HomeMy WebLinkAbout08/15/2024 - Water Commission - AGENDA - Regular Meeting
WATER COMMISSION
REGULAR MEETING AGENDA
August 15, 2024 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
08/15/2024 Agenda Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development criteria. Read more
at https://www.fcgov.com/cityclerk/boards/water.
This hybrid Water Commission meeting is available online via Zoom, phone, or in person in
the Colorado River Community Room of 222 LaPorte Ave. You may join the meeting beginning
at 5 p.m. Participants should join at least 15 minutes prior to 5:30 p.m. start time.
ONLINE PUBLIC PARTICIPATION:
You will need an internet connection on a laptop, computer, or smartphone, and may join the
meeting through Zoom at https://fcgov.zoom.us/j/98568801045 Webinar ID: 985 6880 1045
(Using earphones with microphone will improve the audio). Keep yourself on muted status.
For public comments, the Chairperson will ask participants to click the “Raise Hand” button to
indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all
participants have an opportunity to comment.
PUBLIC PARTICIPATION BY PHONE:
Please dial +1 346 248 7799 and enter Webinar ID 985 6880 1045. Keep yourself on muted
status. For public comments, when the Chair asks participants to click the “Raise Hand” button
if they wish to speak, phone participants will need to press *9 to do this. Staff will be
moderating the Zoom session to ensure all participants have an opportunity to address the
Water Commission. When you are called, press *6 to unmute yourself.
PUBLIC PARTICIPATION IN PERSON:
To participate in person, individuals should come to the Colorado River Community Room of
222 LaPorte Ave. There may be needs to limit the number of individuals in the meeting room,
and thus staging for individuals to speak may need to occur in the lobby or outside (weather
permitting).
Individuals who wish to speak will line up along the northern wall. The chairperson will call
upon each participant to speak.
(Continued on next page)
WATER COMMISSION
REGULAR MEETING AGENDA
August 15, 2024, 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
08/15/2024 Agenda Page 2
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA REVIEW
4. COMMUNITY PARTICIPATION (3 minutes per individual)
5. APPROVAL OF MINUTES: July 18, 2024
6. UNFINISHED BUSINESS
None
7. NEW BUSINESS
a. Staff Reports
i. Financial Monthly Report (meeting packet only; no presentation)
ii. Cybersecurity UT Water Memo to Council (meeting packet only; staff
available for questions)
b. Regular Items
i. Agreements Regarding the Michigan Ditch Forest Health and Pre-Fire
Mitigation Project
(Discussion and Action: 20 minutes)
Richard Thorp, Lead Specialist, Sciences
Documents to Share: Any document or presentation a member of the public wishes to
provide to the Water Commission for its consideration must be emailed to jsong@fcgov.com
at least 24 hours before the meeting.
Provide Comments via Email: Individuals who are uncomfortable or unable to access the
Zoom platform or participate by phone are encouraged to participate by emailing comments
to the above email address at least 24 hours prior to the meeting.
If your comments are specific to any of the discussion items on the agenda, please indicate
that in the subject line of your email. Staff will ensure your comments are provided to the
Water Commission.
WATER COMMISSION
REGULAR MEETING AGENDA
August 15, 2024, 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
08/15/2024 Agenda Page 3
The Michigan Ditch is critical water supply infrastructure owned by the City
and located near Cameron Pass within Colorado State Forest State Park.
Watershed Program staff seek a recommendation from the Water
Commission that City Council approve the Watershed Program entering into
the attached Intergovernmental Agreement Regarding Forest Health and Pre-
Fire Mitigation Services through the Colorado State Forest Service and the
Colorado State Forest Service Financial Assistance Program for Michigan
Ditch Pre-Fire Mitigation.
ii. Code Amendments – Soil and Xeriscape
(Discussion and Action: 35 minutes)
Katie Collins, Water Conservation Specialist
Environmental Regulatory Affairs and Water Conservation seek a
recommendation from the Water Commission that City Council approve the
attached amendments to Land Use Code and Municipal Code. Proposed
amendments support water-wise, resilient landscape practices and address
two 2021-2023 Council Priorities: #14 Effective soil amendment policies and
compliance (water usage), #19 Xeriscape – Increase rebates and education,
less green lawns with new development. Kathryne Marko, Environmental
Regulatory Affairs Manager, co-leads this project.
8. COMMISSIONER REPORTS
(Committees, Event attendance, etc.)
9. OTHER BUSINESS
(Commissioner concerns, Announcements)
10. ADJOURNMENT
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
July 18, 2024, 5:30-7:30 p.m.
Hybrid in person at 222 Laporte Ave and online via Zoom
07/18/2024 – DRAFT Unapproved MINUTES Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development criteria. Read
more at https://www.fcgov.com/cityclerk/boards/water.
1. CALL TO ORDER
5:30 p.m.
2. ROLL CALL
Commissioners Present In Person: Jordan Radin (Chairperson), Tyler Eldridge (Vice
Chairperson), James Bishop, Paul Herman, Rick Kahn, Nick Martin, Nicole Ng, Greg
Steed
Commissioners Present via Zoom: None
Commissioners Absent - Excused: John Primsky
Staff Members Present In Person: Jeremy Woolf, John Song, Michael Neale, Erik
Monahan, Gregg Stonecipher, Kathryne Marko, Cindy Farnes
Staff Members Present via Zoom: Jen Dial
Members of the Public: None
3. AGENDA REVIEW
Chairperson Jordan Radin briefly summarized items on the agenda
4. COMMUNITY PARTICIPATION
None
5. APPROVAL OF MINUTES
Chairperson Radin asked for comments and revisions on the draft minutes.
Commissioner Bishop moved to approve the May 16 minutes.
Commissioner Ng seconded the motion.
Vote on the motion: it passed unanimously, 8-0
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
07/18/2024 – DRAFT Unapproved MINUTES Page 2
6. NEW BUSINESS
a. Staff Reports
i. Financial Monthly Report
(meeting packet only)
Discussion Highlights
A Commissioner inquired about the discrepancy in the Stormwater budget.
Senior Director of Integrated Operations Jeremy Woolf responded that the
discrepancy is primarily due to the fact that the bond interest is substantially
higher—almost triple the amount—as well as revenue projecting higher than
anticipated from both single family and non-single family units for stormwater
due to rate increases.
ii. Water Resources Quarterly Report
(No presentation, Staff available for questions)
iii. Consumer Confidence Report
(No presentation, Staff available for questions)
iv. Discuss Revision or Streamlining of the Drinking Water Quality Annual
Report to Improve Value
Erik Monahan, Senior Supervisor, Sciences
This report is designed to fulfill the requirements designated by the City of
Fort Collins Water Quality Policy Resolution 93-144. This discussion is
intended to provide a more streamlined version of the report that utilizes pre-
existing data with less burden on staff. The report only includes relevant data
and less narrative on asset management and awards/certifications.
Discussion Highlights
Commissioners commented on or inquired about various related topics
including post-fire effects, infrastructure replacement, cathodic protection,
data reliability, and asset management. A Commissioner inquired about the
actions taken in response to turbidity in the Poudre River. Mr. Monahan
responded that the City won’t treat raw water that trends toward 100
nephelometric turbidity units (NTU) by remotely closing the gate at the intake.
Gregg Stonecipher, Director of Plant Operations, added that there are pre-
sediment basins upstream to remove large debris before treatment prior to
entering the pipeline and reaching the plant to try to trend towards at least 50
NTU for treatment. Another Commissioner inquired about the difference in
scaling on the vertical axes of the graphs comparing 2020 to 2021, where the
2021 graph shows the effects of the Cameron Peak wildfire. Mr. Monahan
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
07/18/2024 – DRAFT Unapproved MINUTES Page 3
clarified that the turbidity level was simply that high, from 50 NTU pre-fire to
reaching over 1,000 NTU post-fire. Mr. Stonecipher added that the High Park
Fire of the past took six years before the turbidity level returned to normal.
Commissioners commented that the new design of the report is informative
and succinct.
v. One Water Overview and Update
Jeremy Woolf, Senior Director of Integrated Operations
Staff will update the Commission on the progress of the utility transition to
One Water, the work currently in progress, and the related budget requests in
the Budgeting For Outcomes (BFO) cycle.
Discussion Highlights
Commissioners commented on or inquired about various related topics
including an agreeable definition of One Water, project deliverables, regional
collaborations, economic benefits, workforce silos, and regulatory
frameworks. A Commissioner inquired about the reception by operators
regarding the One Water Operator efforts, to which Jeremy Woolf and Gregg
Stonecipher responded that there are mixed responses—those who will
receive compensation leveling welcome the idea, but there is definitely an
expectation of a period of transition and change management. Ultimately,
however, it allows for a wider spectrum of opportunities, allowing for more
fluid transitions between teams without having to start over at the bottom of
skill ladders, clearer paths to job opportunities, as well as ideally higher levels
of retention. A Commissioner inquired about next steps, to which Mr. Woolf
responded would be to move the plan through the budget cycle, which will
likely see its conclusion in November 2024. Commissioners discussed
whether it would make a difference to write a letter or perform a motion to
Council in support of the One Water effort.
7. COMMISSIONER REPORTS
a. None
8. OTHER BUSINESS
a. Soldier Canyon Filter Plant Outage
b. Cybersecurity Breach
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
07/18/2024 – DRAFT Unapproved MINUTES Page 4
9. ADJOURNMENT
7:25 p.m.
These minutes will be approved by the Water Commission on August 16, 2024.
Water
Wastewater
Stormwater
$16,895,000
$18,209,411
Budget
Actual
Operating Revenues
$15,669,642
$15,079,310
Budget
Actual
Operating Expenses
$14,143,000
$14,653,399
Budget
Actual
Operating Revenues
$9,957,256
$9,240,774
Budget
Actual
Operating Expenses
$11,058,496
$13,432,872
Budget
Actual
Operating Revenues
$5,753,357
$5,352,478
Budget
Actual
Operating Expenses
Water Fund Revenue
in thousands Percent of Year 58.3%
July Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Residential Water Sales $ 2,290 * $ 107 $ 9,617 $ 10,089 $ 472
(A)$ 1,273 55%61%
Com/Indl Water Sales 1,368 * 202 4,790 5,165 375 (B)582 52%55%
Excess Water Use Surcharge 19 * 14 17 53 36 14 8%6%
District Water Sales 337 * 128 972 1,289 317 227 63%52%
Other Water Sales 3 * (8)586 622 36 285 75%115%
PILOTs 240 30 913 992 79 115 55%58%
Operating Revenue 4,256 472 16,895 18,209 1,314 2,495 54%58%
Interest Revenue 282 190 644 1,422 777 (C)371 129%72%
Development Fees/PIFs/Contributions 33 (101)942 2,228 1,286
(D)1,817 138%170%
Financing Sources 00 0 6 6 6 4%
Other Misc.15 (7)136 288 152 (E)153 96%86%
Total Lapsing Revenue**4,586 553 18,618 22,154 3,536 4,842 61%63%
Non-lapsing Revenue 50 51 51
TOTAL**$ 4,637 $ 22,204 $ 4,893
Variance Analysis:
(A)
(B)
(C)
(D)
(E)
(F)
*
**
Per Treasury: higher than budgeted income due to being able to take advantage of the higher bond yields the market has been producing.
Residential Water Sales are 4.9% over budget and 14.4% more than YTD 2023.
Note: Water rate increase of 4.0% for 2024, as budgeted.
Commercial/Industrial Water sales are 7.8% over budget and 12.7% more than YTD 2023.
July billed revenue is for June and early July.
Excludes transfers and unrealized gain/loss on value.
Plant Investment Fees $236 (recognized $449 from unearned revenue related to 2019 FCLWD loan prepayment), Water Rights ($90).
Contribution in Aid of Construction $474 (FCLWD and NWCWD payment for 2014 Pleasant Valley Pipeline Munroe Turnout Screen and Sedimentation Basin), Plant Investment Fees $423
(Accounting recognized $496 from unearned revenue related to 2019 FCLWD loan prepayment in January - was previously recognized in December and thus budgeted in December), and
Water Rights $391 (large senior living complex in February).
Repair Charges $175 (received settlement for AB Transmission Main that was struck).
3
Water Fund 2024 Department Expense
In thousands `Percent of Year 58.3%
July Year to Date
Actual
(Over)/
Under YTD Bdgt Actual
(Over)/
Under (Inc)/Dec
Actual +
PO's
Spent &
Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Water Treatment $ 757 $ (164)$ 3,707 $ 3,645 $ 62 $ (334) $ 4,034 62%
Water Resources 131 (46)2,077 1,902 176 53 $ 1,967 55%
Water Quality Lab 108 2 720 739 (18)(A)(133)$ 838 65%
Subtotal WR&T $ 996 $ (208)$ 6,505 $ 6,285 $ 219 $ (414) $ 6,839 60%
Transmission & Distribution 293 70 1,998 2,100 (101)(B)(63) $ 2,124 55%
Water Meters O&M 114 2 779 528 251 (C)(4)$ 900 67%
Engineering 31 63 453 229 224 (D)140 $ 279 30%
Subtotal WEFS 438 134 3,231 2,857 374 73 $ 3,303 54%
Water Conservation 83 39 706 535 172 (E)83 $ 648 49%
PILOTs 235 (26)912 987 (75)(110)$ 987 55%
Admin Services - CS&A 439 0 3,074 3,074 0 (123) $ 3,074 58%
Other Payments & Transfers 243 (86)1,241 1,341 (100)(F)(42) $ 1,416 55%
Subtotal Operating Expenses $ 2,433 $ (146)$ 15,670 $ 15,079 0 $ 590 $ (532) $ 16,268 57%
Debt Service 0 0 0 0 0 0 $ 0
Minor Capital 274 (211)683 523 159 (G)29 $ 1,117 60%
Total Lapsing $ 2,708 $ (357)$ 16,352 $ 15,603 $ 749 $ (504) $ 17,385 57%
Non-lapsing Expenses 3,144 7,058 (3,889)
TOTAL $ 5,851 $ 22,661 $ (4,393)
Variance Analysis:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
Personnel ($62) (position budgeted 100% at PCL but should have been 50/50 PCL/WQL was also regraded and no vacancies: $22 AVF and missing labor distribution corrected and payroll move requested; over
budget by YE) offset by Federal Gov't Services $27 (USGS invoice delay, flat once paid).
Consulting Services $244 (dedicated to BFO offer 4.40 for Meter Crawlspace Conversions; contractor for meter box installations awarded in early May and delays in getting mailing addresses, flat by year-end if
we get enough customers to give us permission to dig; 30 meter boxes installed so far and 10 paid for) offset by Personnel ($8) (Salaries - Hourly $13: hired a part-time Meter Reader due to AMI module
shortage, and Assumed Vacancy Factor $21: no vacancies).
Street & Bridge Maint. ($85) and Traffic Control ($17) (tracking on par with average annual number of water main breaks - overages due to increased costs for asphalt patching (up 30%) and concrete repairs
from Streets (Streets labor up 8-10%, equipment costs up, etc.); expecting to be over budget by 25-30% by YE, planning to offset in Solid Waste, Other Prof. & Tech, and Personnel), Vehicle Repairs ($27) (two
unexpected vehicle repairs early in the year, will be over budget by YE in this reactionary item), Sand & Gravel ($16) (for main break repairs and other excavations, verifying things correctly booked, will be over
by YE), and Clothing Supplies ($15) (clothing allowance doubled this year due to inflation and comparing clothing spend in other water operations, will be over budget ~$10 by YE), offset by Solid Waste Services
$21 (hauling soil to county sites instead of landfill, under ~$30 by YE), Water Pipes & Accessories $15 (expecting to be ~$30 under by YE), Tools & Related Supplies $16 (have some control over spend here, so
trying to underspend, expecting to be ~$10 under by YE), Motor Fuel, Oil, and Grease $16 (conservatively budgeted per Ops Services, historically underspent, ~$40 by YE), and Other Professional & Technical
$14 (reactionary item with no immediate needs, under by ~$20 by YE).
Admin Services to General Fund ($86) (two JEs entered, flat by YE) and Legal Services ($13) (related to Open International lawsuit, over budget by YE).
Consulting $78 (CIS project paying for MyWater/Watersmart, expecting to be $100-$150 underspent by YE), High Efficiency Rebate $47, Urinal & Toilet Rebates $23 (expecting a $23 project; spending depends
on projects and is highly variable, historically underspent; at or under by YE), Personnel $11 (Primarily in hourly labor offset by Regular labor and $18 AVF, expecting to be $60 under un Hourlies by YE),
Conservation Incentives $10 (Natural Areas paying for Garden in a Box intend to use this for XIP minor amendments; flat by YE), and City & Community Programs $10 (for Lar Co Conservation Corp and
Resource Central, expecting to be $30-50 over budget by YE and offsetting in Consulting).
Personnel $103 (vacancies and more time being charged to capital projects than budgeted for via allocations out), Consulting $76 ($33 dedicated to BFO offer 4.5 Large Valve Maintenance, which is on hold until
Purchasing Policies around emergency repairs are figured out; not expecting to spend much by YE), and Software Maint. & Support $15 (probably only spending half of this budget by YE).
Water Treatment: Consulting $115 (Asset Risk & Resiliency Assessment may spend down, depending on timing, might be flat by YE), Water Filter Material $102 (media replacements are being performed as par
of capital projects this year, under budget by YE and 25-26 BFO offer reduced), offset by Building Improvements ($90) (new roofs on 2 smaller buildings, flat by YE), Building Maintenance Services ($50) (for
annual inspections and repairs to existing roofs, flat by YE), and Vehicles & Equipment ($23) (equipment available earlier than expected, under $50+ by YE). Transmission & Distribution: Mechanical & Heavy
Equipment $97 (clean energy grant match that lapsed and was appropriated from reserves) and Motor Vehicles $14; flat to budget by YE.
4
Wastewater Fund Revenue
in thousands Percent of Year 58.3%
July Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Residential WW Sales $ 1,429 * $ 16 $ 9,850 $ 9,960 $ 110
(A)$ 347 59%60%
Com/Indl WW Sales 605 * 63 3,143 3,386 243 (B)141 58%58%
District WW Sales 38 * 3 245 261 16 11 62%61%
Other WW Sales 47 * 24 107 230 123 (C)35 110%58%
PILOTs 124 4 798 816 18 29 59%59%
Operating Revenue 2,243 110 14,143 14,653 510 564 59%59%
Interest Revenue 170 121 339 845 506 (D)256 145%73%
Development Fees/PIFs/Contributions 33 (45)545 484 (62)(E)(79) 52%74%
Financing Sources 00 0 0 0 0
Other Misc.4 (18)72 105 33 19 87%69%
Total Lapsing Revenue**2,449 168 15,100 16,087 987 760 61%60%
Non-lapsing Revenue 0 0 0
TOTAL**$ 2,449 $ 16,087 $ 760
Variance Analysis:
(A)
(B)
(C)Septage Treatment Charge $121.
(D)
(E)Plant Investment Fees ($54).
*
**
Residential sales were 1.1% over budget and 3.6% more than YTD 2023.
Commercial/Industrial sales were 7.7% over budget and 4.3% more than YTD 2023.
Excludes transfers and unrealized gain/loss on value.
Per Treasury we should have higher than budgeted income due to being able to take advantage of the higher bond yields the market has been producing.
July billed revenue is for June and early July.
Note: Wastewater rate increase of 4.0% for 2024, as budgeted.
5
Wastewater Fund 2024 Department Expense
In thousands Percent of Year 58.3%
Excludes depreciation and transfers
Year to Date
Actual
(Over)/
Under YTD Bdgt Actual
(Over)/
Under YTD (Inc)/Dec
Actual +
PO's
% Bud Spent &
Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Water Reclamation & Biosolids $ 491 $ 186 $ 4,010 $ 3,609 $ 401
(A)$ (129) $ 4,076 57%
Pollution Control Lab 109 2 788 636 151 (B)66 730 53%
Subtotal WR&T 600 188 4,797 4,245 552 (64)4,806 57%
Trunk & Collection 140 21 1,153 1,037 116 (47)1,037 50%
Engineering 43 12 372 235 136 33 305 46%
Subtotal WEFS 183 33 1,525 1,272 253 (14)1,342 49%
PILOTs 127 (7)797 818 (21)(31)818 59%
Admin Services - CS&A 257 (0)1,800 1,800 (0)(70)1,800 58%
Other Payments & Transfers 190 (61)1,038 1,106 (68)(56)1,144 51%
Subtotal Operating Expenses $ 1,356 $ 154 $ 9,957 $ 9,241 $ 716 $ (235) $ 9,909 55%
Debt Service 0 0 189 189 0 $ 36 189 8%
Minor Capital 32 45 848 151 696 (C)$ 59 625 65%
Total Lapsing $ 1,388 $ 198 $ 10,994 $ 9,581 $ 1,413 $ (140) $ 10,723 33%
Non-lapsing Expenses 835 3,506 (2,343)
TOTAL $ 2,223 $ 13,086 $ (2,483)
Variance Analysis:
(A)
(B)
(C)
Personnel $120 (Vacancies), Other Prof & Tech Services $69 (Change in requirements are delaying open PO), Chemical Supplies $69 (Other Chemical Supplies $90, Polymer $57, Sodium
Hypochlorite ($4), Magnesium Chloride ($28), Magnesium Hydroxide ($46).), Consulting Services $47 (POs are open for consulting will reduce underspend), Machinery & Equipment Parts $18, Legal
Services $17 (Ongoing appeal for water rights case. Have not seen invoices yet.), Federal Government Services $16, Conference and Travel $14, Land Maintenance Services $12, Plumbing &
Irrigation Supplies $11, Software Maint & Support Serv $11, Other Land & Bldg Supplies $10, Communication Supplies $10. Offset by Motor Fuel, Oil & Grease ($10), Laboratory Supplies ($17)
(Needed supplies ordered earlier than originally anticipated), Electricity ($20) (Warmer weather than anticipated, construction projects underway and rate increases.), Electrical Parts ($21) (Supplies
needed earlier than anticipated coupled with increasing equipment costs).
Personnel $93 (Fully Staffed. Position budgeted 100% at PCL but split 50/50 between PCL & WQL. Labor distribution error that benefited PCL. Will be corrected in August), Consulting Services $29
(POs for different monitoring programs that have not been invoiced).
Trunk & Collection: Mechanical & Heavy Equipment $524 (Working with fleet for purchase vehicles and equipment. Not expecting any commitments until June at the earliest), Water Reclamation &
Biosolids: Motor Vehicles and Accessories $150 (Assessing needs currently), Other Equipment $20, Pollution Control Lab: $10 Other Equipment (Used for unexpected repairs. Needs have not
exceeded the budget)
6
Stormwater Fund Revenue
in thousands Percent of Year 58.3%
July Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Single Family Residential SW Services $ 738 * $ 22 $ 4,978 $ 5,142 $ 163
(A)$ 192 60%60%
Non-single Family SW Services 895 * 24 6,080 6,264 184 (B)238 60%60%
Operating Revenue 1,633 46 11,058 11,406 347 429 60%60%
Interest Revenue 279 248 218 1,388 1,170
(C)958 371%113%
Development Fees/PIFs/Contributions 99 24 525 586 61 (D)(34) 65%59%
Financing Sources 00 0 0 0 0
Other Misc.42 95344(E)31 350%57%
Total Lapsing Revenue**2,015 320 11,811 13,433 1,622 1,385 66%63%
Non-lapsing Revenue 0 0 0
TOTAL**$ 2,015 $ 13,433 $ 1,385
Variance Analysis:
Note: Stormwater rate increase of 3.0% for 2024, as budgeted.
(A)
(B)
(C)
(D)
(E)
*
**
Per Treasury - we should have higher than budgeted income due to higher bond yields.
Non-Single Family fees are 3.9% greater than 2023.
Single Family Residential fees are 3.9% greater than 2023.
Excludes transfers and unrealized gain/loss on value.
July billed revenue is for June and early July.
Stormwater Development Fees are over budget $79.
Auction Sales revenue $10 and Canal Maintenance revenue $26
7
Stormwater Fund 2024 Department Expense
In thousands Percent of Year 58.3%
Excludes depreciation and transfers
Year to Date
Actual
(Over)/
Under Budget Actual (Over)/ Under (Inc)/Dec Actual + PO's
% Bud Spent &
Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Drainage and Detention $ 262 $ 15 $ 1,499 $ 1,358 $ 140
(A)$ (161) $ 1,494 55%
Engineering 159 17 1,166 949 217
(B)(49) 1,036 53%
Stormwater Quality Programs 34 8 324 234 90 (7) 372 53%
Admin Services - CS&A 307 0 2,147 2,147 0 (76) 2,147 58%
Other Payments & Transfers 122 (40) 618 665 (46)
(C)(21) 702 39%
Subtotal Operating Expenses $ 884 $ (0) $ 5,753 $ 5,352 $ 401 $ (314) $ 5,751 53%
Debt Service 0 0 1,085 1,085 (0) (1,085) 1,085 35%
Minor Capital 0 0 924 273 650
(D)(43) 1,097 67%
Total Lapsing $ 884 $ (0) $ 7,762 $ 6,711 $ 1,051 $ (1,441) $ 7,933 51%
Non-lapsing Expenses 552 2,245 500
TOTAL $ 1,436 $ 8,956 $ (942)
Variance Analysis:
(A)
(B)
(C)
(D)
Personnel $99 (a vacancy is being releveled to be filled later in 2024) and Street & Bridge Maintenance $72 (expect underspend, which will impact planned work decisions), offset by
Maintenance Contracts (($38) reactionary, expect to be over ($50) at YE) and Sewer Pipe & Accessories (($28) needed replacement of gear actuator for flood control gate and other
reactionary items).
Personnel $87 (vacancies earlier in the year) and Consulting $124 (used as needed), offset by Easements (($43) services provided by City Real Estate Services).
Heavy Equipment - expect delivery Q3 2024.
Transfers to General Fund duplicated in July ($39) and Legal Services ($7).
Utilities Department
700 Wood St
PO Box 580, Fort Collins, CO 80522
970-397-6761
jwoolf@fcgov.com
CC: Water Commission Page 1 of 4
MEMORANDUM
Date: 07/01/2024
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Jill Oropeza, Interim One Water Director
From: Jeremy Woolf, Senior Director, Integrated Water Operations
Joe King, Senior Manager, Information Technology
Subject: Cybersecurity Protection for Water Utility System
BOTTOM LINE
This memo is in reply to Councilmember Canonico’s request for information on cybersecurity
protection for the Fort Collins Utilities water system, and provides a general summary of the City
of Fort Collins physical and network security measures and precautions
BACKGROUND
Recent media reports and federal government advisories indicate that cyber attacks on water
utilities are increasing. Although these attacks have primarily focused on smaller and less
sophisticated utilities than that of Fort Collins, the potential for water service interference cannot
be overlooked.
The U.S. Environmental Protection Agency (EPA) requires water utilities to perform a risk and
resilience assessment with results incorporated into an emergency response plan (ERP). The
assessment and ERP are intended to address any potential threat to water service, including
cyberattack. Fort Collins is in compliance with this requirement. Our ERP is also in the process
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of being updated, as required on a five-year interval. Other than the requirement for an ERP,
there are currently no federal or state mandated requirements for the protection of water utility
systems from cyber security threats. The City of Fort Collins uses standards developed by the
National Institute of Standards and Technology to guide our protocols.
During security incidents, IT Information Security follows an Incident Response Plan, which
includes partnering with State and Federal agencies and Law Enforcement as required, and
beneficial.
Water operations equipment is controlled using several methods that have potential risk of
access by threat actors. Access to operational control systems by threat actors can only occur
through physical access (onsite) or network access. Onsite physical access is protected from
threat actors through physical security means such as facility enclosure (fences and gates),
cameras, and security protocol training of facility personnel. Physical security equipment is
maintained and monitored by the operational and maintenance teams of each facility. Facility
access is controlled and maintained by the City department of Emergency Management
Emergency Preparation and Security.
Network and security elements contain redundant components to ensure system availability.
The primary means of protecting the operational environment from threat actors is by restricting
network access. The operational environment is isolated and protected from the enterprise
(business) network by a firewall that is maintained by the City’s Information Technology (IT)
department and restricts communications to only a single path, by design, to allow for
instantaneous isolation of the operational environment, if needed. The operational environment
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is commonly referred to as the Water Supervisory Control and Data Acquisition (SCADA)
system. The SCADA system provides water operators with the ability to monitor and control the
entire water system. Access to on-site SCADA terminals is protected and limited to a set of
authorized users using industry standard access controls. SCADA access controls are unique
from the business network.
Access control is role based on operational needs and is protected by a Privileged Access
Management (PAM) system. Individuals with access to the PAM also require distinct
authentication controls from those of both the enterprise network and the SCADA system.
Access to the PAM requires a user to be connected to the enterprise network. Enterprise
network login requires the user to be connected to the City’s enterprise network. There is no
direct ingress or egress access to or from untrusted zones (including the Internet).
Authentication mechanisms for SCADA are controlled by the water operational technology
team. The technology team reviews access on a frequent basis, to revoke, modify, and add user
access as needed (separation, hiring, etc.).
The City partners with a third-party Managed Detection and Response (MDR) and Managed
Risk partner, which provides active, and continuous monitoring using Artificial Intelligence,
Machine Learning, and Human Driven threat detection, as well as response to cyber threats.
These services leverage advanced security technologies and expert analysis to identify and
mitigate risks before they can lead to significant security incidents, enhancing the organization's
overall cybersecurity posture and resilience against cyber attacks.
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The CyberSecurity and Infrastructure Security Agency (CISA), issues advisories of cyber
security breaches of utilities. Recent advisories include notifications of the infiltration of
Barracuda Email Security Gateway (ESG), and Unitronics programmable logic controllers
(PLCs) by threat actors. The IT and operational technology (OT) departments receive these
advisories and immediately evaluate and react to the presence any of the compromised
systems or software in the Fort Collins Operational environment. To date, no compromised
systems or software have been identified.
NEXT STEPS
City of Fort Collins IT and water operational technology departments will continue to monitor
CISA alerts, assess potential vulnerabilities, update and maintain existing security structures.
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August 15, 2024
Water Commission Regular Meeting
Michigan Ditch Forest Health and
Pre-Fire Mitigation Project
Richard Thorp, Watershed Program Manager
Water Quality Services Division
City of Fort Collins Utilities
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Seeking Recommendations
Seeking Water Commission recommendation that City Council formally approve
of Utilities’ Watershed Program entering into:
1)The Intergovernmental Agreement Regarding Forest Health and Pre-Fire
Mitigation Services through the Colorado State Forest Service; and
2)The Colorado State Forest Service Financial Assistance Program for
Michigan Ditch Pre-Fire Mitigation
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Monitor and protect the
City’s source water supplies
and the health of the Cache
la Poudre Watershed
Our Mission
Upper Poudre River
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Fort Collins’ Source Watersheds
Cache la Poudre River
Horsetooth Reservoir
Michigan
Ditch
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Michigan Ditch
•Critical water supply infrastructure
o $428 million valuation (2023)
o 11% of FC water supply
o ~5,500 acre-feet/year
•Wildfire threats
o Direct infrastructure impacts
o Erosion and sedimentation
o Water supply and quality
o Landslides
Michigan Ditch Joe Wright Reservoir
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Forest Health and Pre-Fire Mitigation Project
Goal: reduce risk of future large-scale
wildfires to Michigan Ditch & water
supply
Collaborative Partners:
Colorado State Forest Service
Colorado Parks & Wildlife
Colorado State Land Board
Project Planning (2022-2023):
•Data collection and analyses
•Prioritizing forest treatments
•Multi-phase approach Michigan Ditch Cabins
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Project Implementation
Phase-1 (2024-2025):
•Forest thinning of ~150 acres
•Three treatment units
•Tethered and helicopter logging
•CO State Forest Service
Hiring contractors
Providing project oversight
Aligns with Wildfire Ready Action Plan
(WRAP)
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Strategic Alignment and Budget
STRATEGIC ALIGNMENT
•City Plan’s Environmental Health
Outcome
•Council Priority: Protect community
water systems in an integrated way
to ensure resilient water resources
and healthy watersheds
BUDGET ~ $1.5 million
•Colorado State Forest Service
(Grant) - $508K
•Congressional Directed Spending
(through CSFS) - $500K
•Utilities’ Watershed Protection
Funding - $500K
Grant Agreement
Colorado State Forest Service (CSFS) Financial Assistance Program Agreement
Budget:
$508K grant
$500K congressionally directed spending
$500K in FC grant match
Scope of work:
~150 acres treated in 2024 and 2025
forest treatments using tethered and helicopter logging
Roles and responsibilities:
City is grant recipient, responsible for reporting
CSFS managing funding, providing project management/oversight
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Services Agreement
Agreement Regarding Forest Health and Pre-Fire Mitigation Services through
the Colorado State Forest Service
Budget:
$500K in FC grant match
Roles and responsibilities:
City managing funding, reimbursing project work
CSFS providing project management/oversight
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Suggested Motion
‘I move that the Water Commission recommend that City Council formally
approve of Utilities’ Watershed Program entering into the Intergovernmental
Agreement Regarding Forest Health and Pre-Fire Mitigation Services through
the Colorado State Forest Service and the Colorado State Forest Service
Financial Assistance Program for Michigan Ditch Pre-Fire Mitigation’
Thank you!
Upper Michigan River Watershed
Richard Thorp
Watershed Program Manager
970-416-4327
rthorp@fcgov.com
fcgov.com/source-water-monitoring
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INTERGOVERNMENTAL AGREEMENT REGARDING
FOREST HEALTH AND PRE-FIRE MITIGATION SERVICES
THROUGH THE COLORADO STATE FOREST SERVICE
THIS INTERGOVERNMENTAL AGREEMENT FOR FOREST HEALTH AND PRE-
FIRE MITIGATION SERVICES (“Agreement”), is made and entered into on the day and year
that it is fully executed by all Parties (“Effective Date”), by and between the City of Fort Collins,
Colorado, a home rule municipality of the State of Colorado (“City”) and The Board of
Governors of The Colorado State University System, acting by and through Colorado State
University, an institution of higher education of the State of Colorado, for the use and benefit of
the Colorado State Forest Service (“Forest Service”), (collectively, the “Parties”).
WHEREAS, the City owns and operates, through Fort Collins Utilities, the Michigan
Ditch and associated infrastructure for the purpose of providing raw water for water supply,
including for drinking water treatment; and
WHEREAS, between August and December, 2020, the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch; and
WHEREAS, the City has identified a need to develop and execute forest health treatment
activities in priority areas at risk of future large scale catastrophic wildfires with regards to pre-
fire mitigation thinning, fuel breaks and forest restoration; and
WHEREAS, the Colorado State Forest Service (CSFS) is willing to develop and provide
access to environmental information and expertise to provide relevant data analysis and to
complete certain forest fuels reduction work to mitigate the risk of future large scale wildfires;
and
WHEREAS, the Parties desire to enter into an intergovernmental agreement setting forth
the terms for development and access to CSFS resources regarding data analysis, forest fuels
treatment and hazards mitigation; and
WHEREAS, the Parties have authority pursuant to Article XIV, Section 18 of the
Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into
intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
1. Independent Contractors. It is understood and agreed by the parties that the CSFS is an
independent contractor with respect to the City and that this Agreement is not intended and
shall not be construed to create an employer/employee or a joint venture relationship between
the CSFS and the City. The CSFS shall be free from the direction and control of the City in
the performance of the CSFS’s obligations under this Agreement, except that the City may
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indicate specifications, standards requirements and deliverables for satisfaction of the
CSFS’s obligations under this Agreement.
2. Term. This Agreement shall be effective on the date of final signature (the “Effective Date”)
and shall terminate five years thereafter, unless sooner terminated as provided herein or
extended by written agreement of the Parties.
3. Scope of Work. The CSFS agrees to perform the services (the “Services”) generally
described in the Scope of Work attached hereto and made a part hereof as Exhibit A, and as
may be more specifically set forth in project work orders issued pursuant to this Agreement,
under the direction and supervision of the Principal Investigator identified in Exhibit A.
4. Compensation.
4.1. As described in Appendix A, the Michigan Ditch Pre-Fire Mitigation Phase 1 work will
be completed using funding from: a Colorado State Forest Service Forest Restoration
and Wildfire Risk Mitigation Grant ($508,000); Congressional Directed Spending
Contribution ($500,000); and funding from the City ($500,000). The CSFS will use City
funding under this Agreement for Phase I.
4.2. As compensation for the Services rendered under this Agreement, City agrees to pay the
CSFS in accordance with the payment terms generally set forth in the Scope of Work
and as clarified or modified by project work orders issued pursuant to this Agreement.
4.3. In no event shall the total amount paid by the City through such project work orders
exceed the sum of five-hundred thousand dollars ($500,000.00).
5. Ownership of Information. At all times during and following the term of this Agreement,
including any extensions or renewals hereof, all records, information and data provided to the
CSFS by the City or developed during the performance of the Services under this Agreement
by the CSFS and/or the City (“Project Records”) shall be and remain the sole property of the
City. The CSFS retains the right to use the Project Records for academic and research
purposes; subject to prior written notice to and approval from the City before publication,
which the City shall not unreasonably withhold. Except as provided in paragraph 7 of this
Agreement, the CSFS shall provide any Project Records or return to the City upon request
after termination of this Agreement.
6. Reporting Requirements.
6.1. The CSFS agrees that it will make all Project Records as defined in the Scope of Work
or project work orders available to City at any reasonable time, subject to the reporting
requirements set forth in the Scope of Work.
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6.2. City shall have the right to audit the records of the CSFS, to the extent such records are
related to the Services performed under this Agreement, during normal business hours
and upon reasonable notice to CSFS. Such audit may include the financial records of
CSFS relating to the Services. CSFS shall reasonably cooperate with City in satisfying
any requirement or order issued by any governmental agency or court, including but not
limited to the inspection of CSFS records or facility.
7. Confidentiality.
7.1. Each Party has certain documents, data, information, and methodologies that are
confidential and proprietary to that Party (“Confidential Information”). During the term
of this Agreement, either Party may, as the “Disclosing Party,” disclose its Confidential
Information to the other Party (the “Recipient”), in writing, visually, or orally. Recipient
shall receive and use the Confidential Information for the sole purpose of the
performance of this Agreement, and for no other purpose (except as may be specifically
authorized by the Disclosing Party, in writing). Recipient agrees not to make use of the
Confidential Information except for such Services and agrees not to disclose the
Confidential Information to any third party or parties without the prior written consent of
the Discloser, subject to paragraph 7.4.
7.2. Recipient shall use its reasonable best efforts to preserve the confidentiality of the
Confidential Information (using the same or similar protections as it would as if the
Confidential Information were Recipient’s own, and in any event, not less than
reasonable care). Recipient shall obligate its affiliates with access to any portion of the
Confidential Information to protect the proprietary nature of the Confidential
Information.
7.3. “Confidential Information” shall not include, and Recipient shall have no obligation to
refrain from disclosing or using, information which: (i) is generally available to the
public at the time of this Agreement; (ii) becomes part of the public domain or publicly
known or available by publication or otherwise, not through any unauthorized act or
omission of Recipient; (iii) is lawfully disclosed to the Recipient by third parties without
breaching any obligation of non-use or confidentiality; (iv) has been independently
developed by persons in Recipient’s employ or otherwise who have no contact with
Confidential Information, as proven with written records; or (v) is required to be
disclosed by law; provided that, in the event that Recipient is required to disclose
Confidential Information under this paragraph 7.3, it will promptly notify the Disclosing
Party, and the Disclosing Party may, at its sole discretion and expense, initiate legal
action to prevent, limit or condition such disclosure.
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7.4. With respect to paragraph 7.3, the Parties acknowledge that each is subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (“CORA”). If disclosure of
any Confidential Information is required pursuant to CORA, the Parties shall reasonably
cooperate to review and identify any information not subject to disclosure. However,
each Party shall retain the right to proceed in the manner it believes, in its sole discretion
and judgment, is required to be compliant with the law with regard to any records
request received by that Party.
7.5. Notwithstanding any other provision of this Agreement, a Party may retain one copy of
the other Party’s Confidential Information in its confidential files, for the sole purpose of
establishing compliance with the terms hereof.
8. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the
parties, all equipment purchased by CSFS with funds provided under this Agreement for use
in connection with this Agreement shall be the property of the CSFS and shall be dedicated
to providing Services under this Agreement while this Agreement is in effect.
9. Liability; Insurance. Each Party hereto agrees to be responsible for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the full extent
allowed by law. Liability of the CSFS, and City is at all times herein strictly limited and
controlled by the provisions of the Colorado Government Immunity Act, C.R.S. §§ 24-10-
101, et seq. as now or hereafter amended. Nothing in this Agreement shall be construed as a
waiver of the protections of said Act. As public entities of the State of Colorado, neither
Party is authorized to indemnify any party, public or private, as against the claims and
demands of third parties and any such indemnification provision in this Agreement shall be
null and void.
10. Exclusive Warranty; Disclaimer. CSFS warrants that it will provide all deliverables under
this Agreement substantially in accordance with the Scope of Work and/or written protocol
provided by City, including as specified in project work orders. All other warranties, express
and implied, are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CSFS does not
perform any Services under this Agreement that may be subject to FDA Regulations, e.g.
GMP, cGMP, GLP, GCP work/services. Neither Party is liable for any indirect, special,
incidental, consequential or punitive loss or damage of any kind, including but not limited to
lost profits (regardless of whether such Party knows or should know of the possibility of such
loss or damages). The liability of either Party under this Agreement shall not exceed the
amount paid or payable to the CSFS under this Agreement.
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11. Termination. Either Party may terminate this Agreement, without cause, upon not less than
sixty (60) days written notice, given in accordance with the Notice provisions of this
Agreement. Termination of this Agreement shall not relieve a Party from its obligations
incurred prior to the termination date. Upon early termination of this Agreement by the City,
except in the case of a material breach by CSFS, the City shall pay all costs accrued by the
CSFS as of the date of termination including non-cancelable obligations for the term of this
Agreement, which shall include all appointments of staff incurred prior to the effective date
of the termination. The CSFS shall exert its best efforts to limit or terminate any outstanding
financial commitments for which the City is liable. The CSFS shall furnish, within ninety
(90) days of the effective termination, a final report of all costs incurred, and all funds
received and shall reimburse the City for payments which may have been advanced in excess
of total costs incurred with no further obligations to the City.
12. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. CSFS shall direct all requests for contract
interpretation, change orders, and other clarification or instruction to the City Representative.
13. Notices. Any notice, request, demand, consent or approval, or other communication
required or permitted hereunder will be in writing and will be deemed to have been given
when personally delivered or deposited in the United States mail or with an overnight
courier, with proper postage and address as follows:
If to State Forest Service: Weston Toll
5060 Campus Delivery
Colorado State University
Fort Collins, CO 80523-5060
Phone: 970-491-8760
weston.toll@colostate.edu
With a Copy to: Office of the General Counsel
0006 Campus Delivery
Colorado State University
Fort Collins, CO 80523-0006
Phone: 970-491-6270
contracts@colostate.edu
If to City: Richard Thorp
City of Fort Collins Utilities
City of Fort Collins
Water Quality Services Division, Watershed
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Program
P.O. Box 580
Fort Collins, CO 80522-0580
With a Copy to: City Attorney's Office
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
14. Binding Effect; Third Party Beneficiaries. This writing, together with the exhibits hereto,
constitutes the entire agreement between the Parties and binding upon the Parties, their
officers, employees, successors, and permitted assigns, and shall inure to the benefit of
the respective successors, and permitted assigns of the Parties. It is expressly understood
and agreed that the enforcement of the terms and conditions of this Agreement and all
rights of action relating to such enforcement, shall be strictly reserved to the Parties.
Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of the Parties that any
such person or entity, other than the Parties, receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
15. Amendment. No modification or amendment to this Agreement shall be valid unless it is
made in a writing signed by the authorized representatives of the Parties.
16. Default; Termination; Dispute Resolution.
16.1. Default. A Party will be considered in default of its obligations under this
Agreement if such Party fails to observe, to comply with, or to perform any term,
condition, or covenant contained in this Agreement and such failure continues for 10 days
after a non-defaulting Party gives the defaulting Party written notice thereof.
16.2. Termination for Cause. In the event of default, a non-defaulting Party,
upon written notice to the defaulting Party, may terminate this Agreement as of the date
specified in the notice.
16.3. Dispute Resolution. Any dispute concerning the performance of this
Agreement not resolved by the designated representatives of the Parties shall be
referred to superior departmental management staff designated by each Party (which,
for CSFS, shall be the Vice President for University Operations, and for the City, shall
be the City Manager), whose decisions shall be made within thirty (30) days after
notice or such other period as the Parties may agree. Failing resolution at that level,
either Party has the right to bring legal action to recover only such damages and
remedies as are authorized pursuant to this Agreement, in accordance with Colorado
law, and only in a court of competent jurisdiction located within the City of Fort
Collins, County of Larimer, Colorado. Notwithstanding any other provision contained
herein, neither Party shall be liable to the other for any indirect, consequential,
incidental, exemplary (punitive) or special damages. In the event of any default or
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dispute, each Party shall be solely responsible for its own attorneys’ fees.
17. Appropriation. The City’s financial obligations under this Agreement are contingent upon
the annual appropriation, budgeting and availability of specific funds to discharge those
obligations. Nothing in this Agreement shall create a payment guaranty by either Party or a
debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any
similar provisions of the City’s charter or ordinances.
18. Legal Authority. Each Party to this Agreement warrants that it possesses the legal authority
to enter into this Agreement and that it has taken all actions required by its procedures,
bylaws and/or applicable law to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this Agreement and to bind it to its terms. The person(s)
executing this Agreement on behalf of a Party warrant(s) that such person(s) have full
authorization to execute this Agreement. This Agreement is not binding upon Colorado State
CSFS, its governing board or the State of Colorado unless signed by the Associate Vice-
President for Finance or his/her authorized delegate.
19. Survival of Certain Terms. Notwithstanding anything herein to the contrary, the Parties
understand and agree that all terms and conditions of this Agreement and the exhibits and
attachments hereto which may require continued performance, compliance or effect beyond
the termination date of this Agreement shall survive such termination date.
20. Waiver. The waiver by either Party of a breach or violation of any provision of this
Agreement shall not operate as or construed as a waiver of any subsequent breach of the
same or other provision hereof.
21. Severability. In the event that any provision of this Agreement is held unenforceable for any
reason, the remaining provisions of this Agreement shall remain in full force and effect.
22. Counterparts and Facsimiles. This Agreement may be executed with any number of
counterparts, each of which, when executed and delivered will constitute an original, but all
such counterparts will constitute one and the same instrument.
[Signatures appear on following page]
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IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT THE DAY AND YEAR WRITTEN BELOW
CITY:
CITY OF FORT COLLINS, A COLORADO MUNICIPAL
CORPORATION
By: ______________________________________
Kelly Di Martino
City Manager
Date:
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM
_______________________________
Eric Potyondy, Assistant City Attorney
STATE FOREST:
BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM, acting by and through
Colorado State University
By: _____________________________________
Angela Nielsen
Director, Office of Budgets
Date: ___________________________________
By:
Matthew McCombs
State Forester and Director
*APPROVED AS TO FORM:
By:
Brian Anderson, Esq
Office of the General Counsel
*Not required unless legal changes made to this
document
EXHIBIT A
Scope of Work
Michigan Ditch Pre-Fire Mitigation Phase-1
Work to be completed/deliverables:
Project Summary
Michigan Ditch (“Ditch”) is critical infrastructure for the City of Fort Collins (“City”) water
supply and project work will reduce the risk of future larger-scale wildfires by completing a total
of approximately 150 acres of forest fuels reduction work.
The Colorado State Forest Service (“Forest Service”) will bill the City, through Fort Collins
Utilities, for $360,000.00 in calendar year 2024 and $140,000 in calendar year 2025.
Prescription
Three prescriptions: Unit 1, Unit 2, and small (~4-acre) HIZ treatment within Unit 2 around City
historic structures.
• Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ft2 per acre.
Dead standing trees 6”dbh will be removed (BA 159 ft2 per acre), excluding four snags
per acre for wildlife (spruce & fir >10”dbh). Surface fuels target is 20-30 tons per acre, to
maintain soil moisture & provide habitat whilst minimizing potential for high soil burn
severity. Prescription calls for removal of live overstory fir greater than 30ft in height at
risk of blowdown or declining from western balsam bark beetle.
• Prescription is designation by description, the contractor will conduct treatment based
upon the following criteria by tree species.
o Engelmann Spruce
Harvest and remove all dead Engelmann spruce from project area.
Retain live Engelmann spruce protected from windthrow, either
30 foot or less total height
Or clumped with other live trees in a protected area
o Sub-Alpine Fir
Harvest and remove from project area all merchantable (dead and live)
subalpine fir greater than 30 feet in total height to meet basal area targets
Retain windfirm, healthy fir where applicable, painted in BLUE
o Lodgepole Pine
Harvest and remove from project area all dead lodgepole pine.
Make an effort to retain all live lodgepole pine where operationally
feasible.
o Snags
Favor spruce for retaining four snags per acre
Exclude areas within 200 feet of the Ditch and associated infrastructure
Painted in YELLOW
• Prescriptions for Treatment Unit 2 (Prescription 2&3)
• Prescription 2 has a post-harvest target live Basal Area of 70-90 ft2 per acre. All standing
dead trees will be removed (BA = 34 ft2 per acre), excluding four snags per acre for
wildlife (spruce & fir > 10” dbh). Additional removal of live trees will target fir (live BA
= 107 ft2 per acre) to meet target basal area.
o Engelmann Spruce
Harvest and remove from project area all dead Engelmann spruce.
Retain live Engelmann spruce protected from windthrow, either
30 foot or less total height
Or clumped with other live trees in a protected area
Favor spruce for retaining four snags per acre; exclude areas within 200
feet of the Ditch and associated infrastructure
• Sub-Alpine Fir
o Harvest and remove from project area all merchantable (dead and live) subalpine
fir greater than 30 feet in total height to meet basal area targets
o Thin live young fir stands to meet additional basal area targets
o Retain windfirm, healthy fir where applicable, painted in BLUE
• Lodgepole Pine
o Harvest and remove from project area all dead lodgepole pine.
o Make an effort to retain all live lodgepole pine where operationally feasible.
• Snags
o Favor spruce for retaining four snags per acre
o Exclude areas within 200 feet of the Ditch and associated infrastructure
o Painted in YELLOW
• Within Unit 2 there is an approximately four-acre area that will follow Prescription 3,
which reduces fuels surrounding City structures. Guidance follows standards in the 2021
Forest Service HIZ guide. Contractor will be responsible for product removal in Zone 3.
In Zone 3 (30 to ≥ 150ft uphill & parallel to structures, 30 to ≥250 ft on downslope of
structures) crowns will be thinned to average spacing of 10ft. Retention will favor
lodgepole pine> Engelmann spruce> subalpine fir. All dead trees and mistletoe or broom
rust infected trees will be cut. Slash piles will be built where operationally feasible.
• Prescriptions for Slash (All Units)
o For tethered harvest, lop and scatter slash treatment will be employed.
Intermediate and co-dominant fir will be cut to create slash mats for minimizing
erosion.
o Helicopter treatment will employ whole tree harvest. Trees will be flown to
landing sites along the American Lakes Road for processing, and slash piles built
with non-merchantable material. The Forest Service will conduct winter burning
operations at a later date.
• Utilization & Slash Management Plan
o 30-35 CCF sawtimber per acre is anticipated from the treatment area and will be
sold to relevant local mills where applicable. Spruce and fir POL are less
desirable, so primary markets will be sawtimber and firewood.
Overall Budget Details
• Award (2024): $508,000 Forest Health and Wildfire Risk Mitigation Grant
• CSFS Congressionally Directed Spending Contribution (2024): $500,000
• City of Fort Collins under the Intergovernmental Agreement Regarding Forest Health
and Pre-Fire Mitigation Services Through the Colorado State First Service (2024) (up to
$500,000)
• Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor, supplies/materials, and indirect costs.
• Assessment & Further Planning
o The Forest Service will assess the entire project area throughout the treatment
process and will adjust as necessary to maximize impact of funding. At
completion of tethered treatment, the State Forest Field Office will provide an in-
depth plan for further treatment if funding is available
Any proposed changes during this assessment period will be provided to the Forest Service and
City Program Managers.
Milestone dates:
• Treatment of the project area will begin in summer of 2024. Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area. Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
• In fall 2024, the CSFS will assess connectivity of treated areas and targeted areas, then
prioritize remaining areas to apply treatment.
• In winter/spring of 2025, the CSFS will bid and contract the remaining project funds for
treating high priority areas through helicopter logging. The CSFS will administer the
project, and ensure that non-commercial material at the landing sites along American
Lakes Road are piled w/in contract specifications.
• In Fall of 2025, the CSFS will inspect the treatment area for contract closeout.
• In winter of 2026, the CSFS personnel will burn slash piles from the helicopter treatment.
• In Spring of 2026, the CSFS will seed burned areas with native grass mix.
• In Summer of 2026 the City will prepare a report with: acres treated, a treatment map,
merchantable volume removed, non-merchantable volume burned, and before and after
aerial drone imagery.
Project Completion deadline: April 1, 2028
Standards or Guidelines: Best Management Practices must be followed for all forest
management/fuels mitigation work completed under this award. Refer to the handbook Forestry
Best Management Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
• The Home Ignition Zone
• CSFS guidelines for Defensible Space and Fuelbreaks
• CSFS guidelines for Pruning Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum CSFS standards
prior to any reimbursement being made to the award recipient. CSFS Grant Reimbursement
Request Package will be used to both request reimbursement and to certify that work has been
completed to minimum standards.
1
Colorado State Forest Service Financial Assistance Program
Project Award Notification
Project Name Michigan Ditch Pre-Fire Mitigation
Project Number #8
CSFS Account Number 1929415
CSFS Account Title SB23-214 FRWRM Program
Estimated Total Project Cost $ 1,074,105
Award Amount $ 507,805
Minimum Recipient Match Required $ 566,300
Award Beginning Date April 1, 2024
Award End Date April 1, 2028
Federal Funds No
State Funds Yes
Other Funds Congressionally Directed Spending (CDS)
Based on the strength of the application submitted, the Colorado State Forest Service (CSFS) is providing
funding in the amount up to but not exceeding $ 507,805 to accomplish the project described in the
attached Scope of Work (Attachment A).
As the recipient, City of Fort Collins, will be reimbursed for allowable costs incurred in implementing the
project up to the amount listed above once the following requirements are met:
•Complete work as described in Attachment A (Scope of Work) including following Best
Management Practices for Forest Management Practices.
•Cost/Match Documentation:
o Expenses incurred prior to the Award Beginning Date will not be reimbursed or used as match.
o Provide documentation that project funds have been matched at a minimum of $ 566,300.
o Documentation supporting costs and match must be submitted through the local CSFS Field
Office for reimbursement. Documentation for all expenses (actual costs and values of items
that are not out-of-pocket expenses) and match is required. Follow the guidelines in the
“Expense Guidance” tab located in the enclosed CSFS Grant Reimbursement Package.
o Only actual recipient costs that support accomplishing the Scope of Work as indicated in
Attachment A of the Project Award Notification are eligible for reimbursement. Non-recipient
costs may be used as match. Non-recipients are third party participants (contributors other
than the award recipient) supporting the implementation of the project.
o In-kind activities will be documented on the current CSFS In-Kind Cost Documentation Form
using the current volunteer rate at the time work was completed. Grant recipients may use a
spreadsheet to track hours, however, the information must be summarized in the In-Kind form.
o In instances where there are multiple landowners involved with providing in-kind services
documentation of volunteer hours will come from the CSFS In-Kind Cost Documentation Form
for each landowner involved with the project and must be signed by the landowner.
o For projects where the award recipient passes funds to individual landowners, the landowner’s
labor is reimbursable and valued at the volunteer rate. Reimbursement will only be made to
the original award recipient who will then reimburse the landowner. Ex. HOA is the award
recipient and makes additional awards to individual landowners. Landowners do the work,
submit documentation to HOA, HOA submits reimbursement request for HOA to CSFS, CSFS
reimburses HOA, HOA reimburses individual landowner.
o Grant funds cannot be used for homeowner labor, volunteer labor, personnel coordination or
grant administration; however these activities are valuable and can be considered as match.
2
o Grant funds may not be used to purchase capital equipment unless the equipment was
approved and described in Attachment A Scope of Work. Tangible supplies under $5,000 that
contribute to the Scope of Work are allowable if approved and described in Attachment A
Scope of Work.
o Project work will be inspected by the CSFS Field Office to certify the work meets the Scope of
Work as described in Attachment A. Once all documentation is complete the CSFS Supervisory
Forester will sign/date to certify the work and that costs/match are allowable.
•NEW! Project Reporting Requirements:
o Grant recipients will be required to submit spatial map data (e.g., shapefiles) with each
reimbursement request, indicating the completed project work.
o A final report, using the CSFS provided template, will be required at the completion of the
project, along with final project spatial map data and project photos (jpeg). This report must
be submitted at the time the final reimbursement request is submitted to avoid having 10%
of the total grant award withheld from reimbursement.
•NEW! Record Retention/Data Sharing: At all times during and following the Term of this Agreement,
including any extensions or renewals hereof, all records, information and data collected or
developed during the performance of the Agreement, and any information provided to CSFS by
Licensor or developed during the performance of the Agreement shall be owned and retained by
CSFS for academic and research purposes, which may include sharing information with CSFS
affiliates. Any publishing or information made available to the public will not include personal
information of Licensor. Upon request, Licensor may request the removal of Licensor’s information
or property information on any publishing or information available to the public, and, if feasible,
CSFS shall remove such requested information.
•City of Fort Collins certifies that neither the award recipient nor any principals represented herein
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency.
The local CSFS Field Office is responsible for completing the CSFS Reimbursement Paperwork Package with
documentation provided by the award recipient.
This funding may be extended at the discretion of the CSFS Program Manager. Requests for extensions
must be made in writing at least 90 days before the award end date. Requests must be sent to the local
CSFS Supervisory Forester and include: why an extension is needed, new timeline for completion, and
changes to the Scope of Work (deliverables) if applicable. The CSFS Field Office will review and forward to
the appropriate Program Manager for approval. Approvals will be given in writing to the award recipient.
As the award recipient I have read, understand, and agree to the conditions of participating in this
financial assistance program.
Award Recipient Signature: Date:
Award Recipient Name:
Mailing Address:
Telephone Number:
Email Address:
Initials: Rev. Jan 2024 KM
Colorado State Forest Service Financial Assistance Program
Attachment A: Scope of Work
•Harvest and remove all dead Engelmann spruce from project area.
•Retain live Engelmann spruce protected from windthrow, either 30 foot or less total
height or clumped with other live trees in a protected area
Sub-Alpine Fir
•Harvest and remove from project area all merchantable (dead and live) subalpine fir
greater than 30 feet in total height to meet basal area targets
•Retain windfirm, healthy fir where applicable, painted in BLUE
Lodgepole Pine
•Harvest and remove from project area all dead lodgepole pine.
•Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
•Favor spruce for retaining four snags per acre
•Exclude areas within 200 feet of the Ditch and associated infrastructure
•Painted in YELLOW
Prescriptions for Treatment Unit 2 (Prescription 2&3)
Prescription 2 has a post-harvest target live Basal Area of 70-90 ft2 per acre. All standing dead
trees will be removed (BA = 34 ft2 per acre), excluding four snags per acre for wildlife (spruce &
fir > 10” dbh). Additional removal of live trees will target fir (live BA = 107 ft2 per acre) to meet
target basal area.
Project Name: #8 Michigan Ditch Pre-Fire Mitigation
CSFS Account Number: 1929415
Work to be completed/deliverables:
Project Summary
Michigan Ditch is critical infrastructure for the City of Fort Collins water supply and project
work will reduce the risk of future larger-scale wildfires by completing a total of 150 acres of
fuels reduction work. The CSFS State Forest Field Office will be administering the project work
outlined in this SOW on behalf of The City of Fort Collins and will encumber grant funds via the
CSFS contracting process. The City of Fort Collins will coordinate with the CSFS State Forest
Field Office and follow the reimbursement procedures and cost documentation requirements
described in the Project Award Notification for tracking and reporting project costs and match.
Prescription
Three prescriptions: Unit 1, Unit 2, and small (~4-acre) HIZ treatment within Unit 2 around City
of Fort Collins historic structures.
Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ft2 per acre. Dead
standing trees 6”dbh will be removed (BA 159 ft2 per acre), excluding four snags per acre for
wildlife (spruce & fir >10”dbh). Surface fuels target is 20-30 tons per acre, to maintain soil
moisture & provide habitat whilst minimizing potential for high soil burn severity. Prescription
calls for removal of live overstory fir greater than 30ft in height at risk of blowdown or declining
from western balsam bark beetle.
Prescription is designation by description, the contractor will conduct treatment based upon the
following criteria by tree species. Additional information is provided in Appendix D.
Engelmann spruce
Initials: Rev. Jan 2024 KM
Engelmann Spruce
•Harvest and remove from project area all dead Engelmann spruce.
•Retain live Engelmann spruce protected from windthrow, either
o 30 foot or less total height
o Or clumped with other live trees in a protected area
•Favor spruce for retaining four snags per acre; exclude areas within 200 feet of the Ditch
and associated infrastructure
Sub-Alpine Fir
•Harvest and remove from project area all merchantable (dead and live) subalpine fir
greater than 30 feet in total height to meet basal area targets
•Thin live young fir stands to meet additional basal area targets
•Retain windfirm, healthy fir where applicable, painted in BLUE
Lodgepole Pine
•Harvest and remove from project area all dead lodgepole pine.
•Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
•Favor spruce for retaining four snags per acre
•Exclude areas within 200 feet of the Ditch and associated infrastructure
•Painted in YELLOW
Within Unit 2 there is an approximately four-acre area that will follow Prescription 3, which
reduces fuels surrounding City of Fort Collins structures. Guidance follows standards in the 2021
CSFS HIZ guide. Contractor will be responsible for product removal in Zone 3. In Zone 3 (30 to ≥
150ft uphill & parallel to structures, 30 to ≥250 ft on downslope of structures) crowns will be
thinned to average spacing of 10ft. Retention will favor lodgepole pine> Engelmann spruce>
subalpine fir. All dead trees and mistletoe or broom rust infected trees will be cut. Slash piles
will be built where operationally feasible.
Prescriptions for Slash (All Units)
For tethered harvest, lop and scatter slash treatment will be employed. Intermediate and co-
dominant fir will be cut to create slash mats for minimizing erosion.
Helicopter treatment will employ whole tree harvest. Trees will be flown to landing sites along
the American Lakes Road for processing, and slash piles built with non-merchantable material.
CSFS will conduct winter burning operations at a later date.
Utilization & Slash Management Plan
30-35 CCF sawtimber per acre is anticipated from the treatment area and will be sold to relevant
local mills where applicable. Spruce and fir POL are less desirable, so primary markets will be
sawtimber and firewood.
Budget Details
Award: $507,805
Match: $1,000,000 (66.32 %) - City of Fort Collins: $500,000, CSFS (Via CDS): $500,000
Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor, and supplies/materials.
Initials: Rev. Jan 2024 KM
Assessment & Further Planning
CSFS will assess the entire project area throughout the treatment process and will adjust as
necessary to maximize impact of funding. At completion of tethered treatment, the State Forest
Field Office will provide an in-depth plan for further treatment if funding remains.
Any proposed changes during this assessment period will be provided to the PI for the FRWRM
grant.
Milestone dates:
•Treatment of the project area will begin in summer of 2024. Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area. Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
•In fall 2024, CSFS will assess connectivity of treated areas and targeted areas, then
prioritize remaining areas to apply treatment and submit plan
•In winter/spring of 2025, CSFS will bid and contract the remaining project funds for
treating high priority areas to facilitate highest connectivity. CSFS will administer the
project, and ensure that non-commercial material at the landing sites along American
Lakes Road are piled within contract specifications.
•In Fall of 2025, CSFS will inspect the treatment area for contract closeout.
•In winter of 2026, CSFS personnel will burn slash piles from the helicopter treatment.
•In Spring of 2026, CSFS will seed burned areas with native grass mix.
•In Summer of 2026 the City of Fort Collins will prepare a report with: acres treated, a
treatment map, merchantable volume removed, non-merchantable volume burned, and
before and after aerial drone imagery.
Project Completion deadline: April 1, 2028
Final Report and reimbursement request due to local CSFS Field Office: May 1, 2028
Standards or Guidelines: Best Management Practices must be followed for all forest
management/fuels mitigation work completed under this award. Refer to the handbook
Forestry Best Management Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
•The Home Ignition Zone
•CSFS guidelines for Defensible Space and Fuelbreaks
•CSFS guidelines for Pruning Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum Colorado State
Forest Service standards prior to any reimbursement being made to the award recipient. CSFS
Grant Reimbursement Request Package will be used to both request reimbursement and to
certify that work has been completed to minimum standards.
Headline Copy Goes Here
Water Conservation Specialist,
Utilities
Katie Collins
Environmental Regulatory Affairs Manager,
Utilities
Kathryne Marko
08-15-2024
Code Amendments -
Soil and Xeriscape
Headline Copy Goes HerePresentation Outline
2
•Recent Impacts
•Key Improvements
•Timeline
•Discussion
2021-2023 City Council Priorities
Council Priority 19
“Xeriscape – increase rebates and education, less green
lawns with new development”
Land Use Code 5.10.1
Council Priority 28
“Improve tree policies”
Land Use Code 5.10.1
Council Priority 14
“Effective soil amendment policies and compliance
(water usage)”
Municipal Code Ch. 12
Headline Copy Goes HereRecent Impacts to Project
3
New Land Use Code format
•Opportunity for reorganization
Senate Bill 24-005
•Reconfigured irrigated turf limits
City Council feedback
•Postponed tree policies
•Removed day-time watering regulation
•Removed landscape standards for detached houses
Staffing
•Requested two full-time employees through BFO
Headline Copy Goes HereSoils
4
Municipal Code, Ch. 12
• Clearly define thresholds for applicability
•Residential seeking Certificate of Occupancy when
> 1,000 sq.ft. of plants will be installed
•Non-residential requiring development review when
> 1,000 sq.ft. of plants will be installed
• Define standards for soil compaction and soil quality
• Remove barriers for considering existing soil and/or plant type
Program-related
• Implement comprehensive field inspection program for all sites
(Budget Offer 7.34, Soils FTE)
Headline Copy Goes HereXeriscape and Irrigation
5
Land Use Code 5.10.1
• Identifies specific purposes acceptable for high-water grass
installation
• Requires landscape water need not to exceed annual average of
11 gallons per square foot
• Restricts installing artificial turf except for athletic sports fields
• Requires dedicated surface/subsurface irrigation to all trees
• Re-organized to be more concise and predictable
Program-related
• Continue to promote programs and provide education
• Implement comprehensive landscape review processes (74.2
Senior Inspector, Zoning/Water Conservation – 1.0 FTE)
NC0
Slide 5
NC0 Over what time period? Per day? Per week?
Nick Combs, 2024-07-29T20:07:10.140
Headline Copy Goes Here
6
Timeline
1 2
4
3
5
RESEARCH &
OUTREACH
CODE
DEVELOPMENT RECOMMENDATIONS
ADOPTIONIMPLEMENTATION
First Reading of Code Ordinances
Sept. 3, 2024
First Reading of
‘25-’26 Budget
Nov 5, 2024
Streetscape
Standards Update
LUC Phase 2
Project
Headline Copy Goes Here
Discussion
7
Headline Copy Goes Here
8
Suggested Motion
I move that the Water Commission recommend City Council approve the
amendments to Land Use Code Sections 5.10.1 and 7.2.2 and City Code Sections
12-130 through 21-134 in substantially the same content and form as proposed by
staff and considered by the Commission on August ___, 2024.
OR
I move that the Water Commission recommend City Council approve the
amendments to Land Use Code Sections 5.10.1 and 7.2.2 and City Code Sections
12-130 through 21-134 in substantially the same content and form as proposed by
staff and considered by the Commission on August ___, 2024, and including the
following amendments: (insert specific language to be added or deleted).
5-- 0 - | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
CITY OF FORT COLLINS – LAND U SE CODE
General Development
and Site Design
ARTICLE 5
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5-0 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
TABLE OF CONTENTS
DIVISION 5.1 APPLICABILITY
5.1.1 Applicability
DIVISION 5.2 AFFORDABLE HOUSING
5.2.1 Affordable housing
DIVISION 5.3 RESIDENTIAL DEVELOPMENT
5.3.1 Residential developments
5.3.2 Multi-building and mix of housing
5.3.3 Neighborhood centers
5.3.4 Small neighborhood parks
5.3.5 Garage Design
5.3.6 Second kitchen
DIVISION 5.4 DEVELOPMENT INFRASTRUCTURE
5.4.1 Development infrastructure
5.4.2 Development improvements
5.4.3 Engineering design standards
5.4.4 Plat and development plan standards
5.4.5 Master Street Plan
5.4.6 Streets, Streetscapes, Alleys and Easements
5.4.7 Street pattern and connectivity standards
5.4.8 Emergency access
5.4.9 Bus stop design standards
5.4.10 Transportation level of service requirements
DIVISION 5.5 ENVIRONMENTAL REQUIREMENTS
5.5.1 Noise and vibration
5.5.2 Hazardous materials
5.5.3 Glare or heat
5.5.4 Solar access, orientation, and shading
5.5.5 Parks and trails
DIVISION 5.6 ENVIROMENTAL SITE SUITABILITY
5.6.1 Natural habitats and features
5.6.2 Air quality
5.6.3 Water quality
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5-1 | ARTICLE 5 : CITY OF FORT COLLINS – LAND USE CODE
5.6.4 Water hazards
5.6.5 Hazards
5.6.6 Health risks
5.6.7 Other jurisdiction Environmental compliance
DIVISION 5.7 COMPACT URBAN GROWTH STANDARDS
5.7.1 Compact Urban Growth
5.7.2 Contiguity
5.7.3 Adequate public facilities
5.7.4 Lots
DIVISION 5.8 HISTORIC
5.8.1 Historic, landmark preservation and cultural resources
DIVISION 5.9 BUILDING PLACEMENT AND SITE DESIGN
5.9.1 Access, circulation and parking
DIVISION 5.10 LANDSCAPING AND TREE PROTECTION
5.10.1 Landscaping and tree protection
5.10.2 Buffering Between Residential and Inudstrial Industrial Uses
5.10.3 Buffering Between Buildings with Occupiable Space and Oil and Gas
DIVISION 5.11 TRASH AND RECYCLING ENCLOSURES
5.11.1 Trash and recycling enclosures
DIVISION 5.12 EXTERIOR SITE LIGHTING
5.12.1 Exterior site lighting
DIVISION 5.13 YARDS AND SETBACKS
5.13.1 Yards
5.13.2 Setbacks
DIVISION 5.14 OCCUPANCY LIMITS
5.14.1 Occupancy limits; increasing the number of persons allowed
DIVISION 5.15 BUILDING STANDARDS
5.15.1 Building and project Compatibilty
5.15.2 Mixed-use, institutional and commercial buildings
5.15.3 Large Retail Establishments
5.15.4 Convenience Shopping center
DIVISION 5.16 SIGNS
5.16.1 Signs generally.
5.16.2 Permanent signs
5.16.3 Temporary signs
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5-1 | ARTICLE 5 : CITY OF FORT COLLINS – LAND USE CODE
5.16.4 Nonconforming signs and administration
5.16.5 sign maintenance
DIVISION 5.17 WATER ADEQUACY DETERMINATIONS
5.17.1 Purpose.
5.17.2 Applicability.
5.17.3 Application.
5.17.4 Procedures and Standards for Water Adequacy Determinations: Established Potable Water
Supply Entities
5.17.5 Procedures and Standards for Water Adequacy Determinations: Other Potable Water
SUpply Entities.
5.17.6 Procedures and Standards for Water Adequacy Determinations: Non-Potable Water Supply
Entities.
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5-1 | ARTICLE 5 : CITY OF FORT COLLINS – LAND USE CODE
ARTICLE 5
General Development and Site Design
DIVISION 5 .10 LANDSC APING AND TREE PROTECTION
5.10.1 LANDSCAPING AND TREE PROTECTION
(A)Applicability. This Section shall apply applies to all development plans that include landscaping and/or
new or existing trees (except for development on existing lots for single-unit detached dwellings) within
the designated "limits of development" ("LOD") and natural habitat buffer zones established according
to Section 5.6.1 (Natural Habitats and Features).
(B)Purpose. The intent of this Section is to require preparation of a landscape, and tree protection, and
irrigation plan plans (hereinafter “landscape plan”) that ensure demonstrates a comprehensive approach
to landscaping that incorporates City plans for the appearance and function of the neighborhood or
district, the development, buildings, and the pedestrian environment, while creating or maintaining a
diverse significant canopy cover and using water efficiently.is created, diversified and maintained so that
all associated social and environmental benefits are maximized to the extent reasonably feasible. These
benefits include reduced erosion and stormwater runoff, impro ved 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 that include landscaping and/or new or existing trees shall must
submit a landscape and tree protection plan, and, if receiving water service from the City, an irrigation
plan, that incorporates City plans for the appearance and function of the development while creating or
maintaining a diverse significant canopy cover and using water efficiently and that promotes reductions
in outdoor water use by selecting low water plant materials, improving soil, and exploring non -potable
irrigation sources. All landscaping, tree protection and planting, and irrigation must be installed
according to approved landscape plans. For the Director or Director’s designated staff focused in the
applicable area of forestry, landscape, or irrigation to approve a landscape plan it must comply with the
standards throughout this Section and must: (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 th e
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.
(1)Protect existing trees and natural features;
(2)Provide a diverse and resilient tree canopy cover;
(3)Reinforce and extend existing patterns of outdoor spaces and vegetation;
(4)Enhance the pedestrian environment of the development and neighborhood;
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5-78 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(5) Create visual interest year-round, complementing the architecture of a development and attracting
attention to building entrances and other focal points;
(6) Reinforce spatial definition of outdoor spaces and circulation patterns;
(7) Screen areas of low visual interest or visually intrusive site elements;
(8) Lend privacy where appropriate;
(9) Promote compatibility and buffering between and among dissimilar land uses; and
(10) Ensure long term health of landscaping through best practices for maintenance and irrigation.
[NOTE: This heading for Subsection (D) was previously Subsection (E).]
(D) Landscape StandardsPlanning and Design. All development applications that include landscaping
and/or new or existing trees shall must include landscape plans that meet the following minimum
standards: in this Subsection.
[NOTE: This Subsection (D)(1) was previously Subsection (D).]
(1) Tree PlantingStandards.
(a) Purposes. These standards are meant to All developments shall establish groves and belts of
trees along all city streets, in and around parking lots, and in all landscape areas that are
located within fifty (50) feet of any building or structure in order to establish at least a partial
urban tree canopy in available and appropriate spaces. Urban tree canopies are used to define
and connect spaces and corridors or other features along the street. All the following elements
contribute to this. Useful urban tree canopy benefits include:
(I) Beautification;
(II) Reducing erosion and stormwater runoff;
(III) Mitigating air pollution;
(IV) Reducing glare and heat build-up;
(V) Aiding water conservation in irrigated landscaping;
(VI) Creating continuity within and between individual developments; The groves and
belts may also be combined or interspersed
(VII) wWith other landscape areas in remaining portions of elements, screening and
mitigating potential conflicts between activity areas and other site elements ; the
development to
(VIII) accommodateAccommodating views and functions such as active recreation and
storm drainage;. and
(IX) Defining and enhancing outdoor spaces.
(b) Minimum Plantings/DescriptionTree Stocking Requirements. All developments must
establish groupings of trees along all city streets, in and around parking lots, and in landscape
areas in the landscape plan. These tree standards stocking requirements 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
requirementsbut are not intended to limit additional tree plantings in any remaining portions
of the development. Groves and belts of trees shall be rRequired as followstree stocking
comprises:
(I) pParking lot landscaping in accordance with the parking lot landscaping standards
as set forth in this Section and in Section 5.9.1, Access, Circulation and Parking;
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5-79 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(II) sStreet tree planting in accordance with the Larimer County Urban Area Street
Standards or otherand the street tree planting as defined in sSubsection (2)(b) or
(c) (D)(1)(e) below;
(III) "full tTree stocking" shall be requiredplanting in all landscape areas within fifty
(50)sixty-five (65) 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
(IV) planting cutouts in walkways shall contain at least sixteen (16) square feet.
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 prevent growth and maturity. Any tree planting cutouts in
walkways must be at least 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 provided in Section 2.4.1.
(V) Full tree stocking under this Subsection (D)(1)(b) shall mean formal or informal
groupings of trees planted according to the following spacing dimensions
depending on species and desired degree of shading of the ground plane:
Table 5.10.1-(1) – Spacing
Tree Type Minimum/Maximum Spacing
Canopy shade trees 30'—40' spacing
Coniferous evergreens 20'—40' spacing
Ornamental trees 20'—40' spacing
(VI) Exact tree 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 stocking requirement under this Subsection (D)(1)(b) and the minimum
species diversity requirement under Subsection (D)(1)(c) isare met.
(VII) Canopy shade trees shall must constitute at least fifty (50) percent (50%) of all
tree plantings. Trees required in subparagraphsSubsections (a) or (b) (D)(1)(b)(I)
or (II) above may be used to contribute to this standard. If additional trees
beyond the minimum tree stocking and mitigation requirements under this Section
are planted, the additional trees must meet the minimum species diversity
requirement but are not subject to the fifty percent (50%) canopy shade
requirement.
[NOTE: This Subsection(D)(1)(c) was previously (D)(3).]
(c) Minimum Tree Species Diversity. To prevent uniform insect or disease susceptibility and
eventual uniform senescence on a development site within a landscape planned area or in the
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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 may be
planted in a row, including corners and groupings. The following minimum requirements shall
apply to any development landscape plan.
Table 5.10.1-(2) – Species Diversity Table
Number of trees on
site
Maximum percentage of any one
species
10—19 50%40%
20—39 33%30%
40—59 25%30%
60 or more 15%10%
[NOTE: This Subsection (D)(1)(d) was previously (D)(4).]
(d) Tree Species and Minimum Sizes . The City Forester shall provide a recommended list of
trees, which shall be that are acceptable to satisfy the requirements for landscape plans,
including approved canopy shade trees that may be used as street trees.
(I) Minimum Size. The following minimum sizes shall be required (except as
provided in subparagraph (5) Subsection (D)(1)(d)(II) below):
Table 5.10.1-(3) – Minimum Size Table
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.
(II) Reduced Minimum Sizes for Affordable Housing Projects. In any
affordable housing project, the following minimum sizes shall be required:
Table 5.10.1-(4) – Affordable Housing Minimum Tree Size Table
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
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5-81 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
[NOTE: This Subsection (D)(1)(e) was previously D(2).]
(e) 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 Fort
Collins Municipal Code Article 3, Section 27-31. eExcept as described in subparagraph
Subsection (D)(1)(e)(bII) below, the street tree plantings in connection with the development
by one (1) or more of the methodsshall occur as described in subparagraphsSubsections
(D)(1)(e)(aI) through (dV) below:
(I) Wherever the sidewalk is separated from the street by a parkway, 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 and separated from
streetlights and utilities lines as required in Subsection (D)(1)(f) below.
(II) Wherever the sidewalk is attached to the street in a non-standard way or 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 spacing intervals as required in
sSubsection (a) (D)(1)(e)(I) 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 spacing,
except in the Downtown District where tree cutouts shall mimic or exceed existing
design or character to adjacent Street Frontage Types as provided in Section
2.4.1.
(III) Ornamental trees shall be planted in substitution for the required 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 as required in Subsection (D)(1)(f) below.
(IV) Wherever existing ash trees (Fraxinus species) are in the adjoining street right-of-
way, the applicant shall must 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 also to recommend shadow planting or emerald ash borer mitigation
methods for existing ash trees on private property.
(V) In any multi-phase development plan, all street trees per phase must be planted
at once rather than on a lot by lot over time to the maximum extent feasible; and
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such planting may only occur after the irrigation is functioning and right-of-way
turfgrass, if present, is established. The City Forester, through conversations with
the landscape contractor and applicant, makes the final decision as to what timing
is feasible. Street trees must only be planted during shoulder seasons, March
through June, and September through November, to avoid the hottest and coldest
periods of the year.
[NOTE This Subsection (D)(1)(f) was previously Subsection (K).]
(f) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The following
list sets forth mMinimum dimension requirements for the most common tree/utility and traffic
control device separations are shown below. Exceptions to these requirements may occur, as
approved by the Director, 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 separations shall not be used as a means of avoiding the planting of required street
trees. Required separations are:
(I) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between
ornamental trees and streetlights. (See Figure 35.10.1-(1).)
Figure 35.10.1-(1) – Tree/Streetlight Separations
(II) Twenty (20) feet between shade and/or ornamental trees and traffic control signs
and devices.
(III) Ten (10) feet between trees and water or sewer mains.
(IV) Six (6) feet between trees and water or sewer service lines.
(V) Four (4) feet between trees and gas lines.
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(VI) Street trees on local streets planted within the eight-foot-widestandard abutting
utility easement may conflict with utilities. Additional conduit may be required to
protect underground electric lines.
[NOTE: This Subsection (D)(2) was previously (E)(2).]
(2) Landscape Area Treatment. Landscape areas shall include all areas on the site, including
entryways, that are not covered by buildings, structures, paving , or impervious surface, or
otheroutdoor areas including spaces for activity such as play areas, unpaved plaza spaces, or patios,
and the like. Landscape areas shall consist only of landscaping, which includes any combination of
living plants, and may include built features such as fences, benches, works of art, reflective pools,
fountains, or the like. Landscaping shall also include irrigation systems, mulches, topsoil, soil
preparation, revegetation, and the preservation, protection, and replacement of existing trees. The
selection and location of turf, ground cover (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 landscape area and with each other.
(a) Coverage. Not counting trees, more than 50% of each landscape area must be covered with
living plants at maturity. The Director may approve an exception to this requirement if a
determination is made that an area is too small for living landscape material and for irrigation to
be reasonably feasible.
(b) Grouping and Placement. A landscape plan must group landscape materials based upon
hydrozone and irrigated accordingly (as described under Subsection(D)(3) of this Section and
based on light (e.g. full sun, shade, partial sun) requirements.
(c) Irrigated Turf grass. Irrigated turf grass areas may only be planted according to planned use,
only in areas or spaces used for recreation or for civic or community purposes. Such purposes may
include playgrounds, sports fields or other athletics programming, picnic grounds, amphitheaters,
portions of parks, and playing areas of golf courses. Such purposes do not include, and irrigated
turfgrass with a high water requirement must not be planted in, street rights-of-way, parking lots,
medians, and transportation corridors. Any landscape plan that includes irrigated turf grass must
indicate the intended use of all turf grass areas.
(I) Irrigated turf grass with a high water requirement may only be planted for
recreation, civic or community purposes and is limited to High-use areas shall be
planted with irrigated turf grassof heavy foot traffic. Irrigated turf grass with a
high water requirement refers to high- or moderate-hydrozone sod forming
grasses including species such as Poa pratensis (Kentucky bluegrass), and turf-
type tall fescue (Festuca arundinacea) and their varieties and cultivars. See the
hydrozone table (Table 5.10.1-(5)) at Subsection (D)(3) of this Section for
descriptions of hydrozones.Nonirrigated shortgrass prairie grasses or other
adapted grasses that have been certified as Xeriscape landscaping may be
established in remote, low-use, low visibility areas.
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(II) Irrigated turf grass shall not be installed in contiguous areas smaller than seventy -
five (75) square feet to avoid water waste that occurs through overspray on small
areas.
(III) Irrigated turf grass species with a low water requirement may be located on a site
as appropriate for the species and planned activity. Well-maintained irrigated turf
grass with a low or very-low water requirement according to hydrozones in Table
5.10.1-(5) at Subsection (D)(3) of this Section or the City of Fort Collins Plant List
and well-maintained regionally adapted or native grass species are not subject to
the irrigated turf grass limits in Subsection (D)(2)(c)(I) of this Section.
(d) Artificial Turf and Plants. No artificial turf or artificial plants may be included in any landscape
plan or installed. The Director may approve an exception to allow artificial turf to be installed on
an athletic field of play if the installation is not prohibited under C.R.S. 37-99-103 and if the
Director determines the use is appropriate, the use does not add pollutants that could cause
environmental impairment, and alternatives are not reasonable. Any exception to allow artificial
turf must be noted in the landscape plan.
(e) Ecologically Sensitive Areas. Non-native plants must not be planted near ecologically sensitive
areas, such as natural habitat buffer zones (NHBZs) and natural areas, if the species or variety is
deemed by the Director to be likely to spread into that sensitive area.
(f) Mulched Planting bBeds.
(I) Shrub and ground cover planting beds shall be separated from irrigated turf grass
with a high water requirement by with edging or other physical divider or a
commitment on the landscape plan to maintain a shovel-cut edge to define the
space that is being maintained. and
(II) Shrub and ground cover planting beds shall have the majority of exposed soil
areas covered with mulch.
(III) Mulch must be organic mulch. To the extent that organic mulch is not used, the
total coverage area of any single type of inorganic mulch must not exceed fifty
percent (50%) of the total landscape areas. Mulching around trees is excluded
from this fifty percent (50%) calculation.
(IV) Synthetic-based inorganic mulches, including plastic- or rubber-based mulches are
not permitted.
(g) 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 of such walls, except :
(I) wWhere 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;
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5-85 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(II) Where exceptional situations unique to the development hinder the applicant's
ability to comply with fire code or building code requirements while also adhering
to a strict application of this standard.
[NOTE: This Subsection (D)(2)(h) was previously (E)(1).]
(h) 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:
(I) Separation and screening with plant material: planting dense stands of evergreen
trees, canopy shade trees, ornamental trees or shrubs;
(II) 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;
(III) Establishing privacy: establishing vertical landscape elements to screen views into
or between windows and defined outdoor spaces where privacy is important, such
as where larger buildings are proposed next to side or rear yards of smaller
buildings;
(IV) 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; and/or
(V) Landform shaping: utilizing berming or other grade changes to alter views,
subdue sound, change the sense of proximity and channel pedestrian movement.
(i) Street Parkways. All adjoining street parkways shall be landscaped in connection with the
development in accordance with this Division and the Larimer County Urban Area Street
Standards.
(j) 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 structural 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.
[NOTE: This Subsection (D)(2)(k) was previously Subsection (L).]
(k) Visual Clearance or Sight Distance Triangle. Except as provided in Subparagraphs (1) and
(2) Subsections (D)(2)(k)(I) and (II) 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.
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5-86 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(I) Fences shall not exceed forty-two (42) inches in height and shall be of an open
design.
(II) 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.
(l) Exceptions.
(I) Agricultural Use. If outdoor space is maintained in active agricultural use, the
landscape surfaces and ground cover standards above shall not apply.
(II) 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 the standards in this Subsection.
(III) All streetscapes intended to be turned over to the Parks Department after
development must conform to Parks Department standards. Landscaping plans
must also be reviewed and approved by the Parks Department before approval,
regardless of the water district.
[NOTE: All of this Subsection below was distributed among the other Subsections within this
Section.]
Water Conservation. Landscape plans shall be designed to incorporate water-efficient techniques.
(m) Landscape designs shall be designed according to the xeriscape landscaping principles described
as follows:
(I) Plan and design. Plan for how people will use and interact with the landscape. Group
landscape materials accordingly based upon hydrozone.
(II) Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch,
boulders and other landscape elements that support the criteria in Section 5.
10.1(H).Landscape elements shall be arranged to provide appropriate plant spacing
and grouping and to avoid a disproportionate and excessive use of mulch areas.
(III) Appropriate use of turf. Limit high water-use turf to high-traffic areas where turf is
functional and utilized.
(IV) 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.
(V) 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.
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(VI) 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..2.1.
(VII) 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.
(VIII) 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.
(IX) 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.
[NOTE: This Subsection (D)(3) was previously (E)(3)(b).]
(3) Water Budget and Hydrozones. Landscape plans shall include must also contain estimated water
use, including:
(a) Maximum Not to Exceed. A water budget chart that shows the total annual water use., which
shall Total annual water use must not exceed an average of fifteen (15)eleven (11) gallons/square
foot/year for each water tap.
(b) Hydrozones. A hydrozone plan view diagram that identifies each hydrozone category assigned
per planted area and that sums the total area of each category per hydrozone. The hydrozone
plan view diagram shall provide an accurate and clear visual identification of all hy drozones using
easily distinguished symbols, labeling, hatch patterns, and relationships of hydrozone plan
elements.
Accurate and clear identification of all applicable hHydrozones are defined in Section 7.2.2 and according
to using the following categories:
Table 5.10.1-(5) – Hydrozones
HYDROZONE WATER CONSUMPTION PER YEAR
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
[NOTE: This Subsection (D)(4) was previously (E)(4).]
(4) Parking Lot Perimeter Landscaping. Parking lot perimeter landscaping (in the minimum setback
areas required by Section 5.9.1(J)(Access, Circulation and Parking) and irrigation shall meet the
following minimum standards in addition to the other requirements in this Section:
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(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 for the entire length of the parking lot. 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.
[NOTE: This Subsection (D)(5) was previously (E)(5).]
(5) Parking Lot Interior Landscaping. 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 15.10.1-
(2)). All parking lot islands, connecting walkways through parking lots and driveways through or to
parking lots shall be landscaped and irrigated according to the following standards in addition to the
other requirements in this Section:
(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 curb cut. This requirement does not apply to trees, for which visibility
requirements are provided in Subsection (D)(2)(k)(II) of this Section.
(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 sur face
of turf, ground cover perennials or mulched shrub plantingslive plants with mulch, as
appropriate.
(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 smallest
dimension, include at least eighty (80) square feet of ground area per tree to allow for root
aeration, and have raised concrete curbs.
Figure 15.10.1-(2) – Interior Landscaping for Vehicular Use Areas:
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(d) Walkways and Driveways. Connecting wWalkways through parking lots, as required in
subsection 5.9.1(C)(5)(a) (Walkways), shall have one (1) canopy shade tree per forty (40) 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 bBays 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.
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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.
Landscaping of Vehicle Display Lots. Vehicle display lots for vehicle sales and leasing (as those
terms are defined in Article 7) 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
5.10.1(E)(5)(c).
[NOTE: This Subsection (E) was previously Subsection (I).]
(E) Landscape Materials, Maintenance and Replacement.
(1) TopsoilSoil Preparation. 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 sSoil amendments shall also be incorporated as appropriate to the existing soil
and the proposed plant material and in accordance with the requirements of Section 5.5.5Subsection
(K) of this Section.
(2) Plant Materials. Plant material shall be selected from the City of Fort Collins Plant List created and
maintained 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.
(a) No invasive plant species may be included in a landscape plan or installed in a development.
(b) A landscape plan proposing a plants that is not included on the Plant lList may be approved by
applicable decision-making staff if the applicant verifies on the landscape plan that the plant is
well adapted to the Fort Collins upon a determination that such plants are well suited for the
local climate and site conditions and is not a noxious weed according to Colorado Department
of Agriculture.
(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 the latest version of the
American Association of Nurserymen standardsStandard for Nursery Stock.
[NOTE: The previous Subsection (E)(4) that existed here was moved into its own Subsection (I).]
(4) Maintenance. Trees and vegetation, irrigation systems, fences, walls and other landscape
elements shall be considered as elements and infrastructure of the project development in the same
manner as parking, building materials and other site details. The applicant, landowner or successors
in interest shall be jointly and severally responsible for the regular maintenance of all landscaping
elements in good condition. Required maintenance includes, but is not limited to, the following:
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(a) Perform regular elimination of weeds, pruning, mowing to an appropriate height, deadheading ,
replacement of dead plant material, and replenishment of mulch surfaces.
(b) Maintain Aall 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.
(c) Use best practices for integrated pest management to protect pollinators and other living
organisms, as well as best practices for prioritizing water quality, that improve the health of
landscapes and soils.
(d) Preserve and protect trees and the critical root zone (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.
(I) Damage to a tree or CRZ that interferes with the long-term health of the tree
requires mitigation according to the Tree Mitigation Requirements under
Subsection (G) of this Section.
(II) Naturally fallen trees or trees found to be a threat to public health, safety or
welfare are exempt.
(5) Replacement. Any landscape element that dies, or is otherwise removed, shall be promptly
replaced based on the requirements of this Section.
(6) 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) 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
Appraisers. Larger than minimum sizes (as set forth in subsection (D)(4) above) shall be required for
such replacement treesresources listed in Subsection (F) of this Section.
[NOTE: This Subsection (E)(7) was previously Subsection (M).]
(7) Revegetation. When the development causes any disturbance within any natural area buffer zone,
revegetation shall occur as required in paragraphSubsection 5.6.1(E)(2) (Development Activities
Within the Buffer Zone) and subsection 5.10.1(F) (Tree Preservation and Mitigation).
(8) Restricted Tree Species. City Forestry Division shall provide a list of specified tree species that
shall not neither be planted within the limits of development and LOD, nor in the 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 Tree sSpecies. For prohibited species reference to Chapter 27, Article II, Division 1,
Sec. 27-18 of the Fort Collins Municipal Code.
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(10) Mulch. In addition to the requirements under Subsection (D)(2)(f) of this Section, the
following standards apply:
(a) Mulch for Trees. All trees must have organic mulch placed and replenished as needed at a
depth of two (2) to four (4) inches for a minimum of a three (3) foot radius mulch ring or
under a tree grate. This includes trees planted in rock cobble planting beds.
(b) Mulch for Other Landscaping. Mulch must be placed and replenished as needed to Mmaintain
complete coverage of the soil surface with a minimum depth of three two (2) to four (4)
inches of mulch. Mulch shall be maintained at these minimum depths 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.
[NOTE: This Subsection (F) has remained Subsection (F).]
(F) Tree Preservation and Mitigation. Existing significant trees (six (6) inches and greater in diameter)
within the LOD and within natural habitat buffer zonesNHBZs shall must 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 sSubsection (F)(2) below. Streets, buildings and lot
layouts shall be designed to minimize the disturbance to significant existing trees. All required landscape
plans, demolition plans, grading 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 protect.
Where the City determines 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 SectionSubsection.
To the extent reasonably feasible, replacement mitigation trees shall be planted on the development site
or, if not reasonably feasible, in the closest available and suitable planting site on public or private
property. 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 fair market value payment in
lieu mitigation fee per tree is determined by the City Forester 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
thebefore a Development Construction Permit issuance or other required permits or pre-construction
approval is issued, as applicable.
(1) Mitigation Trees. A significant tree that is removed shall be replaced with not less than one (1)
ornor more than six (6) replacement trees sufficient to mitigate the loss of contribution and value of
the removed significant tree(s). The applicant shall coordinate with the City Forester to determine
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such loss based upon an onsite tree assessment, 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 unless otherwise
determined by the City Forester:
(a) Canopy Shade Trees: 2.0" caliper balled and burlap or equivalent.
(b) Ornamental Trees: 2.0" caliper balled and burlap or equivalent.
(c) Evergreen Trees: 8' height balled and burlap or equivalent.
(2) Exemptions. 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 in Section
5.6.1(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 diameter-at-breast-height (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) Depiction of Street Trees. 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).
[NOTE: This Subsection (G) has remained Subsection (G).]
(G) Tree Protection Specifications. The following tree protection specifications shall be followed for all
projects with protected existing trees. Tree protection methods shall be delineated on the demolition
plans and development plans.
(1) No Disturbance. 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.
(2) Pruning. All protected existing trees shall be pruned to the City of Fort Collins Forestry Division
standards.
(3) Protective Barriers. 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 fencing a minimum of
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four (4) feet in height, secured with metal T-posts, no closer than six (6) feet from the trunk 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 for added protection during
construction. There shall be no 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.
(4) Chemicals and Harmful Materials. 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.
(5) No Attachments. No damaging attachment, wires, signs, or permits may be fastened to any
protected tree.
(6) Ribboning Off. 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 sSubsection (G)(3) 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 cleared.
(7) Soil Disturbances. Soil disturbances in proximity to trees must comply with the distances in Table
5.10.1-(6) below, Tree Diameter to Soil Disturbance Distance. Soil disturbances include, but are not
limited to, soil loosening or amending, augering or boring, tunnelling, irrigation installation, or
excavation within the critical root zone (CRZ). Soil loosening and amending shall be pursuant to City
Code Section 12-132.
(8) Underground Facilities Installations. The installation of utilities, irrigation lines 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 heightDBH as described in the chart
below. 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 25.10.1-(3), for root
protection guidelines. The CRZ shall be incorporated into and shown on development plans for all
existing trees to be preserved.
Table 5.10.1-(6) – Tree Diameter to Soil Disturbance DistanceAuger Distance Table:
Tree Diameter at Breast Height
(inches)
Auger Distance From Face of Tree
(feet)
0-2 1
3-4 2
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5-9 5
10-14 10
15-19 12
Over 19 15
Figure 25.10.1-(3) - Critical Root Zone Diagram.
(9) Watering During Development. All existing trees within the plan must 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°).
(7) 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 criteria:
a. protecting existing trees, natural areas and features;
b. enhancing visual continuity within and between neighborhoods;
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c. providing tree canopy cover;
d. creating visual interest year-round;
e. complementing the architecture of a development;
f. providing screening of areas of low visual interest or visually
intrusive site elements;
g. establishing an urban context within mixed-use developments;
h. providing privacy to residents and users;
i. conserving water;
j. avoiding reliance on excessive maintenance;
k. promoting compatibility and buffering between and among dissimilar land uses; and
l. establishing spatial definition.
[NOTE: This Subsection (H) was previously Subsection (J).]
(H) Irrigation. Irrigation systems must be designed, operated, and maintained to prioritize water
conservation and water efficiency. Systems should be designed to water deeply and infrequently to
develop greater drought tolerance.
(1) Automatic Irrigation. Provision shall be made for permanent, automatic irrigation of all plant
material, with the following exceptions:
(a) Plantings that do not require any irrigation beyond establishment. For such plantings, any new
or existing automatic irrigation should not be routed to these plantings and should be
established by tank watering or otherwise as noted on the landscape plan. Trees are not
considered "plantings that do not require any irrigation beyond establishment."
(b) Natural areas or other areas within a development where natural features onsite obviate the
need for irrigation.
(c) Trees and other plants used to landscape a residential local street parkway abutting lots for
detached single-unit dwellings, where manual watering is intended.
(d) Mitigation trees planted off-site where it may not be feasible to install dedicated irrigation for
that singular purpose.
(e) Landscaping adjacent to certain street frontage types , such as Storefront and Mixed Use, or
within special taxing districts such that landscaping and irrigation may be the responsibility of
an entity other than the individual property owner.
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(2) Irrigation Plan Specifications. For any development provided water within the City, a finalan
irrigation plan as part of the landscape plan shall must be submitted to and approved by the
Director, and by the Parks Department if a streetscape to be turned over to the City is involved,
prior to the issuance of thebefore a building permit is issued, or if no building permit is required,
then prior tobefore commencement of construction. Any major deviation from an approved irrigation
plan, resulting from construction, requires 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
submit an irrigation plan as part of the landscape plan.; iIn 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 belowin this
Subsection. The irrigation plan must include a water use table organized by irrigation zone for each
irrigation tap, corresponding to the hydrozone plan view diagram and aligning with the water budget
chart in the landscape plan (Subsection(D)(3) of this Section), and showing the total annual water
use. The irrigation plan must also depict on the hydrozone plan view diagram in each watering area
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.
In addition, as provided below in Subsection (I) 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) Irrigation System Standards for Water Conservation. The City of Fort Collins Irrigation
System Standards for Water Conservation are as follows:
(a) Irrigation Methods and Layout.
(I) The irrigation system shall be designed according to the hydrozones shown on the
landscape plan and shall perform as provided in the water budget chart.
(II) 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
significantly different solar exposures shall be zoned separately.
(III) Trees, including street trees, Tturf and non-turf areas shall be irrigated on separate
zones. Dedicated non-overhead, surface or subsurface irrigation must be installed
for all new trees and existing trees within the plan, except as provided in Subsection
(H)(1) above.
(IV) 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.
(V) No combination of Ddrip, micro-sprays, sprayheads and or rotors shall not be used
together or combined on the same zone.
(VI) 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.
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(b) Equipment Selection.
(I) 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.
(II) 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 must be installed. The purpose of the submeter would beis to
enable the owner and landscape maintenance contractor to monitor water use for
irrigation. The submeter would is 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.
(III) 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 landscapingirrigated turf grass
sod or seed, the irrigation system Smart Controllersschedule shall be reduced
and set reset to the a normal seasonal watering schedule.
(IV) 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.
(V) 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.
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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.
(VI) 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.
(VII) Remote control valves shall have flow control.
(VIII) 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.
(IX) 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.
(c) Sleeving.
(I) 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.
(II) The sleeving material beneath sidewalks, drives and streets shall be PVC Class 200
pipe with solvent welded joints.
(d) Water Pressure.
(I) The irrigation system designer shall verify the existing available water pressure.
(II) 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.
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(III) 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.
(IV) All rotary sprinklers and multi-stream rotary nozzles on pop-up spray bodies shall
operate at the manufacturer's specified optimum performance pressure.
(V) 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.
(VI) 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.
(I) 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
irrigated turf grass areas are exempt from this requirement.
(II) 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.
(III) Audit results below the minimum acceptable distribution uniformity as set for the
sSubsection (H)(3)(e)(II) 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.
(IV) The audit shall measure the operating pressure for one (1) sprinkler on each zone
to determine whether the zone meets the above pressure requirements.
(V) A copy of the sprinkler performance audit shall be submitted to and approved by
the City before issuance of a certificate of occupancy.
[NOTE: This Subsection (I) was previously Paragraph (I)(4).]
(I) Landscape and Irrigation Installation and Escrow. 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, no certificate of occupancy is authorized to be issued for any building
on any portion of a property required by this Section to have a landscape plan, unless all landscaping
has been installed according to an approved landscape plan for the property, all irrigation has been
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ARTICLE 5 – GENERAL DEVELOPMENT AND SITE
DESIGN
5-93 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
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 (2) years (Except a non-potable system shall be
warrantied and maintained for five (5) years, and if the non-potable system fails, a potable tap shall be
supplied at no cost to the City.). If such landscaping and irrigation installations have not been
completed, a certificate of occupancy may be issued upon the receipt by the City of surety in the form of
an acceptable 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 or the installation pursuant to an approved phasing plan. Such surety must 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 surety must further
guarantee the continued maintenance and replacement of the landscaping and irrigation for a period of
two (2) years after installation (or five (5) years for a non-potable irrigation system as provided above),
but the amount of the same may be reduced after installation is compl eted, to twenty-five percent
(25%) of the actual cost of such landscaping. Any surety provided pursuant to this requirement shall be
released upon certification by the Construction Inspect Manager that the required landscaping program
and irrigation system have been completed and maintained in accordance with the landscape plan.
[NOTE: This Subsection (J) was previously Subsection (O).]
(J) Soil Loosening and Amendments. For any development project, prior tobefore installation of any
plant materials, including but not limited to grass, seed, flowers, shrubs, or trees, the 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 as This 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.
[NOTE: This Subsection (K) was previously Subsection (N).]
(K) 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 and alternatives proposed and the ways in which the pl an will better accomplish the
purposes of this Section than would a plan which that complies with the standards of this
Section.
(2) Review Criteria. Staff focused in the applicable area of forestry, landscape, or irrigation must
provide a recommendation as to whether to approve an alternate plan. To approve an alternative
plan with a staff recommendation, the decision maker must find determine that the proposed
alternative plan accomplishes the purposes of this Section equally well or better than would a plan
which that 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
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ARTICLE 5 – GENERAL DEVELOPMENT AND SITE
DESIGN
5-94 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
alternative accomplishes the functions listed in Subsection (C)(1) through (7) and Subsection (H) of
this Section and demonstrates innovative design and use of plant materials and other landscape
elements.
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CITY OF FORT COLLINS – LAND USE CODE
ARTICLE 7
RULES OF
MEASUREMENT and
DEFINITIONS
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TABLE OF CONTENTS
DIVISION 7.1 MEASUREMENT
7.1.1 General.
7.1.2 Rules of measurement.
DIVISION 7.2 DEFINITION
7.2.1 General.
7.2.2 Definitions.
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ARTICLE 7 – RULES OF MEASUREMENT AND DEFINTIONS
7-2 | ARTICLE 7 | CITY OF FORT COLLINS – LAND USE CODE
ARTICLE 7
RULES OF MEASUREMENT and
DEFINITIONS
DIVISION 7 .2 DEFINITION
7.2.1 GENERAL.
For words, terms and phrases used in this Land Use Code that are not defined in Section 7.2.2 or
elsewhere in this Land Use Code, the Director shall have the authority and power to interpret or define
such words, terms and phrases. In making such interpretations or definitions, the Director may consult
appropriate secondary sources.
7.2.2 DEFINITIONS.
The following words, terms and phrases, when used in this Code, shall have the meanings
ascribed to them in this section:
Hydrozone shall mean an area within thea landscape defined by a groupingwhere a group of plants
requiring a with similar amount of water to sustain health water needs is located. For details on how this is
measured, refer to Subsection 5.10.1(D)(3). For the purposes of this Code, hydrozones are divided into the
following four (4) categories:
(A) Very low hydrozones include plantings that need supplemental water when first planted, but little or
none once established.
(B) Low hydrozones include plantings that generally do not require more than three (3) gallons per
square foot of supplemental water per year. These plantings require additional water during plant
establishment or drought.
(C) Moderate hydrozones include plantings that generally require ten (10) gallons per square foot of
supplemental water per year.
(D) High hydrozones include plantings that generally require eighteen (18) gallons per square foot of
supplemental water per year.
Mulch, inorganic shall mean loose material not derived from living matter placed on the soil surface for the
purposes of retaining soil moisture and controlling weeds, including gravel, crushed rock and river rock.
Mulch, organic shall mean loose material derived from formerly living sources placed on the soil surface for
the purposes of retaining soil moisture and controlling weeds, including shredded bark and wood chips.
Invasive plant species shall mean a plant that is not native to the state and that:
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ARTICLE # – ARTICLE TITLE
3 | ARTICLE 7 | CITY OF FORT COLLINS – LAND USE CODE
(A) Is introduced into the state accidentally or intentionally;
(B) Has no natural competitors or predators in the state because the state is outside of their
competitors' or predators' range; and
(C) Has harmful effects on the state's environment or economy or both.
Native in context with vegetation, grass, or plant shall mean any plant identified in Fort Collins Native
Plants: Plant Characteristics and Wildlife Value of Commercial Species , prepared by the City's Natural
Resources Department, updated February 2003.a plant species that occurs or could occur naturally in Fort
Collins or in Colorado without the direct or indirect influence of human actions.
Urban tree canopy shall mean the layer of leaves, branches, and stems of trees that cover the ground
when viewed from above.
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-1-
ORDINANCE NO. XXX, 2024
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
A. 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.
B. Such requirements are located in Chapter 12, Division 2 of City Code.
C. 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.
D. City staff have proposed revisions to such requirements as set forth below.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS 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.
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%
-2-
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.
(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.
-3-
(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, reduce water runoff,
and improve stormwater quality.
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%
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 Minimum 3% Maximum 10%
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(Organic Material /
Sample)
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 area where plant materials will be installed; or
(2) requires a building permit that is associated with a certificate of occupancy
and has over 1,000 square feet of area where plant materials will be installed.
(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) Soil shall not be loosened within a certain distance from the face of trees
based on the tree trunk’s diameter at breast height as set forth in the following
table.
Tree Trunk
Diameter at Breast
Height (Inches)
0” to
9”
10” to 14” 15” to 19” Over 19”
Area From Face of
Tree with No Soil
Loosening (feet)
5’ 10’ 12’ 15’
(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.
(c) Soil Amendment Standards.
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(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.
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(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 all of 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, labor shortages, or needs of the plant materials to be installed.
(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.
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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 on [fill in first reading date
MONTH DAY, YEAR], and approved on second reading for final passage on [fill in second
reading date MONTH DAY, YEAR].
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: [date]
Approving Attorney: [name]