded books, recorded oral history, participation in water conferences, and tours of the Bellvue Lab. Wade Willis noted the Parshall water measurement system was developed at the Bellvue Hydrology Lab, a system still in use today. Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 3 Member Culver stated the importance of including ecology of the river and flood zone information on interpretive signage. Beth Bullard agreed this would be great information to include and restated the interpretive signage plan throughout the heritage area will be a collaborative effort between PHA and organizations such as the City of Fort Collins. Member Mason asked about the James Ross proving up house (PHA restoration project) with Chair Cunniff explaining the nature of a proving up house and that it is currently located at Lee Martinez Park. The LCSB thanked the PHA for their presentation and noted it was helpful to hear firsthand the mission of the organization. Larimer County Natural Resources Zoning Julia Feder, Environmental Planning Manager introduced Zac Wiebe, Planning and Natural Resource Specialist, Larimer Department of Natural Resources, and provided an overview of the Natural Resource zoning designation adopted by Larimer County in 2021. The amended Larimer County Land Use Code includes new zone districts with the goal of transitioning the current O-Open district over time to encompass three new designations: NR-Natural Resources, AG-Agriculture, and FO-Forestry to provide more definition to the purpose and appropriate use of rural sectors of the region. The NR-Natural Resources zone district intends to maintain the character of conserved natural areas, public lands, and open lands. The City of Fort Collins Natural Areas Department, in collaboration with Larimer County Department of Natural Resources staff, are considering a plan and timeline for redesignation of properties currently zoned O-Open that qualify for NR-Natural Resources Zoning. While most City-owned natural areas sit within the Fort Collins Growth Management Area or within City Limits and therefore would be unaffected by such zoning changes, regional City-owned natural areas within unincorporated Larimer County are currently zoned as O-Open. As the County works to re-zone O-Open parcels, designation of these sites as NR-Natural Resources would provide this land with additional protection. The City supports the County’s request to include sites on which the City of Fort Collins is a partial owner (i.e., Long View Farm, Rimrock, Devil’s Backbone open spaces) in the Q2-Q3 2023 pilot effort. Staff recommend re-zoning Soapstone Prairie Natural Area to NR-Natural Resources during the pilot phase in Q2-Q3 2023 to provide added protection against oil and gas exploration and surface drilling. The NR Zoning designation would also create an additional buffer with adjoining properties. Dependent on outcomes of the pilot effort, staff will establish a plan for re-zoning other eligible properties in the latter half of 2023. Discussion Member Elson commented that the NR-zoning appears to be more restrictive, which seems Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 4 favorable to Natural Areas and asked about potential limitations. Julia Feder explained that conservation related work, such as the Motus radio towers to track grassland bird migration, would be permitted under NR-Zoning. Zac Wiebe noted many of the Larimer County open lands properties are encumbered by conservation easements which, in most cases, are more restrictive than the NR-Zoning designation. He stated the goal is to redesignate all Larimer County Department of Natural Resources managed open lands zoning as NR. The County is also engaging with other municipal partners and starting conversation with their federal partners before reaching out to private landowners. Member Lopez asked if there were any downsides to the NR-Zoning. Julia Feder and Zac Wiebe acknowledged the importance of navigating relations with neighboring landowners. Zac Wiebe explained the NR-Zoning provides an additional buffer by limiting use on surrounding land. He described the rezoning of O-open land properties follows the existing standard rezoning process: submit application to Planning Commission, notify public, and request approval from Board of County Commissioners. Member Lopez asked if the NR-Zoning would create a hinderance to adding a conservation easement to a property in the future. Julia Feder stated it would not. Chair Cunniff expressed his concern with some of the permitted uses allowed under the NR- Zoning which might create an incentive for development of facilities (RV park, shooting range) adjacent to existing natural areas. Zac Wiebe reiterated the NR-Zoning designation requires a review process and the NR-Zoning adds additional protection in the form of buffer zones, landscaping, etc. Julia Feder reminded the LCSB that many of the adjacent properties at Soapstone Prairie Natural Areas are protected by conservation easements. Chair Cunniff noted the uses allowed under NR-Zoning only require an administrative permit. He is supportive of the NR-Zoning, especially in tandem with conservation easements to allay his concern of both development and a future Council selling city-owned properties. He appreciates NAD staff moving thoughtfully with one property at a time. Member Piesman asked if power lines would be permitted under NR-Zoning. Zac Wiebe and Julia Feder will check with Larimer County Planning staff and report back. Member Kley sought clarification regarding surface and subsurface owner rights under the NR- Zoning. Julia Feder explained the zoning protects the surface landowner. Subsurface rights could be accessed only through a horizontal method. Member Elson inquired about the County’s engagement with federal partners (US Forest Service). Zac Wiebe stated the zoning would likely have limited impact on federal land use. Julia Feder reminded the LCSB this was a discussion item and thanked them for their feedback and input. NAD staff will provide updates to the LCSB as the re-zoning process progresses. Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 5 8. BOARD UPDATES Retreat follow up Chair Cunniff provided a brief review of the April 28th retreat. The LCSB prioritized the 2023 work plan by each member selecting three items from the work plan. During this activity, the LCSB realized they needed to identify the values the LCSB is trying to promote through their advisory work. This led to a thoughtful discussion which helped to explain the board’s priorities. The LCSB also reviewed the recommendations made to Council in 2022 and the first quarter of 2023. They discussed creating a scorecard to track actions by Council related to the LSCB recommendations. Member Mason noted some items before Council take months or years, and councilmembers change and council priorities change. Member Piesman stated a recurring theme during the retreat was wildlife and wildlife connectivity, and that it would be interesting to get an update from staff on wildlife in the natural areas. The LCSB supported Chair Cunniff commenting before Council on the recommendation of the LCSB regarding the Northern Integrated Supply Project. Member Elson thanked everyone for the review since she was not able to attend and commended them on the work accomplished during the retreat. Former Hughes Stadium site tour Julia Feder reminded the LCSB the City has a purchase sale agreement but has not yet closed on the property. It will be necessary to coordinate the tour with the City Manager’s Office and confirm the itinerary. The LCSB is interested in viewing the west side of the property and its compatibility with the existing Maxwell and Pineridge Natural Areas. They would be looking to see what uses would be appropriate adjacent to existing natural areas. Member Piesman commented that the west side of the site is surprisingly pleasant. He advocates for a tour to occur soon before it becomes hot, and the vegetation starts to dry. Chair Cunniff said it would be helpful for the City’s Utilities Stormwater to provide an outline of their continued use of the site. Julia Feder suggested scheduling the tour on the afternoon of the June 14th LCSB meeting starting at 4:30 p.m. with the regular meeting held at Primrose Studio. The LCSB supported the proposed schedule. Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 6 Bicycle Advisory Committee Scott was not able to attend the April BAC meeting. He summarized the memo the BAC submitted to the Transportation Board recommending the City invest in bike parks, skill areas, soft-surface trails, recreational paved surfaces, and closed courses throughout the City. Member Culver asked for a definition of bike park. Member Mason described the various features including jumps, banked turns, and wooden structures (similar to BMX course). Chair Cunniff noted the planned tour of the Hughes site would help inform a memo to Council regarding the high intensity use of a bike park adjacent to an existing natural area. Member Kley reported Boulder County located the Valmont Bike Park off their open space so as not to interfere with the open space experience. There was also discussion around the number of acres proposed for a bike park. Chair Cunniff stated that because there are voices in the Fort Collins community supporting a bike park on the Hughes parcel, timing might be right for us to advocate our values to Council. Miscellaneous Chair Cunniff reported Council adopted 1041 regulations ordinance on the second reading during May 16th meeting. Member Lopez announced the Boards and Commissions Super Issues meeting on May 12 to discuss the City’s Land Use Code. Member Lopez asked if staff could provide a balance sheet of NAD revenue and expenditures. She also requested a presentation from staff regarding “blue and green” money. Julia suggested scheduling the presentation in August after the new board members are appointed. 9. DEPARTMENT UPDATES Julia Feder LCSB Vacancies 21 applications were submitted for the two LCSB vacancies. Interviews will be conducted on May 24th with Councilmembers Ohlson and Gutowsky on the interview panel. Julia Feder will attend as NAD staff liaison. Council Work Session May 9, 2023 City staff asked Council for direction in continued engagement with Northern Water regarding the Northern Integrated Supply Project. Also discussed was the potential for the City to store water in the proposed Glade Reservoir and to engage Northern Water in opportunities to decrease proposed impacts to City-owned natural areas. Council supports continued conversation with Northern Water but was divided on the water storage option. Council instructed staff to stay engaged in NISP discussions and planning, while not pursuing opportunities to store water in Glade at this time. Council asked City staff to keep them informed. Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 7 Heaven’s Door Larimer County Department of Natural Resources has extended an invitation to the LCSB to tour the Heaven’s Door Ranch on June 26 (currently no public access). LCSB members are asked to let staff know if they plan to attend by the 6/14/23 LCSB meeting. Kestrel Fields Natural Area Trail work is complete with some infrastructure work in the final stages. There will be a soft opening and planting event on May 19th, weather dependent. The formal opening celebration is scheduled for September 9th. Staffing Two Sr. Supervisor positions will be posted in the coming weeks, one each for Trails and Visitor Amenities and Public Engagement. Ranger vacancies have been filled and their work team will be fully staff by late June. Environmental Learning Center (ELC) Flow Restoration project The ELC flow restoration project is now operational. Julia stated this is a great project and encouraged the LCSB to tour the site. Poudre River Trail The underpass at I-25 is complete with final trail construction at Arapaho Bend scheduled to be completed mid-summer. 10. ADJOURNMENT Meeting was adjourned at 7:35 p.m. Ross Cunniff, Chair Date