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HomeMy WebLinkAbout07/12/2023 - Land Conservation And Stewardship Board - Agenda - Regular Meeting Land Conservation & Stewardship Board Regular Meeting Hybrid format: in person or Zoom 1745 Hoffman Mill Road/Main Office Conference Room July 12, 2023 July 12 , 202 3 Participation for this Land Conservation & Stewardship Board meeting will be available online, by phone or in person. Public Participation (Online): Individuals who wish to address the Land Conservation & Stewardship Board via remote public participation can do so through Zoom, see below. The meeting will be available to join beginning at 5:30 pm, July 12, 2023. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. Join Zoom Meeting https://fcgov.zoom.us/j/91262842297?pwd=MThmdTREZXd6Z2V0MkNabENlUlFiQT09 Meeting ID: 912 6284 2297 Passcode: gi0J6=gm One tap mobile +17209289299,,91262842297# US (Denver) +13462487799,,91262842297# US (Houston) Dial by your location • +1 720 928 9299 US (Denver) • +1 346 248 7799 US (Houston) • +1 253 215 8782 US (Tacoma) • +1 646 558 8656 US (New York) • +1 312 626 6799 US (Chicago) Find your local number: https://fcgov.zoom.us/u/aeizWCgMH Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. Public Participation (Phone): As listed above, the meeting will be available beginning at 5:30 pm . For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participa nts have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted status. Documents to Share: If residents wish to share a document or presentation, the Staff Liaison needs to receive those materials via email by 24 hours before the meeting. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone 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 Regular Meeting Hybrid Format: In person or Zoom July 12, 2023 July 12 , 2023 1. CALL TO ORDER: 5:30 PM 2. ROLL CALL 3. AGENDA REVIEW 4. COMMUNITY PARTICIPATION 5. APPROVAL OF MINUTES 6. WELCOME NEW MEMBERS LCSB 10 min 7. ACTION ITEMS Hughes Memo LCSB 20 min 8. DISCUSSION ITEMS Coterie Notice of Alignment Tawnya Ernst 15 min 9. BOARD UPDATES BAC Scott Mason 5 min 10. DEPARTMENT UPDATES Katie Donahue 10 min 11. EXECUTIVE SESSION* Land Conservation update Tawnya Ernst 20 min 12. ADJOURNMENT *Executive session is for staff and board members only. Land Conservation & Stewardship Board Regular Meeting | Primrose Studio, 4300 Michaud Lane, Fort Collins June 14, 2023 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member Joe Piesman, Member Andrea Elson, Member 6 /14 /2023 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 6:31 p.m. 2. ROLL CALL: Holger Kley, Denise Culver, Joe Piesman, Elena Lopez, Ross Cunniff, Andrea Elson Excused: Scott Mason NAD Staff: Katie Donahue, Julia Feder, Mary Boyts, Kristina Ostrowski 3. AGENDA REVIEW: No changes to the agenda 4. COMMUNITY PARTICIPANTS: Mark Sears. Mark Sears stated he was present this evening to observe and get ready to join the Board next month if Council approves his appointment. 5. APPROVAL OF MINUTES Member Piesman made a motion to approve the April 2023 LCSB Retreat meeting minutes and the May 2023 regular meeting minutes. Member Culver seconded the motion. The motion was unanimously approved 6-0. 6. DISCUSSION ITEMS Former Hughes Stadium site Chair Cunniff opened the discussion by stating the purpose of today’s tour was inform any recommendation made to Council regarding the proposed future use of the former Hughes Stadium site; specifically, compatibility use adjacent to existing natural areas. He reminded everyone that it has been the intent of the LCSB to make a recommendation to Council as the decision for possible use scenarios draws closer. Chair Cunniff asked staff for an update on the City’s acquisition of the property. Katie Donahue reported the City is under contract to purchase the property with the closing scheduled for later this summer. It is understood that Real Estate Services is doing standard due diligence, including environmental review, but no details have been made available. Katie reiterated the direction from Council during their work session was that they are not in a rush to decide on use scenarios. The City Manager’s Office has tentatively planned for additional public engagement later this fall. Member Piesman asked for confirmation of the proposed $2 million contribution required of the Land Conservation & Stewardship Board Regular Meeting 6 /14 /2023 MINUTES Page 2 Natural Areas Department. Katie Donahue confirmed and noted the NAD has their contribution amount held in reserve with the total purchase balance being bonded. Final financial obligations across City departments will depend on the final property management and use decisions made by Council. Chair Cunniff noted some members of the public attended the tour and their questions were centered on future restoration, soil contamination, any remaining foundation of the stadium structure, water rights, and the source of the fill dirt. Member Culver asked if the public was there because of the potential for a mountain bike park and stated it was interesting to hear questions from the community. Member Elson said it seemed like the LCSB was holding back and asked if other groups interested in future use were also waiting to see what happens; did anyone have a sense of the interested groups actively lobbying Council. Chair Cunniff replied he thinks bike advocates are lobbying for a structured bicycle sports venue on the site. Member Piesman asked if there was a natural demarcation that set off the west portion of the property which is of higher value as a future natural area. He recalled the number of trees on the west side that provide habitat for birds, and the many flowers and pollinators but recognized the habitat value drops going east across the property. Member Culver agreed on the value of the trees. She commented on the presence of yellow clover and Western Wheat grass and reported she heard Spotted Towhees, Goldfinches and Chorus frogs. She suggested if something is built on the site, it might make sense to put it atop any remaining underground stadium structure. Before contributing to the discussion, Member Lopez explained she is a member of the Planning Action to Transform Hughes Sustainably (PATHS) group and contributed to creating the ballot initiative to acquire the site. She stated the importance of the legislative intent of the ballot measure. The provision of a wildlife center was an intangible presented to the public as one of the uses of the property and she cited the language in the ballot for “wildlife rescue and rehabilitation.” Member Lopez voiced concern the property is being described as contaminated and cautioned against that label as a false talking point. She also mentioned that CSU reported a Phase II Environmental Site Assessment did not indicate groundwater contamination. Member Kley described the property as roughly quadrants: the stormwater retention and disc golf course; the southwest corner where most of the trees are located; the northern half with the stadium structure site; and the mowed areas to the east. It’s logical to consider converting the northwest back corner to a natural area because of its proximity to Maxwell Natural Area. He recognized it is also the most disturbed portion of the site. Member Kley stated one of the challenges will be figuring out how best to partition the property. Member Piesman wondered if it made sense to establish native vegetation atop the existing debris; create a shortgrass prairie. Land Conservation & Stewardship Board Regular Meeting 6 /14 /2023 MINUTES Page 3 Member Elson expressed her concern about the potential for a mountain bike skills park, with its accompanying lights and vehicle parking. Member Lopez stated that was just one of the components. It has also been proposed to create intersecting trails that would traverse the property. Member Culver asked, given the ballot language, how bike advocates can have a seat at the table. Several members replied that because the ballot included “recreation” as a use, the definition is open to interpretation. Member Lopez reiterated the intent was to maintain the site as much as it exists today, with some low-impact recreation and maybe a wildlife center. Member Elson stated there seems to be two components for consideration by the LCSB: providing a buffer for and protecting the existing natural areas, and to identify how much of the site to incorporate into natural areas. Member Lopez added a third component is the collective value of the LCSB regarding restoration of disturbed lands. Member Piesman recounted his wildlife observations at and near the site, including a bobcat, moose, golden eagles, and bald eagles. He expressed the parcel is a rich wildlife habitat and asserted there is no doubt about the value of incorporating part of the property into Maxwell Natural Area. He asked if the Board wants to weigh in on the use of entire property. This led to a brief discussion of the historic use (sledding and disc golf) and the potential for maintenance costs to the City for some of the proposed uses. Chair Cunniff described the portion of Spring Canyon Park as intentionally designed (including boulders, hills, and native vegetation) to be more compatible with the adjacent Pineridge Natural Area example of a possible buffer. Member Piesman stated the memo to Council should highlight the advantages of incorporating the western 1/4-1/3 of the site into Maxwell Natural Area and emphasize the importance of any adjacent activities to be low impact; a mountain bike venue would be incongruous. Member Kley pointed out the unintended impact of a connector bike trail and that it should be carefully considered. Member Lopez reported the staff of the Northern Colorado Wildlife Center and the Rocky Mountain Raptor Program stated high intensity recreation use would not be compatible with their work. Member Culver explained it would be important to include these details in the memo to inform Council about things they might otherwise not be aware of. Member Piesman proposed that some members of the Board volunteer to start writing a draft memo which would include the items discussed. The draft would be shared with the LCSB in the July packet to be finalized during the regular meeting. Members Piesman and Lopez, and Chair Cunniff agreed to draft a memo on behalf of the LCSB regarding future use at the former Hughes Stadium site. 7. BOARD UPDATES Bicycle Advisory Committee No update due to Member Mason’s absence. Land Conservation & Stewardship Board Regular Meeting 6 /14 /2023 MINUTES Page 4 Member Lopez inquired if Kirk Longstein was going to present to the LCSB on the Draft Oil and Gas Regulations reverse setbacks. 8. DEPARTMENT UPDATES Katie Donahue Land Conservation Natural Areas staff will present the quarterly Land Conservation update during next month’s regular meeting. Katie Donahue noted the small 8-acre addition to Crossline Canyon has closed and staff will be closing on a parcel within the city limits later this week. Master Plan update NAD Planning staff is moving into the cycle of revising the existing NAD Master Plan, including no longer using the term “master” due to its negative connotations. Staff is proposing a new title and subtitle and would appreciate LCSB member’s feedback via an online poll. Staff will send the link to Board members in the next week. Easements Katie Donahue informed the LCSB of three easement requests that will be coming before the Board in the near future. Katie Donahue emphasized Tawnya Ernst is working to minimize easement requests with a thorough vetting process which includes requiring applicants to provide viable alternatives. Chair Cunniff stated applicants can go directly to Council for approval rather than having City staff make a request to advisory boards for a recommendation. Heaven’s Door Katie Donahue and Julia Feder reminded the Board about the Heaven’s Door Ranch tour with Larimer County Department of Natural Resources on June 26, 2023. Staff will send a follow up email with the meeting time and location for carpooling. 9. ADJOURNMENT Meeting was adjourned at 7:21 p.m. Ross Cunniff, Chair Date Date: July 12, 2023 To: Mayor and Councilmembers From: Land Conservation and Stewardship Board Subject: Hughes Stadium site The Land Conservation and Stewardship Board visited the Hughes Stadium site on June 14, 2023. Much of the parcel is suitable for inclusion in the City of Fort Collins Natural Area program, especially the western portions. This parcel has an abundance of high-value plants, riparian vegetation, insects, and wildlife that play a vital role in balancing the local ecosystem. Mature trees are present. Numerous songbirds were observed. Vocalizing Chorus frogs were present, and appear every spring and summer in a marshy area on the western aspect of Hughes near Maxwell Natural Area. Board members exchanged observations of numerous raptors being observed in the area, including Golden Eagles, Bald Eagles, Osprey, and numerous hawk species. Charismatic megafauna has also been observed including Bobcats, Mule Deer, Elk, and Moose. Blue Herons (a waterbird) have been observed perching along a riparian strip that occurs running west to east on the parcel. The proximity of the Hughes Stadium site to the Maxwell Natural Area, in addition to its naturally-improving ecological condition, inherently facilitates integration of much of this land into the Natural Areas program. All these factors combine to make inclusion of a large portion of the Hughes Stadium site into the Natural Areas program a welcome addition. It should be noted that while the Board strongly supports the conservation and stewardship values of restoration and rehabilitation, it was agreed that there is no special urgency to complete this rehabilitation and restoration work in a short or accelerated time frame. In fact, much restoration of any land turned over to conservation can be accomplished simply by waiting long enough and letting nature take its course. If cost effectiveness of restoration is determined to be a consideration for inclusion of Hughes in the Natural Areas Program, the Board supports allowing undisturbed natural restoration to take its due course over a long period of time with the ultimate objective of inclusion of Hughes into the Natural Areas Program. Regardless of how much additional land is included as a fully conserved and restored Natural Area, the Board has concerns about the compatibility of various proposed uses for the remainder of the parcel. Many of the proposed sports-venue-like uses, with high traffic and intensive human-focused infrastructure, are highly likely to harm wildlife in the adjoining Maxwell and nearby Pineridge Natural Areas. The ecological integrity of the sensitive Foothills to Plains ecotone and its vulnerable insects, birds, amphibians, reptiles, and small and large mammals are likely to be negatively impacted with high-intensity uses. The Board recommends that any 7/12/2023 Page 2 uses on the non-conserved parts of the parcel be restricted to low-intensity passive uses and wildlife rehabilitation, as intended by the citizen-driven, conservation-focused ballot initiative of April 2021. The protection of sensitive Natural Areas biodiversity and wildlife habitat from any potentially harmful impacts, including but not limited to impacts associated with intense or incompatible recreation, is among the utmost of the concerns and priorities of our Board members. Lastly, but importantly, the inclusion of a large portion of the Hughes Stadium site into the Natural Areas Portfolio is wholly congruent with the key initiatives and conservation values of the LCSB, as developed and codified during our April 2023 Board Member retreat (see attachment): 2023 LCSB Values and Initiatives ● To Outreach and Advocate for the Value of Natural Areas ● To Increase and Promote Land Conservation ● To Protect Existing Natural Area Assets ● To Rehabilitate and Restore Land, the Poudre River, and Other Natural Resources ● To Increase and Promote Wildlife Habitat Corridors and Connectivity ● To Promote Funding for Acquisitions and Operations & Maintenance Therefore, the LCSB recommends: ● A large portion of the former Hughes parcel should be conserved as a Fort Collins Natural Area. ● Restoration costs should not be a determining factor in conservation decisions regarding the Hughes parcel. ● Any uses on the non-conserved portion of the Hughes parcel must be low-intensity and compatible with both the character of the adjoining conserved Natural Areas as well as the legislative intent of the April 2021 ballot initiative. 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 1745 Hoffman Mill Road PO Box 580, Fort Collins, CO 80522-0580 TAWNYA ERNST / LAND CONSERVATION LEAD SPECIALIST NATURAL AREAS DEPARTMENT 970-416-2940 /P ternst@fcgov.com /E MEMORANDUM Date: July 12, 2023 To: Land Conservation and Stewardship Board Through: Katie Donahue, Natural Areas Director Julia Feder, Environmental Planning Manager From: Tawnya Ernst, Land Conservation Lead Specialist Alynn Karnes, Land Conservation Specialist Subject: INFORMATION ITEM: Notice of Alignment for Light and Power and Parks on the Coterie Natural Area BOTTOM LINE The purpose of this memo is to update the Land Conservation and Stewardship Board on plans to formalize Notices of Alignment with the City of Fort Collins ’ Light and Power and Parks Departments on the Coterie Natural Area for an existing underground powerline and paved trail, respectively. The powerline was installed on the property in the 1990s and the trail was constructed in 1995, both prior to transfer of the property to Natural Areas management in 2000. This Notice of Alignment is intended to clean up an oversight from 20+ years ago and to formally document the existence of the trail and powerline by recording a document with the Larimer County Clerk and Recorder. BACKGROUND The Coterie Natural Area was bought by the Natural Areas Department (NAD) in 2000 from the City of Fort Collins’ (City) Utilities Department (Attachment 1). At the time of purchase, there was an existing underground powerline installed by the City’s Light & Power (L&P) to service the community and a segment of the Spring Creek Trail that had already been constructed. The powerline runs parallel to the west boundary of the Coterie and the trail skirts a portion of its east and southern boundaries. An internal memo (dated May 9, 2000) between departments (Attachment 2) noted the utility line’s existence but for unknown reasons was never formally documented. No previous legal description was found for the trail segment. These oversights were discovered recently when L&P needed to perform maintenance work on the powerline. L&P discussed the work with representatives of NAD and went through the proper permitting process in order to complete the necessary work. NAD and Real Estate staff realized that the underground powerline had not been documented with the City or recorded with the County, as is standard practice when placing utility infrastructure. When City survey crews began fieldwork to confirm the legal description, they discovered the paved trail was also not documented. Subsequently, City survey crews have completed legal descriptions for both. (Attachment 3) A Notice of Alignment is used to document City utilities on City property that are located/constructed outside of designated right of way. In short, a Notice of Alignment is an internal version of an easement. Typically, when City Utilities request the ability to construct infrastructure on a Natural Area, they follow the same procedures outlined in Natural Areas Easement Policy. However, since the powerline and trail predate Natural Areas’ ownership, this process intends to acknowledge and recognize their existence. The Notices of Alignment will depict the locations and dimensions of the underground powerline and trail segment shown on the attached exhibit. The Notices of Alignment do not require City Council approval and will be finalized by City Manager approval and signature. City of Fort Collins FINANCIAL / ECONOMIC IMPACT Minimal fees will be incurred by NAD for recording the document with the County. Survey costs are to be split between the three departments. ENVIRONMENTAL IMPACT None. ATTACHMENTS 1. Coterie Vicinity and Aerial Maps 2. May 2000 memo 3. Legal descriptions/depictions of the trail and utility alignments CaƩail Chorus Natural Area Riverbend Ponds Natural Area Kingfisher Point Natural Area The Coterie Natural Area Schools Natural Areas The Coterie NA—Vicinity Map Paved Trail alignment Utility Alignment The Coterie NA—Aerial Map