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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2003 - RESOLUTION 2003-061 EXPRESSING SUPPORT FOR THE FOR AGENDA ITEM SUMMARY ITEM NUMBER: 24 FORT COLLINS CITY COUNCIL DATE: May 6, 2003FROM Tom Vosburg SUBJECT: Resolution 2003-061 Expressing Support for the Fort Collins-Timnath-Windsor Community Separator Study. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: Fort Collins, Timnath Windsor and Larimer County have been working over the past two years on a project to support successful implementation of community separators in the Timnath area, consistent with the 1999 Northern Colorado Community Separator Study. The project has been successfully completed, and staff is recommending that each.participating jurisdiction adopt a resolution to accept the project study report and express support for implementing the community separator program outlined in the document. BACKGROUND: Fort Collins received a Colorado Heritage Planning Grant to provide assistance for the three communities and Larimer County to work on establishment of a community separator in the Fort Collins-Windsor-Timnath area. The goals of this effort were to: ■ Define appropriate boundaries for a Fort Collins-Timnath-Windsor Community Separator. • Work with key landowners to identify their interest in participating in some form of voluntary land protection within the community separator area. • Identify implementation strategies with the best chance for success that are fair to landowners. ■ Develop a consensus among the affected interests on a preferred actions strategy. ■ Produce an application for GOCO and/or other funding sources. • Prepare and adopt intergovernmental agreements regarding implementing a successful separator program. In order to accomplish these goals, the study team includes a technical group made up of staff and consultants and a Steering Committee consisting of elected officials from each of the participating jurisdictions. The Steering Committee directed staff to develop a strategy that would work with willing property owners within the County's existing regulatory and policy DATE: ITEM NUMBER: 24 framework. As a result, this study does not recommend new policy or regulatory measures; instead it provides information to guide existing programs and inform additional policy making by each jurisdiction. The Steering Committee also directed staff not to wait for the conclusion of the project to work on implementation actions. As a result, many implementation actions recommended by the report have already been completed by the participating jurisdiction prior to acceptance of this final study document. These completed implementation actions include: • The Town of Timnath reflected the community separators in its updated comprehensive plan. • Timnath and Windsor entered into an IGA regarding their GMA boundaries in relation to the potential community separator areas. Fort Collins and Timnath are now completing work on a similar IGA. • The project team developed a Great Outdoors Colorado Legacy Grant proposal to support implementation of community separators in Northern Colorado. • Fort Collins staff began negotiations with land owners regarding conservation of certain properties within the community separators. • The City of Fort Collins included the identified community separators as part of the revised Land Conservation inventory focus areas within the updated Natural Areas Policy Plan. While the actions outlined above do contribute to implementation of these community separators, meaningful implementation of these community separators will require significant active land conservation (purchase of properties and conservation easements) by the City of Fort Collins Natural Areas program. Attachments • `'The Fort Collins-Timnath-Windsor Community Separator Study" • Recommendation from the Natural Resources Advisory Board RESOLUTION 2003-061 OF THE CITY OF FORT COLLINS EXPRESSING SUPPORT FOR THE FORT COLLINS-TIMNATH-WINDSOR COMMUNITY SEPARATOR STUDY WHEREAS, certain Northern Colorado cities and counties have adopted the Northern Colorado Regional Planning Study and, in 1997, entered into a comprehensive Intergovernmental Agreement with regard to managing and planning urban growth patterns in the region, and in 2000 accepted the Northern Colorado Community Separator Study (which studies and agreement are referred to collectively as the "Documents"); and WHEREAS, the Documents envision the Northern Colorado communities as consisting of neighbors that (1) work together cooperatively while remaining physically separate, (2) retain their individual characteristics and identities, and (3) carefully consider and plan the areas between them that are appropriate for development; and WHEREAS, the Documents recognize the rapid growth that presently exists in the Northern Front Range area and observe that the affected communities are extending their boundaries toward each other with the result that such communities will merge into an extended metropolitan area with no apparent boundaries or separation between them unless the communities cooperatively plan to mitigate and avoid such merger; and • WHEREAS, in response to the foregoing concern, the communities of Fort Collins, Timnath, Windsor, and Larimer County have, for the past two years, worked cooperatively toward the preparation of a study on community separator opportunities and implementation actions; and WHEREAS, the resulting product is the "Fort Collins-Timnath-Windsor Community Separator Study" which study includes a detailed inventory of existing conditions, community separator opportunities, and describes an implementation program with actions and roles recommended for each participating jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby expresses its support for the "Fort Collins-Timnath-Windsor Community Separator Study," dated February 2003, and states its intention to take such actions as are reasonably necessary to implement the recommendations of said study. Passed and adopted at a regular meeting of the City Council held this 6th day of May, A.D. 2003. Mayor ATTEST: City Clerk The Fort Col l ins-Timnath-Windsor Community Separator Study The Fort Collins-Timnath-Windsor Community Separator Study February 2003 EDAW, Inc • Table of Contents Executive Summary................................................................................ iii Chapter 1 — Introduction .......................................................................... 1-1 Chapter 2 — Planning Influences Planning Framework................................................................................. 2-1 Northern Colorado Community Separator Study....................................... 2-2 1-25 Corridor Plan...................................................................................... 2-3 Local Comprehensive Plans ..................................................................... 2-4 ProjectStudy Area.................................................................................... 2-5 Chapter 3 — Community Separator Definition and Implementation Fort Collins-Timnath Separator................................................................. 3-1 1. Develop an Intergovernmental Agreement (IGA) .......................... 3-3 2. Adopt 1-25 Design Standards......................................................... 3-4 3. Utilize Appropriate Regulatory Tools ............................................. 3-4 4. Acquire Selected Key Properties and Conservation Easements... 3-6 5. Rural Land Use Process ................................................................ 3-7 6. Adopt a Funding Mechanism......................................................... 3-8 Fort Collins-Timnath-Windsor Separator................................................... 3-9 1. Develop an Intergovernmental Agreement (IGA)........................... 3-10 2. Adopt 1-25 Design Standards......................................................... 3-10 3. Utilize Appropriate Regulatory Tools............................................. 3-10 4. Acquire Selected Key Properties and Conservation Easements ... 3-11 5. Adopt Funding Mechanism......................................................... 3-12 Study Finding Summary and Conclusions ................................................ 3-13 List of Maps Map 1 — Regional Framework................................................................... 1-2 Map 2 — Existing Conditions ..................................................................... 2-6 Map 3— Community Separators ............................................................... 3-2 • Credits Project Steering Committee Tom Bender, Larimer County Commissioner Annalee Foster, Mayor, Town of Timnath Eric Hamrick, Councilmember, City of Fort Collins Dr. Tom Jones, Trustee, Town of Windsor Karen Weitkunat, Councilmember, City of Fort Collins Project Staff Team Tom Vosburg, Project Manager, City of Fort Collins Michelle Pawar, City of Fort Collins Joe Frank, City of Fort Collins Mark Sears, City Of Fort Collins Jill Bennett, Larimer County Planning Department K-Lynn Cameron, Larimer County Open Lands Dan Kunis, Larimer County GIS Joe Plummer, Town of Windsor Kim Straw, Cityscape Urban Design, representing the Town of Timnath Project Consulting Team Tom Keith, Drew Stoll, EDAW Alisa Wade, ENSR This project was made possible in part through a Colorado Heritage Planning Grant from the Colorado State Department of Local Affairs Office of Smart Growth. • Executive Summary Purpose Specific objectives of this study include: • Define appropriate boundaries for a Fort Collins-Timnath-Windsor Community Separator. • Work with key landowners to identify their interest in participating in some form of voluntary land protection. • Identify implementation strategies with the best chance for success that are fair to landowners. • Develop a consensus among the affected interests on a preferred actions strategy. • Produce an application for GOCO and/or other funding sources. • Prepare and adopt intergovernmental agreements defining roles and responsibilities in implementing a successful separator program. Separator Definition Opportunities clearly exist to implement community separation in the Fort Collins /Timnath /Windsor area, and there is strong local support for establishing . effective community separators in the area, as evidenced by Timnath's successful update to its comprehensive plan to both accommodated and reflect the community separator opportunities. However, the definition and character of the potential separators are different than originally identified in the 1999 Northern Colorado Community Separator study. Rather than a single, agriculturally oriented potential separator area to the south of Timnath, two smaller, more distinct, potential separator areas exist: • The Fort Collins /Timnath Community Separator north of Timnath. This area is characterized by small-scale farming and existing rural residential development. The primary implementation strategy in this area will be to either purchase properties outright or to reduce the development potential to truly rural densities through conservation easements or deed restrictions. • The Fort Collins /Timnath Windsor Community Separator south of Timnath. This area consists of the Poudre River valley and floodplain. It contains critical riparian habitat and offers potential for passive recreation opportunities. The Fort Collins-Greeley trail is planned to connect through this separator area. The primary implementation strategy for this area will be to work to purchase development rights and restore lands after gravel mining. Efforts to protect a '/4 mile buffer along the river from mining should be pursued. These community separators are illustrated in the figure below. • iii FORT COLLINS - TIMNATH - WINDSOR SEPARATOR STUDY Map 3 Collins Community Separators S Legend l fir!-.w....r ..�+.e... .... ( f, Fe11 G Ilnf ivmPM s�wmm F.n Callen rrmMn hp g 2K Wlmwr Sopwatw Pmucte0 A�. Y:.±PGt d`T�rc. ' 'JL1 � � FM CoIYu G4< J-t wl' Tmu�hG A '.. CAr Limits nath Fo^c.ft, Fort Collins r ^ WI14.P. r ,.M.� Key Findings and Conclusions Several important implementation actions have already been completed by participating jurisdictions prior to publication of this final report; the Town of Timnath revised its comprehensive plan to reflect the community separator concepts identified through this study, and Timnath and Windsor have entered in to an Intergovernmental Agreement regarding annexation and development in the separator area between those two communities. Remaining key implementation actions are outlined below. 1. While limited development through Larimer County's cluster development zoning requirements and the Rural Land Use Center process can contribute to these separators, meaningful implementation of these community separators will require significant purchase of properties or development rights by public agencies. 2. Until Timnath and Windsor adopt open space funding mechanisms, Fort Collins and Larimer County will need to fund most property and development rights acquisitions in the area. Fort Collins has a far greater interest in implementing the Fort Collins /Timnath Separator than Larimer County, while both agencies share interests in protecting the Poudre River Valley through the Fort Collins /Timnath /Windsor community separator. 3. Land in the separator area are under increasing development pressure, and it is imperative that additional work with area landowners continue in a timely manner or these community separator opportunities will likely be lost to development. • Chapter 1 — Introduction The importance of maintaining community separation has long been recognized in northern Colorado. This recognition has led to a number of planning studies as well as tangible implementation results. The community separator between portions of Fort Collins and Loveland, which was accomplished through open space purchases, limited development options, and other implementation strategies, is probably the best example within the region. The overall vision r, for the region, however, is not - limited to the Fort : a Collins-Loveland Separator. The region's productive agricultural lands, which supported a somewhat denser settlement pattern than many other . Portion of Fort Collins-Timnath Separator areas of the state, led to the establishment of numerous communities in northern Colorado in the second half of the 19th century. These communities have maintained a strong sense of their individual identities -- interdependent economically and through cultural ties, but each with their own character, history, and sense of place. As northern Colorado continues to experience rapid growth, the distances separating these communities have rapidly diminished and the prospect of a nearly continuous urbanized area has begun to emerge. This is not a desirable future to residents of northern Colorado. In recognition of these emerging development trends, a group of northern Colorado communities and Larimer County entered into an intergovernmental agreement and conducted a series of studies to address the issue. These prior studies are described in more detail in Chapter 2. A key product from these earlier efforts is the regional framework for preserving community separation that is presented as Map 1. �A \tom 11 'W 'p■wz-:Enl • • • -01 �' W ■ 0 IL y WIN I it 1 � `pK� W �7 0 RIO ei�■ c _ aiIt® mow•. ail■ - ■��i��''a:ice� �:��� Ir is ad NOW= One of the areas shown in Map 1 is the Fort Collins-Timnath-Windsor community separator. The framework study, however, was regional in scale and didn't commit funding or address the specific issues and opportunities present within the Fort Collins-Timnath-Windsor Separator. Early in 2002, these communities and Larimer County began a focused work effort to establish a community separator in the Fort Collins-Timnath-Windsor area. This study documents the results of that effort. Specific objectives of the current study include: • Define appropriate boundaries for a Fort Collins-Timnath-Windsor Separator. • Work with key landowners to identify their interest in participating in some form of voluntary land protection. • Identify implementation strategies with the best chance for success that are fair to landowners. • Develop a consensus among the affected interests on a preferred actions strategy. • Produce an application for GOCO and/or other funding sources. • Prepare and adopt an intergovernmental agreement defining roles and responsibilities in implementing a successful separator program. Following this introduction is a review of prior and on-going planning efforts that influenced development of this study. A summary of the physical and environmental conditions in the project area is also presented in Chapter 2. Chapter 3 presents study results, including the boundaries of the proposed Fort Collins-Timnath-Windsor Separator along with recommendations on how the separator should be implemented. This study was completed as a joint planning effort of the City of Fort Collins, Towns of Timnath and Windsor, and Larimer County. Funding assistance for this project was provided by a grant from the Colorado Department of Local Affairs, Office of Smart Growth. 1-3 Chapter 2 — Planning Influences This chapter summarizes some of the key factors that influenced development of a community separator in the Fort Collins-Timnath-Windsor area. It begins with an overview of prior studies that addressed community separation in the region and then moves on to a summary of other current or recent planning efforts that also influenced the study. The final portion of the chapter describes the planning area itself, identifying key natural features and resources present in the area. Planning Framework Larimer County and the cities of Fort Collins and Loveland established growth management area and community separator areas that date back to the 1980s. In 1995, work was completed on a study entitled "The Northern Colorado Regional Planning Study." This study laid the foundation for greater coordination among the communities in the region and led to the adoption of a comprehensive intergovernmental agreement that was signed in 1997. The six communities signatory to the agreement includes Berthoud, Evans, Greeley, Fort Collins, Loveland and Milliken. The fundamental objectives of the agreement are stated below: • Retention and enhancement of individual community identity. • Preservation of agricultural land uses around urban areas. • Preservation of natural areas, such as streams, wetlands, wildlife habitat and other similar values. • Urban development should occur within or be incorporated into existing towns and cities. • Development in rural areas within the regional planning area should be limited and generally related to or compatible with the rural character of the area. In 2001, Larimer County and the Town of Windsor also entered into an agreement that provides for cooperation on managing urban development. In addition to providing recognition of the Town's Growth Management Area, the IGA acknowledges the importance of preserving ". . . the unique identities of communities in the Northern Colorado region." 2-1 • Northern Colorado Community Separator Study Further guidance is provided by the Northern Colorado Community Separator Study, which was completed in 1999. The regional framework defined by this study was already referenced in Chapter 1 and presented in that chapter as Map 1. In addition to the regional framework, the study provided a substantial amount of information on the attitudes of northern Colorado residents toward various aspects of community separation. Some of this information, which was derived from a survey of more than 650 residents, is summarized below: • A large majority (82%) of survey participants believe that maintaining community separation is an important objective. • The goal of maintaining community separation can be achieved without preventing all forms of development. Clustered development of up to 40 residential units on approximately 500 acres was perceived as meeting the goals of maintaining separation. • A wide range of responses was received on the question relating to the size of an area needed to maintain effective community separation. Nearly half the responses fell within a range of/2 mile to 2 miles, with the largest single response being 1 mile. A little more detail on an important point addressed by the survey— how much development can occur in an area while still meeting the goal of maintaining community separation — seems appropriate. As noted, the survey was administered at a series of public meetings and utilized a series of photo simulations to depict various development patterns and densities within a hypothetical community separator. The simulations were designed so that the amount of land area visible in the photos utilized to rate development patterns and densities was approximately 500 acres. Responses to the survey indicate that both the number of units visible within the scene as well as the pattern of development strongly influence public perceptions on the amount of development acceptable within a community separator. As might be expected, any configuration of development intensity approximately equivalent to 1 unit/25 acres was rated strongly positive. Of the three development patterns depicted, 20 units on 10 acre lots received somewhat more positive ratings than 20 units clustered on 1 acre lots or 20 units clustered on 2.5 acre lots. As the number of units increases, however, this preference reverses itself. Forty units clustered on 1 acre lots received a positive rating but 40 units un-clustered on either 2.5 or 10 acre lots were both rated negatively, i.e. not consistent with community separation goals. • 2-2 Any configuration of 80 units of development, roughly 1 unit/6 acres, was rated negatively. A scene with 40 units on 2.5 acre lots generally distributed within a landscape consisting of approximately 500 acres was rated closest to neutral in a series of slides depicting various development patterns and densities. Neutral in this case was a rating of—0.01 on a scale of—5 to +5. These survey results cannot be taken as an absolute but do provide some guidance on public attitudes. 1-25 Corridor Plan Another regional scale study of relevance to the Fort Collins-Timnath-Windsor Community Separator Study is the Regional 1-25 Study completed in 2001. This study contains a variety of policies and recommendations intended to guide development in the 1-25 Corridor. In particular, the plan seeks to focus urban levels of development with compact "activity centers". It also calls for preserving natural areas and views that contribute to the open character of the corridor. Several communities in northern Colorado, including Fort Collins and Windsor, have adopted the 1-25 plan. Some of the relevant land use policies are noted below: • Development is concentrated in mixed-use activity nodes to support use of alternative modes and reduce short term land consumption. In the Fort Collins-Timnath area, the Harmony/CR 38 Interchange is the designated activity node and in the Fort Collins-Windsor area the designated activity node is the Highway 392 Interchange. • Development is organized to create a strong visual and physical connection to current and future transportation systems, to other development, and to motorists on 1-25. • Residential development does not occur within '/< mile of 1-25. Some of these concepts are illustrated in the sketch shown below from the 1-25 Corridor Plan. 2-3 Dxn land and Hates:P.•ca Pocca x::hun et�tegca By facia na dne:o;�nt'.n --°'. fpr?ratatirga�v.a zcaa aeerrc.ated zdee,erov am ao^vr.comdaa for 9rme-St0n of ta:fetcd daaayd d sect-y adjer<�t ay-catta rr axn and, m the 1.25 WK.to Rrcrt andror a^q.ram • +"`- ___ e:q-"0"0ntw r; . &e Co 'ca.. "'— T' > _ Regdcnta daen;�rentw:: -. ,• �.�� - Eea^m b.te4,ntla area. •Y :_�r..YS. -` :r:-___ andirg tnc nccd i¢ftrc n•rc.gatun. Source:1-25 Con'idor Plan The 1-25 Corridor Plan also called for creation of a regional 1-25 Corridor Open Space Task Force to develop strategies and programs to protect open space within the corridor. This task force reviewed open space opportunities in the 1-25 Corridor and formulated a series of recommendations for consideration by elected officials. Local Comprehensive Plans In addition to these regional goals, individual communities have also adopted a series of statements and policies that reflect the importance of maintaining community separation. Some of these are noted below: • "Larimer County shall cooperate with municipalities to maintain distinct and separate urban areas." Larimer County Master Plan, 1997 • "Community separators will provide permanent and visual separation between Fort Collins and adjacent communities to maintain and enhance the separate identities of each community." Fort Collins Rural residential development City Plan, 1997 2-4 • "Open space, parks and trails, agricultural lands, low-density residential developments, and other rural features should be encouraged and utilized to maintain separators between Timnath and the neighboring urban areas of Windsor and Fort Collins." Town of Timnath Comprehensive Plan, 2002. • "Develop IGA's with neighboring cities, towns and counties, with input from private property owners, to develop open space corridors and community separators." Town of Windsor Comprehensive Plan, 2002. Project Study Area The Project Study Area is depicted in Map 2. It generally extends from 1-25 on the west to the Larimer-Weld County line on the east, a distance that varies from 2.5-3 miles. On a north-south basis, the study area extends from County Road 44 (Prospect Road extended) to County Road 32, a distance of approximately 6 miles. The area is rapidly urbanizing. As shown in Map 2, all but a small portion of the area is either within the municipal limits of the three communities or is within their Growth Management Area. The boundary shown for the Town of Timnath GMA is from the town's recently }` adopted comprehensive plan. The town is working with Larimer County and neighboring jurisdictions to obtain formal recognition of the GMA boundary. The great majority of the area, however, lies outside of current municipal boundaries in unincorporated Larimer County. Current land use remains predominantly agricultural and much of this is irrigated. The predominance of agricultural use is reflected in the land ownership pattern, which remains primarily larger parcels of 80 acres or more. Land ownership is almost entirely private. A 160-acre open space parcel along the Cache La Poudre River is the most notable exception. This parcel is owned by Larimer County and lies at the south edge of the study area adjacent to Highway 392. Although outside of the study area, it should be noted that the Frank State Wildlife Area is nearly contiguous to the county open space land on the south side of Highway 392. Another parcel with conservation measures in place is a 240-acre parcel (Swift) that has been largely protected through a limited development option and conservation easements. These tools, which are available through Larimer County's Rural Land Use Center, are described in more detail in Chapter 3. The Swift parcel is strategically located along the 1-25 corridor and makes a major contribution towards maintaining an open landscape between the Town of Windsor and existing and planned development in Timnath and Fort Collins. 2-5 FORT COLLINS - TIMNATH - WINDSOR SEPARATOR STUDY Map 2 NV' Existing ,- Conditions Legend Land Usa _ Fort Colltrc GMA 11W Wnddor O AA i A,p TanMN"A a Q rMMZh CenldW n I O Parceb Over BO Acrp f\/ Pamds UMer 90 Acres \ L-1 Iecc psraad A.. 5. \ I._-1 "'Pro' Prot mArea e Couaq Zonlrp • Far u, �;% ® IMwUial �S C yaraa) 8eleelW Rheum 0ond1bons m year Fbod Pan s '�u� �i:3 WefleMa 4 A NO IMyalad AgdwiWm MI I LJ' saneGravel and Oepe.. � `/Iswlly Pmmirveni Landbmn _ ? M49rg � • The Cache La Poudre River is the most notable physical feature in the planning area, and is largely responsible for the landscape we see today. Water diverted from the river made it possible to establish the extensive irrigation systems and cultivated lands that remain the predominant land use. Alluvial deposits laid down by the river are a primary source of sand Poudre RWer wMfn pmjed area and gravel in the region. Extraction of these resources has resulted in an extensive network of small ponds scattered throughout the floodplain. Mineral extraction also remains a major land use and additional mining is anticipated in the future in several locations along the river corridor. As shown in Map 2, the river has a broad floodplain that ranges in width from approximately one half mile to more than a mile through the study area. In much of the floodplain, however, particularly near the edges, flood depths are shallow and construction of residences and other types of development is feasible by elevating the building above the height of the flood flows. Single homes or other structures allowed by zoning can be built on existing lots in the floodplain, provided they are outside of the active floodway. Larimer County floodplain regulations do not allow creation of new development lots in the floodplain. In addition to minerals and other resources, the river corridor provides important wildlife habitat. Although portions of the corridor have been modified by mining and agricultural activities, it remains largely open, providing opportunities for wildlife movement as well as a variety of aquatic and riparian habitats. A particularly intact riparian forest community is located just north of County Road 32E. Here a meandering channel and old ox bow have created a broad riparian zone with mature cottonwoods, willow and other woody species. Amid this riparian forest is an active bald eagle nest, which remains the only known nesting location in Larimer County. Another notable resource area is Timnath Reservoir. This water body provides habitat for a variety of species, particularly for waterfowl and shore birds. The reservoir also receives substantial use by white pelicans, a species of state concern, and also supports a great blue heron rookery. Much of the southern and western shoreline area of this reservoir is owned by the North Poudre Irrigation Company and the Cache La Poudre Reservoir Company. These companies may be amenable to keeping their property undeveloped. 2-7 Also shown on Map 2 are wetlands. In addition to a nearly continuous band of wetlands along the river corridor, a large area of wetlands is located in the northwest portion of the planning area, west of County Road 5. Federal and local laws protect wetlands. Larimer County regulations provide that no structures can be built in wetlands, except those for educational or scientific activities. The regulations also provide for a buffer between wetland areas and development, which is generally defined as a distance of 50 feet for wetlands Wetland area in Fort Collins-Timnattl Separator less than an acre in size and 100 feet for wetlands greater than an acre in size. Exceptions exist for high quality wetlands of less than an acre in size and discretion is provided to the Board of County Commissioners to reduce or enlarge the size of a buffer area if justified by credible evidence. i 2-8 Chapter 3 — Separator Definition and Implementation The community separator is depicted in Map 3. It consists of two somewhat distinct elements. The northern portion of the area forms a community separator between Fort Collins and Timnath. The goal of the community separator in this area is to maintain a rural character. Portions of the area have already been developed and, with the exception of Timnath Reservoir, the area generally lacks exceptional natural features or values. The second element of the separator is the area identified as the Fort Collins-Timnath-Windsor Separator. This area focuses on the Poudre River corridor and includes substantial habitat and other resource values. In addition to maintaining community identities, the goal of this separator is to preserve the important natural values along the river corridor. Each of these separator areas is described in the remainder of this section, including a series of implementation recommendations adapted to each area. Before getting into the detail of the report, it may be appropriate to define the term "community separator." In the context of this report, it refers to an area that retains a rural character and provides a distinct separation between two or more communities. It's important to note that a community separator is not necessarily completely undeveloped. A community separator does provide, however, a buffer between areas of continuous urban development so that historically distinct communities can retain a sense of their own individuality and identity. Fort Collins-Timnath Separator Implementation of a community separator requires the use of multiple approaches — in most cases, no single tool can accomplish the entire project. Although purchase of conservation easements or development rights is a sure-fire approach to land conservation, the amount of available funding usually limits the ability of local governments to rely on this tool. This is certainly the case in Poudre River within project area Larimer County. Regulatory- based approaches are also an essential element of an implementation strategy. These include limits on development within hazard and sensitive areas, such as floodplains and wetlands, and other regulations that address density and patterns of development. However, an over reliance on regulatory tools to maintain community separation and resource protection goals may result in landowner 3-1 FORT COLLINS - TIMNATH - WINDSOR SEPARATOR STUDY Map 3 Collins Community ,' Yc ,37, .• Separators s t L"*M '��" �;.,�•) Fon came rrmin Ow L�f ?Y i ywMa 1 '. , Fon Calina.f VM1- i ei,. Xe• 9 t k a r K nlNea s.w.ra r OIpyC11E r1Me x FenC GYa w " t TYma1h WA w'meew GMn it •''t�• City Limits �.` nath enCaia, Fort Collins IWIIIII r �- fairness issues. A balanced strategy that integrates both regulatory and purchase of some type of development rights is usually the most effective implementation strategy. A brief summary of implementation recommendations is provided below. A discussion of each implementation strategy follows the table. Table 1. Fort Collins—Timnath Separator Implementation Responsibility Comments Action Develop Timnath, Fort Collins, Intergovernmental Larimer County Agreements Adopt 1-25 Design Timnath These standards have already been adopted by Standards Elements Larimer County and are scheduled for adoption by Fort Collins. Utilize Appropriate Timnath, Larimer This portion of the separator area is outside of Regulatory Tools County the Fort Collins GMA and municipal limits. Acquire Key Parcels Fort Collins Fort Collins may develop further guidelines for and Conservation community separator acquisitions.Also, Easements additional staff should be allocated to property owner outreach to implement conservation projects in a timely manner. Adopt a funding Timnath The Town is eligible for a share of the County mechanism open lands tax. However,the availability of a local source of funds would enhance the Town's ability to implement projects of local interest and levers a GOCO and other funding sources. Maintain coordination Larimer County lead There is a need for on-going coordination among local among staff and elected officials to guide governments implementation of the separator program. 1. Develop Intergovernmental Agreements (IGAs). In order to reinforce the GMA boundaries discussed above, IGAs are needed between Fort Collins, Timnath, Windsor, and Larimer County. These IGAs would formally recognize each jurisdiction's GMA boundaries that define the community separator and insure that the GMA boundary remains fixed in the vicinity of the separator. An additional implementation consideration is to adopt a similar IGA involving Timnath, Windsor, Larimer County and Weld County. The purpose of the agreement would be to define a community separator area along the county line. This separator area is shown in the "Northern Colorado Community Separator Study" and in the recently adopted (2002) Town of Windsor and Town of Timnath Comprehensive Plans. The Weld County portion of this community separator is outside the boundary of this planning study. 3-3 2. Adopt 1-25 Design Standards. As discussed in Chapter 2, the regional 1-25 Corridor Plan includes a number of provisions that contribute to community separation, including land use policies and design standards. Each participating jurisdiction has adopted the 1-25 Corridor Plan, and Windsor, Larimer County and Fort Collins have either substantially adopted the design standards or are scheduled to in the near future. The Town of Timnath should consider adoption of applicable components of the design standards. These policies and standards could contribute to maintaining a rural character on the east side of 1-25 through the community separator area. 3. Utilize Appropriate Regulatory Tools. If, as is recommended in Item 1 above, the Timnath GMA is adjusted, the great majority of new development within the designated community separator area would occur under the policies of Larimer County's Land Use Code. Implementation of these policies would not in and of themselves assure a development pattern consistent with the goals of community separation, but limited development on some properties according to these standards may not be completely incompatible with maintaining community separation. Limited development under County policy, in conjunction with the extensive use of other tools, such as purchase of conservation easements, would achieve an effective degree of community separation. In order to outline the types of additional actions that will be required and the level of resources needed, a brief review of relevant county regulations follows. Larimer County regulations provide that all applications for residential development outside of a designated GMA and consisting of 30 acres or more must be designed as a Conservation Development. As a general rule, a Conservation Development must have at least 80% of the site left as open space. Variations to this rule apply in several situations, such as when sanitary sewer service is not practicably available, but in no case does the amount of required private open space drop to less than 50%. Given these requirements, and zoning with a minimum lot size of one unit/2.3 acres (FA-1) throughout most of the study area, results in a hypothetical parcel of 100 acres having an entitlement of approximately 43 units. If connected to sewer, these 43 units would have to be clustered on 50 acres, resulting in an average lot size of 1.2 acres within the developed portion of the site. A density bonus of 20%, or 6 additional units in this case, is available if the development is concentrated on only 20% of the site and the remainder is left open. As noted earlier, these policies provide a good start towards implementation of a community separator but they are not a stand-alone solution. Definitive evidence 3-4 is hard to come by, but several indicators suggest that this level of development is not consistent with the goals of maintaining community separation. In particular, survey results from the Northern Colorado Community Separator Study (See Chapter 2) indicate that a lower level of development is necessary to achieve the goals of community separation. In order to achieve this lower level of development, additional conservation efforts are needed. On a hypothetical 100-acre site lacking wetlands or other limitations to development, the 43 units otherwise allowed by the FA-1 zoning designation would need to be reduced to less than 10 units. This is somewhat consistent with practices in other jurisdictions designed to achieve community separation. In Sonoma County, California, for example, land use policies state that 1 uniU10 acres is the maximum intensity of development allowable within a designated community separator. Strategies for lowering the level of development in the separator area, such as purchase of conservation easements, are discussed in the next section. As shown in Map 3, portions of the planning area contain wetlands, particularly an extensive area located east of County Road 5 and South of County Road 42. These wetlands are identified on the National Wetland Inventory Mapping and shown on Larimer County's wetlands mapping. A recent field reconnaissance (September 2002) confirms that wetland vegetation is present at the site. Larimer County regulations prohibit structures and urban uses in wetlands, except those for educational or scientific activities. The regulations also provide for a buffer between wetland areas and development, which is generally defined as a distance of 50 feet for wetlands less than an acre in size and 100 feet for wetlands greater than an acre in size. Exceptions exist for high quality wetlands of less than an acre in size and discretion is provided to the Board of County Commissioners to reduce or enlarge the size of a buffer area if justified by a scientific evaluation. Implementation of these regulations should assure that a large area north of the Town of Timnath and east of County Road 5 should remain undeveloped. In the event that the Timnath GMA is not adjusted and large portions of the identified separator area are eventually annexed into the Town, it is recommended that the Town adopt a land use code that provides for clustering and other design standards that support community separator goals. In either event, i.e. development by County or Town land use policies, additional conservation efforts will be needed to fully achieve the goals of community separation. Acquisition of development rights, including the full range of potential strategies from fee simple purchase to conservation easements and donations, is discussed in the next section. Larimer County also has a Transferable Density Units (TDU) program. This program, which is discussed under the Fort Collins-Timnath-Windsor Separator, could potentially be extended to the Fort Collins-Timnath Separator if a suitable receiving area was identified within one or both of the municipalities. It is 3-5 • discussed later in this section due to the fact that the Fort Collins-Timnath- Windsor separator area is already included in the TDU program. 4. Acquire Selected Key Properties and Conservation Easements. For those areas within the separator without substantial development limitations, two basic approaches are available for conserving the area's rural character. One of these involves purchase of the property or some level of development rights and the other involves use of Larimer County's Rural Land Use Process (RLUC). Each of these is discussed separately below. In most situations, acquisition of a conservation easement is the preferred strategy for maintaining the rural character of the Fort Collins-Timnath Separator. This can either be accomplished through purchase from a willing seller, or in some cases, donation of some portion of the development rights by the property owner. Accounting for land with natural development limitations, e.g. wetlands, existing developed areas, and other considerations, it appears that less than 800 acres of land would need some form of additional protection. Given the desired character of a community separator in this area, it should be emphasized that purchase of all development rights on a parcel may not be necessary. In most cases, purchase of only those development rights greater than the community separator threshold previously discussed should be acquired. . The emphasis on conservation easements is not to say that full conservation through full fee simple purchase of properties is inappropriate. Instead, this approach acknowledges that funding is always limited and available resources should be used efficiently and in recognition of the goal of protecting rural character and not completely limiting additional development. The goal of completely limiting development is more appropriate in areas with sensitive wildlife habitat and where maintenance of viable agricultural uses is desired. Neither of these conditions is present within the Fort Collins-Timnath Separator. Based on an estimate of approximately 800 acres requiring further protection, the cost of acquiring conservation easements is anticipated to range from $5-8 million, depending on the level of donation and other factors. This estimate reflects a cost per acre of$6,300-$10,000/acre for purchase of conservation easements. This cost is very difficult to estimate. In addition to varying on the basis of the level of donation landowners in the area are willing to make, the cost will depend on the amount of development rights that must be acquired. As noted earlier, purchase of all development rights is not necessary to achieve the goals of community separation. If landowners are willing to sell just a portion of existing development rights, the costs of a conservation easement will be lower. In some cases, however, landowners may want to negotiate only on the basis of purchasing full development rights. These decisions will be made on a case by case basis and cannot be determined prior to entering into negotiations with individual landowners. Local sources of funding for land conservation are • provided by several sources, including a '/. cent sales tax in Larimer County that 3-6 is dedicated to open lands, parks and trails. This sales tax, which extends through 2018, generates approximately$3.5 million annually for Larimer County. The sales tax ordinance provides a revenue sharing mechanism so that each municipality in Larimer County receives a share based on population and/or sales tax receipts. Revenue generated by the county-wide sales tax and its distribution for the year 2001 is shown below. Larimer County $3,568,100 Berthoud $122,993 Estes Park $230,070 Fort Collins $3,326,105 Loveland $1,322,293 Timnath $5,892 Wellington $64,646 Total 1 $8,640,099 In addition to the county-wide sales tax, the City of Fort Collins has a Y. cent sales tax that is dedicated to natural areas protection and related purposes. This funding source is estimated to have generated $2.7 million in 2002. Voters in Fort Collins voted in November 2002 to extend this sales tax for a period of 25 years. The sales tax initiative, which is called Open Space Yes!, is a citizens initiative that places importance on the need to protect community separators. Because of the success of this initiative, additional funding will be available for community separator projects in the Fort Collins vicinity. Given the location of the Fort Collins-Timnath Separator and the level of funding available to the City of Fort Collins, the City will be primarily responsible for acquiring conservation easements in this area. As discussed later, Larimer County will take a stronger role in the Poudre River corridor portion of the Fort Collins-Timnath-Windsor Separator. Donation of some type of conservation easement is increasingly an element of conservation transactions. This is due to tax codes at both the state and federal level that allow deductions based on the value of the donation that is made. In Colorado, a recent amendment of state law provides that landowners can receive a tax credit of up to $260,000 per donation. This is a powerful incentive for some landowners to donate. The probability of obtaining some level of donation in implementing a separator strategy should not be discounted. 5. Rural Land Use Process. Larimer County's Rural Land Use Process (RLUP) provides an alternative to traditional large lot or 35-acre development. The process works best for landowners who have limited development objectives and an interest in preserving a portion of their land for agricultural use or other conservation purposes. The process is also attractive to landowners who want to avoid the sometimes complex and time-consuming requirements of a standard subdivision 3-7 process. Colorado State law provides that any parcel of land can be subdivided into parcels of 35 acres or more without going through a standard subdivision process and review by local government. A large amount of this type of land division has occurred in Colorado and in Larimer County. In order to provide an alternative to this type of subdivision, which often results in habitat fragmentation and parcels too small to remain viable for agricultural use, Larimer County adopted the RLUP in 1997. In order to participate, a landowner must have at least 70 acres of land. Among other things, the process requires that at least two-thirds of the total land area be preserved for agricultural, wildlife, and private open space. In return, a landowner is provided incentives, including additional development units, for agreeing to participate in the process. In addition, the Rural Land Use Process is less restrictive, faster, and more predictable in its outcome. Even with the award of additional development units, projects that develop through the RLUP are consistent with the goals of maintaining community separation. Therefore, the use of this process should be encouraged through land owner outreach efforts and other means to stimulate interest in the program. However, it is unrealistic to rely on this process as a primary means of implementing effective community separation in this area. 6. Adopt a Funding Mechanism. As Timnath grows, its share of Larimer County Open Lands tax will increase, enabling it to purchase conservation easements and leverage these funds with GOCO funding. The Town should also create a funding mechanism of their own, such as a density transfer tax like that of the Town of Berthoud. In Berthoud, each new building permit is assessed a $3,000 fee that is used for the purchase of conservation easements or other forms of land conservation. Eventually, as additional commercial uses emerge, a dedicated sales tax could also be utilized. Several small communities in Colorado have implemented a sales tax for open space protection. Fort Collins-Timnath-Windsor Separator This separator component focuses on preserving habitat along the Poudre River corridor while also establishing a community separator between Fort Collins, Timnath and Windsor. Much of the river corridor in this area retains an intact riparian community with mature cottonwood stands and an active bald eagle nest. The area also supports extensive areas of wetlands and is potential habitat for Preble's Meadow Jumping Mouse. Given these resource values, this community separator has a dual emphasis, focusing on resource protection within the river corridor and retention of a rural character in areas with less sensitive habitat values. The resource protection emphasis applies to the area along the riparian corridor, which is generally defined as an area extending 300 feet from the edge of the riparian zone along either side of the river. In certain places, such as the vicinity of the active bald eagle nest, the width of this protection zone should be increased to ''/. mile, which 3-8 is the generally recognized minimum distance for buffering an active bald eagle nest. Although certain activities, such as mining, could occur within the buffer zone in winter and other times of the year when the nest is not in active use, residential and other types of urban development that involve year-round use should be avoided. Many of the same implementation tools and strategies previously described are also applicable in the Fort Collins-Timnath-Windsor Separator. The previous discussion of these approaches will not be repeated. The following discussion highlights differences to the basic approach previously described and identifies additional tools that are relevant for this separator area. As shown in Map 3, it is anticipated that the Growth Management Areas of the Towns of Timnath and Windsor will be contiguous and the entire separator area will fall within one jurisdiction or the other. As a result, the community separator in this area will consist almost entirely of the river corridor and its associated floodplain. Early in the planning effort, prior to the emergence of an updated land use plan and new GMA for the Town of Timnath, a larger community separator in this area was envisioned, one more like that shown in Map 1 from the "Northern Colorado Community Separator Study". A larger separator, however, is not consistent with the development objectives of the landowners in this area and the new vision of the Town of Timnath. Some of these development plans may be long range and it's possible that they may evolve over time. In selected areas, such as those in proximity to the Poudre River Corridor, it would be desirable to increase the width of the separator. This is discussed further below. 3-9 Table 2. Fort Collins—Timnath —Windsor Separator Implementation Responsibility Comments Action Develop Timnath, Fort Collins, Although an IGA would not increase the size of Intergovernmental Windsor, Larimer the separator area, it could avoid further conflict Agreements County and competition for new development. Adopt 1-25 Design Timnath These standards have already been adopted by Standards Windsor and Larimer County,and are scheduled to be adopted by Fort Collins in the Spring of 2003. Utilize Appropriate Timnath,Windsor, This portion of the separator area is outside of Regulatory Tools Larimer County the Fort Collins GMA and municipal limits. Acquire Key Fort Collins,Timnath, Properties and Windsor, Larimer Conservation County Easements Adopt a funding Timnath,Windsor The Town of Timnath is eligible for a share of mechanism the County open lands tax. However,the availability of a local source of funds would enhance the Town's ability to implement projects of local interest and leverage GOCO and other funding sources. The Town of Windsor does not have a dedicated funding source for open s ace protection. Maintain coordination Larimer County lead There is a need for on-going coordination . among local among staff and elected officials to guide governments implementation of the separator ro ram. 1. Develop an intergovernmental Agreement (IGA). As noted previously, the Growth Management Areas for Timnath and Windsor have become contiguous through the community separator area. Nevertheless, An Intergovernmental Agreement has been created that formalizes these Growth management Areas to help avoid potential future conflicts. 2. Adopt 1-25 Design Standards. This recommendation is also applicable in this portion of the separator. As discussed in Chapter 2, the regional 1-25 Corridor Plan includes a number of provisions that contribute to community separation, including land use policies and design standards. These policies and standards should be adopted by the Town of Timnath in order to maintain a rural character on the east side of 1-25 through the community separator area. The plan has already been adopted by the each of the participating jurisdictions, and the design standards have been largely adopted by the Windsor and Larimer County.. Fort Collins is scheduled to adopt the design standards in the spring of 2003. 3. Utilize Appropriate Regulatory Tools. . Prior to annexation or other agreements, some development may occur within the separator area under Larimer County policies. To the extent they do, the 3-10 prior discussion of the Larimer County procedures is also applicable here. Similar policies should also be adopted by the Towns of Timnath and Windsor. In particular, policies are needed to protect the resources present within the Poudre River Corridor. The Town of Windsor's recently adopted comprehensive plan provides for a 300 foot buffer from sensitive areas such as the Poudre River corridor. Similar policies are needed in the Town of Timnath to protect natural values along the river corridor. Larimer County has also established a Transferable Density Units (TDU) program. Since its inception, nearly 600 acres have been protected by transferring development units from these sites to a designated receiving area in the City of Fort Collins. The focus of these efforts has been protection of a community separator between Fort Collins and Loveland, including protection of sensitive areas at Fossil Creek Reservoir. A TDU program is a very useful tool for accomplishing community separation and its use should be investigated for implementation of the Fort Collins-Timnath-Windsor separator. Much of the designated Fort Collins-Timnath-Windsor separator has already been identified as a "sending" area in the county program. The challenge, however, is to identify additional receiving areas. It is anticipated that conservation objectives in the Fort Collins-Loveland separator will fully utilize the designated receiving area that currently exists. Larimer County and the three communities, particularly Fort Collins, should work together to identify an additional receiving area for the Fort Collins-Timnath and Fort Collins-Timnath- Windsor separators. The on-going update of the Fort Collins City Plan may provide an opportunity to further explore this issue. 4. Acquire Selected Key Properties and Conservation Easements. This remains an important element of the implementation strategy for this portion of the separator. However, due to development limitations associated with the floodplain and gravel extraction, it is difficult to estimate the amount of area where acquisition of development rights will be necessary. One area where further conservation efforts are clearly necessary is the vicinity of the active bald eagle nest in the southern portion of the separator area. Gravel resources are present at this site and future mining is anticipated. Mining regulations do not provide assurance that the important habitat values present at this site, including the riparian community, will be adequately protected. For this reason, an element of the GOCO legacy grant request previously described includes funding for protection of this area. At a minimum, the riparian zone along the river corridor should be protected from mining and other forms of development in the vicinity of the eagle nest. This would amount to at least 160 acres of protected area, which is estimated to cost approximately$2 million. Larimer County and the City of Fort Collins will partner on this effort. In most cases, the preferred strategy will be to allow gravel mining to occur. The value of gravel resources, at least to some operators, is greater than its 3-11 appraised economic value. This is due to the fact that mining operators need a steady supply of gravel to remain in business. As a result, some owners of gravel rights state that these rights are "more valuable than money" and are not willing to sell them even at market values. Initial contact with one of the gravel operators in the planning area confirmed this reluctance to sell gravel rights. This, in conjunction with the fact that gravel properties often have limited development potential after mining, suggests that elements of an appropriate strategy include: • Target only the most sensitive areas, e.g. the bald eagle nest site, for pre- mining conservation efforts. • In other areas, defer further conservation discussions until after mining is completed or nearing completion. At that time, the anticipated post mining use could be reviewed in light of community separation and other resource protection goals. The need to acquire, through donation or purchase, some type of conservation easement could then be determined. Another tool available for buying down the development potential of properties in this separator area is for public agencies to simply purchase the TDUs from eligible properties in the Fort Collins-Timnath-Windsor Separator, without necessarily transferring that density to receiving area properties. This type of public purchase of TDUs could be made a more attractive implementation tool if public agencies could "bank" and resell TDUs. This would both help facilitate the entire TDU program and allow public land conservation agencies to leverage their limited funding. 5. Adopt a Funding Mechanism. The benefits of adopting a funding mechanism in the Town of Timnath were previously discussed. For the same reasons, a funding source dedicated to open space protection is also recommended for the Town of Windsor. The situation in Windsor is different in that the town is not currently eligible for a share of the Larimer County open space tax. The initiative that established the Larimer County sales tax limits a share of the proceeds to only those communities located wholly within Larimer County. Windsor is primarily located in Weld County, and for that reason, was not identified in the ordinance as one of the communities eligible for a share of the tax revenue. The Town of Windsor strongly believes that it should be eligible for a share of the revenue due to the fact that is has annexed into Larimer County, collects sales tax in Larimer County, and has residents living in Larimer County. Any modification to the open space sales tax ordinance, however, would require the approval of Larimer County voters. The timing of a potential modification being presented to the voters cannot be predicted at this time and the outcome of such an election is far from certain. For these reasons, the Town of Windsor has entered into discussions with representatives of the other jurisdictions in Larimer County who are recipients of the Larimer County Open Lands tax to see if a share-back 3-12 agreement listing Windsor as a beneficiary may be reached in order for Windsor to receive a portion of this tax to apply towards the Fort Collins-Timnath-Windsor Separator Program. Additionally, Windsor is investigating the possibility of developing other dedicated funding sources for open space protection. Study Finding Summary and Conclusions The major outcomes of this study are briefly recapped and summarized below. 1. Opportunities clearly exist to implement community separation in the Fort Collins/ Timnath /Windsor area. There are substantial tracts of land with characteristics that could contribute to meaningful community separation. Many landowners are not yet committed to specific development plans, and some have expressed a willingness to explore voluntary conservation strategies for their property. The concept of implementing community separators through voluntary measures with willing landowners appears not to be overly controversial. 2. There is strong local support for establishing effective community separators in the area, as evidenced by Timnath's successful update to its comprehensive plan to both accommodated and reflect the community separator opportunities. 3. While opportunities and support clearly exist for community separators in the area, the definition and character of the potential separators are different than originally identified in the 1999 Northern Colorado Community Separator study. Rather than a single, agriculturally oriented potential separator area to the south of Timnath, two smaller, more distinct, potential separator areas exist: • The Fort Collins /Timnath Community Separator north of Timnath. This area is characterized by small-scale farming and existing rural residential development. The primary implementation strategy in this area will be to either purchase properties outright or to reduce the development potential to truly rural densities through conservation easements or deed restrictions. • The Fort Collins /Timnath /Windsor Community Separator south of Timnath. This area consists of the Poudre River valley and floodplain. It contains critical riparian habitat and offers potential for passive recreation opportunities. The Fort Collins-Greeley trail is planned to connect through this separator area. The primary implementation strategy for this area will be to work to purchase development rights and restore lands . after gravel mining. Efforts to protect a '/+ mile buffer along the river from mining should be pursued. 3-13 • 4. While limited development through Larimer County's cluster development zoning requirements and the Rural Land Use Center process can contribute to these separators, meaningful implementation of these community separators will require significant purchase of properties or development rights by public agencies. 5 Until Timnath and Windsor adopt open space funding mechanisms, Fort Collins and Larimer County will need to fund most property and development rights acquisitions in the area. Fort Collins has a far greater interest in implementing the Fort Collins /Timnath Separator than Larimer County, while both agencies share interests in protecting the Poudre River Valley through the Fort Collins/Timnath/Windsor community separator. 6. Land in the separator area are under increasing development pressure, and it is imperative that additional work with area landowners continue in a timely manner or these community separator opportunities will likely be lost to development. • 3-14 MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: April 23, 2003 TO: Mayor and Council Members FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board SUBJECT: NRAB Recommendation on the Community Separator Study At its April 16, 2003, regular meeting, the Natural Resources Advisory Board (NRAB) recommended that Council accept the final February 2003 version of the Fort Collins —Timnath —Windsor Community Separator Study. In recommending acceptance of the Community Separator Study, the NRAB wishes to emphasize the following points: • Fort Collins, the City Council, and the NRAB have long advocated implementation of effective and meaningful community separators between our neighboring cities and towns; • Although a wide variety of land conservation tools are available, a majority of the Board believes true community separation is achievable primarily through fee simple acquisition of properties with secondary emphasis on purchase of conservation or agricultural easements and development rights. • Outside of entering into the recommended intergovernmental agreements and other administrative actions, implementation of this study must and will be mainly Fort Collins' responsibility because none of the other participating jurisdictions have funds available for acquisition of community separators. • In September 2002, Council provided clear policy direction for the use of up to $16 million in natural areas funds to protect our community separators. • Residential or commercial development under Larimer County's land use code or Rural Land Use Process cannot nor should not be relied upon as the primary or even secondary implementation tool for implementation of true community separators. The current track record of so-called cluster development under County standards indicates, in the Board's opinion, that these tools will not effectively protect the existing rural character or result in meaningful community separation. • The NRAB believes rapid implementation of this study is imperative because most of the properties within the identified Fort Collins—Timnath —Windsor separators are currently under intense development pressure. Opportunities to implement this study may be lost in the near future unless decisive action is taken to implement this study. • Along with acceptance of the study, the Board recommends that Council provide clear, strong direction to make implementation of the study one of the City's highest priorities. As always, please feel free to contact me with any comments or questions regarding the NRAB's recommendation on the community separator study. Yours truly, NRAB Recommendation—Community Separator Study I April 23,2003 MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD Randy Fischer, Chair Natural Resources Advisory Board 226-5383, e-mail: karandna frii.com cc: John Fischbach Greg Byrne Tom Vosburg NRAB Recommendation—Community Separator Study 2 April 23,2003