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HomeMy WebLinkAboutMemo - Read Before Packet - 5/16/2023 - Memorandum From Kirk Longstein Re: 1041 Regulations Covering City-Owned Natural Areas Outside Of The City Limits – Agenda Item 9 On May 16, 2023 City Council Meeting Agenda – Second Reading Of OrdinanPlanning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Page | 1 1041 Regulations MEMORANDUM DATE: May 16, 2023 TO: Mayor and City Council THRU: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager Caryn Champine, Director of Planning, Development and Transportation Paul Sizemore, Community Development and Neighborhood Services Director Clay Frickey, Interim Planning Manager FROM: Kirk Longstein, Senior Environmental Planner RE: 1041 regulations covering city-owned Natural Areas outside of the City limits – Agenda Item 9 on May 16, 2023 City Council meeting agenda - Second Reading of Ordinance No. 071, 2023, Amending the Land Use Code to Include Guidelines and Regulations for the Administration of Designated Areas and Activities of State Interest. The purpose of this memo is to provide information on how the City protects City-owned natural areas that are outside the city limits from impacts of large water, wastewater, and highway projects and other infrastructure development activities. Bottom line:  Activities designated by Larimer County with proposed alignment through City-owned natural areas outside of city limits would be subject to the Larimer County 1041 regulations.  City Natural Areas located outside of the city limits include existing easements that pre- date the City’s ownership.  The standards included within the current Natural Areas easement policy apply to these areas including post construction mitigation and restoration requirements.  The natural areas department is currently working with County staff to rezone City- owned properties within county jurisdiction to the “Natural Resource Zone District.” This rezoning would not prevent a new easement application but limits the allowed use and potential utilities alignment. Staff analysis: City-owned natural areas within unincorporated Larimer County are subject to Larimer County’s permit requirements and code standards, including Larimer County 1041 permit approval standards. City staff may provide comments during a 1041 review process and serve in an advisory capacity to County Commissioners. Additionally, any proposed use by a party other DocuSign Envelope ID: 4E731298-A7AF-4BED-A836-A3CBE218AAF2 Page | 2 1041 Regulations than the Fort Collins Natural Areas Department would require an easement. Such projects need to demonstrate there is no feasible alternative route outside of the city-owned natural area and a plan for restoring any disturbance to as good or better condition. To date, the existing regulatory framework in place by the County’s 1041 regulations and the City’s natural areas easement policy has adequately protected the city’s interest within the Larimer County’s jurisdiction. Staff anticipate future requests for a Natural Areas easement that would impact Kingfisher Point Natural Area which is inside and outside city limits. Larimer County 1041 regulations: Larimer County 1041 regulations permit designated activities within the County’s jurisdiction, including projects located on city-owned natural areas outside of the City limits. Larimer County recently revised its 1041 regulations, which were adopted by the County Commissioners in January 2022. Larimer County regulates a longer list of activities of state interest than currently proposed by the City of Fort Collins, including:  Electric power plants  Nuclear power plants  Wind power plants  Electric transmission lines (69,000 volts+) and expansions of existing transmission lines  Electrical substations (69,000 volts+)  Natural gas transmission pipelines  Domestic water and sewer transmission lines  New or expanded water storage reservoirs  Solar energy power plants  State-owned and operated collector and arterial highways and interchanges Since 2021, Larimer County has only received two 1041 applications, including:  One domestic water transmission pipeline (NEWT 3) - approved by the Board of County Commissioners in April 2023  One large-scale solar facility - still in completeness review CC: Julia Feder, Environmental Program Manager, Natural Areas Department Katie Donahue, Director, Natural Areas Department Brad Yatabe, Senior Assistant City Attorney Carrie Daggett, City Attorney DocuSign Envelope ID: 4E731298-A7AF-4BED-A836-A3CBE218AAF2