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HomeMy WebLinkAbout162 - 12/06/2011 - AMENDING THE LAND USE CODE RELATED TO THE POINT OF MEASUREMENT FOR THE ESTABLISHMENT OF BUFFER ZONES ORDINANCE NO. 162, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE RELATED TO THE POINT OF MEASUREMENT FOR THE ESTABLISHMENT OF BUFFER ZONES FOR STREAMS WHEREAS, Section 3.4.1 of the Land Use Code contains, among other things, provisions regarding the establishment of the boundaries of natural habitats or features and of buffer zones for natural habitats or features; and WHEREAS, in its provisions relating to the establishment cf these boundaries, Section 3.4.1 contains conflicting language regarding stream banks by, in one location, referring to "the bank" while in another location referring to "the level of bankfull discharge" as the point of measurement; and WHEREAS, in an effort to correct conflicting language, City staff has proposed that the term "top of bank"be used in both instances; and. WHEREAS, after extensive,public outreach and presentation to the Planning and Zoning Board, the staff has proposed and the Board has recommended that the term "top of bank" be defined in Article 5 of the Land Use Code and used uniformly in Section 3.4.1 of the Land Use Code for the purpose of describing a point of measurement in order to establish buffer zones adjacent to streams; and WHEREAS, the City Council further finds that the term "top of bank" is readily identifiable and consistently applied among experts in establishing protective riparian areas, and is the most widely used term for determining where buffers should begin adjacent to streams; and WHEREAS, the City Council has determined that it is in the best interests of the City that the term "top of bank" be included in the Land Use Code in replacement of the term "the bank" and "the level of bankfull discharge" as a suitable means to clarify previously conflicting language. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.4.1(D)(e) of the Land Use Code is hereby amended to read as follows: (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. J (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. 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: (e) the top of bank, shoreline and high water mark of any perennial stream or body of water on the site; Section 2. That the footnotes contained in the Buffer Zone Table for Fort Collins Natural Habitats and Features in Section 3.4.1(E) are hereby amended to read as follows: 3 Buffer zone table distances shall be measured in a straight line without regard to topography. Measurements will be made from the outer edge of the natural habitat or feature to the boundary of the lot,tract or parcel of land that defines and describes the development. 1`l Stream corridors, lakes, reservoirs and irrigation ditches buffer zones will be measured from the top of bank toward the boundary of such lot,tract or parcel of land. Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition"Top of bank" which reads in its entirety as follows: Top of bank shall mean the topographical break in slope between the bank and the surrounding terrain. When a break in slope cannot be found, the outer limits of riparian vegetation shall demark the top of bank. -2- Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011. of FORTCO or ATTEST: �: `°�2 SEAL :N 0 City Clerk cOCOR so- Passed and adopted on final reading on the 6th day of December, A.D. 2011. yor ATTEST: e�'; O City Clerk -3-