HomeMy WebLinkAboutBuilding Review Board - Minutes - 10/25/2018City of Fort Collins Page 1 October 25, 2018
Alan Cram, Chair City Council Chambers
Tim Johnson, Vice Chair City Hall West
Brad Massey 300 Laporte Avenue
Bernie Marzonie Fort Collins, Colorado
Katharine Penning
Rick Reider Staff Liaison:
Justin Robinson Russ Hovland
Chief Building Official
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Regular Meeting Minutes
October 25, 2018
A regular meeting of the Building Review Board was held on Thursday, October 25, 2018, at
1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort
Collins, Colorado.
• CALL TO ORDER
Chair Cram was unable to attend. Acting Chair Johnson called the meeting to order at 1:06 p.m.
• ROLL CALL
PRESENT: Johnson, Massey, Marzonie, Penning, Reider
ABSENT: Cram, Robinson
STAFF: Hovland, Van Hall, Schiager, Poznanovic, Longstein
• PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
• DISCUSSION AGENDA
1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SEPTEMBER 27, 2018 MEETING.
Mr. Marzonie moved to approve the minutes of the September 27, 2018 meeting. Ms. Penning
seconded. The motion passed 3:0 with Reider and Johnson abstaining having been absent for the
September meeting.
Building Review Board
City of Fort Collins Page 2 October 25, 2018
2. IMPACT FEE UPDATE
Staff Report
Jennifer Poznanovic, Revenue and Project Manager, presented a condensed version of the staff report
from the September meeting and noted that Council supports the concept of development paying for
itself. She stated impact fees can provide revenue only for specific purposes as identified by the fee
itself.
Ms. Poznanovic outlined the Council-approved impact fees, including six capital expansion fees, which
are based on the replacement cost of existing infrastructure, five utility fees, and 45 development review
and permit fees. She outlined the fee working group's recommendations, including better
communication, outreach, and notice, highlighting the two- to four-year regular intervals for impact fee
analysis, and examining progressive fees.
Ms. Poznanovic discussed the scenarios should Council opt to not adopt the increased impact fees:
new infrastructure and service capacity would be put on hold, levels of service would need to be
lowered, and alternative revenue sources, such as tax increases, would need to be examined.
Public Input
No members of the public were present.
Board Questions and Discussion
Mr. Reider asked what feedback staff has received on the impact fee update. Ms. Poznanovic replied
she has received support of the process; however, there is not as much support for the fee increases,
although no alternative funding sources have been identified.
Mr. Reider asked about operations and maintenance funding for existing facilities and infrastructure.
Ms. Poznanovic replied that is a bit outside of the scope of this item as it relates to new growth paying
for new facilities and infrastructure and impact fees are increasing due to replacement costs.
Mr. Johnson stated the methodology of this makes sense; however, not having the entire budget story
makes it difficult to make a decision on the impact fee increases. Ms. Poznanovic replied she would
share the fee position paper with the Board to provide additional detail.
Mr. Reider complimented the process and staff's openness and interest in feedback. He stated he is
confident in supporting the staff recommendation given his trust in staff and the process.
Mr. Massey asked about the opinions of the Affordable Housing Board. Ms. Poznanovic replied the
Board was in favor of looking at more progressive fees and additional levels for fee waivers as well as
the policy components and levels of service requirements. She stated the Board was generally in favor
of the process and its transparency.
Mr. Marzonie asked if there were solid numbers as to the impact of a tax increase should these fee
increases not occur. Ms. Poznanovic replied that exploration of tax increase options would be the
recommendation if there is inadequate support to update these fees to ensure levels of service are
maintained for future growth.
Mr. Reider commented that implementing additional property taxes would change the philosophy to
require the whole community to pay for growth rather than growth paying for itself.
Board Deliberation
Mr. Reider moved that the Building Review Board express support for the process of the Impact
Fee recommendations.
Mr. Marzonie seconded. The motion passed 5:0.
3. 2018 I-CODES ADOPTION
Staff Report
Mr. Hovland presented the staff report and discussed each International Code being adopted. He noted
the 2015 Codes were adopted late, in 2017, and the goal is to implement a regular adoption schedule
every three years and to adopt the new Codes within 12 months of issuance.
City of Fort Collins Page 3 October 25, 2018
Advantages of this schedule will be to minimize the impacts of changes and lessen the degree of
construction cost increases as well as lessen ISO insurance rates.
Mr. Hovland discussed the process involved in examining the Codes for adoption, which began with
the formation of a committee of staff and stakeholders to review the Codes and local amendments. He
noted many of the local amendments are now in the Code which allowed about 1/3 of local amendments
to be deleted.
Mr. Hovland highlighted some proposed local amendments to the Codes. For the International Building
Code IBC, an amendment is planned to require a recycling chute next to any provided trash chute in
multi-story, multi-family buildings.
Additionally, for multi-family buildings, 10% of parking spaces must have a conduit from the electrical
room to the front of the parking space for the purpose of installing electric vehicle charging equipment
in the future. Mr. Johnson expressed concern about the requirement causing a spider web effect in a
small space. Mr. Hovland replied the Committee left flexibility on how the goal is achieved.
Mr. Hovland stated an emergency no-fee repair permit for disasters will be added to the IBC as well.
Mr. Hovland discussed minimal changes to the International Residential Code.
Mr. Hovland went on to discuss changes resulting from yesterday's final Committee meeting, one of
which involved sprinkler requirements for in-home daycares of 5 or less children. The City does not
receive notification of daycares as they are state regulated facilities; therefore, staff worked with Fire
Chief Poncelow to remove the requirement as the home is not changing occupancy and there are 5 or
less children. Mr. Reider expressed support for the change and Mr. Hovland noted there are other
state fire requirements for such daycares.
Mr. Hovland stated City Council has asked about roof shingle waste over the last few years given the
number of hail storms. Staff found construction materials, including shingles, make up 50% of landfill
materials and there is no place for shingle recycling in Northern Colorado. The Committee discussed
impact-resistant shingles at its meeting yesterday and ultimately voted to bring a local amendment to
require class four impact-resistant shingles for all asphalt roofs. Mr. Hovland noted the class four
shingles would likely still be destroyed in very severe hail storms with larger than golf ball size hail.
Mr. Reider expressed support for this amendment and asked if a re-roof would also require the class
four shingles. Mr. Hovland replied in the affirmative.
Mr. Reider mentioned homeowner's insurance policies can include riders for Code updates which would
enable homeowners to get replacement class four shingles. He suggested staff notify area insurance
agents.
Mr. Massey asked for more detail about class four shingles. Mr. Hovland described the testing process
and stated there are two types of class four shingles, one with a rubber backing and one with a
fiberglass backing. The rubberized-backed shingles have been found to be much more storm resistant.
Mr. Massey asked if it is assumed an older roof structure could handle the weight of class four shingles.
Mr. Hovland replied the Committee did not examine the potential weight of the shingles but stated older
buildings with 2x4 rafters may need to be examined. He noted there is currently no requirement for a
structural analysis unless the roof is concrete tile.
Ms. Penning expressed concern with imposing the requirement on older homes. Mr. Hovland replied
he would be more concerned with the weight issue if roofs were getting an overlay. He noted the
current Code only allows two layers and suggested language could be added to the amendment to
require structural evaluation if an overlay is planned.
Mr. Hovland stated the next local amendment is to change the showerhead flow rate from 2.0 gallons
per minute to 1.8 to lower water consumption. The estimate for water savings at total City build-out is
1.8 million gallons per year. Mr. Reider asked if the Committee considered longer shower use if the
flow is decreased. Mr. Hovland replied the Committee ultimately felt the savings was still worth the
change and stated the amendment can be reversed in three years if it is found to be an issue.
Mr. Hovland noted water conservation staff wanted to require low-flow toilets as well; however, the cast
iron and clay sewer systems do not allow waste to get to the main sewer line with these low-flow toilets.
Instead, staff opted to require increased MaP scores, which provide an indication of flush performance.
City of Fort Collins Page 4 October 25, 2018
Mr. Reider asked if the City has any plans to research the regulation of flushable wipes. Mr. Hovland
replied that issue will be examined over the next three years prior to the next Code cycle.
Mr. Hovland stated the last local amendment was a request from the Commission on Disability involving
an increase to the 30" width required for roll-in showers in multi-family buildings. The Commission
requested an increase from 30" x 60" to 36" x 60" minimum.
Mr. Marzonie asked about the number of accessible units required in multi-family buildings. Mr.
Hovland replied buildings of 26 units must provide one roll-in shower, 55 or 56 units must provide a
second, etc. The number of showers required will not change as part of this amendment.
Mr. Hovland reviewed the timeline for adoption of the Code changes.
Public Input
No members of the public were present.
Board Questions and Discussion
There was no further discussion.
Board Deliberation
Mr. Massey moved that the Building Review Board recommend the City adopt the 2018
International Codes with the local amendments as discussed.
Mr. Reider seconded. Motion passed 5:0.
4. NEW BUILDING ENERGY SCORING REQUIREMENTS
Staff Report
Kirk Longstein, Energy Services Project Manager, presented the staff report. He provided some
background for the Building Energy Scoring (BES) initiative.
Mr. Longstein described the three components of BES: Benchmarking, Reporting and Transparency.
Benchmarking would require building owners to collect energy and water usage data and enter it into
the online EnergyStar Portfolio Manager tool. Reporting would require building owners to report the
data annually to the City where it would be verified. Transparency makes the scores publicly available.
Mr. Longstein explained the phased implementation approach. Phase 1 would be for commercial
buildings, not including industrial, with Benchmarking occurring in 2019, Reporting in 2020, and
Transparency beginning in 2021. Multi-family buildings, which refers to large apartment or
condominium complexes, would follow the same timeline, but one year later.
He discussed consequences of non-compliance, which would include notifications and warnings for 12
months after the reporting is due, followed by a $1,000 fine 60-90 days after the 12-month period.
Exemptions and variances from the plan will be offered for industrial buildings, financial distress, partial
occupancy and new construction. Other hardship scenarios will be subject to review on a case-by-
case basis through an appeal process.
Public Input
No members of the public were present.
Board Questions and Discussion
Ms. Penning asked about the new construction exemption. Mr. Longstein explained this was to allow
time to collect a year’s worth of data after the Certificate of Occupancy is issued and reach greater than
60% occupancy.
Ms. Penning asked if the City would be providing the data collection and reporting tool. Mr. Longstein
explained the City would provide training and would have support staff available to use the online
Portfolio Manager.
Mr. Reider asked how building owners can access usage information since federal laws prohibit Utilities
from disclosing tenant energy use, and who would pay for the data collection. Mr. Longstein said the
intent is to make the information more readily available by providing aggregate anonymized data for
buildings with four or more tenants. He said the only cost to building owners would be the staff time,
City of Fort Collins Page 5 October 25, 2018
which is estimated to be four hours the first year and one to two hours for each subsequent year. Mr.
Longstein said the City will validate the data through spreadsheet automation using existing staff
resources.
Mr. Massey asked whether the City intends in the future to require building owners to make changes
to reduce usage. Mr. Longstein said that is not the intent of this proposal, but he can’t predict the
actions of a future Council.
Mr. Massey asked how building owners with fewer than four tenants can access usage data, and who
would be responsible for data collection and reporting in a co-ownership situation. Mr. Longstein stated
an owner of the building can get easily obtain aggregated data from City, while Xcel has a consent form
process which might be more challenging. A shared ownership group can designate someone to be
the responsible party.
Ms. Penning asked if the data can be auto-generated rather than manually entered. Mr. Longstein said
this was possible with City Utilities, but not with Xcel, adding that engagement with the utility bills is
what leads to behavioral savings. Ms. Penning expressed concern that building owners may opt to pay
the fine in lieu of participating. Mr. Longstein stated non-participation may impact a building owner’s
ability to be competitive in the market.
Mr. Johnson asked why the owner is responsible for reporting and not the tenant. Mr. Longstein said
the market places value in the transparency of information which can serve to incentivize the owner,
but tenants are unlikely to make improvements on a rental.
Mr. Reider said he would not support this initiative without much more information about the program,
its components and the costs. As a building owner who would be personally impacted by the program,
he will abstain from voting.
Mr. Massey expressed concerned about the uncertainties involving co-ownership.
Mr. Johnson sees value in the idea of scoring but is concerned it would become punitive and feels there
is a lack of well-defined specifics.
Mr. Marzonie asked what feedback has been offered from other groups. Mr. Longstein shared that
they have heard concerns about the time and cost involved, the impact on affordability, difficulty
accessing data and fear of additional regulation in the future. He has also heard that this is a way for
businesses to differentiate themselves in the market, adding that many national brands and big box
retailers have already been voluntarily participating for years.
Mr. Marzonie asked if there was a possibility of starting as a voluntary program. Mr. Longstein said
there is a high cost for incentives to make voluntary programs successful. Other communities who
started with voluntary programs have moved to mandatory programs due to issues with predictability
and insufficient mass of data.
Mr. Reider said people choose a building based on location, rather than minor variations in utility cost.
He would be willing to entertain further should they come back with additional information.
Board Deliberation
Mr. Reider moved that the Building Review Board abstain from making a recommendation for
or against Building Energy Scoring Requirements.
Mr. Marzonie seconded. The motion passed 5:0.
5. 2019 WORK PLAN
Staff Report
Mr. Hovland presented the proposed work plan.
Public Input
No members of the public were present.
Board Questions and Discussion
Mr. Reider asked a committee would be formed to work on the Property Maintenance Code. Mr.
Hovland stated he will explore that. Mr. Reider requested written copy for input.
Board Deliberation
Mr. Massey moved that the Building Review Board approve the 2019 Work Plan as presented.
Ms. Penning seconded. The motion passed 5:0.
• OTHER BUSINESS
None
• ADJOURNMENT
Acting Chair Johnson adjourned the meeting at 3:05 p.m.
Minutes respectfully submitted by Gretchen Schiager.
Minutes approved by a vote of the Board on -J Q.g /11.
~~ial Alan Cram, Chair
City of Fort Collins Page 6 October 25, 2018