HomeMy WebLinkAbout014 - 02/19/2013 - AMENDING THE LAND USE CODE REGARDING TREES AND CORRECTING A CROSS-REFERENCING ERROR ORDINANCE NO. 014, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE REGARDING TREES AND
CORRECTING A CROSS-REFERENCING ERROR
WHEREAS, Siberian elm and Russian olive trees are classified as nuisance species and
are exempt from tree mitigation requirements under the Land Use Code, and are also prohibited
from being planted within the City; and
WHEREAS, Siberian elm and Russian olive trees sometimes provide ecological,
aesthetic, shade, canopy and cooling values for other species and habitat; and
WHEREAS, on those occasions when the nuisance species of Siberian elm and Russian
olive trees provide value, the City Council believes that such species should be mitigated if not
preserved under the Land Use Code; and
WHEREAS, the native tree species known as female box elder and cotton-bearing
cottonwood contribute to the City's tree canopy and habitat goals; and
WHERAS, because these trees provide ecological and urban canopy values, the City
Council believes that these trees should be mitigated in accordance with existing standards; and
WHEREAS, compliance with the tree mitigation radii as contained in the Land Use Code
has been difficult to achieve and the City Council believes that the tree mitigation radii should be
adjusted accordingly; and
WHEREAS, there are two occasions within the Land Use Code where the cross-
references pertaining to buffer zones are incorrect and should be corrected; and
WHEREAS, the City Council has determined that these proposed amendments to the
Land Use Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 3.2.1(F) of the Land Use Code is hereby amended to read as
follows:
3.2.1 Landscaping and Tree Protection
(F) Tree Protection and Replacement. Existing significant trees within the LOD and
within natural area buffer zones shall be preserved to the extent reasonably feasible
and may help satisfy the landscaping requirements of this Section as set forth
above. Such trees shall be considered "protected" trees within the meaning of this
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Section, subject to the exceptions contained in subsection (2) below. Streets,
buildings and lot layouts shall be designed to minimize the disturbance to
significant existing trees. All required landscape plans shall accurately identify the
locations, species, size and condition of all significant trees, each labeled showing
the applicant's intent to either remove, transplant or protect.
Where it is not feasible to protect and retain significant existing tree(s) or to
transplant them to another on-site location, the applicant shall replace such tree(s)
according to the following schedule and requirements. Replacement trees shall be
used to satisfy the tree planting standards of this Section. Replacement trees shall
be planted either on the development site or in the closest available and suitable
planting site. The closest available and suitable planting site shall be selected
within one-half (1/2) mile (2640 feet) of the development site, subject to the
following exceptions. If suitable planting sites for all of the mitigation trees are not
available within one-half (1/2) mile (2640 feet) of the development, then the
planting site shall be selected within one (1) mile (5280 feet) of the development
site. If suitable planting sites are not available for all of the mitigation trees within
one (1) mile (5280 feet) of the development site, then the City Forester shall
determine the most suitable planting location within the City's boundaries as close
to the development site as feasible.
(1) A significant tree that is removed shall be replaced with not less than one (1)
or more than six (6) replacement trees sufficient to mitigate the loss of value
of the removed significant tree. Notwithstanding the foregoing, significant
Siberian elm and Russian olive trees located in a natural habitat buffer found
to contain ecological value, as provided in Section 3.4.1(D)(1) of this Land
Use Code, shall be mitigated in accordance with Section 3.4.1(E)(2)(b) of
this Land Use Code. The applicant shall select either the City Forester or a
qualified landscape appraiser to determine such loss based upon an appraisal
including but not limited to shade, canopy, aesthetic, environmental and
ecological value of the tree to be removed and by using the species and
location criteria in the most recent published appraisal guide by the Council
of Tree and Landscape Appraisers. Replacement trees shall meet the
following minimum size requirements:
(a) Canopy Shade Trees: 3.0" caliper balled and burlap or equivalent.
(b) Ornamental Trees: 2.5" caliper balled and burlap or equivalent.
(c) Evergreen Trees: 8' height balled and burlap or equivalent.
(2) Trees that meet one (1) or more of the following removal criteria shall be
exempt from the requirements of this subsection:
(a) dead, dying or naturally fallen trees, or trees found to be a threat to
public health, safety or welfare;
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(b) trees that are determined by the city to substantially obstruct clear
visibility at driveways and intersections;
(c) Siberian elm less than eleven (11) inches DBH and Russian olive less
than eight(8) inches DBH.
(d) Russian olive and Siberian elm of wild or volunteer origin, such as
those that have sprouted from seed along fence lines, near structures or
in other unsuitable locations.
(e) Russian olive and Siberian elm determined by the City Forester to be in
poor condition.
(3) All existing street trees that are located on city rights-of-way abutting the
development shall be accurately identified by species, size, location and
condition on required landscape plans, and shall be preserved and protected
in accordance with the standards of subsection (G).
Section 2. That Section 3.2.1(M) of the Land Use Code is hereby amended to read as
follows:
(M) Revegetation. When the development causes any disturbance within any natural
area buffer zone, revegetation shall occur as required in paragraph 3.4.1(E)(2)
(Development Activities within the Buffer Zone) and subsection 3.2.1(F) (Tree
Protection and Replacement).
Section 3. That Section 3.4.1(D)(1) of the Land Use Code is hereby amended to read
as follows:
3.4.1 Natural Habitats and Features
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the Natural
Habitats and Features Inventory Map is only approximate. The actual boundary of
any area to be shown on a project development shall be proposed by the applicant
and established by the Director through site evaluations and reconnaissance, and
shall be based on the ecological characterization of the natural habitat or feature in
conjunction with the map.
(1) Ecological Characterization Study. If the development site contains, or is
within five hundred (500) feet of, a natural habitat or feature, or if it is
determined by the Director, upon information or from inspection, that the site
likely includes areas with wildlife, plant life and/or other natural
characteristics in need of protection, then the developer shall provide to the
City an ecological characterization report prepared by a professional qualified
in the areas of ecology, wildlife biology or other relevant discipline. At least
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ten (10) working days prior to the submittal of a project development plan
application for all or any portion of a property, a comprehensive ecological
characterization study of the entire property must be prepared by a qualified
consultant and submitted to the City for review. The Director may waive any
or all of the following elements of this requirement if the City already
possesses adequate information required by this subsection to establish the
buffer zone(s), as set forth in subsection (E) below, and the limits of
development ("LOD"), as set forth in subsection (N) below. The ecological
characterization study shall describe, without limitation, the following:
(a) the wildlife use of the area showing the species of wildlife using the
area, the times or seasons that the area is used by those species and the
"value" (meaning feeding, watering, cover, nesting, roosting, perching)
that the area provides for such wildlife species;
(b) the boundary of wetlands in the area and a description of the ecological
functions and characteristics provided by those wetlands;
(c) any prominent views from or across the site;
(d) the pattern, species and location of any significant native trees and
other native site vegetation;
(e) the pattern, species and location of any significant non-native trees,
including Siberian elm and Russian olive trees as described in Section
3.2.1(F)(1) of the Land Use Code, and non-native site vegetation that
contribute to the site's ecological, shade, canopy, aesthetic and cooling
value;
(f) the top of bank, shoreline and high water mark of any perennial stream
or body of water on the site;
(g) areas inhabited by or frequently utilized by Sensitive and Specially
Valued Species;
(h) special habitat features;
(i) wildlife movement corridors;
Q) the general ecological functions provided by the site and its features;
(k) any issues regarding the timing of development-related activities
stemming from the ecological character of the area; and
(I) any measures needed to mitigate the projected adverse impacts of the
development project on natural habitats and features.
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Section 4. That Section 4.17(D)(1)(a) of the Land Use Code is hereby amended to
read as follows:
(D) Development Standards.
(1) Transition between the River and Development.
(a) River landscape buffer. In substitution for the provisions contained in
subsection 3.4.1(E) (Establishment of Buffer Zones) requiring the
establishment of "natural area buffer zones," the applicant shall
establish, preserve or improve a continuous landscape buffer along the
River as an integral part of a transition between development and the
River. To the maximum extent feasible, the landscape buffer shall
consist predominantly of native tree and shrub cover. (See Figure 20.)
The landscape buffer shall be designed to prevent bank erosion and to
stabilize the River bank in a manner adequate to withstand the
hydraulic force of a 100-year flood event. The bank stabilization shall
comply with the following criteria:
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2013, and to be presented for final passage on the 19th day of February, A.D.
2013.
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Passed and adopted on final reading on the 19th day of February, A.D. 2013.
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