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Home My WebLink About08/16/2023 - Natural Resources Advisory Board - Agenda - Regular Meeting Natural Resources Advisory Board REGULAR MEETING – August 16, 2023 Location: 222 Laporte, Colorado Room & Zoom: https://fcgov.zoom.us/j/94115567733 6:00 CALL TO ORDER / ROLL CALL 1. AGENDA REVIEW 2. COMMUNITY MEMBER PARTICIPATION 3. APPROVAL OF MINUTES – JULY 4. NEW BUSINESS 6:10 – 7:00 Landscape Standards Code Revisions Kendra Boot (City Forester) and Katie Colins (Water Conservation Specialist) will share proposed updates to landscape standard for xeriscape, soil amendment, irrigation, and trees. Staff is seeking feedback and formal support from the board for to move forward these updates as part of City Council’s priorities. (Action) 7:00 – 7:20 NRAB Memo Review: Oil and Gas Reverse Setbacks Review and finalize draft memo, prepared by NRAB Chair, regarding proposed changes to the City’s policies on oil and natural gas reverse setbacks. Memo is based on NRAB discussion and motion following the July 19 presentation by Kristie Raymond, in advance of a Council Work Session scheduled for September 12. (Action) 5. OTHER BUSINESS / UPDATES • Board Member Reports • Six Month Calendar Review https://www.fcgov.com/cityclerk/planning-calendar.php • Revisit action items from previous meetings & preview of next meeting City Websites with Updates: • Natural Resources Advisory Board webpage: https://www.fcgov.com/cityclerk/natural-resources.php • Our Climate Future: https://ourcity.fcgov.com/ourclimatefuture 6. ADJOURN Code Updates: Landscape Standards August 2023 Kathryne Marko Environmental Regulatory Affairs Katie Collins, Danielle Reimanis Water Conservation Kendra Boot Forestry Division •Environmental Regulatory Affairs, Water Conservation and Forestry staff have partnered to draft codes that align across soil, xeriscape and tree priority areas: •City Council Priorities (#s 14, 19, and 28) •Municipal Code, Chapters 12 and 26 •Land Use Code 3.2.1 and 3.8.21 Landscaping and Tree Protection •The Benefits •Increased resiliency of landscapes •A focus on water efficiency •Preserving and replacing the urban canopy •Improved stormwater quality and reduction of runoff •Improved air quality •Reduced air temperature and heat island effect •Preservation of the look and feel of the community •Equitable recreation opportunities 2INTRO Purpose: Inform and discuss proposed landscape standards in municipal and land use codes. 1. What general feedback do you have about the proposals? 2.Do you support the proposed draft changes? 3QUESTIONS TO CONSIDER •Lead: Kathryne Marko, Environmental Regulatory Affairs •Key Changes •Code updates that include best practices for soil and soil health -Define standards for soil compaction and soil quality -Remove barriers for considering existing soil and/or plant type •Clarified thresholds in Code -Residential seeking Certificate of Occupancy and >1000 ft2 -Non -residential requiring development review and > 1000 ft2 •Implement comprehensive field inspection program -Inspect all sites (considering that thresholds were adjusted to exclude single family landscape renovations from the requirements to begin with) •Impacts/Resource needs •1 FTE •Software for inspection tracking and documentation 4SOILS Council Priority 14. Effective soil amendment policies and compliance (water usage) •Lead: Katie Collins, Water Conservation •Key Changes •Landscape and irrigation standards for new residential and nonresidential development or significant redevelopment: -30% irrigated turf maximum up to 1,000 or 10,000 square feet with exceptions -Artificial turf restriction with exceptions -Overhead irrigation restriction 10 a.m. – 6 p.m. during growing season -Dedicated irrigation to trees •Impacts/Resource needs •Capacity equal to 3.5 FTEs needed – Zoning (Inspector), Building Services (Inspector), Water Conservation (Development Review), Code Compliance (Inspector), Education (Utilities) •Software capacity for tracking review, permits, inspections •City sites continue to lead the way •Education campaign 5XERISCAPE Council Priority 19. Xeriscape –Increase rebates and education, less green lawns with new development •Lead: Kendra Boot, Forestry •Key Changes •Improved mitigation standards incentivizing tree preservation •Creation of separate street tree escrow and timeframe for tree replacement responsibility •Strengthened penalties for tree damage violations or healthy tree removal •Improved tree diversity requirements •Improved tree protection during construction •Impacts/Resource needs •2 FTE Zoning Landscape Inspectors funded, hired one in 2023 and one in 2024 -Original ask was for 3 FTEs, exploring remaining FTE ask for in 2025 -2026 •Capital Improvement and other City Development continue to lead by example 6TREE POLICY Council Priority 28. Improving Tree Policies PROJECT TIMELINE 7 1. What general feedback do you have about the proposals? 2.Do you support the proposed draft changes? 8QUESTIONS TO CONSIDER THANK YOU! Council Priorities & Engagement •Public input & website interactions: •929 responses and 5,878 comments on public survey •37 comments on boosted social media posts •166 hits on OurCity webpage •Focus groups, discussions, forms, and workshops: •14 virtual opportunities for input (September 2022 – April 2023) •56 attendees •22 internal •34 external •298 emails sent to 167 contacts •Engaged groups include developers, landscape professionals, landscape architects, realtors, property managers, nurseries and wholesalers, sod growers, and more Public Engagement Numbers ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS Division 3.2 Site Planning and Design Standards and Division 3.8 Supplementary Regulations DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Fort Collins, Colorado, Land Use Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 1 of 21 Division 3.2 – Site Planning and Design Standards 3.2.1 Landscaping and Tree Protection (A) Applicability. This Section shall apply to all development (except for development on existing lots for single- family detached dwellings) within the designated "limits of development" ("LOD") and natural habitat buffer zones (NHBZs) established according to Section 3.4.1 (Natural Habitats and Features), except applicability of this Section to development on existing lots for single family detached dwellings is as provided in Section 3.1.1 (Applicability) and Division 3.8 (Supplementary Regulations). (B) Purpose. The intent of this Section is to require preparation of landscape and tree protection plans that increase tree survival rates; protect, expand, and maintain a diverse ensure significant canopy cover is created, diversified and maintained infrastructure; reduce unauthorized removal of trees before, during, and after construction; support and prioritize a thriving natural habitats and features; and conserve water so that all associated social and environmental benefits are maximized to the extent reasonably feasible. These benefits include reduced erosion and stormwater runoff, improved water conservation, air pollution mitigation, reduced glare and heat build-up, increased aesthetics, and improved continuity within and between developments. Trees planted in appropriate spaces also provide screening and may mitigate potential conflicts between activity areas and other site elements while enhancing outdoor spaces, all of which add to a more resilient urban forest. (C) General Standard. All developments shall submit a landscape and tree protection plan (hereinafter “landscape plan”), and, if receiving water service from the City, an irrigation plan, that: (1) reinforces and extends any existing patterns of outdoor spaces and vegetation where practicable;, (2) supports functional purposes such as spatial definition, visual screening, creation of privacy, management of microclimate or drainage;, (3) enhances the appearance of the development and neighborhood ;, (4) protects significant trees, natural systems and habitat;, (5) enhances the pedestrian environment;, (6) identifies all landscape areas;, (7) identifies all landscaping elements within each landscape area;, and (8) meets or exceeds the standards of this Section. Notwithstanding the issuance of an occupancy permit under Subsections 3.2.1(I)(4) or (J)(2) or 3.2.2(M)(2) or (3), subsequent to issuance of the occupancy permit, any redevelopment where more than thirty-five percent (35%) of the landscape area is affected shall submit a landscape plan for the area proposed to be redeveloped within the existing landscape plan, and if applicable an irrigation plan for the redevelopment. (D) Tree Planting Standards. All developments shall establish groves of trees, and belts of trees, or both, along all city streets, in and around parking lots, and in all landscape areas of any development, building or structure. that are located within fifty (50) feet of any building or structure in order The standard is meant to establish useful at least a partial urban tree canopy in available and appropriate spaces. The groves and belts may also be combined or interspersed with other landscape areas in remaining portions of the development to accommodate views and functions such as active recreation and storm drainage. (1) Minimum Tree Stocking RequirementsPlantings/Description. These tree standards outline the required at least a minimum tree canopy and are in addition to requirements for preserving existing trees, parking lot landscape requirements and required tree mitigation. These stocking requirements but are not intended to limit additional tree plantings in any remaining portions of the development. Groves and belts of trees shall be required as follows: (a) pParking lot landscaping in accordance with the parking lot landscaping standards as set forth in this Section and in Section 3.2.2. Access, Circulation and Parking; DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 2 of 21 (b) sStreet tree planting in accordance with the Larimer County Urban Area Street Standards or other street tree planting as defined in subsection (2)(b) or (c) below; (c) "full tree stocking"Trees shall be required in all landscape areas within fifty (50) feet of any building or structure as further described below. Landscape areas shall be provided in adequate numbers, locations and dimensions to allow full tree stocking to occur along all areas of high use or high visibility sides of any building or structure. Such landscape areas shall extend at least seven (7) feet from any building or structure wall and contain at least fifty -five (55) square feet of nonpaved ground area, except that any planting cutouts in walkways shall contain at least sixteen (16)thirty-two (32) square feet, except in the Downtown District where tree cutouts shall mimic or exceed existing design or character to adjacent Street Frontage Types as outlined in Division 4.16. Planting cutouts, planters or other landscape areas for tree planting shall be provided within any walkway that is twelve (12)ten (10) feet or greater in width adjoining a vehicle use area that is not covered with an overhead fixture or canopy that would prev ent growth and maturity. Full tree stocking under this paragraph shall mean formal or informal groupings of trees planted according to the following spacing dimensions: Tree Type Minimum/Maximum Spacing Canopy shade trees 30'—40' spacing Coniferous evergreens 20'—40' spacing Ornamental trees 20'—40' spacing Exact locations and spacings may be adjusted at the option of the applicant to support patterns of use, views and circulation as long as the minimum tree planting requirement is met. Canopy shade trees shall constitute at least fifty (50) percent (50%) of all tree plantings. Trees required in subparagraphs (a) or (b) above may be used to contribute to this standard. (2) Street Trees. Planting of street trees shall occur in the adjoining street right-of-way, after first obtaining a street tree permit (free of charge) from the Forestry Division as stated in the Fort Collins Municipal Code Article 3, Sec 27-31., eExcept as described in subparagraph (b) below, the street tree plantings in connection with the development shall occur by one (1) or more of the methods described in subparagraphs (a) through (d) below: (a) Wherever the sidewalk is separated from the street by a parkway, with a minimum width of eight (8) feet in compliance with Larimer County Urban Area Street Standards, canopy shade trees shall be planted at thirty-foot to forty foot spacing (averaged along the entire front and sides of the block face) in the center of all such parkway areas. If two (2) or more consecutive residential lots along a street each measure between forty (40) and sixty (60) feet in street frontage width, one (1) tree per lot may be substituted for the thirty-foot to forty foot spacing requirement. Such street trees shall be placed at least eight (8)four (4) feet away from the edges of driveways and alleys, and forty (40) feet away from any streetlight and to the extent reasonably feasible, be positioned at evenly spaced intervals. (b) Wherever the sidewalk is attached to the street in a manner that fails to comply with the Larimer County Urban Area Street Standards, canopy shade trees shall be established in an area ranging from three (3) to seven (7) feet behind the sidewalk at the spa cing intervals as required in subsection (a) above. Wherever the sidewalk is attached to the street and is ten (10) feet or more in width, or extends from the curb to the property line, canopy shade trees shall be established in planting cutout areas of at least sixteen (16)thirty-two (32) square feet at thirty-foot to forty foot DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 3 of 21 spacing, except in the Downtown District where tree cutouts shall mimic or exceed existing design or character to adjacent Street Frontage Types as outlined in Division 4.16. (c) Ornamental trees shall be planted in substitution for the canopy shade trees required in subsection (D)(2)(a) and (b) above where overhead lines, and fixtures and underground utilities may prevent normal growth and maturity. Ornamental trees shall be placed at least fifteen (15) feet away from any streetlight. (d) Wherever existing ash trees (Fraxinus species) are in the adjoining street right-of-way, the applicant shall coordinate and obtain an onsite analysis with the City Forester to determine replacement canopy shade trees either through shadow planting or other emerald ash borer mitigation methods. The City Forester is available to recommend emerald ash borer mitigation methods for existing ash trees on private property. (e) In any multi-phase development plan, all street trees per phase shall be planted as near in time with one another as feasible and after the irrigation is functioning and the right-of-way turf grass, if present, is established. The City Forester, through conversations with the landscape contractor and Developer, shall make the final decision as to what timing is feasible. Street trees shall only be planted during shoulder seasons, March through June, and September through November, to avoid the hottest and coldest periods of the year. (f) Canopy Establishment Escrow. Twenty-five percent (25%) of the cost of all street trees to be planted within the LOD shall be posted before issuance of the Development Construction Permit and is separate from development landscape or irrigation escrows. The fair market value fee per tree is determined by the City Forester or a qualified landscape appraiser using the current editions of the Council of Tree and Landscape Appraisers’ Guide for Plant Appraisal, the industry’s international standard and best practice. (g) The establishment period of three full growing seasons (March through November) begins once all street trees in a development plan phase have been permitted and planting has been approved by City of Fort Collins Forestry Division. Within this establishment period, the Applicant or Developer is responsible for replacing dead, dying or damaged street trees as identified by the Forestry Division during semi-annual spring and fall inspections. When ninety percent (90%) of the street trees are established and in a healthy and growing condition after the end of the establishment period, the Forestry Division will assume maintenance responsibility of the street trees and use the amount of Canopy Establishment Escrow that is needed to replace any remaining dead, dying, or damaged street trees and then release any remaining Canopy Establishment Escrow back to the applicant. (3) Minimum Species Diversity. To prevent uniform insect or disease susceptibility and eventual uniform senescence on a development site within the LOD or in the adjacent area or the district, species diversity is required, and extensive monocultures are prohibited. No more than three (3) consecutive trees of the same cultivar or variety shall be planted in a row, including corners and groupings. The following minimum requirements shall apply to any development plan. Number of trees on site Maximum percentage of any one species 10—19 50%40% 20—39 33%30% 40—59 25%20% 60 or more 15%10% DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 4 of 21 (4) Tree Species and Minimum Sizes. The City Forester shall provide a recommended list of trees which shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade trees that may be used as street trees. The following minimum sizes shall be required (except as provided in subparagraph (5) below): Type Minimum Size Canopy Shade Tree 2.0" caliper balled and burlapped or equivalent Evergreen Tree 6.0' height balled and burlapped or equivalent Ornamental Tree 1.5" caliper balled and burlapped or equivalent Shrubs 5 gallon or adequate size consistent with design intent or 1 gallon may be permitted if planting within the Critical Root Zone of existing trees Any tree plantings that are in addition to those that are made as part of the approved landscape plan are exempt from the foregoing size requirements. (5) Reduced Minimum Sizes for Affordable Housing Projects. In any affordable housing project, the following minimum sizes shall be required: Type Minimum Size Canopy Shade Tree 1.0" caliper container or equivalent Evergreen Tree 4.0' height container or equivalent Ornamental Tree 1.0" caliper container or equivalent Shrubs 1 gallon Canopy Shade Tree as a street tree on a Local or Collector street only 1.25" caliper container or equivalent (E) Landscape Standards. All development applications shall include landscape plans that meet the following minimum standards: (1) Buffering Between Incompatible Uses and Activities. In situations where the Director determines that the arrangement of uses or design of buildings does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses, site elements or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. (a) Separation and screening with plant material: planting dense stands of evergreen trees, canopy shade trees, ornamental trees or shrubs; (b) Integration with plantings: incorporating trees, vines, planters or other plantings into the architectural theme of buildings and their outdoor spaces to subdue differences in architecture and bulk and avoid harsh edges; (c) Establishing privacy: establishing vertical landscape elements to screen views into or between windows and defined outdoor spaces where privacy i s important, such as where larger buildings are proposed next to side or rear yards of smaller buildings; (d) Visual integration of fences or walls: providing plant material in conjunction with a screen panel, arbor, garden wall, privacy fence or security fence to avoid the visual effect created by unattractive screening or security fences; (e) Landform shaping: utilizing berming or other grade changes to alter views, subdue sound, change the sense of proximity and channel pedestrian movement. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 5 of 21 (2) Landscape Area Treatment. The Landscape aAreas is the total of all landscape areas in the LOD and shall include all areas on the site that are not covered by buildings, structures, paving or impervious surface, or other outdoor areas including but not limited to play areas, plaza spaces, or patios, and the like (which other outdoor areas shall not be covered in artificial turf, as prohibited in Subsection (I)(11) of this Section, but may be landscaped in addition to the landscape plan). Individual Llandscape areas shall consist only of landscaping. Not less than fifty percent (50%) of the surface of each landscape area shall be covered with living landscape material at maturity. Tree canopy is excluded from this fifty percent (50%) calculation. The selection and location of turf grass, ground cover( vegetation including shrubs, grasses, perennials, flowerbeds and slope retention ), and pedestrian paving and other landscaping elements shall be used to prevent erosion and meet the functional and visual purposes such as defining spaces, accommodating and directing circulation patterns, managing visibility, attracting attention to building entrances and other focal points, and visually integrating buildings with the lLandscape aArea and with each other. (a) Irrigated tTurf grass. Irrigated turf grass areas shall be planted according to planned use. Locating irrigated turf grass with a high water requirement in areas of hHigh use, such as areas that will experience heavy foot traffic from events or athletics programming, shall be prioritized over locating such turf grass in lower-use areas. Such turf is not favored in areas other than areas of high use. areas shall be planted with irrigated turf grass. Nonirrigated shortgrass prairie grasses or other adapted grasses that have been certified as Xeriscape landscap ing may be established in remote, low-use, low visibility areas. Irrigated turf-type grass species with a lower water requirement may be located elsewhere on a site as appropriate for the species and planned activity. Any landscape plan that includes irrigated turf grass shall indicate the intended use of all turf grass areas. As used in this section: 1. “Area of high use” or “high-traffic area” shall mean an area where intense foot traffic occurs due to the layout and functionality of the property, of whic h irrigated turf grass would be most ideal compared to alternatives such as pavers or mulch for the environmental and aesthetic integrity of the property; 2. “Irrigated turf grass with a high water requirement” shall mean high-hydrozone sod forming grasses including species such as Poa pratensis (Kentucky bluegrass), and turf-type tall fescue (Festuca arundinacea) and their varieties and cultivars. (b) Planting beds. Shrub and ground cover planting beds shall be separated from turf grass with edging or other physical divider and shall have the majority of exposed soil open surface areas covered with mulch. (c) Living landscape material. All living landscape material shall be installed: 1. To limit irrigated turf grass to cover not more than thirty percent (30%) of the total landscaped area of a nonresidential property and to cover not more than thirty percent (30%) of the front yard of a residential property with four (4) or fewer bedrooms; 2. Not to exceed a maximum of ten thousand (10,000) square feet of irrigated turf grass on the entire lot or parcel of a nonresidential property or residential property with more than four (4) bedrooms; and not to exceed one thousand (1,000) square feet of the front yard of a residential property with four (4) or fewer bedrooms; 3. To comply with the tree diversity requirements in Subsection (D)(3) of this Section and trees planted in compliance with Larimer County Urban Area Street Standards; 4. Except these requirements shall not be imposed on living landscape material installed pursuant to a landscape plan approved before January 1, 2025. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 6 of 21 (c)(d) Slopes. Retaining walls, slope revetment or other acceptable devices integrated with plantings shall be used to stabilize slopes that are steeper than 3:1. If soil tests performed on the subject soils indicate steeper slopes are stable without the above required protection, then the maximum slope allowed without the above required protection may be increased to the maximum stated in the soils report or 2:1, whichever is less steep. (d)(e) Foundation Plantings. Exposed sections of building walls that are in high -use or high-visibility areas of the building exterior shall have planting beds at least five (5) seven (7) feet wide placed directly along at least fifty (50) percent (50%) of such walls, except where pedestrian paving abuts a commercial building with trees and/or other landscaping in cutouts or planting beds along the outer portion of the pedestrian space away from the building. (e)(f) Parkways. All adjoining street parkways shall be landscaped in connection with the development in accordance with the Larimer County Urban Area Street Standards. (f)(g) Exceptions. 1. Agricultural Use. If outdoor space is maintained in active agricultural use, the landscape surfaces and ground cover standards above shall not apply. 2. Streetscapes attached to a property are subject to Larimer County Urban Area Street Standards and are not considered as part of the total landscape area of a property for computing percentages under subparagraph (c)1. of this paragraph; 3. Sod-forming turf grass species that have a low or very-low water requirement according to hydrozones in the Fort Collins Recommended Plant List and well-maintained regionally adapted or native grass species are not subject to irrigated turf grass limits in Subsection (E)(2). 4. The Director may approve an exception to allow more than ten thousand (10,000) square feet and/or to exceed thirty percent (30%) installation of irrigated turf grass for a property planned for programmable athletic fields or otherwise high-traffic areas provided the irrigated turf grass proposed for the property is limited to those areas identified as areas of high use. (3) Water Conservation. Landscape plans shall be designed to incorporate water-efficient techniques. (a) Landscape designs shall be designed according to the xeriscape landscaping principles described as follows: 1. Plan and design. Plan for how people will use and interact with the landscape. Group landscape materials accordingly based upon hydrozone. 2. Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch, boulders and other landscape elements that support the criteria in Sectio n 3.2.1(H). Landscape elements shall be arranged to provide appropriate plant spacing and grouping and to avoid a disproportionate and excessive use of mulch areas. 3. Appropriate use of turf. Limit irrigated turf grass with a high water requirementhigh water- use turf to high-traffic areas where turf is functional and utilized. To avoid water waste that occurs through overspray on small areas, irrigated turf shall not be installed in contiguous areas smaller than three hundred (300) square feet. 4. Appropriate plant selection. Selected plants shall be well-adapted to the Fort Collins climate and site conditions. Plants shall be grouped according to water and light requirements. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 7 of 21 5. Efficient irrigation. Design, operate and maintain an efficient irrigation system. Select equipment appropriate to the hydrozone. Water deeply and infrequently to develop greater drought tolerance. 6. Soil preparation. Incorporate soil amendments appropriate to the soil and the plant material. Soil preparation must be in accordance with City of Fort Collins Municipal Code 3.8.2112-130 through 12-134. 7. Mulch. Maintain a minimum depth of three inches of mulch in planting beds to conserve soil moisture and control weeds, with careful placement and adjustment of depth near plant stems as needed to allow unimpeded plant establishment and vigorous growth. Mulch shall also be installed in accordance with Subsection (I)(10) of this Section. 8. Maintenance. Provide regular maintenance including but not limited to weeding, pruning, mowing to an appropriate height, deadheading, replacement of dead plant material, and replenishment of mulch surfaces. 9. Xeriscape principles do not include or allow artificial turf or plants; paving of areas not used for walkways, patios or parking; excessive bare ground or mulch; weed infestations; or any landscaping that does not comply with the standards of this section. (b) Landscape plans shall also include: 1. A water budget chart that shows the total annual water use, which shall not exceed an average of fifteen (15) gallons/square foot/year for each water tap. 2. A hydrozone plan with a hydrozone plan view diagram that identifies each hydrozone category assigned per planted area and that sums the total area of each category per each hydrozone. The hydrozone plan view diagram shall provide an accurate and clear visual identification of all planting area hydrozones using easily distinguished symbols, labeling, hatch patterns, and relationships of plan elements. The hydrozone plan view diagram shall also depict watering areas broken down by hydrozone, the location/point of irrigation tap connections with the water system, the proposed peak gallons per minute and tap size for each tap, and the layout of irrigation main lines proposed. a. AThe accurate and clear identification of all applicable hydrozones shall be according to using the following categories: High Hydrozone 18 gallons/square feet/year Moderate Hydrozone 14 gallons/square feet/year Low Hydrozone 8 gallons/square feet/year Very Low Hydrozone 3 gallons/square feet/year Trees planted outside of irrigated turf grass Gallons per tree (4) Parking Lot Perimeter Landscaping. Parking lot perimeter landscaping (in the minimum setback areas required by Section 3.2.2(J) (Access, Circulation and Parking) shall meet the following minimum standards: DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 8 of 21 (a) Trees shall be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public street and one (1) tree per forty (40) lineal feet along a side lot line parking setback area. Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall planting patterns and organization. Perimeter landscaping along a street may be located in and should be integrated with the streetscape in the street right-of-way. (b) Screening. Parking lots with six (6) or more spaces shall be screened from abutting uses and from the street. Screening from residential uses shall consist of a fence or wall six (6) feet in height in combination with plant material and of sufficient opacity to block at least seventy -five (75) percent (75%) of light from vehicle headlights. Screening from the street and all nonresidential uses shall consist of a wall, fence, planter, earthen berm, plant material or a combination of such elements, each of which shall have a minimum height of thirty (30) inches. Such screening shall extend a minimum of seventy (70) percent (70%) of the length of the street frontage of the parking lot and also seventy (70) percent (70%) of the length of any boundary of the parking lot that abuts any nonresidential use. Openings in the required screening shall be permitted for such features as access ways or drainage ways. Where screening from the street is required, plans submitted for review shall include a graphic depiction of the parking lot screening as seen from the street. Plant material used for the required screening shall achieve required opacity in its winter seasonal condition within three (3) years of construction of the vehicular use area to be screened. (5) Parking Lot Interior Landscaping. As required in Section 3.2.2(M)(1) Access, Circulation and Parking, six (6) percent (6%) of the interior space of all parking lots with less than one hundred (100) spaces, and ten (10) percent (10%) of the interior space of all parking lots with one hundred (100) spaces or more shall be landscape areas. (See Figure 1). All parking lot islands, connecting walkways through parking lots and driveways through or to parking lots shall be landscaped according to the following standards: (a) Visibility. To avoid landscape material blocking driver sight distance at driveway-street intersections, no plant material greater than twenty-four (24) inches in height shall be located within fifteen (15) feet of a curbcut. Trees are excluded from this requirement. (b) Maximized Area of Shading. Landscaped islands shall be evenly distributed to the maximum extent feasible. At a minimum, trees shall be planted at a ratio of at least one (1) canopy shade tree per one hundred fifty (150) square feet of internal landscaped area with a landscaped surface of turf, ground cover perennials or mulched shrub plantings. (c) Landscaped Islands. In addition to any pedestrian refuge areas, each landscaped island shall include one (1) or more canopy shade trees, be of length greater than eight (8) feet in its small est dimension, include at least eighty (80) square feet of ground area per tree to allow for root aeration, and have raised concrete curbs. Figure 1 Interior Landscaping for Vehicular Use Areas DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 9 of 21 (d) Walkways and Driveways. Connecting walkways through parking lots, as required in subsection 3.2.2(B)(5)(a) (Walkways) shall have one (1) canopy shade tree per forty (40) thirty (30) lineal feet of such walkway planted in landscape areas within five (5) feet of such walkway. Driveways through or to parking lots shall have one (1) canopy shade tree per forty (40) lineal feet of and along each side of such driveway, in landscape areas within five (5) feet of such driveway. (e) Parking bays shall extend no more than fifteen (15) parking spaces without an intervening tree, landscape island or landscape peninsula. (f) Engineering. Detailed specifications concerning parking lot surfacing material and parking lot drainage detention are available from the City Engineer. (6) Screening. Landscape and building elements shall be used to screen areas of low visual interest or visually intrusive site elements (such as trash collection, open storage, service areas, loading docks and blank walls) from off-site view. Such screening shall be established on all sides of such elements except where an opening is required for access. If access is possible only on a side that is visible from a public street, a removable or operable screen shall be required. The screen shall be designed and established so that the area or element being screened is no more than twenty (20) percent (20%) visible through the screen. (a) Screening Materials. Required screening shall be provided in the form of new or existing plantings, walls, fences, screen panels, topographic changes, buildings, horizontal separation or a combination of these techniques. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 10 of 21 (7) Landscaping of Vehicle Display Lots. Vehicle display lots for vehicle sales and leasing (as those terms are defined in Article 5) that abut an arterial or collector street shall feature landscaped islands along the street at an interval not to exceed every fifteen (15) vehicles or one hundred thirty -five (135) feet, whichever is less. Each landscaped island shall comply with the requirements of Section 3.2.1(E)(5)(c). (F) Tree Inventory, Preservation and Mitigation. All eExisting trees two (2) inches in diameter and greater significant trees (six (6) inches and greater in diameter) within the LOD and within natural habitat buffer zones NHBZs shall be recorded in a tree inventory and 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 Section, subject to the exceptions contained in subsection (2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance to significant all existing trees. All required landscape plans, demolition plans, building plans, engineering plans and utility 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 preserve and protect. When it is determined that an existing tree, or trees, cannot feasibly be protected and preserved, or successfully transplanted on-site, the trees to be removed must be mitigated by the applicant. Mitigation of removed trees shall be in addition to the required canopy shade and tree diversity requirements in Subsection (D) 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 requirements and shall satisfy the tree planting standards of this Section Subsection. To the extent reasonably feasible, replacementmitigation trees shall be planted on the development site. or, iIf it is not reasonably feasible to plant any or all of the mitigation trees onsite, in the closest available and suitable planting site on public or private property the applicant shall submit a payment in lieu to the City of Fort Collins Forestry Division to be used to plant mitigation trees as close to the development site as feasible within City right-of-way. The closest available and suitable planting site shall be selected within one-half (½) mile (2,640 feet) of the development site, subject to the following exceptions. If suitable planting sites for all of the replacement trees are not available within one-half (½) mile (2,640 feet) of the development, then the City Forester shall determine the most suitable planting location within the City's boundaries as close to the development site as feasible. If locations for planting replacement trees cannot be located within one-half (½) mile of the development site, the applicant may, instead of planting such replacement trees, submit a payment in lieu to the City of Fort Collins Forestry Division to be used to plant replacement trees to plant replacement trees as close to the development site as possible. The payment in lieu mitigation fair market value fee per tree is determined by the City Forester or a qualified landscape appraiser using the current editions of the Council of Tree and Landscape Appraisers’ Guide for Plant Appraisal, the industry’s international standard and best practice and may be adjusted annually based on market rates . Payment must be submitted prior to the Development Construction Permit issuance or other required permits. (1) A significant An existing tree that is removed shall be replaced with the mitigation values listed in the Tree Mitigation Requirements table below. The purpose is not less than one (1) or more than six (6) replacement trees sufficient to mitigate the value and contribution losses due to the removal of existing trees. loss of contribution and value of the removed significant tree(s). The applicant shall coordinate with the City Forester to determine such losses based upon an onsite tree assessment and tree inventory as early as Conceptual Review, including, but not limited to, shade, canopy, condition, size, aesthetic, environmental and ecological value of the tree(s) to be removed. Replacement Mitigation trees shall meet the following minimum size requirements in Section D(4) unless otherwise determined by the City Forester:. Full appraised fair market value(s) for trees thirteen (13) inches or greater will be conducted by the Forestry Division or a qualified landscape appraiser using the resources listed in the above paragraph of Subsection (F). (a) Canopy Shade Trees: 2.0" caliper balled and burlap or equivalent. (b) Ornamental Trees: 2.0" caliper balled and burlap or equivalent. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 11 of 21 (c) Evergreen Trees: 8' height balled and burlap or equivalent. Tree Mitigation Requirements Tree Size Mitigation Value 2-4-inch 2 trees 5-6-inch 3 trees 7-8-inch 4 trees 9-10-inch 5 trees 11-12-inch 6 trees ≥13-inches Full appraised dollar value (2) Trees that meet one (1) or more of the following removal criteria shall be exempt from the requirements of this subsection unless they meet mitigation requirements provided in paragraph 3.4.1(E)(1) of this Code: (a) dDead, dying or naturally fallen trees, or trees found to be a threat to public health, safety or welfare; (b) tTrees 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 or ash (Fraxinus species) less than eight (8) inches DBH; (d) Russian-olive, Siberian elm, and ash (all Fraxinus species) of wild or volunteer origin, such as those that have sprouted from seed along fence lines, near structures or in other unsuitable locations; (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). (G) Tree Protection SpecificationsDuring Construction. The following tree protection specifications shall be followed to the maximum extent feasible for all projects with protected existing trees. Tree protection methods shall be delineated on the demolition plans and development plans. To cease any development activity that may cause injury to the City’s existing trees, enforcement pursuant to Section 2.14.1 of the tree protection provisions under this subsection shall rely on inspection and removal of violations under Subsection 2.14.1(C) and injunction or abatement proceedings under Subsection 2.14.1(E) to ensure protection measures under this subsection are in place. (1) The landscape plan must be submitted to, and the tree protection portion of the plan approved by, the City Forester before any development occurring on the development site and shall be physically on sit e and adhered to at all times. (2) Tree protection methods identified in the landscape plan shall be delineated on the demolition plans, other development plans and permits and shall be submitted and erected prior to any site changes, including but not limited to, Demolition Permit, Stockpiling Permit, Asbestos abatement, Development Construction Permit, overlot grading or other site preparations. (3)(1) Within the drip line of any protected existing tree, there shall be no cut or fill over a four -inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. (4)(2) All protected existing trees shall be pruned to the City o f Fort Collins Forestry Division standards. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 12 of 21 (5)(3) Prior to and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange construction or chain link or approved equivalent fencing a minimum of four (4) six (6) feet in height, secured with metal T-postsor weighted to the ground, placed at the dripline of the tree or no closer than six (6) feet from the trunk if the tree is surrounded by impervious surfaces. or one-half (½) of the drip line, whichever is greater. Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s) is recommended and adequate required to provide added and adequate protection during construction. (6) There shall be no placement, storage or movement of equipment, material, debris or fill within the fenced tree protection zone. A tree protection plan must be submitted to and approved by the City Forester prior to any development occurring on the development site. (7) Tree Protection Signage. All tree protection areas shall be posted with a Tree Protection Zone sign approved by the City Forester. (8)(4) During the construction stage of development, the applicant shall prevent the cleaning of equipment or material or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. (9)(5) No damaging attachment, wires, signs or permits may be fastened to any protected tree. (10)(6) Large property areas containing protected trees and separated from construction or land clearing areas, road rights-of-way and utility easements may be "ribboned off," rather than erecting protective fencing around each tree as required in subsection (G)(3)(5) above. This may be accomplished by placing metal t-post stakes a maximum of fifty (50) feet apart and tying ribbon or rope from stake-to- stake along the outside perimeters of such areas being clearedprotected. (11)(7) The installation of utilities, irrigation lines, soil loosening or amending, or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty -four (24) inches and not directly under the trunks of trees. The auger distance is established from the face of the tree (outer bark) and is scaled from tree diameter at breast height as described in the chart below, Tree Diameter to Soil Disturbance (Loosening/Auger/Bore Pit/etc.) Distance. Low pressure hydro excavation, air spading or hand digging are additional tools/practices that will help reduce impact to the tree(s) root system when excavating at depths of twenty-four (24) inches or less. Refer to the Critical Root Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be incorporated into and shown on development plans for all existing trees to be preserved. Tree Diameter to Soil Disturbance (Loosening / Auger / Bore Pit, etc.) Distance Above table is new and replaces below table. Tree Diameter at Breast Height (inches) Auger Distance From Face of Tree (feet) 0-2 1 3-4 2 5-9 5 10-14 10 DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 13 of 21 15-19 12 Over 19 15 Figure 2 Critical Root Zone Diagram Above diagram is better quality (no yellow line down the right side) and replaces below diagram. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 14 of 21 .. (12) All existing trees within the LOD shall be watered using irrigation or hauled water sources throughout the duration of the development process and all development activities to sustain and improve tree health and survivability, under the following schedule: watered weekly at a minimum of forty (40) gallons per week March through October, and monthly at a minimum of forty (40) gallons per month November through April when temperatures are above forty degrees (40°). (H) Placement and Interrelationship of Required Landscape Plan Elements. In approving the required landscape plan, the decision maker shall have the authority to determine the optimum placement and interrelationship of required landscape plan elements such as trees, vegetation, turf, irrigation, screening, buffering and fencing, based on the following criteriaobjectives: (1) pProtecting existing trees, natural areas and features; (2) eEnhancing visual continuity within and between neighborhoods; (3) pProviding a diverse and resilient tree canopy cover; (4) cCreating visual interest year-round; (5) cComplementing the architecture of a development; (6) pProviding screening of areas of low visual interest or visually intrusive site elements; (7) eEstablishing an urban context within mixed-use developments; (8) pProviding privacy to residents and users; (9) cConserving water; (10) aAvoiding reliance on excessive maintenance; (11) pPromoting compatibility and buffering between and among dissimilar land uses; (12) eEstablishing spatial definition;. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 15 of 21 (13) Requiring specific consideration and approval of turf grasses, including perennial non-native species, before use in or adjacent to ecologically sensitive areas (such as NHBZs) or requiring physical separation from the ecologically sensitive area, such as by a trail. (I) Landscape Materials, Maintenance and Replacement. (1) Topsoil. To the maximum extent feasible, topsoil that is removed during construction activity shall be conserved for later use on areas requiring revegetation and landscaping. Organic soil amend ments shall also be incorporated in accordance with the requirements of Section 3.8.21. (2) Plant Materials. Plant material shall be selected from the City of Fort Collins Plant List created by Fort Collins Utilities Customer Connections Department and adopted by the Director. The Plant List contains plants determined by local resources to be appropriate for local conditions. The Director may approve plants not included on the list upon a determination that such plants are well suited for the local climate. (3) Plant Quality. All plants shall be A-Grade or No. 1 Grade, free of any defects, of normal health, height, leaf density and spread appropriate to the species as defined by American Association of Nurserymen standards. (4) Installation. All landscaping and irrigation shall be installed according to sound horticultural practices in a manner designed to encourage quick establishment and healthy growth. All landscaping in each phase shall either be installed or the installation shall be secured with a letter of credit, escrow or performance bond for one hundred twenty-five (125) percent of the value of the landscaping prior to the issuance of a certificate of occupancy for any building in such phase. Except as provided herein, and administered separately from the canopy establishment escrow under paragraph (D)(2)(f) of this Section, no certificate of occupancy shall be issued for any building on any portion of a property required by this Article to have a landscape plan, unless all landscaping has been installed according to an approved landscape plan for the property, all irrigation has been installed according to an approved irrigation plan for the property, and both have been maintained as required under this Section for a period of two years. If such landscaping and irrigation installations have not been completed, a certificate of occupancy may be issued upon the receipt by the City of a bond, cash deposit or equivalent conditioned on and guaranteeing the installation of the entire landscaping shown on the approved landscaping plan and the irrigation system shown on the approved irrigation plan . Such bond, cash deposit or equivalent shall be in the amount of one hundred twenty -five percent (125%) of the estimated cost of the landscaping installation, irrigation installation, or both as applicable, determined by an executed contract to install the landscaping, irrigation, or both, or by adequate appraisals of the cost. Such bond, cash deposit or equivalent shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2) years after installation, but the amount of the same shall be reduced after installation is completed to twenty -five percent (25%) of the actual cost of such landscaping. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Permits and Inspections Director that the required landscaping program and irrigation system have been completed and maintained in accordance with the requirements of the bond. (5) Maintenance. Trees and vegetation, irrigation systems, fences, walls and other landscape elements shall be considered as elements and infrastructure of the project in the same manner as parking, building materials and other site details. Large healthy and structurally stable trees removed post development is a violation of the approved landscape plan, where healthy trees shall be protected in perpetuity. The applicant, landowner or successors in interest shall be jointly and severally responsible for the regular maintenance of all landscaping elements in good condition. All landscaping shall be maintained free from disease, pests, weeds and litter, and all landscape structures such as fences and walls shall be repaired and replaced periodically to maintain a structurally sound condition. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 16 of 21 (a) Required maintenance includes preserving and protecting trees and the CRZ designated for preservation. Preserving and protection includes but is not limited to avoiding damage to the tree and CRZ. Damaging actions include but are not limited to backing into a tree, excavating or trenching in the CRZ, storing heavy equipment on the CRZ, and overpruning. (b) Damage to a tree or CRZ that interferes with the longterm health of the tree shall require mitigation according to the Tree Mitigation Requirements under Subsection (F)(1) of this Section. (c) Naturally fallen trees or trees found to be a threat to pu blic health, safety or welfare are exempt. (6) Replacement. Any landscape element that dies, or is otherwise removed, shall be promptly replaced based on the requirements of this Section. (7) Mitigation. Healthy, mature trees that are removed by the applicant or by anyone acting on behalf of or with the approval of the applicant shall be replaced per Subsection (F)(1) with not less than one (1) or more than six (6) replacement trees sufficient to mitigate the loss of value of the removed treeexisting canopy. The applicant shall select either the City Forester or a qualified landscape appraiser to determine such loss based upon ana fair market value appraisal of the removed tree, using the most recent published methods established by the Council of Tree and Landscape Appraiser s resources listed in Subsection (F) of this Section. Larger than minimum sizes (as set forth in subsection (D)(4) above) shall be required for such replacement trees. (8) Restricted Species. City Forestry Division shall provide a list of specified tree species that shall not be planted within the limits of development LOD and adjoining street right-of-way. For example, no ash trees (Fraxinus species) shall be planted due to the anticipated impacts of the emerald ash borer. (9) Prohibited species. For prohibited species reference Chapter 27, Article II, Division 1, Sec. 27-18 of the Fort Collins Municipal Code. (10) Mulch. (a) All trees planted within the LOD shall have a minimum of a six (6) foot radius mulch ring or a full covering of the permeable area under a tree grate with wood chip mulch at a depth of 2 to 4 inches. (b) Mulch shall be placed and replenished as needed to maintain complete coverage of the soil surface with a depth of 2 to4 inches. c The total coverage area of any single type of inorganic mulch shall not exceed 50% of the total landscape. Tree mulch is excluded from this fifty percent (50%) calculation. (11) Artificial turf. – No artificial turf or artificial plants shall be installed on any lot or parcel. The Director may approve an exception to allow artificial turf to be installed if the Director determines the use is appropriate and alternatives are not reasonable. Any exception to allow artificial turf shall be included and shown in the landscape plan. (J) Irrigation. (1) Provision shall be made for permanent, automatic irrigation of all plant material, with the following exceptions: (a) pPlantings that do not require any irrigation beyond establishment. (b) tTrees and other plants used to landscape a residential local street parkway abutting lots for single-family detached dwellings, which are installed on a separate irrigation system in accordance with subparagraph (J)(3)(a)3 of this Section. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 17 of 21 (2) For any development provided water within the City, a final irrigation plan shall be submitted to and approved by the Director prior to the issuance of the building permit, or if no building permit is required, then prior to commencement of construction. Any major deviation from an approved irrigation plan, resulting from construction, shall require an as-built amendment to the irrigation plan. As determined by the Director, minor redevelopment or change of use projects may not be required to submitrequire an irrigation plan; in such cases, a written statement shall be submitted describing the type of irrigation system proposed. The irrigation plan shall incorporate the City of Fort Collins Irrigation System Standards for Water Conservation set forth in Paragraph (J)(3) below. The irrigation plan shall include a water use table organized by irrigation zone for each irrigation tap, corresponding to the hydrozone plan and aligning with the water budget chart in the landscape plan (Subsection (E)(3)(b)), and showing the total annual water use, which shall not exceed an average of fifteen (15) gallons per square foot for the landscape. In addition, as provided in Subsection (I)(4) of this section, the irrigation system must be inspected for compliance with the approved irrigation plan before the issuance of a Certificate of Occupancy. (3) The City of Fort Collins Irrigation System Standards for Water Conservation are as follows: (a) Irrigation Methods and Layout. 1. The irrigation system shall be designed according to the hydrozones shown on the landscape hydrozone plan in Subsection (E)(3)(b)2 and shall perform as provided in the water budget chart in Subsection (E)(3)(b)1. 2. Each zone shall irrigate a landscape with similar site, soil conditions and plant material having similar water needs. To the extent reasonably feasible, areas with sign ificantly different solar exposures shall be zoned separately. 3. Trees, including street trees, tTurf and non-turf areas shall be irrigated on separate zones. Dedicated non-overhead, surface or subsurface irrigation shall be installed for all new trees and existing trees within the LOD. 4. On steep grades, an irrigation method with a lower precipitation rate shall be used in order to minimize runoff, and, to the extent reasonably feasible, these areas shall be zoned separately. 5. No combination of dDrip, micro-sprays, sprayheads and or rotors shall be used together or not be combined on the same zone. 6. The irrigation method shall be selected to correlate with the plant density. Drip irrigation or bubblers shall be used for sparsely planted trees and shrubs, and rotors, sprayheads and multi-jet rotary nozzles shall be used for turfgrass. (b) Equipment Selection. 1. In order to reduce leakage of water from the irrigation system, a master shut -off valve shall be installed downstream of the backflow device to shut off water to the system when not operating. 2. For irrigation systems that are on a combined-use tap, with a water meter installed upstream to measure total water use, the installation of an irrigation-only submeter should be considered. The purpose of the submeter would be to enable the owner and landscape maintenance contractor to monitor water use for irrigation. The submeter would not be used for billing purposes. The cost of installation and maintenance of a submeter, if used, would be borne by the owner of the property and not by the City. All such submeters would have to be installed in accordance with the specifications established by the City. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 18 of 21 3. Irrigation controllers shall be "smart" controllers, using climate-based or soil moisture- based technology, selected from the WaterSense labeled irrigation controllers list issued by the United States Environmental Protection Agency from time-to-time and available at the City of Fort Collins Utilities Water Conservation Department. Controllers shall be installed and programmed according to manufacturer's specifications. a. A data input chart for the Smart Controller, including the precipitation rate from the audit, shall be posted at each irrigation controller. b. Within six (6) weeks of the installation of new landscaping, the irrigation system Smart Controllers shall be reset to the normal seasonal watering schedule. 4. An evapotranspiration (ET) sensor or weather monitor shall be installed on each irrigation controller and installed according to manufacturer's specifications in a location to receive accurate weather conditions. 5. Sprinklers and nozzles shall meet the following requirements: a. The type of sprinkler and associated nozzles shall be selected to correlate with the size and geometry of the zone being irrigated. b. Sprinklers shall be spaced no closer than seventy-five (75) percent (75%) of the maximum radius of throw for the given sprinkler and nozzle. Maximum spacing shall be head-to-head coverage. c. Coverage arcs and radius of throw for turf areas shall be selected and adjusted to water only turf areas and minimize overspray onto vegetated areas, hard surfaces, buildings, fences or other non-landscaped surfaces. d. Sprinklers, bubblers or emitters on a zone shall be of the same manufacturer. e. Sprayheads in turf areas shall have a minimum three-and-one-half-inch pop-up riser height. f. Sprayheads on a zone shall have matched precipitation nozzles. Variable Arc Nozzles (VAN) are not acceptable for ninety degree (90°), one hundred eighty degree (180°) and three hundred sixty degree (360°) degree applications. High- Efficiency Variable Arc Nozzles (HE-VAN) are acceptable only in odd shaped areas where ninety degree (90°), one hundred eighty degree (180°) and three hundred sixty degree (360°) are not applicable. g. Nozzles for rotors shall be selected to achieve an approximate uniform precipitation rate throughout the zone. h. All sprayheads and rotors shall be equipped with check valves. Sprayheads shall also have pressure-regulating stems. 6. Pressure-compensating emitters shall be used for drip irrigation. For sloped areas, a check valve shall be installed, and the drip line shall be parallel to the slope. 7. Remote controlo valves shall have flow control. 8. A backflow prevention assembly shall be installed in accordance with local codes. All backflow assemblies shall be equipped with adequately sized winterization ports downstream of the backflow assembly. 9. Properties with single or combined point of connection flows of two hundred (200) gpm or greater shall have a control system capable of providing real-time flow monitoring and the ability to shut down the system in the event of a high-flow condition. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 19 of 21 (c) Sleeving. 1. Separate sleeves shall be installed beneath paved areas to route each run of irrigation pipe or wiring bundle. The diameter of sleeving shall be twice that of the pipe or wiring bundle. 2. The sleeving material beneath sidewalks, drives and streets shall be PVC Class 200 pipe with solvent welded joints. (d) Water Pressure. 1. The irrigation system designer shall verify the existing available water pressure. 2. The irrigation system shall be designed such that the point-of-connection design pressure, minus the possible system pressure losses, is greater than or equal to the design sprinkler operating pressure. 3. All pop-up spray sprinkler bodies equipped with spray nozzles shall operate at no less than twenty (20) psi and no more than thirty (30) psi. 4. All rotary sprinklers and multi-stream rotary nozzles on pop-up spray bodies shall operate at the manufacturer's specified optimum performance pressure. 5. If the operating pressure exceeds the manufacturer's specified maximum operating pressure for any sprinkler body, pressure shall be regulated at the zone valve or sprinkler heads. 6. Booster pumps shall be installed on systems where supply pressure does not meet the manufacturer's minimum recommended operating pressure for efficient water distribution. (e) Sprinkler Performance Audit. 1. A sprinkler performance audit shall be performed by a landscape irrigation auditor who is independent of the installation contractor, and who is certified by the Irrigation Association (a nonprofit industry organization dedicated to promoting efficient irrigation). Sprinkler systems that are designed and installed without turf areas are exempt from this requirement. 2. The audit shall include measurement of distribution uniformity. Minimum acceptable distribution uniformities shall be sixty (60) percent (60%) for spray head zones and seventy (70) percent (70%) for rotor zones. Sprinkler heads equipped with multi-stream rotary nozzles are considered rotors. 3. Audit results below the minimum acceptable distribution uniformity as set for the subsection (e)2. above require adjustments and/or repairs to the irrigation system. These corrections will be noted on the irrigation as-builts and the test area re-audited until acceptable efficiency/results. 4. The audit shall measure the operating pressure for one (1) sprinkler on each zone to determine whether the zone meets the above pressure requirements. 5. A copy of the sprinkler performance audit shall be submitted to and approved by the City before issuance of a certificate of occupancy. (K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The following list sets forth minimum dimension requirements for the most common tree/utility and traffic control device separations. Exceptions to these requirements may occur where utilities or traffic control devices are not located in their standard designated locations, as approved by the Director. Tree/utility and traffic control device separ ations shall not be used as a means of avoiding the planting of required street trees. DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 20 of 21 (1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between ornamental trees and streetlights. (See Figure 3.) Figure 3 Tree/Streetlight Separations (2) Twenty (20) feet between shade and/or ornamental trees and traffic control signs and devices. (3) Ten (10) feet between trees and water or sewer mains. (4) Six (6) feet between trees and water or sewer service lines. (5) Four (4) feet between trees and gas lines. (6) Street trees on local streets planted within the eight-foot-wide utility easement may conflict with utilities. Additional conduit may be required to protect underground electric lines. (L) Visual Clearance or Sight Distance Triangle. Except as provided in subparagraphs (1) and (2) below, a visual clearance triangle, free of any structures or landscape elements over twenty-four (24) inches in height, shall be maintained at street intersections and driveways in conformance with the standards contained in the Larimer County Urban Area Street Standards. (1) Fences shall not exceed forty -two (42) inches in height and shall be of an open design. (2) Deciduous trees may be permitted to encroach into the clearance triangle provided that the lowest branch of any such tree shall be at least six (6) feet from grade. (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). (N) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative landscape and tree protection plan that may be substituted in whole or in part for a landscape plan meeting the standards of this Section. (1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance with submittal requirements for landscape plans. Each such plan shall clearly identify and discuss the modifications DRAFT FOR DISCUSSION - FURTHER REVIEW PENDING Created: 2022-05-27 13:23:10 [EST] (Supp. No. 60) Page 21 of 21 and alternatives proposed and the ways in which the plan will better accomplish the purposes of this Section than would a plan which complies with the standards of this Section. (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this Section as required above, the decision maker shall take into account whether the alternative accomplishes the functions listed in Subsection (C)(1) through (7) and Subsection (H) of this Section 3.2.1 and demonstrates innovative design and use of plant materials and o ther landscape elements. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §14, 11/16/99; Ord. No. 59, 2000 §§12, 13, 6/6/00; Ord. No. 186, 2000 §2, 1/2/01; Ord. No. 107, 2001 §§17, 18, 6/19/01; Ord. No. 177, 2002 §7, 12/17/02; Ord. No. 091, 2004 §§6—8, 6/15/04; Ord. No. 104, 2006 §6, 7/18/06; Ord. No. 073, 2008 §4, 7/1/08; Ord. No. 066, 2009 §§5—9, 7/7/09; Ord. No. 080, 2011 , §2, 9/6/2011; Ord. No. 051, 2012 §8, 7/17/12; Ord. No. 014, 2013 §§1,2, 2/19/13; Ord. No. 041, 2013 §1, 3/19/13; Ord. No. 092, 2013 §6, 7/16/13; Ord. No. 086, 2014 §31, 7/1/14; Ord. No. 063, 2018 , §§7—13, 6/5/18; Ord. No. 077, 2019 , §6, 7/16/19; Ord. No. 161, 2020 , §4, 1/5/21; Ord. No. 120, 2021 , §§ 2, 3, 10/5/21) Division 3.8 – Supplementary Regulations 3.8.21 - Soil Amendments, Tree Protection and Landscaping For any development project, prior to installation of any plant materials, including but not limited to grass, seed, flowers, shrubs or trees:, (A) Tthe soil in the area to be planted shall be loosened and amended in a manner consistent with the requirements of City Code Section 12-132(a), regardless of whether a building permit is required for the specific lot, tract or parcel in which the area is located. A certification consistent with the requirements of City Code Section 12-132(b)12-133 shall be required for the area to be planted. A variance to modify the soil loosening standards of Section 12 -132(b); the soil amendment standards of Section 12-132(c); or the compliance deadline of Section 12-133(a) may be applied for asThis requirement may be temporarily suspended or waived for the reasons and in the manner set forth in City Code Sections 12-132(c) and (d)12-134. (B) Trees, including trees’ critical root zones, shall be protected during construction according to Land Use Code 3.2.1(G), and soil loosening shall be according to Section 12-132(b)(2). (C) A landscape and tree protection plan (landscape plan), and an irrigation plan if applicable, under Land Use Code 3.2.1 shall be approved and all installations shall be according to the plans, except that for a single unit detached dwelling with four (4) or fewer bedrooms, the landscape and irrigation plans need only be approved for the front yard, and an irrigation plan shall be designed and installed as reasonably feasible for the site. DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 1 ORDINANCE NO. , 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SOIL LOOSENING AND AMENDMENT REQUIREMENTS WHEREAS, the City has historically imposed certain requirements related to the loosening of soil areas and incorporation of appropriate soil amendments in areas to be planted in order to, among other things, enhance soil water storage capacity, improve soil conditions for plant growth, increase water infiltration, and reduce water runoff; and WHEREAS, such requirements are located in Chapter 12, Division 2 of City Code; and WHEREAS, pursuant to City Council priority 14 (Effective soil amendment policies and compliance (water usage)) and direction form City Council at a January 10, 2023 work session, and City staff completed a review of such existing requirements; and WHEREAS, City staff have proposed revisions to such requirements as set forth below. 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 Chapter 12, Article VII., Division 2 of the Code of the City of Fort Collins is hereby deleted in its entirety and replaced with the following: Division 2 Soil Amendment Sec. 12-130. Purpose. The provisions of this Section are intended to enhance soil water storage capacity, improve conditions for plant growth and reduce water runoff. Sec. 12-131. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section: Certificate of occupancy shall mean a certificate of occupancy as described in the building code of the City as adopted in Chapter 5, Article II, Division 2, or any other document issued by the City to authorize occupation of new improvements constructed pursuant to a building permit. DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 2 Soil amendments shall mean compost, peat, aged manure or such other organic or inorganic material as may be approved by the Utilities Executive Director as appropriate to meet the objectives of this Section. Top soil shall mean a friable mixture of sand, silt and clay particles, each within the following limits: Sand (0.05- 2.00 mm) Maximum 75% Minimum 20% Silt (0.002-0.05 mm) Maximum 60% Minimum 5% Clay (less than 0.002 mm) Maximum 30% Minimum 5% Top soil shall have an organic matter content of greater than five (5) percent and a pH between 6.0 and 8.0, and shall be free from noxious weeds and roots, salts, clay lumps, any nonsoil materials such as rock, concrete, brick chips, or building materials, foreign matter, and any chemical, biological or radiological contaminants. Sec. 12-132. Regulations. (a) Except as otherwise provided below, the holder of any building permit shall, as a condition of the issuance of a certificate of occupancy, prepare any area in which any plant materials, including but not limited to grass, seed, flowers, shrubs or trees, are expected or intended to be installed, prior to installation of any plant materials in that area, as follows: (1) The soil in such areas shall be thoroughly loosened to a depth of not less than eight (8) inches; and (2) Soil amendments shall be thoroughly incorporated into the soil of such areas to a depth of at least six (6) inches by tilling, discing or other suitable method, at a rate of at least three (3) cubic yards of soil amendment per one thousand (1,000) square feet of area to be planted, unless at least four (4) inches of loose top soil has been placed on the area after completion of construction activity on top of not less than four (4) inches of loosened subgrade soils. Documentation of the content and quantity of the soil amendments and top soil placed in an area, prepared by the commercial source of the material or a qualified soils testing laboratory, shall be submitted in connection with the certification required in Subsection 12-132(b) below. (b) Prior to the issuance of any certificate of occupancy, the prospective recipient of such certificate of occupancy shall submit written certification to the Utilities Executive Director that all planted areas, or areas to be planted, have been thoroughly loosened and the soil amended, consistent with the requirements set forth in this Section. (c) In the event that the Utilities Executive Director determines that compliance with this Section is rendered unreasonably difficult by weather or seasonal conditions, the Utilities Executive Director may temporarily suspend the application of this requirement, contingent upon the provision by the prospective recipient of such arrangements, guaranties or assurances as the Utilities Executive Director determines to be adequate to ensure compliance. DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 3 (d) In the event that the Utilities Executive Director determines that compliance with this Section in a specific area is unreasonably difficult as a result of site conditions such as, for example, an excessively steep gradient or a very narrow side lot, the Utilities Executive Director may waive the application of this requirement for such area. (e) The Utilities Executive Director or City Manager may inspect any property in order to determine compliance with the requirements of this Section as a condition of issuance of any certificate of occupancy. (f) Payment of any administrative fee established by the City Manager for the purpose of recovering the costs of administering and enforcing the requirements of this Section shall be required as a condition of issuance of any building permit, excluding any building permit where it can be shown that no areas within the project limits will be disturbed by construction activities and planted with vegetation. Division 2 - Soil Loosening and Amendment Sec. 12-130. - Purpose. The provisions of this Section are intended to enhance soil water storage capacity, improve soil conditions for plant growth, increase water infiltration, and reduce water runoff. Sec. 12-131. - Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section: Certificate of occupancy shall mean a certificate of occupancy as described in the building code of the City as adopted in Chapter 5, Article II, Division 2, or any other document issued by the City to authorize occupation of new improvements constructed pursuant to a building permit. Plant materials shall mean living vegetation. Soil amendments shall mean materials added to soil to improve soil properties for the purpose of optimal plant growth. Soil amendments may include: gypsum, limestone, sulfur, aluminum sulfates, humates, organic matter, mulches, compost, soil conditioners, mycorrhizal inoculum, or bio-stimulants or such other as appropriate to meet the objectives of this Division. Soil testing shall mean technical analysis by a professional soil testing lab to determine composition and characteristics of soil. Top soil shall mean a friable mixture of sand, silt and clay particles, each within the following limits: Sand (0.05- 2.00 mm) Maximum 75% Minimum 20% Silt (0.002-0.05 mm) Maximum 60% Minimum 5% DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 4 Clay (less than 0.002 mm) Maximum 30% Minimum 5% Topsoil shall be free from building, construction, or other foreign materials, and any chemical, biological or radiological contaminants. Topsoil shall also be within the following limits: Organic Material (Organic Material / Sample) Minimum 3% Maximum 10% pH 6 8 Electrical Conductivity (millimhos / cm) 0 2.0 Topsoil Stockpiling Practices shall mean those practices to preserve the quality of topsoil comprising of the top 4-6 inches of existing soils, stored in piles from 2-4 feet high, and for a duration of less than 12 months. Sec. 12-132 Soil Loosening and Amendment Requirements (a) Applicability. The requirements of this Division shall apply to any property that: (1) is included any development review process under the Land Use Code and has over 1,000 square feet of vegetated area that will be disturbed; or (2) requires a building permit that is associated with a certificate of occupancy and has over 1,000 square feet of vegetated area that will be disturbed. (b) Soil Loosening Standards. Except as provided in this subsection (b) or pursuant to Section 12-134, in any locations where plant materials are expected or intended to be installed, soils shall be thoroughly loosened to a depth of at least eight inches, except as follows: (1) In areas where new tree plantings are expected or intended to occur, the soil shall be loosened to the extent of, roughly two to three times the diameter of the planted root ball and minimum of six feet extending radially from the tree trunk and loosened to a depth equivalent to the root ball. (2) Within five feet of the trunk of existing trees that will remain that have a trunk diameter of less than five inches, soil shall not be loosened. Within five feet of the trunk of existing trees that will remain that have a trunk diameter of five inches or larger, soil shall only be loosened with a no-till method. (3) In any areas where existing vegetation remains and was not compacted or disturbed from construction or related activities, the soil shall only be loosened with an aeration or no-till method. DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 5 (c) Soil Amendment Standards. (1) Except as provided in this subsection (c) or pursuant to Section 12-134, in any locations where plant materials are expected or intended to be installed, the soil shall be amended at a rate of at least three cubic yards of soil amendment over 1,000 square feet, which shall be well mixed into the top four inches of the soil. (2) Soils amendments shall not be required for the following: (A) In areas where new or existing trees are located, and no other vegetation will be under the tree canopy. (B) In areas where Low Impact Development stormwater quality infrastructure is located. (C) Existing soils that are topsoil, as proven by soil testing. Such topsoil may be stripped and stored using Topsoil Stockpiling Practices for reapplication to the site. When reapplied, at least four inches of reclaimed topsoil shall be applied. Sec. 12-133 Compliance and Fees (a) Compliance. (1) The requirements of this Division shall be met prior to the issuance of any certificate of occupancy. Except pursuant to Section 12-134, no certificate of occupancy shall be issued until compliance is established pursuant to this subsection. (2) Proof of compliance shall be submitted to the Utilities Executive Director, which shall include, at minimum: any soil testing results and any related documentation; and verification of the completion of the soil loosening and amendment requirements of this Division. The Utilities Executive Director may establish forms for this purpose. (3) The Utilities Executive Director may enter any property subject to this Division for the purposes of evaluating whether the property is in compliance. (4) The Utilities Executive Director shall review the proof of compliance and, in writing, approve, approve with conditions, or deny that the soil loosening and amendment requirements of this Division have been met. (b) Fees. The Utilities Executive Director may establish reasonable fees on properties subject to this Division to recover costs associated with enforcing this Division. Sec. 12-134 Variance Procedure for Soil Loosening and Amendment Requirements DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 6 (a) Notwithstanding the provisions of this Division, pursuant to this section, the Utilities Executive Director may grant variance requests to modify: the soil loosening standards of Section 12-132(b); the soil amendment standards of Section 12-132(c); and the compliance deadline of Section 12-133(a). (1) An applicant seeking such a variance shall complete and file with the Utilities Executive Director an application accompanied by any required filing fee as determined by the Utilities Executive Director. The Utilities Executive Director shall prepare a form of such application identifying for the applicant all of the necessary information for the Utilities Executive Director to evaluate the variance request, which shall include, at minimum, an analysis of the requested variance. (2) The Utilities Executive Director may, following any appropriate investigations including requests for additional information from the applicant, grant a variance request, including subject to terms and conditions, to modify the soil loosening standards of Section 12-132(b), the soil amendment standards of Section 12-132(c), or the compliance deadline of Section 12-133(a) as applied to a particular property if the Utilities Executive Director finds that the following conditions are met: a. The variance is appropriate based on all known facts, will substantially further the purposes of this Division, and is in the best interests of the City. b. Where the variance request is to modify the soil loosening standards of Section 12-132(b) or the soil amendment standards of Section 12-132(c) for the particular property, the modification is needed to: address unique soil, hydrological, or topographical conditions of the property; or to facilitate native plants. c. Where the variance request is to modify the compliance deadline of Section 12-133(a), the modification is needed due to weather or seasonal conditions. (3) If the variance request is granted, the variance shall be set forth in the writing and shall include any terms and conditions the Utilities Executive Director deems appropriate to further the purposes of this Division. If the variance includes a modification of the soil loosening standards of Section 12-132(b) or the soil amendment standards of Section 12-132(c), the modified standards shall be stated. If the variance includes a modification of the compliance deadline of Section 12-133(a), a new deadline shall be stated and terms and conditions may include the City’s right to withhold other permits sought by the applicant until the particular property is in compliance with the variance. Failure of the applicant to comply with a granted variance shall be deemed a violation of City Code pursuant to Section 1-15. DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 7 If the variance request is denied, the Utilities Executive Director shall notify the applicant in writing of the denial and state the reasons therefor. Introduced, considered favorably on first reading and ordered published this ___ day of ____, 2023, and to be presented for final passage on the ____ day of ____, 2023. Mayor ATTEST: City Clerk Passed and adopted on final reading this ____ day of ____, 2023. Mayor ATTEST: City Clerk DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 1 ORDINANCE NO. , 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO IMPOSE CERTAIN LIMITATIONS ON WHEN AND HOW WATER OBTAINED FROM THE CITY MAY BE USED TO IRRIGATE OUTSIDE VEGETATION WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which includes a water utility that provides water to customers in its service area; and WHEREAS, water conservation and efficiency is a tool Utilities uses, primarily through the Utilities Water Conservation Division, to manage and reduce the demand for water service by Utilities customers, which is beneficial to the City, the water utility, and its ratepayers by, among other reasons, reducing demand on water supplies and helping to ensure that the demand for water does not exceed supplies; and WHEREAS, evaporation rates are at their highest during the middle of the day and in the summer months, such that irrigation of outdoor vegetation is less efficient during those periods, resulting in a larger use of water for the same benefit; and WHEREAS, limiting various types and uses of irrigation by ratepayers during those periods, as a water conservation and efficiency measure, will help Utilities manage and reduce the demand on water supplies and helping to ensure that the demand for water does not exceed supplies; 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 26-166 of the Code of the City of Fort Collins is hereby amended by the addition of a new Subsection (d) which reads in its entirety as follows: Sec. 26-166. – Waste of water prohibited. . . . (d) It is unlawful to use water obtained from the City to irrigate any outside vegetation between 10:00 a.m. and 6:00 p.m. during the months of June through September, except as provided in this subsection. This restriction shall not apply to the use of water obtained from the City: (1) to establish grass seed or sod; DRAFT – August 1, 2023– DRAFT Discussion Purposes Only 2 (2) to perform maintenance on irrigation systems, provided that a person is on-site performing maintenance; (3) for hand watering outside vegetation; (4) in drip or other subsurface irrigation systems; or (5) where the water is non-potable. Introduced, considered favorably on first reading and ordered published this ___ day of ____, 2023, and to be presented for final passage on the ____ day of ____, 2023. Mayor ATTEST: City Clerk Passed and adopted on final reading this ____ day of ____, 2023. Mayor ATTEST: City Clerk MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE:August 16,2023 TO:Mayor and City Council Members FROM:Natural Resources Advisory Board SUBJECT:Recommendations Regarding Proposed Changes to Oil and Gas Policies Dear Mayor and Councilmembers, On July 19,2023,Kristie Raymond (Environmental Planner)and Cassie Archuleta (Air Quality Program Manager)presented to the Natural Resources Advisory Board on updates regarding potential recommendations to oil and gas reverse setbacks as it pertains to new development within the city limits.During the presentation,Kristie Raymond shared a summary of proposed changes.The Natural Resources Advisory Board has reviewed these proposed changes and have made the below recommendations. Proposed changes with Board recommendations: *The Board’s recommendations are italicized. 1.Increase buffer for developments near existing oil and gas operations from 500’to 2000’ to match COGCC and Fort Collins new code setbacks a.NRAB is in support and encourages the Council to adopt. 2.Allow modification of standards for active well buffers,no less than 500’ a.NRAB does not support and encourages for the buffer zone to remain at 2000’for new development. 3.Decrease soil-gas and ground water monitoring requirements for plugged and abandoned wells from 5 years to 1 year. a.NRAB does not support and recommends an ongoing periodic monitoring of plugged and abandoned wells be implemented (e.g.every 5 years). 4.No change to buffer for developments near existing abandoned wells (not fully reclaimed)at 500’ a.NRAB is in support. 5.No change to buffer near plugged and abandoned wells (fully reclaimed)at 150’ a.NRAB is in support. 6.No change to disclosure requirements for future property owners via a property covenant a.NRAB is in support. 7.Add requirements for point-of-sale disclosure notice. a.NRAB is in support and encourages the Council to adopt. 8.Add prohibition on detached occupiable buildings from existing buildings located within the oil and gas buffer. a.NRAB does not support and recommends placing the onus of this decision on the property owner and require the disclosure to renters/point-of-sale. 9.Setbacks include all occupiable buildings rather than residential only. a.NRAB is in support and encourages the Council to adopt. The Board views the adoption of the proposed changes as an incremental step in achieving Our Climate Future goals,particularly as it pertains to the “Big Move 3:Climate Resilient Community,”“Big Move 11:Healthy Natural Spaces,”and additional environmental health goals outlined in the City ’s strategic plan. Thank you for your time and consideration on this issue and its future implications for the community. Very Respectfully, Dawson Metcalf,MS Chair,Natural Resources Advisory Board