Loading...
HomeMy WebLinkAboutMemo - Mail Packet - 4/25/2023 - Memorandum From Land Conservation & Stewardship Board (Lcsb) Re: 1041 Regulations MEMORANDUM DATE: April 20, 2023 TO: Mayor and City Councilmembers FROM: Land Conservation & Stewardship Board RE: 1041 Regulations Please see the attached memos from January 11, 2023 and March 8, 2023 which the LCSB is re- submitting to City Council in advance of the May 2, 2023 City Council meeting agenda item regarding 1041 Regulations. Thank you. MEMORANDUM Land Conservation & Stewardship Board To - Fort Collins City Council From - Land Conservation and Stewardship Board (LCSB) Date - January 11, 2023 Subject - 1041 Regulations Recommendations While the Board appreciates that Natural Areas is of one of the three geographic areas to which the draft 1041 regulations apply, we recommend utilizing the broader range of 1041 regulatory measures available to local governments under C.R.C. § 24-65.1-101 et seq. and the City’s Home Rule status to strengthen the regulatory authority and commitment of the City of Fort Collins to protect public health, safety, and welfare, the environment and wildlife resources within our city boundaries. Please note that this memo was written in January 2023 prior to receiving the third major iteration of the 1041 draft regulations. Therefore, this memo is based on presentations and briefings from City Staff. As indicated by staff, the draft regulations will not be published for public review until just prior to the January 25, 2023, Planning and Zoning Commission meeting. The LCSB members intend to review any updates from staff, including the next major update of the draft regulations, and comment further as needed. Concerns and Recommendations: ● Geographic Thresholds: The reduction in geographic scope from a city-wide application, inclusive of both city-owned property and property owned by private residents, to a substantially reduced scope is disappointing and fails to comply with original Ordinance, No. 122, 2021. While we appreciate that Natural Areas is of one of the three geographic areas that are protected by 1041 Powers, we also acknowledge that impacts to our Natural Areas can arise from projects occurring offsite of Natural Areas, for instance, with hazardous materials leaks from construction and maintenance operations, or upstream water diversions that affect historic downstream hydrological flows. Natural areas are inextricably interconnected with adjacent areas. LCSB therefore recommends that Council continue to develop and strengthen its 1041 regulations to the maximum extent permissible under State law. ● FONSI vs FONAI: The well-established “Finding of No Significant Impacts” (FONSI) process is well-understood in environmental law and practice. It has been used over many decades and has case law and regulatory interpretation supporting it. In contrast, the “Finding of Negligible Adverse Impacts” (FONAI) process is subjective and not widely used. LCSB recommends that Council retain the FONSI evaluation standard. MEMORANDUM Land Conservation & Stewardship Board 1/11/2023 Page 2 ● Activities and Areas of State Interest: The LCSB recommends that Council expand the covered 1041 Activities to include Mineral Resource Areas to strengthen the City’s regulatory authority over any proposed mineral extraction development and operations related to siting of surface or subsurface oil and natural gas wells or conveyance pipelines, sand and gravel extraction, or other extractive Activities as allowed by State statute. ● Buffer Zones: The Buffer Zones that exist in the City Code today are too small with respect to adverse impacts and are frequently compromised by existing development. The existence of the built environment does not mitigate potential impacts of the covered 1041 Activities. LCSB recommends that an ecologically-sound Natural Resources Buffer Standard be developed that would protect Natural Areas from on- and off-site impacts and require complete remediation should such impacts occur despite the existence of these regulations. ● Outreach and Neighborhood Meeting: For each application, LCSB recommends that the City should conduct a robust outreach process and include responses to any concerns collected in the Neighborhood Meeting and public comment process as a distinct criterion for the initial FONSI or FONAI determination. ● Financial Security Requirements: An ad-hoc process is not predictable for applicants or residents. LCSB recommends that guidelines and expectations regarding Financial Security be codified in policy. ● LCSB recommends that all projects that impact Natural Areas require full review regardless of project thresholds, including modifications and enlargements. Finally, although LCSB recognizes that Staff was constrained in which potential 1041 Activities and Areas of Interest it was allowed to explore, we recommend that Council continue to further develop 1041 regulations which cover all possible city-wide Activities and Areas of Interest as allowed by State statute. MEMORANDUM Land Conservation & Stewardship Board To - Fort Collins City Council From - Land Conservation and Stewardship Board (LCSB) Date - March 8, 2023 Subject - Land Conservation and Stewardship Board input on Draft 1041 Regulations This memo is to provide City Council with an update on the discussion of the 1041 regulations and the federally designated Cache la Poudre River National Heritage Area during the Land Conservation and Stewardship Board (LCSB) meeting on March 8, 2023. 1041 Draft Regulations are scheduled to be discussed at the May 2, 2023, City Council meeting. Chair Cunniff made a motion that the Land Conservation and Stewardship Board recommend that City Council designate the Cache la Poudre River National Heritage Area as an area of statewide interest, with respect to 1041 regulations consistent with Colorado Revised Statutes 24-65.1. Member Elson seconded the motion. The motion was approved unanimously 7-0.