HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 11/01/1995i
MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
REGULAR MEETING
281 CONFERENCE ROOM - 281 N. COLLEGE AVE.
NOVEMBER 1, 1995
For Reference: Phil Murphy, NRAB Chair
- 491-6303
Gina Janett, Council Liaison
- 493-4677
Tom Shoemaker, Staff Liaison
- 221-6263
Board Members Present
Bill Miller, Ed Secor, Craig McGee, Kelly Ohlson, Lisa Steffes, Phil Murphy, Phil Friedman and
Katy Mason (arrived after Announcements)
Board Members Absent
None
Staff Present
Tom Shoemaker, Sally Maggart, Rich Shannon, Utilities Director, and Tom Vosburg, CPES
Policy Analyst
The meeting was called to order at 7:03 p.m.
Guests
Gina Janett, Councilmember (arrived during Extension of Interim Phasing Criteria)
Review and Approval of Minutes
Bill Miller asked Tom Shoemaker about the lost sharing of the Ranger/Naturalist position that had
been discussed in the Budget Followup portion of the last meeting. Shoemaker responded that
the proposal is for the Police and Parks Departments to share the funding with the Natural
Resources Department. Miller also asked for the rationale behind the Water Treatment Plant 1
funding. Shoemaker said that will be discussed later in the meeting.
With the following changes, the minutes of the October 4, 1995 meeting were approved as read:
Ed Secor noted that Jon McHugh, Energy Service Engineer at Light & Power, was
not listed under "Staff'.
Agenda Review
Because of the snow storm, it was suggested that the board deal with action items only.
Shoemaker noted that the acquisition of the Pickle Plant site is on the 11/25 council agenda, the
Interim Phasing Criteria is critical and the Registry Ridge goes to the Planning and Zoning Board
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November 1, 1995
Page 2
this month. It was decided to postpone the agenda items, Billboards on Arapahoe Ridge Natural
Area and the Great Outdoors Colorado Legacy Grants.
Ed Secor requested updates on Water Treatment Plant 1, Don Tidd's resignation and composting.
Announcements
Tom invited all board members to a reception before the November 7 City Council meeting for
the recipients of the environmental action awards. Copies of the memo for support of the revised
energy code and a recycling news release were distributed. Friedman noted an article proposing
that the State Land Board be given the constitutional responsibility for the protection of wildlife
habitats. He will fax the article to anyone interested.
Proposed Acquisition of the "Pickle Plant" Site along the Poudre River, Rich Shannon,
Utilities Director
Rich Shannon, Utilities Director, referred to the Draft Agenda Item Summary located in the board
packet. He noted that the Water Board and the Parks and Recreation Board have endorsed the
acquisition of the Pickle Plant Site, and he is seeking an endorsement from the Natural Resources
Advisory Board. Phil Friedman asked why the other maps were included with the summary.
Shannon explained that the maps of other facilities show that buffers are provided around the
wastewater plants.
Craig McGee said that it appeared that none of the funding is from the Natural Areas Sales Tax.
Shannon said that was correct; the cost will be split three ways: $110,000 from the Wastewater
Utility, $110,000 from the Conservation Trust Fund (Parks Department) and $70,000 from the
prepayment of a five-year lease from Larrabee's furniture store.
Shannon said that this site could become a major eyesore; there has been recent interest in it from
developers looking at multi -family or marginal commercial use. He added that the site is adjacent
to the city -owned Udall area and is a reasonable investment that is not incompatible with the area.
Bill Miller asked what happens in five years after the Larrabee's lease ends. Shannon answered
that at that point the Parks and Recreation Department or the Natural Resources Department will
need to decide whether to remove the building.
Miller asked if the property could be accessed from the wastewater plant. Shannon responded that
it could.
Ed Secor asked if there was a potential for leasing this as a developed site in the future. Shannon
responded that the acquisition would not preclude that, once the City has a better vision of what
would be compatible with the river plan. He added that the City is buying the land now to
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November 1, 1995
Page 3
preserve the open space and this could come back to the board in five years for natural areas
funding assistance.
Kelly Ohlson asked who owns the property. Shannon said it was purchased three years ago by
Dean Foods in Green Bay, Wisconsin. Ohlson asked about the rationale for the five-year
Larrabee's lease. Shannon answered that it represents $70,000 towards the purchase price of the
property. He said that Larrabee's is currently using the building and they will take responsibility
for a new roof. Shannon said that the $110,000 purchase price was a stretch for the Water Board
to approve, but with the private sector funding, it made a good match.
Ohlson asked why the Natural Areas funds aren't being used to purchase this area. Shoemaker
said that if the Board recommended using the funds, he would recommend it to Council. He said
that staff did not recommend use of Natural Areas funds because the price is high and the area is
not natural. Shoemaker added that if site restoration is proposed, he would recommend significant
contribution from the Natural Area funds.
Ohlson asked if it was clear to Larrabee's that there is no commitment beyond the five year lease.
Shannon said that they have been told that at the end of five years the plan is to remove the
building, but they could ask Council for an extension. Ohlson suggested building in language to
make it clear to future Councils that the City plans to level the building at the end of five years.
He added that if the City then decides to continue the lease, it would not be because promises have
been made.
Shannon noted that the lease with Larrabee's makes it clear they gain no future rights with the
improvements and they have to obtain their own insurance. He asked if the board would like the
intent made clearer in the Council Agenda Item Summary. The board members supported that
suggestion. Friedman suggested a clear wording on the lease and a paper trail to let future
Councils know the intent.
Shannon agreed to put the wording in the resolution to help the audit trail. He added that the
intent is to convert the site to open space and the lease most likely won't be renewed. Shannon
noted that the City will have the right to begin cleanup on the rest of the land and start
revegetation as determined by the Parks Department and the Natural Resources Department.
Shoemaker said that he and Greg Byrne, CPES Director, have been actively involved in the
discussions and are supportive of the purchase. He added that they weighed the spending of
Natural Areas funds but were more comfortable with this proposal. Ohlson asked if staff thought
the minutes were sufficient documentation of the board's concerns. Shoemaker suggested a short
memo in addition to the minutes.
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November 1, 1995
Page 4
Craig McGee made a motion to endorse the purchase of the Pickle Plant Site contingent upon
adding a "whereas" clause in the recommendation to Council that clarifies the intention of the City
to remove the building after a five year period, with no intent to renew the lease after that period.
Kelly Ohlson seconded the motion. Ed Secor suggested an amendment to add that the long-term
goal of use is as part of the open space system. McGee accepted this as a friendly amendment.
The motion passed unanimously (8-0). Staff will assist in writing a letter to Council for the
Chair's signature.
The Board thanked Shannon for his presentation.
Extension and Revision of Interim Phasing Criteria, Tom Vosburg, CPES Policy Analyst
At this point, board members noted that they had not received Tom Vosburg's memo in their
packets. In order to make time to copy the memo and give members a chance to read it, the board
discussed Other Business.
Shoemaker noted that Don Tidd will send his letter of resignation to the City Clerk's office by the
end of the week.
Shoemaker said that Council discussed the amount of funding for Water Treatment Plant 1 during
the first reading of the budget. He reported that Council will be setting aside $350,000 in a
"community opportunity fund" for this project and other projects that have some uncertainties
about the dollar amount. Shoemaker said that this will allow Council to fund matching grants in
the amount needed. Miller noted that the amount required to qualify for ISTEA funding is
$20,000, but there will also be participation from the Division of Wildlife, State Parks and
Larimer County Parks.
Extension and Revision of Interim Phasing Criteria, Tom Vosburg, CPES Policy Analyst
Shoemaker explained that this is an initiative from the staff Growth Management Lead Team and
Tom Vosburg, CPES Policy Analyst, is the Project Manager.
Vosburg explained to the board that the phasing criteria, adopted in July 1994, are amendments
to the LDGS that encourage more compact development and discourage leapfrogging. He
explained that they were adopted as an interim policy measure, with the intent that staff would
develop more comprehensive phasing strategies through the development of a Capital
Improvement Plan. Vosburg added that the deadline date of December 31, 1995 needs to be
extended in order to complete work on the Capital Improvement Plan and this seemed the
appropriate time to make the changes and respond to the two major issues:
1. The application of offsite open space bonus points in the LDGS point chart where the
language is unclear.
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November 1, 1995
Page 5
The need for a mechanism to insure that some minimum number of base points are earned.
Vosburg noted that a minimum of 60 points is needed for approval on the residential LDGS point
chart. He said that the base criteria are locational and the bonus criteria are based on community
values, open space, energy conservation, etc.
Vosburg said he is seeking feedback from the board on specific alternatives to present to the
Growth Management Committee at their November 6 meeting. He noted that the current point
chart language is unclear on how specific parcels would be evaluated, but the Natural Areas Policy
Plan (NAPP) is being considered for evaluating criteria of specific parcels.
Shoemaker explained the additional code items that are proposed for the clarification of offsite
open space bonus criterion.
Offsite dedications have to be offsite; there is no bonus for something already within the
proposed development.
2. Sites should have already been identified as acquisition priorities under the City's Natural
Areas program and endorsed by the Natural Resources Advisory Board and the Parks and
Recreation Board.
Other potential sites will not be excluded; these will be reviewed by the Natural Resources
Advisory Board and the Parks and Recreation Board prior to presentation to the Planning
and Zoning Board.
4. The dedication should enhance the community efforts; points should not be given for
something not developable.
5. The site must be viable from a public use and management perspective.
6. There must be an ownership interest in the property.
7. Acquisition costs, surveys, audits, etc. must be the responsibility of the applicant.
Vosburg said that he is seeking the board's recommendation on the two alternatives outlined in
the packet memo. He said that Option 1 would require a minimum of 30 points to be earned from
the base criterion and Option 2 would require a minimum of 40 points, with additional points
gained through the inclusion of affordable housing. In comparing the alternatives, Vosburg said
that previous PUD's were analyzed and rescored based on the proposed point charts. He said that
Option 1 would not have impacted any of the past submittals and Option 2 would have affected
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November 1, 1995
Page 6
two PUD's, but they could have passed if they had included ten percent of the development as
affordable housing. Vosburg noted that the difference in the alternatives is that the 40 points
option would strengthen affordable housing.
Ohlson said he favored the second option, but affordable housing is going to have to be defined
and enforceable. McGee said he would like to see a formula on the awarding of points for offsite
open space. Shoemaker said that the number of points is equal to the proposed acreage divided
by the offsite donation. Vosburg explained that the development of a 100-acre site, with the
donation of 100 acres offsite, could get 100 points.
Secor asked when these changes would take effect. Vosburg said that it would be ten days after
Council adoption. He noted that the first reading is on December 5 and the second reading is on
December 19. Vosburg added that the existing proposals would be reviewed by the code in effect
at the time of their submittal.
Ohlson and Secor agreed that the affordable housing enforcement must be written into the
ordinance. Vosburg said he is not sure what specific enforcement mechanisms can be promised,
but he will evaluate the issue and take the recommendations to the Growth Management
Committee. Shoemaker suggested defining affordability and making sure the points are applied
to a specific phase of development rather than the overall development plan. Ohlson said the
burden should be on the developer to submit the necessary documentation and allow for a third
party review.
McGee made the motion to endorse Option 2 with the condition of having a third party review
reporting to the City, not the developer, and having the bonus points tied to a phase of
development rather than the overall development plan. Ed Secor seconded the motion.
Councilmember Janett noted that a strong guarantee of affordable housing enforcement may be
difficult. She suggested recommending Option 2 as long as there is strong enforceability attached;
if not, have Option 1 as the backup. Craig McGee accepted that as a friendly amendment to the
motion.
There being no further discussion, the Chair called for a vote and the motion passed unanimously
(8-0).
The board thanked Vosburg for his presentation.
Natural Area Dedication/Purchase Proposal for the Proposed Registry Ridge P.U.D., Tom
Shoemaker, Natural Resources Director
Shoemaker said that this is a 200 acre parcel located east of Shields and south of Trilby. He
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November 1, 1995
Page 7
explained that board members visited the site in May 1994 and rated it as moderate priority in the
Natural Areas Policy Plan. He added that at that time there was an opportunity to buy the entire
site at $4,000 an acre but the board did not approve the purchase. Miller noted that the 1/4 cent
sales tax had not been in effect long enough in 1994 and the Parks and Recreation Board and the
Natural Resources Advisory Board chose to fund higher priority areas with the funds available.
Shoemaker explained that the owners are proposing an overall development plan that will be heard
by the Planning and Zoning Board this month. He added that they have proposed dedication of
71 offsite acres, including the bluff, to obtain bonus points.
Shoemaker explained the breakdown of the four areas in the parcel:
Area 1: 71 acres dedicated by the owner for 30 bonus points under the LDGS
Area 2: 32 acres dedicated by the owner for no points
Area 3: 47.06 acres offered by the owner at $4,500 an acre, for a total of $211,700
Area 4: 50.06 acres approved for manufactured housing and offered to the City at $10,000
an acre, with a one-year option
Secor asked for a description of the project. Shoemaker said it is mixed residential (650 units on
244 acres) with a school, neighborhood park and some commercial. He added that the area is
within the existing city limits.
Shoemaker noted that the McKee Charitable Trust land (960 acres) located to the south of Registry
Ridge is still fairly controversial. He explained that this site extends from the Fort Collins urban
growth area to the Loveland urban growth area; the proposal is to cluster the development at the
Fort Collins end and put conservation easements on the remaining land as permanent open space.
Shoemaker said that the City of Fort Collins opposed the plan, but the County Commissioners
approved it 2-1.
Friedman asked about the feasibility of buying Area 4 and working with the owners to find
another parcel more appropriate for affordable housing. He felt that this could be a major urban
area in the future and although Area 4 might be useless in terms of a natural area, it is open space
and might work for the prairie dogs and raptors.
Shoemaker said that staff is recommending taking the option on Area 4 rather than buying it now;
this would allow the opportunity to explore the affordable housing issue. Murphy asked what
would happen to the Registry Ridge development if the area is not purchased. Shoemaker
explained that it would still have to go to the Planning and Zoning Board for a decision; they
could go ahead with the development if the Natural Resources Advisory Board is not interested
in it as a natural area.
Natural Resources Advisory Board Meeting
November 1, 1995
Page 8
Steffes asked how many units of manufactured housing are involved. Shoemaker said that there
would be five to an acre.
Ohlson said that if the area is worth buying, the City should get an option on the land, be in a
position to sell it for affordable housing and have the investment returned to the natural areas
fund. Janett asked if there is a policy limiting the density of housing next to a natural area.
Shoemaker answered that there is not a policy, but fewer houses mean fewer people. He added
that a better choice might be to leave a buffer between the development and the open space.
In conclusion, Shoemaker noted that this land is identified in two existing plans (the Natural Areas
Policy Plan and The Plan for the Region Between Fort Collins and Loveland), the developer has
complied with the request for an additional viable piece of property and it has been offered at a
reasonable price. Miller noted that the area will probably be developed in ten years.
Bill Miller made the motion to pursue the acquisition of Areas 1, 2 and 3 as proposed by the
Registry Ridge P.U.D. and to take the option on Area 4. Ed Secor seconded the motion and it
passed unanimously (8-0).
Billboards on Arapahoe Ridge Natural Area, Tom Shoemaker, Natural Resources Director
Postponed to the December meeting.
Great Outdoors Colorado Legacy Grants, Tom Shoemaker, Natural Resources Director
Shoemaker noted that the deadline is December 1. He asked the board for thoughts on the
proposal submission. Friedman suggested meeting Friday morning at the Bluebird Cafe at 7:00
a.m. for a brainstorming session. Shoemaker said a public notice will be posted.
Other Business
Mason said she would like to schedule a Growth Management Committee meeting.
Secor announced that the composting task force will meet again on November 16.
Adjournment
The meeting adjourned at 9:45 p.m.