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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2003 - SECOND READING OF ORDINANCE NO. 083, 2003, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 25 FORT COLLINS CITY COUNCIL DATE: June 3, 2003lip FROM Gale McGaha-Miller SUBJECT : Second Reading of Ordinance No.083,2003,Amending Chapter 12 of the City Code to Nullify All Covenant Restrictions on Certain Resource Conserving Activities and Eliminating a Similar Provision of the Land Use Code (Option A or Option B). RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance was unanimously adopted on First Reading on May 20, 2003. It proposes a new Section 12-120 in Chapter 12 of the City Code(Health and Safety)that nullifies any private property covenant, regardless of when made or recorded, which prohibits xeriscape (water-conserving) landscaping, solar collectors, clothes lines, compost bins, or mandating turf grass landscaping. It also adds language nullifying covenants which mandate that a portion of any individual lot be planted in turf grass. After discussion at the May 20, 2003, Council meeting, two definitions have been added to the Ordinance. The first defines "restrictive covenant." The second defines "xeriscape landscaping." The effect of the second definition would be to more clearly specify the kind of landscaping that cannot be prohibited by restrictive covenants. Under this definition, a restrictive covenant could not prohibit any of the following: • grouping plants with similar water requirements together on the same irrigation zones; • limiting high-irrigation turf and plantings to appropriate high-use areas with high visibility and functional needs; • use of low-water demanding plants and turf; • use of efficient irrigation systems; • incorporation of soil improvements; and/or • use of mulches. However, a restrictive covenant could still prohibit the installation of artificial turf or plants; mulched (including gravel) beds or areas without landscape plant material; paving of areas not required for walkways,patios,or plazas of parking areas;bare ground; or weed covered or infested surfaces. DATE: ITEM NUMBER: 23 Additionally, an Option B has been added for Council's consideration. The difference between Option A and Option B is that Option A simply nullifies the kinds of restrictive covenants that are referenced in the Ordinance, while Option B would make it a violation of the City Code for any person (including a homeowner's association) to create or enforce such a covenant. As a practical matter, Option A would provide a legal defense to a homeowner who was threatened with enforcement of a prohibited restrictive covenant, while Option B would enable the City to actively investigate allegations that a homeowner's association has created or enforced such a covenant and, if a violation was found to exist, to issue a citation to the offending homeowner's association or individual seeking to enforce the covenant. • ORDINANCE NO. 083, 2003 OPTION A OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CITY CODE TO NULLIFY ALL COVENANT RESTRICTIONS ON CERTAIN RESOURCE CONSERVING ACTIVITIES AND ELIMINATING A SIMILAR PROVISION OF THE LAND USE CODE WHEREAS, Section 3.4.9 of the Land Use Code of the City of Fort Collins currently nullifies and renders unenforceable any private covenants or other agreements established after July 1, 2001, that restrict the use of real property for certain resource conserving activities, including xeriscape landscaping, specified solar collectors, specified clothes lines, and compost bins; and WHEREAS, in order to more widely promote, encourage and allow the use of resource conserving practicing in the use of real property, staff has recommended that this prohibition be expanded to prohibit the enforcement of similarly restrictive covenants or agreements in existence before July 1, 2001; and WHEREAS,in addition, staff has recommended that the City also prohibit enforcement of any private covenants which mandate that turf grass landscaping be planted on real property; and • WHEREAS,these modifications can be accomplished by adding as a new section in Chapter 12 of the City Code a version of the language currently provided in Section 3.4.9 of the Land Use Code, modified to expand the scope of its application and to address turf grass requirements; and WHEREAS, the Water Board considered the proposed new City Code section on April 24, 2003, and recommended approval with certain modifications that have been incorporated herein; and WHEREAS,the Planning and Zoning Board considered the proposed new City Code section on May 1,2003,and expressed no objection to the substance of the provision,but recommended that further public outreach be conducted; and WHEREAS,with the addition of the proposed new City Code provision,Section 3.4.9 of the Land Use Code is no longer needed and staff has recommended that it be deleted; and WHEREAS, the City Council has determined that the important public health, safety and welfare objective of conserving valuable resources including water, soil, electric and natural gas resources,and recycling certain compostable wastes,will be served and advanced by prohibiting the enforcement of private covenants that prohibit the installation of xeriscape landscaping,solar/photo- voltaic collectors, clothes lines (if located in backyards), or odor controlled compost bins, or that require a portion of any individual lot to be planted in turf grass. . NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a new Article VII,entitled"Resource Conservation"be added to Chapter 12 of the Code of the City of Fort Collins,and that a new Division 1,entitled"Generally"be added to Article VII with a new Section 12-120 to read as follows: ARTICLE VII. RESOURCE CONSERVATION DIVISION 1. GENERALLY Sec. 12-120;' Definitions Restrictive covenant shall mead any covenant,restriction or condition applicable to real.property for the purpose of controlling land use,but shall not include any covenant;restncttonor ci;ii n Imposed on such real property by aqy govera1'- entify. XeresN l ndscapmgast all mesh and or alI of the o o nrig' (a) gru�ptng p � th stmtlarater"re qutremerfstogetfier on the same rrt im pones, (b) limiting htgh�imgahon turFaztd plantings to•appropriate high-use areas with lvgh vtpitit�ltty unn honal needs; (c) use of low watei�iiemanititt a srtts and turf; (d) use of effictent trahorl systems; (e) rncoz�ioatio F' sotl rmprovements; and/or_ (f) use'o€mine'lies; Xenscape iandscaping shall not include artificial turf or plants;mulched (including gravel)beds or areas without riandscape'plant rnateriaL paving'of areas not required for walkways,patios, or plazas or parking areas;bare ground-,Or weed covered or infested surfaces. Sec. 12420121. Promotion of conservation. In order to promote the conservation of water, soil, electric and natural gas resources, any provision contained in any privaterestrictive covenant, or other egardless of when made or recorded, which has the effect of prohibiting r lij ling the installation_oruse of xeriscape(water-conserving)landscaping, solar/photo-voltaic collectors (if mounted flush upon any established roofline),clothes lines (if located in backyards),or odor-controlled compost bins,or which has the effect of requiring that a portion of any individual lot be planted in turf grass,shall be null and void and shall not be enforceable by any person or entity. Section 2. That Section 3.4.9 of the Land Use Code of the City of Fort Collins is hereby repealed in its entirety. Introduced and considered favorably on first reading and ordered published this 20th day of May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk • ORDINANCE NO. 083, 2003 OPTION B OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CITY CODE TO PROHIBIT THE CREATION OR ENFORCEMENT OF COVENANT RESTRICTIONS ON CERTAIN RESOURCE CONSERVING ACTIVITIES AND ELUVIINATING A SIMILAR PROVISION OF THE LAND USE CODE WHEREAS, Section 3.4.9 of the Land Use Code of the City of Fort Collins currently nullifies and renders unenforceable any private covenants or other agreements established after July 1, 2001, that restrict the use of real property for certain resource conserving activities, including xeriscape landscaping, specified solar collectors, specified clothes lines, and compost bins; and WHEREAS, in order to more widely promote, encourage and allow the use of resource conserving practicing in the use of real property, staff has recommended that this prohibition be expanded to prohibit the creation or enforcement of similarly restrictive covenants or agreements; and WHEREAS, in addition, staff has recommended that the City also prohibit any private covenants which mandate that turf grass landscaping be planted on real property; and • WHEREAS,these modifications can be accomplished by adding as a new section in Chapter 12 of the City Code a version of the language currently provided in Section 3.4.9 of the Land Use Code, modified to expand the scope of its application and to address turf grass requirements; and WHEREAS,the Water Board considered the proposed new City Code section on April 24, 2003, and recommended approval with certain modifications that have been incorporated herein; and WHEREAS,the Planning and Zoning Board considered the proposed new City Code section on May 1,2003,and expressed no objection to the substance of the provision,but recommended that further public outreach be conducted; and WHEREAS,with the addition of the proposed new City Code provision,Section 3.4.9 of the Land Use Code is no longer needed and staff has recommended that it be deleted; and WHEREAS, the City Council has determined that the important public health, safety and welfare objective of conserving valuable resources including water, soil, electric and natural gas resources,and recycling certain compostable wastes,will be served and advanced by prohibiting the creation or enforcement of private covenants that prohibit the installation of xeriscape landscaping, solar/photo-voltaic collectors, clothes lines (if located in backyards), or odor controlled compost bins, or that require a portion of any individual lot to be planted in turf grass. • NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That anew Article VII,entitled"Resource Conservation"be added to Chapter 12 of the Code of the City of Fort Collins,and that a new Division 1,entitled"Generally"be added to Article VII with a new Section 12-120 to read as follows: ARTICLE yIL&„ OtJ�tC�bE°,' TION DIVISION 1 �tGF.NERALLY Sec. 12-120. Definition`s: Restrictive covenant shall mean any covenant,restriction or condition applicable to real property for the purpose of controlling land use,but shall not include, covenant rescoon`or condition imposed on such real"propgify by �. ango�e ental'e t' C `capfgll4P hgl any„p�r.i ofthe folio ymg grou m nisi 'tCi'stmtla waf er requirements togethe on"the sam� s° Te s (b) limiti4,hightiriigAfi6ff turf rand plantings to appropriate high-use areas wthlughy tbtlitatil fun cUonal needs; (c) use o to waterdexnan ng p ants an tuff; 1 v y (d) use of efficient tmgaUon systems; (e) mcorppr, oft of soil improvements, and/or (f) use of"mulches; Xeriscape landscaping'`sibail not include artificial turf or plants;mulched (including gravel)beds or,areas without landscape plant material; paving of areas not required for walkways,patios,or plazas or parking areas;bare ground; or weed covered or infested surfaces. Sec. 12-121.. Purpose. Theagu,pose ithi thvtsign is,to promote the conservation of water,soil, electric.and natural ga"s resources. Sec. 12-122.Promotion of conservation. No person shall create,cause to be created,enforce or seek to enforce any protsto ontazned in'anyrestnc�trve covenant which has the effect(oaf prolubrting or;`°` rig e`ns afioorof x" ca andsoaping�solar t ofatc co ec ors(i mount ush upoaian es shed roof 7tne),clothe es(if ,'.fa 'a, ytttP 'g'e"R �.. „y. ems• �;9'FtDifi-`� .'.r "�"tH" y 4.. lo�;�telf,�"nta�lc yatd�) or�odgr.,cor� a compost�n�„s�,o�which has tie effect,of regmnng[fiat a porttonof:any indrvi ual lot be planfed in turf grass. Section 2. That Section 3.4.9 of the Land Use Code of the City of Fort Collins is hereby repealed in its entirety. Introduced and considered favorably on first reading and ordered published this 20th day of May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 28 FORT COLLINS CITY COUNCIL DATE: May 20, 2003FROM• Gale McGaha-Miller SUBJECT: First Reading of Ordinance No. 083, 2003, Amending Chapter 12 of the City Code to Prohibit All Covenant Restrictions on Certain Resource Conserving Activities and Eliminating a Similar Provision of the Land Use Code. RECOMMENDATION: Staff recommends adoption of e Ordin ce o PtReading EXECUTIVE SUMMARY: Staff proposes a new Section 12-120 in Chapter 12 of the City Code (Health and Safety) that nullifies any private property Speng g�ddles 0 wh� ma5e or recorded, which prohibit xeriscape(water-conserving)landscapm olaz&)Il tors clothesrlines,compost bins,ormandating lipturf grass landscaping. k.� Nearly identical language currently exists in Section 3.4.9 of the Land Use Code. The Land Use Code applies primarily to new development. Accordingly, the existing provision only applies to covenants established after July 1, 2001. In order to assure uniform applicability of this language to all covenants,staff proposes that the language be moved from the Land Use Code to a new Article VII of Chapter 12, of the City Code and that the language be changed to apply to all covenants or other agreements affecting real property,regardless of when made or recorded. Staff also proposes to add language prohibiting covenants from mandating that a portion of any individual lot be planted in turf grass. The proposed new language is as follows: "In order to promote thCconserva on of a t�ater� o'il,electric and natural gas resources, any provisioncon weed i ny*rivate co enant or other agreement AL affecting real property, regardless o when made or recorded, which has the effect of prohibiting any owner of private property from installing xeriscape (water- conserving) landscaping, solar/photo-voltaic collectors (if mounted flush upon any established roofline), clothes lines (if located in the backyard), or odor-controlled compost bins, or has the effect of requiring that a portion of any individual lot be planted in turf grass, shall be null and void and shall not be enforceable by any person or entity." Public Outreach: Staff presented the proposed Code changes to the Water Board on April 24,2003. The Water Board recommended approving these changes with minor edits. DATE: ITEM NUMBER: Staff also presented the proposed Code changes at a work session of the Planning and Zoning Board on April 25,2003 and at its formal meeting on May 1,2003. The Planning and Zoning Board voted to table action on the item and recommended that staff engage in soliciting the input of homeowner's associations prior to bringing the matter to City Council. The Board recommended that staff bring the item back its next meeting on June 5. Several other informal outreach efforts took place between staff and the public,via visits and phone conversations. COP COFY -