HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - ITEMS RELATING TO UPDATES TO FORT COLLINS UTILITIE Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 21, 2021
City Council
STAFF
Abbye Neel, Interim Water Conservation Mgr.
Liesel Hans, Interim Deputy Utilities Director
Eric Potyondy, Legal
SUBJECT
Items Relating to Updates to Fort Collins Utilities Water Supply Requirements.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 119, 2021 Amending Chapter 26 of the Code of the City of Fort Collins
to Make Various Changes to the Requirements and Fees for Water Service.
B. First Reading of Ordinance No. 120, 2021 Making Various Amendments to the City of Fort Collins
Land Use Code Regarding Landscape Water Use.
The purpose of this item is to approve changes to Fort Collins Utilities (Utilities) Water Supply Requirements
(WSR) calculations. Updates require changes to Chapter 26 of City Code and Section 3.2.1 of the Land Use
Code (LUC). The goals of these changes include increasing the precision and equity of the calculations, while
encouraging water efficient designs in developments by accounting for more development site characteristics
(e.g., business type, landscape type) when calculating WSRs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading .
BACKGROUND / DISCUSSION
Water Service Providers in Fort Collins
Utilities water service area covers the central portion of Fort Collins. Utilities supplies water to approximately
75% of residents and business within the Fort Collins city limits. Water service in the surrounding areas is
provided by other water providers, including water districts like the East Larimer County Water District (ECLO)
and Fort Collins-Loveland Water District (FCLWD). (Attachment 1) Each water service provider has their own
drivers (sources of supply, water rights, development patterns) that deter mine their WSR calculations and the
policies, options, and costs for meeting their WSR.
For this proposal, all proposed concepts only apply to the Utilities water service area.
Key Terms and Definitions
A complete list of terms and definitions has been included.(Attachment 2)
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Developers, including greenfield development and redevelopment, must meet a Water Supply
Requirement:
• Water Supply Requirements (WSR): A requirement for water service from Utilities. A WSR accounts for
the additional water demand, defined in gallons or acre-feet of water, brought into the Utilities water
service area by a new development or redevelopment. The developer satisfies a WSR by paying a cash -
in-lieu of water rights fee to Utilities or using existing credits and water certificates. The WSR has
historically also been met by conveying water rights to Utilities, though that is being phased out. This
provides the revenue to develop reliable water resources for the development, including water rights and
associated infrastructure. WSRs are in line with the City’s approach that development pays for itself.
• Cash-in-lieu (CIL) fee: A developer can meet a WSR by paying cash. The cash-in-lieu fee is based on the
cost to meet future water needs and includes the expected cost to acquire water rights and associated
infrastructure. The current cost is $42,518 per 325,851 gallons (1 acre -foot) of use at the tap and is
updated every two years. While not a part of this proposal, there is a related effort to update the CIL cost
which will be presented to Council in a separate Ordinance on November 2, 2021.
Post-development, Utilities customers have an annual allotment of water and may face Excess Water
Use surcharges. NOTE: These are not the focus of this item. They are, however, related and it is important to
understand the connections.
• Allotments: All non-residential taps (commercial businesses and irrigation taps) installed after March 1984
have an annual allotment (volume of water in gallons) that is based upon the WSR that wa s satisfied at the
time of development or redevelopment. Only about 1,000 or 33% of commercial customers have
allotments. Customers can pay additional cash-in-lieu to increase their allotments at any time.
• Excess Water Use surcharge: Non-residential taps with allotments face this surcharge if their annual
water use exceeds their allotment. This charge is in addition to the standard water use rates. The
surcharge provides revenue to purchase additional water rights and/or infrastructure to account for the
additional water demand over the allotment and therefore over the WSR satisfied for the property. The
surcharge is based on the cash-in-lieu fee. The surcharge is currently $10.39 per 1,000 gallons over the
allotment and is updated every two years. About 300 non-residential customers pay surcharges each year.
Customers who exceed can take advantage of a variety of programs to mitigate costs, including the
Allotment Management Program. While not a part of this proposal, there is a related effort to update t he
surcharge cost which will be presented to Council in a separate Ordinance on November 2, 2021.
DRIVER - OUTCOMES - BENEFITS___________________________________________________
Utilities is responsible for ensuring our customers have enough water today and into the future.
Utilities upholds the City approach that development and redevelopment pay their own way. As the costs of
acquiring and developing water resources have increased, the costs to secure water for the additional demand
have increased, too. Since 2018, there has been a significant increase in both the cash-in-lieu fee and
surcharge. This is not unique to Utilities - all water providers across the Front Range are facing a significant
rise in costs. Most water providers are shifting to plan for populations much larger than previously expected,
and at the same time, climate change is dramatically increasing the demand and variability in water availability
from year to year. Responsible water management is essential to meet the needs of Fort Collins today, and to
maintain our quality of life into the future.
The current WSR system uses tap size to determine the WSR for all non -residential developments. This
can be problematic because tap size is determined by peak daily demand, which does not a lways correlate to
annual water demand. Additionally, within a tap size, the current WSR calculation methodology is based on the
average annual demand for all customers who currently have that tap size. Within any given tap size, there are
many different business types, including mixed-use taps and irrigation taps that serve a variety of different
sizes and types of landscapes that are all treated the same. Since it is an average, some development’s actual
water use is above the WSR and some is below. This creates equity issues for developers and customers
alike; it means some developments subsidize other developments. And, in situations where the WSRs are too
low relative to the property’s actual water use, the allotments are also too small, placing the bur den on the
customers, who may have to pay substantial surcharges each year.
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The proposed update can help Utilities, developers, and customers (the water users) by requiring a
WSR volume much closer to the water demand that the property is predicted to us e. This will minimize
mismatches between actual use, the WSR, and the customer’s allotment. This is also the first WSR update
that incentivizes water efficiency and innovation. Addressing these opportunities now can ensure the utility and
the community are proactively implementing measures to meet future needs and manage increasing costs,
while ensuring the problem of mismatched allotments and WSRs are not perpetuated into the future. The
proposal aims to meet these needs by:
• Increasing Accuracy and Precision: In response to the rising costs of water, adjusting WSRs to be more
data-driven, detailed, and reflective of development-specific demand is becoming an industry standard.
Increased precision and accuracy benefits Utilities, developers, and customer s by ensuring WSRs, costs,
and allotments are truer to the specific development’s predicted water use.
• Improving Equity: Increased precision leads to increased equity by ensuring each developer pays their
fair share. By better connecting the WSR calculation to expected water use, Utilities ensures each
developer pays their share of costs to acquire and develop additional water resources and makes it less
likely that a development will pay too much or too little. It will also improve equity for the actual water
users, our Utilities’ customers, by ensuring they are not left facing an allotment that is too small for their
water needs.
• Promoting water efficiency and innovation: Aligning WSR calculations to demand allows highly efficient
developments, with lower water demand, to pay less, creating a cost incentive for more water-efficient
designs. From the perspective of both Utilities and developers, integrating efficient design strategies at the
time of construction is one of the most efficient and cost-effective strategies for managing water demand.
Efficient designs also benefit the customer by lowering water bills.
HISTORY___________________________________________________________________________
• 1960: Initiation of WSR (previously called “raw water requirements”). Two-acre-foot equivalent of water
rights is required for every one acre developed. WSRs can be met via dedication of water rights or cash -in-
lieu.
• 1960 - 1984: Minor, intermittent updates reflecting changing use patterns and costs to deve lop water
supplies and associated infrastructure.
• 1984: In response to more commercial development, WSR calculations are now based on tap size. First
year that non-residential developments are assigned allotments based on their WSR.
• 1984 - 2018: Minor updates to the cash-in-lieu fee, surcharge, and WSRs to reflect changing use patterns
and costs to develop water supplies and associated infrastructure.
• 2018: Significant updates to WSR calculations, cash-in-lieu fee, and surcharge in response to rising cost of
water resources. Included a 166% increase to the cash -in-lieu and surcharge. Customers with allotments
experience an increase in surcharges from an average of $1,500 to $4,000 per year. Analysis reveals that
some exceedances are because the original WSR and the resulting allotment being too low for the
property’s water use, even if the customer is efficient. This flagged the need to improve the precision and
equity of WSRs and allotments.
• 2019: Council approved the creation of the Allotment Management Program (Ordinance No. 50, 2019).
This program provides existing customers a temporary waiver from surcharges while they implement a
long-term water reduction project that will mitigate all or a portion of the surcharges permanently. Staff
launches effort to update the WSR calculations for new developments and re-developments.
PROPOSED APPROACH - WATER SUPPLY REQUIREMENT CALCULATIONS__________________
A summary of the current and proposed systems is found in Table 1: Current and Proposed WSRs . Staff
presented these details at the May 11, 2021 Council Work Session (Attachment 3). Since the work session,
staff has completed outreach and education to impacted stakeholders and presented to other Boards and
Commission. Overall, feedback from these efforts was positive and supportive. As a result, no changes have
been made to the proposal content.
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Table 1: Current and Proposed WSRs
Sector Current calculation is based on: Proposed new concept is based on:
Residential Number of Bedrooms + Total Lot Size Number of Bedrooms + Outdoor Area Only
Multifamily Number of Bedrooms + Total Lot Size Number of Bedrooms*
Commercial Tap Size Business Type*
Irrigation Tap Size Landscape Type
*All multifamily and commercial developments would be required to have a separate irrigation tap and
meet an irrigation specific WSR and PIF.
Some potential impacts of the proposed concept include:
• Resource Implications: In alignment with industry best practices, the proposed concept requires
additional information (e.g., outdoor area square footage, business type, and landscape type) to better
predict the development’s future water demand. As a result, developers will be required to provide
information at different points and, sometimes, earlier in the development review process. More staff
resources will need to be dedicated for review and enforcement.
• Cost Implications to Developer: In the proposed concept, water-efficient developments and
developments with lower water demand will pay less, while less efficient developments and developments
with higher water use, will pay more. While some developments will pay more in the proposed concept
compared to the current system, the changes aim to increase precision and equity by better connecting the
WSR calculation to expected water use and, as a result, ensure each developer pays their share of costs
to acquire and develop additional water supply.
• Customer Implications: While these changes are focused on development and redevelopment and,
therefore, have the largest impact on the development community, the changes indirectly affect customers
by creating more accurate allotments. Better alignment between allotments and water use decreases the
likelihood the actual water user, the customer, will incur large surcharge bi lls due to an allotment that does
not match the development’s water need. To prevent all surcharges, customers will still have to manage
water use wisely by avoiding excessive water use, inefficient practices, and leaks.
MORE DETAILS
More details about each sector are described below. Referenced equations can be found in Attachment 4.
Non-residential (Commercial and Irrigation)
As described earlier, the current WSR is based only on tap size, customers can have mixed use taps (outdoor
and indoor use on the same tap), and tap size is determined by peak daily demand, which is largely
uncorrelated with actual annual water use. The WSR amount is based on a historical average of all non-
residential customers with the given tap size, which includes a mix of c ommercial businesses, irrigation, and
mixed-use taps. There is a wide variation of annual water demand in each tap size. The new approach
proposes eliminating mixed-use taps and separately predicting the WSR for commercial and irrigation. To this
end, the new approach proposes that all commercial businesses and multifamily developments with landscape
irrigation have a separate irrigation tap unless there is very minimal irrigation water use (less than 30,000
gallons per year).
• Commercial WSR: The new concept for commercial development calculations is based on business type
and size of the business instead of tap size. This indicates different types of businesses have different
water demands (e.g., retail vs. restaurant water use). In the proposed concept , common business types
have an assigned WSR value that was calculated using a predictive model informed by Utilities’ water use
data and other information. High-water-use businesses and businesses that do not fit into an assigned
category would be required to submit an engineered estimate that outlines estimated annual water use.
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Table 2: Proposed Commercial WSRs is a draft of business types and corresponding WSRs:
Table 2: Proposed Commercial WSRs
Draft Business Type Draft Proposed WSR
Auto Retail 5 gal/sq ft
Auto Service and Repair 8 gal/sq ft
Car Wash (self-serve and bays only) 221,100 gal/bay
Car wash (drive thru conveyor only) 1,500 gallons per square foot of building
Childcare 28 gal/sq ft
Gas Station w/o Car Wash 44 gal/sq ft
Grocery 25 gal/sq ft
Hospital Case by Case
Hotel 23,300 gal/room
Industrial/Manufacturing Case by Case
K-12 Schools 11 gal/sq ft
Medical Office 33 gal/sq ft
Nursing Homes Case by Case
Office 7 gal/sq ft
Place of Worship 10 gal/sq ft
Recreation 36 gal/sq ft
Restaurants 145 gal/sq ft
Retail 5 gal/sq ft
Other Case by Case
In this proposal, if a 100,000 square foot retail space was developed, the WSR would be calculated by
multiplying 100,000 sq ft x 5 gal/sq ft, resulting in a 500,000 gallon WSR. Post -development, the customer
would then also have a 500,000 gallon annual allotment. No approach or calculation methodology will be
perfect. We know there will be variation within a business type and year -to year for a given business (e.g.,
not all 100,000-square-foot retail spaces use the exact same amount of water, nor does one customer use
the same amount of water each year), however the proposed approach addresses more variability than the
current tap size system, resulting in a more accurate WSR and allotment, which benefits the end-user.
• Irrigation WSRs: The new concept for new landscape calculations is based on the amount of water
needed by different categories of landscapes. This will reflect that some plants require more water in our
semi-arid climate, while other plants require less water. The best tool to accomplish this is a Water Budget,
which breaks down landscape types by estimated water use instead of tap size.
The Water Budget in Table 3: Example Irrigation WSRs is made up of four different categories. Plants
are grouped into each category depending on their annual water need as defined by the City of Fort
Collins Plant List and industry standards. The Water Budget table is already a required element in section
3.2.1 of the City’s Land Use Code (LUC) for all Landscape Plans, making this an easy approach to
implement. To properly align industry standards, water use data, and reflect plant water needs values
defined in section 3.2.1(E)(3) of the LUC are proposed to be updated to the values liste d in Table 3. The
WSR would be based on the total estimated annual water use found in the table. A separate table would
be required for each tap. This proposed approach is already widely used by landscape architects, irrigation
system designers, and landscape managers.
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Here is an example to illustrate how it would work:
Table 3: Example Irrigation WSRs
Water Budget Table Example development w/ 7,000 square feet of
landscaped area
Water Use Updated
Water Value
(gal/sq ft)
Square Feet Water Requirement (gal)
High 18 5,000 90,000
Medium 14 1,000 14,000
Low 8 1,000 8,000
Very Low 3 0 0
Estimated Annual
Water Use (gal)
112,000
In the example above, the developer would need to satisfy a WSR of 112,000 gallons. Post -development,
this WSR would be translated into a 112,000-gallon allotment for the customer. Like the shift to business
type, the Water Budget approach does a better job accounting for different water demands by relying on
landscape type rather than tap size, resulting in a more accurate WSR and allotment, which ultimately
benefits the utility and the end-user. Additionally, in this model, lower water use landscapes will pay less,
incentivizing efficient landscape design and creating more options and control over costs for developers.
Finally, if there is very minimal landscape irrigation (less than 30,000 gallons per year) a separate
landscape tap will not be required to help mitigate costs in situations when there is very little outdoor
irrigation.
• Residential (2 units or less) and Multifamily (3 units or more): The current calculation for residential
and multifamily WSRs is based on the number of bedrooms and total lot size per development. Number of
bedrooms aims to estimate indoor water use by approximating occupancy, and the lot s ize aims to
estimate outdoor water use. Staff revaluated these assumptions and explored other variables (e.g.,
building square footage, number of bathrooms) to identify stronger predictors for water use. Given current
data availability and analysis, models continue to show that number of bedrooms is the strongest predictor
for indoor water use in residential and multifamily settings. Lot size, however, is no longer the best
predictor for outdoor water use.
The proposed concept for updating outdoor water use calculations in each sector is:
o Residential (2 units or less): To reflect variations in outdoor irrigable area, staff recommends using
outdoor area as a predictor of outdoor water instead of lot size. Outdoor area is a better predictor of
outdoor water use and also accounts for the variability of lot designs (e.g. a 7,000 square foot lot with
1,000 vs. 5,000 square feet of outdoor area). Additionally, this change allows for the possibility of
indoor-only taps when there is no outdoor irrigation.
o Multifamily (3 units or more): Due to the size and set up of multifamily developments, staff
recommends requiring a separate irrigation tap that meets the irrigation sector requirements,
described above, to account for outdoor water use in multifamily sett ings. This change will allow for
better water management, proper tap sizing, and more accurate calculations.
As a reminder, residential and multifamily WSRs are not translated into annual allotments. Only non-
residential (commercial and irrigation) customers have allotments.
ADDITIONAL SUPPORTING UPDATES________________________________________________
Several other items were identified as essential complements to the proposed WSR updates. These include:
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• Update WSR calculations every two years: To ensure WSRs reflect best practices and new building
efficiencies, staff proposes WSR calculations be revisited and updated every two-years.
• Water Supply Factor: Various factors affect Utilities’ ability to always reliably deliver water to taps. Some
factors include: annual variation in water right yields, losses between water sources and taps, different
sources of water supply, and annual variation in water demands. Historically the WSRs accounted for
these factors by multiplying the water demand at the tap by the water supply factor, valued at 1.92. Utilities
now can better represent these factors and simplify WSR calculations by incorporating them directly into its
modeling system and the Cash-In-Lieu fee. As a result, the water supply factor is propos ed to be
eliminated as a separate term in the WSR calculations. This will align WSR calculations to customers’
allotments, aims to eliminate intermediate calculations, and creates greater transparency around how we
calculate and determine the cost of delivering firm water supply at the tap.
• Certificate and Credit holders: While not common, there are approximately 130 water credits or
certificates for customers who have already provided water rights or cash. These credits and certificates
were established prior to these proposed changes when the 1.92 water supply factor was included. All
certificate and credit holders received communications notifying them of the proposal. Based on feedback
from some certificate/credit holders, previous agreements, and to maintain the same relative value in the
current and future systems, staff proposes to continue to apply the water supply factor of 1.92 to the WSR
calculations for all certificate and credits issued before January 1, 2022. In the assignment of annual
allotments for non-residential customers, the 1.92 factor is not applied and so would not increase the
annual allotment.
• Water Plant Investment Fees (WPIFs): Water Plant Investment Fees (WPIFs) are the other large
component of water development fees and cover the transmission, treatment, and distribution of water.
Currently, there is one non-residential WPIF that is applied to both irrigation and commercial taps. To align
WSR and WPIFs, staff proposes separating the non-residential WPIF into a commercial WPIF and
irrigation WPIF. Compared to today’s rates, commercial indoor WPIFs will decrease in cost by roughly
50%, while irrigation WPIFs will increase by 50%. While not a part of this proposal, additional changes to
WPIF costs will be presented to Council in a separate Ordinance on November 2, 2021.
• Surcharge Waived for Landscape Establishment: Native and water-wise landscapes require up to three
years of supplemental water to become fully established. To account for this establishment period, staff
proposes waiving the surcharge for the first three years. During this time, customers would still pay
standard water rates but would not pay any surcharges if they exceed their allotment.
• Non-Residential (Commercial and Irrigation Only) Alternative Complianc e: To encourage innovative
and efficient design, staff proposes an alternative compliance option for non -residential designs to meet a
lower WSR if they provide an engineered estimate that demonstrates lower water use. Currently, staff
recommends to only provide alternative compliance for non-residential customers because there are
limited tools to regulate alternative compliances in residential settings. See “Next Steps” for additional
information.
• Redevelopment: Currently WSRs are only evaluated in redevelopment scenarios when a new meter is
installed. No evaluation takes place if there is only a change of use (e.g. retail space is redeveloped into a
brewery). To account for these situations, staff proposes including a WSRs revaluation any time a chang e
of use permit is filed with the building department. In the future, if a development has a higher water need,
they will be credited for the current WSR and required to meet the difference to satisfy the higher WSR. If
the future development has a lower water need, they will not be required to meet any additional WSRs,
and their WSR and allotment will stay the same (i.e., it will not be lowered).
REGIONAL COMPARISONS__________________________________________________________
While each water service provider has their own drivers for determining WSR calculations, the proposed
methodology is largely aligned with others in the region.
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Table 4: Regional WSR Comparisons highlights differences and similarities amongst neighboring
communities. Within the table, green aligns with the proposed changes, yellow is closely aligned, and red does
not align. As costs continue to rise, and the need to plan and manage water demand increases, it is expected
that more water service providers will move toward industry best practices and adopt similar approaches.
Table 4: Regional WSR Comparisons
Separate
Irrigation Tap
Irrigation Residential and Multifamily Non-residential
Utilities Current No Tap Size SF: Beds + Lot Size MF:
Beds + Lot Size
Tap Size
Utilities
Proposed
Yes Water
Budget
SF: Beds + Outdoor Area
MF: Beds + Lot Size
Business Type
FCLWD* Yes Tap size SF: Lot size MF: # units Tap size
ELCO** Yes Water budget SF: Lot size MF: # units > 0.75’’ tap = Case by
case
Westminster Yes Water budget SF: Bed/Bath + Irrigation Area
MF: Bedrooms
Business type
Greeley Yes Water budget SF/MF: Lot size Business type
Boulder Yes Water budget SF/MF: Bedrooms + Irrigation
Area
Fixture Counts
Loveland Highly
Encouraged
Water budget SF/MF: Units + Lot Size Tap size
*FCLWD: Fort Collins Loveland Water District
**ELCO: East Larimer County Water District
STRATEGIC ALIGNMENT ____________________________________________________________
The proposed approach is aligned to a variety of plans and strategic objectives that t ouch many areas across
the organization, community, and state.
• City Strategic Plan (2020): The City Strategic Plan provides a vision and framework for the City of Fort
Collins. It outlines a variety of goals including: to provide a high-quality water supply, to foster infill and
redevelopment opportunities, and to invest and maintain utility infrastructure and service while ensuring
predictable utility rates. The proposed updates align to these objectives, and others, by increasing the
precision and ability to plan, improving equity amongst customers, and encouraging water-efficient and
innovative design.
• City Plan: The City Plan provides a coordinated and cohesive set of policies to support ongoing climate
adaptation and resilience planning throughout the community. The proposed WSR updates support these
goals by responsibly managing water resources, reducing water use in new developments, and
encouraging development that reduces the impact on Fort Collins ecosystems.
• Water Efficiency Plan: The 2015 State- and Council-approved Water Efficiency Plan outlines a goal to
reach 130 gallons per capita per day (gpcd) by 2030. The plan also outlines various levels of opportunity,
including promotion of greater outdoor water efficiency, greater integration of water efficiency into land use
planning and building codes, and expansion of commercial and industrial strategies. The WSRs are in
direct support of these goals.
• Nature in the City: In 2015, Council adopted the Nature in the City Strategic Plan, w hich establishes a
vision, goals, and policies to enhance habitat within our urban environment and access to nature for all
community members. The proposed WSR updates support these goals by encouraging efficient landscape
design throughout the community, particularly on private property.
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• Housing Strategic Plan: The 2021 Housing Strategic Plan is a strategy for “everyone in Fort Collins to
have healthy, stable housing, they can afford.” The plan describes goals to achieve this vision, including
addressing opportunities with water costs and housing. The proposed WSRs support these goals by more
closely aligning costs to a development’s water use and encouraging efficient design.
• Colorado Water Plan: The 2015 Colorado Water Plan is the State’s roadmap to sustainable water
management. The plan outlines various objectives to meet future demand. The proposed WSR updates
align with the plan’s goals by encouraging municipal conservation and efficiency planning and land use
water planning.
NEXT STEPS________________________________________________________________________
Related Upcoming Efforts:
• November 2 Cash-in-lieu and Water Plant Investment Fee Updates: While not part of this proposal,
increases the Cash-In-Lieu payment and Water Plant Investment Fees will be proposed to Council on
November 2, 2021, as part of the 2022 Budget City Annual Appropriation Ordinance.
Related Future Efforts: The effort to create this proposal highlighted several additional opportunities for
potential next steps to further improve processes and policies to benefit both Utilities and our customers. To
address these opportunities, as well as additional work items, including Council Priorities, additional resources
may be needed, especially for projects that require work from similar Staff and teams:
• Assign allotments to all non-residential customers: About two-thirds of all non-residential customers
do not have an allotment and are not subject to surcharges. This means only some customers are paying
the surcharge when they use more than what was provided at the time of development. To create financial
equity, and ensure all customers are subject to the same surcharges and fees, staff proposes exploring
options to assign allotments to all non-residential customers. Other water providers have taken steps to
remedy similar inequities across their customers.
• Explore alternative compliance for single and multifamily developments: To further support
opportunities for efficient and innovative design, while also mitigating r isks to Utilities’ planning and cost
recovery, staff proposes to explore how to allow an alternative compliance option for residential and
multifamily sectors.
• Reevaluate Water Plant Investment Fees (WPIFs): To improve precision and equity, staff proposes
applying a similar evaluation to WPIFS, the other large component of a developer’s water costs. WPIFs
are currently based on tap size, which is determined by peak daily demand.
• Update Relevant Plans and Policies: Staff is planning to update the Water Supply and Demand
Management Policy (“Policy”) and the Water Efficiency Plan (WEP) in 2023 -2024. This effort will integrate
the potential impacts of climate change and other vulnerabilities (per the 2019 Water Supply Vulnerability
Study) to determine new planning criteria around our water supply reliability (e.g., frequency of water
restrictions, etc.).
CITY FINANCIAL IMPACTS
The proposed changes create a net neutral impact to Utilities finances; the changes are refinements of the
current calculations and build upon existing practices. While lower water use developments would pay less,
high water use development would pay more. As a result, there is a neutral impact to Utilities’ finances.
BOARD / COMMISSION RECOMMENDATION
• The Natural Resource Advisory Board voted to write a memo of support, with a recommendation for an
amended version of the proposal that addresses allotments for all customers, more conservation
incentives, including the exploration of graywater and WSRs, and ensuring water efficienc y practices are
adopted across all City facilities at the June 16, 2021 , meeting. Staff provided a follow-up response with
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next steps to the Board on August 30, 2021. If adopted, staff will explore each of these items, the first of
which includes graywater incentives scheduled for discussion at the November 9, 2021, work session.
(Attachment 5)
• The Planning and Zoning Commission voted to unanimously recommend Council adopt the proposed LUC
updates at the July 9, 2021, Planning and Zoning Hearing. (Attachment 6)
• The Water Commission voted to unanimously recommend Council adopt the proposed updates at the
August 19, 2021, meeting. (Attachment 7)
• The Building Review Commission voted to unanimously recommend Council adopt the proposed updates
at the August 26, 2021, meeting. (Attachment 8)
• The proposal was also discussed at a Super Issues meeting on April 26, 2021. All Boards and
Commissions were invited to attend and participate at this event. A few notable comments and
suggestions include:
o Overall support changes, especially requiring separate irrigation tap, due to increased precision of
calculations and promotion of water efficient design.
o Desire to include alternative compliance for single and multifamily developments in future WSR update
efforts and explore alternative methods of incorporating more efficient design in future updates.
PUBLIC OUTREACH
Staff has completed extensive internal and external outreach, summarized below. Staff are grateful to the
many individuals who contributed to the proposal.
• Internal: City Departments including the Parks Planning, Parks, Natural Areas, Building Services, Utilities
Finance, Utilities Engineering, and Planning and Development Review all provided extensive feedback. A
few notable comments and suggestions include:
o Support changes, particularity in the irrigation and commercial sector.
o Plan for additional staff time needed to review and enforce.
• External: Staff met with a variety of external stakeholders including the Chamber of Commerce, credit and
certificate holders, certified landscape professionals, the Board of Realtors, Utilities Key Accounts, the
restaurant community, and property owners. Specifically, staff:
o Sent over 750 letters to Property Owners, Restaurants Owners, and cert ificate and credit holders to
inform them of the changes.
o Advertised to over 1,500 builders, developers, and customers in key newsletters including the Building
Review public newsletter and Utilities public newsletter.
Feedback was minimal but included ensuring education and resources are available for customers who
may redevelop and being mindful of impacts on mixed-use developments.
• Focus Group: In addition to the individual external stakeholder engagement, staff completed four 2 -hour
focus groups to gather in-depth feedback from highly impacted groups. Sixty-eight developers, landscape
architects, irrigation designers, and builders were invited to participate. Seventeen registered to attend the
sessions. Each session covered a specific topic. Feedb ack gathered at each focus group is summarized
below in Table 5: Focus Group Summary:
Table 5: Focus Group Summary
Focus What We Heard What We Incorporated
Irrigation • Like that cost is reflective of how much
a landscape will use.
• Request for alternative compliance
option.
• Alternative compliance method allowed
if supplemental design information is
provided that demonstrates lower water
use.
Commercial • Like that cost is more reflective of actual
businesses water use.
• Alternative compliance method allowed
if supplemental design information is
Agenda Item 14
Item # 14 Page 11
• Request for alternative compliance
option.
• Request to not require separate
irrigation tap if there is minimal outdoor
irrigation.
provided that demonstrates lower water
use.
• If landscape requires less than 30,000
gallons a year, a separate irrigation tap
will not be required.
Residential
and
Multifamily
• Like that multifamily is required to have
separate irrigation tap as it allows for
lower costs with efficient design.
• Request for alternative compliance
option.
• Ensure water use analysis is reflective
of efficiencies in new builds.
• Exploring building and land use code
updates that would make alternative
compliance feasible in the future.
• Requirements updated every two years
to reflect any efficiencies due to new
building codes or other relevant changes.
ATTACHMENTS
1. Water Districts Map (PDF)
2. Definitions and Terms (PDF)
3. Work Session Summary (PDF)
4. Water Supply Requirement (WSR) Calculations (PDF)
5. Natural Resource Advisory Board Memo and Minutes (PDF)
6. Planning and Zoning Commission Minutes (PDF)
7. Water Commission Minutes (PDF)
8. Building Review Commission Minutes (PDF)
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Figure Updated: 10/23/2018
All boundaries are approximate
ATTACHMENT 1
Information current as of Sept 2021
Definitions and Terms related to Water Supply Requirements Update
•Acre-foot: An acre-foot is equivalent to 325,851 gallons. One acre-foot can supply around three
to four single family homes in Fort Collins per year. For comparison, the maximum volume of
Horsetooth Reservoir is about 157,000 acre-feet.
•Allotment: The volume of water a given tap can use per year before incurring Excess Water Use
surcharges. Only non-residential taps installed after 1984 have water allotments. The allotment
volume is based on the amount of Water Supply Requirement satisfied at the time of
development plus any increases to the allotment paid for after development. A customer may
increase their allotment at any time by payi ng cash or providing additional water rights.
•Allotment Management Program: Provides eligible Utilities water customers with a temporary
waiver from their Excess Water Use surcharges if they meet certain qualifications and submit an
application detailing a project that demonstrates long-term water reductions.
•Cash-in-lieu: The cash equivalent of the water supply required to meet the needs of
development. The cash-in-lieu rate is based off the cost to meet future water needs and includes
the expected cost to acquire water rights and associated infrastructure. The current cost is
$42,518 per 325,851 gallons and is updated every two years.
•Duplex: Residential buildings of two dwelling units.
•Dwelling Unit: One or more rooms and a single kitchen designed for or occupied as a unit by
one family for living and cooking purposes, located in a single-family or multifamily dwelling.
•ELCO: East Larimer County Water District. Water district that generally serves the northeastern
portion of the Fort Collins Growth Management Area. Map found here.
•Excess Water Use (EWU) surcharge: A volumetric charge assessed on all water used through
the remainder of the calendar year once a non-residential customer has exceeded their annual
allotment. The EWU is applied in addition to the regular utility rates. This surcharge is tied to the
cash-in-lieu rate for the Water Supply Requirements and is evaluated every two years. Revenue
from the EWU surcharge goes toward acquiring, developing and improving Utilities’ water
supplies to address the impact of customers exceeding their planned allotment. The curr ent EWU
surcharge is $10.39 per 1,000 gallons over the allotment.
•FCLWD: Fort Collins-Loveland Water District. Water district that generally serves all areas south
of Harmony Road in the Fort Collins Growth Management Area. Map found here.
•Multifamily: Residential development with three or more dwelling units
•Non-residential: All commercial, industrial, public entity, group housing, nursing homes,
fraternities, hotels, motels, commonly owned areas, club houses, and pools, including HOA
common spaces and irrigation accounts.
•Plant Investment Fees: Water Impact Fee paid by the developer to cover the cost of
transmission, treatment, and distribution of water to a new development.
•Residential: Single-family, duplex, mobile / manufactured homes, and multi-family dwelling units,
including fraternity and sorority multifamily housing.
•Water Development Fees: Fees met by developers to cover the costs of acquiring water supply,
the transmission, treatment, and distribution of water, as well as the cost of the water meter and
installation. Specifically, the Water Supply Requirement covers the cost of acquiring additional
ATTACHMENT 2
Information current as of Sept 2021
water supply; the Plant Investment Fee covers the cost of additional transmission, treatment, and
distribution; and the Water Meter Fee covers the cost of the water meter and installation.
• Water Supply Factor (1.92): Factor historically included in Water Supply Requirement
calculations to account for annual variation in water right yields, different sources of supplies,
losses between water sources and the taps, and annual variations in water demands.
• Water Supply Requirements (WSR): Water Supply Requirements (WSRs) are part of the Water
Impact Fees met by developers to account for the additional demand created from new
development. WSR is a requirement for water service from Utilities. A WSR accounts for the
additional water demand, defined in gallons or acre-feet of water, brought into the Utilities water
service area by a new development or redevelopment. The developer satisfies a WSR by
dedicating water rights or paying cash-in-lieu to Utilities. This provides the revenue to develop
reliable water resources for the development, including water rights and associated infrastructure.
WSRs are in line with the approach that development pays for itself.
Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: May 14, 2021
TO: Mayor and City Councilmembers
FROM: Abbye Neel, Interim Water Conservation Manager
Liesel Hans, Interim Utilities Deputy Director
THROUGH: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Theresa Connor, Interim Utilities Executive Director
RE: May 11, 2021 Work Session Summary – Water Supply Requirements and
Allotments
Summary: The purpose of this item was to receive feedback on a proposal to update the
methodology for calculating Fort Collins Utilities Water Supply Requirements. Staff
presented the drivers for the proposal, how the proposed calculations compare to the
current system and other water providers’ systems, impacts to the community, and
opportunities for future improvements.
Attendees: All Councilmembers were present and participated remotely via Zoom. Utilities staff
included Abbye Neel, Liesel Hans, and Theresa Connor.
Questions to Council:
1.What feedback does Council have regarding the proposed concepts for the Water Supply
Requirement calculations?
2.Is this item ready for a formal Council consideration in September of 2021?
Key Discussion Points:
x The presentation provided a concise and clear overview of the proposed changes and
impacts.
x City Council supports the proposal, timeline, and that calculations be reviewed every two
years to allow for modifications or improvements that reflect new development practices
or better methodologies (e.g. examining if number of bedrooms continues to be the best
predictor of indoor water use in residential and multifamily settings).
x Questions included details on how taps are sized, examples of alternative compliance
scenarios, what input Staff received from Developers, and how the changes impact the
ATTACHMENT 3
Development Review process. Additionally, Council asked for clarifications around how
Water Supply Requirements are scaled for low versus high-water use landscapes and how
the calculations work for a mixed landscape.
x City Council requests that Staff consider how Water Supply Requirements can align and
support goals outlined in City plans, including the Housing Strategic Plan and Climate
Action Plan.
Next Steps:
x Outreach and education will continue through the Fall. Staff plans to return to Council for
formal consideration in September and, if adopted, changes would be implemented
starting January 2022.
x Staff will provide a written response to the Mayor’s question regarding water
conservation efforts across City-owned facilities and operations.
CC: Donnie Dustin, Water Resources Manager
Page 1 of 4
Summary of Current and Proposed
Water Supply Requirement (WSR) Calculations
Single Family: All residential single family and duplex (2 dwelling units)
developments.
•Current calculation:
𝑊𝑅𝑅 =1.92 × [7.048 × 𝐿𝑚𝑞 𝑅𝑖𝑧𝑑 (𝑞𝑞.𝑑𝑞.)+[12,216.9 × 𝑁𝑞𝑚𝑎𝑑𝑞 𝑚𝑑 𝐴𝑑𝑑𝑞𝑚𝑚𝑚𝑞]
325,851
where,
o 1.92: Water supply factor to account for variability in supplies due to annual
variation in water right yields, difference sources of water supply, losses between
water sources and taps, and annual variation in water demand.
o Lot Size: Area of parcel for which water service is requested, in square feet,
excluding public street right-of-ways, ditches, railways or other areas typically
maintained by persons other than the owner of premises or an agent of the owner.
o Number of Bedrooms: Number of bedrooms on the parcel for which water
service is requested, as determined by the City.
o 325,851: Conversion factor from gallons to acre-feet.
•Proposed new concept based on:
𝐼𝑚𝑑𝑚𝑚𝑞 𝑊𝑅𝑅 =12,200 × 𝑁𝑞𝑚𝑎𝑑𝑞 𝑚𝑑 𝐴𝑑𝑑𝑞𝑚𝑚𝑚𝑞
𝑁𝑞𝑞𝑑𝑚𝑚𝑞 𝑊𝑅𝑅 =10 × 𝑁𝑞𝑞𝑑𝑚𝑚𝑞 𝐴𝑞𝑑𝑎 (𝑞𝑞.𝑑𝑞.)
where,
o Number of Bedrooms: Number of bedrooms on the parcel for which water
service is requested, as determined by the City.
o Outdoor Area: Area of the parcel for which water service is requested, in square
feet, less: the area of any buildings, paved driveways, City sidewalks, public street
rights-of-way, City-maintained tracts and rights-of-way, ditches, railways, and
other areas typically maintained by persons other than the owner of the premises
or an agent of the owner.
ATTACHMENT 4
Page 2 of 4
Multifamily: All residential developments with 3 or more dwelling units.
• Current calculation:
𝑊𝑅𝑅 =1.92 × [9.636 × 𝐿𝑚𝑞 𝑅𝑖𝑧𝑑 (𝑞𝑞.𝑑𝑞.)+[13,592.8 × 𝑁𝑞𝑚𝑎𝑑𝑞 𝑚𝑑 𝐴𝑑𝑑𝑞𝑚𝑚𝑚𝑞]
325,851
where,
o 1.92: Water supply factor to account for variability in supplies due to annual
variation in water right yields, difference sources of water supply, losses between
water sources and taps, and annual variation in water demand.
o Lot Size: Area of parcel for which water service is requested, in square feet,
excluding public street right-of-ways, ditches, railways or other areas typically
maintained by persons other than the owner of premises or an agent of the owner.
o Number of Bedrooms: Number of bedrooms on the parcel for which water
service is requested, as determined by the City.
o 325,851: Conversion factor from gallons to acre-feet.
• Proposed new concept based on:
𝐼𝑚𝑑𝑚𝑚𝑞 𝑊𝑅𝑅 =13,100 × 𝑁𝑞𝑚𝑎𝑑𝑞 𝑚𝑑 𝐴𝑑𝑑𝑞𝑚𝑚𝑚𝑞
Required to have separate irrigation tap. See Irrigation Tap (page 4) for
details.
where,
o Number of Bedrooms: Number of bedrooms on the parcel for which water
service is requested, as determined by the City.
Page 3 of 4
Non-Residential (Commercial and Irrigation): All commercial, irrigation,
industrial, public entity, group housing, nursing homes, fraternities, hotels,
motels, commonly owned areas, club houses, and pools.
• Current calculation: Tap size. Table 1 outlines WSR and allotments by tap size.
• Proposed new concept based on: Separate commercial and irrigation WSR calculations
and methodologies to estimate water use for each sector.
o Commericial: Table 2 outlines proposed WSRs by common business types. Case
by case or business types not on this list required to submit engineered estimate.
Unique or highly efficient designs will be allowed to apply for alternative
compliance and, if approved, meet a lower WSR.
Table 2: Proposed Commercial WSRs
Draft Business Type Draft Proposed
WSR
Auto Retail 5 gal/sq ft
Auto Service and Repair 8 gal/sq ft
Car Wash (self-serve and
bays only)
221,100 gal/bay
Car wash (drive thru
conveyor only)
1,500 gallons per
square foot of
building
Childcare 28 gal/sq ft
Gas Station w/o Car Wash 44 gal/sq ft
Grocery 25 gal/sq ft
Hospital Case by Case
Hotel 23,300 gal/room
Industrial/Manufacturing Case by Case
K-12 Schools 11 gal/sq ft
Medical Office 33 gal/sq ft
Nursing Homes Case by Case
Office 7 gal/sq ft
Place of Worship 10 gal/sq ft
Recreation 36 gal/sq ft
Table 1: Current Non-Residential WSRs by Tap Size
Tap Size (inches) WSR (acre-feet) Annual Allotment
(Gal/Year)
3/4 0.90 293,270
1 2.27 739,680
1.5 4.72 1,538,020
2 7.91 2,577,480
3 or above Engineered estimate required.
Page 4 of 4
Restaurants 145 gal/sq ft
Retail 5 gal/sq ft
Other Case by Case
o Irrigation: Table 3 outlines proposed WSRs calculated by grouping common
plant types into water use categories. Different plant types are categorized into
each water use category based on industry standards and the City of Fort Collins
Plant List. Unique or highly efficient designs will be allowed to apply for
alternative compliance and, if approved, meet a lower WSR. If a landscape
requires minimal irrigation (less than 30,000 gallons of water per year) a separate
irrigation tap will not be required.
Table 3: Proposed Concept for Irrigation WSRs
Water Use Water Value (gal/sq ft)
High 18
Medium 14
Low 8
Very Low 3
Environmental Services
222 Laporte Avenue
Fort Collins, CO 80521
970.221-6600
fcgov.com
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: August 27, 2021
TO: Mayor and City Council Members
FROM: Natural Resources Advisory Board
SUBJECT: Water Supply Policy Review
Dear Mayor and Councilmembers,
The Natural Resources Advisory Board would like to express its support for the proposed changes to the
water allotment policies presented to our board by city staff on June 16, 2021. As a Board dedicated to
preserving our natural resources for the benefit of future generations and grounded firmly in science,
we are gravely concerned about the future of water access and availability across the entire front range
of Colorado and especially for the Poudre River watershed. The outcome of the proposed changes to the
water allotment process is expected to incentivize more sustainable landscaping choices, which we
support. However, we believe that the proposed policy and changes can be dramatically improved in
ways that also support the City’s Climate Action Plan and stated goals of equity and inclusion.
Many watersheds along the Rocky Mountains have seen and are expected to continue to see an
approximately 25% reduction in water availability due to climate change, including both the Yampa and
Colorado Rivers. The Poudre River is expected to see significant declines in water availability and quality.
We therefore believe that a science-informed approach to water management by the city would include
water conservation measures that engage all citizens, not just new construction projects. Additionally,
policies that exclude existing home inventory and that are based solely on economic metrics perpetuate
and exacerbate inequality and further disadvantage already underserved and disadvantaged
populations.
We recommend the following to promote sustainable stewardship of our water resources:
1.We recommend that the water usage surcharges for overconsumption of water should be
applied to existing residential and commercial structures at the time of ownership transfer. The
current policy applies to a very small percentage of water users and therefore has low potential
of making substantive improvements in water conservation without incorporating more water
users. This recommended incorporation will also improve the equity of this policy as new zoning
and districting policies are facilitating a higher percentage of low- and below median income
housing, compared to existing housing infrastructure that is excluded from the water usage
surcharge structures. The City could also explore purchasing excess water allotments from
homes and buildings being sold under this new application of water allotment policy to achieve
its water resilience goals and ensure homeowners are compensated for the full value of existing
water rights.
ATTACHMENT 5
2
2. An additional pricing tier or option should be applied to this proposed water allotment policy
that gives an additional discount to properties withthat have greywater capabilities installed and
ready for operation when city or county ordinances allow. Greywater systems are difficult to
retrofit on existing homes and are almost exclusively placed in new construction; therefore,
waiting to incorporate greywater into water allotment policies until City laws and policies have
adopted greywater policies will preclude a significant number of structures from utilizing this
technology. Placing incentives into current policy allows these homes to become greywater
ready so that they can benefit from future City policies and ordinances once implemented.
3. Revise the current pricing structure which is based on cost projections of water usage of the
three main types of landscaping identified, resulting in Kentucky Bluegrass having the highest
cost water allotment. The City maintains Kentucky Bluegrass turf in its City Parks and many
public lawns and building landscapes, which sets the social norm and standard for ideal outdoor
space in the city as Kentucky Bluegrass. This inadvertently dis-incentivizes more water-wise
landscaping choices and the City Xeriscaping and Nature in the City programs, preventing these
investments from having their full potential. It also inadvertently incentivizes luxury
developments to install Kentucky Bluegrass due to this social norm standard and the lower
impact of monetary disincentives to these developments where cost is less of a factor. In this
way, basing the proposed allotment structure based on cost alone, coupled with the continued
non-water-wise practices of City turf may inadvertently perpetuate both high-water landscape
choices and inequity.
In summary, we support the proposed Water Allotment Policy changes and recommend that the
surcharge policy be extended to existing homes upon ownership transfer, a greywater-ready incentive
be incorporated, and other city practices and policies be aligned to holistically promote water
conservation in the face of climate change and development that cannot be supported under declining
water regimes.
Thank you for your time and consideration of this critical policy decision that will have long-term
impacts on future community resilience and health.
Very Respectfully,
Danielle Buttke DVM, PhD, MPH, DACVPM
Chair, Natural Resources Advisory Board
cc: Darin Atteberry, Lindsay Ex
Excerpt from Unapproved DRAFT NATURAL RESOURCES ADVISORY
BOARD
TYPE OF MEETING – REGULAR
June 16, 2021 6:00 – 8:00 pm
Via Zoom
6/16/21 – MINUTES Page 1
1. NEW BUSINESS
a. Water Supply Requirements and Allotments - Abbye Neel
− Background
− There are multiple water providers within the City of Fort Collins: East
Larimer County Water District; Fort Collins Loveland Water District; Fort
Collins Utilities (water); Sunset Water District; and West Fort Collins Water
District. Each district sets their own water supply requirements.
− The water supply requirements and allotments being proposed here would
only apply to new development and re-development within the Fort Collins
Utilities water service area.
− Fort Collins Utilities water impact fees for developers consist of:
− Plan Investment Fees (PIF) reflect the impact of new development on
Utilities water treatment and distribution systems.
− Water meter fees (WMF) cover the cost of installing and maintaining
meters in new developments.
− The Water Supply Requirement (WSR) reflects the impact to our water
supply (from Horsetooth Reservoir and Cache la Poudre River) by new
developments. It is translated to water allotments for all commercial
and irrigation customers.
- Water Supply Requirements (WSR) costs are calculated by
multiplying the volume of water needed to meet additional demand
times existing water rights or cash-in-lieu of water rights. The
update of this calculation is the subject of tonight's proposal to the
NRAB for consideration.
- The proposed changes are in alignment with the City's Strategic
Plan, Utilities Strategic Plan, City Plan, Housing Colorado Water
Plan, Our Climate Future, Nature in the City, Water Efficiency Plan,
Water shortage Action Plan, Water Supply and Demand, and
Management Policy.
− Water Supply Requirements (WSR) by the City's Utilities (water) began in
1960 and have evolved and incorporated an Allotment Management
Program as the City has grown. Council will consider the latest update to
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
6/16/21 – DRAFT MINUTES Page 2
WSR to address current growth this fall, with adoption in 2022.
- Current proposal drivers are to increase accuracy, Improve equity so each
developer pays their fair share of the cost, and to promote water efficiency
and innovation.
− Proposed new WSR concepts for new development will be more data driven and
detailed, and will require more input from developers and more staff time to
manage. There would also be alternative compliance for commercial and
irrigation taps and appropriate land use code updates. The water allotments will
also reflect how different landscapes and businesses use water differently and
will reflect appropriate cost implications. Cost will not be part of this update but
will be developed at a later time.
− The new concept will be based on:
− Residential = number of bedrooms + outdoor area
− Multifamily = number of bedrooms (all multifamily & commercial
developments would be required to have a separate irrigation tap and
WSR)
− Commercial = business type
− Irrigation = Landscape type
− Next steps:
− Staff will continue with public outreach and education
− Formal City Council Consideration (September 2021)
− Policy adoption (January, 2022)
− Related future efforts:
− Update cash-in lieu (late 2021)
− Require allotments for all non-residential customers
− Add residential alternative compliance option
− Evaluate and align Plant Investment Fee calculations
− Discussion:
− Danielle - Q - Can you explain why native grass landscape is anticipated to
use almost as much water need as bluegrass as shown in the graph? A -
The comparative example in the presentation shows 50,000 sq. ft of native
grass and 20,000 sq ft of bluegrass being compared to use similar amounts
of water. Danielle - commented the graph is confusing and suggested
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
6/16/21 – DRAFT MINUTES Page 3
highlighting the benefits of landscaping with native grasses because
Council may not understand the water savings from native grasses looking
at this graph.
− Danielle - Q - Can you incentivize using native grasses for landscaping in
new development? A - Yes. Utilities will be communicating with
developers at the very beginning of the process about water conservation.
− Barry - Q - Do developers have to purchase water rights since all water is
already owned in Colorado per Colorado Water Law? A - A developer can
buy water rights or have cash-in-lieu of water rights, which is the more
common way developers obtain water. There must also be infrastructure
provided for those water rights.
− Barry - Q - There is a declining amount of water in Colorado. As
development increases, usage increases. How can you continue to build
with a decreasing amount of water in Colorado? A - Donnie Dustin - Water
ownership can change from agriculture to commercial use. Water can also
be stored, as in the Halligan Water project.
− Barry - Q - The NISP project says its purpose is to help agriculture usage
when, in fact, that water will be purchased for commercial use because of
growing development. The Yampa river is at critical stage and the
Colorado River's flow is declining. How, as a city, can Fort Collins promote
development, when development is based on a dwindling water supply?
Barry suggested the wording in the plan should make water savings
mandatory, not optional A - The new water supply allotments plan is
designed to require less water use.
− Kevin - Q - Where does the ability for cash-in-lieu of water rights end and
developers are told there are no water rights available for development? A
- Liesel Hans - Fort Collins Utilities is one of 3 water districts that serve the
City. The other 2 water districts have different policies are mostly feeding
development. There have been slowdowns and development pauses
because of water allocations with them. The City's efforts are around how
to better use existing our city water rights.
− Kevin - Q - Will the City be buying more water rights to satisfy development
and do we have a target for x number of years out where water usage
needs to be tied to reduced availability? A - Yes, but that is not the only
strategy. The water strategic plan has reduced water usage goals,
including the proposed new strategy being presented here.
− Lindsay – shared that NRAB could include these issues and concerns
within a memo to Council, if NRAB elects to send such a memo.
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
6/16/21 – DRAFT MINUTES Page 4
− Danielle - Q - The proposed plan is going in the right direction but she does
not agree with the way it gets there through paying for what you use. That
is an inequitable way to use resources for those wh o cannot pay as much
as others. In addition, Parks are not conserving water by irrigating
Kentucky Bluegrass instead of natural grasses. She suggested the plan
incorporate language to support doing the right thing and align with City
Plan and City values by requiring conservation of resources. This is an
opportunity to explicitly incentivize gray water use for irrigation at lower
rates in this initiative. Barry would also like the issue of equity mentioned in
the proposal regarding paying for what you use. A - Abbye - Use of gray
water has been approved at the state level, however, Fort Collins Utilities
has not yet adopted it locally. However, they are exploring it, but it would
not be part of this update. Liesel - Council is interested and is becoming
informed about use of gray water, Colorado Water Law, and what additional
kinds of resources would be necessary to provide infrastructure
management to have gray water be part of water usage in Fort Collins.
− Danielle A - Is there an opportunity to insert language into this proposal
referencing a future approval of gray water use and its benefits? A - Liesel
- Currently we don't currently have the data. The building and plumbing
codes get updated every 3 years and language can be inserted there to
anticipate future gray water systems.
− Danielle - Q What are the opportunities to apply for Innovation Funds to do
testing to arrive at the data needed for the water usage update reports? A
Staff is exploring other resources to do this, including the Innovation Fund.
− Kevin -Q - Is there an allotment resizing incentive for existing residential
customers such as a buy-back program? A - Currently only commercial
customers have allotments and there is not a process to sell unused
portions back to the City, mainly because of legal implications that water
rights add value to a property.
− John - Q - Is there a way to re-evaluate existing allotments and to add a
surcharge if it is exceeded? A - Abbye - Only 11% of Fort Collins Utilities
customers have allotments. Staff is evaluating their usage needs as a next
step.
− Danielle - Q - Is there an opportunity to evaluate the other 89% of
customers' usage as an allotment?. A - This could be an inequity issue
and staff has recognized this as a future project.
− Danielle - A - What about sale of a property or a property that won't be sold
without an allotment that is grandfathered in? A - Currently, that is being
addressed in an equity project.
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
6/16/21 – DRAFT MINUTES Page 5
− John - Q - If a property is sold or redeveloped and doesn't replace the tap ,
is there a way to add it into these revised allotment requirements? A - Yes.
As part of the proposal, when a change-of-use permit is applied for their
water requirement will be re-evaluated.
− Danielle - asked the board if it wanted to write a memo of support to Council
regarding the proposed amended Water Supply Requirements and
Allotments proposal presented at this meeting
− Barry moved and Dawson seconded a motion that the NRAB will
write a memo of support of the amended Water Supply
Requirements and Allotments proposal as presented with the
addition of the board's comments expressed here. Danielle will
draft the memo for the NRAB's review
Michelle Haefele, Chair City Council Chamber – City Hall West
Ted Shepard , Vice Chair 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
Jeff Hansen
Jeff Schneider Virtual (Zoom or Telephone)
David Katz Cablecast on FCTV Channel 14 on Connexion &
Channels 14 & 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224-
6001) for assistance.
Regular Hearing
July 15, 2021
Chair Haefele called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Schneider, Shepard , Katz
Absent: None
Staff Present: Yatabe, Sizemore, Vonkoepping, Neel, Beals, Holland, Axmacher, Benton, Virata, Gilchrist,
Hahn, Betley, Lindsey , Everette, Brennan and Manno
Chair Haefele provided background on the Commission’s role and what the audience could expect as to the order
of business. She described the role of the commission, noted that members are volunteers appointed by city
council. The commission members review the analysis by staff, the applicants’ presentations and input from the
public and make a determination regarding whether each proposal meets the land use code. She noted that this is
a legal hearing, and that she will moderate for civility and fairness.
Agenda Review
Rebecca Everette, Development Review Manager, reviewed the items on the Consent and Discussion Agendas
noting consideration of the draft minutes of the June P&Z Regular Hearing will be postponed to the August meeting.
Planning and Zoning
Commission Minutes
ATTACHMENT 6
Planning & Zoning Commission
July 15, 2021
Page 2 of 9
Public Input on Items Not on the Hearing Agenda:
Colleen Hoffman opposed the order of the agenda items for the August 19th hearing noting she was expecting the
Landmark Apartments Minor Amendment appeal item to be first on the agenda, which it is not. She requested a
special meeting or for the item to be first on the August agenda in order to ensure a fair hearing.
Kathryn Dubiel stated the Landmark Apartments Minor Amendment appeal would be best heard in person and
requested it be heard either at a special hearing or first on the August agenda in order to ensure a fair hearing.
Consent Agenda:
1.Draft Minutes for the P&Z May Regular Hearing
2.Draft Minutes for the P&Z May 26 Special Hearing
3.Draft Minutes for the P&Z June Regular Hearing (postponed to August)
4.Water Conservation LUC Updates
5.Chabad Jewish Center Extension Request
6.Larimer County Alternative Sentencing Site Plan Advisory Review
Commissioner Hansen made a motion, seconded by Commissioner Hogestad, that the Fort Collins
Planning and Zoning Commission approve the Consent Agenda for the July 15, 2021 hearing, based upon
the agenda materials and the information and materials presented during the work session and based on
the findings of fact included in the staff report. Yeas: Shepard, Katz, Hansen, Hogestad, Schneider, and
Haefele. Nays: none.
THE MOTION CARRIED.
Assistant City Attorney Yatabe noted he is recusing himself from the Landmark Apartments Minor Amendment
appeal item and can therefore not be involved if there are any additional questions or further discussion at this time.
Chair Haefele suggested the item be addressed during Other Business.
Item approved on consent agenda. No discussion took place.
Excerpt from Unapproved DRAFT MINUTES WATER COMMISSION
REGULAR MEETING
August 19, 2021, 5:30 p.m. – 7:30 p.m.
via Hybrid Zoom and In Person Meeting
08/19 /20 2 1 – Excerpt from Unapproved DRAFT MINUTES Page 1
Water Supply Requirement Update
Interim Water Conservation Manager Abbye Neel presented the final changes to Water
Supply Requirements calculations prior to going to Council in September of 2021. This
presentation will build upon the presentation to the Water Board in October of 2020, update
provided in April of 2021, and follow-up work session in June of 2021. The presentation will
focus on final outcomes and results from stakeholder outreach.
Discussion Highlights
A commissioner inquired if fire response services are a separate tap and unrelated. Ms.
Neel responded that they’d have to have a separate fire line or an adequate tap size that
meets fire standards. Another commissioner inquired if irrigation water taps for multifamily
and commercial uses will be separately metered. Ms. Neel responded that it will be
required to provide a separate tap, but there is a minimum use of 30,000 gallons per year
to require it. Another commissioner inquired if we retain the 1.92 multiplier. Ms. Ne el
responded that it would be removed as they’ve found other calculations to be more
precise.
Commissioner Ortman moved that the Water Commission supports the proposed changes
in code and the Water Supply Requirement updates as proposed by Staff.
Commissioner Tarry seconded the motion.
The motion passed unanimously 7-0.
Commissioner Herman abstained as he has residential lots under contract in the ELCO
district as well as LOIs for lots in Fort Collins.
ATTACHMENT 7
DRAFTCity of Fort Collins Page 1 August 26, 2021
Alan Cram, Chair
Tim Johnson, Vice Chair
Brad Massey
Katharine Penning
Eric Richards
Justin Robinson Staff Liaison:
Mark Teplitsky Marcus Coldiron
Chief Building Official
Excerpt Meeting Minutes
August 26, 2021
A regular meeting of the Building Review Commission was held on Thursday, August 26, 2021, at
9:00 a.m. in the Colorado River Room of the Fort Collins Utilities Building at 222 Laporte Avenue, Fort
Collins, Colorado.
CALL TO ORDER
Chair Cram called the meeting to order at 9:01 a.m.
ROLL CALL
PRESENT: Cram, Johnson, Massey, Richards, Teplitsky
ABSENT: Penning, Robinson
STAFF: Coldiron, Manno, Guin, Neel, Katsimpalis, Brennan
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
DISCUSSION AGENDA
[Timestamp: 9:03 a.m.]
[Timestamp: 9:06 a.m.]
Building Review
Commission
ATTACHMENT 8
DRAFTCity of Fort Collins Page 4 August 26, 2021
5. BOARD FOLLOW-UP: PROPOSED CHANGES TO WATER SUPPLY REQUIREMENT
CALCULATIONS
DESCRIPTION: The purpose of this item is to provide follow-up information to the
March 25 presentation and receive additional feedback on the
proposed changes to Water Supply Requirements Calculations,
Chapter 26 of the Code of the City of Fort Colins, and the potential
impacts they will have on the Building Review Process.
Goals of this update include increasing accuracy and equity of the
calculations and encouraging water efficient designs in development.
Staff will provide an overview of the project, how the proposed
calculations compare to the current system, impacts, and opportunities
for future improvements.
Staff Report
Ms. Neel presented the staff report as provided in the packet and noted she will be seeking a motion
for Council which will consider the item on September 21st. She discussed the three components
relating to how new developments pay for water: the water supply requirement which covers the impact
a development has on the City’s water supply, the plant investment fees which cover the impact of a
development on the City’s water treatment and distribution system, and water meter fees which pay for
the installation of the meter itself. She noted these proposed changes deal with the first component,
and she provided additional details on the water supply requirement calculations. She stated the
proposed updates to the calculations will help increase accuracy, improve equity, and promote water
efficiency and innovation.
Ms. Neel provided additional details on the proposed changes to the residential category, which most
directly affects the building review process. The changes include an examination of the outdoor area
on a lot, which is the parcel area less the impervious surfaces. She discussed the feedback received
from builders and developers and stated it has generally been positive with some requests for
alternative compliance options. She also discussed related future efforts including the update to cash-
in-lieu costs and new residential alternative compliance options.
Public Input
None.
Board Questions and Discussion
Member Massey asked if this applies only to new construction moving forward. Ms. Neel replied in the
affirmative and clarified the outdoor space calculations are derived from the provided site plans.
Member Teplitsky asked about offsets for xeriscaping. Ms. Neel replied a separate irrigation tap will
be required for commercial, multi-family, and business landscapes, and a water budget table is required
on all landscape plans for commercial properties. She stated there are currently no landscape
standards for single-family lots and provided additional details on the proposed requirements for
commercial properties.
Member Massey asked how speculative commercial developments will be treated. Ms. Neel replied
developers will need to make a best guess on what is going into a space then adjustments will be made
after it is completed. She also discussed the alternative compliance option.
Chair Cram asked about the requirement for a separate water supply for sprinkler systems. Ms. Neel
replied separate irrigation taps will only be required in commercial and multi-family developments.
Member Teplitsky asked if Utilities revenue being lower will be offset by it paying less for water. Ms.
Neel replied less future supply will result in less resources being needed to fund it.
Board Deliberation
Member Teplitsky made a motion that the Building Review Commission supports these changes
and recommending that Chair Cram draft a letter in support for Council consideration, based
on the staff report presented. Member Massey seconded. The motion passed 5-0.
[Timestamp: 10:24 a.m.]
DRAFTCity of Fort Collins Page 5 August 26, 2021
OTHER BUSINESS
Chair Cram asked the Commission to review the time limit proposal he had provided to all members.
Chief Building Officer Coldiron noted the 2021 International Code Adoption proposals will be presented
at the next hearing. Chair Cram commented it will be an important meeting for members to attend.
ADJOURNMENT
Chair Cram adjourned the meeting at 10:25 a.m.
Minutes prepared by TriPoint Data and respectfully submitted by Aubrie Brennan.
Minutes approved by a vote of the Board on
_________________________________ ______________________________
Marcus Coldiron, Chief Building Official Alan Cram, Chair
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ORDINANCE NO. 119, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO MAKE VARIOUS CHANGES TO THE REQUIREMENTS AND
FEES FOR WATER SERVICE
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the water utility, as set forth therein; and
WHEREAS, the City owns and operates a water utility that provides treated water service
to customers in its service area; and
WHEREAS, through various water supply furnishing and development programs, the
City has required that persons desiring new or increased water service from the water utility
furnish or otherwise provide to the City certain rights to use water or payments of cash -in-lieu
thereof in order to offset the impacts of the requested water service, which requirements are
currently set forth in Sections 26-129, 26-147, 26-148, 26-149, and 26-150 of City Code as the
Water Supply Requirement (“WSR”); and
WHEREAS, the City has also required that persons desiring new or increased water
service from the water utility, pay water plant investment fees (“WPIFs”) for growth -related
capital expansion costs of water supply, storage, transmission, treatment, distribution and
administrative facilities that are reasonably related to the overall cost of and required in
providing water services, which WPIFs correspond to the WSR, and which requirements are
currently set forth in Sections 26-120 and 26-128 of City Code; and
WHEREAS, City staff has historically reviewed the WSR (and its predecessor water
supply furnishing or development requirements) and WPIFs requirements periodically to ensure
that the rights to use water and cash payments received by the City are sufficient to offset the
impacts from the requested new or increased water service; and
WHEREAS, City staff has completed a comprehensive and thorough review of the WSR
and WPIFs and has determined that various changes thereto are desirable and beneficial for the
water utility and its ratepayers, including to ensure that, among other things, the impacts of new
and increased water service are offset and that the water utility has sufficient water supplies and
infrastructure to serve customers of the water utility with an adequate level of service, while
doing so in a fair and equitable manner such that development through the new or increased
water service pays its own way; and
WHEREAS, consistent with said review, the changes to City Code below include:
clarifications to when a change in use requires the need for a new water service p ermit and
associated reviews; a requirement to have separate service lines and meters for irrigation
purposes in certain circumstances; certain clarifications to the WPIFs; revised WSR calculations
for residential and nonresidential service; modifications to the application of the excess water use
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surcharge for nonresidential water service for irrigation when new irrigation systems are
installed; procedures to authorize modified WSRs for certain unique situations; and clarification
of how the WSR is met; and
WHEREAS, the changes to the WSR below also include changes to the water supply
factor by which anticipated customer demands are multiplied for purposes of establishing the
amount of the WSR, which has historically been 1.92 and identified in the WSR calculations in
City Code to account for variations in water supplies and other factors; and
WHEREAS, the WSR is also used to establish the annual allotment for nonresidential
permits pursuant to Section 26-149 of City Code, by which nonresidential permits sought after
March 1, 1984 have received an annual allotment of water, such that use over the annual
allotment is billed an excess water use surcharge; and
WHEREAS, the historical use of a 1.92 water supply factor in these WSR calculations
historically caused certain confusion in the administration of the WSR because, among other
things: the amount of the WSR (in acre-feet) to receive water service is 1.92 times greater than
the anticipated customer demand and the annual allotment (in gallons) for nonresidential permits
that applies to the ongoing receipt of water service; and
WHEREAS, the administration of the WSR would be improved if the amount of the
WSR is the same as the amount of the anticipated customer demand and any annual allotment
while using the same units, which requires that the WSR calculations no longer expressly
identify the 1.92 water supply factor and that the WSR be converted to gallons which is the same
unit of annual allotments; and
WHEREAS, there are various water certificates issued by the City and WSR credits in
the City’s records that were created before January 1, 2022, with the intent and mutual
understanding that the 1.92 water supply factor would apply to them, and thus, the 1.92 water
supply factor will continue to apply to such water certificates and credits as a legacy to preserve
those contractual arrangements; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes to City Code go into effect as of January 1, 2022, among other reasons, in
order to provide adequate time for staff and the public to prepare for the changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-41 of the Code of the City of Fort Collins is
hereby amended to add a definition of “change in use” to read as follows:
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Sec. 26-41. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Change in use shall mean a material change in how City water is used on a property that requires
changes to physical infrastructure, additional legal approvals, or changes to legal classifications
of the property. The following circumstances are identified by way of example and not
limitation:
A change in use would result from:
(1) the property being included in a different use category for zoning or land use
purposes;
(2) the property being included in any development review process under the Land
Use Code;
(3) the property being served by an additional service line;
(4) a service line or meter being relocated and applied to a different use or building
on the property;
(5) a building on the property being expanded;
(6) the property requiring any Commercial General Alteration permit under City
Code where there is an increase in fixture units or water use; or
(7) the property being reclassified from residential to commercial in the Utility’s
billing system.
A change in use would not result from:
(1) ownership of a water service being transferred from one owner to another;
(2) ownership of a property or premise being transferred from one owner to another;
(3) more or less water being delivered under an existing water service;
(4) an annual allotment being exceeded and excess water use surcharges are assessed;
(5) a water meter being repaired or replaced; or
(6) an existing water service line downstream of the curb stop being repaired or
replaced.
. . .
Section 3. That Section 26-94 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-94. - Individual service lines required.
(a) Each property shall be served by its own service line, and no connection with the water
utility shall be made by extending the service line from one (1) property to another property.
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Each building shall be served by a separate service line; however, the Utilities Executive
Director may require that a building be served by more than one (1) service line. Separate service
lines and meters for irrigation purposes shall be required for all properties, except for: (1) single-
family residences; (2) duplex residences; and (3) properties where the annual use for irrigation
under the water budget chart under the Land Use Code §3.2.1(E)(3)(b)(1) is less than 30,000
gallons per year. For purposes of this Section, the term building means a structure standing
alone, excluding fences and covered walkways. A separate accessory structure is a separate
building. To qualify as one (1) building, all portions, additions or extensions must be connected
by an attachment that is an enclosed part of the building and usable by the occupants.
. . .
Section 4. That Section 26-120 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-120. - Water plant investment fees.
. . .
(b) The WPIF shall be based on and used for growth-related capital expansion costs of water
supply, storage, transmission, treatment, distribution and administrative facilities that are
reasonably related to the overall cost of and required in providing water services to serve new
development. The fee shall vary with the number of dwelling units and the lot area served for
residential users and with the size and use of the water meter for nonresidential users. The
parameters and rates shall be reviewed by the City Manager annually and fees shall be presented
to the City Council for approval no less frequently than biennially.
(c) No user of City water shall make any changes or additions to the property served that
would significantly affect the nature timing or quantity of the use of water without first obtaining
a new water service permit from the utility and paying the WPIF based on the new use. Such
changes include without limitation the resumption of service by replacement of an abandoned
service line, an increase in the size of the water meter, an increase in the number of dwelling
units, or the lot areas to be served, an increase in the annual allotment, and a change from
residential to nonresidential use.
. . .
(e) Notwithstanding the provisions of Subsections (a) and (c) of this Section the Utilities
Executive Director may waive payment of the WPIF if the Utilities Executive Director
determines that the requested connection will not adversely affect the capacity of the water utility
to treat and deliver water for its users, and that if at least one of the following sets of
requirements applies. Under either set of requirements set forth in Subsections (1) and (2) below,
the Utilities Executive Director shall have the authority to discontinue the temporary water
service if the capacity of the water utility to treat and deliver water to its users is adversely
affected.
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(1) The applicant is a customer of the water utility and shall only use the water
connection as a source of irrigation water for the establishment of new native vegetation.
For the purposes of this requirement, native vegetation shall be as defined in the City's
Land Use Code or, if native vegetation is no longer defined in the City's Land Use Code,
the Utilities Executive Director shall determine whether the vegetation to be irrigated is
native vegetation for the purposes of this Subsection (e) following consultation with
relevant City departments. The approved period of such connection shall not exceed a
period of three (3) consecutive irrigation seasons calendar years from the date of
approval, provided that for the purposes of this provision, the first calendar year shall be
from the date of installation through December 31. The applicant shall physically
separate and abandon the water connection from the City's water distribution system at
the end of the approved period of such connection and shall, before any such connection
is made, escrow funds with the Utility to complete such disconnection and abandonment,
with the amount of the funds to be determined by the Utilities Executive Director based
on the estimated direct costs to complete such disconnection and abandonment plus
fifteen (15) percent for indirect costs.
(2) The applicant is a City service area, department, or division, or the Poudre Fire
Authority, no new physical connection to the City's water system is required, water use
under this Subsection (e) would not occur during the period of May 1 through September
30, and the Utilities Executive Director determines that the applicant's water use under
this Subsection (e) during such time period is necessary because the applicant's regular
water supply has become unavailable during that period and the unavailability of the
applicant's regular water supply will result in measurable economic damage to the
applicant.
(3) Notwithstanding the provisions of Subsections (a) and (c) of this Section, the
Utilities Executive Director may waive payment of the WPIF if Tthe applicant is a
customer of the water utility who, after notifying the water utility of a proposed change in
use from residential to nonresidential use, was not charged a WPIF by the utility for said
change; provided, however, that:
. . .
Section 5. That Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. - Schedule C, water plant investment fees.
The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and
outside of the City, as follows:
. . .
(2) Residential buildings of two (2) or more dwelling units (including
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fraternity and sorority multi-family housing)
The fee will provide for one (1) tap per residential building and an adequate
number of additional taps to serve common irrigable areas, if any. The number
and size of taps shall be determined by the Utilities Executive Director based
upon the criteria established in the Uniform Plumbing Code as amended
pursuant to Chapter 5 of this Code.
a. For each residential building unit $567.00
b. Plus, for each square foot of lot area $0.30
(3) Mobile home parks
The size of the tap shall be determined by the Utilities Executive Director
based upon the criteria established in the Uniform Plumbing Code as amended
pursuant to Chapter 5 of this Code.
a. For each residential building unit $567.00
b. Plus, for each square foot of lot area to be irrigated with the tap serving
the residential building unit
$0.30
(4) Hotels, fraternity and sorority dormitory housing, and similar uses.
The nonresidential rate shall apply.
(5) Nonresidential service
a. Service to all nonresidential taps, including, but not limited to, taps for
commercial and industrial service, other than irrigation-only taps in subsection
b shall be charged according to the size of the meter pursuant to the following
schedule:
Meter Size (inches) Non-
residential Plant
Investment Fee
Non-Irrigation-Only
WPIF
¾ $9,054.004,416.00
1 $23,752.0011,072.00
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1½ $46,978.0020,405.00
2 $81,185.0040,100.00
b. The fee for such meters larger than two (2) inches shall be calculated by
multiplying the estimated peak daily demand, as determined by the Utilities
Executive Director, by the following charge per gallon, but shall not be less
than the charge for a two-inch meter.
$5.39
b. Service to all irrigation-only taps shall be charged according to the size of
the meter pursuant to the following schedule:
Meter Size (inches) Non-
residential Irrigation
Only
Plant WPIF
¾ $14,317.00
1 $32,716.00
1½ $81,367.00
2 $124,355.00
The fee for meters larger than two (2) inches shall be calculated by
multiplying the estimated peak daily demand approved by the Utilities
Executive Director by the following charge per gallon, but shall not be less
than the charge for a two-inch meter.
$5.39
Section 6. That Section 26-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-129. - Schedule D, miscellaneous fees and charges.
The following fees and service charges shall be paid by water users, whether inside or outside
the City limits:
(a) Connection fees and service charges shall be as set forth in Subsection 26-712(b).
(b) The fire hydrant fFees and charges and fire hydrants and connections under Subsection 26-120(e)
shall be as follows:
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(1) For installation of meter Per meter $43.00
(2) For removal of meter Per meter $43.00
(3) For daily rental for meter and fittings Per meter $8.60
(4) For water service Per 1,000
gallons
$13.76
A deposit may be required in the amount of the charges
for the anticipated water usage and rental.
(c) The fees and requirements for water supply shall be as follows:
(1) To satisfy Water Supply Requirement (WSR) with
cash payments
Per acre-foot
325,851 gallons
of WSR
$22,145.0042,518.40
(2) Excess water use surcharge assessed on commercial
and irrigation taps nonresidential users when water use is
in excess of the applicable annual allotment
Per 1,000
gallons
$10.39
(3) The annual water allotment, based on the minimum WSR shall be as
follows:
Meter Size (inches) Annual
Allotment
(gallons/year)
¾ 293,270
1 739,680
1½ 1,538,020
2 2,577,480
Above 2 325,851
gallons per
acre foot of WSR
. . .
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Section 7. That Section 26-147 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-147. - Grant of water rights; required.
All owners of premises requesting original water service from the City, including new water
service or a change in use, shall, before being granted a water service permit, satisfy the assessed
Water Supply Requirements (WSR) as determined in this Division without cost to the City. The
WSR is as provided in this Division.
Section 8. That Section 26-148 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-148. - Water supply requirement (WSR); residential service.
(a) Residential service for WSR shall include single-family, duplex, mobile/manufactured
homes, and multi-family dwelling units (greater than 2 dwelling units), including fraternity and
sorority multi-family housing.
(1) For residential service to single family, and duplex, and mobile home dwelling
units, the formula to calculate the WSR shall be:
WSR = 1.92 x [(7.048 x Lot Size) +
(12,216.9 x Bedrooms)] / 325,851
Where:
WSR = Water Supply Requirement in acre-
feet.
Lot Size = Area of the parcel for which water service is
requested, in square feet, excluding public
street rights-of-way, City-maintained tracts and
rights-of-way, ditches, railways or other areas
typically maintained by persons other than the
owner of the premises or an agent of the owner.
Bedrooms Number of bedrooms on the parcel for which
water service is requested, as determined by the
City.
(2) For residential service to multi-family dwelling units (greater than 2 dwelling
units), the formula to calculate the WSR shall be:
WSR = 1.92 x [(9.636 x Lot Size) + (13,592.8 x
Bedrooms)] / 325,851
Where:
WSR = Water Supply Requirement in acre-feet.
Lot Size = Area of the parcel for which water service is
requested, in square feet, excluding public street
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rights-of-way, City-maintained tracts
and rights-of-way, ditches, railways or other areas
typically maintained by persons other than the
owner of the premises or an agent of the owner.
Bedrooms Number of bedrooms on the parcel for which
water service is requested.
Indoor
WSR
= 12,200 x Bedrooms
Outdoor
WSR
= 10 x Outdoor Area
Where:
WSR = Water Supply Requirement in gallons
Outdoor
Area
= Area of the parcel for which water service is requested, in
square feet, less: the area of any buildings (footprint), paved
driveways, City sidewalks, public street rights-of-way, City-
maintained tracts and rights-of-way, ditches, railways, and other
areas typically maintained by persons other than the owner of
the premises or an agent of the owner. The outdoor area shall
be as determined by the Utilities Executive Director. If
adequate information is not available, the area of the parcel shall
be used for outdoor area.
Bedrooms = Number of bedrooms on the parcel for which water service is
requested, as determined by the Utilities Executive Director.
(2) For residential service to multi-family dwelling units (greater than 2 dwelling
units) including fraternity and sorority multi-family housing, the formula to calculate the
WSR shall be:
WSR = 13,100 x Bedrooms
Where:
WSR = Water Supply Requirement in gallons
Bedrooms = Number of bedrooms on the parcel for
which water service is requested, as
determined by the Utilities Executive
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Director.
(3) For mobile home parks/manufactured home dwelling unit developments, the
WSR shall be the estimated peak annual water use determined by the Utilities Executive
Director. The applicant shall provide the Utilities Executive Director with its estimated
peak annual water use and any supporting information, including a consideration of
indoor and outdoor use. The Utilities Executive Director shall consider the applicant’s
estimate and all relevant and reliable data and information, and shall make the
determination following any appropriate investigations, including requests for additional
information and analyses from the applicant.
. . .
(c) In order to preserve the value of the water certificates issued by the City or WSR credits
in the City’s records issued before January 1, 2022, the WSR for residential service calculated
pursuant to this Section shall be multiplied by 1.92 to the extent the WSR is met pursuant to §26-
150(a)(1) with water certificates issued by the City or WSR credits in the City’s records issued
before January 1, 2022.
Section 9. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-149. - Water supply requirement (WSR); nonresidential service.
(a) Nonresidential service for WSR shall apply to all services not included in the residential
category and shall include, without limitation, all service to customers for: commercial;
industrial; irrigation; public entity; group housing, such as nursing homes and long-term care
facilities, fraternity and sorority dormitory housing; hotels and motels; and mixed-use purposes,
provided that service for irrigation purposes shall not be mixed with other purposes.
(b) The minimum WSR for water meters up to two and zero tenths (2.0) inches in diameter
area as follows: shall be calculated using the table in this subsection. The Utilities Executive
Director shall determine the type of use to be used based on all relevant information and the
common meaning of the listed uses. If various portions of a property are used for separate uses,
the WSR for the various portions of the property shall be calculated separately and aggregated to
determine the WSR for the entire property. The WSR for any use not addressed by the table
shall be calculated pursuant to Subsection (c).
Meter Size (inches) RWR (acre-feet)
¾ .90
1.0 2.27
1.5 4.72
2.0 7.91
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Use WSR Calculation
Auto retail 5 gallons per parcel area
Auto service and repair 8 gallons per square foot of building
Car wash (self-serve and bays only) 221,100 gallons per bay
Car wash (drive thru conveyor only) 1,500 gallons per square foot of
building
Childcare 28 gallons per square foot of building
Gas Station with car wash 44 gallons per square foot of building
plus WSR for car wash pursuant to
Subsection (b)
Gas Station without car wash 44 gallons per square foot of building
Grocery 25 gallons per square foot of building
Group housing, including fraternity
and sorority dormitory housing
Pursuant to Subsection (c)
Hospital Pursuant to Subsection (c)
Hotel/Motel 23,300 gallons per room
Industrial/Manufacturing Pursuant to Subsection (c)
Irrigation Pursuant to water budget chart,
Land Use Code §3.2.1(E)(3)(b)(1)
K-12 Schools 11 gallons per square foot of building
Medical Office 33 gallons per square foot of building
Nursing Homes and Long-Term Care
Facilities
Pursuant to Subsection (c)
Office 7 gallons per square foot of building
Places of Worship 10 gallons per square foot of building
Recreation with pool Pursuant to Subsection (c)
Recreation 36 gallons per square foot of building
Restaurant 145 gallons per square foot of
building
Retail 5 gallons per square foot of building
Storage/Warehouse Pursuant to Subsection (c)
(c) The WSR for customers requiring a meter larger than two and zero tenths (2.0) inches,
and for customers requiring two (2) or more meters, shall be determined by multiplying the
applicant's estimate of peak annual use, or the total annual allotment for the meter or meters,
whichever is greater, by one and ninety-two one-hundredths (1.92), provided that such estimate
is first approved and accepted by the Utilities Executive Director. As required by Subsection (b),
the WSR for such uses shall be the estimated peak annual water use determined by the Utilities
Executive Director. The applicant shall provide the Utilities Executive Director with its
estimated peak annual water use and any supporting information. The Utilities Executive
Director shall consider the applicant’s estimate and all relevant and reliable data and information,
and shall make the determination following any appropriate investigations, including requests for
additional information and analyses from the applicant.
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(d) In order to preserve the value of the water certificates issued by the City or WSR credits
in the City’s records issued before January 1, 2022, the WSR for nonresidential service
calculated pursuant to this section shall be multiplied by 1.92 to the extent the WSR is met
pursuant to §26-150(a)(1) with water certificates issued by the City or WSR credits in the City’s
records issued before January 1, 2022, provided that such multiplication shall not be considered
in the assignment of the annual allotment pursuant to Subsection (e).
(de) Upon application for a water service permit after March 1, 1984, each applicant who is a
nonresidential user shall be assigned an annual allotment of water for each tap that is equal to the
greater of: the WSR as determined pursuant to this Section; any WSR that was satisfied at the
time of application for nonresidential water service; any increased annual allotment pursuant to
Subsection (gi) below; and the volume of the water furnishing requirement of the City under an
earlier water supply furnishing or development program, as determined by the City. When a user
uses more water than the annual allotment, as determined by monthly billing records in a given
calendar year, an Excess Water Use Surcharge in the amount prescribed in § 26-129 will be
assessed on the volume of water used in excess of the annual allotment.
(f) When a user uses more water than the annual allotment, as determined by monthly billing
records in a given calendar year, an excess water use surcharge in the amount prescribed in § 26 -
129 will be assessed on the volume of water used in excess of the annual allotment, provided that
no excess water use surcharge shall be charged to nonresidential services used exclusively for
irrigation purposes during the first three (3) calendar years following the initial installation of the
irrigation system, provided that for the purposes of this provision, the first calendar year shall be
from the date of installation through December 31.
(eg) In the case where of a change in use of the existing water service to a property is being
changed or a new water service permit on the property is being issued, the utility shall assign an
annual allotment and credit the nonresidential user towards the new water service permit as
follows. If an annual allotment has been assigned, the credit towards the new water service shall
be for the amount of the annual allotment for the property. If the existing credit towards the
water service is greater than the annual allotment that would otherwise to be assigned for the new
water service permit, the credit for the water service shall establish the allotment and no cash
refund or water certificates issued by the City shall be provided to the applicant. If no annual
allotment has been assigned, the credit towards the new water service shall be the amount
prescribed in § 26-129 set forth below for the existing meters serving the property. The credit
authorized under this subsection is not transferrable to other properties.
If no annual allotment has been assigned, the credit towards the water service
shall be as follows:
Meter Size (inches) Annual
Allotment
(gallons/
year)
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¾ 152,745
1 509,141
1½ 1,018,286
2 1,629,255
3 2,443,880
Above 3 169,714
gallons per
acre foot
of WSR
met for the
permit
(fh) In the event an applicant applying for a nonresidential water service permit has, prior to
March 1, 1984, surrendered water rights or otherwise satisfied the requirements of the City under
an earlier water supply furnishing or development program, then the minimum WSR for that
property shall be considered satisfied under this Section. However, such nonresidential user shall
be subject to the Excess Water Use Surcharge when the annual allotment is exceeded.
(gi) A nonresidential user may increase said user’s the annual allotment by submitting for a
property by satisfying addition WSR pursuant to §26-150, in addition to the minimum required,
water rights, water certificates issued by the City, or cash in the amount prescribed in § 26-
129 for each acre-foot of WSR. Such submission shall raise the user's annual allotment by the
amount of equivalent water rights submitted in gallons acre-feet provided that, in order to
preserve the value of the water certificates issued by the City or WSR credits in the City’s
records issued before January 1, 2022, the value of water certificates issued by the City or WSR
credits in the City’s records issued before January 1, 2022, shall be divided by one and ninety-
two one-hundredths (1.92). Any increase of a user's annual allotment will be applied to
subsequent billing and other matters and shall not be applied retroactively.
(hj) Notwithstanding any other provisions of this Division, water certificates issued by the
City under the Agreement, dated May 10, 1971, between the City and the Josh Ames Ditch
Company, shall be subject to the following:
(1) If such certificates are used to meet the WSR upon the annexation of land into the
City, each certificate shall be accepted by the City as fulfilling the WSR in the ratio of
one certificate for each one-eighth (1/8) acre of land annexed, and if nonresidential
service to the annexed land is requested, an annual allotment shall be imposed that is
equal to the applicant's estimate of peak annual use on the annexed land, provided that
such estimate does not exceed the amount of water, as determined by the Utilities
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Executive Director, that can reasonably be delivered through the number and size of taps
in the water service permit issued for the annexed land, that such estimate is based on the
applicant's documented intended use(s) of the annexed land, and that such estimate is first
approved and accepted by the Utilities Executive Director. For the purposes of this
subsection, "upon the annexation of land into the City" refers to the one hundred (100)
day period beginning on the day the ordinance of annexation is approved by Council on
second reading.
(2) If such certificates are used for purposes related to water service from Utilities
under this Section 26 at any time other than upon the annexation of land into the City
pursuant to the foregoing subsection, each certificate shall be accepted by the City and
calculated as equaling nine-sixteenths (9/16) acre foot 183,291 gallons of water, and an
annual allotment shall be imposed pursuant to this Section.
(ik) Applicants seeking a temporary water connection under Subsection § 26-120(e)(1) shall
meet the modified WSR as set forth in this SubSection 26-150(a)(4) and shall be assigned an
annual allotment as set forth in this Subsection. The RWR modified WSR for such applicants
shall be three times the maximum estimated amount of water that would be applied to the su bject
native vegetation during one irrigation season, as determined by the Utilities Executive Director.
The annual allotment shall for such applicants shall be the maximum estimated amount of water
that would be applied to the subject native vegetation during one irrigation season, as determined
by the Utilities Executive Director or a connection under § 26-120(e)(2) shall not be required to
meet a WSR. The annual allotment shall be zero (0). Fees and charges shall include those in §
26-129(c)(2) for the amount of water delivered.
(l) Notwithstanding the provisions of this Section, the Utilities Executive Director may
impose a reduced WSR for a particular nonresidential service pursuant to this subsection.
(1) Applicants seeking such a reduced WSR 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 request, which shall include, at minimum, an
analysis of the estimated use of water under the subject nonresidential service.
(2) The Utilities Executive Director may, following any appropriate investigations
including requests for additional information from the applicant, impose a reduced WSR
if the Utilities Executive Director finds that the following conditions are met:
a. A reduced WSR for the subject nonresidential service is appropriate based
on all known facts.
b. The reduced WSR for the subject nonresidential service is at least 20%
less than the WSR that would otherwise be imposed by this Section.
c. The reduced WSR for the subject nonresidential service will not adversely
affect the water utility.
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(3) If the request is granted, the reduced WSR for the subject nonresidential water
service shall be set forth in the permit. If the request is denied, the Utilities Executive
Director shall notify the applicant in writing of the denial and state the reasons therefor.
(m) Notwithstanding the provisions of this Section, the Utilities Executive Director may
impose an increased WSR for a particular service pursuant to this subsection.
(1) If the Utilities Executive Director has reason to believe that the estimated use of
water under the subject nonresidential service will be at least 10% greater than the WSR
that would otherwise be imposed by this Section, then the Utilities Executive Director
shall inform the applicant in writing of the proposed increased WSR for the subject
nonresidential service and the bases therefor. The applicant shall thereafter have thirty
(30) days to respond.
(2) The Utilities Executive Director may, following any appropriate investigations
including requests for additional information from the applicant, impose an increased
WSR if the Utilities Executive Director finds that the following conditions are met:
a. An increased WSR for the subject nonresidential service is appropriate
based on all known facts.
b. The increased WSR for the subject nonresidential service is at least 10%
more than the WSR that would otherwise be imposed by this Section.
c. The increased WSR for the subject nonresidential service is required to
avoid adverse impacts to the water utility.
(3) The Utilities Executive Director shall notify the applicant in writing of the
decision and state the reasons therefor.
Section 10. That Section 26-150 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-150. - Water supply requirement (WSR); satisfaction.
(a) The WSR imposed pursuant to this Division may be satisfied by one (1) or more of the
following methods:
(1) Transfer to the City the following rights to be accepted at the following rates:
Colorado-Big Thompson units 1.0 acre foot per unit
North Poudre Irrigation
Company shares
4.0 acre feet per share
(21) Submittal to the City of water certificates issued by the City or WSR credits in the
City’s records. The value of each such certificates and credits shall be the amount shall
stated on the face of the certificate or record of the credit, and pursuant to §26-149(hj), if
and to the extent applicable.
(32) Payment of cash in the amount prescribed in § 26-129 for each acre-foot 325,851
gallons of WSR.
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(4) For applicants seeking a temporary water connection under Subsection 26-120(e)(1),
payment of cash to Utilities in the amount stated for water service in § 26-129(b)(4).
(5) Transfer to the City of the rights identified in this Subsection (5), provided that the
applicant meets the requirements of this Subsection (5). On or before January 1, 2019,
the applicant must submit an application for a water service permit together with a
request to submit rights to meet the WSR pursuant to this Subsection (5), which shall
include proof, to the satisfaction of the Utilities Executive Director, that the applicant:
has owned the rights intended to be transferred to the City since February 14, 2017;
has been pursuing plans to develop property in the Utilities water service area as
evidenced a complete application for an overall development plan, project
development plan, change of use, or major amendment submitted to the City on or
before February 14, 2017; and acquired said rights for the purpose of meeting the
City's water furnishing requirements for said property as set forth in an affidavit. If
such a request is approved, the rights approved to satisfy the WSR for said property
shall not be transferred to another property. The water rights that may be transferred
to the City pursuant to Subsection (5) and the conversion factors are as follows:
Arthur Irrigation
Company shares
3.442 acre feet per share
Colorado-Big Thompson units 1.0 acre foot per unit
Larimer County Canal No. 2
Irrigating Company shares
42.687 acre feet per shares
New Mercer Ditch Company
shares
30.326 acre feet per share
North Poudre Irrigation
Company shares
4.0 acre feet per share
Pleasant Valley and Lake Canal
Company shares
39.74 acre feet per share
Warren Lake Reservoir
Company shares
10 acre feet per share
. . .
Section 11. That the changes to City Code set forth herein shall go into effect on
January 1, 2022.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 5th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
-1-
ORDINANCE NO. 120, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS
LAND USE CODE REGARDING LANDSCAPE WATER USE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190,1997, the City
Council enacted the Fort Collins Land Use Code (the “Land Use Code”); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, City staff has proposed the changes to the Land Use Code set forth below to
refine certain requirements associated with landscape water use, in part, to assure that lands
within Fort Collins have adequate water supplies; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored issues related to the Land Use Code; and
WHEREAS, at its July 15, 2021 meeting, the Planning and Zoning Board recommended
that Council adopt the Land Use Code amendments set forth in this Ordinance; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 3.2.1(E)(3) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
3.2.1 Landscaping and Tree Protection
(E) Landscape Standards.
. . .
(3) Water Conservation. Landscape plans shall be designed to incorporate water-efficient
techniques.
. . .
(b) Landscape plans shall include:
-2-
1. A water budget chart that shows the total annual water use, which shall not exceed
an average of fifteen (15) gallons/square foot/year for each water tapthe
landscape.
a. Accurate and clear identification of all applicable hydrozones using the
following categories:
High Hydrozone 18 gallons/square feet/season year
Moderate Hydrozone 1014 gallons/square feet/season year
Low Hydrozone 38 gallons/square feet/season year
Very Low Hydrozone 03 gallons/square feet/season year
. . .
Section 3. That Section 3.2.1(J) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(J) Irrigation.
(1) Provision shall be made for permanent, automatic irrigation of all plant material, with
the following exceptions:
(a) very low-water-use plantings that do not require any supplemental irrigation
beyond establishment.
(b) trees and other plants used to landscape a residential local street parkway abutting
lots for single-family detached dwellings.
(2) For any development provided water within the City, an a final irrigation plan shall be
submitted to and approved by the Director prior to the issuance of the building permit,
or if no building permit is required, then prior to commencement of construction. As
determined by the Director, minor redevelopment or change of use projects may not be
required to submit an irrigation plan; in such cases, a written statement shall be
submitted describing the type of irrigation system proposed. The irrigation plan shall
incorporate the City of Fort Collins Irrigation System Standards for Water
Conservation set forth below. In addition, the irrigation system must be inspected for
compliance with the approved irrigation plan before the issuance of a Certificate of
Occupancy.
. . .
Section 4. That the changes to City Land Use Code set forth herein shall go into
effect on January 1, 2022.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 5th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk