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HomeMy WebLinkAboutNORTH COLLEGE MARKETPLACE - WETLANDS PDP - 39-08 - CORRESPONDENCE - (14)Steve Olt --Re: North College wetlands Page 2 I am responding to the request by the developer of King Soopers for the Natural Areas program (or the City) to accept ownership and responsibility for managing the wetlands at the site. I recommend against accepting this donation. There are hundreds of small detention ponds - wetlands that have been preserved or created by residential and commercial developments all over the City. In the past, on numerous occasions, Natural Areas has been asked to acquire, accept in donation, or just take over the maintenance of similar detention ponds -wetlands -green belts. There have only been a few instances where Natural Areas has taken over the maintenance of detention ponds/green belts. Those instances were when the primary benefit was as natural areas enjoyed by significant numbers of Fort Collins citizens. As our program matures we are trying to be strategic as possible about our acquisitions; in other words, do they fit in with our long range plans, our staffing, our budgets, and our conservation objectives? This property doesn't mesh well with any of those considerations. Let me know if you'd like to discuss further. Thanks, John Stokes John Stokes Director, Natural Resources Department City of Fort Collins (970)221-6263 CC: Heffernan, Marty; Olt, Steve; Sears, Mark; Vincent, Christina Steve Olt - Re: North College wetlands 7745age 1 x From: Joe Frank To: Jones, Diane; Scheick, Jeff; Stokes, John Date: 8/15/2008 9:07:08 AM Subject: Re: North College wetlands Since the URA is being asked to pay the cost of mitigation, we would want it to happen on the property; if that is not possible, then within the boundaries of the nc ura. I don't recommend the URA get involved in the long term maintenance. I agree with John that this is not an unusual situation for developers to have wetlands in their projects... or open space ... or common areas like parking and plazas... it becomes a shared cost responsibility of their developer and tenants. I don't understand why this should be any different. There is some question about the URA's ability to participate in the cost of the mitigation.... Christina is working with the City attorney's office to get clarification. Also, Christina is working on the understanding if the URA should have any special conditions in the financial agreement regarding maintenance of the wetlands since we are being asked to foot the bill. >>> Diane Jones 8/14/2008 3:59 PM >>> Thanks John. My suggestion is for you, Mark, Joe and Marty (and any others you might want to pull in) have a conversation about some options and a recommendation(s) for how to address these questions and position us to be ready to act when we get these kinds of requests. Thanks, Diane >>> John Stokes 8/14/2008 3:54 PM >>> Good question. I'm not sure what the answer is, but it seems like it wouldn't be that hard to craft a policy. In any case, what might also be helpful is a comprehensive wetlands mitigation approach. As I listened to the Council presentation on Tues. night it occurred to me that the developer is spending millions on this wetland (at least that's what he claims) but we don't have a comprehensive, policy based, approach to wetlands conservation and mitigation. For example, would it have been better for the developer to donate $1.5 million to the City for wetlands enhancements on the Poudre River? Or, would it be better to establish a wetlands bank? It's a complicated question and would require significant staff time to implement a comprehensive policy.... but perhaps it would be worth it. John John Stokes Director, Natural Resources Department City of Fort Collins (970)221-6263 >>> Diane Jones 8/14/2008 3:38 PM >>> Are we getting to a point where we need to articulate a policy or some guidelines about the types of wetlands and under what circumstances we will consider accepting and, therefore, be responsible for long- term maintenance and operation? Diane >>> John Stokes 8/14/2008 3:30 PM >>> Dear Colleagues, - Re: Natural Areas on North Nage 1 From: Diane Jones To: Joe Frank Date: 8/15/2008 5:17:55 PM Subject: Re: Natural Areas on North College Joe: Given John Stokes response (NA is trying to be very strategic about acquisitions and this doesn't mesh with their long-range plans, staffing, budget or conservation objectives) and your response (URA might cover the mitigation costs and this is being clarified w/the City Attorney and you are sorting out who is responsible for long-term maintenance), who and when will this issue be determined? Need a response that Darin or I can get back to Eric. Thanks Diane P.S. Our email exchange re North College Wetlands is attached. >>> Darin Atteberry 8/15/2008 4:55:45 PM >>> Eric, I've received your email and will discuss your proposal with our City team. I'll be back shortly with a response. Darin >>> "Eric Holsapple"<eholsapple(o)lovelandcommercial.com> 8/13/2008 6:01 PM >>> Darin, We have had ongoing discussions with staff regarding long term ownership of the wetlands and storm detention area on North College and were encouraged to contact outside agencies for assistance. Please see the attached list of agencies we have contacted to take ownership of the wetlands — nobody will participate. We propose to donate these areas to Fort Collins; the URA can fund the operating for the next 20 years; plus the shopping center could participate in "storm drainage maintenance cost". There are 2 separate natural areas totaling approximately 7 acres: 1) The northern wetlands which is basically left in its current state; maintenance should be minimal and covered by the URA2) The southern wetland which will be reworked via the mitigation plan and will act as the storm detention for the site, plus has approximately 4 acre feet of excess storage capacity potentially giving the pond a "regional detention" designation; maintenance can be billed to the tenants in the development. King Soopers is planning to own their store (the only large tenant in the development) but is uncomfortable "owning" either wetland. We have been pushing them to own the storm detention (southern wetland) but they are not willing to own it and have asked us to find another solution. If we were King Soopers landlord we could own these areas — but with a limited long term ownership position it is difficult to justify the ownership, and particularly difficult to oversee the maintenance. The City is the best long term steward of the wetlands areas and the cost can be covered by the URA and a perpetual cost sharing agreement by King Soopers and ancillary tenants. I am asking the City to accept a donation of these parcels. I appreciate your consideration. Eric Dr. Eric J. Holsapple, Partnerl-oveland Commercial, LLC1043 Eagle DriveLoveland, CO 80537970-667- 7000 Office970-635-2514 Fax970-443-5153 Celleholsapple(51ovelandcommercial.com CC: Christina Vincent; Chuck Seest; Darin Atteberry; Jeff Scheick; Steve Olt