On Tuesday, November 19, 2019, Longmont City staff presented an update on the Sustainable Evaluation System tool they are developing to “score” development applications on their value with regard to profitability, environmental sustainability, and social equity.
Staff asked for direction from Council with regard to what “adjacent” to riparian areas means in terms of what properties the SES tool would be applicable too and what water bodies should be added to the 150 foot riparian setback requirement. City staff recommended that the tool initially only be used to evaluate development applications seeking a variance to the 150 foot setback. Staff also recommended that the 150 foot setback be initially extended only to those portions of the additional waterways mentioned in the Wildlife Management Plan update (Dry Creek #1, Lykins Gulch, Spring Gulch #1 and Spring Gulch #2) for which the setback would be easiest (cheaper, more efficient, best quality habitat etc.) to implement. In the attached slide show, those sections are marked in green on the map.
The current Longmont Development Code applies a 100 foot setback for development along all waterways not specifically mentioned in the Code. Any variance requests for development along these waterways, as well as the ones to which the 150 foot setback requirement apply, would have to go to City Council for approval.
City Council concurred with Staff’s recommendations.
Click on the picture below to access the link to view the full PowerPoint presentation.
The U.S. Army Corps of Engineers (USACE), in cooperation with the City of Longmont held a flood risk management study open house on Wednesday, September 18th at the Longmont Museum. During the open house, USACE presented its draft feasibility study to determine the best alternative for their assistance on a stretch of St. Vrain Creek near Izaak Walton Pond Nature Area.
The recommended plan includes a levee on the south side of the pond, channel widening and benching, replacement of the Boston Avenue Bridge, grade control downstream of Sunset Street Bridge, and construction of a stretch of retaining walls.
Email your comments on the report to firstname.lastname@example.org or mail to: U.S. Army Corps of Engineers, Omaha District, CENWO-PMA-A, ATTN: Tim Goode, 1616 Capitol Avenue, Omaha, NE 68102-4901. Comments must be postmarked or received by Oct. 4, 2019.
Longmont City staff have completed a final draft of the Wildlife Management Plan (WMP) update. This draft can be read here. This final WMP will be voted on for approval by City Council on Tuesday, September 24th.
Stand with Our St. Vrain Creek is pleased that staff has revised the WMP to provide further protections to riparian areas by adopting Fort Collins’ criteria for allowing variances to the current 150-foot riparian conservation buffer. While the WMP is not regulation, the language in the WMP will be used to inform the protections for wildlife and habitat and riparian and stream protections within Longmont’s Land Development Code.
We strongly urge you to write to City Council urging them to approve the WMP and are asking for people to show up wearing green to the City Council meeting on 9/24 at 7pm to show their support for the revised WMP.
Lefthand Brewing Company has put in their development application for a “cultural event center” adjacent to St. Vrain Creek. (Supporting documents for the application can be found here.) This facility is planned to consist of a beer garden and temporary stage that will be designed to accommodate up to, but not limited to, 1,500 people per event. Though this development is not planned to encroach upon the 150 foot riparian conservation buffer, Stand With Our St. Vrain Creek is concerned about the noise pollution resulting from this facility.
The acoustic study done for the proposal anticipates that concerts at the venue will likely be 95 DBA at the back of the audience, or occasionally 100 DBA for larger events. This is based on volume readings done at Lefthand Brewing concerts currently held at Roosevelt Park. While sound tapers off the farther away from the source, it is anticipated that the noise from the facility could be as high as 77 DBA for residences across St. Vrain Creek to the south. Per Lefthand Brewing’s own acoustic study, 77 DBA is louder than a large dog barking 50 feet away. Lefthand has not provided any proposed mitigation of this noise pollution.
Water carries sound and, with most of the vegetation being removed from the river channel as part of the Resilient St. Vrain flood mitigation project, the noise pollution from the unspecified number of events at Lefthand’s proposed event center each week will carry up and downstream. While residents nearby are likely to be annoyed, such noise pollution could be much more damaging to wildlife using the river corridor. Wildlife tends to move at night, when it’s most likely that concerts will be happening. That means that the area around this new facility could become a bottleneck along a proven wildlife movement corridor. For resident animals, such as birds, studies have shown that noise pollution increases stress levels and shortens lives.
As mentioned, Lefthand has not provided any proposed mitigation of their noise pollution. We expect they will try to get new code requirements instituted that will allow a higher threshold for noise pollution. The Longmont municipal code currently restricts noise in residential areas to 55 DBA during the day and 50 DBA at night. Because the decibel scale is logarithmic rather than linear, this means that 77 DBA is over 4 times as loud as 50 DBA.
Please send your comments to Brien Schumacher at Brien.Schumacher@longmontcolorado.gov, the Longmont City Planner assigned to this project and tell him that Lefthand Brewing must mitigate the noise from their events rather than changing the rules to suit them.
Left Hand Brewing has formally submitted their application for their cultural event center. Here are the supporting documents (click on the pictures below to open and read).
While this application does not ask for a variance from the 150 foot conservation buffer along St. Vrain Creek, of particular concern are the noise levels measured by Left Hand’s consultant. Per typical concerts put on by Left Hand at Roosevelt Park, the decibel level at the back of the venue may average 95 DBA, though this level may fluctuate up and down.
Sound levels fall off the farther from the source you get. However, the consultant estimated that sound levels across the river to the south at the nearest homes could be as high as 77 DBA. For comparison, a concrete mixer 50 feet away has a DBA of 80, while a large dog barking 50 feet away has a DBA of 70.
Currently, Longmont has a noise ordinance in chapter 10.20.110 of the Longmont Municipal Code that prohibits noise levels higher than 55 DBA during the day and 50 DBA during the night in residential areas unless a special event permit has been issued. Because Longmont does not have any ordinances dealing with music events at designated venues, Left Hand will almost certainly be seeking to change the noise ordinance.
If anything about this application concerns you, please send your comments regarding the cultural event center application to City Planner Brien Schumacher. He can be contacted by calling (303) 651-8764 or by emailing Brien.Schumacher@longmontcolorado.gov. There will very likely NOT be a second neighborhood meeting.
Longmont City staff have completed a draft of the Wildlife Management Plan update. This draft can be read here.
Because the Wildlife Management Plan directly informs the protections for wildlife and habitat and riparian and stream protections within Longmont’s Land Development Code, it is crucial that the Wildlife Management Plan update “get it right.” Therefore, we’re asking that the following changes be made before it is adopted by Council. Our full comments can be found here.
We strongly urge you to consider writing to City Council in support of the below recommendations and/or to speak during public invited to be heard when the Wildlife Management Plan update is scheduled to be discussed at an upcoming city council meeting. We’ll announce when that is as soon as we hear when that will be.
Table 1. Suggested Changes to the Draft Action Table
Draft Action from Wildlife Management Plan
Rationale for change
1.1.c/2.1.g For any project in which the City is the applicant/proponent (e.g., road or utility crossings of streams, construction of greenway trails), design the project to avoid or minimize habitat loss to the extent practicable, even if such loss could be permitted by the U.S. Fish and Wildlife Service. (pages 95 and 97 of WMP)
Currently the action type for this recommendation is BMP (best management practice).
We recommend codifying this language by placing it into the Land Development Code.
We believe the City of Longmont should be held to the same standard as private developers.
5.2.a. Adopt a BMP for City lands that establishes a minimum setback of 150 feet and a preferred (where practicable) setback of 200 feet or greater for trails, roads, and other facilities within or along riparian corridors, including ditches that support riparian trees and shrubs. Exceptions may include crossing points of bridges and portions of soft-surface, pedestrian-only “nature trails” that may approach more closely in limited areas for wildlife viewing. Lighting shall generally be discouraged on trails near riparian areas or other high-quality habitat areas. However, if there is an expressed community need for lighting, the city should install lighting that meets the community’s needs while also being as “wildlife friendly” as is feasible given the trail location and project budget. (page 112 of WMP)
5.2.a. Adopt a BMP for City lands that establishes a minimum setback of 150 feet and a preferred (where practicable) setback of 200 feet or greater for trails, roads, and other facilities within or along riparian corridors, including ditches that support riparian trees and shrubs. Exceptions may include crossing points of bridges and portions of soft-surface, pedestrian-only “nature trails” that may approach more closely in limited areas for wildlife viewing. Lighting shall generally be discouraged on trails near riparian areas or other high-quality habitat areas. However, if there is an expressed community need for lighting, the city should install lighting that meets the community’s needs while also being as “wildlife friendly” as is feasible given the trail location and project budget.
Artificial lighting disrupts animals’ breeding and foraging behaviors, increases the risk of predation, impedes navigation and migration patterns, and may even lead directly to death (some evidence suggests artificial lighting may increase mammalian roadkill; insects become disoriented by lights and may die in light fixtures). Because of this, artificial lights should not be installed near our wildlife habitats.
5.2.d. As funds and staff resources allow, gather baseline data on wildlife presence and use throughout Longmont. This may include, but is not limited to, species inventories, presence/absence surveys, habitat suitability assessments, citizen science BMPs, pre- and post-project monitoring, etc. With such foundational data, the City will better understand wildlife and habitat conditions prior to impacts by a project or a natural disaster and will be able to use these conditions as a reference or baseline for restoration. (page 113 of WMP)
5.2.d.As funds and staff resources allow, gather baseline data on wildlife presence and use throughout Longmont. This may include, but is not limited to, species inventories, presence/absence surveys, habitat suitability assessments, citizen science BMPs, pre- and post-project monitoring, etc. With such foundational data, the City will better understand wildlife and habitat conditions prior to impacts by a project or a natural disaster and will be able to use these conditions as a reference or baseline for restoration.
Baseline data are crucial to understanding what wildlife are in the city, where they are, and when they are present. Without these data it is difficult if not impossible to manage and protect Longmont’s wildlife. Therefore, we recommend prioritizing such data collection and striking the phrase “As funds and staff resources allow.”
5.2.e. As funds and staff resources allow, map and assess riparian corridors throughout the Longmont area to define “reaches” based on similar vegetative structure and composition (and thus wildlife habitat quality). These designations can be used to guide restoration projects or inform the approval of and requirements for variance requests. (page 113 of WMP)
5.2.e.As funds and staff resources allow, map and assess riparian corridors throughout the Longmont area to define “reaches” based on similar vegetative structure and composition (and thus wildlife habitat quality). These designations can be used to guide restoration projects or inform the approval of and requirements for variance requests.
As stated above for action item 5.2.e., baseline data collection should be prioritized. Therefore, we recommend striking the words “As funds and staff resources allow.”
We also recommend striking the words “or inform the approval of and requirements for variance requests.” Even if one “reach” of a riparian corridor contains poor wildlife habitat, it may still connect two higher quality wildlife habitats upstream and downstream to maintain a functioning wildlife movement corridor. Allowing variances within such areas may fragment wildlife habitat by destroying the movement corridor. This could lead to local extirpation or even extinction.
5.3.b. Create a new staff position of Environmental Planner. This individual would be responsible for attending permit hearings, reviewing applications, and coordinating with Natural Resources staff to ensure field verifications of reported conditions are performed as needed. (page 115 of WMP)
We recommend that the Environmental Planner position report to the Natural Resources Director, but be housed within the Planning Department.
Having the Environmental planner report to Natural Resources, but having them be housed with Planning will allow better communication across departments. The Environmental Planner position is a cross-departmental position by nature.
5.3.c. Prepare a “toolkit” of mitigation strategies (specifically wildlife avoidance and habitat enhancement and restoration techniques) that can be incorporated into the Longmont Development Code Administrative Manual. This will provide developers with basic strategies that can be implemented to fulfill habitat and species conservation requirements. The existence of this toolkit will not absolve the developer of the requirement to retain a qualified individual to prepare the Species or Habitat Conservation Plan. (page 115 of the WMP)
A link to the Development Code Administrative Manual should be provided in the Land Development Code.
Incorporating the Development Code Administrative Manual by reference in the Land Development Code rather than including the entire manual within the text of the Land Development Code saves time on updating the code, but this manual should be easily available online on the city’s website (and the LDC online should include a link to it) so that developers/the public can find and review it. This increases transparency and will help facilitate compliance.
5.5.h. Consider expanding the current requirement for a Species or Habitat Protection Plan by establishing a process by which a developer is required to pay a wildlife or habitat mitigation fee to the City for loss of important habitats or wildlife that cannot reasonably be avoided by the proposed development. The purpose of the fee would be to assist the City in acquiring new or maintaining existing habitats that represent the same type of wildlife use. Examples include native plant communities, wetlands, riparian corridors, and areas of mature trees (if desirable species). (page 118 of the WMP)
This recommendation should be removed.
If a development cannot avoid the loss of important wildlife or habitats, it should be rejected outright. This is a loophole by which a developer can pay a fee and buy their way out of ensuring their development does not negatively impact habitat and wildlife. No amount of money paid can get those habitats and/or wildlife back.
Table 2. Rationale for Amendatory Language Changes
Location of change
15.05.02(F)(3) Variances from the Setback Standards
Removal of increased setback standards and reduced setback standards and replacement with tweaked standards from Fort Collins’ Land Development Code
Addition of Public Works and Natural Resources as an advisor to city council in its decision regarding a reduced setback request.
Addition of a 2/3 vote of city council being needed to approve a reduced setback request.
On May 20, 2019, Stand provided staff and council with a document advocating for the update of the criteria for a reduced variance as the current criteria are vague, ambiguous, and set a low bar for developers to obtain approval to build within the 150 foot setback. Despite this, the same poor language has been kept in the Wildlife Management Plan. This is the primary reason we believe council should go with option 2 so that Fort Collins’ more robust language can be incorporated into our code.
Despite the fact that the recommendation to have Public Works and Natural Resources involved in riparian setback variance applications was included in the draft action table (5.3.a. on page 115 of the WMP), they were left out of the revised amendatory language in 15.05.020 on page 124 of the WMP.
Despite the recommendation in the draft action table (5.5.l on page 119 of the WMP) that a 2/3 majority of city council approve a reduced setback request, this was left out of the revised amendatory language in 15.05.020 on page 124 of the WMP.
15.05.030(E) Habitat and Species Database
Revision of the sentence “Any site-specific studies undertaken by the applicant and accepted by the city shall be used in place of any of the cited maps or data” so that site-specific studies may be used “in conjunction” with cited maps or data.
Removal of the words “Colorado Division of Wildlife” and the use of “Colorado Parks and Wildlife” in their place.
The city has previously accepted poor quality site-specific studies undertaken by the applicant in lieu of studies using data provided by reputable sources such as Colorado Parks and Wildlife. This shores up that loophole.
This section contains several places where the old name of Colorado Parks and Wildlife is still used. Replacing Colorado Division of Wildlife with Colorado Parks and Wildlife is consistent with current terminology and with revisions made later in the amendatory language cited in the WMP.
15.05.030(F) Review Procedures
Removal of the words “For applications referred to it”. The sentence would instead begin “Colorado Parks and Wildlife…”
Addition of the words “Boulder County Parks and Open Space,” after the words “City of Longmont Public Works and Natural Resource Department.”
As stated in our May 20, 2019 document, the review procedures have already established that these measures shall apply accordingly, necessitating Agency involvement. This language was in the previous Land Development Code and likely was simply copied and pasted so this is a simple fix.
Boulder County Parks and Open Space is another qualified Agency that we believe should specifically be called out in the amendatory language as an Agency that may review development applications.
15.05.030(H)(2) Species or Habitat Conservation Plans Plan Content
Removal of everything in the opening paragraph after the first sentence:
15.05.030 H(2) Plan Content. A conservation plan shall include the following information, at a minimum, and as applicable. The director may waive specific requirements due to the development’s location, previous use of the site, the size and potential impact of the development, the absence of particular species on a site, the prohibition of a reasonable use of the site, and other relevant factors
This is a potential loophole that could be exploited to allow an applicant not to complete a species or habitat conservation plan.
15.10.020 ‐ All Other Terms Defined
Add “Boulder County Species of Special Concern” under the list for the definition of “Important Plant or Wildlife Species”
The list of Boulder County Species of Special Concern is a useful reference that should be able to be consulted for those interested in what species are considered important plant or wildlife species.
As organizer of Stand With Our St. Vrain Creek I wish to clarify our groups position on development which has lately been mischaracterized.
Stand supporters are concerned about the potential for development along St. Vrain Creek that may occur as a result flood mitigation work that will remove over 800 acres of land from the floodplain. 90% of all wildlife relies on riparian areas for survival. If we want to continue having the abundance of wildlife including birds, beavers, raptors, canines, reptiles, deer, wild turkeys and bobcats, along our Greenway and at Sandstone Ranch, we need to protect these areas from development that will cause harm if too close or inappropriate.
In addition to providing habitat and acting as a wildlife movement corridor, riparian areas filter pollutants and sediment, stabilize banks, and prevent downstream flooding. There have been 11 flood events in our city reach of the St. Vrain corridor since the late 1800s. Common sense dictates that even with the best possible mitigation efforts, there will likely be another major flood in our lifetime. The lesson from the 2013 flood should be to keep people and property out of harms way by setting development back from the river.
In August, 2018, City Council gave final approval to the first set of major updates to Longmont’s Land Development Code in 17 years. These new standards became effective in September. These did not include improvements to the Habitat and Species Protection section because staff was waiting for the Wildlife Management Plan update to be done to help inform the Code. City Planning was directed by Council to include several amendments and to develop a sustainability evaluation tool (SES) for appraising development applications using the triple bottom line; economy, environment and social equity. The Planning Department is expected to present these amendments and the new tool to City Council later this summer. The Wildlife Management Plan Update is also being finalized and should be done and approved by City Council in July.
Last October, Stand With Our St. Vrain Creek presented City Council members with 750 postcards and 520 signatures from residents which stated: We, the undersigned, urge Longmont Mayor Brian Bagley and City Council members to protect Longmont’s sensitive and important riparian areas from the intrusion of damaging urban development. Specifically, we want any/all considerations for development in proximity to the St. Vrain Creek corridor to be “put on hold” until the following are in place: 1) FEMA approves new flood plain maps 2) Resilient St. Vrain Project Plans – and funding are in place; 3) The Land Development Code Update is completed for the sections concerning Riparian Protection and Wildlife Management.
Eight months later although none of those 3 common-sense provisions have been realized, development applications are being submitted and processed along our St. Vrain greenway. These applications fall under the current code that is lacking in the essential riparian protections that Council will soon be reviewing. For this reason Stand with Our St Vrain Creek recommended Council enact a Time Out now on any/all development or redevelopment applications along our St. Vrain Greenway until the Code amendments and SES tool are established. Ideally, this time-out should extend until such time as FEMA approves new flood plain maps and the Resilient St. Vrain flood mitigation project is completed, but we realize that’s highly unlikely. Enacting the Code updates and approving the SES tool is the best way to insure that any development along this corridor and near other sensitive areas is done right.
According to our city manager these important standards and practice policy improvements should be in place early this Fall. Therefore, a time-out would be short and productive; giving staff a chance to catch their breath and devote full attention to completing the code and SES for Council’s approval. A time-out is a 5-way win: 1) Win for city planning staff to catch up; 2) Win for our creek’s health to continue to recover and be protected from future harm; 3) Win for taxpayers return on our $150 million investment for flood mitigation; 4) Win for the public who value wildlife; and 5) Win for developers who will have better guidelines to improve their proposals.
The results of Longmont’s 2018 Customer Satisfaction Survey found 74% of residents rated “Protecting nature areas from development” as “very important.” Stand With Our St. Vrain Creek simply suggested City Council be proactive to allow good policy to catch up to and inform good development before it’s too late.
Submitted by Shari Malloy, Retired special education teacher and member of Stand With Our St. Vrain Creek
The City of Longmont has come up with a new website called Engage Longmont where you can provide your input on, among other things, Longmont’s Wildlife Management Plan update. Specifically, the City is asking for stories about how residents interact and coexist with wildlife and where important wildlife habitats exist within the City.
So far, only a handful of people have submitted anything to the site. Register (for free) and add your voice! We know you love and appreciate our City’s wildlife, so let the City know what you’re seeing and where. The more the City hears from YOU, the better the Wildlife Management Plan update will be.