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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 -1- 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 -2- 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. -3- 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 -4- 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 -5- 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. -6- 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. y of•FoRT - ti s 4� avor ATTEST: ORADO City Clerk Passed and adopted on final reading on this 21 st day of February, A.D. 2016. ayor ATTEST: �o�FORT colt w SEAL TA City Clerk OkN r -7- 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