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HomeMy WebLinkAboutHARMONY & I-25 - ODP - ODP140001 - SUBMITTAL DOCUMENTS - ROUND 1 - PLANNING OBJECTIVESHarmony and I – 25 ODP Submittal Statement of Planning Objectives Page 1 Harmony and I-25 ODP Submittal April 30th, 2014 Planner: Clark Mapes This submittal is the first ODP for the Harmony and I-25 Project, located at the south west corner of Harmony Road and Interstate 25. The site is bounded by the Harmony Road on the north, Kechter Road on the south, Strauss Cabin Road on the west and Interstate 25 on the east. The site is approximately 256 acres and it has been mined for gravel under 3 separate permits, details of those permits are included at the end of this narrative. The site is divided roughly in half, north to south into two separate zoning districts, Harmony Corridor on the north (approx. 140 AC) and Rural Lands on the south (approx. 125AC). The site currently sits in the Poudre River Floodplain, with the half foot floodway boundary dividing the site roughly in half east to west, with approximately 109 AC to the west of the line in the flood fringe, and 156 AC to the east of the line in the floodway. The scope of this ODP includes the entire property, but we have limited the land uses to the northwest corner, the area that is out of the floodway, and in the Harmony Corridor zoning. The rest of the site will be added as ODP amendments, as the following tasks are completed. 1. CLOMR/LOMR is submitted to channelize the offsite flows that impact the site, and bring more of the site out of the floodway. 2. An amendment to the Harmony Corridor Plan specifically looking at developing a gateway district for the Harmony and I-25 interchange. 3. A possible structure plan amendment. Below and on the following pages is the information required on the ODP checklist under the Statement of Planning Objectives. Following that is a response to 12 questions that were posed to the applicant by the City of Fort Collins Senior Environmental Planner. Following that is a letter from the State Engineer regarding Water Augmentation and Storage. Statement of Appropriate City Plan Principles and Policies achieved by the proposed Overall Development Plan  EH1 – The City will pursue development of a vibrant and resilient economy that reflects the values of our unique community in a changing world.  Policy EH 1.1 – Support Job Creation  This project will support job creation by developing an employment center in southeast Fort Collins.  Policy EH 1.2 – Maximize Retail Sales Tax Revenue  This project will include new retail and restaurant space in the first phase that will contribute to the City Sales Tax Revenue.  Principle ENV 3: Open lands will benefit the City by providing a well-defined edge, establishing community separators, directing development, and conserving rural character. Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 2  Policy ENV 3.2 – Plan for Community Separators  Currently the floodplain will be used as a community buffer between Fort Collins and Timnath. Future development on this site will provide natural buffering along the eastern side of the site.  Principle ENV 4: The City will pursue new opportunities to provide multi-functional open lands.  Policy ENV 4.1 – Improve Connectivity  Existing wildlife corridors along the Boxelder and Fossil Creek inlet ditches shall be protected through this site.  Policy ENV 4.3 – Improve Water Quality and Detention  Development of the site will incorporate many innovative concepts in stormwater management and infiltration. These concepts will be further developed at the PDP and FDP level.  Policy ENV 4.6 – Utilize Corridors  This project will protect and enhance some of the existing wildlife corridors on the site, while creating corridors for pedestrians, bicycles and other types of public access through the site.  Principle ENV 19: The City will pursue opportunities to protect and restore the natural function of the community’s urban watersheds and streams as a key component of minimizing flood risk, reducing urban runoff pollution, and improving the ecological health of urban streams.  Policy ENV 19.1 – Employ a Watershed Approach to Stormwater Management  This site is intended to employ a watershed approach to stormwater management by using a variety of techniques, including buffer areas, grass lines swales, permeable paving and detention ponds.  Policy ENV 19.2 – Pursue Low Impact Development  This project will pursue low impact development techniques to protect the downstream water quality from impacts of the development.  Principle ENV 20: The City will develop an integrated stormwater management program that addresses the impacts of urbanization on the City’s urban watershed. As part of that program, the City will implement requirements and strategies for multi- functional stormwater facilities that support density goals for development and redevelopment at a sub-watershed level.  Policy ENV 20.2 – Follow Design Criteria for Stormwater Facilities  This project will follow all of the current design criteria for Stormwater facilities.  Principle ENV 29: The City will collaborate with gravel mining interests to ensure that mining operations are conducted to meet community values and restore ecological function. Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 3  Policy ENV 29.2 – Reclaim Gravel Mined Areas  This site is a gravel mine that has not been fully reclaimed. There are significant opportunities to enhance the site through the course of development.  Principle LIV 4: Development will provide and pay its share of the cost of providing needed public facilities and services concurrent with development.  Policy LIV 4.1 – Ensure Adequate Public Facilities  This site is consistent with the Fort Collins City Plan and will install utilities to ensure adequate service to the site.  Principle LIV 10: The city’s streetscapes will be designed with consideration to the visual character and the experience of users and adjacent properties. Together, the layout of the street network and the streets themselves will contribute to the character, form, and scale of the city.  Policy LIV 10.1 – Design Safe, Functional, and Visually Appealing Streets  All new streets in the project will meet or exceed the standards set by the City of Fort Collins.  Policy LIV 10.2 – Incorporate Street Trees  Street trees shall be used to create an urban tree canopy. To the greatest extent feasible existing vegetation deemed to be valuable will be protected in place.  Policy LIV 10.3 – Tailor Street Lighting  Lighting for this project, including street lights, will be designed to protect the dark sky views, and have an emphasis on a variety of fixtures that will provide different levels of service for specific situations.  Principle LIV 11: Public spaces, such as civic buildings, plazas, outdoor spaces, and parks will be integrated throughout the community and designed to be functional, accessible, attractive, safe, and comfortable.  Policy LIV 11.2 – Incorporate Public Spaces  As the development moves through the design and approval process, public spaces will be incorporated and linked together.  Principle LIV12: Security and crime prevention will be important factors in urban design.  Policy LIV 12.1 – Design for Crime Prevention and Security  Natural crime prevention approaches will be utilized during site design.  Policy LIV 12.2 – Utilize Security Lighting and Landscaping  Security will be a consideration for both the lighting and the landscape design. Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 4  Principle LIV 13: Community gateways are located at primary entryways into the community, including at the I-25 corridor interchanges, at the north and south ends of College Avenue, and at entrances to unique districts and corridors (such as the Downtown River District). The City will recognize gateways as important locations to draw attention to and convey the character of the surrounding district.  Policy LIV 13.1 – Enhance Interchange Gateways  This project will begin to explore the Harmony and I-25 Gateway. The future phases of this project will most likely include an amendment to the Harmony Corridor Plan and will further define the Gateway District.  Policy LIV 13.3 – Establish Gateway Design  This project will begin to explore the Harmony and I-25 Gateway. The future phases of this project will most likely include an amendment to the Harmony Corridor Plan and will further define the Gateway District.  LANDSCAPE DESIGN Principle LIV 14: Require quality and ecologically sound landscape design practices for all public and private development projects throughout the community.  Policy LIV 14.1 – Encourage Unique Landscape Features  This project has the potential to incorporate many unique and progressive landscape features that will be explored through the Design Process.  Policy LIV 14.2 – Promote Functional Landscape  This project will have a variety of functional landscape elements, from turf and tree lined streets to naturalized swales and detention ponds.  Policy LIV 14.3 – Design Low Maintenance Landscapes  This project will install landscape that is designed for the life cycle of the project and promote low maintenance landscape principles.  Principle LIV 19: The City Structure Plan Map establishes the desired development pattern for the City, serving as a blueprint for the community’s desired future.  Policy LIV 19.1 – Land Use Designations  This project is in accordance with the City Structure plan.  PRINCIPLE LIV 21: New neighborhoods will be integral parts of the broader community structure, connected through shared facilities such as streets, schools, parks, transit stops, trails, civic facilities, and a Neighborhood Commercial Center or Community Commercial District.  Policy LIV 21.1 – Establish an Interconnected Street and Pedestrian Network  This development will plan for connections to future projects as they develop adjacent to the site.  Policy LIV 21.2 – Design Walkable Blocks Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 5  This project will have a strong internal pedestrian circulation system that will link the uses together to avoid a vehicular centric development.  Policy LIV 21.4 – Provide Access to Transit  This project plans to utilize the existing transit hub located across Harmony Road, and hopefully will incorporate some level of service directly from Transfort as it is available.  Principle LIV 30: Commercial Districts will be designed to accommodate all modes of travel – pedestrian, bicycle, transit, and motor vehicle – in a compact setting.  Policy LIV 30.1 – Provide a Balanced Circulation System  This site will support and encourage all modes of transportation.  Policy LIV 30.2 –Connect to Surrounding Neighborhoods  This project will plan connections to future development around the perimeter of the site.  Policy LIV 30.3 – Improve Pedestrian and Bicycle Access  Bicycle and Pedestrian access will be a key component of the site design phase of this project.  Policy LIV 30.4 – Reduce Visual Impacts of Parking  Parking will be screened to the greatest extent possible, with buildings fronting on the major roads and parking more internal to the site.  Principle LIV 31: Each commercial District should feature a mix of uses and an attractive and inviting public realm that encourages pedestrian activity, reinforces the unique identify of the District, and complements the scale and character of surrounding neighborhoods.  Policy LIV 31.1 – Relationship of Commercial District Uses  The commercial pieces of this project will be organized to support existing and planned transit and promote pedestrian activity through site design.  Policy LIV 31.2 – Site Layout and Building Orientation  Buildings will be oriented with the building faces towards the main streets.  Policy LIV 31.4 – Design for Pedestrian Activity  Buildings will be arranged to promote pedestrian connectivity and access.  Policy LIV 31.5 – Incorporate Public Spaces and Community Facilities  Public spaces shall be incorporated into the design of this development.  Principle LIV 38: Employment Districts will be the major employment centers in the community, and will also include a variety of complementary uses to meet the needs of employees. By design, they will be accessible to the City’s multimodal Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 6 transportation system and encourage walking, bicycling, car and van pooling, and transit use.  Policy LIV 38.1 - Mix of Uses  This site will incorporate a mix of uses to support the employment focused development set forth by the Harmony Corridor Subarea Plan.  Policy LIV 38.5 – Coordinate District Design  This site will be developed with a coordinated cohesive look to create a campus feel for the office complex.  Policy LIV 38.6 – Design for Accessibility  This site will be designed to accommodate multiple modes of transportation.  Policy LIV 38.7– Address Parking  Parking for this site will be internal to the development and will be situated so as not to conflict with other modes of transportation.  Policy LIV 38.8 – Provide Walkways and Bikeways  Bicycle and Pedestrian access will be a key component of the site design phase of this project.  Policy LIV 38.10 – Link to Transit  This project plans to utilize the existing transit hub located across Harmony Road, and hopefully will incorporate some level of service directly from Transfort as it is available and appropriate.  Principle LIV 43: Enhanced Travel Corridors will be strategic and specialized Transportation Corridors that contain amenities and designs that specifically promote walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide high frequency/ high efficiency travel opportunities for all modes linking major activity centers and districts in the city.  Policy LIV 43.1 – Integrate Land Use and Transportation Decisions  This project plans to utilize the existing transit hub located across Harmony Road and the enhanced travel corridor associated with Harmony Road. Hopefully this site will be incorporate some level of service directly from Transfort as it is available.  Policy LIV 43.3 – Support Transit-Supportive Development Patterns  This project plans to utilize the existing transit hub located across Harmony Road and the enhanced travel corridor associated with Harmony Road. Hopefully this site will be incorporate some level of service directly from Transfort as it is available. Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 7  Description of existing and proposed: o Open space  Currently the entire site could be considered private open space, with the northern portion a level area that is mostly devoid of vegetation aside from rabbit brush and trees along Harmony Road. The southern part of the site within the Limits of Development Boundary is exposed groundwater in the remnants of a gravel mine. The proposed development will incorporate open space in several different ways. Each parcel will incorporate open space that is appropriate for the design of that site, including open drainage swales, buffers, native and adaptive planting areas, plazas and turf areas as appropriate. In addition to the site specific open space, a 3+ acre parcel located along Harmony road has been set aside as open space. There is a possibility that a large swale may be required in this area to help contain a 100 year storm event that would overtop Harmony Road and pass through the project site. In addition to this swale, this area will be used to install the required 80’ buffer set forth in the Harmony Corridor Plan. This area will be a slightly modified from the normal Oak palette, using more riparian species to relate to the northern side of Harmony Road. o Buffering  Currently, there is not any buffering to speak of on the site. Future buffers will be determined on a case by case basis at the time of PDP/FDP submittal, as the impacts, mitigation potential, requirements, and current conditions will be better understood at that time. There are a few features that will require buffering as specific PDP/FDP’s are developed, a few that are impacted by current Limits of Development are listed below. The applicant acknowledges that there are other significant features that are outside of the current limits of development that will require buffering.  Irrigation Ditches – 50’  Wetlands 50-300’ (dependent on size and water fowl usage)  Lakes or reservoirs 100’ o Landscaping  Existing landscaping is a mix of native and invasive vegetation, located on a partially reclaimed gravel mining site. There are a few significant trees that have established on the banks of the gravel pits, and there is a row of evergreen trees along Harmony Road that will be preserved to the greatest extent possible. Proposed vegetation will be a mix of actively maintained turf and shrub beds and passive natural Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 8 areas, dependent upon the character of the specific site development plans. The streetscape will be tree lined, and in areas of detached walk, a turf tree lawn. In areas with an attached walk, street trees will be located behind the walk, in a planting bed or turf area, depending on the situation. o Circulation  Currently there is no circulation through the site. This ODP is introducing a structure of roadways that will serve the first phase of the development. The roadway design access the public ROW from Straus Cabin Road in 4 locations, spaced approximately 660’ apart. This structure of roadways will provide the basis for specific site development of each parcel. As parcels are developed, they will set a pattern of connectivity to the adjacent parcels, with a hierarchy of transportation circulation including pedestrian, bicycle, motor vehicle and public transportation. As listed in the policies above, these networks will be designed to work independently and collaboratively to ensure that user conflicts will be avoided as much as possible. Future phases of the ODP will show additional access points and more circulation as more of the site becomes eligible for planning and development. o Transition Areas  The areas around this site are largely undeveloped and thus there are not any existing transition areas. The specific PDP/FDP plans will demonstrate transitions in specific parcels, and the transition from Harmony Road into this site. There is a large parcel of open space planned for the transition from Harmony Road that will be consistent with the guidelines listed in the Harmony Corridor plan. o Wetlands  Preliminary site visits by the team have indicated that there are wetlands present on the site within the limits of the development for this ODP. A full mapping of the wetlands for each phase will be completed, along with an ECS report, at the time of the individual PDP/FDP application. It is understood that mitigation will be required for disturbed wetlands on each development parcel, and the details of that mitigation will be worked out at the time of PDP/FDP. o Natural Areas  This project site is a former gravel mine that was abandoned and the mining permit was revoked and terminated. The bond that would usually go towards reclamation of the site was lost when the bank holding said bond declared bankruptcy. The intent of the former Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 9 developer was to fill in the current ground water ponds as part of an overall mitigation and reclamation plan, however the project fell apart prior to those plans being finalized and submitted to the Division of Reclamation, Mining and Safety. In the time between the last development and the current development, the site has been unattended and has naturalized due to neglect. We will continue to work with City Staff as this development proceeds, to assess the true value of the site. Additional information on this topic is included at the end of this narrative, as responses to questions provided by the City’s Senior Environmental Planner.  Estimated number of employees for commercial and industrial uses o This in unknown at this point.  Description of rationale behind the assumptions and choices made by the applicant. o Rationale for the most of the decisions made by the Applicant and the Development team are contained in this narrative, and the applicant would be happy to provide additional information on specific topics if more information is requested by the City.  Written narrative addressing each issue raised at the community meeting o No issues were raised at the community meeting that were not addressed at the meeting. City staff is preparing a finalized report of the issues discussed at the meeting.  Name of the Project as well as any previous names the project may have been known by. o This project is currently known as the Harmony and I-25 Project. This property has been known as other names by previous developers, but this is the only name used by this developer.  A narrative describing how conflicts between land uses are being avoided or mitigated. o At this time, we do not anticipate any conflicts between land uses on this property or on adjacent properties. Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 10 Below is a list of questions that was supplied by the City of Fort Collins Senior Environmental Planner to the applicant prior to the submittal. These questions and the answers associated with them pertain to an area that is partially in the Limits of Development of this ODP, and partially outside of the Limits of Development. The current area of the ODP is defined on the south by the zoning boundary and on the east by the .5 foot floodway line. This leaves the entire Wellington Downs Reservoir out of the current scope, and it divides the western most of the 3 Weitzel Pit pond as partially in the boundary and partially out of the boundary, with the other two ponds outside of the boundary. 1. Describe the waterfowl/wildlife use of the site and surrounding area. We have no specific data on waterfowl or wildlife use of the area. Incidental observations indicate the Wellington Downs Pond has developing wetlands, shallow water areas, and exposed mudflats receive a fair amount of use by migratory waterfowl and shorebirds. The Weitzel Pit Ponds do not support as diverse of mix of wetland and aquatic habitats but still likely receive some use as stopover and resting areas for migratory waterfowl. Observed presence of Canada goose pair presence on the Weitzel Pit Ponds may indicate nesting by this species in the area. Brief site visits have recorded the presence of prairie dogs and cottontails, and observations of tracks indicate deer and raccoon also use the site. The relatively open nature of the site and the presence of prairie dogs, cottontails, and likely other small mammals also make the area suitable for hunting by raptors such as red-tailed hawk, Swainson’s hawk, and great horned owl. Open water portions of the site may also be hunted by bald eagles for fish since these ponds are within the hunting range of at least one nesting pair of bald eagles. 2. General site vegetation description The overall site is currently dominated primarily by open water, aquatic habitats. Habitats surrounding the existing ponds consist of emergent wetlands, non-native upland grasslands, and rabbitbrush shrublands. Emergent wetlands are supported primarily along the west side of the Wellington Downs Pond and around the edges of open water areas within the Wellington Downs Pond. Development of emergent wetlands around the perimeters of remaining Weitzel Pit Ponds is minimal and is restricted by relatively steep embankments, typical of abandoned gravel mine pits. The areas within the Wellington Downs Pond represent the most diverse mix of habitats on the site due to the mix of open, shallow water areas, emergent wetlands, exposed mudflats, and developing woody riparian vegetation (primarily young cottonwood trees) along some shoreline areas. The dominant tree species around the three Weitzel Pit Ponds is Russian olive. A couple of large eastern cottonwood trees grow between the Wellington Downs Pond and the Weitzel Pit Ponds. Additional tree stands of unknown species grow near the southeast corner of the site Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 11 3. General values provided by the site and the surrounding landscape The rabbitbrush shrublands and non-native grassland uplands represent relatively low value wildlife habitat in terms of vegetation species and structural diversity. However these habitat areas do provide suitable habitat for small mammal populations, ground nesting or shrub nesting songbirds, and hunting habitat for open-country raptors such as red-tailed hawk and Swainson’s hawk. The three ground water fed Weitzel Pit Ponds appear to support relatively constant water levels and may support some fish populations, but this is unknown. The presence of a great blue heron nest tree near the middle of the east side of the site may also indicate suitable fish prey are present in these ponds, although great blue herons are also known to fly several miles from nest sites to feed. As indicated under Item 2, the Wellington Downs Pond represents the most diverse mix of habitats on the site due to the mix of open, shallow water areas, emergent wetlands, exposed mudflats, and developing woody riparian vegetation (primarily young cottonwood trees) along some shoreline areas. 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 upland 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. 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. The current most prominent wildlife habitat feature supported on the site is the great blue heron nest site in a large eastern cottonwood tree near the southeast corner of the Weitzel Pit Ponds. Great blue herons are colonial nesters, and several nests have been constructed in this tree. Several of the nests are currently occupied, but the actual number of occupied nests is unknown. Additional information on the heronry is provided under Item 10 below. 4. Nesting seasons of the various species Great blue heron: March through July Canada goose: Late March through July Other Waterfowl: May through July Songbirds: April through June 5. Document source of water a. There is no approved source of water for any of the ponds. The water in the Weitzel Pit ponds is exposed ground water. The water in the Wellington Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 12 Downs Reservoir is a result of precipitation and seepage from the unlined ditches to the west of the Reservoir. 6. Status of the mining permit a. There are three mining permits that pertain to the site, none of which are active: i. Stute Pit M-1981-007– Located on the Harmony Gardens Site. This permit is terminated and the existing pond is a state certified lined pond. ii. Weitzel Pit M-1986-050 – 3 ponds located in the center of the property. This permit has been revoked and terminated, one pond (the smallest and most central) is pre 1981, and the other two ponds require augmentation. iii. Wellington Downs Pit M-1995-035 – Located on the south half of the site. This permit is Revoked and Terminated and the existing pond is a state certified reservoir. 7. Have the ponds been augmented: a. The north pond – AKA Weitzel Pit Ponds i. A Supplemental Water Supply Plan is being developed for the Weitzel Pits in accordance with the attached letter from the State Engineers Office. b. The south pond – AKA the Wellington Downs Pond i. This pond is lined and does not require augmentation. c. Are any of the ponds pre-1981 i. Only the center pond of the three Weitzel Pit ponds is pre 1981 8. Are there surface water rights on the south pond? a. No 9. Is the south pond on in its own trajectory? a. The water that is currently in the south pond is the accumulation of precipitation and seepage from the two adjacent unlined ditches. To the applicant and consultant’s best knowledge and research, no water has been directly added to this reservoir via any Priority System of Delivery. Based on our meeting with the State Engineer, the water must be pumped out of the South pond as it was not placed there in accordance with the Priority System and it must be returned to the stream system, see attached letter from State Engineer. 10. What is the value of the rookery? How long it is expected to last? It is very difficult to place a value on the current heronry or know how long it will last. Great blue herons are colonial nesters and typically require large, tall trees or groups of these trees near rivers, reservoirs, or wetlands for their nest sites. The bulk and size of nests in a heronry can vary with the number of years a nest site has been used. The relative small stature of the existing nests indicate the current heronry to be relatively young. Based on incidental observations, the heronry at the site has been used for at least 2 years, or possibly a year or Harmony and I – 25 ODP Submittal Statement of Planning Objectives Page 13 two longer. Great blue herons switch or abandon nest sites periodically, and the total number of heronries in use at any one time can be smaller than all the sites available and used over the years. Breeding Bird Surveys (BBS) indicate populations of great blue herons have been steadily increasing in most parts of North America. Many sources state the need for a relatively undisturbed site for breeding and that they are vulnerable to habitat loss and human intrusions that can disrupt nesting colonies. Non- disturbance buffers have been established for heronries in an effort to prevent human disturbance of these nest sites (City of Fort Collins - 835 feet; Colorado Parks and Wildlife - 500 meters). The fact that this heronry has been established near the I-25 corridor indicates some acceptance by this nesting colony to nearby motorized disturbance. Several sources also indicate repeated human intrusion into nesting areas often results in the abandonment of eggs or chicks and nest failure. Great blue herons are protected by the federal Migratory Bird Treaty Act (MBTA), and human activities that cause nest abandonment would be in violation of the MBTA. Changes in nearby habitats such as pond loss or increased development outside of the nesting season could render this site unsuitable for future nesting and result in the abandonment of this nesting site for another site with more suitable habitat conditions. 11. Was there an ECS completed on this site last time? If so, can you provide that as well? There has been no previous ECS Report prepared for the site. Cedar Creek previously delineated the wetlands around the perimeter of the Wellington Downs Pond, but not within the Wellington Downs Pond, in April 2010. 12. Are the wetlands regulated by the ACOE? We are currently working with the ACOE to get a Juristional Determination (JD) on this site. A previous JD had been done on the site in 2010, and the findings were that the ditches and associated wetlands were jurisdictional, but none of the ponds were considered under the ACOE’s jurisdiction. As this information becomes available, we will provide it to the City.