HomeMy WebLinkAbout021 - 02/21/2017 - AMENDING LAND USE CODE SECTION 3.4.1, NATURAL HABITATS AND FEATURES (2) ORDINANCE NO. 021, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING LAND USE CODE SECTION 3.4.1, NATURAL
HABITATS AND FEATURES
WHEREAS, Land Use Code Section 1.2.2, Purpose, states that the purpose of the Land
Use Code is to improve and protect the public health, safety and welfare by, among other means,
minimizing the adverse environmental impacts of development and ensuring that development
proposals are sensitive to natural areas and features; and
WHEREAS, Land Use Code Section 3.4.1(B), Natural Habitats and Features, further
states the purpose of ensuring that when property is developed, the proposed physical elements
of the development plan are designed and arranged on the site to protect the natural habitats and
features on both the site and in the vicinity of the site; and
WHEREAS, changes in prairie dog colony size and characteristics, best practices, and
development patterns within the City have necessitated changes to the existing regulations
protecting prairie dogs to continue to fulfill the purposes of the Land Use Code; and
WHEREAS, concurrent with the changes to update the prairie dog regulations, changes
to Land Use Code Section 3.4.1 to update general provisions for the protection of natural habitats
and features are also necessary to fulfill the purposes of the Land Use Code; and
WHEREAS, the Planning and Zoning Board has considered these text amendments to the
Land Use Code and made recommendations to the Council; and
WHEREAS, the changes to Land Use Code Section 3.4.1 set forth by this Ordinance are
in the best interests of the citizens of the City and advance the purposes of the Land Use Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section'2. That Section 3.4.1 of the Land Use Code is hereby amended to read as
follows:
3.4.1 - Natural Habitats and Features
(A) Applicability. This Section applies if any portion of the development site is within
five hundred (500) feet of an area or feature identified as a natural habitat or feature on
the City's Natural Habitats and Features Inventory Map, or if any portion of the
development site contains natural habitats or features that have significant ecological
value, and such natural habitats or features are discovered during site evaluation and/or
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reconnaissance associated with the development review process. Natural habitats and.
features considered to have significant ecological value;are as follows:
(1) Natural Communities or Habitats:
(a) Aquatic (e.g., rivers, streams, lakes, ponds);
(b) Wetland and wet meadow;
(c) Native grassland;
(d) ' Riparian forest;
(e) Urban plains forest;
(f) Riparian shrubland;
(g) Foothills shrubland; and
(hg) Foothills forest.
(2) Special Features: J
(a) Significant remnants of native plant communities;
(b) Potential habitats and known locations of rare, threatened or
endangered species of plants;
(c) Potential habitats and known locations of rare, threatened or
endangered species of wildlife;
{j) Prairie dog colonies one acre or greater in size;
(E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and
features shall be shown on the project development plan for any development that is
subject to this Division. The purpose of the buffer zones is to protect the ecological
character of natural habitats and features from the impacts of the ongoing activity
associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall determine
the buffer zones for each natural habitat or feature contained-in the project
site. The buffer zones may be multiple and noncontiguous. The general
buffer zone distance is established according to the buffer zone table
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below, but the decision maker shall reduce or enlarge any portion of the
general buffer zone distance, if necessary in order to ensure that the
performance standards set forth below are achieved. The buffer zone
performance standards are as follows:
(a) The project shall be designed to preserve or enhance the ecological
character or function and wildlife use of the natural habitat or
feature and to minimize or adequately mitigate the foreseeable
impacts of development.
(b) The project, including, by way of example and not by way of
limitation, its fencing, pedestrian/bicycle paths and roadways, shall
be designed to preserve or enhance the existence of wildlife
movement corridors between;natural habitats and features, both
within and adjacent to the site.
(c) The project shall be designed to preserve significant existing trees
and other significant existing vegetation on the site.
(d) The project shall be designed to protect from adverse impact
species utilizing special habitat features such as key raptor habitat
features, including nest sites, night roosts and key feeding areas as
identified by the Colorado Parks and Wildlife Division ("CPW")
or the Fort Collins Natural Areas Department ("NAD"); key
production areas, wintering areas and migratory feeding areas for
waterfowl; heron rookeries; key use areas for wading birds and
shorebirds; key use areas for migrant songbirds; key nesting areas
for grassland birds; fox and coyote dens; mule deer winter
concentration areas as identified by the CPW or NAD; prairie dog
colonies one acre or greater in size; key areas for rare, migrant or -
resident butterflies as identified by the NAD; areas of high
terrestrial or aquatic insect diversity as identified by the NAD;
remnant native prairie habitat; mixed foothill shrubland; foothill
ponderosa pine forest; plains cottonwood riparian woodlands; and
wetlands of any size.
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BUFFER ZONE TABLE FOR
FORT COLLINS NATURAL HABITATS AND FEATURES 1,2
Natural Habitat or Feature Buffer Zone Standard 3
Special Habitat Features/Resources of Special Concern,
Prairie Dog Colonies site analysis
(F) Protection of Wildlife Habitat and Ecological Character.
(1) Rare, Threatened or Endangered Species. If the ecological characterization
report required pursuant to subsection (D)(1) above shows the existence in a
natural habitat or feature of a rare, threatened or endangered species of plant or
wildlife, then the development plan shall include provisions to ensure that any
habitat contained in any such natural habitat or feature or in the adjacent buffer
zone which is of importance to the use or survival of any such species shall not be
disturbed or diminished and, to the maximum extent feasible, such habitat shall be
enhanced. (NOTE: Some studies, e.g., rare plant surveys, are time-limited and can
only be performed during certain seasons.)
(2) Sensitive or Specially Valued Species. If the ecological characterization report
required pursuant to subsection (D)(1) above shows the existence in a natural
habitat or feature of a plant or wildlife species identified by the City as a sensitive
or specially valued species, excluding threatened or endangered species, then the
development plan shall include provisions to protect, enhance, or mitigate impacts
to any such natural habitat or feature or in the adjacent buffer zone which is of
importance to the use or survival of any such species to the extent reasonably
feasible.
(3) Connections. If the development site contains existing natural habitats or
features that connect to other off-site natural habitats or features, to the maximum
extent feasible the development plan shall preserve such natural connections. If
natural habitats or features lie adjacent to (meaning in the region immediately
round about) the development site, but such natural habitats or features are not
presently connected across the development site, then the development plan shall,
to the extent reasonably feasible, provide such connection. Such connections shall
be designed and constructed to allow for the continuance of existing wildlife
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movement between natural habitats or features and to enhance the opportunity for
the establishment of new connections between areas for the movement of wildlife.
(4) Wildlife Conflicts. If wildlife that may create conflicts for the future
occupants of the development'(including, but not limited to, prairie dogs, beaver,
deer and rattlesnakes) are known to exist in areas adjacent to or on the
development site, then the development plan must, to the extent reasonably
feasible, include provisions such as barriers, protection mechanisms for
landscaping and other site features to minimize conflicts that might otherwise
exist between such wildlife and the developed portion of the site.
(N) Standards for Protection During Construction. For every development subject to
this Division, the applicant shall propose, and the Director shall establish,
measures to be implemented during the actual construction phase of the project to
ensure protection of natural_ habitats and features and their associated buffer
zones, as follows.
(6) Prairie Dog Removal. Before the commencement of grading or other
construction on the development site, any prairie dogs inhabiting portions,
of the site within the LOD shall be relocated or eradicated by the
developer. Prairie dog relocation shall be accomplished using methods
reviewed and approved by the Colorado Parks and Wildlife Division.
Following relocation or eradication activities, a report shall be provided to
the City that documents when prairie dog removal occurred, the method(s)
that were used to remove prairie dogs, measures taken to ensure that
prairie dogs will not re-inhabit the site, and confirmation that no
threatened or endangered species were harmed by removal activities.
Section 3. That the definition of "Natural area" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Natural area shall mean all areas shown as "natural areas" on the City's Parks
and Natural Areas Map or the Natural Habitats and Features Inventory Map. Any land
that qualifies as a "wetland" pursuant to the Federal Clean Water Act shall also be
deemed a natural area, in addition to the areas designated as wetlands on the
City's Natural Habitats and Features Inventory Map. Any land area that possesses
such characteristics as would have supported its inclusion on the Natural Habitats and
Features Inventory Map, or contains natural habitats or features which have significant
ecological value listed in subparagraph 3.4.1(A), if such area is discovered during site
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evaluation and/or reconnaissance associated with the development review process, shall
also be deemed a natural area.
Section 4. That the definition of"Natural area buffer" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Natural area buffer zone shall mean any area described and established pursuant to
subsection 3.4.1(E).
Section 5. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Rare, threatened br endangered species" which reads in its
entirety as follows:
Rare, threatened or endangered species shall mean those species of wildlife and plants
listed by the Colorado Parks and Wildlife Division, the Colorado Natural Heritage
Program, or the U.S. Fish and Wildlife Service as rare, threatened or endangered.
Section 6. That the definition of"Sensitive or Specially,Valued Species" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Sensitive or specially valued species shall mean species included on the City of Fort
Collins Species of Interest List, as developed and updated by the Natural Areas
Department.
Section 7. That the definition of"Special habitat features" contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows: .
Special habitat features shall mean specially valued and sensitive habitat features
including key raptor habitat features; including nest sites, night roosts and key feeding
areas as identified by the Colorado Parks and Wildlife Division ("CPW") or the Fort
Collins Natural Areas Department ("NAD"); key production areas, wintering areas and
migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds;
heron rookeries; key use areas for migrant songbirds; key nesting areas for grassland
birds; fox and coyote dens; mule deer winter concentration areas as identified by the
CPW or NAD; prairie dog colonies one acre or greater in size; key areas for rare,
migrant or resident butterflies as identified by the NAD; areas of high terrestrial or
aquatic insect diversity as identified by the NAD; remnant native prairie habitat; mixed
foothill shrubland; foothills ponderosa pine forest; plains cottonwood riparian
woodlands; and wetlands of any size.
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Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2017, and to be presented for final passage on the 21 st day of February, A.D.
2016.
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ATTEST:
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City Clerk
Passed and adopted on final reading on this 21 st day of February, A.D. 2016.
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ATTEST: �o�FORT colt
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City Clerk
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Account#: FTC-003160
FORT-COLLINS
Invoice Text
kJOLOPLO)W_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
NOTICE IS HEREBY GIVEN that the I STATE OF COLORADO )
Fort Collins City Council, on Tuesday,
February 7, 2017, passed and adopted )ss: AFFIDAVIT OF PUBLICATION
the fall"�ying ordinances on first )
reading. These ordinances will be pre-
sented for final passage on February 21,
2017:
ORDINANCE NO.021,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLI NS I,beingduly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
AMENDING LAND USE CODE SEC-
TION 3.4.1,NATURAL is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
HABITATS AND FEATURES
ORDINANCE NO.022,2017 county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
OF THE COUNCIL OF THE CITY OF said daily newspaper for
FORT COLLINS
AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE 1 Day;
AGREEMENT WITH THE LANDOWN-
ERS ASSOCIATION FOR
PHANTOM CANYON RANCHES FOR that the notice was published in the regular and entire issue of eve number of Said newspaper durin the
RECREATIONAL USE OF P g everyg
HAL.uGAN PESERVOIR ANo CER period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
TAIN SURROUNDING LANDS that the First publication of said notice was contained in the issue of said newspaper on
ORDINANCE NO.023,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE RENNAT Sunday,February 12,2017
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO
ORDINANCE NO,024,2017 that the last publication thereof was contained in the issue of said newspaper on
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Sunda February 12,2017
AMENDING THE ZONING MAP OF y'
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING that said Fort Collins Coloradoan has been published continuous) and uninterruptedly during the period of at
PURPOSES THE PROPERTY P y P y g
INCLUDED least six months next prior to the first publication of said notice or advertisement above referred to;that said
IN THE RENNAT ANNEXATION TO
THE CITY OF newspaper has been admitted to the United States mails as second-class matter under the provisions of the
FORT COLLINS,COLORADO,
AND APPROVING CORRESPONDING Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
CHANGES TO THE SIGN DISTRICT
MAP qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
ORDINANCE NO.025,2017 Colorado.
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFI-
CATION FOR THAT CERTAIN n
PROPERTY KNOWN AS THE GATE-
WAY AT PROSPECT REZONING
AND MAKING CORRESPONDING Legal Clerk
CHANGES TO THE SIGN DISTRICT
MAP
The full text of these ordinances can be I
found ata hitp:e City Clerk's
Office at Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
or by calling the City Clerk's Office at
970.221-6515. nzs:•
Monday,February 13,2017 LADONNA MARY LAMAR 4
19181
4
Coloradoan NOTARY PUBLIC-STATE OF COLORADO Color
February lz,2017 My Commission expires September 3,2019 My Identification#20154035099 a
---- Expires September 3,2019
Notary Public
Legal No.0001918134
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 13,2017
9:23 am
Account#: FTC-003160
FORT•COLLINS
)A XT WL invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on']
1 IYRAnn
NOTICE IS HEREBY GIVEN that The STATE OF COLORADO
Fort Collins city Council, on Tuesday, )ss: AFFIDAVIT OF PUBLICATION
February 21; 2017, passed and adopted )
the following ordinances on second COUNTY OF LARIMER
reading:
ORDINANCE NO.021,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING LAND USE CODE SEC-
TION 3.4.1,NATURAL I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
HABITATS AND FEATURES
ORDINANCE NO.022,2017 is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
OF THE COUNCIL OF THE CITY OF county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
FORT COLLINS
AUTHORIZING THE CITY MANAGER said daily newspaper for
TO ENTER INTO A LEASE
AGREEMENT WITH THE LANDOWW
ERS ASSOCIATION FOR 1 Day;
PHANTOM CANYON RANCHES FOR
RECREATIONAL USE OF
HALLIGAN RESERVOIR AND CER- that the notice was published in the regular and entire issue of every number of said newspaper during the
TAIN SURROUNDING LANDS
ORDINANCE NO.023,2017 period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
OF THE COUNCIL OF THE CITY OF that the first publication of said notice was contained in the issue of said newspaper on
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE RENNAT
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO Sunday,February 26,2017
ORDINANCE NO,024,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS that the last publication thereof was contained in the issue of said newspaper on
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING I Sunday,February 26,2017
PURPOSES THE PROPERTY
IrvcATIOENTO THE CITY OF FORTEX that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
AND APPROVING CORRESPONDING least six months next prior to the first publication of said notice or advertisement above referred to;that said
CHANIGN
GES
CCTMAP newspaper has been admitted to the United States mails as second-class matter under the provisions of the
ORDINANCE NO.025,2017 Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly
OF THE COUNCIL OF THE CITY OF qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
FORT COLLINS Q P g g g
AMENDING THE ZONING MAP OF Colorado.
THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFI.
CATION FOR THAT CERTAIN
PROPERTY KNOWN AS THE GATE-
WAY AT PROSPECT REZONING AND
MAKING CORRESPONDING
CHANGES TO THE SIGN fIL�CG�2 %�%Y`�'l.YlLl
DISTRICT MAP
The full text of these ordinances can be Legal Clerk
_ found at http://fcgov.com/pub_licnotices _
oi^d9-ftTmri"g the CITY Clerk's Office of
970-221-6515.
1950088 Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Coloradoan
February 26,2017
Monday,February 27,2017 LADONNA MARY LAMAR
NOTARY PUBLIC-STATE OF COLORADO
My Commission expires September 3,2019 My Identification#2015403509,
Expires September 3,2019
� v
Notary Public
Legal No.0001950088
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 27,2017
9:58 am