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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2003 - ITEMS RELATING TO REQUIREMENTS FOR SOIL AMENDMENTS AGENDA ITEM SUMMARY ITEM NUMBER: 29 A-B DATE: May 20, 2003 10 FORT COLLINS CITY COUNCIL STAFF: Gale McGaha Miller/ Bob Zakely SUBJECT: Items Relating to Requirements for Soil Amendments. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. FINANCIAL IMPACT: The cost of the inspection program for the remainder of 2003 is estimated at $65,000 and will be approximately $69,000 per year in 2004 and 2005. Funds for the 2003 appropriation are available in the Water Fund reserves. A fee, currently estimated at $42, will be collected on all building permits requiring soil amendments for landscaping. This revenue will be used to offset the cost of the inspection program. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 084, 2003, Amending Chapter 12 of the City Code to Add Requirements for Soil Amendments and Amending a Similar Provision of the Land Use Code. B. First Reading of Ordinance No. 085, 2003, Appropriating Prior Year Reserves in the Water Fund to Initiate a Soil Amendment Inspection Program. Item "A" proposes changes to the City Land Use Code and additions to the City Code to provide clarity on soil loosening requirements, to allow the use of more types of soil amendments and topsoil, and to permit for discretion to temporarily suspend or waive soil amendment requirements if compliance is unreasonably difficult due to weather or site conditions, or is not reasonably possible due to physical constraints in a particular area of a property. Item "B" appropriates $65,000 in the Water Fund for 2003 for the purpose of hiring staff and purchasing the equipment necessary to initiate an inspection program. This appropriation is required for an inspection program to ensure compliance with the existing soil amendment provisions of the Land Use Code whether or not Council approves the soil amendment code changes recommended in Item"A". DATE: y ITEM NUMBER: BACKGROUND: As a water conservation measure, in 1998 Land Use Code ("LUC") Section 3.8.21 was enacted requiring that, prior to installation of turf grass and/or plant materials, soils be loosened and organic soil amendments incorporated. For commercial projects subject to the LUC, enforcement has been accomplished through a system wherein as a condition of receiving a certificate of occupancy ("C.O.") the applicant is required to submit an affidavit affirming the soils have been amended. Compliance on residential lots subject to the LUC has not been enforced either by the submission of an affidavit or a field inspection. In an effort to increase water conservation in the city, the City Manager directed staff to more actively ensure that soils are amended. Staff has recently begun inspecting lots to assure proper soil amendment prior to issuance of a C.O. This enforcement effort has brought to light several inequities and inconsistencies in the current LUC provision: • It does not apply to developments established pursuant to the zone district and land use regulations in effect on March 27, 1997 (i.e., "P.U.D." projects), thereby exempting approximately 65% of currently available buildable lots. • It does not apply to those often large landscaped areas, such as greenbelts or private parks, for which no building permit or certificate of occupancy is required. • It contains incomplete specifications with regard to depth of soil loosening, and types of amendments allowed. • It does not allow the placement of topsoils in lieu of amending the soils. • It provides no mechanism to temporarily waive the requirement when soils are frozen or too wet to work, or in certain areas that are not feasible to amend. In order to address these concerns, staff proposes that new language be added to the City Code which would be applicable to all building projects (including P.U.D. projects), and that LUC Section 3.8.21 be modified such that these requirements apply to all landscaped areas in developments regardless of whether a building permit is required. Proposed language in both the City Code and Land Use Code provides clarity on soil loosening requirements, allows the use of more types of soil amendments and topsoil, and allows for discretion to temporarily suspend or waive soil amendment requirements if compliance is unreasonably difficult due to weather or site conditions, or is not reasonably possible due to physical constraints in a particular area of a property. Public Outreach: Staff sent a letter on March 25, 2003, to all builders notifying them that inspections would now be required in addition to affidavits for all LUC projects. Staff met individually with over 30 different builders and landscapers to discuss both the change in practice for LUC projects and the proposed code changes. Staff presented the proposed Code changes to the Water Board on April 24, 2003. The Water Board recommended approving these changes. 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. At the May 1 meeting, DATE: ITEM NUMBER: several members of the public raised concerns that the proposal created a hardship for builders. Concerns included the difficulty of maneuvering soil amending equipment in small lots, the cost shift to builders, how to amend soil in adverse weather conditions, which depth of soil tilling was best, and the problem of amending expansive soils in areas close to the foundation. The Planning and Zoning Board voted to table action on the item and recommended that staff engage in soliciting the input of the builders' community prior to bringing the matter to City Council. The Board recommended that staff bring the item back to the Board at its meeting on June 5. On May 2, 2003, staff attended a Homebuilder's Association brown bag meeting with the City Manager, explained the proposed code changes, and solicited input. The home builders expressed similar concerns to those raised at the Planning and Zoning Board, but expressed its support for the general concept of soil amendment practices. One suggestion made at that meeting was that the burden to amend soils be shifted back to landscapers, and that the requirement take the form of required permits for landscaping work and licensure of landscapers. Several other informal outreach efforts took place between staff and the public, via visits and phone conversations. Another suggestion by a member of the public was that a compromise approach might be to continue the affidavit system, but expand it to apply to all landscaped areas. It was further suggested that if under the affidavit system, inspections were not carried out, fees would not be needed. Under that scenario, occasional spot checks could be made to determine whether there was a compliance problem. If it were determined that inspections were necessary, then an inspection program could be added later. Appropriation for Inspection: The Water Utility will assume responsibility for the inspection program as part of the Utilities' water conservation program. The proper addition of organic soil amendments will help reduce the amount of water needed for future maintenance of the turf and landscaped areas. The $65,000 appropriation requested for 2003 will be used to hire and equip an employee to conduct the inspection program for through the remainder of the year. A request for appropriations to continue the inspection program will be included in the Water Fund's 2004-2005 budget. This appropriation is needed to ensure compliance with existing soil amendment provisions in the Land Use Code as well as any revisions to the soil amendment requirements that may be adopted as part of Item "A." Attachments: • Water Board Minutes • Proposed Code and Land Use Code language Planning and Zoning Board Minutes will be sent under separate cover before the meeting. ORDINANCE NO. 085, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CITY CODE TO ADD REQUIREMENTS FOR SOIL AMENDMENTS AND AMENDING A SIMILAR PROVISION OF THE LAND USE CODE WHEREAS, Section 3.8.21 of the Land Use Code of the City of Fort Collins currently provides that, for any development project approved under the Land Use Code, the issuance of a certificate of occupancy shall be conditioned upon the loosening of soil areas and incorporation of organic soil amendments in areas to be planted; and WHEREAS, in order to improve the conservation of irrigation water through properly conditioned soils in landscaped areas, staff has recommended that this requirement be expanded to apply to all certificates of occupancy, rather than only those for developments approved under the Land Use Code; and WHEREAS, staff has also recommended that the soil loosening and amendment requirements be applied to landscaped areas within developments,whether or not a building permit or certificate of occupancy is required for completion of those areas; and WHEREAS, the expanded scope of the building permit and certificate of occupancy . requirements 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 3.8.21 of the Land Use Code, modified to expand the scope of its application and to more specifically describe the required activities and the process for administering the requirements; and WHEREAS, the inclusion of development areas not covered by building permit and certificate of occupancy requirements can be accomplished by modifying the language of Section 3.8.21 of the Land Use Code; and WHEREAS, the Water Board considered the proposed new City Code section on April 24, 2003, and recommended approval; and WHEREAS,the Planning and Zoning Board considered the proposed new City Code section on May 1,2003,and recommended that staff conduct additional discussions with local homebuilders and landscapers to work through areas of concern related to the proposed requirements; and WHEREAS,the City Manager and City staff have met with and received additional feedback from local homebuilders and landscapers regarding the proposed soil loosening and amendment requirements,and modifications have been made to the proposed language to address certain of the concerns that have been expressed; and WHEREAS, the City Council has determined that the important public health, safety and welfare objective of conserving valuable resources including water and soil will be served and advanced by the enactment of the soil loosening and amendment requirements described hereinbelow. 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 2, entitled "Organic Soil Amendments", be added to said Article VII to read as follows: ARTICLE VII. RESOURCE CONSERVATION DIVISION 2. ORGANIC SOIL AMENDMENTS Sec. 12-130. Purpose. The provisions of this Section are intended to enhance soil water storage capacity, improve conditions for plant growth and reduce water runoff. Sec. 12-131. Definitions. The following words,terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section: Organic soil amendments shall mean compost, peat or aged manure or other organic material approved by the City Manager as appropriate to meet the objectives of this Section. Top soil shall mean a friable mixture of sand,silt and clay particles,each within the following limits: Sand(0.05 -2.00 mm) Maximum 75 % Minimum 20 % Silt (0.002—0 05 mm) Maximum 60 % Minimum 5 % Clay(less than 0.002 mm) Maximum 30 % Minimum 5 % Top soil shall have an organic matter content of greater than five percent(5%) and a pH between 6.0 and 8.0,and shall be free from noxious weeds and roots,salts,clay lumps, any non-soil materials such as rock, concrete, brick chips, or building materials,foreign matter,and any chemical,biological or radiological contaminants. Sec. 12-132. Regulations. (a) As a condition of the issuance of a certificate of occupancy, the holder of any building permit shall be required to prepare any such area in which any plant materials, including but not limited to grass, seed, flowers, shrubs or trees, are expected or intended to be installed,prior to installation of any plant materials in that area, as follows: (1) the soil in such areas shall be thoroughly loosened to a depth of not less than eight(8) inches; and (2) organic soil amendments shall be thoroughly incorporated into the soil of such areas to a depth of at least six (6) inches by tilling, discing or other suitable method, at a rate of at least three (3) cubic yards of soil amendment per one thousand(1,000) square feet of area to be planted, unless at least four (4) inches of loose top soil has been placed on the area after completion of construction activity on top of not less than four (4)inches of loosened subgrade soils. Documentation of the content and quantity of the soil amendment and top soil placed in an area,prepared by the commercial source of the material or a qualified soils testing laboratory shall be retained and submitted in connection with the certification required in § 12-132(b). (b) Prior to the issuance of any certificate of occupancy, the prospective recipient of such certificate of occupancy shall affirm and certify,in writing, that all planted areas were thoroughly loosened and the soil amended, consistent with the requirements set forth in this Section, at the time of planting. (c) In the event that the City Manager determines that compliance with this Section is rendered unreasonably difficult by weather or seasonal conditions,the City . Manager may temporarily suspend the application of this requirement, contingent upon the provision by the prospective recipient of such arrangements, guaranties or assurances as the City Manager determines to be adequate to ensure compliance. (d) In the event that the City Manager determines that compliance with this Section in a specific area is unreasonably difficult as a result of site conditions such as, for example, an excessively steep gradient or a very narrow side lot, the City Manager may waive the application of this requirement for such area. (e) The City Manager may inspect any property in order to determine compliance with the requirements of this Section as a condition of issuance of any certificate of occupancy. (f) Payment of any administrative fee established by the City Manager for the purpose of recovering the costs of administering and enforcing the requirements of this Section shall be required as a condition of issuance of any building permit, excluding any building permit where it can be shown that no areas within the project limits will be disturbed by construction activities and planted with vegetation. • Section 2. That Section 3.8.21 of the Land Use Code of the City of Fort Collins be amended to read as follows: 3.8.21 Organic Soil Amendments that have been compacted or distmbed by constrtiction activity, streir as Compost,pent or aged mmitne)shall be thototighly "'Ce"Fvrated into the soil of stich areas at a rate of at least three (3) cabic yards of soil area to be planted. Prim to die issaame of any certificate of omapancy, the mcipielit 0 site!!certifimte of ocetipancy shaii affinn and certify,in writing,that the ttIrF 6IMS and/01 OHICL 11iWLted areas that haoc been compacted OL grass anciiot other plant materials. to the zone district and land ase tertilations in effect on Nimch 2?, 1997. For any development project,priorto installation of any plantmaterials, including but not limited to grass,seed,flowers,shrubs or trees,the soil in the area to be planted shall be loosened and amended in,,a manner consistent with the requirements of City Code Section'12-132(a), regardless of whether a building permit is required for the specific lot, tract or parcel in which the area is.located. A certification consistent with the requirements of City Code Section 12-132(b)shall be required and shall be made to the#Diirecto The Director mayitemporanly stisend otWat orphan16" ao�s and in theanneset j gitlt �n°City Code ec ons 23 ); 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. 084, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND TO INITIATE A SOIL AMENDMENT INSPECTION PROGRAM WHEREAS, organic soil amendments are required by the City's Land Use Code Section 3.8.21 prior to landscaping and turf installation; and WHEREAS, compliance with this regulation has been sporadic since there has not been a formal inspection program; and WHEREAS,the proper addition of organic soil amendments will help reduce the amount of water needed for future maintenance of the turf and landscaped areas; and WHEREAS,the Water Utility is willing and able to assume responsibility for the inspection of the amendments as part of the Water Utilities' water conservation program; and WHEREAS, the projected cost to hire and equip an employee to conduct the inspection program for the remainder of 2003 is $65,000; and WHEREAS, the costs of the program will be offset by a fee, currently estimated at$42, to be collected on all building permits requiring soil amendments for landscaping; WHEREAS,Article V,Section 9,of the Charter of the City of Fort Collins permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff has determined that the appropriation from prior year reserves to initiate a soil amendment inspection program as described herein, will not cause the total amount appropriated in the Water Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sum of SIXTY-FIVE THOUSAND DOLLARS($65,000)is hereby appropriated for expenditure from the Water Fund prior year reserves to initiate a soil amendment inspection program. Introduced, 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.