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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/20/2003 - FIRST READING OF ORDINANCE NO. 083, 2003, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 28 DATE: May 20, 2003 FORT COLLINS CITY COUNCIL FROM: 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 the Ordinance on First Reading. EXECUTIVE SUMMARY: Staff 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 prohibit xeriscape(water-conserving)landscaping,solar collectors,clotheslines,compost bins,or mandating turf grass landscaping. 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 the conservation of the city's water,soil,electric and natural gas resources, any provision contained in any private covenant or other agreement affecting real property, regardless of 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: may ITEM NUMBER: 28 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. . ORDINANCE NO. 083, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS 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 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 See. 12-120. Promotion of conservation. In order to promote the conservation of water, soil, electric and natural gas resources, any provision contained in any private covenant or other agreement affecting real property, regardless of 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 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 be repealed in its entirety. and shall not be enfoLceable by any person ot CILtity. 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 • . Excerpt from Water Board Meeting Minutes April 24,2003 Revisions to City Code and Land Use Code Gale McGaha Miller, Regulatory and Government Affairs Manager, discussed the general approach of moving requirements from the Land Use Code to the City Code to make them more widely applicable - - since the Land Use Code only applies to developments approved under the Land Use Code. By moving it to City Code, it not only makes the requirements more widely applicable, but also makes them easier to enforce. The first piece of language proposed to be added to the Health and Safety section of City Code (Section 12-130) is a modified version of language currently in the Land Use Code that promotes conservation by prohibiting the establishment or enforcement of private covenants that prohibit certain specified conserving activities. Covenants enforced by home owner's associations (HOAs) sometimes ban clothes lines,xeriscaping, composting bins, or other activities that homeowners could do to conserve resources. The new language within this section of City Code allows citizens to participate in these conservation practices without being subject to enforcement action for violating their HOA bylaws. The next piece regards organic soil amendments, or the loosening and addition of compost or peat to enrich the clay soil prior to landscaping to help in water conservation . (Section 12-131). The new language is a modified version of language currently in the Land Use Code, and includes requirements for soil amendments for all new building permit lots, and is written to facilitate an inspection program associated with these soil amendment processes. Staff also suggested an addition to Section 26-47 of City Code to authorize the City to shut off water from the street main to prevent substantial loss of water: An example might be the shutting off of water to a large greenbelt area with broken sprinkler heads. It was also suggested to change Section 26-166 and 26-167 of City Code to clarify the definition of water wasting and authorize the City to enact watering restrictions in the event of a drought, water shortage or emergency. Board member Ted Borstad made a motion to approve Section 12-130 of the City Code with the amendment, "...clothes lines (if located in backyards and if completely screened from view from public streets)..."to read"...clothes lines (if located in backyards)..." Ted also added to approve Section 12-131 without amendments and to be moved from the Land Use Code to the City Code along with Section 12-130. David Lauer seconded the motion and it passed. Sections 26-47, 26-166 and 26-167 were tabled until another meeting because of time constraints. •