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
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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
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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
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