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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 05/10/2023 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. DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 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. DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 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 the NR-zoning appears to be more restrictive, which seems DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 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. DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 5 7. 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. DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 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. 8. 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 opportunities to engage Northern Water in opportunities to decrease proposed impacts to City-owned natural areas. Council supports DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 Land Conservation & Stewardship Board Regular Meeting 5/10 /2023 MINUTES Page 7 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. 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 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. 9. ADJOURNMENT The meeting was adjourned at 7:35 p.m. Ross Cunniff, Chair Date DocuSign Envelope ID: CE373F1F-0486-42ED-B63D-FFB48599BA87 6/20/2023