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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - FIRST READING OF ORDINANCE NO. 191, 2006, AMENDING ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: December5, 2006 FORT COLLINS CITY COUNCIL STAFF: John Stokes SUBJECT First Reading of Ordinance No. 191, 2006, Amending Chapter 23, Article IX of the City Code to Allow More Site-Specific Regulation of Certain Activities in Natural Areas. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The Natural Areas Program will officially begin managing Gateway Park on January 1, 2007. Two minor City Code changes are proposed to facilitate the transfer. BACKGROUND City Council's proposed budget for 2007 shifts management responsibility for Gateway Park from the Parks Department to the Natural Areas Program. To prepare for the transfer, staff is proposing two minor changes to the City Code. These changes will allow the City to manage Gateway as a natural area in alignment with natural area standards. One change clarifies the definition of what constitutes a"group event" that may require a reservation to use a site. The other change clarifies that balls and flying discs may be thrown in areas that are signed for such use. ORDINANCE NO, 191 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 , ARTICLE IX OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW MORE SITE- SPECIFIC REGULATION OF CERTAIN ACTIVITIES IN NATURAL AREAS WHEREAS , in 1999, the City Council adopted Ordinance No . 027, 1999, enacting certain requirements and regulations related to the use by the general public of the City ' s Natural Areas which are codified in Chapter 23 , Article IX of the City Code ; and WHEREAS , Chapter 23 , Article IX of the City Code has subsequently been updated to address and clarify points of concern related to use by the general public of the City ' s Natural Areas; and WHEREAS , in preparing the City' s budget for 2007, staff has determined it is in the best interest of the City to convert Gateway Park to a natural area to be managed by the Natural Areas Program effective January 1 , 2007 ; and WHEREAS , two minor amendments to Chapter 23 , Article IX of the City Code are necessary to allow the Natural Areas Program to manage Gateway Natural Area in a manner consistent with the public uses contemplated for that Natural Area; and WHEREAS , the City Council has determined that the amendments proposed by City staff will allow the management of Gateway Natural Area to align with the Natural Areas Program standards, and will also allow the Natural Areas Program to make site-specific decisions regarding the management of certain limited activities in natural areas generally as appropriate . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 23 - 192 ofthe Code ofthe City ofFort Collins is hereby amended to read as follows : Sec. 23 - 192 . Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Group event shall mean an event such as an athletic event, class, fair, or festival, or other activity, ' that is planned or reasonably expected to include fifteen ( 15 ) or more persons, that will include activities other than those expressly authorized in a particular location, such as picnicking in a posted picnic area, and that is reasonably expected to : ( 1 ) include fifteen ( f 5 ) or more persons ; (-21 ) Obstruct, delay or interfere with the normal use of any natural area or any trails, viewing stations or other facilities located therein; (12) Present a risk of negative impact to animal or plant life, or the ecology of any natural area; or (43 ) Constitute an event or other special event as the same are defined in § 23 . 5 -2, in which event any applicable requirements of Chapter 23 . 5 shall also apply. Section 2 . That Section 23 - 193 (a) of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph (6) and all subsequent subparagraphs to be renumbered accordingly as follows : Sec. 23 -193. Prohibited acts ; permits . (a) It shall be unlawful to : o( 6) Rick, hit or throw a flying disc , ball or Onto or over a natrral area, except within a fenced area designated and posted to allow dogs ff-- leash . Section 3 . That Section 23 - 193 (b) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows : (b) Unless a sign has been posted by the Service Area that the particular natural area or a portion thereof is open for such use, it shall be unlawful to : (6) Kick, hit or throw a flying disc , ball or boomerang in, onto or over a natural area, except within a fenced area designated and posted to allow dogs off- leash. -2- Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D . 2006, and to be presented for final passage on the 19th day of December, A.D . 2006 , Mayor ATTEST : City Clerk Passed and adopted on final reading on the 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk -3 -