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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 1 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; 2 (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 3 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. 4 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. y Op•FOtt pC • SY�L ; a r ATTEST: q ��y cp f.QRP,OO•.. City Clerk Passed and adopted on final reading on the 19th day of February, A.D. 2013. �� GCp,.c� ltJ�e t. ct�t,L� OF FOR.,C l; Iv1 O or ATTEST: 0.- << SEA y City Clerk �<0R 00 5