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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 06/01/1994• • 1);: F r MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 281 CONFERENCE ROOM - 281 N. COLLEGE AVE. JUNE 1, 1994 For Reference: Bill Miller, NRAB Chair - 493-7693 Chris Kneeland, Council liaison - 221-2950 Tom Shoemaker, Staff liaison - 221-6263 Boardmembers Present Bill Miller, Craig McGee, Don Tidd, Katy Mason, Phil Murphy, Phil Friedman, Tim Johnson, Hal Swope, Lisa Howard Staff Present Tom Shoemaker, Karen Manci, Rob Wilkinson, Dennis Sumner Guests Present Jerry Craig (CDOW), Jay Hopper (PRPA), Ann Yang, Mark Schultheiss, Bob Kulovany The meeting was preceded by a field trip to visit the Cathy Fromme Prairie and adjacent lands. During the field trip, Shoemaker outlined for the Board the boundaries of the Fromme Prairie, and the status of development proposals in the vicinity. The formal Board meeting was called to order at 7:05 pm. Ag=yal of Minutes It was moved by Hal Swope and seconded by Craig McGee to accept the minutes of the May 4, 1994, NRAB meeting. Corrections were made to the minutes on pages 4, 11 and 15 and the corrected minutes were approved unanimously. n Tom Shoemaker stated that the reason that this item was on their agenda was to (1) obtain preliminary thoughts from the Board regarding the potential for additional land acquisition around the Cathy Fromme Prairie, and (2) in response to requests from citizens to address the Board regarding development issues in the vicinity. He noted that background information had been provided in the packet and in the field. He wanted the Board to hear recommendations from Jerry Craig, State Raptor Biologist for the Colorado Division of Wildlife, to ask questions, and to provide recommendations to staff. Shoemaker noted that he was seeking board input at this time because the situation is delicate in that development proposals are proceeding in the area, the City has already spent a lot of money in the area and there are important issues regarding impacts on birds of prey, based on some new a)i4FT Natural Resources Advisory Board Meeting May 4, 1994 Page 2 information. Jerry Craig of the Colorado Division of Wildlife gave an overview concerning the bald eagle night roost recently discovered on the Robbins property, south of the proposed Fossil Creek Estates development site. Jerry noted that the eagle roost came as a surprise because they typically roost in more remote areas. He reported that the number of bald eagles is up nationally and 1,250 were in Colorado last winter, with 21 nesting pairs. With time and expansion of the bald eagle population, the City could probably expect to get a nesting pair within the next 5-10 years. Jerry said that a 1/4 mile minimum buffer is generally recommended around eagle night roost sites, but that in this case a 1,200 foot minimum buffer was probably adequate since the birds are already roosting within that distance of existing development. He felt that a 1,200 foot distance would probably ensure the continued use of the site as a night roost. He said that relocating the night roost also would probably not cause the bald eagles to abandon the area. McGee asked if eagles are affected by the physical barrier of housing. Craig said that they usually fly over housing development and noted that eagles seem to be getting more adapted to urban development, noting that they are using day perch sites in the middle of the Ridge development. He noted that the road for the Fossil Creek project may affect use of the hillside in the southeast part of the Fromme Prairie and noted that it would be nice to have the Phase I area as an observation area, with seasonal closure near the roost from mid - November until mid -March. He noted that information is sketchy as to whether this is a long-term use, and said the roost site could be abandoned, even if no development occurs. Craig said that his first preferred recommendation was for Phase I not to develop and be used as an observation site, and his second preferred recommendation is for Phase I to develop, but not Phases II and III. Criag responded to a question about density of housing by saying that the density of development probably did not matter, but that development should be oriented away from the roost site. In response to a question, Craig explained that there is a difference between a night roost site and a day perch. He said that eagles seem to be much more selective of night roost sites and more sensitive to disturbances at these sites. Tom Shoemaker remarked that when the City purchased the Cathy Fromme Prairie, they tried to acquire as much of the prairie dog colony as they could and that the priority site for further acquisition was the property north of the Hahn property to Harmony road. The half section east of the landfill is an important feeding area, also. In response to a question from Shoemaker regarding relative priority, Jerry Craig said 2 Natural Resources Advisory Board Meeting May 4, 1994 Page 3 that the loss of the night roost next to Fossil Creek Estates PUD would not mean the loss of eagle and hawk feeding areas on the Fromme Prairie, but the loss of the N. Hahn property and half section east of the landfill as a feeding area could greatly diminish eagle and hawk use in this area. In Jerry's opinion, the N. Hahn property is the most important to acquire, followed by the half section east of the landfill, and last the Fossil Creek Estates PUD (all phases). Miller said the situation presents a dilemma with the conflict between development and the natural system and the tradeoffs among various parts of the City. Johnson asked Shoemaker if staff was talking to landowners. Shoemaker said that staff was, but in a preliminary way. Staff is looking for feedback from the Board because the asking price for all of this land would be in the $4 million range, which is 1/3 of the Natural Area's acquisition budget. Katy Mason asked if it was possible to delay Phases II and III in order to study the roost site for another winter. Tom Shoemaker responded that, in that case, staff should recommend denial at this time. He noted that development of Phases II and III could be problematic because the County recently denied the Seven Springs PUD and Phases II and III would have connected to an access road in that development. Ann Yang commented that if Phase II and III are being considered for delay, then Phase I should be considered for denial now, also. Tom Shoemaker noted that because a federal permit is required for the project (Section 404 Permit under the Clean Water Act), a review by the U.S. Fish and Wildlife Service will be required. He noted that the time frame for this review is unknown but could be as long as six months. McGee asked if the developer had purchased the land. Shoemaker said yes, and noted that the purchase price was $8,000. He noted that the developer has said he does not want to sell the land, but if he considered it the price would need to be in the range of $27,000 to $32,000 per acre. Katy Mason called for staff recommendations, to which Rob Wilkinson replied that there was not a firm cause for denial of Phase I, given the CDOW and consultant report. Tom Shoemaker replied that the City has responsibility to grant an easement for the proposed road so that it would lineup with Fossil Creek Drive. He noted that there is an existing easement to expand Shields Street onto the Cathy Fromme Prairie. Mason commented that the road is the most disturbing part of the development and Friedman noted that there is a oR4F7. Natural Resources Advisory Board Meeting May 4, 1994 Page 4 difference between the City expanding Shields for the community and granting an easement for the benefit of one developer. Hal Swope asked if the developer would continue Phase I if Phase II and III were denied, to which Tom Shoemaker replied that the developer has said he would. Some of these issues are coming up really late in his planning process. Miller commented that there was a fairness question here and that we shouldn't pull the rug out from under developers after they've invested their money. There is no guarantee that the eagles will be displaced. Tim Johnson suggested that the City should receive the two lots bordering the Fromme Prairie in exchange for the easement and said this should be a requirement for City approval on Phase I. Wilkinson said that this couldn't be made a condition of approval unless we showed that the lots were adversely impacting the natural area. The question is a separate issue of compensation for the easement, or acquisition of part of the property. Shoemaker noted that he wanted to explore that option further with the developer in discussion of compensation for the easements. Bob Kulovany handed out data on raptors using the night roost and urged the Board not to allow development of the Fossil Creek Estates PUD. He said he felt the City was frittering away the Fromme Prairie if the development goes in. He said that if Phase I goes in, then Phases II and II will also and we'll lose eagle use, and asked what is the point of the natural area if we don't preserve eagle use. He also observed that, with more people living adjacent to the Fromme Natural Area, there would be increased pressure to eradicate prairie dogs. Don Tidd noted that he lives in a subdivision with prairie dogs all around and there is no pressure to eradicate them. Mark Schultheiss said that these issues should not be dealt with until a management plan is complete. Miller asked for the sense of the Board. Tidd said he felt people were out to get this development. Murphy said that we need to look at this from an ecosystem management perspective. Swope asked if the Board should recommend denial of the road easement. McGee said the City should work toward an equitable solution. Friedman said he felt the City should attempt to acquire all phases. Bill Miller asked when development was first proposed. Tom Shoemaker replied that Cl i Advisory Board Meeting Is Q%JZT a r to acquisition of the Fromme Prairie. Bill Miller suggested reimbursing the fer for land costs and costs acquired so far. Tom Shoemaker addefor 112 east of the landfill could wait, but N. Hahn will probably be proposed lopment within six months. Craig McGee stated that it is better to acquire land in larger eves. Mason said there are too many unknowns regarding the effect of the development and there shouldn't be pressure to accomodate the developer. Kulovaney said its important to Iet developer know if there are impediments to the development. Johnson moved that the Board recommend to Council and the Planning and Zoning Board that Phase I be denied until staff and the Board have had opportunities to gather further information on environmental impact and pursue options for purchase or trade of the property. Wilkinson said that he had a hard time recommending staff denial and wanted to make clear that the Board recommendation did not mean staff would recommend the same position. Shoemaker agreed and said that the Board should represent itself at the Planning and Zoning Board. Kulovany asked if it wasn't staff's role to be advocates and Wilkinson replied that there are several departments and perspectives used to form the staff opinion. Shoemaker said he would need to review the Natural Resources perspective with his staff and staff from other areas. Tidd asked what the time frame for the delay would be? Mason said she didn't know but a delay was needed. Miller stressed the City investment in the Fromme property. McGee asked if Planning and Zoning could require a delay. Shoemaker said that a recommendation for a long delay was equivalent to denial, and that its best to make recommendations based on the information at hand. Kulovany said he felt there were criteria in the LDGS that would not be met. Shoemaker said the applicable criterion is community wide criterion A-1.3. Johnson withdrew his motion. Friedmann moved that the Natural Resources Advisory Board recommend to Council and the Planning and Zoning Board to deny Phase I of the Fossil Creek Estates P.U.D. based on the potential environmental impacts of the project that would be contrary to Community Wide Criterion A-1.3 of the Land Development Guidance System and its proposed encroachment on the Cathy Fmmme Prairie. 5 Y Natural Resources Advisory Board Meeting May 4, 1994 Page 6 Tim Johnson seconded, and the motion passed with Craig McGee and Don Tidd opposed. Phil Friedman then proposed that the Natural Resources Advisory Board recommend that Natural Resources staff pursue negotiation for outright purchase or trade of Phase I, H, and III of the Fossil Creek Estates P.U.D. The concern of the Board is that the development of Phases I, II, and III would encroach on the Cathy Fromme Prairie. Tim Johnson seconded, and the motion passed unanimously with no further discussion. Dennis Sumner from Light and Power introduced Jay Hopper from PRPA and said that they were present to give the Board information on the Integrated Resources Planning process being used by PRPA to assess future power needs and options for meeting those needs. He noted that this is a long-term process, but there is an immediate issue that needs a decision this fall. He said there will be a public open house on the IRP on Monday June 13 from 6 p.m. until 9 p.m. at Boltz Junior High. Sumner summarized the concepts behind IRP, noting that it really is taking a more holistic, broad view at issues of power supply. In the past, utilities met demand; now, they are looking at other ways of meeting energy needs. He noted that this type of planning is a legal requirement of the National Energy Policy Act of 1992 and that City Council has adopted policies to direct the Light and Power Utility to use IRP approaches in its planning. He noted that the federal requirement is on PRPA and the Western Area Power Administration, as power suppliers. He said the City purchases power only from PRPA, along with Loveland, Longmont, and Estes Park. In the immediate future, the PRPA needs to deal with issues of supplying peaking supply in the future and the PRPA Board needs to make a decision on the best way of meeting that need. The PRPA is trying to use the IRP process to solve the need. Hopper provided an overview of the PRPA system, its supply sources, and how it functions. He said the concern over peak supply comes about due to changes in the supply available from WAPA, due to operational changes required at the Glen Canyon Dam. He said the operational changes are coming about because of concerns about the effects of the dam operations on the Grand Canyon, including issues related to erosion, archaeological resources, and threatened and endangered species. Hopper reviewed various options for meeting the shortfall in peaking power- 2 • Natural Resources Advisory Board Meeting May 4, 1994 Page 7 • O A Following the presentation there was extensive discussion of the program. Johnson asked if natural gas options were being looked at and Sumner stated that L&P is working with PSCo to develop options for providing natural gas service in areas where it doesn't exist currently. Tidd asked about the overall impact of the National Energy Act on utilities, and Hopper said he predicts we will see a dramatic decline in the number of electric utilities in the country. Craig McGee noted that the IRP is to develop the least cost process. There is no requirement to change how power is generated. There was further discussion on peak usages, DSM, and variable rates (i.e., one for summer, one for winter). One response was made that a resource peak is needed year round. The Board thanked Sumner and Hopper for the information on IRP. There was a reminder of the open house on June 13. There will be a tour of the Larimer County Recycling Center on Thursday, June 16, starting at 4:00 pm. AA jjournmga The meeting adjourned at 10:26 pm. 7