HomeMy WebLinkAboutConstituent Letter - Mail Packet - 1/24/2023 - 13 - Letter From Mayor Jeni Arndt To Natural Resources Advisory Board Re: 1041 Regulations Draft
Mayor
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2154
970.224.6107 - fax
fcgov.com
January 19, 2023
Natural Resources Advisory Board
c/o Honore Depew, Staff Liaison, Senior Manager, Environmental Sustainability
PO Box 580
Fort Collins, CO 80522
Dear Chair Metcalf and Board Members:
On behalf of City Council, thank you for providing us with the January 19, 2023 memorandum
regarding the Board’s recommendations regarding 1041 Regulations draft. Thank you for
outlining your perspectives that the Regulations would offer the City greater authority over
public development projects, specifically dealing with highways and interchanges and water
projects.
The 1041 Regulations are scheduled to come to City Council during the February 7, 2023 regular
meeting. We encourage you to view the proceedings that night at City Hall, online or on FCTV,
if you wish.
Thank you for the expertise and perspectives that you bring to the Natural Resources
Advisory Board and sharing them with City Council.
Best Regards,
Jeni Arndt
Mayor
/sek
cc: City Council Members
Kelly DiMartino, City Manager
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE:January 19, 2023
TO:Mayor and City Council Members
FROM:Natural Resources Advisory Board
SUBJECT:Recommendations Regarding 1041 Regulations Draft
Dear Mayor and Councilmembers,
On December 15, 2022, Kirk Longstein, Senior Environmental Planner, presented on the
updated draft of 1041 Regulations. The purpose of this memo is to express considerations and
recommendations regarding the potential future adoption of 1041 Regulations. As a Board that
prioritizes the conservation of natural resources and the impact they have on the future of our
community, the Board views the 1041 Regulations as a legal method to offer the City greater
authority over public development projects, specifically those that deal with Highways and
Interchanges and Water Projects, that qualify as areas or activities of statewide interest.
In the most recent draft of the 1041 Regulations, the change of threshold definition from
“Finding of No Significant Impact” (FONSI) to “Finding of No Adverse Impact ” (FONAI) is
supported by the Board. Additionally, the Board further strongly advocates for the consideration
of cumulative impacts as it pertains to environmental degradation and disproportionately
impacted communities. To assess short, and long-term effects of projects evaluated under the
umbrella of 1041 Regulations, the Board recommends adoption of a monitoring program. A
defensible monitoring program that includes measurable indicators of project impacts, both
positive and negative, and how these metrics change over space and time. By analyzing the
cumulative effects and monitoring project impacts, potential long-term environmental, social,
and economic impacts can be more adequately understood. Utilizing the Considering
Cumulative Effects Under the National Environmental Policy Act is one recommended starting
point for consideration for creating a system on monitoring and cumulative impacts.
Additionally, the Board recommends an adoption of 1041 Regulations that do not impose
geographic limitations as a filter at the front end of the review process (as currently defined and
proposed in “Version 2 of the Draft 1031 Regulations”). Ecological systems, and their social
impacts, are open systems that do not recognize ownership or political boundaries.
Further, the Board advocates for the addition of a definition of “Natural Resources” in the 1041
Regulations. The Board would recommend considering the existing definition for “Natural
Habitats and Features” that can be found in the Land Use Code, but with the intentional
addition of ecological corridors, including waterways, to incorporate not only habitat protection
but also to secure the connectivity patterns that Northern Colorado flora and fauna need to
thrive. Habitat protection, corridors, and connectivity as defined in the Nature in the City ’s
Habitat Corridor Analysis and through Colorado Parks and Wildlife’s classification of High
Priority Habitats.
The Board is concerned that currently proposed development projects will have permanent and
pronounced reductions in the integrity of the Cache la Poudre River ecosystem and various
Natural Areas within the bounds of Fort Collins. Through the adoption of 1041 Regulations with
the aforementioned considerations, proactive efforts can minimize adverse impacts to natural
features, historical cultural resources, and disproportionately impacted communities.
The Board views the 1041 Regulations as instrumental in achieving Our Climate Future goals,
particularly as it pertains to the “Big Move 3: Climate Resilient Community,” “Big Move 11:
Healthy Natural Spaces,” and additional environmental health goals outlined in the City’s
strategic plan.
Thank you for your time and consideration on this issue and its future implications for the
community.
Very Respectfully,
Dawson Metcalf, MS
Chair, Natural Resources Advisory Board