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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 03/02/1994MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 281 CONFERENCE ROOM - 281 N. COLLEGE MARCH 21 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, Hal Swope, Lisa Howard, Tim Johnson, Katy Mason, Phil Friedman Staff Present Tom Shoemaker, Julie Bothwell, Greg Byrne, Brian Woodruff, Kellan Duncan Guest Present Diana Sherman, CSU student, Will Smith, Councilmember Approval of Minutes It was moved and seconded that the minutes of the February 2, 1994 NRAB meeting be approved with the following change: Page 5, paragraph two, second sentence should read, "He said we should recommend specific sites for potential development e.g., the Power Plant vicinity, areas around the Aztlan Center and the old pickle factory. We should consider acquiring land off east Lincoln Street to provide access to the river." Goodbye Will Since Will Smith was appointed to Council he had to resign from the Board. He wanted to let the Board know why he opposed an amendment presented by Councilmember Horak regarding zoning at Fossil Creek Estates. He felt the amendment was mixing two issues, wildlife value, and neighborhood compatibility. He stated that he felt a need to be clear and separate the two issues. Miller thanked Smith for his time served. Growth Management Issues A report of the short-term items that the Growth Management Committee has been working on were included in the Board's packet. Byrne was present to discuss the short-term items. Shoemaker noted that the Board had expressed concern about not reviewing the work being produced in the Growth Management arena. He stated that when these concerns were raised with the Council Growth Management Committee, Council suggested going to the Boards and Commissions to hear their comments and concerns on these short-term items. Byrne stated that the Growth Management Committee is concerned with getting the goals up front so the Boards and Commission know where they are 11 headed. The Committee also wants to let them know that the short term items are not created in a vacuum but are occurring in a context of the Committee looking at a larger picture and saying that, "we have some short term items and need to move fast." Density/Infill/Phasing The Committee decided to group the following items into a single set of amendments to the LDGS point charts: 1) Raising the minimum densities of residential development, 2) Stimulating infill inside core area neighborhoods where parcels have been passed over, and 3) phasing development according to some kind of logical progression. Characteristically the notion of phasing is to extend services over a period of time, usually through utility extensions; the problem that the Committee found as they analyzed the Fort Collins experience is that the does not control the utility services. Normally a community will base its services on extension of water, sewer, and schools. These key urban services, in the south part of town are controlled by separate special districts. The Committee is recommending raising the minimum density. This would require a developer to get more points under the point system and then to award those points for things that you want to stimulate and not award points for things that you want to discourage. Byrne stated that with the current the point charts, developers have to get 30-40 points to do 3 dwelling units per acre, 40-50 points to do 4 dwelling units, and 50-60 points to do 5 dwelling units. The whole idea was built around the notion that developers wanted more density. To get that density developers have to achieve points by doing good things i.e., building by a developed neighborhood park. If an applicant gets points then they receive more units. Byrne stated that now it is the opposite, people want low density and are not trying to achieve points. So the Committee decided raising the minimum density to 5 dwelling units per acre, would require them to achieve a minimum of 50 points. Friedman asked if the 5 dwelling units per acre and the associated 50/60 points arrived at was arbitrary. Byrne answered yes, it was seen as a short term item. Staff knows that the current direction is wrong - the trend has been toward lower density during the past few years, so the recommendation is to reverse the direction; going from 3 to 5 units per acre does that. Miller asked if the higher density will promote more affordable housing? Byrne answered "hopefully." Johnson recommended setting fees on a per area basis so that the fees are paid up front and areas that are coming in at low densities will have a surcharge for the low density development. Swope asked if it would be feasible to give points for providing open space? Shoemaker stated that one of the guidelines of calculating the density of a project is that "Properties which have been previously dedicated to the City or purchased by the City are excluded." He is still lobbying for something that would allow exclusion of areas that are protected through a conservation easement, but would not be owned by the city. 2 Shoemaker stated • at as he looks..at;natura •rea acquisitions for natural area protection, the best case for the tax payers is dedicated natural areas: protected natural area under adequate private management. Mason recommended a higher target. Annexation Byrne stated that at one time it was thought that staff would not annex land until it was appropriate for development and then would phase the utilities in to that land. What was found is that the City does not control the utilities so this approach to phasing did not make sense. If the City did not annex lands when asked, then people would go to the County and submit development applications and the City lost control. So when the Committee reevaluated annexation, they thought should be more permissive in the annexation policies, but stiffen up the development review policies to exercise more control such that urban level development is not occurring in the County jurisdiction. Byrne said that the City cannot go out and actively annex property against the property owner's will, with the single exception of if the property is surrounded by City annexation and has been for three years then the City can initiate the annexation. UGA Agreement Byrne stated that there is an agreement between the City and Larimer County for the UGA. The proposed short-term items include a draft resolution that states City Policy, but would not have the effect of amending this agreement. The Committee is suggesting that the City go on record with the County as saying, "here are some things that are really important and we would like to open negotiation on the agreement." The points included are to make the UGA more fixed, rather than something that is flexible." The City Committee would like the UGA to be thought of as something that is meaningful and long term. There is a lot of land inside that is available for development and when development occurs will accommodate a tremendous amount of new population. If properly developed at right densities with the right capital improvements, it can be liveable. The Resolution also states that the City would like to open negotiations with some of the other utility providers to talk about how they are extending their utilities in the areas outside the UGA. Overall Development Plan City development plans filed by a developer have been amended over the years to lower the densities and eliminate a lot of mixed used housing in the development. The goal here is to tighten it up by saying, "If you file a development plan with the City then you mean it. We accept the plan, we approve the plan, and we expect the developer to develop it." It will be amended only if it meets certain criteria of maintaining the multi -family housing, the higher density areas, the commercial areas close to residential, trip distances, and other key items. Swope commented that if this is going to guide development of the city, we should know it is working before we use it as a guide. He would like an objective study done to find out if people are living, working, and shopping in the same vicinity. Mason asked how "Identify costs of growth and charge them equitably to 7 growth." is addressed. Byrne answered not directly. What the Committee was trying to do with the package of goal statements is to look at the broader picture. This is the direction we want to take and here are some short term items that we want to do at the present. The report will be presented to Boards and Commissions through March, and a focus group of various citizens will also be formed in March. Then the Committee will present it to Council on April 19 for adoption. Johnson feels that the goals are written in a fractured form and suggested writing them in a more coherent way, e.g. goals 1,4,5,6,7, 10 are transportation related. Goals 2,8, and 9 provide a balance of housing and liveability issues. Goal 3 is cost of growth. Johnson suggested postponing Board action on these items until the April meeting. The Board concurred. Licht i Power Prairie Dog Management Plan Kellan Duncan, Light and Power Utility, was present to discuss a Prairie Dog Management project on land owned by the utility at the corner .of Prospect and Timberline. Duncan stated that Light and Power has a small parcel of land east of Sutherlands at Timberline and Prospect that is inhabited by prairie dogs. Last summer, the landowners around the area tried to exterminate the area and several staff members of Light and Power met and decided to try and preserve a small colony of prairie dogs along the bike trail. Duncan stated that the proposal is to maintain a small pocket of prairie dogs and use some shrub and grass plantings to contain the colony and stop the spreading of prairie dogs onto surrounding areas. The Fort Collins Wildlife Coalition is also supportive of the program and will provide some voluntary manpower. He said that there is concern within Light and Power that this could be against City Charter if it is interpreted that the project does not benefit the utility ratepayers. Duncan is asking Natural Resources Division for funds for the project and help in trying to protect the land. Duncan stated that Steve Roy, City Attorney, is going to look at the proposal and will present it to Council to get their interpretation of the project. Karen Manci, Natural Resources, is also actively involved with the project. Duncan explained that it would be an educational opportunity since not a lot of things have been done with a small island prairie dog colony (approximately two acres would actually be the colony and then one and one half acres would be taken up in natural grass plantings). There will also be some things done to deter overgrazing and to construct barriers to contain and discourage movement of prairie dogs from the colony. Shoemaker stated that the Natural Resources Division was asked if it would like to purchase the land and responded that, "if the price was very low yes." There is a neat opportunity here, but from an overall conservation perspective it is not all that meaningful compared to other projects. The price is $40,000 an acre for the Utility to get all the value out of it. Shoemaker stated that he would not recommend that kind of money for.that kind of property; despite the opportunities for 4 Y • • interpretation and research. Kellan stated that for funding the project, they are talking about $6- 7,000 needed for plantings, barriers, and prairie dog management. Light and Power would like to sell the land for $150,000. The way the Charter reads is "Light and Power is prohibited from spending money that does not benefit its rate payers." Duncan stated that what was recommended to him was to sell the land to provide a cost -benefit, but he does not know how to put a cost -benefit on aesthetics and educational opportunity. Shoemaker stated that there are some arguments that can be made in terms of integration among City departments and matching funds from the natural areas tax and other types of things that can make it into an educational, interpretive, and research program that really meets well with City objectives. He stated that it is going to take some guidance from Council, but he questions whether the Charter actually requires that the rate payers' get top dollar. Shoemaker stated that he can probably get the plants donated. He commented that even without the natural areas funding, he feels that he could come up with the $6,000, but not $150,000 to buy the land. Duncan will prepare written material for the Board to review and will present it at the April meeting. Air Quality Policy Plan Brian Woodruff, Natural Resources Division, was present to discuss the Air Quality Action Plan which proposes air quality actions for the City of Fort Collins. The purpose of these actions is to implement the Air Quality Policy Plan that Council adopted in March 1993. Woodruff explained that the five priorities are vehicle technology, commerce and industry, wood burning, indoor air quality and other/county. Vehicle Technolocry The highest priority is the vehicle technology piece. Data collection required for motor vehicles is to gather information on vehicle miles of travel (VMT) and average tailpipe emissions which staff is already doing. The Vehicle Testing and Repair Program is a project to come up with a local recommendation for an emission testing and repair program that is tailored to our area. This is a high priority item because it has potential to substantially reduce motor vehicle emissions. In 1994, there are a couple of proposed projects involving the City's own operations: alternative fuels in the City fleet and the street sanding/sweeping program would commit to using best management practices. In 1995, the program would continue with the emission testing and would also add an emission sticker ordinance. Staff would also do the alternative fuels project, adding a voluntary program aimed at private fleets in 1995. Woodruff stated that in early 1996, Council will take a look at the Air Quality Plan again and decide what should be next. The Gasoline Vapor Recovery project would be a local ordinance requiring that vapor recovery equipment be used at gas stations. A project dealing with motor vehicle maintenance and also aimed at the emissions from small engines i.e,. snow blowers and lawn mowers would also be initiated in 1996. 61 Friedman asked if the gasoline vapor recovery is similar to the system in California. Woodruff answered that it is not. Stage one deals with the vapors that are released when a tanker truck empties into an underground storage tank. The vapors are displaced and can go out into the air so staff wants to control it at that point. Stage two is when a person fills up their tank and the vapors are displaced out into the air and they are controlling that in California and staff is not going to deal with that. It is going to be handled by the federal government. Johnson stated that it is good that the City is going to be looking after its own vehicles and feels that the City should publicized the change over to the different alterative fuels. Woodruff replied that the concept here is for the City to provide leadership. Johnson recommended that the City purchase a smaller number of vehicles and provide bicycles to various departments for inner city commuting. He suggested that if the City avoided purchase of one vehicle per year on an average, we could buy a lot of bicycles for commuting back and forth between buildings for City business. Mason asked if bike racks on City buses was possible. Woodruff answered that it is and that Transfort is looking in to that. That has been tried in many cities and some of the programs have worked and some have not. Staff is not sure yet if it would work here. Howard asked if the Emission Sticker Ordinance affected people that drive down from Wyoming to do their shopping. Woodruff answered that the state law says that one has to have an emission sticker if you live here, are a student here, work here, or are temporarily assigned here. That excludes people who only shop here. Commercial and Industrial Sources Woodruff stated that we need to become familiar with what actually is emitted into the air from these sources in Fort Collins. Staff will begin by accessing the State's Emission Inventory that is done as part of their permitting process. It will allow us to see whether there is additional data collection that is needed to be done locally in order to complete the picture. Woodruff stated that the next step is the Pollution Prevention Program. It would be a voluntary program that is aimed at existing sources and would provide information, encouragement, and incentives for pollution prevention by businesses that are producing pollution within the state's requirements. Every existing source is subject to the State Air Pollution rules. In 1995, a program would start on the new sources. First, would be a requirement that any new air pollution source file an APEN which is a form that goes to the State Health Department and makes sure that they are in the permit system and are subject to the State's rule. Second, the project sill consider what the City should require of a new stationary source beyond the State Health Department's requirements. Woodruff stated that the key to this would be to get the people who are affected together and come up with an approach that would work within the LDGS. This would be an ordinance change, so we would be changing the LDGS and Zoning Ordinance to put new requirements on these sources. Mason stated that she thought with SB105 that the City could not have 6 stricter requirements than the State. Woodruff answered that SB105 says, "In the area of air toxics regulation'we can not have a program that is stricter than the State." However, what staff is talking about is a land use regulation that is specifically allowed under state law. So the City can not have an air pollution program that applies to all existing sources, but we can have one that applies to new sources as long as we do it within the land use system. Mason asked if the inventory will be a comprehensive inventory, or will we,be just looking for the toxics that the State has identified in SB105. Woodruff stated that they would be relying on the State's data to the extent possible. Staff will have to take a look at it once the air toxic inventory is completed and see how far it really goes. Johnson asked if there was a better way to regulate "clean up" when there is a leaking underground storage tank and they are venting the ground as part of a clean up effort. Woodruff answered that he is not sure what the regulatory status is for that procedure. Woodruff stated that the New Source Review issues would extend into 1996. Woodruff stated that with the Pollution Prevention.Program staff would hope to do it in conjunction with Larimer County or with the State Health Department. They have staff beople who know how to do this and the City does not. Woodburnina Woodruff stated that staff's major step for 1994 is to enhance the ZILCH Program and will be asking Council for some additional money for the program. At the present, ZILCH is used primarily for converting fireplaces to natural gas, it is also available for converting older air type woodstoves to certified woodstoves. The woodstoves produce a lot more pollution than fireplaces do, so staff is more interested in converting the woodstoves and will suggest reprioritizing this so that anybody who wants to convert their stove can go to the beginning of the waiting list. In 1995, staff will have two programs aimed at increasing the turn over of fireplaces and stoves even more; 1) reducing the City's fees and providing tax incentives, and 2) work with UP and the gas company to provide better access to natural gas in neighborhoods. Some of the hot spots of wood use are in all electric neighborhoods so if we can get the natural gas in there it would cut down on the use of wood as a primary source of heat. Woodruff stated that in 1997, staff would like to consider a Point of Sale Ordinance that would require when a home is sold with a wood stove the stove would have to be upgraded. Johnson suggested with ZILCH the City could have demand controllers placed in electric homes, so that people can heat at a far lower price and would be willing to throw their stoves a way. Friedman stated that it already exists. Staff will check on this. Indoor Air Pollution Woodruff stated that the data collection piece will rely on surveys and the first survey will be done this year. In 1995, staff will take another look at this because it is not clear what the City's role should be 7 in indoor air pollution. What will be identified are some educational needs in areas that can help citizens and then can start the indoor air education program. In 1996, the building codes will be revised again. This review will look at ventilation standards that are in the building codes as they relate to indoor air quality. Miscellaneous Items Staff wants to do a monitoring plan every couple of years to highlight what the monitoring needs are for all pollution sources. Staff's information and outreach program would be on a continuous basis. Staff feels that inter -agency planning is important, especially if we can get to co -funding a Pollution Prevention Program with some other agencies. Johnson moved and Friedman seconded that the Natural Resources Advisory Board recommend the Air Quality Action Plan. The motion was unanimously approved. Reoyolina workolan A draft work program to implement an intTgrated approach to solid waste reduction was included in the Board's packet. Shoemaker asked for comments and concerns from boardmembers. Miller stated that he is still finding a lack of dissemination of recycling information; there is a need to keep that in everyone's mind. He stated that the problem is that citizens are dumping their trash whether it is recyclable or not anywhere they can to get it off their hands. Mason commented that still need a brochure that is easy to use and comprehensive. It needs to be updated continuously. Water Treatment Plant 1 Johnson reported progress on the project to convert WTP 1 to public use. He stated that there is a site that the Division of Wildlife (DOW) owns and the City wants that might be swapped with this site. The site is located at the west end of Halligan Reservoir.at the north fork of the Poudre. If the exchange occurred, this would solve a major hurdle regarding the water utility's need to get solid value from the site. This would facilitate the movement that the Board has looked at for a long time in terms of public use. River vision statement. Status of Redraft Johnson stated that he will have this at the April 6, NRAB meeting. Due to Smith's resignation the Board needed to recommend to Council another boardmember to serve on the Larimer County Environmental Advisory Board. Miller, who was the alternate stated that he would like to be the 8 Board's regular repre3rentative alternate. Johnson stated t he would then be the Swope moved and McGee seconded that the Board recommend to Council that Miller be the representative and Johnson be the alternate to serve on the Larimer County Advisory Board. The motion was unanimously approved. Committee Restruoture Miller stated that the Board should have the vacancies filled by the April 6, meeting. Smith was Chair of the Growth Management subcommittee and now that he is gone there was a vacancy. Miller asked Mason to serve as chair and she accepted. Other Committee Reports Friedman stated that the Education Committee has finalized the nomination forms for the first round of the Environmental Action Awards which is the school group. Nominations are available and will be accepted February 15 through April 15. Adiournment The meeting was adjourned at 10:05 p.m. E