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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/14/2015 - NATURAL AREA LAND AND WATER ACQUISITIONDATE: STAFF: July 14, 2015 John Stokes, Natural Resources Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Natural Area Land and Water Acquisition. EXECUTIVE SUMMARY The purpose of this item is to provide an overview of land and water conservation activities by the City’s Natural Areas Department, to suggest improvements as to Council engagement in the acquisition program, and to seek general Council guidance. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have any concerns, questions, or suggestions with respect to land and water acquisition efforts? 2. Are the suggested improvements to how Council can be involved in and kept abreast of the acquisition program valuable and are they sufficient? BACKGROUND / DISCUSSION The purpose of this agenda item is to provide an overview of land and water conservation activities by the City’s Natural Areas Department, to suggest improvements as to Council engagement in the acquisition program, and to seek general Council guidance. Staff will provide information about the history of the activities and the current approach to identifying, pursuing, and finalizing transactions. Acquisition priorities primarily are informed by the Natural Areas Master Plan as well as other plans and policies such as Nature in the City and Plan Fort Collins. Potential conservation lands are identified through a careful review of parcels that fit the City’s conservation objectives as expressed by adopted plans. Potential projects are analyzed for their conservation, recreation, and cultural values and discussed with the Land Conservation Stewardship Board, as well as potential internal and external partners. At any given time, staff maintains relationships with numerous landowners and, as opportunities arise, will act opportunistically to pursue transactions that align with adopted plans. If a potential transaction exceeds $2 million or has the potential to be controversial, Council-adopted policy stipulates that the project will be reviewed by Council. Land and water acquisition continue to be fundamental to the City’s conservation efforts. Two voter-approved measures provide funds for these purposes, the County’s Help Preserve Open Space sales tax (a portion of which is shared with the City) and the City’s sales tax, Open Space, Yes (OSY). Revenues from these taxes are administered by the Natural Areas Department. A significant portion of the revenues are allocated to acquisition and OSY requires that 80% of revenues be dedicated to land and water conservation or restoration. The acquisition of land for conservation and recreation purposes continues to be strongly supported by Fort Collins’ and Larimer County residents. In 2014, Help Preserve Open Space was renewed with a positive vote from 82% of the citizens. Natural Areas and trails consistently receive positive scores in the mid-90th percentile in the semi-annual Fort Collins citizen survey. The results of a 2013 citizen survey for the Our Lands Our Future effort (a Countywide open space planning effort) showed continued strong support by Fort Collins residents for land conservation and trail development. July 14, 2015 Page 2 Efforts to conserve land in Fort Collins for habitat and other purposes began in the 1970s. In 1973 a referendum was passed that provided support for acquisition of open space. In 1974 an Open Space Plan was adopted by City Council. In 1992 the Natural Areas Program (now Department) was established to administer conserved lands and the first sales tax dedicated entirely to conserving land and habitat was passed by the voters. Since those early efforts, the City, through its Natural Areas Department, has conserved 40,500 acres, including 5,816 acres of conservation easements (deed restrictions that eliminate all or most development rights and conserve the land for habitat or farming). Natural Areas are used extensively by the community for outdoor activities, including hiking, running, biking, nature observation, and fishing. Currently 40 of 43 Natural Areas are open to the public; the other 3 areas will be opened in the future. The Natural Areas system includes 114 miles of trails - including 9.3 miles of the paved trail system managed by Parks. Conserved lands generally fall into three categories: local (within or very near the Growth Management Area); community separators (for example land between Loveland and Fort Collins that keep the communities from growing together); and, regional properties (for example, Bobcat Ridge or Soapstone Prairie Natural Areas). The percentage of land and total acres conserved in each category is as follows: Local 12% or 5,033 acres Community Separators 14% or 5,764 acres Regional 74% or 30,938 acres Bobcat Ridge and Soapstone Prairie Natural Areas comprise most of the regional acreage at 2,604 acres and 22,258 acres respectively. Conservation Priorities In 2014 City Council adopted an updated Natural Areas Master Plan. The plan can be found at: <http://www.fcgov.com/naturalareas/masterplan/index.php>. The Plan describes the priorities of each land conservation category for the next ten years (please see Attachments 1 and 2, which provide a high-level overview of conservation zones). The priorities in order of relative importance are: 1. Local lands, in particular the Bellvue area; the Poudre River corridor; neighborhood areas; and, the foothills. A key implementation approach will be partnerships with Nature in the City, Utilities, and Parks to conserve lands that serve multiple purposes. 2. Community Separators, in particular conservation in the Wellington; Loveland; and, the Windsor separators (essentially the Poudre River corridor east of I-25). 3. Regional conservation efforts will be a lower priority, although there are likely to be opportunities worth pursuing, in particular partnership efforts with Larimer County in the foothills west of Fort Collins and key parcels in the Laramie Foothills area (essentially the Soapstone and Meadow Springs Ranch complex). Project Evaluation In addition to the Land Conservation Focus Area maps, staff maintains detailed interactive web-based maps that identify specific parcels of interest. The parcels are highlighted based on their proximity to other conserved lands, their conservation or recreation attributes, and how they contribute to the conservation objectives of the City as expressed in the Natural Areas Master Plan, Nature in the City, Plan Fort Collins and various other plans and initiatives (such as Park plans or Stormwater projects). At any given time, staff may be working with a dozen or more landowners and several partners on possible conservation opportunities. Water rights sometimes are acquired with land purchases. Natural Areas will retain these rights if needed for irrigation or for other purposes such as augmentation, instream flow, or other environmental benefits such as wetlands. Occasionally Natural Areas will acquire a stand-alone water right, for example the Coy Ditch right, in order to advance water rights administration and environmental needs. July 14, 2015 Page 3 Staff’s approach to land and water conservation is both planned and opportunistic. For example, staff recently approached a landowner on the Poudre River who owned several parcels that were identified as high conservation priorities. The landowner was amenable to a sale and the project is moving forward. In another recent example, staff was approached by an owner’s representative and that project is now moving forward towards a potential acquisition. Specific criteria are utilized to help determine if a parcel meets the City’s various conservation objectives. A Parcel Evaluation Form (Attachment 3) identifies values and rates them with respect to various criteria (Attachment 4). All projects are reviewed with Natural Areas senior staff and the Land Conservation and Stewardship Board to insure that they meet the City’s conservation objectives and priorities. Council Engagement Current Council-adopted policy calls for projects with costs of $2 million or above, or those projects that may be controversial, to be reviewed by City Council (Attachment 5). At the time of the Policy’s adoption, the concept embraced by Council and staff was to keep the City nimble in its acquisition efforts; in alignment with adopted plans and policies; and, responsive to Council oversight when the stakes were perceived to be somewhat higher. Staff is required to report out on a regular basis regarding its acquisition activities and does so through the City Manager’s report, as well as an annual report. The information in the City Manager’s report, however, is confined to “acres and bucks”; in other words how much land has been acquired and how much it cost. Occasionally staff will send a confidential memo to Council that describes a specific transaction and requests feedback to the extent that Council wishes to provide any. Council recently has asked how it might be better engaged in the land acquisition program. In addition to the tools already in place, staff suggests that it provide a brief but detailed narrative report that provides an update on the portfolio of potential or pending land and water transactions. The report would be provided quarterly. In the near term, staff also plans to arrange an executive session with Council to discuss potential transactions in detail. In addition, Council will consider several proposed transactions at its August 18 regular meeting. Recent Activities Recent land conservation activities have been centered on the Poudre River corridor. Of the fourteen parcels acquired in the last two years, twelve are on the River corridor. The remaining two parcels are local, with one located on North College and the other near the intersection of Laporte and Taft Hill (see the description of the Forney property, below). Partnered projects continue to be important. Examples include:  A partnership with the Housing Authority and Neighbor to Neighbor to lease 5 acres around Redwood Pond to create a neighborhood natural area. The area will serve the adjacent affordable housing developments as well as the larger neighborhood.  Joint purchase with the Stormwater Utility of the 37-acre Forney property which will be developed/restored as a regional storm water detention facility and natural area in the future (similar to Red Fox Meadows).  Joint purchase with the Water Utility of the Rigden gravel pit; which has been transformed into a water storage reservoir to serve Utilities and Natural Area needs. The site will be managed by Natural Areas as a part of Arapaho Bend Natural Area. Parks will construct a new one-mile section of the Poudre River Trail around the north side of the reservoir and Natural Areas and Utilities will construct a trail/service road around the south side of the reservoir to create a two-mile long loop trail. To create the reservoir large quantities of material needed to be removed. Natural Areas purchased two adjoining gravel mines which provided cost- effective locations to haul and place excavated material. The two former mines are undergoing restoration to wetland, riparian, and upland habitat.  A joint purchase with the Stormwater Utility of land and a conservation easement along the Poudre that made possible the conservation of 38 acres of land; the construction of the Mail Creek stormwater outfall channel; and, the creation of a trail connection from Lincoln Junior High to the Poudre. July 14, 2015 Page 4  Acquisition of the last 40% of the Coy Ditch water right, the 13th right in priority on the Poudre River. This water currently is in a change case to allow Natural Areas to use the water for a variety of purposes, including augmentation and instream flow. Acquisition of this right will also help make possible the whitewater park because the drop associated with the diversion structure can be utilized to help create kayaking waves.  Several potential partnerships with Larimer County on joint acquisitions in the foothills to the west of Fort Collins and adjoining other conserved lands. Conclusion The City continues to acquire key properties and water rights that contribute to its overarching objectives to conserve natural habitats, provide access to nature, and, to support the community’s sense of place and identity. Going forward, the emphasis will be placed on projects that are local and that support Nature in the City objectives as well as other City objectives such as stormwater management. Staff recommends a more regular and detailed communication process with Council to enhance Council knowledge and oversight of land and water programs. ATTACHMENTS 1. Land Conservation Focus Areas (PDF) 2. Land Conservation Current Priorities Focus Map (PDF) 3. Land Evaluation Form - Template (PDF) 4. Conservation Values Key for Land Evaluation Form (PDF) 5. Resolution 2005-136 (PDF) 6. Powerpoint presentation (PDF) !"`$ yI ³I ³I ÕZYXW ÕZYXW Wellington Fort Collins Loveland Foothills/Buckhorn/Redstone Fort Collins-Loveland Separator Lower Poudre and Windsor Separator Meadow Springs Laramie Foothills Owl Canyon Dry Upper Creek Poudre Wellington Separator Rist Canyon Fossil Creek Corridor Poudre Corridor Foothills Corridor Bellvue Core Natural Areas WELD COUNTY LARIMER COUNTY WYOMING COLORADO Land Conservation Focus Areas Local Community Separators Regional Public Conserved Lands City of Fort Collins Natural Area Larimer County Open Space Other Public Open Space State Parks and Wildlife Federal Land Conservation Easements City of Fort Collins City of Fort Collins shared with others Others 02468 Miles ATTACHMENT 1 !"`$ ³I ÕZYXW ÕZYXW Wellington Fort Collins Loveland Land Conservation Focus Areas Local Community Separators Regional Public Conserved Lands City/County/State Conserved Lands Federal Land ATTACHMENT 2 Land Conservation – Parcel Evaluation Form Section 1: Parcel Description Parcel Name/Owner: Parcel Number(s): Date of Initial Site Visit or Contact: Physical Location (Address or Section, Township, Range): Priority Focus Area: Acres: County/City: Mineral Rights: Water Rights: Appraised/Estimated Land Value: Appraised/Estimated Mineral Value: Appraised/Estimated Water Value: Zoning: Landowner(s): Attorney/Representative: Phone: Phone: Address: Address: Email: Email: Stakeholders/ Potential Partners (list all that may apply and name the applicable party) Acquisition type (circle all that may apply) Fee Purchase Fee Donation CE Purchase CE Donation Bargain Sale Trail easement Testamentary Gift Cooperative Agreement/Lease Trade /Exchange Other (explain): Property Description Details (History/background, land characteristics, improvements, water and mineral rights, access, development threat, etc.) ATTACHMENT 3 Section 2: Project Evaluation Conservation Value Assessment: Scoring: High (H), Medium (M), Low (L), Not Applicable (N/A) General Values Rating Supplemental Values Rating Size H M L N/A Community separation H M L N/A Connectivity/Contiguity/Buffers H M L N/A Scenic resources & viewsheds H M L N/A Property Condition H M L N/A Agricultural values H M L N/A Ecological Values Cultural resources H M L N/A Landscape Connections & Corridor Values H M L N/A Alignment w/NAD Master Plan or other City plans H M L N/A Waterways H M L N/A Public Access H M L N/A Riparian & Wetland Areas H M L N/A Recreational Opportunities H M L N/A Prairie Vegetation H M L N/A Educational Opportunities H M L N/A Foothills Vegetation H M L N/A Specific Property Information (Briefly describe the: vegetation and habitat values; scenic values; agricultural values; cultural/historical/archaeological resources; and the appropriate recreation opportunities): Project Logistics (timeline, special considerations/approvals needed, grant funding): Describe Other Project Considerations (feasibility, potential pitfalls):  Is the property owner willing to sell?  Is there a good legal description or survey of the Property?  Are all Property boundaries known and marked?  Are there negative tax or legal issues?  Are there unresolved title issues?  Are there zoning or development rights issues?  Are there existing mineral, oil and/or gas leases?  Other leases?  Are there known hazardous materials on the Property?  Are there other liability or safety issues?  Would there be significant enforcement issues?  Site cleanup requirements? Specific comments regarding project considerations: Staff Recommendation: (include rationalization) Conservation Values Assessment Key Conservation Values The mission of the Natural Areas Department is to conserve and enhance lands with natural resource, agricultural, and scenic values, while providing meaningful education and recreation opportunities. These conservation value ratings are intended to inform decision making, not confine it. Value Definition Ranking Size Regional > 250 acres, Community Separator > 80 acres, Local > 20 High Regional > 100 acres, Community Separator > 40 acres, Local > 10 Moderate Regional < 100 acres, Community Separator < 40 acres, Local < 10 Low Connectivity Adjacent to protected area or public land High Adjacent to planned protected area or surrounded by undeveloped land Moderate Isolated - surrounded by developed land Low Property/Infrastructure Condition Property is free of structures and High Property requires some restorative management (weed control, minor cleanup) but other infrastructure such as fencing, headgates, etc. is in functional condition. Moderate Property requires significant restoration and or/cleanup (e.g. farm dump site, structure demolition) Low Species or Community Uniqueness Presence of threatened, endangered, candidate, species of special concern or relatively intact native community High Not unique in any particular way, but in generally good condition Moderate Property has significant weed problem or requires significant restoration Low Landscape Connections & Corridor values Property provides critical corridor for movement of wildlife from one habitat to another High Property functions or could function as corridor depending on status of adjacent properties Moderate Property is isolated by development Low Waterways Waterway contains year round flows or is relatively free from human impacts High Waterways that do not meet “high” criteria; can include “naturalized” channels Moderate Waterways either non-existent or highly eroded or channelized; may be adjacent to developed areas or other impacts. Includes drainage ways and detention ponds. Low Riparian & Wetland Areas Property contains wetlands/riparian corridors that support multiple purposes (e.g. habitat, stormwater management, greenway, etc). High Property contains functional wetland or riparian habitat including native species and a diverse plant community High Property contains wetlands or riparian areas in good to fair condition, some restoration required (functional at-risk) Moderate Property contains degraded, non-functioning wetland or riparian areas requiring significant restoration Low Prairie Vegetation Property contains functional prairie habitat including native species and a diverse plant community. High Value Definition Ranking Community Separation Property is in identified CS High Property not in identified CS area, but functions by maintaining open character ocomco Moderate Property is rural or located such that it is not applicable Low Scenic Resources & Viewsheds Visible from a populated location or significant travel way High Local scenic importance Moderate Secluded or not visible to the general population Low Agricultural Values Productive farm or ranchland High Moderate or marginally productive farm or ranchland Moderate Eroded, degraded or otherwise unproductive; restoration would be difficult Low Alignment with NAD Master Plan or other City plans The property aligns with goals in the Master Plan and one or more City plans. High The property aligns with goals in the Master Plan. Moderate The property does not fall within parameters of the Master Plan or other City plans. Low Historic/Archaeological/ Cultural Resources Property is known to include significant cultural resources High Property has limited cultural resource values Moderate Property known not to have significant cultural resources Low Public Access High levels of visitor use experience; visitor use is compatible with resource protection High Visitor use can be managed to protect resources Moderate Public access would conflict or impact resource protection or no public access Low Recreation Opportunities High appropriate recreation opportunity with extensive public access High Appropriate recreation opportunity but with limited public access Moderate No recreation opportunity Low Education Opportunities Property is close to schools or has high potential for a field trip opportunities; high opportunity for a nature center or other educational resource High Property has some field trip potential, opportunity for interpretive features but not as extensive as a nature center Moderate Property may be distant from urban center or has few or limited educational opportunities and little or no field trip potential Low ATTACHMENT 5 1 City Council Work Session: July 14, 2015 Land and Water Conservation ATTACHMENT 6 2 Direction • Does Council have any concerns, questions, or suggestions with respect to land and water conservation efforts? • Are there suggested improvements to how Council can be involved in and kept abreast of the conservation program valuable and are they sufficient? 3 Overview • Efforts began in early 1970’s • ~41,700 acres conserved • ~35,000 acres in fee • 114+ miles of trail 4 Conservation Planning 5 6 7 Evaluation Criteria • Connectivity for Wildlife and for People • Habitat • Community Separation • Scenic Values • Alignment with Planned Objectives 8 Partnerships • Nature in the City • Multi-purpose Lands – Stormwater – Parks • Larimer County 9 Projects 10 Projects 11 Water 12 Council Engagement • Resolution adopted in 2005 – Projects $2 Million and over – Projects that raise significant policy considerations 13 Reporting Tools • Quarterly City Manager Report – Current $$ and Acres • Annual Report 14 Proposed New Quarterly Report • Narrative Report • Details and updates regarding specific projects • Occasional executive sessions • Regular meeting scheduled for August 18 Property contains grasslands in good to fair condition, some restoration required (functional at-risk) Moderate Property contains degraded and/or non-native grasses requiring significant restoration. Low Foothills Vegetation Property contains functional foothills habitat including native species and a diverse plant community. High Property contains shrub and/or open woodlands in good to fair condition, some restoration required (function at-risk) Medium Property contains degraded and/or non-native species requiring significant restoration. Low ATTACHMENT 4