HomeMy WebLinkAboutORDINANCE 05-10AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE,
SECTION 7.8 WILDLIFE HABITAT PROTECTION AMENDMENTS
WHEREAS,the Estes Valley Planning Commission has recommended an amendment to
the Estes Valley Development Code,Section 7.8 Wildlife Habitat Protection;and
WHEREAS,said amendments to the Estes Valley Development Code are set forth on
Exhibit “A”attached hereto and incorporated herein by this reference;and
WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in
the best interest of the Town that the amendments to the Estes Valley Development Code,
Section 7.8 Wildlife Habitat Protection set forth on Exhibit “A”and recommended for approval by
the Estes Valley Planning Commission be approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
Section 1:The Estes Valley Development Code shall be amended as more fully set
forth on Exhibit “A”.
Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF
PARK,COLORADO,THIS 9 DAY OF FEBRUARY,2010.
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‘4’cON’s
To5n Clerk
0 ORDINANCE NO.05-10 0
THE TOWN OF ESTES
I hereby certify that the above Ordinance was introduced and read at a regular meeting of
the Board of Trustees on the cV day of cce,,Q....,,2010 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the )-“—day
of ,2010,all as required by the Statutes of the State of Colorado.
illiam son Town Cle rk
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EXHIBIT A (J
§7.8 WILDLIFE HABITAT PROTECTION
A.Purpose.To maintain the diversity of wildlife species and habitat that occur in the Estes
Valley,and to plan and design land uses to be harmonious with wildlife habitat and the
species that depend on this habitat for the economic,recreational and environmental
benefit of the residents of and visitors to the Estes Valley.
B.Applicability.This Section shall apply to all applications for review of development
plans,subdivision plats,planned unit developments,special review uses and rezonings.
This Section shall not apply to development on lots that were approved for single4amily
residential use prior to the effective date of this Code.
C.Exemptions.The procedures and regulations contained in this Section shall not apply
to:
1.Agricultural activities such as soil preparation,irrigation,planting1 harvesting,grazing
and farm ponds;
2.Maintenance and repair of existing public roads,utilities and other public facilities
within an existing right-of-way or easement;
3.Maintenance and repair of flood control structures and activities in response to a
flood emergency;
4.Maintenance and repair of existing residential or nonresidential structures;or
5.Activities undertaken pursuant to a wildlife conservation plan approved under this
Section.
D.Other Regulations.This Section of the Code does not repeal or supersede any existing
federal,state or local laws,easements,covenants or deed restrictions pertaining to
wildlife.When this Section imposes a higher or more restrictive standard,this Section
shall apply.
E.Wildlife Habitat Data Base.The following sources shall be used to identify important
wildlife habitat areas for purposes of review under this Section:
1.Wildlife Habitat map (dated December 1996),as set forth in the Estes Valley
Comprehensive Plan,as amended from time to time
2.Colorado Division of Wildlife habitat maps for Larimer County,as amended from time
to time.
3.Colorado Natural Heritage Program Maps dated December 1996,or as amended
from time to time.
4.Other information and maps as Staff or the Estes Valley Planning Commission may
from time to time identify in cooperation with the Colorado Division of Wildlife,such
as wildlife maps produced specifically for the Estes Valley.Said maps shall be
applicable only following adoption of an amendment to this Code.
C EXHIBIT A Q
5.Wildlife habitat information required by this Section is intended for general planning
purposes.Obvious errors or omissions may be corrected by the Staff.
F.Review Procedures.The following procedures shall apply to all applications for
development:
1.Application.The Applicant shall submit a development plan,subdivision plat or sketch
plan,as applicable,depicting the general location of the property,location of structures
on the site,prominent natural areas such as streams and wetlands,and other features
that Staff may require for review pursuant to this Section.
A Wildlife Conservation Plan shall be submitted for sites containing:
a.An endangered or threatened species,
b.Big Horn sheep or Big Horn sheep habitat,or
c.Riparian areas adjacent to rivers and streams,and wetlands identified on the
maps set forth in Appendix A of this Code.
2.Preliminary Review.Staff shall refer the submitted plan or plat to the Colorado
Division of Wildlife for review.Applicants are advised to consult with the Colorado
Division of Wildlife and other agencies responsible for regulation of wildlife and habitat,
such as the US Fish and Wildlife Service,US Department of the Interior—Rocky
Mountain National Park,US Forest Service,and Colorado Natural Heritage Program.
These agencies may maintain maps and databases that can aid in the site-specific
confirmation of the presence or absence of wildlife and habitat on a specific site.
3.Review Determination.
a.The Review and Decision-Making Bodies shall issue a finding as to whether the
application,including the wildlife conservation plan,complies with the
requirements of this Section.
b.Wildlife studies and mitigation plans found to be adequate by the Decision-
Making Body shall become binding upon the Applicant.
c.Applications that do not comply with Section 7.8 of this code shall be denied.
4.Waivers.Staff may waive or approve minor modifications of any development standard
or review criteria contained in this Section upon a finding that such waiver or
modification:
a.Is consistent with the stated purposes of this Section;
b.Will have no significant adverse impacts on wildlife species or habitat;
c.Any potential adverse impacts will be mitigated or offset to the maximum extent
practicable;and
d.Application of the standard or criteria is not warranted based on the location of
the development,the absence of a particular species on the site or other relevant
factors.
G.Review Standards.The following review standards shall apply to all development
applications as specified,unless Staff determines that a specific standard may be
EXHIBIT A
waived pursuant to subsection F.5.above.It is the intent of this Section that these
standards be applied in a flexible fashion to protect wildlife habitat and wildlife species in
a cost-effective fashion.
1.Review Standards.
a.Buffers.All development subject to a wildlife conservation plan shall provide a
setback from any identified important wildlife habitat area,in accordance with any
recommendations in the wildlife conservation plan.
b.Non-Native Vegetation.There shall be no introduction of plant species that are
not on the approved landscaping list in Appendix C on any site containing any
important wildlife habitat area.To the maximum extent feasible,existing
herbaceous and woody cover on the site shall be maintained and removal of
native vegetation shall be minimized.
c.Fencing.
(1)No fencing on a site containing important wildlife habitat shall exceed forty
(40)inches in height,except to the extent that such fencing is approved by
Staff to confine permitted domestic animals or to protect permitted
ornamental landscaping or gardens.
(2)Fences higher than forty (40)inches may be allowed if adequate openings
are provided for the passage of deer,elk or other identified wildlife.These
openings shall be at least six (6)feet wide and spaced a maximum of fifty
(50)feet apart along continuous fence lines exceeding this length.
(3)No fencing using barbed wire shall be allowed.
(4)The type of fencing (materials,opacity,etc.)shall be determined by Staff or
the Decision-Making Body as appropriate for the wildlife species on the site.
d.Exterior Lighting.Use of exterior lighting shall be minimized in areas of important
wildlife habitat,and lighting shall be designed so that it does not spill over or onto
such critical habitat.See also §7.9 below.
e.Refuse Disposal.Developments on sites containing important wildlife habitat,
such as black bear,must use approved animal-proof refuse disposal containers.
With Division of Wildlife approval,refuse disposal containers and enclosures may
be electrified.
f.Domestic Animals.Development applications for property that includes important
wildlife habitat must include a plan with specified enforcement measures for the
control of domestic animals and household pets.The plan must include
provisions to prevent the harassment,disturbance and killing of wildlife and to
prevent the destruction of important wildlife habitat.
H.Wildlife Conservation Plans.
1.Plan Preparation.A wildlife conservation plan required by this Section shall be
prepared for the Applicant,at the Applicants expense,under the responsible
direction of a qualified person who has demonstrated expertise in the field.
C EXHIBIT A 0
2.Plan Content Any wildlife conservation plan required to be prepared pursuant to this
Section shall include the following information at a minimum.Specific requirements
may be waived by Staff due to the location of the development,the previous use of
the site,the size and potential impact of the development,the absence of particular
species on a site,the prohibition of a reasonable use of the site and other relevant
factors.
a.A description of the ownership,location,type,size and other attributes of the
wildlife habitat on the site.
b.A description of the populations of wildlife species that inhabit or use the site,
including a qualitative description of their spatial distribution and abundance.
c.An analysis of the potential adverse impacts of the proposed development on
wildlife and wildlife habitat on or off site.
d.A list of proposed mitigation measures and an analysis of the probability of
success of such measures.
e.A plan for implementation,maintenance and monitoring of mitigation measures.
f.A plan for any relevant enhancement or restoration measures.
g.A demonstration of fiscal,administrative and technical competence of the
Applicant or other relevant entity to successfully execute the plan.
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RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING WILDLIFE HABITAT PROTECTION
WHEREAS:
1.The Larimer County Planning Division in cooperation with the Estes Park Community
Development Department has proposed amendments to the Estes Valley Development Code to
amend Section 7.8 concerning “Wildlife Habitat Protection”.
2.Public Hearings to consider the proposed amendments were held as follows:
Estes Valley Planning Commission:June 16,2008
Estes Park Town Board:August 25,2009,September 22,2009,and February 9,2010.
Larimer County Board of County Commissioners:November 9,2009 and March 8,2010.
3.The Town Board of the Town of Estes Park approved the proposed changes on February 9,
2010.
4.The Board finds that the purpose of the amendments is to,(I)Remove reliance on the
CDOW to require wildlife conservation plan;(2)Provide clear direction of when and where a
wildlife conservation plan is required.and;(3)require the Planning Commission to find that a
wildlife conservation plan complies with the requirements of Section 7.8,require that conservation
plans become binding,and requires that applications that do not comply with Section 7.8 be denied.
5.The Board of County Commissioners of LaHrner County finds that adoption of the proposed
amendments would be in the best interests of the citizens of the Estes Valley and would promote the
health,safety and welfare of the citizens.
NOW,THEREFORE,BE IT RESOLVED:
That the amendments to the Estes Valley Development Code shown on Exhibit “A”attached hereto
shall be and are hereby adopted.Said amendments shall be effective on the 8th day of March,2010.
By:
ATmSr.
RECEPTI0N#:20100030823,06/02/2010 at03:08:49 PM,
1 OF 5,R $0.00 TD Pgs:0
Scott Doyle,Larimer County,Co
Dased
_________
as Is farm
D.1,uiv (1urn Attomcy
J Return to Planning
BOARD OF COUNTY COMMISSIONERS
OF LARIMER COUNTY,COLORADO
O-CPoOT1
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()EXHIBIT A
§7.8 WILDLIFE HABITAT PROTECTION
A.Purpose.To maintain the diversity of wildlife species and habitat that occur in the Estes
Valley,and to plan and design land uses to be harmonious with wildlife habitat and the
species that depend on this habitat for the economic,recreational and environmental
benefit of the residents of and visitors to the Estes Valley.
B.Applicability.This Section shall apply to all applications for review of development
plans,subdivision plats,planned unit developments,special review uses and rezonings.
This Section shall not apply to development on lots that were approved for single-family
residential use prior to the effective date of this Code.
C.Exemptions.The procedures and regulations contained in this Section shall not apply
to:
1.Agricultural activities such as soil preparation,irrigation,planting,harvesting,grazing
and farm ponds;
2.Maintenance and repair of existing public roads,utilities and other public facilities
within an existing right-of-way or easement;
3.Maintenance and repair of flood control structures and activities in response to a
flood emergency;
4.Maintenance and repair of existing residential or nonresidential structures;or
5.Activities undertaken pursuant to a wildlife conservation plan approved under this
Section.
D.Other Regulations.This Section of the Code does not repeal or supersede any existing
federal,state or local laws,easements,covenants or deed restrictions pertaining to
wildlife.When this Section imposes a higher or more restrictive standard,this Section
shall apply.
E.Wildlife Habitat Data Base.The following sources shall be used to identify important
wildlife habitat areas for purposes of review under this Section:
1.Wildlife Habitat map (dated December 1996),as set forth in the Estes Valley
Comprehensive Plan,as amended from time to time
2.Colorado Division of Wildlife habitat maps for Larimer County,as amended from time
to time.
3.Colorado Natural Heritage Program Maps dated December 1996,or as amended
from time to time.
4.Other information and maps as Staff or the Estes Valley Planning Commission may
from time to time identify in cooperation with the Colorado Division of Wildlife,such
as wildlife maps produced specifically for the Estes Valley.Said maps shall be
applicable only following adoption of an amendment to this Code.
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()EXHIBIT A (3
5.Wildlife habitat information required by this Section is intended for general planning
purposes.Obvious errors or omissions may be corrected by the Staff.
F.Review Procedures.The following procedures shall apply to all applications for
development:
1.Application.The Applicant shall submit a development plan,subdivision plat or sketch
plan,as applicable,depicting the general location of the property,location of structures
on the site,prominent natural areas such as streams and wetlands,and other features
that Staff may require for review pursuant to this Section.
A Wildlife Conservation Plan shall be submitted for sites containing:
a.An endangered or threatened species,
b.Big Horn sheep or Big Horn sheep habitat,or
c.Riparian areas adjacent to rivers and streams,and wetLands identified on the
maps set forth in Appendix Aof this Code.
2.Preliminary Review.Staff shall refer the submitted plan or plat to the Colorado
Division of Wildlife for review.Applicants are advised to consult with the Colorado
Division of Wildlife and other agencies responsible for regulation of wildlife and habitat,
such as the US Fish and Wildlife Service,US Department of the Interior—Rocky
Mountain National Park,US Forest Service,and Colorado Natural Heritage Program.
These agencies may maintain maps and databases that can aid in the site-specific
confirmation of the presence or absence of wildlife and habitat on a specific site.
3.Review Determination.
a.The Review and Decision-Making Bodies shall issue a finding as to whether the
application,including the wildlife conservation plan,complies with the
requirements of this Section.
b.Wildlife studies and mitigation plans found to be adequate by the Decision-
Making Body shall become binding upon the Applicant.
c.Applications that do not comply with Section 7.8 of this code shall be denied.
4.Waivers.Staff may waive or approve minor modifications of any development standard
or review criteria contained in this Section upon a finding that such waiver or
modification:
a.Is consistent with the stated purposes of this Section;
b.Will have no significant adverse impacts on wildlife species or habitat;
c.Any potential adverse impacts will be mitigated or offset to the maximum extent
practicable;and
d.Application of the standard or criteria is not warranted based on the location of
the development,the absence of a particular species on the site or other relevant
factors.
G.Review Standards.The following review standards shall apply to all development
applications as specified,unless Staff determines that a specific standard may be
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C)EXHIBIT A C1
waived pursuant to subsection F.5.above.It is the intent of this Section that these
standards be applied in a flexible fashion to protect wildlife habitat and wildlife species in
a cost-effective fashion.
1.Review Standards.
a.Buffers.All development subject to a wildlife conservation plan shall provide a
setback from any identified important wildlife habitat area,in accordance with any
recommendations in the wildlife conservation plan.
b.Non-Native Vegetation.There shall be no introduction of plant species that are
not on the approved landscaping list in Appendix C on any site containing any
important wildlife habitat area.To the maximum extent feasible,existing
herbaceous and woody cover on the site shall be maintained and removal of
native vegetation shall be minimized.
c.Fencing.
(1)No fencing on a site containing important wildlife habitat shall exceed forty
(40)inches in height,except to the extent that such fencing is approved by
Staff to confine permitted domestic animals or to protect permitted
ornamental landscaping or gardens.
(2)Fences higher than forty (40)inches may be allowed if adequate openings
are provided for the passage of deer,elk or other identified wildlife.These
openings shall be at least six (6)feet wide and spaced a maximum of fifty
(50)feet apart along continuous fence lines exceeding this length.
(3)No fencing using barbed wire shall be allowed.
(4)The type of fencing (materials,opacity,etc.)shall be determined by Staff or
the Decision-Making Body as appropriate for the wildlife species on the site.
d.Exterior Lighting.Use of exterior lighting shall be minimized in areas of important
wildlife habitat,and lighting shall be designed so that it does not spill over or onto
such critical habitat.See also §7.9 below.
e.Refuse Disposal.Developments on sites containing important wildlife habitat,
such as black bear,must use approved animal-proof refuse disposal containers.
With Division of Wildlife approval,refuse disposal containers and enclosures may
be electrified.
f.Domestic Animals.Development applications for property that includes important
wildlife habitat must include a plan with specified enforcement measures for the
control of domestic animals and household pets.The plan must include
provisions to prevent the harassment,disturbance and killing of wildlife and to
prevent the destruction of important wildlife habitat.
H.Wildlife Conservation Plans.
1.Plan Preparation.A wildlife conservation plan required by this Section shall be
prepared for the Applicant,at the Applicant’s expense,under the responsible
direction of a qualified person who has demonstrated expertise in the field.
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EXHIBIT A C)
2.Plan Content.Any wildlife conservation plan required to be prepared pursuant to this
Section shall include the following information at a minimum.Specific requirements
may be waived by Staff due to the location of the development,the previous use of
the site,the size and potential impact of the development,the absence of particular
species on a site,the prohibition of a reasonable use of the site and other relevant
factors.
a.A description of the ownership,location,type,size and other attributes of the
wildlife habitat on the site.
b.A description of the populations of wildlife species that inhabit or use the site,
including a qualitative description of their spatial distribution and abundance.
c.An analysis of the potential adverse impacts of the proposed development on
wildlife and wildlife habitat on or off site.
d.A list of proposed mitigation measures and an analysis of the probability of
success of such measures.
e.A plan for implementation,maintenance and monitoring of mitigation measures.
f.A plan for any relevant enhancement or restoration measures.
g.A demonstration of fiscal,administrative and technical competence of the
Applicant or other relevant entity to successfully execute the plan.
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