Loading...
HomeMy WebLinkAboutMemo - Mail Packet - 9/13/2016 - Memorandum From Kent Leier, Land Conservation And Stewardship Board Re: Proposed Sale Of Natural Areas Land To Hageman Earth CycleNatural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas DATE: September 8, 2016 TO: Mayor & City Council members FROM: Kent Leier, Chair, Land Conservation and Stewardship Board RE: Proposed sale of Natural Areas land to Hageman Earth Cycle The Land Conservation and Stewardship Board (LCSB) would like to reiterate our strong opposition to the sale of Running Deer land to a private business. We voted unanimously on June 8, 2016, to oppose the sale of a portion of the Running Deer Natural Area for a non-natural area use--i.e. sale to Hageman Earth Cycle (HEC) and we remain unanimous in our recommendation. We encourage the Council to protect our valuable Running Dear Natural Area by opposing this sale. We do believe that a moderate lease extension is a reasonable solution to support the City’s mulching goals. The Board opposes such a sale based on the following: 1. The Board believes that the Natural Areas Department (NAD) being urged to sell natural area land for a non-natural area use sets a negative precedent that is a breach of trust of our citizens who voted overwhelmingly to tax themselves to conserve open land. The latest extension of the County Open Space Yes tax won by an unprecedented 82% in the County—even higher in the City of Fort Collins. Any sales of Natural Area land will be perceived as a violation of trust by the Citizens of Fort Collins. 2. Such a sale is not in keeping with the mission of the Natural Areas program. The primary mission of the Natural Areas Department is the conservation and restoration of land and habitat. It is not to provide private business opportunities regardless of the use or the City's support of that use. The previous landowner sold this land to NAD with the understanding that it would be preserved as open space and habitat. It is extremely important that NAD maintain the trust of willing land sellers for the program's future success. 3. When restored, these 15 acres of Running Deer Natural Area will provide valuable upland habitat in close proximity to the riparian areas of the Poudre River. These restored acres will add significant habitat diversity available to wildlife along this key segment of the river. 4. Previously, the LCSB/NAD has operated in good faith agreeing with the temporary rental of this property with the future goal of habitat restoration. It was made very clear that these leases should be temporary and Hageman Earth Cycle (HEC) was asked to locate other property if necessary to augment their currently owned property along Prospect Road. HEC has had many years to pursue other options. 2 HISTORY: June, 1998: Flatiron Companies sold the 15 acres in question to the City NAD in lieu of selling the property to Mr. Hageman, though he expressed interest in the purchase. HEC has been leasing the land from the City’s NAD since this time. There is a long documented history of the City’s commitment to restoring this valuable habitat and in communicating to Mr. Hageman that this lease is temporary. HEC’s failure to secure another site should not be borne by the habitat of Running Deer nor the Citizens of Fort Collins. The City has been more than accommodating with over 18 years of total lease extensions and has been very clear in setting expectations that other land needed to be found. A few examples include: 1. Dec. 18, 2000: A letter to Mr. Hageman from the City Manager states that the “sale of the property would not be in the best interests of the City and would be contrary to several policies adopted by the City Council. The City’s Comprehensive land use plan identified this area as open land which is not intended to be developed, now or in the future.” 2. Jan. 5, 2001: a letter from Mr. Hageman to a Council member reiterates that he will “most likely need to shut down the receiving of compostable material and notify those who use our facility of the closure” if the land is simply leased and not sold to him. However, HEC’s operation has remained consistently in business. 3. Jan. 9, 2001: memo from the NAD Director to the City Manager states that in 1999 the City had found two viable properties as alternatives and offered to work “in a collaborative relationship”. It is noted that in 2000, the NA Director also discussed the mulching options with Larimer County who was interested in looking at wood/yard waste diversions on their property and HEC was encouraged to work with Larimer County. All options were rejected by HEC. 4. April 25, 2001: A memo from the NA Board to Council stated that “it is important for the City to begin the restoration of the property and integrate it into the remainder of Running Deer Natural Area within a reasonable amount of time.” LONG RANGE STRATEGY: The City needs a long range strategy for organic materials mulching and composting: At best the 15 acres currently being leased to supplement the HEC operation is only a stop gap measure. A much larger site overall will be needed to accommodate the City’s growth. Plus, this site is not appropriate to compost material. The need for a larger, comprehensive facility is underlined by the fact that currently the nearest composting facility is in Fort Lupton. We understand the long range planning by the County’s Regional Wasteshed Coalition formed in anticipation of the County landfill closure in 2025 includes an evaluation of an organics processing facility. A lease of up to 20 years is more than adequate to deal with the shorter term needs of the City. COMPROMISE: The LCSB has already offered a very generous compromise. In this spirit the LCSB has recommended that NAD grant another 10-year lease along with the possibility of two 5-year extensions of leasing this land to support the City's sustainability goal of yard waste mulching. This gives the City and HEC ample opportunity to search for a permanent and long range solution that does not involve City Natural Area lands. We encourage the City to continue to pursue the possible partnership with Larimer County's Solid Waste Department as there are advantages of 3 co-locating organic waste recycling with other waste management activities. (And has the current landfill site been evaluated for a potential mulching location when this site is vacated by the County?) An appropriate future site for mulching operations could, be on a publicly owned, privately operated resource recovery site. PROTECTION OF VALUABLE HABITAT: the LCSB strongly recommends that the following actions be taken to minimize the impact on the Running Deer Natural Area habitat. These actions are needed regardless of lease or sale: 1. A barrier of land around the perimeter of the property used by Hageman should include a buffer zone complete with adequate berms and native plantings. This barrier to be provided by HEC and approved by NAD is needed to protect the view shed and habitat for birds and other wildlife using Running Deer and surrounding natural areas. 2. Moreover, a small wetland contained within the center of the property should be exempt from a sale and retained by NAD and preserved as wildlife habitat. It is difficult to determine the exact amount of land required to be held out of the sale for habitat protection without an on-the-ground survey, but an estimate would be approximately 3-4 acres. In the case of a lease extension, this wetland area will be protected by HEC and not used in the operation. 3. Land use by HEC should be feathered in intensity so that the higher intensity of noise and commotion occur in the center and north areas, away from the edges to reduce the noise and visual impacts to Running Deer habitat. 4. Other issues needed to be addressed include: stream protection, height of material piles, placement of roads, lighting, and other protective and aesthetic concerns. 5. NAD personnel should no longer be the Point of Contact for the city in its relationship with HEC. This responsibility should pass to someone within the Sustainability Department. The Sustainability Department will need to monitor to ensure the protective requirements are being met. 6. In case of a sale, a detailed map of land use and improvements proposals will need to be submitted by HEC for NAD approval before any sale takes effect. 7. All the above criteria should be specific and enforceable and be included in a lease extension agreement or sale contract. PROTECTING ALL NATURAL AREAS FROM SALES FOR OTHER USES: If a sale would occur, a clear statement must be made by Council that this is an exceptional case and does not establish a precedent for selling natural area properties. The latest extension of the County Open Space Yes tax won by an unprecedented 82%. Sales of Natural Area land will be perceived as a violation of trust by the Citizens of Fort Collins.