HomeMy WebLinkAboutEAST RIDGE PDP - MODIFICATION OF STANDARD - 33-98C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSf
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preclude any possible disturbance to the tree's root systems. In addition, because potential raptor
nesting habitat is provided by these trees, the trees should be surveyed prior to any construction activities
to confirm the presence or absence of raptor nesting activity. If an active raptor nest is discovered, a buffer
zone setback, as prescribed in Section 3.4.1 of the Fort Collins Land Use Code, should be maintained
during the breeding, nesting, and nestling rearing period.
The wetland on the property is greater than one-third acre in size, but does not receive significant
waterfowl and shorebird use because of current cattle use, poor wetland perimeter habitat conditions, and
surrounding agricultural land uses. The City of Fort Collins buffer zone standard for this type of wetland
feature is 100 feet. It is recommended that this buffer standard be applied from the designated high water
line since wetland perimeter zones outside of the high water line have been severely degraded by cattle
use. The best mitigation measure that could be applied to this wetland would be the removal of livestock
from the area. Once cattle are removed, the existing wetland will be considerably enhanced by the
eventual natural recovery of existing wetland vegetation as long as water regimes in the wetland are
maintained. Additional supplemental plantings of appropriate herbaceous and woody vegetation species
around the pond perimeter could also significantly enhance habitat diversity and quality in the wetland.
However, it is uncertain what future effect the loss of agricultural irrigation runoff and residential
development will have on water regimes in the pond. Future mitigation planning for the pond wetlands
should be dependent on water regimes projected for the wetland after project development.
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season, irrigation runoff, and natural precipitation events. The pond was completely dry during the early
March 1999 wetland surrey.
(f) There was no evidence of the presence of specially valued species within or near the East Ridge
property. The wetland depression on the property has been too heavily trampled by cattle to provide
suitable habitat conditions for Preble's meadow jumping mouse. In addition, the wetland is not connected
to any other areas of potential habitat by movement corridors suitable for Preble's meadow jumping
mouse.
Suitable habitat conditions are also not present for the Ute ladies' -tresses orchid in wetlands around the
perimeter of the wetland depression. Habitat for the Ute ladies' -tresses orchid typically consists of
seasonally moist soils and wet meadows near lakes, springs, or perennial streams and their associated
floodplains below 6,500 feet. Associated vegetation species typically include those with a "FACW" Corps
of Engineers classification (Equisetum, Asdepias, Calamagrostis, Solidago, etc. genera) occurring in
relatively open and not overly dense, overgrown, or over grazed areas. Sites consisting of dense stands
of reed canarygrass, cattails, and bulrush or heavily trampled areas supporting primarily weedy species do
not provide suitable habitat conditions for the orchid.
(g) Because of past cultivation of row cropland and alfalfa/grass hayfield over the most of the property,
there are no special habitat features present except for the wetland depression pond and the large plains
cottonwoods, peach -leaf willows, and lanceleaf cottonwoods along the southern and western property
boundaries.
(h) The only potential wildlife movement corridor on or within 500 feet of the project area is Lake Canal.
The value of this feature as a wildlife movement corridor is limited however, by the proximity of existing
commercial development and the interruption of the canal by major road crossings along its length. The
Lake Canal is separated from the East Ridge property by existing commercial and residential
developments.
5.0 WILDLIFE MITIGATION RECOMMENDATIONS
The large native trees along the western property boundaries and at the southwest property corner as well
as the wetland depression are the only wildlife habitat features of value on the property. Wildlife mitigation
measures proposed for the property are those that would protect the wetland area and the native trees
and possible future wildlife use of the trees and wetland. Since the trees are adjacent to existing
commercial and residential developments as well as roadways, no specific wildlfa buffer is proposed. The
City of Fort Collins buffer zone standard for farmstead windbreaks is 25 feet. It is also recommended, a 30-
foot construction buffer (surface disturbance and underground utilities) be maintained from these trees to
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Because of the proximity of commercial/residential developments and existing roadways, wildlife use of
trees on or near the property is restricted primarily to songbird species adapted to urban environments.
No evidence of raptor nesting activity such as large stick nests or whitewash was noted in any of the trees
on or near the property. Nesting use of the larger trees by raptors other than possibly great horned owl or
American kestrel is unlikely. The suitability of these trees for raptor nesting and perching will be further
reduced by development of the East Ridge property. Songbird species observed in the trees were
northern flicker, common grackle, starling, and black -billed magpie.
4.0 ECOLOGICAL CHARACTERIZATION STUDY CHECKLIST
The following provides a summary of information required by Fort Collins Land Use Code under 3.4.1 (D)
(1) items (a) through (i). Items Q) and (k) are addressed under following section, 5.0 Wildlife Mitigation
Recommendations.
(a). Wildlife use of the area is described in Section 3.0.
(b) As indicated in Section 3.0, the only wetlands on the property are located in association with the
depression in the south central portion of the property. The characteristics of this wetland are described
in Section 3.0. The only other wetland within 500 feet of the property is a wet meadow site to the
southwest of the southwest property corner (see Figure 2).
(c) The eastern portions of the property currently provides partial views of the Front Range mountains to
the west. Views of the Front Range from the western half of the property are blocked by trees and
existing development.
(d) As described under Section 3.0, the only significant native trees or other sites of native vegetation are
large plains cottonwoods, lanceleaf cottonwoods, and peach -leaf willows along the southern and western
property boundaries. All the remaining trees on the property are non-native. Stands of mature plains
cottonwoods also exist within 500 feet of the northern and western property boundary as well as the
southwest property corner. The native and non-native trees adjacent to and along the property
boundaries did not support any evidence of raptor nesting activity at the time of the field surveys. Future
raptor use of these trees is unlikely because of the proximity of commercial/residential developments and
existing roadways. However, because potential nesting habitat is present, trees on or near the property
should be surveyed prior to any construction activities near these trees.
(e) There are no natural drainages that exist within or near the property boundaries. The wetland on the
property is fed, at least in part, by irrigation and natural rainfall sheet flow runoff. The high water line of the
wetland pond is shown on Figure 2. The extent of inundation of this pond is highly variable depending on
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Other species potentially present in wetland and aquatic habitats include tiger salamander, Woodhouse's
toad, chorus frog, northern leopard frog, bullfrog, wandering garter snake, red -winged blackbird, common
yellowthroat, and song sparrow.
Farmstead and Trees
The farmstead areas in the northwest property comer are comprised primarily of buildings, livestock
corrals, dirt roadways, and disturbed weedy sites. A number of mature, planted windbreak trees also grow
in association with the farmstead sites. The locations of existing tree stands are depicted on Figure 2.
Trees at the northem-most farmstead site consist primarily of mature Chinese elms (Ulmus pumila). Mature
and sapling Chinese elms also are the dominant trees at the north end of the larger farmstead area,
although four large peachleaf willows (Saliz amygdaloides) and a small box elder (Acer negundo) grow in
this area as well. The mature Chinese elms range in size from 1 to 3 feet dbh and 50 to 60 feet tall. The
four peachleaf willows are mule-trunked and range in size from 2 to 3 feet dbh and 40 to 50 feet tall. The
remaining mature trees on the property are plains cottonwood and lanceleaf cottonwood (Populus
acuminata) trees along the main driveway and along the west and south edge of the larger farmstead site.
These stands consist of 40 plus cottonwood trees ranging in size from 2 to 6 feet dbh and 50 to 60 feet
tall.
The cottonwood and peachleaf willow trees are native to the region while Chinese elm and box elder trees
are not. Several of the larger cottonwood trees are partially decadent with dead larger limbs exhibiting
excavated woodpecker cavities. Herbaceous species growing in the farmstead areas are comprised
primarily of smooth brome and annual weeds including kochia, field bindweed, netseed lambsquarters,
Canada thistle, prostrate knotweed, puncturevine (Tribulus terrestris), and common mallow (Malva
neglecta).
Other mature trees growing within 500 feet of the East Ridge property are present in association with
farmsteads and residences along the north and west sides of the East Ridge property as well as at the
southwest property comer. The majority of these trees are large cottonwood trees, but there are also
ornamental and windbreak trees such as ponderosa pine, locust, and Rocky Mountain juniper. Portions of
the Lake Canal within 500 feet of the southwest property corner also supports a linear stand of trees
composed primarily by large cottonwoods. Trees along the Lake Canal are designated as riparian forest by
City of Fort Natural Resources Mapping. The Lake Canal trees are separated from the East Ridge property
by existing commercial and residential developments. City of Fort Natural Resources Mapping also
indicates a patch of riparian forest on the west side of the wetland depression in the south central portion
of the East Ridge property. This mapping is in error. There is no riparian forest on the west side of this
wetland.
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cropland is of limited foraging value for most waterfowl species, however. Raptors potentially hunting over
row croplands include American kestrel, red-tailed hawk, northern harrier, and Swainson's hawk.
The only wetland on the property is located in association with a depressional area in the south central
portion of the property. This wetland area is restricted to the Aquepts loamy soil map unit discussed
previously. The wetland supported in this area is comparatively diverse in terms of both the soil moisture
regimes and vegetation communities present. Vegetation communities range from dense cattail stands
intermixed with•bulrush (Schoenoplectus lacustris) in areas of saturated soils and standing water to mixed
reed canarygrass (Phalaris arundinaceae) and three -square (Scirpus americanus) communities supported
by soils more intermittently saturated through time. The hydrology supporting this wetland appears to be
based on irrigation runoff, although a shallow depth to water table may also be a contributing factor to the
central portion of this wetland. At the time of the August 30, 2000 survey, there were small areas of open
water intermixed with the stands of cattails (see Photo 3).
Wetland/upland transition zones are somewhat narrow with species such as three -square, broad -leaf
plantain (Plantago major), yellow foxtail (Setaria glauca), and Canada thistle mixed with planted upland
grass and forb species around the perimeter of the wetland depression. The only woody species
supported in the wetland area are a few (6) small (5 to 7 feet tall) Russian olives (Elaeagnus angustifolia)
scattered around the perimeter and three small (1 to 3 inch dbh, diameter at breast height) plains
cottonwoods (Populus sargenti►) and a patch of coyote willow (Salix exdgua) at the north end of the
wetland. The patch of coyote willow has been heavily browsed by cattle and remaining leaves were
present primarily at heights above the reach of cattle (see Photo 4). Cattle use of the perimeter of wetland
has had considerable impact on the drier portions of the wetland transition zone. Much of the pond
perimeter has been heavily trampled by cattle, and portions of this area were either nearly bare of
vegetation cover or supported mostly weedy species such as horseweed and Canada thistle (see Photo
3).
Wetland and aquatic habitats are valuable habitats in that they typically support a greater diversity of plants
and animals than that found in adjacent dryland habitats. In addition, many wildlife species from adjacent
habitats rely on wetland habitats for obtaining food, cover, and water on a regular or intermittent basis.
Wetlands and associated open water habitats also provide foraging, resting, and breeding habitat for
waterfowl, shorebirds, and wading birds. The overall value of the East Ridge wetland has been reduced
considerably by shoreline trampling and foraging impacts by cattle as well as by surrounding cultivated and
pasture habitats. The only species observed using open water and peripheral portions of the wetland
during the August 2000 survey were killdeer and mallard.
N
Photo 3. View of Open Water and Dense Cattail Stand in Depression Wetland. (Heavily
grazed and trampled grassland pasture perimeter zone is shown In foreground.)
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Photo 4. View of North End of Wetland Area Showing Patch of Heavily Browsed Coyote
Willow. (Trees in background are outside but adjacent to the southern property boundary
near the southwest property corner. Immediate foreground is grassland pasture.)
Grassland Pasture
This habitat area is irrigated and used for grazing livestock. Cattle were actively grazing the area at the time
of the field survey. It supports relatively close -cropped and more sparse vegetation cover (compared to
hayfield habitat) because of livestock grazing pressure. Total vegetation cover was estimated to be 25 to
60 percent, and height of vegetation was generally less than 1 inch. Vegetation supported in this habitat
consists primarily of non-native pasture grasses such as smooth brome, tall fescue, and wheatgrasses as
well as weedy species including field bindweed, kochia (Kochia scoparia), common dandelion, prostrate
knotweed (Polygonum aviculare), netseed lambsquarters (Chenopodium berlandien), redroot pigweed
(Amaranthus retroflexus), cheatgrass (Bromus tectorum), and green foxtail (Setaria viridis). Scattered,
dense patches of Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), and horseweed
(Conyza canadensis) are also present, especially around the upland edges of the wetland in the south
central portion of the property. Representative views of grassland pasture are provided in Photos 2 and 3.
Grassland pasture also creates relatively poor wildlife habitat because of the lack of woody species cover,
low vegetation species diversity, and the predominance of non-native grass and annual weedy species.
The value of grassland pasture habitat is further limited by livestock grazing that reduces available cover
and increases the development of weedy forbs. Non-native grass and weedy forb dominated areas
generally provide habitat for a few small mammals such as deer mouse, prairie vole, and northern pocket
gopher and open grassland associated bird species like western meadowlark, homed lark, and western
kingbird. Open -country raptors including red-tailed hawk, Swainson's hawk, northern harrier, and great
horned owl as well as mammalian predators like coyote, striped skunk, and red fox may also hunt in these
habitat areas on occasion.
Row Cropland
Row cropland occupies a strip of land in the mid -eastern portion of the property. At the time of the survey
row cropland was planted in corn. The cropland borders and rows between the corn also support stands
of field bindweed, common sunflower (Helianthus annuus), and bamyardgrass (Echinochloa crus-galls).
Row cropland has limited value as wildlife habitat, especially when it is not near areas of natural habitat,
since vegetation cover and food sources are present primarily on a short-term basis due to seasonal
harvesting and cultivation. Vegetation cover is generally lacking from fall through early spring. Deer
mouse, western harvest mouse, prairie vole, and ground squirrels are the only species likely to establish
resident populations in row cropland and the weedy edge areas. Songbirds such as western meadowlark,
Brewers blackbird, American crow, common grackle, and horned lark will also occasionally use cropland
habitats. Species such as raccoon, striped skunk, ring-necked pheasant, mourning dove, and Canada
goose will occasionally move into croplands to seek prey or feed on leftover grain. Dryland or unflooded
0
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Photo 1. View of Recently Mowed Alfalfa/Grass Hayfield. (Trees in tar background are
north of East Vine Drive.)
Photo 2. View of Main Farmstead Area and Associated Large Windbreak Trees.
(Grassland pasture habitat is in foreground.)
5
they can contain hydric inclusions. Aquepts loamy is the only hydric soil on the property. Aquepts loamy
is a poorly drained soil in depressional areas in uplands. This soil unit is located in association with the
pond and wetland area identified in the south central portion of the property. This was the only area on
the property that exhibited any evidence of hydric soils, wetland vegetation, or hydrologic features
characteristic of wetland conditions.
The majority of the property has been cultivated, and existing land uses within the property consist of
farmstead, grassland pasture, alfalfa/grass hayfield, and row cropland (see Figure 2). There are no natural
defined drainages on the property, but small feeder ditches are present as irrigation features. Surface
water flow across the property occurs as sheet flow in primarily in a southerly direction over cultivated land
and into the wetland depression at the south end of the property.
The following sections summarize the characteristics of habitats existing on the property and wildlife use
of the area.
Alfalfa/Grass Hayfield
As indicated on Figure 2, alfalfa/grass hayfield occupies the majority of the property. Cultivation practices
on the site have resulted in the removal of native vegetation and establishment of agricultural crops as well
as the invasion of plants consisting primarily of non-native, weedy grass and forb species in fallow sites
and around the perimeter of the fields. Dominant vegetation species supported within hayfields on the
property are alfalfa (Medicago sativa), smooth brome (Bromus inermis), tall fescue (Festuca arundinacea),
wheatgrasses (Agropyron spp.), common dandelion (Taraxacum officinale), and field bindweed
(Convolvulus arvensis). All of the grasses recorded in mowed hayfield areas were weedy or non-native,
cultivated pasture species. Total vegetation cover was estimated to be 60 to 75 percent after mowing,
and height of vegetation was 6 inches or less as a result of recent mowing. A representative view of
recently mowed allalfa/grass hayfield is provided in Photo 1.
Habitat value and wildlife use of hayfields is limited by seasonal removal of vegetation cover resulting from
mowing operations. Mice, voles, pocket gopher, and ground squirrel are the only species likely to
establish resident populations in hayfield and the weedy edge areas. Songbirds such as western
meadowlark, Brewer's blackbird, and homed lark will also occasionally use hayfield habitats. No evidence
of prairie dogs or prairie dog burrows was noted within alfalfa/grass hayfield on the property. Open -
country raptors including red-tailed hawk, Swainson's hawk, northern harrier, and great horned owl as well
as mammalian predators like coyote, striped skunk, and red fox may also sporadically hunt in these habitat
areas.
S
Row Croplandt'
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FIGURE 1
N''�' East Ridge Property Location
■, i�!�,�t i � '� " Scale: 1" = 2,000'
L1'^�+- —•K — Map Source: USGS 7 1/2' Quadrangle -
_; Fort Collins, CO
2
ECOLOGICAL CHARACTERIZATION STUDY REPORT
FOR THE
EAST RIDGE PROPERTY
1.0 INTRODUCTION AND LOCATION
This report documents the evaluation of habitat conditions on the proposed East Ridge development
parcel in Fort Collins, Colorado. The report was prepared in accordance with Section 3.4.1 of the Land
Use Code of the City of Fort Collins regarding the preparation of a Ecological Characterization Study. The
proposed 160-acre development site is located in Fort Collins, Larimer County, Colorado in the Northeast
1/4 of Section 8 (T. 7 N. R. 68 W.). The property boundaries are defined by County Road 9E on the west,
East Vine Drive on the north, row cropland on the east, and commercial property on the south. The
location of the property boundaries are shown on Figure 1. Adjacent land uses consist entirely of
cultivated land, farmsteads, and commercial or residential developments (see Figure 2).
2.0 METHODOLOGY
Cedar Creek initially completed a wetland survey for the property in early March 1999. An additional field
survey of the East Ridge property was completed on August 30, 2000. This field survey was completed
to characterize existing wildlife habitats, as well as to identify any unique or sensitive natural resource
features. Natural Resources Conservation Service (formerly SCS) soils mapping (Soil Survey of Larimer
County Area, Colorado) was also reviewed to determine if any known hydric soil mapping units were
located on the property. Observations recorded during the field evaluation included: major vegetation
communities / wildlife habitats present within the property; dominant vegetation associated with each
community / habitat; unique habitat features; and observations of wildlife species and/or definitive sign.
Photographs showing representative views of existing habitats were also taken to document site
conditions. Wildlife presence and habitat use was based on on -site observations and habitat presence in
conjunction with the known habitat requirements of potential wildlife species. Existing habitats were also
evaluated regarding their ability to support populations of threatened, endangered, and other sensitive
plant and wildlife species.
3.0 HABITAT CONDITIONS AND WILDLIFE USE
According to the Soil Conservation Service's (SCS) Soil Survey of Larimer County Area, Colorado the
predominant soils on the property are Fort Collins loam, 0 to 3 percent slopes; Kim loam, 1 to 3 percent
slopes; Nunn clay loams, 0 to 3 percent slopes; Stoneham loam, 3 to 5 percent slopes; and Aquepts
loamy. All but Aquepts loamy are deep, well -drained soils. Runoff is slow to medium and the hazard of
wind and water erosion is slight to moderate. None of these soil mapping units are classified as hydric, but
1
ECOLOGICAL CHARACTERIZATION STUDY REPORT
FOR THE
EAST RIDGE PROPERTY
Prepared
by
Cedar Creek Associates, Inc.
Fort Collins, Colorado
Prepared
for
Tri Trend Construction and Development
Timnath, Colorado
September 2, 2000
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20
MAP 1
Raptor Nest Locations Near
the East Ridge Property
Scale: 1" = 2,000'
Map Source: U -Fort Collins, CO
SGS 7 1/2'Ouadranale
C1MDAR, C ° ,E EK y
AU20C R °, TU 0, INC.
916 Willshire Ave. • Fort Collins, Colorado 80521 • (970) 493-4394
March 31, 2003
Leo Schuster
Progressive Living Structures, Inc.
4190 N. Garfield
Loveland, CO 80538
RE: Raptor Nest Surveys for East Ridge Property
RECEIVED Ap 16A74.3 3
R 0'9 2p03
Field Surveys for raptor nests on and near the East Ridge Property were completed on March 26 and March 31,
2003. Four nests were located and their locations were determined with a hand-held GPS unit.
The nest locations are depicted on the attached Map 1. Nest descriptions and activity status are as follows.
Nest #1 — The nest is in the top of a large cottonwood tree on the south side of the Lake Canal. This nest
is active and occupied by great horned owls. An adult was observed on the nest in incubation posture,
and another adult was flushed from the nest tree during both surveys.
Nest #2 - The nest is in the top of a large cottonwood tree on the south side of the Lake Canal. The nest
appeared to contain an adult red-tailed hawk in incubation posture on March 31, but clear views of the
nest interior could not be obtained. Another adult red-tailed hawk was flushed from a perch site in a
nearby tree, providing further indication of occupation of this nest by a red-tailed hawk pair.
Nest #3 — The nest is in good repair in the top of a large cottonwood tree in an old farmstead tree row.
The nest is of appropriate size and configuration to have been constructed by red-tailed hawks. There
was no evidence of recent occupation by red-tailed hawk or other raptor species during the two survey
periods.
Nest #4 — The nest is near the top of a large Siberian elm in an old farmstead tree row. The nest is
relatively small and in poor condition. The nest is of appropriate size and configuration to have been
possibly used in the past by a smaller owl species such as long-eared owl. There was no evidence of
recent occupation by owls or other raptor species during the two survey periods.
As indicated by Doug Moore with the City of Fort Collins Natural Resources Department, the Land Use Code has
a 1,320-foot development setback requirement for red-tailed hawk nests. There is no established development
setback for owl nests. As the Land Use Code currently is written, there Is also no distinction between active of
inactive raptor nests, which makes no sense but that's the way it reads. However, I would assume there might be
more flexibility in dealing with the City regarding setback requirements for an inactive nest.
Leo, this concludes my raptor nest assessment of the property. If you have any questions, please give me a call
at the letterhead phone number. I will be out of the office on vacation from April 7 through April 21.
Sincerely,
CEDAR (CREEK ASSOCIATES, INC.
C-
J .
T. Michael Phelan
Principal
attachment
pc: Kent Bruxvoort, Jim Sell Design w/ attachment
No Text
REFERENCES
Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338, U. S-
Bureau of Land Management, Denver.Service Center, Denver, CO. 69pp.
Greater Yellowstone Bald Eagle Working Group 1996. Greater Yellowstone Bald Eagle
Management Plan: 1995 update. Wyoming Game and Fish Department, Lander, WY. 47
pp.
Grier, J.W., F.J. Gramlich, 1. Mattisson, J,E. Mathisen, I.V. Kussman, J.B. Elder, and N.F.
Green. 1983. The bald eagle in the northern United States. Bird Cons. 1-44-66.
Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance MS
Thesis. Colo. State Univ, Ft. Collins. 62p.
Holthuijzen, A.M.A., W.G. Eastland, A.R. Ansell, M.N. Kochert, R.D. Williams, and
L.S.Young. 1990. Effects of blasting on behavior and productivity of nesting prairie
falcons. Wildl. Soc. Bull. 18:270-281.
Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-
456.
Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan.
U.S. Fish and Wildlife Service. 75p.
Reynolds, Richard, R.T. Graham, H.M. Reiser. 1992. Management recommendations for the
northern goshawk in the southwestern United States. Gen. Tech. Rep. RM-217- Ft.
Collins, CO. U.S. Dept of Agri., Forest Service, Rocky Mountain Forest and Range
Experiment Station. 90pp.
Richardson, Cary T. and C.K. Miller. 1997. Recommendations for protecting raptors from
human disturbance: a review. Wildl. Soc. Bull. 25(3):634-638.
Rocky Mountain/Southwest Peregrine falcon recovery Team. 1984. American peregrine falcon
Rocky Mountain/Southwest population recovery plan. U.S. Fish and Wildlife Serv. 105
pp.
Squires, J.H., S.H. Anderson, and R. Oakleaf. 1993. Home range size and habitat use patterns of
nesting prairie falcons near oil developments in northeastern Wyoming. J. Field
Ornithology. 64:1-10.
Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone
National Park. J. Wildl. Manage. 43:595-601.
Thomsen, L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport.
Condor 73:177-192.
',:.1idC� sACL.,,<� !_i' !Tl_'.�5 l011-]1i11'1'r.!ii �iit!?iTAllal; �4hi11l�cS R't'n,3,fi �',L piici1141 _'.aS 1"�'�i�_ Cli1JS,
BURROWING OWL
Nest Site:
No human encroachment or disturbance within 75 yards of the nest site from April 1 through July
31. This period is necessary to avoid disturbing nesting owls. However, owls may be present at
burrows up to a month before egg laying and several months after young have fledged. Therefore
it is recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur
between March 1 and October 31 when owls may be present. Although owls may occur
throughout a prairie dog colony, there is a propensity for them to frequent the colony margins and
buffer zones should be applied to the colony perimeter. Measures that protect and enhance
prairie dog colonies will benefit this species.
Buffers Documented in the Literature
Species
Period
Optimal
Distance
Authority
Incubation
Brood
Ferruginous Hawk
380-488 yd.
619-781 yd.
781 yd. (.45 mi.)
Holmes
Red-tailed Hawk
448-553 yd.
428-604 yd.
604 yd. (.34 mi.)
Holmes
Swainson's Hawk
171-203 yd.
309-382 yd.
382 yd. (.22 mi.)
Holmes
Prairie Falcon
5004000 m
546-1093 yd.
1000m
1093 yd (62 mi.
Holthuijzen et al.
Perch Buffers
The following buffers for perches were recommended by T. Holmes (1994) to prevent flushing of
90 % of raptors wintering in rangeland and agricultural habitats.
SPECIES BUFFER AREA
(Radius)
American Kestrel
75m
Merlin
125m
Prairie Falcon
160m
Rough -legged Hawk
210m
--Ferro inous-Hawk-—
-- - - -140m - - -
Golden Eagle
300m
ii ? 1 - �'�. i• S n- rf - r -t � l r � r �/' (( �,' <r' 11"I t �.`
�_.r -.'C C, a_:,.t..:i.. .. t.<', tll.. rti. ii CcT�l 1...✓e.e.....t. i, _..: Ii I)I:.: a\':)il �:.. .I d. _� ... i:. .1 �i I�+c.i._.
FERRUGINOUS HAWK
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/2 mile
radius of the nest site, and associated alternate nests. Seasonal restriction to human
encroachment within 1/4 mile of the nest and any alternate nests from February 1 to July 15. This
species is especially prone to nest abandonment during incubation if disturbed.
RED-TAILED HAWK
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/3 mile
radius of the nest site, and associated alternate nests. Some members of this species have adapted
to urbanization and may tolerate human habitation to within 200 yards of their nest. Development
that encroaches on rural sites is likely to cause abandonment. Seasonal restriction to human
encroachment should be in effect from March 1 to July 15.
SWAINSON'S HAWK
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/4 mile
radius of the nest site, and associated alternate nests. Some members of this species have adapted
to urbanization and may tolerate human habitation to within 100 yards of their nest. Seasonal
restriction to human encroachment within 1/4 mile of the nest from April 1 to July 15.
PEREGRINE FALCON
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/2 mile of
the nest site. Seasonal restriction to human encroachment within 1/2 mile of the nest cliff(s)
from March 15 to July 31. A 1-mile buffer with a closure from February 1 to August 31 was
originally stipulated in the approved Recovery Plan, but recent field evidence suggests that the
zone can be reduced to 1/2 mile. Due to propensity to relocate nest sites, sometimes up to 1/2
mile along cliff faces, it is more appropriate to designate 'Nesting Areas' that encompass the cliff
system and a 1/2-mile buffer around the cliff complex.
PRAIRIE FALCON
Nest Site:
No surface occupancy * beyond that which historically occurred in the area) within 1/2 mile
radius of the nest site.
NORTHERN GOSHAWK
Reynolds- et al- (1993) proposed 30 acres _for, the nest, a post fledging family area of 420 acres,
and a foraging area of 5400 acres in size that encompasses habitat for squirrels, rabbits, jays,
woodpeckers and grouse. For purposes here, it seems that a buffer of 1/2 mile around the nest
should protect the integrity of the nesting and post fledging area. Occupancy of the nesting and
brood rearing area takes place from early March through late September.
.,. -II .. _. � yl`i I`. .. iiC i f �.•-{�i� t�..a%��....�:1 � �. ,`�iftT l�)� � 14.: '�I1 � ii� � �{ ai�ll C {C '-' � 1'�;? I'
species will continue to occupy the area. Measurements are somewhat imprecise (fractions of a
mile) and reflect the need to maintain some flexibility to adjust buffer zones depending upon
intervening terrain and vegetation screens that obscure the activity, This document is intended to
be modified and refined as additional information becomes available, hence the need for a
revision date.
BALD EAGLE,
Nest Site:
Year round closure to surface occupancy *(beyond that which historically occurred in the area)
within 1/4 mile radius of nest. No human encroachment from November 15 through July 31
within 1/2 mile radius of the nest. This closure is more extensive than the Northem-States Bald
Eagle Recovery Plan due to the generally open habitat used by Colorado's nesting bald eagles.
Aside from four Colorado sites in coniferous forests, all others are in cottonwood riparian zones
that don't have the vegetational density, and therefore obscurity offered by the habitats in the lake
states. Recent evidence suggests that pairs nesting at lower elevations frequent and maintain
their nests throughout the year. If it is necessary to work within the '/2 mile buffer, the intrusion
should be restricted to August 15 through October 15.
Winter Night Roost:
Activity should be eliminated within 1/4 mile radius of winter roosts between November 15 and
March 15. If periodic visits (such as oil well maintenance work) are required within the buffer
zone after development, activity should be restricted to the period between 1000 and 1400 hours
from November 15 to Match 15. Limited restrictions may be necessary out to 1/2 mile if there is
a direct line of sight from the roost to the activities.
Hunting Perch:
Diurnal Perches associated with important foraging areas should also be protected from human
encroachment. Preferred perches may be at varying distances from human encroachment and
buffer areas will vary. However, at least 2 management plans recommend zones that range from
1/8 mile (200 meters) to '/4 mile (400 meters) depending upon topographic or vegetational
screening.
GOLDEN EAGLE
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/4 mile
radius of the nest site and associated alternate nests. Seasonal restriction to human encroachment
within 1/4 mile of the nest and any alternate nests from February 1 to July 15.
OSPREY
Nest Site:
No surface occupancy * (beyond that which historically occurred in the area) within 1/4 mile of
the nest site. Seasonal restriction to human encroachment within 1/4 mile of the nest from April
1 to August 31. Some osprey populations have habituated and are tolerant to human activity in
the immediate vicinity of their nests.
:�Ll.L....c occur.'•r1VC"i MVl' -t1. 1lorl-1Iai)+l.illI!ID1 .; V%0;Ube oi 1 1I,l. acjS ,C.lis. roa(IS,
APPENDIX A
RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS
FOR COLORADO RAPTOR NESTS
*These zones and seasonal restrictions are recommended as guidance and may be
subject to change. They do not represent official Division policy
Prepared By
Gerald R. Craig
Colorado Division of Wildlife
Updated 1/18/02
Tolerance limits to disturbance varies among as well as within raptor species. As a rule,
ferruginous hawks and golden eagles respond at greater distances to human activities than do
ospreys and kestrels. Some individuals within a species also habituate and tolerate human
activity at a proximity that would cause the majority of the species to abandon their nests. Other
individuals become sensitized to repeated encroachment and react at greater distances. The
tolerance of a particular pair may change when a mate is replaced with a less tolerant individual
and may cause the pair to react to activities that were previously ignored. Responses will also
vary depending upon the reproductive stage. Although the level of stress is the same, the pair
may be more sensitive during egg laying and incubation and more demonstrative when the chicks
hatch.
The term "disturbance" is also ambiguous and experts disagree on what actually constitutes a
disturbance. Reactions may be as subtle as elevated pulse rate and as extreme as vigorous
defense or abandonment. Impacts of disturbance may not be immediately evident. A pair of
raptors may respond to human intrusion by defending the nest, but well after the disturbance has
passed, the male may remain in the vicinity for protection rather than forage to feed the nestlings,
Golden Eagles rarely defend their nests, but merely fly a half mile or more away and perch and
watch. Chilling and over heating of eggs or chicks and starvation of nestlings can result from
human activities that appeared not to have caused an immediate response.
A `holistic' approach is recommended when protecting raptor habitat. While it is important for
land managers to focus on protecting nest sites, equal attention should focus on defining
important foraging areas that support the pairs nesting effort. Hunting habitat of many raptor
species are extensive and may necessitate interagency cooperation to assure the continued nest
occupancy. Unfortunately, basic. knowledge of habitat use is lacking and may require
documentation through telemetry investigations or intensive observation. Telemetry is expensive
and --be—disruptive so a more practical approach is -to assume- that- current— open space is
important and should be protected.
Although there are exceptions, the buffer areas and seasonal restrictions suggested here reflect an
informed opinion that if implemented, should assure that the majority of individuals within a
C
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LEGEND
*" NATIVE UPLAND SEED MIX
-BUFFALO GRASS
-BLUE GRAMA
-PERENNIAL RYE
WETLAND BOUNDARY SEED MIX
-WESTERN WEATGRASS
-PRAIRIE COROGRASS
-SWITCHGRASS
;
-YELLOW INDIANGRASS, HOLT
j
SLENDER WHEATGRASS
-BIG BLUESTEM. KAW
j
-CANADA WILD RYE
;
I
WILLOW STAKES
W i
COTTONWOOD SAPLINGS
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UPLAND SHRUBS
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-RABBITBRUSH
-APACHE PLUME
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-POTENTILLA
-COTONEASTER
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-ROCKY MT. JUNIPER
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-SNOWBERRY(BETWEEN
UPLAND d DETENTION)
i
to
COLORADO RAPTOR REGULATORY REVIEW
5. Woody plants shall be watered weekly during the first growing season, from May until
September.
6. Scatter fallen trees and brush piles around open space parcel.
7. Plant a vegetation (scattered shrub) barrier between active recreation areas and
detention/open space
8. Use mechanical and chemical weed control until native vegetation is established
(both upland and detention areas).
Site Visit with Gerald Craig
A site visit with raptor expert Gerald Craig was conducted on December 17, 2003.
During this site visit the location of the existing nest was identified, available foraging
areas determined, and the above proposed mitigation was discussed. Mr. Craig felt that
the conceptual mitigation was a good approach and suggested that the plan as discussed
be presented to the City of Fort Collins. Minor adjustments to the plan were suggested
by Mr. Craig, including restricting construction within 300 feet of the nest site during the
breeding season and annually monitoring the nest site. These suggestions have been
incorporated into the mitigation plan.
References
Colorado Division of Wildlife (CDOW) 1997. Suggestions For Handling Burrowing
Owl Issues; Second Draft. Prepared by Dave Weber. 1313 Broadway, Denver. 2 pp.
Craig, G.R. 2002. Recommended buffer zones and seasonal restrictions for Colorado
Raptor Nests. Colorado Division of Wildlife. January 18, 2002.
Postovit, H.R. and B.C. Postovit 1987. Mining and energy development pp. 167-172 in
Western raptor Management Symposium and Workshop. National Wildlife Federation
Scientific and Technical Series No. 12 Washington D.0 3420 pp.
Dechant, J. A., M. F. Dinkins, D. H. Johnson, L. D. Igl, C. M. Goldade, and B. R. Euliss.
2001. Effects of management practices on grassland birds: Swainson's Hawk.
Northern Prairie Wildlife Research Center, Jamestown, ND. Jamestown, ND:
Northern Prairie Wildlife Research Center Home Page.
www.npwrc.usgs.gov/resource/literatr/grasbird/fpswha/fpswha.htm. (Version
29FEB2000).
vt
COLORADO RAPTOR REGULATORY REVIEW
7. Detention pond slopes shall be seeded and mulched as per specification for other upland areas
of the project site.
8. **Outflow elevation is assumed to be final water surface elevation
9. Create a diverse prey habitat within the shrub/meadow area by grading the detention area
to create varying topography and microhabitat areas with slightly different soil
moisture characteristics, scattering brush piles randomly over uplands and detention
area
Plant Species
Number
Size
Elevation of Plants*
Box elder/Acer negundo
3
5 gal.
Soil Mounds
Peachleaf willow/Salta amygdaloides
3
5 gal.
Soil Mounds
Chokecherry/Prunus virginiana
3
5 gal.
Soil Mounds
Serviceberry/Amelanchier alnifolia
5
5 gal.
Side Slopes
Sandbar willow/Sa1GC eYigua
10
1 gal.
Depressions
Small -winged sedge/Carey praegracilis
150
2"
Depressions
Baltic rush/Juncus balticus
150
2"
Depressions
Threesquare butrush/Scirpus americana
100
14"
Depressions
It is recommended that approximately half of the plants be planted in the first growing season,
and that the ponds water surface be reevaluated at this time. If the desired water surface elevation
is not maintained, it may be necessary to choose wetland species more tolerant of drier
conditions.
Suggested Planting Plan — Upland Areas ,
1. Use an upland native seed mix (available from seed distributors) on upland areas,
the attached wetland boundary seed mix within detention area, and broadcast both
seed mixes in the transition area between upland and detention.
2. Plant 2-3 small groves of fast growing tree saplings (cottonwoods) to provide
future perches/nest sites for raptors.
3. Plant shrubs and woody vegetation to provide wildlife cover and forage. Suggested
shrubs include rabbit brush, apache plume, potentilla, cotoneaster, rocky mountain
juniper, snow berry.
4. Plant willow stakes in patches in areas with seasonally moist soils.
E.
COLORADO RAPTOR REGULATORY REVIEW
• Installation of earthen berms and vegetation, where appropriate, to create
separation from human use areas and wildlife habitat areas and to act as
visual/noise barriers.
• Annual nest monitoring. Nest monitoring will be discontinued after three
consecutive years of inactivity or documentation that the pair has moved.
Suggested Planting Plan-Shrub/Nleadow Wetland Area
1. Place a minimum of 6" topsoil on detention pond and the slopes surrounding it. Soil should
be shaped into mounds with a natural appearance. These mounds may be 6" up to 18" higher
than the low areas between them, and should comprise about 35% of the regraded area. The
steepness of the slopes surrounding the pond should vary, for a more natural appearance and
the creation of diverse micro -habitat areas.
2. Drag or harrow pond bottom/shrub meadow area to prepare for seeding.
3. Drill or broadcast seed with the following seed mix. Double rate for broadcast seeding. All
seed must be guaranteed for purity and germination, free of noxious weeds, and supplied on a
PLS basis.
Seed Species
% of Mix
PLS/Acre.
Giant mannagrass/Glyceria maxima
5%
1.0
Alkaligrass/Pucinnella distans
10%
1.5
Prairie cordgrass/Spartina pectinata
20%
3.0
Switchgrass/Panicum virgatum
25%
4.0
Western wheatgrass/Pascopyrum smithii
35%
5.0
Yellow indiangrass, holt
5%
1.2
Total
100%
15.7
4. Mulch with weed free straw at a rate of 2 ton/acre.
5. Plant the species listed in the following table between April and early June. For nursery
recommendations or other questions, contact biologist.
6. Plants must be planted at elevations indicated in table. Some plants should be placed in
clumps with individuals from 2 to 4 feet apart. Others should be scattered throughout the
detention pond bottom. Plants should be unevenly spaced.
7
COLORADO RAPTOR REGULATORY REVIEW
that the site is no longer an active nest site, then parcels within the 300-foot buffer
may be developed.
• !Mitigate — East Ridge, LLC, has also committed to a comprehensive mitigation
plan that accounts for all aspects of raptor ecology, including adequate nesting
substrate, protection from predators and human disturbance and enhancement of
native open space to provide food resources.
Site Specific Raptor Mitigation Plan for the East Ridge Site includes the
following:
• Modification of the original site development plan to increase natural open space
areas, conserve important foraging areas, move human activity areas away from
raptor foraging areas, and protecting a 300-foot buffer area for the Swainson's
hawk nest.
• Permanent protection of the existing raptor nest tree as long as nest is occupied
and remains active. Protection will consist of maintaining the row of trees
containing the existing and alternate nest sites and establishing a 300-foot buffer
around the active nest. Development of commercial/residential parcels within
300 feet of the nest tree will only be considered in the event the existing active
nest is determined to be inactive.
• Construction of needed infrastructure, such as utilities and streets within 300 feet
of the active nest site will not be conducted during the breeding season (April 1 —
July 15)
• Conservation of more than 20 acres of natural open space, including wetland, wet
meadow, and upland habitats to provide habitat for rodent and songbird species
providing foraging opportunities for raptors nesting on the property and from the
adjacent property to the south.
• Detailed planting plan using native vegetation to create diverse food and cover
habitat for prey species (see Figure 1).
• Enhancing habitat for prey species by providing structural and vegetative
diversity to increase cover and food resources for rodent and songbird species.
Conservation and enhancement of prey habitat will also provide foraging areas for
American kestrels, northern harriers and wintering raptors.
COLORADo RAPTOR REGULATORY REVIEW
Natural History of Raptors nesting on or near the site
Swainson's hawk
Swainson's hawks typically arrive in Colorado between April and early May and
nests between mid May and mid June (Andrews and Righter 1992, Kingery 1998). When
Swainson's Hawks arrive at their nesting sites, they may return to their original nests as
these hawks are noted to be monogamous. Research indicates that they have a high
degree of mate and territorial fidelity. This is an unusual occurrence in a long distance
migrant. Seven to 15 days after the birds arrive; the males begin constructing nests
(Dechant, et al. 2001). The nest consists of twigs and grasses and can take up to two
weeks to complete. New nests may be constructed, old nests refurbished, or the nests of
other species, including those of common raven, black -billed magpie, and American
crow. Nests are flimsy structures, usually smaller than the nests of the red-tailed hawk,
and often blow down after nesting season (Dechant, et al. 2001)
Clutch size ranges from one to four eggs, but averages two to three eggs. The
incubation period is 34 to 35 days, with the female incubating while the male brings food
(Dechant, et al. 2001).
Red-tailed Hawk
The red-tailed hawk inhabits open areas interspersed with patches of trees or other
elevated perch sites that provide a commanding view of the surrounding terrain in all
habitat types (Preston and Beane 1993). The overall abundance of red-tailed hawks has
increased in recent decades. Many red -tails in Colorado are year round residents others
arrive in mid -January through February. Breeding occurs in Colorado from March
through June and early July (Kingery 1998).
Mitigation Options
ERO recommends the following options for addressing raptor issues on the East
Ridge property:
Avoid/Minimize —Design the project that avoid disturbance to the Swainson's
hawk nest sites (active and alternate sites) and important foraging areas for both
the Swainson's hawk and red-tailed hawk nesting south of the property. East
Ridge, LLC, the developer of the East Ridge Property, has committed to
preserving the active nest and a 300-foot buffer surrounding the nest tree. In the
event that it is determined that the Swainson's hawks have abandoned the site or
E
COLORADO RAPTOR REGULATORY REVIEW
Compliance Recommendations
The presence of a raptor nest on a project site presents numerous obstacles for
development. Raptors are large, high profile species that occupy large home ranges and
often elicit strong emotional reactions from the general public. In addition to complying
with the policies and regulations described above, many projects must also address public
relations issues. The following is a brief synopsis for complying with the above
regulations.
Active hawk or owl nest —The CDOW will often request avoidance, minimization
and mitigation (described below) for impacts to active nest sites. The CDOW typically
considers a nest active for 3 to 5 years after its last known occupancy. Avoidance
consists of complying with the recommended buffer zones. CDOW recommendations
are frequently adopted and implemented during the development review process. Fort
Collins requires a'/4 mile buffer surrounding raptor nests. Strict enforcement of the City
of Fort Collins buffer zone standards on East Ridge is not a viable option
Site Specific Studies
Cedar Creek Associates conducted surveys and prepared an Ecological
Characterization Study Report for East Ridge Property to identify wetlands and other
ecological issues (Cedar Creek Associates 2000). Surveys were conducted in early
March and again in late August, 1999 with no evidence of raptor nesting activity such as
large stick nests or whitewash noted in any of the trees on the property (Cedar Creek
Associates 2000). Cedar Creek Associates performed a raptor nest survey in the spring
of 2003 and identified a potential nest structure, but no active nests were found at that
time. During a site visit in April of 2003, Gerald Craig and Doug Moore identified the
active Swainson's hawk nest described in this report. According to Gerald Craig
(personnel communication 17 Dec. 2003) this pair moved their nest from a large
cottonwood next to Timberline Road to a cottonwood further east within the same line of
mature trees. This nest was active in 2002. According to G. Craig an active red-tailed
nest exists along the Lake Canal, south of the project site. Great horned owls may also
nest in the vicinity.
4
COLORADO RAPTOR REGULATORY REVIEW
within a species will continue to occupy the area. Measurements are somewhat imprecise
and reflect the need to maintain some flexibility to adjust buffer zones depending upon
intervening terrain and vegetation screens that obscure human activity. The following
buffers zones are recommended for raptors known to nest within or near the East Ridge
project site. The complete buffer zone guidance is provided in Appendix A.
Red -Tailed Hawk (Buteo Jamaicensis)
Nest Site: Typically a large stick nest near the top of a large mature tree. No
surface occupancy (beyond that which historically occurred in the area) within '/mile
radius of the nest site, and associated alternate nests. Some members of this species have
adapted to urbanization and may tolerate human habitation to within 200 yards of their
nest. Development that encroaches on rural sites is likely to cause abandonment.
Seasonal restriction to human encroachment should be in effect from March 1 to July 15.
Swainson's Hawk (Buteo Swainsoni)
Nest Site: Typically a small stick and weed or twig nest, often on the periphery
of the canopy. No surface occupancy (beyond that which historically occurred in the
area) within'/4 mile radius of the nest site, and associated alternate nests.. Some members
of this species have adapted to urbanization and may tolerate human habitation to within
100 yards of their nest. Seasonal restriction to human encroachment within'/4 mile of the
nest from April 1 to July 15.
Great Horned Owl (Bubo virginianus)
Nest Site: Great horned owls do not build their own nest but will use buildings,
tree cavities, cliffs ledges, and the nests of other raptors, magpies or other birds.
Great homed owls occur in lowland riparian forests and agricultural areas, and less
commonly in urban areas, foothill riparian forests, and coniferous forests. No buffer
zones or seasonal restrictions are recommended for this species, although the MBTA
prohibits removal or destruction of an active nest.
Local Regulations and Guidelines
The City of Fort Collins, Colorado has adopted a raptor protection zone that is
implemented during the planning process for all new developments. This regulation is
based on state guidelines and consists of a'/4 mile buffer around nest sites.
3
COLORADO RAPTOR REGULATORY REVIEW
Bald and Golden Eagle Protection Act
This Act imposes criminal and civil penalties on anyone (including associations,
partnerships and corporations) in the U.S. or within its jurisdiction who, unless excepted,
takes, possesses, sells, purchases, barters, offers to sell or purchase or barter, transports,
exports or imports at any time or in any manner a bald or golden eagle, alive or dead; or
any part, nest or egg of these eagles.
Migratory Bird Treaty Act
Originally passed in 1918, the MBTA commits to the protection "of the many species
of birds that traverse certain parts of the United States and Canada in their annual
migration. Unless permitted by regulations, the Act provides that it is unlawful to pursue,
hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter,
purchase, deliver or cause to be shipped, exported, imported, transported, carried or
received any migratory bird, part, nest, egg or product, manufactured or not". In
Colorado all birds except for European starling, house sparrow, and rock dove (pigeon)
are protected under the MBTA.
State Regulation and Guidelines
According to the CDOW (Craig 2002) raptor species and individual raptors vary in
their tolerance limits to disturbance. Some individuals habituate and tolerate human
activity at a proximity that would cause the majority of the species to abandon their nests.
Other individuals become sensitized to repeated encroachment and react at greater
distances. A raptor's response also will vary depending upon the reproductive stage. A
breeding raptor pair may be more sensitive during egg laying and incubation and more
defensive of the nest site when the chicks hatch (Craig 2002). Thus the CDOW
recommends a "holistic" approach when protecting raptor habitat (Craig 2002)'that
protects both nest sites and important foraging areas that support the pairs nesting effort.
One aspect of this approach is establishing buffer zones around active nest sites. State
guidelines are exactly that "Guidelines"; however, any project that goes through a
development review process generally needs to address raptor issues.
The buffer zones and seasonal restrictions suggested by CDOW (Craig 2002) reflect
an informed opinion that if implemented, should assure that the majority of individuals
2
EAST RIDGE RkPTOR MITIGATION PLAN
Introduction
The Migratory Bird Treaty Act (MBTA) protects raptors and other migratory birds,
including active nest sites. Additionally, the Colorado Division of Wildlife (CDOW) has
adopted guidelines/regulations that recommend restrictions on human disturbance within
specified buffer zones surrounding raptor nests. The City of Fort Collins has also
established a '/4 mile buffer around all red-tailed, ferruginous and Swainson's hawk nests
(Article 3.4.1 — Fort Collins Land Use Code).
Federal Regulatory Issues
There are three main federal regulations that pertain to raptor nest sites; The
Endangered Species Act (ESA), the Bald and Golden Eagle Protection Act, and the
Migratory Bird Treaty Act. Federal and state regulations pertain primarily to active nest
sites, although theses regulations and guidelines differ in the definition of an active nest
as described below:
Federal: In the case of the MBTA, active refers to actual presence of birds at the
nest. That means that a nest that was active during the breeding season is inactive in the
fall and winter and could be "taken."
State: The state raptor biologist, Jerry Craig, believes that the nest should receive
protection for as long as birds return to it. If a nest has not been used for 3 years, the state
might give it less protection.
Endangered Species Act
The ESA provides broad protection for species of fish, wildlife and plants that are
listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for
listing species, as well as for recovery plans and the designation of critical habitat for
listed species. The Act outlines procedures for federal agencies to follow when taking
actions that may jeopardize listed species.
EAST RIDGE RAPTOR MITIGATION PLAN
FORT COLLINS, COLORADO
Prepared for —
East Ridge LLC
4190 N. Garland
Loveland, CO. 80538
Prepared by—
ERO Resources Corporation
1842 Clarkson Street
Denver, Colorado 80218
(303) 830-1188
February 12, 7<Zoo4
Mr. Greg Byrne
June 1, 2004
Page 8 of 8
It is clear that a fair and proper balance among conflicting interests is not achieved by a
strict application of this particular element of the LUC that derives from Policy ENV-5.1 and
OL-1.2, but would be applied at the expense of the other policies listed above. In summary, the
identified nest site would be protected under the buffer zone regulation, but with questionable
positive impact to overall species habitat protection, and at great cost to other community values.
Application of the spirit of fair and proper balance must lead to consideration of all the
community values reflected in the Comprehensive Plan, when considering the modification
request for this particular Property, as well as the severe impact of the buffer requirement on this
Property.
Should the buffer zone requirement of the LUC be strictly applied to the Property,
eliminating the only access option and resulting in the loss of over 51% of the total site area, the
mixed -use, residential project planned by East Ridge and envisioned in the City's comprehensive
planning documents would be rendered practically infeasible. Please see the statements of
financial impact set forth in part (1) above which are incorporated into this part (2).
In further support of its request for modification of the buffer standard, East Ridge asserts
that the granting of this request, which will allow the development of a portion of a relatively
small, isolated habitat area, would not be detrimental to the public good particularly since the
map of City raptor nest locations shows a number of hawk habitats surviving in urban settings,
the hawks have adapted well to human intrusion within 250 feet of this nest, and the project will
preserve and enhance additional acreage to provide additional habitat and foraging opportunities.
In fact, the benefit to the citizens, described in City Plan Principle OL-1 as the preservation and
protection of open lands to provide habitat for wildlife, is being well protected by the City's
aggressive acquisition of large, undisturbed natural areas through the Natural Areas Program that
will provide, within the City, it's GMA and in more rural areas, much greater opportunities for
significant preservation, enhancement and creation of hawk habitat which in turn will assure that
this resource is never lost, only relocated.
In closing, we request that you give serious consideration to East Ridge's request for
modification of standards. Please let us know if there is additional information we could provide
that would be useful in your evaluation of this request.
Sincerely,
LILEY, ROGERS & MART6L, LLC
LAL/jpk
Attachments
Mr. Greg Byrne
June 1, 2004
Page 7 of 8
City Plan Policy
Fulfillment of Policy
LU-1.1 Compact Urban
Provides required density for the Property and decreases the
Form
potential for dispersed growth.
T-1.1 Land Use Patterns
Supports effective transit and an efficient roadway system,
alternative transportation modes, and land uses within walking
distance of proposed transit stops.
T-9.2 New and Existing
Includes fair share of Timberline Road enhancement and new
Roadways
internal streets to ensure an acceptable level of service.
ECON-1.3 Infrastructure
Provides access to employment centers and housing for nearby
and Capital Facilities
workers.
HSG-1.1 Land Use
Provides housing close to employment centers, services and
Patterns
amenities.
HSG-1.2 Housing Supply
Helps City maintain an adequate supply of housing.
HSG-1.4 Land for
Maximizes the potential for developable land and promote the
Residential Development
affordability of housing.
HSG-2.3 Development
Critical in achieving project timelines, required densities, and
Practices I
predictabilityof mitigation. costs, and thus housing affordability.
GM-5.1 Phasing of
Promotes an orderly extension of utility infrastructure. The site
Development
is an infill site, with existing development in all four directions.
Without the project, proposed development to the north and east
would be forced to leapfrog.
In addition, many community needs defined in other elements of the Comprehensive Plan
could not be effectively or efficiently met, or perhaps could not be met at all, without the
requested modification of the buffer standards:
• East Mulberry Corridor Plan. This specific subarea plan envisions that
development of this Property will contribute to the planned expansion of Timberline
Road to a 6-lane arterial with multi -modal transportation functions, construct the
collector street connection through the Property between Timberline Road and the future
Greenfields Street and provide low density residential and mixed use neighborhood uses.
Mountain Vista Subarea Plan. The Mountain Vista Subarea Plan was prepared to
aid in fulfillment of the City's objective to "steer growth and development to the north"
(See page 2). According to this specific subarea plan, the multi -modal transportation
services provided by the improvement of Timberline Road are a critical link in the overall
transportation network for the northeast quadrant of the City.
Transportation Master Plan 2004. This recently adopted plan describes the future
Timberline Road/Power Trail Corridor as an opportunity to complete the Harmony Road/
College Avenue/Conifer Street/Timberline Road enhanced travel corridor loop, to link
employment and commercial activity on Harmony Road with future development along
Timberline Road and in the Mountain Vista Activity Center.
Mr. Greg Byrne
June 1, 2004
Page 6 of 8
The inability to construct access renders the entire Property undevelopable and results in
a total loss. Not only will East Ridge lose its initial investment in the Property and all monies
invested in site planning to date, it will lose all of the anticipated investment value of the
Property.
Even if the developer were allowed to construct the collector street from Timberline
Road through the buffer, it would suffer a severe hardship: (i) the East Ridge principals, with
over 30 years of combined development experience in the Fort Collins market, estimate that they
will suffer a net loss of nearly $5,000,000 with the full buffer requirement, even if access were
available (please see the attached spreadsheet which outlines East Ridge's estimated losses); (ii)
the vast majority of its development costs would remain the same (e.g., significant costs for on -
site and off -site infrastructure, utilities, wetland mitigation and enhancement) or increase (e.g.,
development of the acreage outside of the buffer would require that a second point of access be
provided; given the existing impediments to access, this second connection would also have to
cross the buffer area and would further increase the costs of the development); (iii) ongoing
property maintenance and liability costs will greatly increase (e.g., homeowners' association
responsibility for continued ownership, maintenance and liability associated with a very large
buffer area); (iv) the majority of such costs would have to be born by a significantly reduced
number of lots; and (v) the questionable success of a neighborhood center in the interior of the
project.
(2) The East Ridge Overall Development Plan would substantially address an important
community need and the strict application of the buffer zone standard would render the project
practically infeasible. See LUC Section 2.8.2R(2).
The community need test is met if the Property is allowed to develop in accordance with
the direction of the City Plan Principles and Policies, the East Mulberry Corridor Plan, the
Mountain Vista Subarea Plan and the Transportation Master Plan 2004. On the other hand, the
loss of a number of community values will be the result if this 152-acre property close to the
City's core is undevelopable.
Under the "Spirit of Fort Collins' City Plan Principles and Policies," the City recognizes
that the Comprehensive Plan "strives to achieve a fair and proper balance among conflicting
interests, to protect the rights of citizens, and to affirm community values as they have been
expressed by citizens throughout the planning: process." These community values include
compact urban form (LU-1.1), land use patterns (T-1.1 and HSG-1.1), new and existing
roadways (T-9.2), infrastructure and capital facilities (ECON-1.3), housing supply (ISG-1.2),
land for residential development (HSG-1.4), development practices (HSG-2.3) and phasing of
development (GM-5.1). Following is a summary of how the development of this Property will
fulfill these community values:
Mr. Greg Byrne
June 1, 2004
Page 5 of 8
bicycle and pedestrian traffic. The proposed Buffer Zone provides an additional 50 feet beyond
the pair's already accepted buffer distance. It is not necessary, in this case, to provide a larger,
approximated buffer distance based on projections or estimates of hypothetical behavior; it is
clear that the nesting pair have already adapted to significant human activity within 250 feet of
the nest.
Compliance with Review Criteria
For Modification of Standards
In support of its request, East Ridge asserts that two of the alternative standards for
approval of a modification request according to LUC Section 2.8.2(H) have been satisfied as
follows:
(1) By reason of extraordinary and exceptional situations, unique to such property, the
strict application of the buffer zone standard would result in unusual and exceptional
practical difficulties, and exceptional or undue hardship upon the owner of such property,
which have not been caused by the applicant. See LUC Section 2.8.2(H)(3).
A number of unique situations about this Property, combined with the 1,320-foot buffer
requirement for the hawk's nest, result in an almost insurmountable hardship to East Ridge.
The East Mulberry Corridor Plan and the Transportation Master Plan 2004 have
determined that the optimal location for the collector street access to and through the Property is
in alignment with the existing entrance to the Collins Aire Park, midway between East Vine
Drive and International Boulevard. Although alternate alignments have been proposed and
considered by the City, representatives of various City departments came to a consensus at an
interdepartmental meeting on March 18, 2004 that the collector street alignment should not be
moved either north or south because of public safety concerns and the impact that a realignment
would have on other planned improvements to the overall transportation network (i.e., the
completion of International Boulevard and the construction of a grade -separated intersection at
East Vine Drive),
Because the Property's entire frontage on Timberline Road is within the 1,320-foot buffer
zone, strict application of the buffer requirement would completely preclude construction of
access to the Property and construction of the collector street connection through the Property.
Note also that because of the lack of an existing street network, intervening railroad tracks on the
north, wetlands and existing commercial development to the south and undeveloped property on
the east, access is not possible from any other direction.
In addition to these exceptional circumstances, it is significant that approximately 61% of
the buffer zone circle is on -site resulting in the loss of approximately 77 of the 152 acres or 5 1 %
of the total site area. When coupled with the existence of an on -site wetland which requires
certain setbacks and mitigation, the developable acreage is reduced by another 12 acres, leaving
only 65 acres of the 152-acre Property, or roughly 43%, available for development.
Mr. Greg Byrne
June 1, 2004
Page 4 of 8
East Ridge and its consultants have met with the City's Planning and Natural Resources
Departments' Staff several times specifically to discuss raptor nest site buffers and performance
standards (March 25, 2003, August 14, 2003, February 9, 2004, February 19, 2004, and May 26,
2004). The meetings with Staff were helpful; however, it was agreed over the course of these
discussions that, given the severe impact of the buffer requirements, roadway alignment issues
and other site constraints, a plan for this Property could not come within the bounds of the buffer
and performance standards of Section 3.4.1 and would therefore require a modification of the
standard.
3. Raptor Nest. In connection with its Ecological Characterization Report, Cedar
Creek conducted a field survey of the Property on August 30, 2000. Cedar Creek found that "no
evidence of raptor nesting activity ... was noted in any of the trees on or near the property" and
concluded that "future raptor use of these trees is unlikely because of the proximity of
commercial/residential developments and existing roadways." Later, in March, 2003, Cedar
Creek completed two additional field surveys for raptor nests and, regarding the nest which is the
subject of this request found "no evidence of recent occupation by red-tailed hawk or other
raptor species." Seethe attached letter from Cedar Creek dated March 31, 2003.
The Colorado Department of Wildlife ("CDOW") map of raptor nest locations in the Fort
Collins vicinity does not identify the Property as having a raptor nest site, but does indicate that
there are a surprising number of nest sites both within Fort Collins and the Growth Management
Area. Please see the copy of the map attached. Also, studies conducted by the City for the East
Mulberry Corridor Plan did not indicate any concern over raptor nests, nor was any concern
about the presence of raptors on the Property raised by City Staff during the conceptual review
meetings for the ODP in either 1999 or 2002.
Swainson's Hawks are not threatened or endangered species which are afforded special
protection by State or Federal law and reputable professionals disagree about recommended
buffer distances. The City's buffer zone standards are not, admittedly, based on conclusive
scientific studies; the Natural Resources Department Staff has in fact stated in recent staff reports
to the City's Planning and Zoning Board and City Council that "very little research has been
performed on raptors nesting in urban environments." It is acknowledged by Gerald R. Craig,
the former CDOW raptor specialist, and a local raptor biologist that many species and/or
individual raptors adapt to urban environments and may tolerate human habitation to within 100
yards (300 feet) of their nest. Please see the ERO Report and the Recommended Buffer Zones
and Seasonal Restrictions for Colorado Raptor Nests prepared by Gerald R. Craig which are
attached, and the April 27, 2004 Memorandum to City Council, the May 20, 2004 Planning and
Zoning Board Staff Report and the June 1, 2004 Item Agenda Summary to City Council.
Finally, raptors and their nesting sites are "moveable" resources; even if a raptor were to leave a
site because of development -related disturbance, the resource is not lost, just relocated.
In any event, the pair of Swainson's Hawks currently nesting on the Property have
already established for themselves a de facto buffer distance with which they are clearly
comfortable. The nest is in a tree that is only 250 feet from Timberline Road, with vehicle,
Mr. Greg Byrne
June 1, 2004
Page 4 of 8
East Ridge and its consultants have met with the City's Planning and Natural Resources
Departments' Staff several times specifically to discuss raptor nest site buffers and performance
standards (March 25, 2003, August 14, 2003, February 9, 2004, February 19, 2004, and May 26,
2004). The meetings with Staff were helpful; however, it was agreed over the course of these
discussions that, given the severe impact of the buffer requirements, roadway alignment issues
and other site constraints, a plan for this Property could not come within the bounds of the buffer
and performance standards of Section 3.4.1 and would therefore require a modification of the
standard.
3. Raptor Nest. In connection with its Ecological Characterization Report, Cedar
Creek conducted a field survey of the Property on August 30, 2000. Cedar Creek found that "no
evidence of raptor nesting activity ... was noted in any of the trees on or near the property" and
concluded that "future raptor use of these trees is unlikely because of the proximity of
commercial/residential developments and existing roadways." Later, in March, 2003, Cedar
Creek completed two additional field surveys for raptor nests and, regarding the nest which is the
subject of this request found "no evidence of recent occupation by red-tailed hawk or other
raptor species." Seethe attached letter from Ceda� Creek dated March 31, 2003.
The Colorado Department of Wildlife ("CDOW") map of raptor nest locations in the Fort
Collins vicinity does not identify the Property as having a raptor nest site, but does indicate that
there are a surprising number of nest sites both within Fort Collins and the Growth Management
Area. Please. see the copy, of the map attached. Also, studies conducted by the City for the East
Mulberry Corridor Plan did not indicate any concern over raptor nests, nor was any concern
about the presence of raptors on the Property raised by City Staff during the conceptual review
meetings for the ODP in either 1999 or 2002.
Swainson's Hawks are not threatened or endangered species which are afforded special
protection by State or Federal law and reputable professionals disagree about recommended
buffer distances. The City's buffer zone standards are not, admittedly, based on conclusive
scientific studies; the Natural Resources Department Staff has in fact stated in recent staff reports
to the City's Planning and Zoning Board and City Council that "very little research has been
performed on raptors nesting in urban environments." It is acknowledged by Gerald R. Craig,
the former CDOW raptor specialist, and a local raptor biologist that many species and/or
individual raptors adapt to urban environments and may tolerate human habitation to within 100
yards (300 feet) of their nest. Please see the ERO Report and the Recommended Buffer Zones
and Seasonal Restrictions for Colorado Raptor Nests prepared by Gerald R. Craig which are
attached, and the April 27, 2004 Memorandum to City Council, the May 20, 2004 Planning and
Zoning Board Staff Report and the June 1, 2004 Item Agenda Summary to City Council.
Finally, raptors and their nesting sites are "moveable"; resources; even if a raptor were to leave a
site because of development -related disturbance, the resource is not lost, just relocated.
In any event, the pair of Swainson's Hawks currently nesting on the Property have
already established for themselves a de facto buffer distance with which they are clearly
comfortable. The nest is in a tree that is only 250 feet from Timberline Road, with vehicle,
Mr. Greg Byrne
June 1, 2004
Page 3 of 8
The Property is bounded on the west by Timberline Road; Timberline Road is slated for
improvement to a six -lane major arterial roadway and is designated in the Transportation Master
Plan 2004 as a Power Trail/Enhanced Travel Corridor. Directly across Timberline Road from
the tree where the nest is located is the entrance to the Collins Aire Park, a mobile home
community which is home to approximately 328 families. South of the mobile home park are
several commercial properties including landscaping businesses and warehouse storage. North
of the mobile home park is a heavy industrial steel fabrication use, a railroad switching yard and
the busy intersection of Timberline Road and East Vine Drive. On the north, the Property is
bounded by railroad tracks and East Vine Drive. East of the Property is cultivated farmland with
an approved overall development plan for residential uses. Directly abutting the Property on the
south are the Barker Construction and Barker Gravel businesses.
2. Project History. Planning for development of the Property has been ongoing since
1998. The first petition for annexation and Overall Development Plan ("ODP") application were
prepared and then tabled in 1999 while East Ridge negotiated with the neighbor to the south for
drainage easements, since the Property has no natural drainage outfall under normal runoff
conditions. East Ridge submitted a second ODP and petition for annexation in September, 2000,
to avoid the proposed constitutional amendment referred to as the "Smart Growth Initiative" on
the November election ballot. Shortly after failure of the Smart Growth Initiative, these
submittals were refused by the City and both applications were returned to East Ridge while the
City undertook the study of zoning and other planning issues in conjunction with a new subarea
plan, the East Mulberry Corridor Plan, and to allow further discussion about the possible
annexation of the railroad right-of-way adjacent to the north boundary of the Property.
Thereafter, in February, 2002, the Property was annexed without the railroad right-of-
way and, pending finalization and adoption of the East Mulberry Corridor Plan, was placed in
the T-Transition zone and East Ridge closed on its purchase of the Property on November 26,
2002.
In anticipation of the proposed new Low Density Mixed Use Residential ("L-M-N")
zoning designation envisioned by the East Mulberry Corridor Plan, East Ridge began preparation
of a new ODP plan for a combination of single-family, multi -family, commercial and
neighborhood center uses with approximately 18-20 acres of open lands including a wetland, wet
meadow and upland habitat. Development of the Property will also require the dedication of
right-of-way for Timberline Road improvements, construction of the local share of adjacent
Timberline Road improvements, and the payment of street oversizing fees. During this planning
process, it was determined by the City's Natural Resources Department in April, 2003 that a
large cottonwood tree on the western edge of the Property now contained a Swainson's Hawk
nest which might qualify as a Special Feature pursuant to LUC Division 3.4.1 and thus require
the establishment of an appropriate buffer zone. This new issue came as a surprise to East
Ridge, as the City's determination was contrary to all evidence previously compiled regarding
natural features on the Property.
Mr. Greg Byrne
June 1, 2004
Page 2 of 8
• Developer shall have field surveys of the tree conducted in May of each year to
verify the nest's use for nesting, and shall provide the results to the City's Natural
Resources Department.
• Limits of Development during construction shall be the same area as the final
Buffer Zone.
• City -required improvements to Timberline Road, construction of the collector
street access into and through the Property and the installation of utilities shall be
permitted within the Buffer Zone, however, no construction shall occur between
April 1 and July 15 if the nest is occupied for nesting purposes.
• Maintenance of a permanent 50-foot buffer zone around the trunk of the tree
where the nest is located for the life of the tree.
The 1,320-foot buffer, the proposed Buffer Zone and Limits of Development, and the 50-
foot permanent buffer are shown on the attached Sketch Plan and will be depicted on the ODP
and each PDP approved hereafter.
As part of its First Phase PDP plans and as recommended by the ERO Report, East Ridge
will conserve and enhance an existing wetland, wet meadow and upland habitat, totaling
approximately 18-20 acres outside of the Buffer Zone, to provide additional habitat and foraging
opportunities for any hawks using the nest. Please see the Sketch Plan for a depiction of these
on -site open lands.
East Ridge submits this modification request for the First Phase PDP it intends to file,
pursuant to LUC Section 2.8.1(2), and requests that this matter be scheduled for administrative
review by the Director of Community Planning and Environmental Services during the third
week of June, 2004.
Facts
1. Property Description. On September 2, 2000, Cedar Creek Associates, Inc.
("Cedar Creek") prepared an Ecological Characterization Report which contained a very detailed
description of the Property. A copy of the report is attached. According to the Ecological
Characterization Report, the Property is a relatively flat parcel of ground that has been
historically and is currently used for agricultural purposes. There are a number of aging native
and non-native trees on the west side of the Property that were planted as windbreaks for the
original farmsteads. The balance of the Property consists of alfalfa and grass hayfields,
grassland pasture, cultivated row cropland and an overgrazed wetland, all of which have limited
value for habitat or wildlife use in their current condition. The only wildlife habitat feature on
the Property with any potential value is the native trees. Prior to agricultural activities, the
Property was a grass prairie with forage habitat, but without trees or nesting sites.
■ LILEY, ROGERS & MARTELL, LLC •
ATTORNEYS AT LAW
June 1, 2004
Mr. Greg Byrne
Director of Community Planning
and Environmental Services
City of Fort Collins
281 N. College Ave.
Fort Collins, CO 80521
Re: East Ridge Project Development Plan
Request for Modification of Standards
Dear Greg:
RECEIV9b
J111, 10 2004
OMENT P ANMW
This firm represents East Ridge of Fort Collins, LLC ("East Ridge"), the owner and
developer of an approximately 152-acre tract of land located at the southeast corner of East Vine
Drive and Timberline Road in northeast Fort Collins (the "Property"). An overall development
plan ("ODP") for the Property is currently in the City's development review process, and East
Ridge intends to file a preliminary development plan ("PDP") upon approval of this request.
Request for Modification of Standards
East Ridge requests that it be granted a modification of the 1,320-foot buffer zone
standard required for an on -site hawk nest pursuant to Land Use Code ("LUC") Sections
3.4.1(A)(2)(d) and 3.4.1(E)(1) and, in lieu thereof, proposes that the following buffer and
conditions, which are largely based on the recommendations of ERO Resources Corporation
contained in its report dated February 12, 2004 attached hereto (the "ERO Report") apply or, in
the event that buffer zone standards less restrictive than the following are adopted by the City,
that such less restrictive standards apply:
Modification of the 1,320-foot buffer standard to an on -site buffer zone of
approximately 300 feet around the tree where the nest is located (the "Buffer
Zone"). At this time, we envision that the Buffer Zone will encompass
approximately the area depicted on the attached Sketch Plan with its final shape
and area to be subject to change based on the final alignment of access. In any
event, East Ridge commits that the Buffer Zone will encompass no less than 5.8
acres, which acreage equals the area of a buffer circle with a 300-foot radius.
• Preservation of the row of mature cottonwood trees where the nest is located.
Maintenance of the "Buffer Zone" for three years after the last verified use of the
nest for nesting, or until the nest is either destroyed or damaged beyond use by
natural forces (weather events).
I
LUCIA A. LILEY ■ JAMES A. MARTELL ■ TODD W. ROGERS
THE PETER ANDERSON HOUSE ■ 300 SOUTH HOWES STREET ■ FORT COLLINS, COLORADO 80521
TELEPHONE: (970) 221-4455 ■ FAX: (970) 221-4242
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East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 7
the East Ridge Overall Development Plan subject to the modification request
may only be processed as a Type 1 (Administrative) Review.
C. The strict application of the standard within Section 3.4.1(A)(2)(d) and
3.4.1(E)(1) would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of the property.
D. The hardship included within the justification statement are not caused by the
act or omission of the applicant.
E. Granting of the modification would substantially address an important
community need expressly defined in the City's Comprehensive Plan and
adopted policy by permitting the property to develop pursuant to the
standards within Articles 3 and 4 of the Land Use Code and the Larimer
County Urban Area Street Standards.
6. RECOMMENDATION:
Staff recommends approval of the modification request to Section 3.4.1(A)(2)(d)
and 3.4.1(E)(1) of the LUC for the East Ridge Project Development Plan, File #33-
98C.
East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 6
allow access to the property. However, according to the City
Traffic/Transportation Planning Departments, this access would be too close
to either the intersection of Timberline and Vine Drive, or Timberline and
Automation Way. If this were to occur, the access points could not handle the
anticipated traffic volumes and may pose a safety hazard. The ideal access
and future collector road as shown on the East Mulberry Corridor Plan and
the Master Street Plan is directly opposite of the northern entrance to the
mobile home community directly west of the site. This access is shown on
the attached site plan.
The buffer area itself consumes 77 of 152 acres of land. This is a significant
encumbrance on the applicant, particularly since the majority of the land is
suitable for development.
2. Substantially address an important community need and the strict
application would render the project practically infeasible.
The policies within City Plan do promote and support the provision of a
compact urban form, an efficient transit and roadway systems and land uses
within walking distance of proposed transit stops, maximizing the potential for
developable land and promoting the orderly extension of utility infrastructure.
The strict application of section 3A.1(E)(1) would leave a 77 acre "void" in
the development pattern within the northeast part of Ft Collins. This type of
development restriction would lead to the increase in development pressure
on the outer edge of ft Collins, as well as make transportation and utility
infrastructure improvements more costly, deceasing the affordability of
homes and decreasing the effectiveness of alternative transportation.
3. The granting of the modification will not be detrimental to the public
good.
There is no evidence to suggest that the granting of the modification will be a
detriment to the public good. With the granting of the modification, the site
will be permitted to proceed with a development application consistent with
the development standards included within the Ft Collins Land Use Code and
the Larimer County Urban Area Street Standards.
5. FINDINGS OF FACT/CONCLUSION:
A. The granting of the modification would not be detrimental to the public good.
B. The request for a modification to the Land Use Code is subject to review by
the Administrative Hearing Officer. Future Project Development Plans within
East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 5
community values will be the result if this 152-acre property close to the
City's core is undevelopable.
Under the "Spirit of Fort Collins' City Plan Principles and Policies," the City
recognizes that the Comprehensive Plan "strives to achieve a fair and proper
balance among conflicting interests, to protect the rights of citizens, and to
affirm community values as they have been expressed by citizens throughout
the planning process." These community values include compact urban form
(LU-1.1), land use patterns (T-1.1 and HSG-1.1), new and existing roadways
(T-9.2), infrastructure and capital facilities (ECON-1.3), housing supply
(HSG-1.2), land for residential development (HSG-1.4), development
practices (HSG-2.3) and phasing of development (GM-5.1).
4. EVALUATION OF MODIFICATION REQUEST
A. Staff's Evaluation of 3.4.1(A)(2)(d) and 3.4.1(E)(1)
The purpose of this section is to ensure that when property develop consistent with
its zoning designation, the way in which the proposed physical elements of the
development plan are designed and arranged on the site will protect the natural
habitats and features both on the site and in the vicinity of the site.
The Swainson's hawk nest located on the property is included within Section
3.4.1(A)(2)(d) of the LUC, which lists raptor habitat features, including nest sites,
communal roost sites and key concentration areas as a special feature which
warrants special protection. The table listed within Section 3.4.1(E) lists the buffer
zone standards for natural habitat and features or resources of special concern.
Red-tailed, Ferruginous and Swainson's hawks are included within this table and
are given a 1,320 foot buffer distance. Activities within a natural feature buffer zone
are limited to restoration work, emergency activities, utility installation, pedestrian
trails and recreation features.
1. Reason of extraordinary and exceptional situation.
The attached exhibit represence the 1,320 foot buffer from the habited nest.
This buffer wholly encompasses the property frontage along Timberline
Road. The strict application of this code section would prevent access to the
property from Timberline Road. Alternatively, no other opportunities exist to
provide access to the site due to the location of railroad tracks (only a grade
separated crossing would be permissible to gain access to the property) or
the adjacent private property, which does not include any public access.
Without access, the property is undevelopable. While an argument can be
made that reducing the buffer distance, even just a small amount, would
East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 4
practical difficulties, or exceptional or undue hardship upon the owner of such
property, provided that such difficulties or hardship are not caused by the act or
omission of the applicant. "
3. APPLICANT'S REQUEST
A. Applicant's Justification for 3.4.1(A)(2)(d) and 3.4.1(E)(1)
1. Reason of extraordinary and exceptional situation.
The applicant's justification statement purports that 1,320 foot buffer will have
an insurmountable hardship on the applicant.
The East Mulberry Corridor Plan and the Master Street Plan have
determined that the optimal location for the collector street access to and
through the property is in alignment with the existing entrance to the mobile
home community, midway between Vine Drive and International Boulevard.
Although alternative alignments have been considered, the preferred
collector street alignment should remain at this location. Moving this entrance
to the north or south would impact the intersection of Vine Drive and
Timberline Road, as well as the future intersection of International Boulevard
and Timberline Road.
Because the property's entire frontage on Timberline Road is within the
1,320 foot buffer zone, strict application of the buffer requirement would
completely preclude construction of access to the property and proposed
collector street through the property. This transportation network has been
determined by the East Mulberry Corridor Plan
In addition to the limited access, it is significant in that 61 % of the buffer zone
area is on -site, resulting in a loss of approximately 77 of 152 acres, or 51 % of
the total site area. When coupled with the existence of an on -site wetland
which also requires certain setbacks and mitigation, the developable acreage
is reduced by another 12 acres, leaving only 65 of the 152 acres of the
property, or roughly 43%, available for development.
2. Substantially address an important community need and the strict
application would render the project practically infeasible.
The community need test is met if the Property is allowed to develop in
accordance with the direction of the City Plan Principles and Policies, the
East Mulberry Corridor Plan, the Mountain Vista Subarea Plan and the
Transportation Master Plan 2004. On the other hand, the loss of a number of
East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 3
FINDINGS and ANALYSIS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: FA1 (County) — Undeveloped;
E: LMN — Undeveloped (Whitham ODP);
S: I (County) — Lake, gravel stockpile;
W: O (County) — Mobile Home Community
The property was annexed into the City as part of the East Ridge Annexation in January,
2002.
2. MODIFICATION REQUEST
Division 2.8 MODIFICATION OF STANDARDS
As specified in the LUC Section 2.8.2 Modification Review Procedures (H) (Standards), the
Administrative Hearing Officer shall review, consider, and approve, approve with
conditions, or deny an application for a Type 1 (Administrative) modification based upon:
". granting of the modification would not be detrimental to the public good; and
that:
the plan as submitted will advance or protect the public interests and purposes of
the standard for which the modification is requested equally well or better than
would a plan which complies with the standard for which a modification is
requested; or
The granting of a modification from the strict application of any standard would, without
impairing the intent and purpose of this Land Use Code, substantially alleviate an
existing, defined and described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the proposed project
would substantially address an important community need specifically and
expressly defined and described in the City's Comprehensive Plan, adopted policy,
ordinance or resolution of the City Council, and the strict application of such a
standard would render the project practically infeasible; or
By reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including , but not limited to, physical conditions
such as exceptional narrowness, shallowness or topography, or physical conditions
which hinder the owner's ability to install a solar energy system, the strict application
of the standard sought to be modified would result in unusual and exceptional
East Ridge Project Development Plan, Modification of Standard, File #33-98C
July 22, 2004 Administrative Hearing
Page 2
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The applicant for the East Ridge project conducted an Ecological Characterization study
for the property during the summer of 1999. This study did not indicate the presence of
raptors on the property. A later study was conducted during the spring of 2003 by Cedar
Creek and Associates. This study did find two nests on the East Ridge property, and two
nests off of the property to the south. The two nests on the property did not support any
raptors at the time, while the two nests to the south supported a Red-tailed hawk and a
Great Horned Owl. A site reconnaissance visit was conducted by both the City's Natural
Resources Department and the Colorado Division of Wildlife in the April of 2003, during
this visit, an additional active nest was located with a nesting pair of Swainson's hawks.
Based on this activity, Cedar Creek conducted a Raptor Mitigation Plan which outlined an
approach to preserve the nesting tree and provide enhancements within an adjacent
wetland area, while allowing a reasonable use of the East Ridge property. The mitigation
plans recommends a 300 foot buffer from the nesting tree which would not be developed
as long as the nest is used by raptors. The mitigation plan is the basis for the requested
modification to the 1,320 foot raptor nest buffer.
The East Ridge development plan is bounded by the Burlington Northern Railroad to the
north, Timberline Road to the west. The eastern and southern boundaries adjoin other
private property. There are no private or public access points from the adjacent private
property to the East Ridge site. The Swainson's hawk nest is located about 150 feet east
of Timberline Road, almost directly in the middle of the property. When the 1,320 foot
buffer is applied, the area includes all of the land adjacent to Timberline road. This would
preclude access to the site from Timberline Road, which is the only possible point of
access at this time. Access from Vine Drive would only be possible via a grade separated
crossing over the railroad tracks. This is not considered an acceptable alternative to
providing access from Timberline Road.
The properties to the east and south do not provide access to this property, and until these
properties develop, they are not obligated to provide the access to the East Ridge site.
Without access to the property, no development is possible. The proposed 300 foot buffer
will provide several points of access to the East Ridge site. These access points are
consistent with those recommended within the East Mulberry Corridor Plan.
The 1,320 foot buffer encompasses approximately 77 of the 152 acres of land within the
East Ridge property, and represents over'/z of the area which would strictly limit potential
development. These constraints are not caused by the applicant.
ITEM NO.
MEETING DATE
iiA
STAFF
Citv of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: East Ridge Project Development Plan —Modification of Standard - File
#33-98C
OWNER: East Ridge of Fort Collins, LLC
4190 North Garfield Avenue
Loveland, CO 80538
APPLICANT Jim Sell Design
153 West Mountain Avenue
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request for a modification to Section 3.4.1(A)(2)(d) — Raptor Habitat features,
including nest sites and communal roost sites and key concentration areas, and Section
3.4.1(E)(1) — Buffer Zone Performance Standards of the Land Use Code. In summary, the
request is to reduce the required minimum natural habitats and features buffer zone
standard from 1,320 feet for a Red-tailed, Ferruginous and Swainson's hawk nest to 300
feet from the nesting site.
The applicant is justifying the modification request by reason of extraordinary and
exceptional situations, unique to such property, the strict application of the buffer zone
standard would result in unusual and exceptional practical difficulties, and exceptional or
undue hardship upon the owner of such property. The applicant is requesting the
modification pursuant to Section 2.8.2(H)(3) and 2.8.2(H)(4) — Modification of Standards.
East Ridge is a mixed -use development plan located at the southeast corner of Vine Drive
and Timberline Road. The Overall Development Plan encompasses 152 acres and
includes 9 '/z acres of commercial, 28 acres of parks/open space, while the remaining land
will be single and multi -family residential at a density range of 5 — 12 units/acre. The
proposed project development plan will include the northwest portion of the ODP. During a
site evaluation associated with the development review process in April of 2003 staff for
the Natural Resources Department, along with a the Raptor Specialist from the Colorado
Division of Wildlife, identified an active Swainson's hawk nest located on the proposed
development site. The Swainson's hawk nest, for which the buffer modification has been
requested, is located within this phase.
The property is located within the LMN — Low Density Mixed -Use Neighborhood Zone
District.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT