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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/30/2004 - AMENDING THE FORT COLLINS LAND USE CODE RED-TAIL A DATE: November 30, 2004 STUDY SESSION ITEM STAFF: John Stokes/Greg Byrne FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Amending the Fort Collins Land Use Code Red-tail and Swainson's Hawk Nest Site Buffer Zone Table and Buffer Zone Performance Standards. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Shall the Raptor Buffer Standards from Section 3.4.1. of the Land Use Code be amended as proposed? BACKGROUND Staff recently was asked by four Council members to propose significant modifications of Red-tailed and Swainson's Hawk nest buffer standards contained within Section 3.4.1 of the Land Use Code. Last summer, Council adopted several changes to Section 3.4.1 of the Code; among the most significant changes were those to the buffer standards for Red-tailed and Swainson's Hawk nest sites. At that time, staff attempted to accommodate varying points of view on how best to modify these standards and developed a proposal with significant input from a subcommittee of the Natural Resources Advisory Board, as well as further public outreach with the development interests and other parties. Council adopted the changes proposed by staff, although some members of Council expressed serious reservations. Since the changes were adopted,several members of Council have continued to express reservations with respect to the Red-tailed and Swainson's provisions. Upon further reflection, staff also has been concerned about the practical effect of the raptor buffers. Some of the concerns that have been identified are noted below: 1) That the City is making landowners pay twice for their land by instituting a mitigation payment. 2) That the mitigation payment is too high. 3) That the size of the buffers is too large and constitutes an unfair appropriation of land (the smallest buffer radius of 450' is approximately 14 acres; a 900' radius is approximately 43 acres). 4) That creating buffers for two common and relatively adaptable hawk species represents a potentially unsustainable conservation strategy because creating a buffer around a nest site does not ensure that the nest site is viable into the future (for example,further development in the area outside of the buffer may make the nest site unsuitable). November 30, 2004 Page 2 5) That Red-tailed and Swainson's Hawks have proved somewhat adaptable to urban environments and currently are nesting in highly developed areas within the City limits. 6) That the correct scale for conservation of wide-ranging species such as raptors is at a much larger landscape level and that the City's Natural Areas Program constitutes just such a landscape-level conservation approach. 7) That the Code also protects, for example, riparian corridors and wetlands and that these, in addition to land conservation by the Natural Areas program,provide the"connective tissue" that raptors and other wide-ranging species require for survival. 8) That large Red-tailed and Swainson's buffers unduly interfere with other policy goals, such as implementation of the Master Street Plan. 9) That landowners will cut down nesting trees due to the perception that this element of the Code is difficult to comply with. Federal law prohibits interfering with nesting migratory birds; however, a nest can be disturbed after the bird(s) have left the nesting site. Proposed Solution Overview: The proposed solution eliminates the Red-tailed and Swainson's Hawk buffer standards and the mitigation requirements. A division is proposed to be added,however,that provides for a temporary Limit of Development associated with nesting Red-tailed and Swainson's Hawks. The temporary Limit of Development is intended to protect a nest site through at least one nesting season. Board Recommendations: At its November 17, 2004 special meeting, The Natural Resources Advisory Board voted to recommend to City Council to leave the existing standards in place by a vote of 6-1 (with Skutchan dissenting,Petterson and Colton absent) . Natural Resource Advisory Board members felt strongly that the Code, as revised in June of 2004,was a sensible,flexible,and reasonable approach to raptor buffer standards. The Planning and Zoning Board recommended a continuance of the zoning request by a vote of 5-1 (with Torgerson dissenting and Carpenter absent). The Planning and Zoning Board felt that more alternatives to the proposed changes needed to be developed. Staffs Recommendation: The Red-tailed and Swainson's Hawk standards have been a very difficult and contentious issue for staff,members of the Board,the public,and Council. The approach adopted by Council last summer has continued to trouble the Council as well as staff. Staff's current perspective on the Red-tailed and Swainson's standards is that the standards provide uncertain conservation benefits and, in fact, in some circumstances may cause more harm than good to the birds themselves. Given the City's robust landscape-scale land/habitat conservation programs, and given other protective mechanisms in the Code related to habitat, and given some of the ancillary problems with this particular Code provision, it is reasonable to reduce the emphasis in the Code with respect to these two individual species.