HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2000 - FIRST READING OF ORDINANCE NO. 104, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: August 15, 2000
FORT COLLINS CITY COUNCIL Wendy Williams/
STAFF: Michael B. Smith
SUBJECT:
First Reading of Ordinance No. 104, 2000, Amending Article III of Chapter 20 of the City Code
to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the
Grass Height Limitation of Section 20-42 of the City Code, But Allowing Certain Ornamental
Grasses to be Exempt from the Grass Height Limitation.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
On May 16, 2000, Council voted 7-0 to make a finding that the City's Xeriscape Certification
and Grass Height Variance Program was improperly adopted. Council adopted Resolution 2000-
72 directing the City Manager to repeal the City's Xeriscape Certification Program and the Grass
Height Variance Program. The Resolution directed the City Manager to provide research and
information to the Council regarding the possible future adoption of an ordinance delegating
authority to the Water Utility to adopt a xeriscape certification and grass height variance
program. Council also directed the City Manager to hold all pending applications for xeriscape
certification in abeyance until the City adopts a new xeriscape certification program, or until the
City Council determines that such a program will not be adopted.
After reviewing the Xeriscape certification program, the City Manager and staff have determined
that the program should be discontinued. However, while reviewing the xeriscape certification
and grass height variance issue, it became evident that if the xeriscape variance was eliminated
that there would still be the need to find a way to allow ornamental grasses. Ornamental grasses
are popular landscape accents and most of them grow taller than six inches and are harmed by
mowing. Currently, the City Code limits the height of all grasses to six inches. Therefore, while
the proposed Ordinance would eliminate the Xeriscape Certification Program, it would also
permit certain ornamental grasses to be exempt from the six (6) inch grass height limitation.
BACKGROUND:
The Utilities developed a xeriscape certification program to recognize and encourage water-
conserving landscapes, in keeping with the water demand management policy. City Council
adopted Ordinance No. 89, 1994 designating the certification program as part of changes to the
City Code provisions relating to grass, weeds and brush. The Ordinance also limited the height
of grasses to six inches. Because some xeriscapes contain ornamental grasses, a certified
xeriscape may also receive a conditional variance from the Code provisions that regulate the
height of grasses.
DATE: August 15, 2000 2 ITEM NUMBER: 22
The original intent of the certification program was to recognize and thereby encourage the use
of attractive low water use plants, as an alternative to bluegrass lawns and plants that are not
suited to Colorado's and climate. For most people, "a picture speaks a thousand words," and
examples of xeriscape are needed to demonstrate that xeriscape is not "zeroscape;" that it
consists of more than just rocks and cacti.
While there are several lovely landscapes in Fort Collins that incorporated xeriscaping
principles, the homeowners have not sought certification for their landscapes. During the six
years the program has been in effect, the Utilities has received two applications for certification.
In both cases, the certification was sought in response to a notice that they were in violation of
the City's grass height ordinance. Certification was granted to the first applicant, along with a. A
grass height variance was also granted for an ornamental grass.
The certification program is not being utilized as a means for recognition, but as a way to obtain
a variance for tall grasses. Other efforts to promote xeriscape, listed below, have proven more
effective than the certification program.
• Sponsoring an annual xeriscape program as part of the City's environmental
series.
• Distributing and displaying xeriscape information at the library, city
buildings, various events and by request.
• Serving on the board of Xeriscape Colorado, a statewide organization for
educating professionals and the public about xeriscape.
• Administering the YARDX (Yield and Reliability Demonstrated in
Xeriscape) project for the Fort Collins area. YARDX is a study to analyze
the water and maintenance savings of xeriscape compared to traditional
landscaping. There are forty homes in the Fort Collins area.
• Speaking about xeriscape at CSU, schools and various organizations.
Maintaining and giving tours of the Xeriscape Demonstration Garden at City
Hall.
• Sponsoring a xeriscape garden and distributing information at the annual Fort
Collins GardenFest, a garden tour that focuses on the environmental and
educational aspects of gardening.
Ornamental Grasses
Many varieties of ornamental grasses are available at nurseries for landscaping. When used as a
supplement to a property's overall landscape area, they are an attractive element. Ornamental
grasses can vary from a foot to 10 feet tall and are in violation of the grass height limitation.
Mowing many of these grasses does irreparable harm to them. The City Code will have to be
amended if ornamental grasses are to be allowed to remain unmowed.
Some History of Xeriscape
"Xeriscape" was coined by Denver Water in 1981. As the concept of xeriscape gained national
recognition, a National Xeriscape Program Network was established. Fort Collins Water Utilities
became a member of the Network in 1985 and was given the right to use the xeriscape name and
logo for educational purposes. In 1986, the Network changed to the National Xeriscape Council.
The trademark and logo for "Xeriscape" belongs to Denver Water.
DATE: August 15, 2000 3 ITEM NUMBER: 22
The president of the National Xeriscape Council, Jim Grabow, stated in its first newsletter in
1986 that, "Xeriscapes should be green, functional and they must be in keeping with local
expectations of aesthetic landscaping." Attractiveness has always been closely tied to the
concept of xeriscape. Xeriscape was never meant to be unattended landscaping with no turfgrass
and no supplemental irrigation.
Program Challenges
The Xeriscape Certification Program has proved to be difficult to administer due to the
subjective nature of some of the criteria. While it is easy to determine whether the plants are low
water use, it is much less straightforward to determine whether a landscape is attractive and
aesthetically pleasing. What is pleasing to one person may be visually offensive to another. In
addition, what is acceptable in one neighborhood may not be appropriate in another
neighborhood. Administering a program that contains value-based criteria is problematic at best.
Recommendation:
Staff recommends that the program be discontinued.
• ORDINANCE NO. 104, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF
CITY OF FORT COLLINS TO ELIMINATE XERISCAPE CERTIFICATIONS
AS THE BASIS FOR A VARIANCE FROM THE ENFORCEMENT OF
THE GRASS HEIGHT LIMITATION OF SECTION 20-42 OF THE CITY CODE, BUT
ALLOWING CERTAIN ORNAMENTAL GRASSES TO BE EXEMPT
FROM THE GRASS HEIGHT LIMITATION
WHEREAS, in June of 1994, the Fort Collins City Council (the "Council") adopted
Ordinance No. 89, 1994, in which it established the Xeriscape Certification Program (the
"Program"); and
WHEREAS,the purpose of the Program was to recognize and encourage water conservation
landscapes, known as xeriscapes, in keeping with City's water demand management policy; and
WHEREAS, xeriscape landscapes often include ornamental grasses that exceed six inches
in height; and
WHEREAS,Section 20-42(c)of the Code of the City of Fort Collins prohibits such grasses
from growing to a height of more that six (6) inches; and
WHEREAS, Ordinance No. 89, 1994, therefore established a variance in Section 20-43(b)
of the City Code from the enforcement of the grass height limitation in Code Section 20-42(c),
provided that the xeriscape landscape was certified under the Program; and
WHEREAS, since the Program was implemented, the Fort Collins Water Utility, which is
responsible for issuing xeriscape certifications under the Program,has received only two applications
for certification, granting one and recently denying the other; and
WHEREAS,the applicants for the xeriscape certification that was recently denied appealed
such denial to the Council, which appeal the Council considered on May 16, 2000, and then issued
its decision in Resolution 2000-72 on May 16, 2000; and
WHEREAS, in Resolution 2000-72, the Council determined that the Program had been
improperly adopted under Ordinance No. 89, 1994,and therefore directed the City Manager to hold
in abeyance all pending applications for xeriscape certification and further directed the City Manager
to provide research and information to the Council concerning the possible future adoption of an
ordinance regarding the Council's delegation of authority regarding the Program; and
WHEREAS,the City Manager and his staff have reviewed the Program and have determined
that in their opinion the Program should be discontinued since it is difficult to administer under
criteria related to the aesthetics of xeriscape landscaping and since water conservation through
• encouraging xeriscape landscapes can be achieved by other means; and
WHEREAS,the City Manager and staff have also determined that while most grasses should
be subject to the height limitation of Section 20-42(c) of the City Code, there are certain grasses,
known as "ornamental grasses", that do not need to be subject to such height limitations so long as
they are only used as a supplement to a property's overall landscaping and not as substitute for
traditional turf grasses; and
WHEREAS,the Council has therefore determined that it is in the best interests of the public's
health, safety and welfare that the Program be discontinued, that the current City Code provisions
relating to the Program be repealed, and that "ornamental grasses" be excepted from the height
limitation of Section 20-42(c) under certain circumstances.
NOW,THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 20-41 of the Code of the City of Fort Collins is amended by the
addition of a definition for"ornamental grasses"and by the deletion of the definition for"xeriscape
certification," as follows:
See. 20-41. Definitions.
Ortiatnental grasses shall riiestr ti of'tht fall wWmg gr
(Alopecurus pratensts} blue o= s � a ( l aFri 51}t
PasO#i�k Slnithrt�a brg ,bl t llCr[t/ �� � ` Ss
(Ar 'Ate elate Xe h d
Rrdcts o r�p 1 H e ;,qd
meth ,feather reed g� GuJT �C a
N F ,
sea,q. Ghasm�znthtum late oh# ¢ P ss anad m i 1p,r1
grass( ynbopoQn cztrtus},tuffC r lta3s( ?eschmpsta irk 1
F
Brass fSYyinus arenarlus, sand i6y ads (EragrottS!
grass(lxrianthus ravermue, r Cicc rauei�trtae) fy)ue fes i e pjneh�d
F awiteu, ar F. ktauca};vaneg8ed k agras (Clyne na vgrxstk#a}>bTue
oatgrfi s'(HelictoYrichon �scmp fe }; Velva t grass(HOlcu M! and4tts ,aatianese
(Le
id#1 �.fI owrus m odli ymussCtka sv
ciliat{ -�giant Chinese silvergrass-M canthus/lortdulor M 7 'arieus) Tapanese
t} Pv t t + E.r.4 '• h 5t Tldi
silver�rass (Mtscanthu oltAo s , silver banner ass { Misc{tnthus
sacO1@0,'.,orus), Ynaiden grass o vergrass Mtscanthus scrtwnsa}, l of ktass
�. v � >
(MolWdfcaerulea), mphl pra$5,(1Ftir#lenber to sppµ)} Indian';:" s Ory2apes
hymenOides or Achndtlterum'E ides) swttchgrass (k? +iicu t vtt7tritum}
featfieig`r�cs.;(Pennrsei 'aXot ; zk�as), thnder #buutain`'1,1*i" (t��Zen6s iiim
setae),feathertop Petemsetutii lllrsrim),ruby grass(RYe lytrwr�nen fume}>
a " r-r�a"s9 .n
little` IdestemSchrzachnum Andrnpagon scoarues , ' ttturdil
moues' (Seslena iiet°{t iit an Mass ° SorRhdsfum' tu }m" or S:
aventtCe rd grass' parta frost o (;raybeard Prpotopaoii spp.)>
prairie dfopseed(Spor6boEus h t r6 rt ,and any outer specie of**s approved
by the!,City Manager that is"customarily used for ornamental purposes and not as a
turf grass.
Section 2. That Section 20-42(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-42. Nuisance declared; regulations.
(a) All weeds, brush piles, unmowed grasses;required to be mowed under
paragraph"(e}`of this Section, refuse and rubbish on a property within the city are
hereby declared to be a nuisance and a menace to the health and safety of the
inhabitants of the city.
Section 3. That Section 20-42(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(c) Except as is provided in subsection paragraph(d)of this Section, it is unlawful
for the owner of any property to permit weeds and grasses to grow upon such
property to a height of more than six (6) inches; prol�tded,, however; tlrltts
paragraph (c shall not be applicable to anX omamental glass so long as tt t&used
solelyM or to t ombination wtth anyotl>gamental grass Grasses,as asuppletnent
to the property's overall laridseape �and does nut co[sSitu'_te in square fualag
more than twenty"(20)perespt clf'tlt'e''jYopety's overall landscaped area.
Section 4. That Section 20-43(b) of the Code of the City of Fort Collins is hereby
repealed in its entirety and Section 20-43(c) is renumbered as Section 20-43(b) as follows:
Sec. 20-43. Exceptions.
(e)(b) An owner of a tract of land that has been certified as a natural area is
permitted to have grasses growing in excess of twelve (12) inches high. This
exception will be limited to the grass species and areas of the site identified with the
certification document.
i
Introduced and considered favorably on first reading and ordered published this 15th day of
August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of September, A.D. 2000.
Mayor
ATTEST:
City Clerk