HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/05/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney City Manager City Clerk
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
July 5, 2017
Proclamations and Presentations
5:30 p.m.
None.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
City of Fort Collins Page 3
1. Consideration and Approval of the Minutes of the May 23, 2017 Adjourned Council Meeting and the
June 6, 2017 Regular Council Meeting.
The purpose of this item is to approve the minutes from the May 23, 2017 Adjourned Council
meeting and the June 6, 2017 Regular Council meeting.
2. Second Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital
Improvement Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement to the
Poudre Fire Authority.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funds from
the Fire Capital Expansion Account to Poudre Fire Authority (PFA) for payment of debt on Fire
Station 4. Station 4, located at 1945 West Drake Road, was built through a Lease/Purchase funding
source at a rate of 4%, with 20 installments. The Fire Capital Improvement Expansion Fund has
been used to make the annual Lease/Purchase payments. The Lease/Purchase agreement allows
for prepayment after December 18, 2017. Paying off the Station 4 Lease/Purchase will save Poudre
Fire Authority $451,000 in interest payments over the next ten years, and will allow Capital
Expansion Fees to build for the future construction of PFA’s next fire station. During the 2017 PFA
Budget process, the Board of Directors directed staff to pay off the outstanding debt on Station 4,
utilizing Capital Expansion Fees that have been collected for the benefit of PFA and held in an
earmarked account.
3. Second Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the
Wastewater Fund for the State Highway 14 Bridge over the Poudre River Project.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates $83,044 into
the Wastewater Fund for work performed by the City as part of the Colorado Department of
Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project.
4. Items Relating to the Adoption of the 2015 International Codes.
A. Second Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Building
Code (IBC) and Adopting the 2015 International Building Code, with Amendments.
B. Second Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Energy
Conservation Code (IECC) and Adopting the 2015 International Energy Conservation Code, with
Amendments.
C. Second Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Residential
Code (IRC) and Adopting the 2015 International Residential Code, with Amendments.
D. Second Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV, of the Code of the
City of Fort Collins for the Purpose of Repealing the 2012 International Mechanical Code (IMC)
and Adopting the 2015 International Mechanical Code, with Amendments.
E. Second Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV, of the Code of the
City of Fort Collins for the Purpose of Repealing the 2012 International Fuel Gas Code (IFGC)
and Adopting the 2015 International Fuel Gas Code, with Amendments.
These Ordinances unanimously adopted on First Reading on June 6, 2017, adopt the 2015
International Codes (I-Codes). The 2015 I-Codes represent the most up-to-date construction
standards establishing minimum requirements to safeguard the public health, safety, and general
welfare from hazards attributed to the built environment within the City of Fort Collins.
City of Fort Collins Page 4
Subsequent to First Reading, IBC local amendment 903.3.1.2 has been edited at Exceptions 1 and 2
to change the reference from “fire wall” to “fire partition” to be consistent with the intent of the
section.
5. Second Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code Regarding
Stadium Events.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, adopts a new violation of
the Residential Parking Permit Program (RP3) for Colorado State University’s (CSU) major stadium
events. Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has
worked with neighborhoods adjacent to the university campus to develop parking restrictions during
major events at the new CSU stadium. Non-residents will not be permitted to park in participating
neighborhoods during football games or any events with an expected attendance of 12,000 or
greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of
an event until the end of the event.
6. Second Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery Laboratory
located at 212 Laporte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Dairy Gold
Creamery Laboratory, 212 Laporte Avenue (currently the Butterfly Café) as a Fort Collins Landmark.
The Operation Services Department of the City of Fort Collins is initiating this request on behalf of
the City as the owner.
7. Second Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company Property
Located at 225 Maple Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Continental
Oil Company Property, 225 Maple Street, as a Fort Collins Landmark. This building currently houses
FoCo Café. The Operation Services Department of the City of Fort Collins is initiating this request on
behalf of the City as the owner.
8. Items Relating to the Lease Financing of the Firehouse Alley Parking Garage.
A. Second Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property
and the Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and
Other Documents and Matters in Connection with the Financing of the City’s Acquisition of
Certain Parking Facilities; Setting Forth Certain Parameters and Restrictions with Respect to the
Financing; and Providing for Other Matters Related Thereto.
B. Second Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in the
Capital Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley Parking
Structure and to Pay for Related Lease Financing Costs.
C. Resolution 2017-062 Authorizing the City Manager to Execute an Intergovernmental Agreement
with the Downtown Development Authority Regarding Contributions to the City for Public Parking
Spaces and Parking Programs in Downtown Fort Collins.
City of Fort Collins Page 5
These Ordinances, unanimously adopted on First Reading on June 6, 2017, authorize the financing
and acquisition of the Firehouse Alley Parking Structure. Total costs are projected to be $8,430,000.
The City will acquire approximately 216 spaces located on the second and third floors. Resolution
2017-062 authorizes an intergovernmental agreement with the Downtown Development Authority
(DDA) that outlines the DDA contribution of $300,000 a year toward the lease payments, beginning
in 2019.
9. Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General
Fund for Larimer County Jail Services.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funding to pay
for services relating to the City’s use of the Larimer County Jail for municipal defendants for 2017.
10. First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas
Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas
Programming Not Included in the 2017 Adopted City Budget.
The purpose of this item is to appropriate $10,790,000 in prior year reserves and unanticipated
revenues in the Natural Areas Fund for the purpose of land conservation, construction of public
improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit
the citizens of Fort Collins.
11. First Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund
for Transfer to Various City Funds for Tree and Branch Cleanup Expenses.
The purpose of this item is to appropriate $143,563 in General Fund reserves to cover the
unanticipated costs associated with the tree and branch cleanup from the May 18th and 19th spring
snowstorm to various City funds. This appropriation request will be used for the incremental costs
(direct costs) associated with the cleanup effort but not covered in the operating budget. This
includes personnel overtime and planned "work for other departments" costs that cannot be
recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc.
that are uniquely and directly related to the snowstorm cleanup.
12. First Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of
Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999
Restoration of the Northern Hotel.
The purpose of this item is to authorize the release of a collateral assignment of the Note and Deed
of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures
performance obligations contained within the Northern Hotel Restoration Agreement, dated
November 15, 1999. The release of the collateral assignment is requested by the property owner,
an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale
and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an
affordable housing developer with a strong local presence.
13. First Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations.
The purpose of this item is to update the Land Use Code (LUC) sign regulations with content neutral
standards. This Ordinance will address the following:
Eliminate standards that focus on the message of the sign
Create two Code sections, a permanent and temporary sign section
Introduce new standards based on the material classification for temporary signs
Provide additional clarification to standards for permanent signs
Add new terms with definitions related to temporary signs.
City of Fort Collins Page 6
14. First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access
Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to
Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes.
The purpose of this item is to authorize conveyance of a utility easement and an amended access
easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company
provides natural gas service to a large portion of Fort Collins residents from a downtown regulator
station along the Poudre River. The City has asked Public Service to realign its access easement to
the regulator station and formalize its utility easements as part of the pending Whitewater Park
project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes.
15. Resolution 2017-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Interstate Land Holdings Annexation.
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project
represents an annexation to bring two properties and State highway right-of-way totaling 12.2 acres,
located on the northwest corner of the I-25 and State Highway 392 intersection, into Fort Collins
municipal boundaries.
The requested zoning for this annexation is General Commercial (C-G) for the Interstate Land
Holdings properties and right-of-way, and Public Open Lands (P-O-L) for the City-owned
property. The requested zoning districts are in compliance with the City of Fort Collins Structure
Plan and the Fossil Creek Reservoir Area Plan Maps. A specific project development plan proposal
is not included with the annexation application.
The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice of the hearing be given. The hearing will be held at the time of
First Reading of the annexation and zoning ordinances; not less than thirty days’ prior notice is
required by state law.
16. Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor Pursuant to
C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax
Increment.
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2017 property taxes payable in 2018 to the City and to all other affected taxing
entities.
17. Resolution 2017-061 Making Appointments to Cultural Resources Board and the Women's
Commission of the City of Fort Collins.
The purpose of this item is to appoint Amy Cervenan to fill a vacancy that currently exists on the
Cultural Resources Board due to the resignation of Gregg Adams and a vacancy that currently exists
on the Women’s Commission due to the resignation of Ginny Carroll. This Resolution appoints two
selected citizens, Amy Cervenan to fill the current Cultural Resources Board vacancy and Emily
Gorgol to fill the current Women’s Commission vacancy.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
City of Fort Collins Page 7
STAFF REPORTS
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
18. Second Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House
Located at The Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado, as a
Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (staff:
Cassandra Bumgarner; no staff presentation; 5 minute discussion)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 5-0 (Cunniff, Overbeck
recused) designates the James Ross Proving-Up House, currently located at The Farm at Lee
Martinez Park, 600 North Sherwood Street, as a Fort Collins Landmark. The Recreation Department
of the City of Fort Collins is initiating this request on behalf of the City as the owner.
19. Second Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year Reserves in
the General Fund and Appropriating Prior Year Reserves in the Light and Power Fund for
Broadband Strategic Support Services. (staff: Mike Beckstead, SeonAh Kendall; no staff
presentation; 5 minute discussion)
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 6-1 (nays: Summers)
appropriates $160k of one-time funding for consulting support for the City’s Broadband efforts, per
the current work scope. The effort to develop a more detailed Municipal Retail fiber internet service
model will run in parallel with staff efforts to issue a Request for Proposal (RFP) to explore a third
party alterative. As the work scope describes, consultants will work with City staff to develop details
around how to launch a Municipal Retail fiber internet service. Those plans will enable the City,
upon approval by Fort Collins voters authorizing the City to move forward, to immediately begin the
effort, issue RFPs to support the design and construction, and begin internal processes for call
centers, billing, marketing, sales, etc.
City of Fort Collins Page 8
20. First Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016
But Not Expended and Not Encumbered in 2016. (staff: Lawrence Pollack, Mike Beckstead;5
minute staff presentation; 30 minute discussion)
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures
were not spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and, therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund 2016 Amended
Budget
Reappro-
priation Ord.
No. 058,
2017
Additional
Reappropriation
Request
% of 2016
Amended
Budget
General Fund $144,587,414 $948,174 $360,768 0.7%
Keep Fort Collins Great
Fund
30,582,621 691,195 5,000 2.3%
Light and Power Fund 144,568,778 107,933 0.1%
Data and Communications
Fund
11,544,230 301,600 2.6%
Utility Customer Service
and Administration
18,168,083 40,608 0.0%
TOTAL $349,451,126 $2,048,902 $406,376 0.7%
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 23, 2017 Adjourned Council Meeting and the June 6,
2017 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the May 23, 2017 Adjourned Council meeting and the
June 6, 2017 Regular Council meeting.
ATTACHMENTS
1. May 23, 2017 (PDF)
2. June 6, 2017 (PDF)
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City of Fort Collins Page 361
May 23, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez
Staff present: Atteberry, Daggett, Winkelmann
1. Resolution 2017-049 Making Board and Commission Liaison Assignments and Various
Committee, Board and Authority Appointments. (Adopted)
The purpose of this item is to make Councilmember liaison assignments to boards and commissions
and make various committee, board and authority appointments.
Mayor Pro Tem Horak indicated he would like to serve as alternate to the Council Finance Committee, the
Futures Committee and the Election Code Committee.
Councilmember Cunniff stated he would like to serve as alternate to the Legislative Review Committee.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution
2017-049, as amended.
RESULT: RESOLUTION 2017-049 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez
OTHER BUSINESS
ADJOURNMENT
The meeting adjourned at 6:05 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: May 23, 2017 (5696 : minutes-5/23, 6/6)
City of Fort Collins Page 362
June 6, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted Item No. 8, Items Relating to the Adoption of the 2015
International Codes, is a public hearing.
CITIZEN PARTICIPATION
Eric Sutherland questioned the efficacy of spraying for mosquitos after someone gets sick and
discussed short-term rentals.
Mel Hilgenberg stated the Fort Collins Rescue Mission should be moved to the old Fort Ram
building. He suggested the old Fort Collins airport site or the Hughes Stadium site could be used
for affordable housing.
Greg Levrette discussed the Citizens Review Board process regarding Fort Collins Police
Services.
Cari Brown, ARC of Larimer County, expressed concern regarding the proposed change in
Transfort Route 12.
Adam Eggleston discussed the U+2 Ordinance and requested information regarding the timeline
of potential options for changes to that ordinance.
Taylor Summer expressed concern regarding the proposed change in Transfort Route 12.
Kim Miller thanked Council for its continued commitment to the Climate Action Plan. She
stated local governments will need to take the lead in meeting climate goals and encouraged
Mayor Troxell to add his name to the Climate Mayors’ letter.
Andrew Bondi encouraged Mayor Troxell to add his name to the Climate Mayors’ letter and
encouraged Council to make more aggressive statements regarding meeting climate goals.
Chris Johnson, Bike Fort Collins, suggested a complete transit network and the support of
mixed-income transit-oriented development are two of the most cost-effective measures cities
can undertake to curb climate change.
Jana Newman stated Council should consider the repercussions of not joining the Climate
Mayors’ letter, vision, and goals.
Mary Ann Jacoboski expressed concern regarding the proposed change in Transfort Route 12.
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Attachment: June 6, 2017 (5696 : minutes-5/23, 6/6)
June 6, 2017
City of Fort Collins Page 363
Dennis (last name indecipherable) expressed concern regarding the proposed change in Transfort
Route 12.
Robert Bradley discussed bus routes.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell stated he intends to discuss the Climate Mayors’ letter during Other Business.
Councilmember Stephens thanked the speakers who addressed Route 12.
CONSENT CALENDAR
Mayor Troxell opened the public hearing for Item No. 8, Items Relating to the Adoption of the
2015 International Codes.
Councilmember Overbeck withdrew Item No. 12, First Reading of Ordinance No. 080, 2017,
Designating the James Ross Proving-Up House Located at The Farm at Lee Martinez Park, 600
North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins, from the Consent Agenda.
Councilmember Summers withdrew Item No. 4, Items Relating to the Completion of the 2017
Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable
Housing and Community Development Activities Utilizing Funds from the Federal Community
Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME)
Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program
(HSP), from the Consent Agenda.
Eric Sutherland withdrew Item No. 16, Resolution 2017-054 Confirming a Process and Timeline
to Seek Possible Resolution of Long Term Issues Regarding the Boxelder Basin Regional
Stormwater Authority, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items not withdrawn from the Consent Agenda.
Mayor Troxell closed the public hearing for Item No. 8.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the May 2 and May 16, 2017 Regular Council
Meetings and the May 9, 2017 Adjourned Meeting. (Adopted)
The purpose of this item is to approve the minutes from the May 2 and May 16, 2017 Regular
Council meetings and the May 9, 2017 Adjourned Council meeting.
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Attachment: June 6, 2017 (5696 : minutes-5/23, 6/6)
June 6, 2017
City of Fort Collins Page 364
2. Second Reading of Ordinance No. 064, 2017, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug
Task Force General Fund Reserves for Fort Collins Police Services 2017 Task Force
Programs and Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 16, 2017, appropriates funds
between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force
(NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the
Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation
of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task
force operations. In addition, because of the significant decrease in federal funds available for drug
enforcement, the drug task force is transferring $288,853 from its forfeiture reserve account to its
2017 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is
made up of assets seized from people engaged in illegal drug activities.
3. Second Reading of Ordinance No. 065, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for the Elizabeth and Shields Underpass Improvement Project, and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 16, 2017, appropriates $280,000
from the Transportation Fund Reserves for traffic signal and pedestrian signal improvements
associated with the Elizabeth and Shields Underpass improvement project. Colorado State
University (CSU) is funding and constructing an $8.7M pedestrian and bicycle underpass, and
intersection lane improvements at the Elizabeth and Shields intersection. As part of this project, the
City is upgrading the traffic signal system and constructing a new pedestrian/bicycle signal west of
the intersection. The City’s Traffic Operations Department will perform the construction work
associated with this appropriation. The project is expected to be substantially complete in August
2017.
4. Second Reading of Ordinance No. 069, 2017, Waiving Certain Fees for Housing Catalyst's
Village on Redwood Affordable Housing Project and Appropriating Prior Year Reserves in
Various City Funds to Refund Specified Fees. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 16, 2017, determines whether
development fee waivers in the amount of $100,708 will be provided to Housing Catalyst for its
Village on Redwood affordable housing project pursuant to City Code, the Land Use Code and an
Intergovernmental Agreement between the City of Fort Collins and the Fort Collins Housing Authority
dated July 3, 2013 and, if granted, to make an appropriation to refund this amount to Housing
Catalyst.
5. First Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital
Improvement Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement
to the Poudre Fire Authority. (Adopted)
The purpose of this item is to appropriate funds from the Fire Capital Expansion Account to Poudre
Fire Authority (PFA) for payment of debt on Fire Station 4. Station 4, located at 1945 West Drake
Road, was built through a Lease/Purchase funding source at a rate of 4%, with 20 installments. The
Fire Capital Improvement Expansion Fund has been used to make the annual Lease/Purchase
payments. The Lease/Purchase agreement allows for prepayment after December 18, 2017.
Paying off the Station 4 Lease/Purchase will save Poudre Fire Authority $451,000 in interest
payments over the next ten years, and will allow Capital Expansion Fees to build for the future
construction of PFA’s next fire station. During the 2017 PFA Budget process, the Board of Directors
directed staff to pay off the outstanding debt on Station 4, utilizing Capital Expansion Fees that have
been collected for the benefit of PFA and held in an earmarked account.
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6. Items Relating to the Mulberry Street/State Highway 14 Bridge over the Poudre River.
(Adopted)
A. Resolution 2017-050 Authorizing the Mayor to Execute a Contract Amendment to the
Intergovernmental Agreement Between the City and the Colorado Department of Transportation
for Construction of the Mulberry Street Bridge Across the Poudre River.
B. First Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the
Wastewater Fund for the State Highway 14 Bridge over the Poudre River Project.
The purpose of this item is to reconcile the City’s financial contribution to the Colorado Department of
Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project. The original
Intergovernmental Agreement (IGA) estimated a base project cost of $1,210,000, excluding a
$100,000 credit for work to be performed by the City. This Contract Amendment will amend the
existing IGA between the City and CDOT to reflect a final reimbursement amount of $1,155,885, the
actual cost of the improvements excluding project credits. This item will also appropriate $83,044
into the Wastewater Fund for work performed by the City.
7. Items Relating to the Adoption of the 2015 International Codes. (Adopted)
A. Public Hearing and First Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012
International Building Code (IBC) and Adopting the 2015 International Building Code, with
Amendments.
B. Public Hearing and First Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012
International Energy Conservation Code (IECC) and Adopting the 2015 International Energy
Conservation Code, with Amendments.
C. Public Hearing and First Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012
International Residential Code (IRC) and Adopting the 2015 International Residential Code, with
Amendments.
D. Public Hearing and First Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV,
of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International
Mechanical Code (IMC) and Adopting the 2015 International Mechanical Code, with
Amendments.
E. Public Hearing and First Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV,
of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Fuel
Gas Code (IFGC) and Adopting the 2015 International Fuel Gas Code, with Amendments.
The purpose of this item is to recommend adoption of the 2015 International Codes (I-Codes). The
2015 I-Codes represent the most up-to-date construction standards establishing minimum
requirements to safeguard the public health, safety, and general welfare from hazards attributed to
the built environment within the City of Fort Collins.
8. First Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code Regarding
Stadium Events. (Adopted)
The purpose of this item is to formally adopt a new violation of the Residential Parking Permit
Program (RP3) for Colorado State University’s (CSU) major stadium events. Consistent with the
intergovernmental agreement (IGA) between the City and CSU, staff has worked with neighborhoods
adjacent to the university campus to develop parking restrictions during major events at the new
CSU stadium. Non-residents will not be permitted to park in participating neighborhoods during
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football games or any events with an expected attendance of 12,000 or greater. City Parking
Services staff will be enforcing these restrictions four hours prior to the start of an event until the end
of the event.
9. First Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery Laboratory
located at 212 Laporte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to designate the Dairy Gold Creamery Laboratory located at 212 Laporte
Avenue, currently the Butterfly Café, as a Fort Collins Landmark. The Operation Services
Department of the City of Fort Collins is initiating this request on behalf of the City as the owner. This
structure is eligible for recognition as a Landmark due to its historic integrity and significance to Fort
Collins under Designation Standard A, for its association with the twentieth-century dairy industry in
Fort Collins; and Standard C, for the building’s Modernist design with Googie influences, which well
represents the trend as expressed in this community in the late 1950s and early 1960s.
10. First Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company Property
Located at 225 Maple Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to designate the Continental Oil Company Property located at 225 Maple
Street as a Fort Collins Landmark. This building currently houses FoCo Café. The Operation
Services Department of the City of Fort Collins is initiating this request on behalf of the City as the
owner. The Continental Oil Company Property consists of a warehouse/office building, shop/garage,
and a pump house. Each of these buildings is eligible for recognition as a Landmark due to its
historic integrity and significance to Fort Collins under Designation Standard A, for its association
with the early industrial growth of the early twentieth-century occurring near the railroads and river;
and Standard C for its early twentieth-century design characteristics.
11. Resolution 2017-051 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Blehm-
Homestead Annexation. (Adopted)
This is a City-initiated request to annex a 109-acre enclave consisting of 28 parcels into the City of
Fort Collins. The parcels became an enclave with the annexation of the Kechter Farm Annexation on
May 16, 2014. As of May 16, 2017, the City is authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes §31-12-106. The Blehm-Homestead Enclave
Annexation is located in southeast Fort Collins, abuts Kechter Road to the north and south and is
situated between Ziegler and South Timberline Roads. The requested zoning for this annexation is
the Urban Estate (UE) zone district, which complies with the City of Fort Collins Structure Plan. The
surrounding properties are existing residential and education land uses. Through current outreach
efforts, staff is not aware of any objections to the annexation and zoning of the Blehm-Homestead
Enclave.
The proposed Resolution makes a finding that the land area has been completely contained within
the boundaries of the City for not less than three years, initiates annexation proceedings, sets a
hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing
will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty
days of prior notice is required by state law. Through current outreach efforts, staff is not aware of
any objections to the annexation and zoning of the Blehm-Homestead Enclave.
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12. Resolution 2017-052 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
13. Items Relating to an Intergovernmental Agreement with Larimer County for Jail Services.
(Adopted)
A. Resolution 2017-053 Authorizing an Intergovernmental Agreement with Larimer County for Jail
Services.
B. First Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General
Fund for Larimer County Jail Services.
The purpose of this item is to authorize the City Manager to enter into a new intergovernmental
agreement (IGA) with Larimer County relating to the City’s use of the Larimer County Jail for
municipal defendants and appropriate funding to pay for services for 2017. The proposed IGA would
be effective through the end of 2018 and reserves 3 beds at the jail for use by Fort Collins Municipal
Court defendants at a significantly increased cost to the City.
14. Resolution 2017-055 Making Appointments to the Air Quality Advisory Board, Citizen Review
Board, Senior Advisory Board and Transportation Board of the City of Fort Collins.
(Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Air
Quality Advisory Board, the Citizen Review Board, the Senior Advisory Board and the Transportation
Board due to resignations of board members. During the fall recruitment period applicants were
selected to step into a future vacancy on the Transportation Board. Applications continued to be
solicited for the Air Quality Advisory Board and the Senior Advisory Board. Council teams
interviewed applicants for the Air Quality Board and the Senior Advisory Board during May.
END CONSENT
STAFF REPORTS
Jackie Kozak-Thiel discussed the visit to the Room at the Inn in Nashville, a best practice model
in community-based sheltering.
Jackson Brockway, Graduate Management Assistant, discussed the pilot year for the Safe Place
to Rest project. He stated the project is a simple, volunteer-driven model to provide flexible
overnight shelter options for those experiencing homelessness during the coldest months of the
year from November to April. The model provides emergency overflow shelters and a
community-centered approach to shelter that seeks to bring the community together to address
challenging issues such as homelessness. Nightly operations started at Catholic Charities with
staff-facilitated intake of guests, breathalyzer tests, and provided transportation to each site.
Transportation was then provided to the Rescue Mission for breakfast.
Holly LeMasurier, Outreach Fort Collins Program Director, recognized the team of volunteers
and partners that provided over 1,200 hours of community service to this project. She stated the
key strategy for year two is to develop a community-based coordination system and gradually
reduce the role of the City in day-to-day operations.
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COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the groundbreaking for the new Maple Hill Park.
Councilmember Cunniff reported on Fort Collins’ hosting of a statewide solid waste summit.
Mayor Troxell noted Susie Gordon, Environmental Program Manager, received a lifetime
achievement award as part of the solid waste summit.
Mayor Pro Tem Horak reported on the Platte River Power Authority board meeting and the tri-
city water districts of Greeley, Loveland and Fort Collins.
Councilmember Overbeck stated he attended the signing of Senate Bill 278 on rolling coal.
Councilmember Martinez reported on speaking at the Family Leadership Institute hosted by
Larimer County and CSU.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
15. Items Relating to the Completion of the 2017 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable
Housing Fund (AHF) and the City’s Human Services Program (HSP). (Adopted on Second
Reading)
A. Second Reading of Ordinance No. 066, 2017, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 067, 2017, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
Ordinance No. 066, 2017, appropriates the City’s FY2017 Community Development Block Grant
(CDBG) Entitlement Grant (estimated at 75% of prior year). Ordinance No. 067, 2017, appropriates
the FY2017 HOME Participating Jurisdiction Grant (estimated at 75% of prior year) from the
Department of Housing and Urban Development (HUD), and CDBG Reconciled funds and HOME
Program Income from FY2016. Both Ordinances were unanimously adopted on First Reading on
May 16, 2017.
Councilmember Summers questioned the funding allocation for the Alliance for Suicide
Prevention. He discussed high suicide rates in the community and stated he would like to see
additional funding for that topic area.
Beth Sowder, Social Sustainability Director, stated the Community Development Block Grant
(CDBG) Commission is the team that reviews, deliberates, and provides recommendations for
funding.
Councilmember Summers stated he would like to see additional funds prioritized for this topic.
Sowder noted Council would need to approve any change in funding other than allotting
additional funding proportionately.
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Councilmember Stephens stated the CDBG Commission work is very difficult as there is not
enough funding; however, she supported providing additional funding if available.
City Attorney Daggett noted the allocation of the funding was approved by Resolution on May
16 and if there is a desire to make a change, proper public notice and a revision of that
Resolution would be required.
Councilmember Martinez asked if the Alliance for Suicide Prevention is independent or part of
Larimer County. Sowder replied it is an independent non-profit entity and noted it receives
funding from a variety of sources.
Councilmember Cunniff stated he would not necessarily support removing funding from another
entity in order to fully fund the request; however, he would be interested in partnering with the
Alliance to help further its goals.
Councilmember Summers discussed high teen suicide rates in the community.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 066, 2017, on Second Reading.
Mayor Pro Tem Horak noted the CDBG Commission process is very analytical and thorough.
He stated any examination of funding needs to be done comprehensively.
RESULT: ORDINANCE NO. 066, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 067, 2017, on Second Reading.
RESULT: ORDINANCE NO. 067. 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
16. First Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House
Located at The Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado,
as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
(Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to designate the James Ross Proving-Up House currently located at The
Farm at Lee Martinez Park, 600 North Sherwood Street, as a Fort Collins Landmark. The Recreation
Department of the City of Fort Collins is initiating this request on behalf of the City as the owner. The
1890 vernacular, proving-up structure is eligible for recognition as a Landmark due to its historic
integrity and significance to Fort Collins under Designation Standard A, for its association with
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homesteading, Standard B, for its association with the Ross family, and Standard C, for its
identifiable design and construction.
Councilmembers Overbeck and Cunniff recused themselves from this item, due to a conflict of
interest.
Mayor Troxell noted this is a quasi-judicial item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 080, 2017, on First Reading.
Councilmember Stephens stated this property has to do with the Homestead Act of 1862.
RESULT: ORDINANCE NO. 080, 2017, ADOPTED ON FIRST READING [5 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Troxell, Horak
RECUSED: Overbeck, Cunniff
DISCUSSION ITEMS
17. Resolution 2017-056 Adopting Council Retreat Priorities for 2017-2019. (Adopted)
The purpose of this item is to adopt the City Council Priorities as identified during the May 2017
retreat.
City Manager Atteberry stated this list of priorities is the outcome of Council’s May retreat. The
priorities become an integral part of Council’s overall strategy and budget resource allocation
process. A quarterly update on the Council priority dashboard will be provided.
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-056.
Councilmember Summers suggested ongoing evaluation, discussion and prioritization in order to
allow flexibility. He requested information regarding “museum integration.” Mayor Troxell
replied he put that item forward to address grass roots museum facilities and resources.
Mayor Pro Tem Horak requested staff comment regarding the process moving forward. Kelly
DiMartino, Assistant City Manager, replied the next step will be placement of the approved list
into the Council Priorities Dashboard, from which specific action items and items that require
more in-depth policy discussion will result. A quarterly report on that Dashboard will be
provided. City Manager Atteberry noted several of the items are already moving forward in
terms of funding, policy discussions, or projects.
RESULT: RESOLUTION 2017-056 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
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18. Resolution 2017-057 Directing the City Manager to Begin 365 Days Per Year Public
Transportation Service. (Adopted)
The purpose of this item is to provide direction to staff on a 365 service option for public
transportation and to authorize the initiation of such transit service in August 2017.
Kurt Ravenschlag, Transfort and Dial-a-Ride General Manager, stated this item offers four
options for a level of service that would provide transit service 365 days a year. Council
approved half of the funding necessary for 365-day service for MAX and 4 Transfort routes and
directed staff to seek funding partners for the additional funds. Two funding partners, ASCSU
and Colorado State University administration, have been identified; however, a funding shortfall
of about $217,000 still exists.
Ravenschlag described the four options for 2017: Option 1 provides MAX plus two additional
routes, Option 2 provides MAX plus three additional routes, Option 3 provides MAX plus five
routes; however, it would include service cuts that would allow for the service to operate
annually without a deficit, and Option 4 is the same as Option 3 but would only cut service for
2017 and would increase the budget for 2018. He discussed the options for 2018.
John Sears supported the expansion of Dial-a-Ride service to Sundays.
Cheryl Distaso, Fort Collins Community Action Network, supported adoption of Option 4.
Cari Brown, ARC of Larimer County, discussed the importance of transit for people with
disabilities and supported adoption of Option 4.
Michael Devereaux supported adoption of Option 4 for full Sunday bus service.
Andy (no last name given) supported adoption of Option 4.
Robert Bradley supported Sunday bus service.
Daniela (no last name given) supported adoption of Option 4.
Councilmember Cunniff thanked the speakers and asked how many routes could be extended to
11 PM during the week for the nearly $500,000. Ravenschlag replied it would likely fund five or
six routes.
Councilmember Martinez requested staff input regarding Dr. Frank’s comments regarding the
focus on Sunday service. City Manager Atteberry replied he will be drafting a response to Dr.
Frank and stated CSU has expressed a commitment to funding with the caveat the University and
City will work together to develop service plans in the future. CSU’s funding will disappear
should an agreement not be reached.
City Manager Atteberry noted Option 4 comes with a significant funding gap; therefore, staff
will need to make recommendations for cuts and proposed resources.
Councilmember Martinez stated his vote may be dependent upon what would be cut to provide
funding for Option 4. Mike Beckstead, Chief Financial Officer, replied these services should not
be started then stopped; therefore, ongoing revenue is necessary. One-time money could be used
temporarily; however, that would affect future ongoing funding requirements.
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City Manager Atteberry stated the update of the Transportation Master Plan will help resource
these conversations and those with CSU and ASCSU.
Councilmember Martinez asked how frequently the Transportation Master Plan is updated.
Ravenschlag replied it is approximately every ten years.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-057, Option 4.
Mayor Pro Tem Horak stated $140,000 is needed; however, not until the end of 2018. He stated
365-day service should happen in Fort Collins and it is worthwhile to proceed.
Mayor Troxell requested staff input regarding Dial-a-Ride in the context of this proposal.
Ravenschlag replied Dial-a-Taxi service is currently available on Sundays for Dial-a-Ride
clientele and that will continue. Additionally, Dial-a-Ride service will be provided within ¾ of a
mile of any of the fixed routes operating on Sundays and holidays.
Councilmember Martinez asked if Option 4 is a preferred option for CSU. City Manager
Atteberry replied increase transit service is always a better option for students, though the
University may prefer other services to be considered prior to 365-day service.
Councilmember Cunniff requested information regarding the Transportation Board’s opinions.
Ravenschlag replied the item went before the Board during the Budgeting for Outcomes process
during which time the Board supported moving forward with Sunday service; however, the
Board has not considered these options.
Councilmember Martinez asked how Option 4 would affect Route 12. Ravenschlag replied there
would be no evening service reductions proposed for Route 12 with Option 4; however, there is a
separate process regarding potential service and route changes.
Councilmember Cunniff expressed support for Option 2 and stated he would oppose the motion.
Councilmember Stephens stated she would support the motion.
Councilmember Overbeck stated he would support the motion.
Mayor Pro Tem Horak read a letter supporting Sunday bus service from a 6-year-old citizen.
Councilmember Martinez asked if the adoption of Option 4 would hurt the relationship with
CSU. City Manager Atteberry replied in the negative and stated Dr. Frank has shared his
thoughts on prioritization and has requested participation in the future of transit in the city.
Councilmember Martinez asked if drivers will receive time and a half pay on holidays. City
Manager Atteberry replied in the affirmative.
Mayor Pro Tem Horak stated he does not see this as a guarantee for MAX plus five routes
service in the future but rather an opportunity to gather data; however, it is not likely Sunday
service will be removed in the future.
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City Manager Atteberry noted these routes will need to meet certain performance standards.
Councilmember Stephens asked if staff has analyzed the impact of this option on the City’s
climate action goals. City Manager Atteberry replied in the affirmative.
Councilmember Stephens requested additional details on that topic for the future and suggested
capturing the number of students riding in order to provide data for future funding requests.
Mayor Troxell stated he would support the motion given citizen support and thanked CSU for its
partnership.
RESULT: RESOLUTION 2017-057 ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
19. Items Relating to Capital Expansion Fees and the Electric Capacity Fee. (Adopted on Second
Reading)
A. Second Reading of Ordinance No. 049, 2017, Amending Chapters 7.5, 8 and 24 of the Code of
the City of Fort Collins Concerning Revisions to Terminology and Decreases and Phased
Increases of the Capital Expansion Fees and Amending Section 3.3.2(G) of the Land Use Code
to Revise Related Terminology.
B. Second Reading of Ordinance No. 068, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
These Ordinances, unanimously adopted on first reading on May 16, 2017, adopt fee
recommendations for capital expansion and transportation expansion fees and electric capacity fees
effective beginning October 1, 2017. On first reading, Alternative 2 of Ordinance No. 049, 2017 was
adopted, which provides for fee increases without any phasing in amounts less than what is
recommended in the studies for the Capital Expansion Fees and the Transportation Expansion Fee
for the lesser amount recommended in those studies.
Alternative 3 will be presented to Council as requested. It provides funding for transportation
improvements.
A new Section 30 has been added to the Ordinance to direct the City Manager to appoint a working
group of citizens and City staff to further study the issue of capital expansion and transportation
expansion fees. This includes the appointment of a member of Council to act as a communications
liaison between the Council and the City Manager and his working group.
Discussion arose during First Reading of the Ordinance about how the new fees would apply to
projects that are currently in the entitlement pipeline. Two suggested alternatives have been
provided for Council consideration.
Tiana Smith, Revenue and Project Manager, stated Council voted unanimously for Alternative 2
on First Reading. She discussed the proposed working group and its intent. She noted there is
no phasing with Alternatives 2 and 3 and stated the main difference between the two is the
option for transportation capital expansion fees. There are two options for when fees would be
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applicable, either at the time of submission of the completed development application or at
submission of the building permit application.
City Attorney Daggett made a suggestion regarding the placement of language in the Ordinance.
Eric Sutherland requested assurance fees are being collected according to City Code and
discussed Timnath’s collection of fees and use of tax increment.
Kevin Jones, Chamber of Commerce, read a letter from the Chamber expressing concern
regarding housing costs in the community but supporting adoption of Alternative 2 with Option
B.
Adam Eggleston supported Alternative 2 and the proposed working group.
Rob Cagen discussed parks and noted maintenance is becoming an issue in terms of existing
parks.
Councilmember Cunniff requested information regarding the current timing of fee payments.
Tom Leeson, Community Development and Neighborhood Services Director, replied fees are
currently paid at the time of building permit.
Councilmember Cunniff asked how much time typically lapses between final plan submission
and issuance of a building permit. Leeson replied it is highly variable. Applicants have three
years to submit a final plan once a project development plan is approved. Typically, building
permits are turned around in one to two years.
Councilmember Cunniff asked how often building permits do not get issued after final plan
submittal. Leeson replied it is infrequent recently; however, during the recession, it occurred
more often.
Councilmember Martinez asked about locking in fees during the development process rather than
being responsible for fee rates at the time of building permit. Leeson replied Option 1 would
change fees to be applicable based on the time of the complete development application
submittal.
Councilmember Overbeck asked about the composition of the proposed working group. Smith
replied a recommendation was made to include a hotel builder as someone from commercial
development.
Councilmember Overbeck suggested adding up to three citizens-at-large. City Manager
Atteberry replied his goal is always to create a balanced group. He stated it is Council’s
prerogative to opt to include a Councilmember liaison.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 049, 2017, Option 2, as amended, on Second Reading, and include
Councilmember Cunniff as the liaison.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, that the chart
included as attachment 4 to the AIS be substituted for the chart published in Section 16 on pages
10 and 11 of Ordinance No. 049, 2017.
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Councilmember Cunniff stated his amendment is essentially for Option 3. He discussed the use
of vehicle miles travelled and stated this option could ultimately lead to a reduction in fees for
projects that help to accomplish Transit Master Plan objectives.
Councilmember Stephens supported the methodology and use of vehicle miles travelled.
Councilmember Cunniff supported Option 3 stating the methodology is strong and supported by
a variety of sources. He stated there is a strong nexus between the planning process and fees.
Councilmember Overbeck expressed support for Option 3.
Mayor Pro Tem Horak stated he would not support the amendment despite supporting its
concept. He stated this is an interim solution and expressed concern regarding a major change in
methodology.
Councilmember Summers agreed with Mayor Pro Tem Horak.
Councilmember Cunniff noted Option 3 is not new and was available on First Reading.
Mayor Troxell stated he would oppose the amendment.
The vote on the motion to amend was as follows: Yeas: Overbeck, Cunniff and Stephens. Nays:
Summers, Horak, Troxell and Martinez.
THE MOTION FAILED.
Councilmember Summers requested information regarding the main motion. Mayor Pro Tem
Horak replied the main motion is for Alternative 2 with fees being paid at time of building
permit and appointing Councilmember Cunniff to be the liaison for the working group.
Councilmember Summers requested additional information regarding charging fees at the time
of plan approval. Leeson replied the proposal would put fees in effect at the time of a complete
development application and this Ordinance would go into effect on October 1, 2017; therefore,
any complete development application submitted prior to that date would fall under the current
fee schedule regardless of when a permit is pulled.
Councilmember Cunniff stated he would support the main motion and discussed the potential
role of the Council liaison. He expressed concern regarding at least a $1,000,000 of verifiable
impacts to growth that are not being assessed.
Councilmember Stephens stated she would support the original motion despite concerns about
the $1,000,000 loss. She supported involving affordable housing in the scope of the working
group.
Councilmember Overbeck stated he would support the motion and supported the formation of a
working group.
Councilmember Summers agreed affordable housing should be involved in the scope of the
working group.
Councilmember Martinez asked what types of resources will be required for the working group.
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Smith replied the recommendation, upon approval, is for 1.5-hour monthly meetings for an
undetermined amount of time. City Manager Atteberry stated no extra staff will be required,
though extra time will be required. The determination is that the process will add value.
RESULT: ORDINANCE NO. 049, 2017, OPTION 2, AS AMENDED, ADOPTED ON
SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 068, 2017, on Second Reading.
RESULT: ORDINANCE NO. 068, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
20. Items Relating to the Lease Financing of the Firehouse Alley Parking Garage. (Adopted on
First Reading)
A. First Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property and the
Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and Other
Documents and Matters in Connection with the Financing of the City’s Acquisition of Certain Parking
Facilities; Setting Forth Certain Parameters and Restrictions with Respect to the Financing; and
Providing for Other Matters Related Thereto.
B. First Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in the
Capital Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley Parking
Structure and to Pay for Related Lease Financing Costs.
The purpose of this item is to authorize the financing and acquisition of the Firehouse Alley Parking
Structure. Total costs are projected to be $8,430,000. The City will acquire approximately 216
spaces located on the second and third floors.
John Voss, Controller, stated this item addresses the lease financing arrangement to acquire the
Downtown parking garage.
Josh Birks, Economic Health and Redevelopment Director, stated parking is highlighted as a
need throughout various City plans, specifically through public/private partnerships. This lot
will provide 323 physical parking spaces, 216 of which are considered public parking. Birks
reviewed the history of the project and Council’s involvement therein.
Voss stated the term of the lease is ten years with the first payments beginning in January 2018.
The Senior Center is the asset which will be leased to help pay for the financing in order to
attract more investors for more favorable terms and rates.
Eric Sutherland stated this amount is equivalent to providing ten years of Sunday Transfort
service. Little evidence regarding revenue and operation and maintenance costs has been
provided. Council is not observing constitutional limitations regarding tax increment financing.
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Councilmember Overbeck asked how many EV stations will be provided at the parking garage.
Birks replied the facility will include a solar equivalent to offset most of the electrical use of the
parking structure and there will be 9 EV spaces with 3 having charging stations to start. There
will be flexibility in the type of stations installed.
Councilmember Stephens asked about the cost per parking stall. Birks replied the cost per stall
is approximately $35,000; however, land costs are not included.
Councilmember Cunniff congratulated staff on coming in under projections for the cost.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 081, 2017, on First Reading.
Mayor Troxell stated this is a good news item.
Councilmember Martinez asked how security will be handled at the parking structure. Birks
replied the plan calls for more security cameras than are in existing parking structures and the
operations will utilize the same security service utilized in existing structures.
Councilmember Stephens commended the public/private partnership and suggested some type of
wayfinding app or other means to direct drivers to the garages rather than circling Old Town for
parking.
RESULT: ORDINANCE NO. 081, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 082, 2017, on First Reading.
RESULT: ORDINANCE NO. 082, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
21. First Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year
Reserves in the General Fund and Appropriating Prior Year Reserves in the Light and Power
Fund for Broadband Strategic Support Services. (Adopted on First Reading)
At the May 9, 2017, Council Work Session discussion concerning the City’s Broadband efforts, staff
highlighted the need to dedicate resources to support further development and details associated
with a Municipal Retail model. Staff is requesting $160k of one-time funding to be appropriated for
consulting support per the current work scope. The effort to develop a more detailed Municipal Retail
fiber internet service model will run in parallel with staff efforts to issue a Request for Proposal (RFP)
to explore a third party alterative. As the work scope describes, consultants will work with City staff
to develop details around how to launch a Municipal Retail fiber internet service. Those plans will
enable the City, upon approval by Fort Collins voters authorizing the City to move forward, to
immediately begin the effort, issue RFPs to support the design and construction, and begin internal
processes for call centers, billing, marketing, sales, etc.
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Mike Beckstead, Chief Financial Officer, stated this item addresses the use of additional
resources for the City’s broadband efforts.
Eric Sutherland discussed Council’s previous adoption of an Ordinance related to broadband.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 083, 2017, on First Reading.
Mayor Pro Tem Horak asked how many hours will be requested of the consultants. Beckstead
replied that one will be full-time and the other 24 hours per week; one is local, and the other is
out of state.
Mayor Pro Tem Horak asked if the consultants would continue working once an item is placed
on the ballot. Beckstead replied that would be his recommendation.
Councilmember Summers asked about the future of consultants in 2018. Beckstead replied he
would avoid making any commitments to either of the consultants regarding the long-term.
Councilmember Martinez asked how long the consultants will be employed. Beckstead replied
his proposal is to set up contracts with at-will termination; however, the intent is to have the
contract run through the end of 2017.
Mayor Troxell stated he would support the item.
Councilmember Stephens stated she would support the item and stated this expenditure is
prudent.
Councilmember Martinez stated he would cautiously support the item but encouraged due
diligence in exploring a partnership as well.
RESULT: ORDINANCE NO. 083, 2017, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Summers
22. Resolution 2017-058 Making Certain Appointments to the Regional Water Collaboration
Steering Committee. (Adopted)
The purpose of this item is to appoint Councilmembers to represent the City Council on the Regional
Water Collaboration Steering Committee.
Mayor Pro Tem Horak stated he is currently on the committee and is interested in remaining.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2017-058, with the names of Mayor Pro Tem Horak and Councilmember Cunniff
inserted in the Resolution.
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City of Fort Collins Page 379
RESULT: RESOLUTION 2017-058 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
23. Resolution 2017-054 Confirming a Process and Timeline to Seek Possible Resolution of Long
Term Issues Regarding the Boxelder Basin Regional Stormwater Authority. (Adopted)
The purpose of this item is to confirm a process and timeline for a working group of member entities
(City, County, Town) to formulate and develop possible modifications to the Boxelder Basin Regional
Stormwater Authority (the Authority) Intergovernmental Agreement (Boxelder IGA).
Eric Sutherland discussed the Boxelder Stormwater Authority and stated the City is off track.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-054.
Mayor Pro Tem Horak stated this is part of the movement to determine who will care for the two
structures and to ensure members are being treated fairly.
RESULT: RESOLUTION 2017-054 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak requested and received Council support for the placement of the
occupancy study on Council’s agenda.
Councilmember Cunniff stated he could potentially support a change in zones that currently
allow an exemption process for extra occupancy and a study of why that process is underutilized.
Mayor Pro Tem Horak requested the City Manager provide a memo regarding the possible
format of the study.
Mayor Troxell stated Council is committed to the Climate Action Plan and noted two letters
were submitted in January and February. He supported Fort Collins’ deliberative process and
historical restraint in pursuing national and international issues at the city level.
Jackie Kozak-Thiel, Social Sustainability Director, stated the City joined the Mayors’ National
Climate Action Agenda in 2015, and following a lengthy process through the Legislative Review
Committee, Fort Collins signed on to the Mayors’ Climate Action letter. The City found the
Paris Agreement to be in alignment with the City’s goals. This new letter focuses on honoring
the Paris Agreement and its goals. Fort Collins goals are more aggressive than those of the Paris
Agreement.
Mayor Troxell requested Council input regarding how to proceed.
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Councilmember Cunniff thanked Mayor Troxell for bringing the item before Council and
supported the Mayor signing the letter.
Mayor Troxell stated he would rather place a focus on best practices and implementation.
Councilmember Overbeck supported the process and the letter.
Mayor Troxell supported the letter.
Consideration of a motion to cancel the June 20, 2017 Regular Council meeting.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to cancel the
June 20, 2017 Council meeting, as permitted under Section 2-28 of the City Code, due to the
schedule conflict with the Colorado Municipal League conference.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Consideration of a motion to call a special meeting for 6:00 p.m., Tuesday June 27, 2017.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, pursuant to
Section 2-29(a) of the City Code, to call a Special Meeting of the Council for 6:00 PM on
Tuesday, June 27, 2017, to be held at City Hall, 300 LaPorte Avenue, for the purpose of
conducting the mid-year evaluations of the City Manager, City Attorney, and Municipal Judge.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Consideration of a motion to move the Tuesday, July 4 Regular Council meeting to 6:00 p.m.,
Wednesday, July 5, 2017.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, as permitted
under Section 2-28 of the City Code, to reset the regularly scheduled July 4, 2017 City Council
meeting to Wednesday, July 5 at 6:00 PM due to the national holiday on Tuesday, July 4.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Consideration of a motion to call a special meeting for 6:00 p.m., Tuesday, August 8, 2017.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, pursuant to
Section 2-29(a) of the City Code, that the City Council shall call a Special Meeting of the
Council for 6:00 PM on Tuesday, August 8, 2017, to be held at City Hall, 300 LaPorte Avenue,
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for the purpose of considering matters related to broadband and other telecommunication
services in Fort Collins, and taking related actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 10:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: June 6, 2017 (5696 : minutes-5/23, 6/6)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Kirsten Howard, PFA Senior Budget & Board Coordinator
Tom DeMint, PFA Fire Chief
Ann Turnquist, PFA Director of Administrative Services
SUBJECT
Second Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital Improvement
Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement to the Poudre Fire Authority.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funds from the Fire
Capital Expansion Account to Poudre Fire Authority (PFA) for payment of debt on Fire Station 4. Station 4,
located at 1945 West Drake Road, was built through a Lease/Purchase funding source at a rate of 4%, with 20
installments. The Fire Capital Improvement Expansion Fund has been used to make the annual
Lease/Purchase payments. The Lease/Purchase agreement allows for prepayment after December 18, 2017.
Paying off the Station 4 Lease/Purchase will save Poudre Fire Authority $451,000 in interest payments over
the next ten years, and will allow Capital Expansion Fees to build for the future construction of PFA’s next fire
station. During the 2017 PFA Budget process, the Board of Directors directed staff to pay off the outstanding
debt on Station 4, utilizing Capital Expansion Fees that have been collected for the benefit of PFA and held in
an earmarked account.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 070, 2017 (PDF)
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Kirsten Howard, PFA Senior Budget & Board Coordinator
Tom DeMint, PFA Fire Chief
Ann Turnquist, PFA Director of Administrative Services
SUBJECT
First Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital Improvement
Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement to the Poudre Fire Authority.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds from the Fire Capital Expansion Account to Poudre Fire
Authority (PFA) for payment of debt on Fire Station 4. Station 4, located at 1945 West Drake Road, was built
through a Lease/Purchase funding source at a rate of 4%, with 20 installments. The Fire Capital Improvement
Expansion Fund has been used to make the annual Lease/Purchase payments. The Lease/Purchase
agreement allows for prepayment after December 18, 2017. Paying off the Station 4 Lease/Purchase will save
Poudre Fire Authority $451,000 in interest payments over the next ten years, and will allow Capital Expansion
Fees to build for the future construction of PFA’s next fire station. During the 2017 PFA Budget process, the
Board of Directors directed staff to pay off the outstanding debt on Station 4, utilizing Capital Expansion Fees
that have been collected for the benefit of PFA and held in an earmarked account.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A. Lease/Purchase Pay Off
In 2008, PFA procured a Lease/Purchase to build a replacement station for old Station 4. Since the lease
purchase rate was 4%, it made sense to borrow $3.16 million to build the new facility. The annual installments
(20 installments) are $234,354 per year, which have been paid back using the City’s Capital Improvement
Expansion Fee revenue for Fire.
PFA’s remaining principle amount as of December 2017 is $1.9 million. Per the terms of the Station 4 debt
agreement, in 2017 PFA will be able to consider pre-paying all or a portion of the balance of the Lease-
Purchase payments. The PFA Board directed staff to begin the process needed to pay the outstanding
principal balance when it is possible after December 19, 2017. The lender, JP Morgan, has agreed to such a
repayment. Prepaying the balance of the debt will result in a long-term savings of $451,000 in interest
payments.
In 2011, PFA staff implemented a Station 4 Lease/Purchase Capital Project to save two-years’ worth of
payments in the event the Capital Expansion Fee did not generate enough in any given year to pay the annual
payment. This account has a balance of $501,000, which will be used in addition to the requested amount
from the City’s Capital Expansion Fee revenue for Fire.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5670 : SR 070 PFA Transfer)
Agenda Item 6
Item # 6 Page 2
PFA staff is requesting $1,392,000 be transferred to PFA from the City-held Fire Capital Improvement
Expansion Fee, to be combined with funds held at PFA, in order to pay off the Station 4 Lease/Purchase,
leaving a balance in the Fire Capital Expansion fee account of $328,596.
B. KFCG Reserve
PFA staff is requesting the balance within the City-held KFCG Reserve for Fire ($557,607) to be transferred by
City Council to PFA to be appropriated by the PFA Board within PFA’s capital budget for a new station alerting
system, replacement of Mobile Data Terminals, and a new Records Management System.
Each year, PFA receives a portion of KFCG revenue though the revenue allocation formula as a part of the
City’s monthly contributions to PFA. In addition, when KFCG revenues exceed the amount projected in the
revenue allocation formula (11% of the total KFCG collections), PFA’s share of the excess revenue is held by
the City in a KFCG reserve. PFA then requests transfer of the reserve revenue as part of an annual clean-up
process. This action will disburse a majority of the City’s current balance in the PFA KFCG reserve.
PFA’s 2017 Budget includes the use of KFCG reserves for specific capital needs. PFA’s Mobile Data
Terminals are due for replacement, PFA’s electronic Records Management System requires an upgrade, and
PFA’s Station Alerting technology is very dated and is limited in functionality causing a negative impact on
response times. PFA staff requests the transfer of KFCG Reserves held by the City in order to replace and
upgrade these PFA systems. The PFA Board of Directors will appropriate these funds within their capital
budget once sufficient funds are available to purchase the equipment/upgrades.
CITY FINANCIAL IMPACTS
The funds being requested are held by the City of Fort Collins and are earmarked for use by the Poudre Fire
Authority.
BOARD / COMMISSION RECOMMENDATION
The PFA Board recommends approval of the Ordinance.
ATTACHMENTS
1. PFA Board minutes, September 22, 2015 (PDF)
2. 2017 PFA Budget, recommending payoff (PDF)
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5670 : SR 070 PFA Transfer)
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ORDINANCE NO. 070, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL
EXPANSION FEE FUND AND IN THE KEEP FORT COLLINS GREAT
TAX FUND FOR DISBURSEMENT TO THE POUDRE FIRE AUTHORITY
WHEREAS, City Code § 7.5-30 imposes on new development within the City a fire
protection capital expansion fee to be used to fund capital improvements related to the provision
of fire protection services (the “Fire CEF”); and
WHEREAS, all revenues collected from the Fire CEF are deposited into the fire
protection capital expansion fee account established in Code § 8-97 (the “Fire CEF Account”);
and
WHEREAS, the Fire CEF Account is a separate account in the City’s capital expansion
fee fund established in Code § 8-92 (the “CEF Fund”); and
WHEREAS, in 2008, the Poudre Fire Authority (“PFA”) entered into a lease/purchase
transaction to fund the construction of a replacement fire station for PFA’s Station 4, which has
been built at 1945 West Drake Road, Fort Collins (the “Lease-Purchase”); and
WHEREAS, the Lease-Purchase requires PFA to make twenty (20) annual payments of
$234,354 each to be paid with funds from the Fire CEF Account; and
WHEREAS, PFA’s remaining principal amount as of December 19, 2017, under the
Lease-Purchase will be $1.9 million and under the Lease-Purchase, PFA may prepay any or all
of this remaining principal at any time after December 19, 2017; and
WHEREAS, PFA’s Board has directed staff to begin the process needed to pay in full
the remaining principal balance owed under the Lease-Purchase when it is possible to do so after
December 19, 2017, which prepayment will result in a long-term savings of $451,000 in interest
payments; and
WHEREAS, PFA is therefore requesting that the City Council appropriate $1,392,000
from the Fire CEF Account in the CEF Fund to be disbursed to PFA for it to use in paying the
remaining principal balance owed under the Lease-Purchase; and
WHEREAS, at the end of 2016, the fund reserve in the Fire CEF Account was
$1,720,596, and a payment from it of $1,392,000 to PFA would leave a remaining balance of
$328,596; and
WHEREAS, in 2010 the City’s voters approved the 0.85% Keep Fort Collins Great Sales
and Use Tax (“KFCG Tax”); and
WHEREAS, pursuant to Ordinance No. 126, 2010, 11% of the KFCG Tax collected is to
be used for fire protection and other emergency services; and
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Attachment: Ordinance No. 070, 2017 (5670 : SR 070 PFA Transfer)
-2-
WHEREAS, at the end of 2016, the City’s KFCG Tax reserve fund available for fire
protection and other emergency services in the KFCG fund (“KFCG Fund”) was $557,607; and
WHEREAS, PFA has that requested $557,607 be disbursed from the KFCG Fund to the
PFA to be appropriated by the PFA Board within PFA’s capital budget for a new station alerting
system, replacement of mobile data terminals, and a new records management system; and
WHEREAS, Article V, Section 9 of the City Charter 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 sufficient, unappropriated funds are available
in the Fire CEF Account of the CEF Fund and in the KFCG Fund for the appropriations
requested by PFA as described above.
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 there is hereby appropriated from prior year reserves in the Fire CEF
Account of the CEF Fund the sum of ONE MILLION THREE HUNDRED NINETY-
TWO THOUSAND DOLLARS ($1,392,000) for disbursement to the PFA for PFA to use to
pay the remaining principal balance it owes under the Lease-Purchase.
Section 3. That there is hereby appropriated from prior year reserves in the KFCG
Fund the sum of FIVE HUNDRED FIFTY-SEVEN THOUSAND SIX HUNDRED
SEVEN DOLLARS ($557,607) to be disbursed to PFA for it to use for a new station
alerting system, the replacement of mobile data terminals, and a new records management
system.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 070, 2017 (5670 : SR 070 PFA Transfer)
-3-
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 070, 2017 (5670 : SR 070 PFA Transfer)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
Link Mueller, Utilities Special Projects Manager
SUBJECT
Second Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the Wastewater Fund
for the State Highway 14 Bridge over the Poudre River Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates $83,044 into the
Wastewater Fund for work performed by the City as part of the Colorado Department of Transportation’s
(CDOT) State Highway (SH) 14 Bridge over the Poudre River Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 071, 2017 (PDF)
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Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
Link Mueller, Utilities Special Projects Manager
SUBJECT
Items Relating to the Mulberry Street/State Highway 14 Bridge over the Poudre River.
EXECUTIVE SUMMARY
A. Resolution 2017-050 Authorizing the Mayor to Execute a Contract Amendment to the Intergovernmental
Agreement Between the City and the Colorado Department of Transportation for Construction of the
Mulberry Street Bridge Across the Poudre River.
B. First Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the Wastewater Fund
for the State Highway 14 Bridge over the Poudre River Project.
The purpose of this item is to reconcile the City’s financial contribution to the Colorado Department of
Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project. The original
Intergovernmental Agreement (IGA) estimated a base project cost of $1,210,000, excluding a $100,000 credit
for work to be performed by the City. This Contract Amendment will amend the existing IGA between the City
and CDOT to reflect a final reimbursement amount of $1,155,885, the actual cost of the improvements
excluding project credits. This item will also appropriate $83,044 into the Wastewater Fund for work performed
by the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2009, CDOT initiated a project to reconstruct the existing Mulberry Bridge spanning the Poudre River.
The goals for the project included additional travel lanes, multimodal facilities, and lengthening/raising the
bridge to better protect it from flooding. In addition, roadway and multimodal improvements were included
along Mulberry Street from Lemay Avenue to Riverside Avenue. Minimal urban design features were identified
as part of the original CDOT plans.
The City recognized an opportunity to collaborate with CDOT to enhance the new bridge and Mulberry Street
through the addition of urban design treatments, irrigated landscape improvements, and frontage
improvements along the City’s Mulberry Water Reclamation Facility. These improvements would be
constructed by CDOT and funded by the City. The urban design treatments and irrigated landscape
improvements would be funded with 2013/2014 City Budget and Keeping Fort Collins Great (KFCG) funds,
while the frontage improvements would be funded through a combination of Wastewater, Street Oversizing,
and General Transportation funds.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5675 : SR 071 Mulberry Bridge-Poudre River)
Agenda Item 7
Item # 7 Page 2
Resolution 2015-096 authorized the City to enter into an Intergovernmental Agreement (IGA) with CDOT. The
purpose of the IGA was to define the improvements eligible for reimbursement, outline long term maintenance
responsibilities, and identify an estimated reimbursement amount for the improvements. City and CDOT staff
estimated the base cost for the reimbursable improvements to be $1,210,000. This value was developed
using construction costs for similar styled and scaled improvements. A $100,000 credit was included in the
IGA for the City to relocate of an existing security gate at the Mulberry Water Reclamation Facility and to
relocate existing City traffic fiber lines. The total City reimbursement amount to CDOT as identified by the
original IGA was $1,110,000.
Once construction was completed, City staff worked with CDOT staff to reconcile the City’s reimbursement
amount using actual CDOT construction costs for the work. Actual CDOT construction costs for City
improvements were $1,155,885. As opposed to including a credit in the final reimbursement amount, CDOT
instead issued a direct payment to the City for $83,044, the cost for the City to relocate the security gate and
traffic fiber lines.
This item will amend the existing IGA between the City and CDOT to reflect a reimbursement amount of
$1,155,885.26, the actual cost of the improvements excluding project credits. This item will also appropriate
$83,044.27 into the Wastewater Fund for work performed by the City. These funds, considered unanticipated
revenue, will ultimately be reimbursed to CDOT. The net result of this item is a savings to the City of
$37,159.01.
CITY FINANCIAL IMPACTS
The City of Fort Collins will reimburse CDOT for urban design and frontage improvements constructed as part
of the State’s SH 14 Bridge over the Poudre River Project. The following summarizes the reimbursement:
Estimated Actual Difference
Base Project Cost $1,210,000 $1,155,885 ($54,115)
Original IGA Credit ($100,000) $0 $100,000
Unanticipated Revenue
Reimbursable to CDOT $0 ($83,044) ($83,044)
Total Net Project Cost $1,110,000 $1,072,811 ($37,159)
The net result is a savings to the City.
BOARD / COMMISSION RECOMMENDATION
Boards and commissions were not contacted for comments on this item.
PUBLIC OUTREACH
The City and CDOT coordinated on public outreach throughout the project. The City conducted a joint public
open house meeting with CDOT prior to the beginning of construction, met individually with impacted business
owners, conducted stakeholder meetings, developed project press releases, and provided project updates to
both CDOT and City project websites.
ATTACHMENTS
1. Location map (PDF)
2. Resolution 2015-096 (PDF)
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5675 : SR 071 Mulberry Bridge-Poudre River)
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ORDINANCE NO. 071, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE WASTEWATER FUND
FOR THE STATE HIGHWAY 14 BRIDGE OVER THE POUDRE RIVER PROJECT
WHEREAS, in 2009, the Colorado Department of Transportation (“CDOT”) initiated a
project to reconstruct the existing Mulberry Bridge spanning the Poudre River (the “Project”);
and
WHEREAS, the City recognized an opportunity to collaborate with CDOT to enhance
the new bridge and Mulberry Street through the addition of urban design treatments, irrigated
landscape improvements, and frontage improvements along the City’s Mulberry Water
Reclamation Facility (the “Enhancements”); and
WHEREAS, the Enhancements would be constructed by CDOT and funded by the City;
and
WHEREAS, Resolution 2015-96 authorized the City to enter into an intergovernmental
agreement with CDOT, the purpose of which was to define the Enhancements eligible for
reimbursement, to outline long term maintenance responsibilities, and to identify an estimated
reimbursement amount for the Enhancements; and
WHEREAS, associated with the Enhancements, the City agreed to relocate an existing
security gate at the Mulberry Water Reclamation Facility and existing City traffic fiber lines
shown to be in conflict with planned bridge improvements and CDOT agreed to apply an
estimated credit of $100,000 against the estimated $1,210,000 for such relocation (the “Credit”);
and
WHEREAS, once construction was completed, City staff worked with CDOT staff to
reconcile the City’s reimbursement amount using actual CDOT construction costs for the
Enhancements and CDOT subsequently issued a direct payment to the City for $83,044, the
actual amount of the Credit; and
WHEREAS, this item will appropriate the revenue for the Credit payment from CDOT to
the City for $83,044 into the Wastewater Fund for the work performed by the City; and
WHEREAS, the City Council finds that expending funds from the Wastewater Fund on
the Enhancements relates to, logically connects with, and benefits the utility rate payers by
making improvements to the area around the Mulberry Water Reclamation Facility; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
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Attachment: Ordinance No. 071, 2017 (5675 : SR 071 Mulberry Bridge-Poudre River)
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WHEREAS, City staff has determined that the appropriation of the Credit described
herein will not cause the total amount appropriated in the Wastewater Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during the fiscal year.
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 there is hereby appropriated from unanticipated revenue in the
Wastewater Fund the sum of EIGHTY THREE THOUSAND FORTY-FOUR DOLLARS
($83,044) for expenditure in the Wastewater Fund for the State Highway 14 Bridge over the
Poudre River Project.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 071, 2017 (5675 : SR 071 Mulberry Bridge-Poudre River)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Mike Gebo, Chief Building Official
SUBJECT
Items Relating to the Adoption of the 2015 International Codes.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Repealing the 2012 International Building Code (IBC) and
Adopting the 2015 International Building Code, with Amendments.
B. Second Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Repealing the 2012 International Energy Conservation Code
(IECC) and Adopting the 2015 International Energy Conservation Code, with Amendments.
C. Second Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Repealing the 2012 International Residential Code (IRC) and
Adopting the 2015 International Residential Code, with Amendments.
D. Second Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV, of the Code of the City of
Fort Collins for the Purpose of Repealing the 2012 International Mechanical Code (IMC) and Adopting the
2015 International Mechanical Code, with Amendments.
E. Second Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV, of the Code of the City of
Fort Collins for the Purpose of Repealing the 2012 International Fuel Gas Code (IFGC) and Adopting the
2015 International Fuel Gas Code, with Amendments.
These Ordinances unanimously adopted on First Reading on June 6, 2017, adopt the 2015 International
Codes (I-Codes). The 2015 I-Codes represent the most up-to-date construction standards establishing
minimum requirements to safeguard the public health, safety, and general welfare from hazards attributed to
the built environment within the City of Fort Collins.
Subsequent to First Reading, IBC local amendment 903.3.1.2 has been edited at Exceptions 1 and 2 to
change the reference from “fire wall” to “fire partition” to be consistent with the intent of the section.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
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Agenda Item 4
Item # 4 Page 2
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 072, 2017 (IBC) (PDF)
3. Ordinance No. 073, 2017 (IECC) (PDF)
4. Ordinance No. 074, 2017 (IRC) (PDF)
5. Ordinance No. 075, 2017 (IMC) (PDF)
6. Ordinance No. 076, 2017 (IFGC) (PDF)
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Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Mike Gebo, Chief Building Official
SUBJECT
Items Relating to the Adoption of the 2015 International Codes.
EXECUTIVE SUMMARY
A. Public Hearing and First Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II, Division 2,
of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Building Code
(IBC) and Adopting the 2015 International Building Code, with Amendments.
B. Public Hearing and First Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II, Division 2,
of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Energy
Conservation Code (IECC) and Adopting the 2015 International Energy Conservation Code, with
Amendments.
C. Public Hearing and First Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II, Division 2,
of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Residential
Code (IRC) and Adopting the 2015 International Residential Code, with Amendments.
D. Public Hearing and First Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV, of the Code
of the City of Fort Collins for the Purpose of Repealing the 2012 International Mechanical Code (IMC) and
Adopting the 2015 International Mechanical Code, with Amendments.
E. Public Hearing and First Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV, of the Code
of the City of Fort Collins for the Purpose of Repealing the 2012 International Fuel Gas Code (IFGC) and
Adopting the 2015 International Fuel Gas Code, with Amendments.
The purpose of this item is to recommend adoption of the 2015 International Codes (I-Codes). The 2015 I-
Codes represent the most up-to-date construction standards establishing minimum requirements to safeguard
the public health, safety, and general welfare from hazards attributed to the built environment within the City of
Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND/DISCUSSION
The 2015 International Codes (2015 I-Codes) represent the most up-to-date, comprehensive, and fully
integrated body of codes regulating building construction and systems using prescriptive and performance-
related provisions. The purpose of these codes is to establish the minimum construction requirements to
safeguard the public health, safety and general welfare by regulating building elements including, but not
limited to, structural strength and stability, sanitation, light and ventilation, energy conservation, and property
protection from hazards attributed to the built environment within the City of Fort Collins.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5667 : SR 072-076 I-Codes)
Agenda Item 8
Item # 8 Page 2
Since 1924 the City of Fort Collins has periodically reviewed, amended, and adopted the latest nationally
recognized building standards available for the times. The City has updated the minimum construction
standards 14 times since 1924.
The 2015 International Codes will replace the 2012 editions of the IBC, IRC, IMC, IFGC, and the IECC all of
which were adopted by City Council on February 17, 2014.The 2015 International Codes are being proposed
with local amendments to address building elements unique to Fort Collins and the surrounding region.
Building codes and standards are reviewed and voted on by code officials and construction industry
professionals from across the country and published every three years under the oversight of the International
Code Council (ICC). These five core 2015 I-Codes represent the latest construction publications from ICC.
Review Process
The adoption of new building codes is always an important topic for Fort Collins and surrounding jurisdictions.
The implementation of new building standards can have a dramatic impact on the construction industry and the
economy of the community. In order to better understand these impacts, a code review committee is convened
for the purpose of reviewing the new codes and all local amendments. The code review committee represents
a wide spectrum of volunteers from across the local construction industry including private developers,
residential and commercial builders, architects, engineers, representatives from the energy conservation
sector and Poudre Fire Authority. (Attachment 1)
The code review committee met regularly for most of 2016 to discuss new proposed local amendments and
current local amendments, particularly those current local amendments that did not have the intended results
or were shown to be ineffective and costly to the construction industry. In December the code review
committee found that the proposed local amendments as presented are neither controversial nor overly
onerous or cost prohibitive on the construction industry and voted to support and move for adoption the 2015 I-
Codes and amendments. While this review process requires considerable time and resources, it produces
enforceable and effective building codes and local amendments that the community and construction industry
support and create together.
Amendments Overview
The 2015 I-Codes can be considered an editing edition where code sections are reworded, reorganized, or
renumbered for better ease of use and consistency. While past editions such as the 2009 and 2012 editions
had significant cost of construction impacts, especially in the energy conservation sections, the 2015 I-Codes
do not have the same effect on the construction industry.
The majority of local amendments associated with the current 2012 I-Codes remain in place. A handful of new
amendments are being proposed which support the City’s sustainability goals and the Climate Action Plan and
include:
Proposed amendments to the IBC
New commercial and multi-family buildings would require that exterior building mounted light fixtures be
Dark Sky listed or of a similar type.
This proposed amendment is considered cost neutral since a light fixture is required; the amendment
requires a different style of light fixture.
Multi-family projects will be required to provide one accessible roll-in shower for each 26 dwelling units
rather than each 51 dwelling units as established by the IBC.
This proposed amendment is considered cost neutral since a bathtub would have been installed; the
proposed amendment would require an accessible roll-in shower sooner than the code requirement.
Plumbing labor would be the same but tile work may increase slightly.
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5667 : SR 072-076 I-Codes)
Agenda Item 8
Item # 8 Page 3
Multi-family projects with not more than six (6) dwelling units, or twelve (12) dwellings separated by a two-
hour firewall, may be protected by a National Fire Protection Association (NFPA) 13R fire-suppression
system in lieu of the current amendment requiring the higher level of protection NFPA 13 fire-suppression
system.
This proposed amendment is considered a cost decrease. This one change is expected to lower the cost
of a fire-suppression system in small multi-family buildings by 50%.
Multi-family projects which incorporate habitable lofts will be required to provide one emergency escape
widow accessed from the loft area.
This proposed amendment can be considered a cost increase but only for those multi-family projects that
propose to install loft areas. The majority of new multi-family projects do not incorporate loft areas and this
proposed amendment would have no impact.
Proposed amendments to the IRC
New homes are to be provided with an empty 3/4 inch conduit from the attic to the main electrical panel for
ease of installing future photovoltaic (PV) system signaling wiring.
This proposed amendment is considered a cost increase. Estimate for this conduit and installation is $200.
New homes are to be provided with an empty 1/2 inch conduit from the main electrical panel board to an
empty junction box in the garage for ease of installing future electrical vehicle (EV) charging outlet.
This proposed amendment is considered a cost increase. Estimate for this conduit and installation is $100.
New homes with gas cooking appliances shall be provided with kitchen exhaust hoods, vented to the
outside and sized for cubic feet per minute (CFM) exhaust at the code established rates.
This proposed amendment is considered a cost decrease by removing the current 2012 local amendment
which requires kitchen exhaust CFM rates to be based on a ratio of British Thermal Units (BTU) of the gas
appliance. Using the current amendment of CFM to BTU ratio, exhaust system CFM calculation rates were
high enough that make-up air was required to offset that which the kitchen hood exhausted. The make-up
air system could range in cost from $200 to $400.
New dwelling units which are constructed with habitable lofts would be required to install an emergency
escape window accessed from the loft area.
This proposed amendment is considered a cost neutral. New homes with habitable lofts typically have an
emergency escape window installed as part of the loft option. However, if the option did not include an
escape window the cost increase is estimated at $200 to $300 for a stock double hung egress window.
The cost assumptions discussed in each bullet above where arrived at after staff reached out to the
tradespeople who would be involved with the code requirement such as electricians, plumbers, mechanical
contractors, and fire-suppression contractors. Construction supply houses were contacted for an estimate of
off-the-shelf materials involved such as the egress windows for loft areas. The Cost of Code estimates are for
standard stock materials and labor when known. (Attachment 2)
Vinyl Siding Concern
When the current 2012 I-Codes were adopted, one local amendment disallowed the use of vinyl and
polypropylene vinyl siding products on new buildings. This amendment was the result of a review of two multi-
family projects involved in fires which destroyed several dwelling units in each event.
The two affordable housing projects, Buffalo Run and Bull Run, were constructed using vinyl siding products.
Each fire event was found to be started from the exterior of the building. In each event the vinyl siding products
melted away exposing the structural wood sheathing. The fires spread upward along the exposed wood
sheathing until the vinyl soffit materials melted away exposing the attic framing to the fire. Once the fire
reached the attic, it spread across the top of dwelling units until it reached the fire-rated wall where Poudre Fire
Authority personnel were able to halt the fire spread. Although the vinyl siding itself did not ignite, its melting
away exposed the wood sheathing beneath contributing to the spread of the fire upward.
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5667 : SR 072-076 I-Codes)
Agenda Item 8
Item # 8 Page 4
Throughout this current code cycle, there have been no projects of multi-family, single-family, or commercial
where vinyl siding products were proposed. There have been no questions or concerns expressed over the
local amendments, except from the Vinyl Siding Institute (VSI) represented by Mr. Matt Dobson. On May 31,
2016, Mr. Dobson was afforded time in front of the Code Review Committee to discuss vinyl products, he also
reached out to the Building Review Board and City Council. (Attachment 3)
The Code Review Committee discussed the use of vinyl siding products and while there were varying opinions
on the use of the products, members indicated that an outright ban on these products may not be needed but
rather the local amendment should allow these products but only if installed over a fire-rated wall assembly.
(Attachment 4)
The 2015 IRC and IBC allow the use of vinyl siding products in new construction with limitations on its use in
high wind areas. Ft. Collins has established 100 mile per hour as the design wind speed to be used for new
construction, which is just under the wind speed limit for vinyl siding products.
The proposed amendment reinstates the use of vinyl siding products on new buildings when the vinyl siding is
installed over a one-hour fire-rated assembly. This amendment would provide a layer of fire-resistance
materials, typically a drywall gypsum product, directly behind the vinyl siding in whatever position the vinyl
material is installed. In the event of an external fire, it is supposed that the vinyl siding would again melt away
and the fire-rated assembly of gypsum materials would impede the spread of flames both in the vertical and
horizontal plane.
This proposed change, of installing vinyl siding products over a fire-resistant surface, is consistent with VSI’s
literature regarding the use of vinyl siding products within the Wildland-Urban Interface (WUI) areas. Although
the City is not located within a WUI, new developments have become increasingly dense. Structures are closer
together than in the past and one exterior fire event can impact a number of buildings, or as was seen in the
past, numerous families. This change no longer prohibits the use of vinyl siding products within the City, as
requested by the VSI’s representative. The proposed amendment does however; require an additional layer of
fire-resistance for projects when using a product that has shown to melt away exposing the more flammable
sub-sheathing and framing. This change is supported by the code review committee and the Poudre Fire
Authority.
Below are the proposed amendments for the use of these products in both the IRC and IBC.
(IRC) R703.11.1 Installation. Vinyl siding, soffit and accessories shall be installed in accordance with the
manufacturer’s instructions. Vinyl siding products shall be installed over a one-hour fire-rated assembly listed
for an exterior fire exposure in both the vertical and horizontal plane.
(IRC) R703.14.1 Polypropylene. Polypropylene siding and accessories shall be installed in accordance with
manufacturer’s installation instructions. Polypropylene siding products shall be installed over a one-hour fire-
rated assembly listed for an exterior fire exposure in both the vertical and horizontal plane.
(IBC) 1404.9.1 Vinyl siding installation. Vinyl siding products shall be installed over a one-hour fire-rated
assembly listed for an exterior fire exposure in both the vertical and horizontal plane.
(IBC) 1404.12.3 Polypropylene siding. Polypropylene siding products shall be installed over a one-hour fire-
rated assembly listed for an exterior fire exposure in both the vertical and horizontal plane.
The 2015 I-Codes were discussed by staff from various City departments through the Sustainability
Assessment Tool (SAT) process. The discussion points addressed housing affordability, accessibility,
improvements to the environment and overall benefits to the citizens. The SAT review concluded that the 2015
I-Codes result in a slightly positive SAT rating. (Attachment 6)
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5667 : SR 072-076 I-Codes)
Agenda Item 8
Item # 8 Page 5
CITY FINANCIAL IMPACTS
Alterations to or new construction of City owned properties must comply with the provisions of the 2015 I-
Codes. The scope of work to be performed will determine the financial impact to the City. In general, there are
no Citywide financial impacts expected with the adoption of the 2015 I-Codes.
Community Development and Neighborhood Services (CDNS) anticipates the following financial impacts and
expects these cost to be absorbed into the current CDNS budget:
1. Purchase of new building codes, approximately $4,500.00. The necessary copies of the five core 2015 I-
Codes have been purchased for staff.
2. Staff training on the new codes is mostly accomplished in-house. When possible, staff will attend code
classes that are offered at various times throughout the year. This additional training cost is expected not
to exceed $5,000.
3. Contractor training on the new codes and amendments. All Fort Collins licensed general contractors are
expected to be informed and knowledgeable in all newly adopted codes. To assist with this training, staff
offers a half-day class on the amendments and charges an enrollment fee sufficient to cover the cost of
expenses. This class will be scheduled for mid-year 2017.
BOARD / COMMISSION RECOMMENDATION
The 2015 I-Codes with proposed amendments were presented to numerous boards and commissions.
(Attachment 5) Although there was general approval of the codes as presented, repeated concerns heard
were the cost of codes or code creep. “Cost increases across the City are impacting the ability to provide
affordable housing”. “Building codes should remain focused on the life, health, and safety aspects of
construction and avoid sustainable requirements”.
PUBLIC OUTREACH
The 2015 I-Codes were also presented to:
Northern Colorado Home Builder Association
Chamber of Commerce
Board of Realtors
ATTACHMENTS
1. Code Review Committee (PDF)
2. Cost Estimates (PDF)
3. Dobson Letter and City Attorney response (PDF)
4. 2015 I-Code Review Committee minute excerpts re: vinyl siding (PDF)
5. Board and Commission feedback re: 2015 I-Code adoption (PDF)
6. Sustainability Assessment Summary (PDF)
7. Ordinance No. 072, 2017 (IBC) (PDF)
8. Ordinance No. 073, 2017 (IECC) (PDF)
9. Ordinance No. 074, 2017 (IRC) (PDF)
10. Ordinance No. 075, 2017 (IMC) (PDF)
11. Ordinance No. 076, 2017 (IFGC) (PDF)
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ORDINANCE NO. 072, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE II, DIVISION 2, OF THE
CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF
REPEALING THE 2012 INTERNATIONAL BUILDING CODE (IBC) AND
ADOPTING THE 2015 INTERNATIONAL BUILDING CODE, WITH AMENDMENTS
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest
nationally recognized building standards available for the times; and
WHEREAS, upon recommendation of City staff, the City Council has determined that it
is in the best interests of the City to align the five interconnected basic construction codes under
one publication year; and
WHEREAS, the five interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, and International Energy Conservation Code; and
WHEREAS, the City Council has determined that the 2015 publication year of the five
interconnected basic construction codes ought to be adopted and that their counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2015 publications contain improvements in construction code regulation;
and
WHEREAS, City staff has conducted a significant public outreach program, working
with the regulated construction industry and building professionals; and
WHEREAS, the adoption of the five interconnected basic construction codes has been
presented to and recommended by the Affordable Housing Board, the Commission on Disability,
the Air Quality Advisory Board, the Natural Resources Advisory Board, the Building Review
Board, the Electric Board, the Landmark Preservation Commission and the Water Board; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its citizens that the 2012 International Building Code, as
previously adopted and amended by the City pursuant to Ordinance No. 020, 2014, be repealed
and that in its place, the 2015 International Building Code be adopted, with local amendments as
set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
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Attachment: Ordinance No. 072, 2017 (IBC) (5667 : SR 072-076 I-Codes)
- 2 -
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International
Building Code on May 21, 2017, and May 28, 2017; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated May 14, 2107, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
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 5-26(a) of the Code of the City of Fort Collins is hereby
amended deleted in its entirety and the following is hereby added in lieu thereof:
(a) Pursuant to the power and authority conferred on the City Council by Section 31-
16-202, C.R.S. and Article II, Section 7 of the Charter, the City Council hereby repeals
the 2012 International Building Code (2012 IBC), and adopts, as the building code of the
City, the 2015 International Building Code (2015 IBC) published by the International
Code Council, as amended by the City, which shall have the same force and effect as
though set forth in full herein. The subject matter of the codes adopted herein includes
comprehensive provisions and standards regulating the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area and maintenance of buildings and structures exclusive of
detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three (3) stories above grade and their accessory structures,
for the purpose of protecting the public health, safety and general welfare. As provided
in the 2015 International Building Code, Appendices are not adopted except as expressly
set forth in Section 5-27.
Section 3. That Section 5-27 of the Code of the City of Fort Collins is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 5-27. Amendments and Deletions to 2015 International Building Code.
The 2015 INTERNATIONAL BUILDING CODE adopted in Section 5-26 is hereby
amended in the following respects:
(1) Section 101. Title is hereby retained in its entirety with the following amendments:
101.1. Title. These regulations shall be known as the General Building Code of the City
of Fort Collins, hereinafter referred to as ‘this code’.
(2) Sections 101.4.1through 101.4.7 Referenced codes, are hereby deleted in their entirety
and the following Sections 101.4.1 through 101.4.10 are hereby added in lieu thereof:
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101.4.1 Electrical. All references to the Electrical Code shall mean the electrical code
currently in effect as enacted and amended from time to time by the State of Colorado.
101.4.2 Gas. All references to the International Fuel Gas Code shall mean the fuel gas
code currently in effect as enacted by the City.
101.4.3 Mechanical. All references to the International Mechanical Code shall mean the
mechanical code currently in effect as enacted by the City.
101.4.4 Plumbing. All references to the International Plumbing Code shall mean the
plumbing code currently in effect as enacted and amended form time to time by the State
of Colorado.
101.4.5 Property Maintenance. All references to the International Property
Maintenance Code shall mean the property maintenance code currently in effect as
enacted by the City.
101.4.6 Fire Prevention. All references to the International Fire Code shall mean the
fire code currently in effect as enacted by the City.
101.4.7 Energy. All references to the International Energy Conservation Code shall
mean the energy code currently in effect as enacted by the City.
101.4.8 Residential. All references to the International Residential Code shall mean the
residential code currently in effect as enacted by the City.
101.4.9 Areas prone to flooding. All references to ‘flood hazard’ and ‘areas prone to
flooding’ in this code and appendices adopted therewith subject to applicable regulations
and requirements set forth in the City Code, “Chapter 10, Flood Prevention and
Protection.”
101.4.10 Existing buildings. All references to existing buildings may be regulated
pursuant to the adopted International Property Maintenance Code or the 2012
International Building Code Chapter 34 titled ‘Existing Buildings and Structures'
previously adopted by the City of Fort Collins and no longer a chapter in this code.
(3) Section 103 Department of Building Safety is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
SECTION 103 CODE ADMINISTRATION
103.1 Entity charged with code administration. The Community Development and
Neighborhood Services Department (CDNS), as established by the City Code, is hereby
charged with the administration and enforcement of this code.
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The building official, appointed by the City Manager, is charged with the direct overall
administration and enforcement of this code; and, in the performance of said duties, may
delegate the necessary authority to the appropriate technical, administrative, and
compliance staff under the supervision the building official.
(4) Section 105.2 Work exempt from permit, including provisions under the heading of
“Building”, is hereby retained with the following amendments:
105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction. Permits shall not be required for
the following:
Building:
1. One-story, detached, accessory structures used for lawn and garden equipment
storage, tool storage and similar uses, as well as arbors, pergolas, and similar structures,
provided the floor area is not greater than 120 square feet (11.15 m
2
)
or 8 feet (2.438 m)
in height measured from grade, do not house flammable liquids in quantities exceeding
10 gallons (38 l) per building and are located at least 3 feet (0.914 m) from an adjoining
property line.
2. Fences not over 6 feet (1829 mm) high.
3 Oil derricks
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
low side grade to the top of the wall unless supporting a surcharge or impounding Class I,
II or IIIA liquids. The horizontal distance to the next uphill retaining wall shall be at least
equal to the total height of the lower retaining wall.
5. Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
6. Platforms intended for human occupancy or walking, sidewalks and driveways
not more than 30 inches (762 mm) above adjacent grade, and not over any basement
window and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated and portable swimming or wading pools, hot tubs or spas if such
structures are supported directly upon grade when the walls of such structure are entirely
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above grade and if such structures cannot contain water more than 24 inches (610 mm)
deep.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems. Hoop houses constructed with a flexible frame such as PVC
tubing used for starting plants.
11. Swings and other playground equipment or play structures accessory to detached
one- and two-family dwellings provided the floor area is not greater than 120 square feet
(11.15 m
2
)
or 8 feet (2.438 m) in height measured from grade, including one elevated
playhouse or play structure per lot designed, and used exclusively for play. Elevated play
houses or play structures shall not exceed 64 square feet (5.9 m2)
of floor area or 6 feet
(1.82 m) in height as measured from the floor to the highest point of such structure.
12. Window awnings supported by an exterior wall which do not project more than
54 inches (1372 mm) from the exterior wall, do not require additional support, and do not
extend over the public right of way. Window replacement requiring no structural
alteration. Window replacement requiring no change in the window configuration which
reduces the size of the window clear opening. Window replacement when such work is
determined not to be historically significant. Storm window, storm door and rain gutter
installation.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
14. Decks not exceeding 200 square feet (18.58 m2) in area that are not more than 30
inches (762 mm) above grade, are not attached to a building, and do not serve an exit
door required by Chapter 10.
15. Roofing repair or replacement work not exceeding one square (100 square feet) of
covering per building.
16. Replacement of nonstructural siding when the removal of siding is performed in
accordance with State laws regarding asbestos and lead paint.
17. Work valued at less than $500 when such work does not involve alteration of
structural components, fire-rated assemblies, plumbing, electrical, mechanical or fire-
extinguishing systems.
18. Decorative ponds, fountains and pools that cannot contain water more than 24
inches (610 mm) deep.
(5) Section 105.2 Work exempt from permit, is further amended by deleting all headings and
references under Electrical, Gas, Mechanical, and Plumbing in their entirety.
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(6) Section 105.3.2 Time limitation of application is hereby retained in its entirety with the
following amendments:
105.3.2 Time limitation of application An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 180 days each provided the application has not expired and is
considered an active application. The extension shall be requested in writing and
justifiable cause demonstrated. Applications that have expired for 30 days or more will be
considered as null and void and all plans discarded.
(7) Section 105.5 Expiration is hereby retained in its entirety with the following
amendments:
Every permit issued shall become invalid unless the work on the site authorized by such
permit is commenced within 180 days after its issuance, or if the work authorized on the
site by such permit is suspended or abandoned for a period of 180 days after the time the
work is commenced. The building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each, provided the permit has not
expired for more than 30 days. The extension shall be requested in writing and justifiable
cause demonstrated.
Both prior to and subsequent to the effective date of this code, any work authorized by a
permit regulated by this code or any other building construction code administered by the
building official that involves the construction or alteration of an exterior building
component, assembly or finish material, such as the foundation, wall and roof framing,
sheathing, siding, fenestration, and roof covering, shall be fully finished for permanent
outdoor exposure within 24 months of the date of the issuance of such permit.
(8) Section 106 Floor and Roof Design Loads is hereby deleted in its entirety.
(9) Section 107.3.1 Approval of construction documents, is hereby retained in its
entirety with the following amendments:
107.3.1 Approval of construction documents. When the building official issues a
permit, the construction documents shall be approved in writing or by a stamp indicating
the approved permit number. One set of construction documents so reviewed shall be
retained by the building official. The other set shall be returned to the applicant, shall be
kept at the site of work and shall be open to inspection by the building official or his or
her authorized representative.
(10) Section 108 Temporary Structures and Uses is hereby deleted in its entirety.
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(11) Section 109, FEES, is hereby deleted in its entirety and the following is hereby added in
lieu thereof:
SECTION 109 FEES
109.1 Payment of fees. No permit shall be valid until the fees prescribed by the City
Manager pursuant to Chapter 7.5, Article I of the City Code, entitled, ‘Administrative
Fees’, have been paid.
109.2 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection with or concurrently with the work authorized by
a permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
109.3 Fee refunds. Any fee paid hereunder that is erroneously paid or collected shall be
refunded. The building official may authorize the refunding of 100 percent of a plan
review fee or permit fee to the applicant who paid such fee provided the plan review is
withdrawn or cancelled and the plan review and/or work authorized under a permit issued
in accordance with this code has not commenced; and further provided that such plan
review or permit is valid and not expired as set forth in Section 105.5. Prior to
authorizing the refunding of any fee paid to the original applicant or permitee, a written
request from such party must be submitted to the City within 180 days of the date of the
fee payment.
(12) Section 110.3 Required inspections is hereby retained in its entirety with the
following amendments:
110.3 Required inspections The building official, upon notification, shall make or shall
cause to be made the inspections set forth in Sections 110.3.1 through 110.3.10.
. . .
(13) Section 111.2 Certificate issued is hereby retained in its entirety with the following
amendments:
111.2 Certificate issued. After the building official inspects the building or structure and
does not find violations of the provisions of this code or other laws that are enforced by
the department of building safety, the building official shall issue a certificate of
occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
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5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
(14) Section 113, Board of Appeals, is hereby deleted in its entirety and the following is
hereby added in lieu thereof:
SECTION 113 BOARD OF APPEALS
113.1 General. The Building Review Board (hereafter “Board”) established in Section
2-117 of the City Code is hereby empowered in accordance with the procedures set forth
in this Section and as authorized under Section 2-119 of the City Code to hear and decide
appeals of orders, decisions, or determinations made by the building official relative to
the application and interpretation of this code; to determine the suitability of alternative
materials or alternative methods of construction; and to grant permit extensions and
reinstatements as prescribed by Section 105.5. The building official shall serve as the
Secretary of the Board. The Board shall adopt rules of procedure for conducting its
business and shall render all decisions and findings in writing.
113.2 Applications/Hearings. When a building permit applicant or a holder of a
building permit desires relief from any decision of the building official related to the
enforcement of this code, except as is otherwise limited in Section 113.4, such building
permit applicant, building permit holder, or representative thereof may appeal the
decision of the building official to the Board, stating that such decision by the building
official was based on an erroneous interpretation of the building regulations or that an
alternative design, alternative materials and/or the alternative methods of construction
proposed by the appellant are equivalent to those prescribed by this code, considering
structural strength, effectiveness, fire resistance, durability, safety and any other pertinent
factors.
The Board shall hear and decide all appeals made to it and shall have the authority to rule
in favor of the appellant when the Board determines that the interpretation of the building
regulations of the City by the building official was erroneous, or when the Board
determines an alternative design, alternative materials and/or the alternative methods
proposed by the appellant are equivalent to those prescribed by this code, considering
structural strength, effectiveness, fire resistance, durability, safety and any other pertinent
factors. The Board shall require that sufficient evidence be submitted to substantiate any
claims made regarding the proposed alternative design, alternative materials and/or
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alternative methods of construction. A quorum of 4 members shall be necessary for any
meeting of the Board.
113.3 Fees and Notification. Persons desiring to appeal to the Board any decision of the
building official as provided in this Section shall, at the time of filing such appeal, pay to
the City a filing fee in the amount of $50. Written notice of hearings shall be given to the
Appellant and, with respect to requests for exceptions or variances to Section 1101.1 of
this code, to the secretary to the Commission on Disability, at least 4 days prior to the
hearing by mailing the same to such party's last known address by regular U.S. mail.
113.4 Limitations. The Building Review Board shall have no authority with respect to
any of the following functions:
1. The administration of this code except as expressly provided otherwise;
2. Waiving requirements of this code, except as provided in this Section;
3. Modifying the applicable provisions of, or granting variances to, this code, or
approving the use of alternative designs, alternative materials and/or alternative
methods of construction except as provided for in this Section and based upon a
specific appeal from a determination or decision of the building official on an
individual case basis; and
4. Modifying, interpreting, or ruling on the applicability or intent of the zoning and
land use regulations or other laws of the City except as expressly empowered
otherwise.
(15) Section 114.4, Violation penalties is retained in its entirety with the following
amendments:
114.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of this code,
shall be guilty of a misdemeanor and shall be subject to the penalties and fines specified
in Section 1-15 of the City Code.
(16) A new Section 114.5 Work commencing before permit issuance, is hereby added to read
as follows:
114.5 Work commencing before permit issuance. In addition to the penalties set forth
in Section 114.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempt from obtaining a permit,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more
than $1,000 for the first such violation. A person or firm committing the same such
violation repeatedly shall be subject to a fine equal to double the amount of the permit fee
or double the amount of the fine imposed for the preceding violation, whichever is
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greater, for each such subsequent violation committed within 180 days of a previous
violation. Said fines may be appealed to the City Manager pursuant to Chapter 2, Article
VI of the City Code.
(17) Section 202, DEFINITIONS, is hereby amended to modify, or add, in alphabetical
order, the following definitions:
. . .
COMMISSIONING. A process to verify and document that the selected building and
systems have been designed, installed, and function in accordance with the construction
documents, manufacturers’ specifications, and minimum code requirements.
. . .
DWELLING. A building used exclusively for residential occupancy and for permitted
accessory uses, including single-family dwellings, two-family dwellings and multi-family
dwellings, and short term primary and non-primary rentals. The term dwelling shall not
include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other
structures designed or used primarily for temporary occupancy with the exception of
short term primary and non-primary rentals. Any dwelling shall be deemed to be a
principal building.
DWELLING UNIT. One or more rooms and a single kitchen and at least 1 bathroom,
designed, occupied or intended for occupancy as separate quarters for the exclusive use
of a single family for living, cooking and sanitary purposes, located in a single-family,
two-family or multi-family dwelling or mixed-use building.
. . .
FAMILY. Any number of persons who are all related by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship, and who live together as a
single housekeeping unit and share common living, sleeping, cooking and eating
facilities.
. . .
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the
finished surface of the ground, paving or sidewalk between the building and the property
line or, when the property line is more than 5 feet (1.524 m) from the building, between
the building and a line 5 feet (1.524 m) from the building.
. . .
ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot,
mattress, convertible sofa or other similar furnishing used for sleeping purposes shall be
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prima facie evidence that such space or room is a sleeping room. The presence of closets
or similar storage facilities shall not be considered relevant factors in determining
whether or not a room is a sleeping room.
. . .
TOWNHOUSE. A single-family dwelling unit constructed as part of a group of two or
more attached individual dwelling units, each of which is separated from the other from
the foundation to the roof and is located entirely on a separately recorded and platted
parcel of land (site) bounded by property lines, which parcel is deeded exclusively for
such single-family dwelling.
. . .
VOLATILE ORGANIC COMPOUND (VOC): Any compound of carbon, excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, which participates in atmospheric photochemical reactions. VOCs
include a variety of chemicals, some of which may have short-and long-term adverse
health effects emitted as gases from certain solids or liquids.
. . . .
(18) Section 419.1 General is hereby retained in its entirety with the following amendments:
419.1 General.
A live/work unit shall comply with Sections 419.1 through 419.9.
Exception: Dwelling or sleeping units that include an office that is less than 20 percent
of the area of the dwelling unit are permitted to be classified as dwelling units with
accessory occupancies in accordance with Section 508.2.
(19) A new Section 501.3 Premises Identification is hereby added to read as follows:
501.3 Premises Identification During Construction. The approved permit number and
street address number shall be displayed and be plainly visible and legible from the
public street or road fronting the property on which any building is being constructed or
remodeled.
(20) Section 505.2.1 Area Limitation is hereby retained in its entirety with the addition of a
new exception number 3 to read as follows:
. . .
3. Within individual dwelling units of Group R occupancies, the maximum
aggregate area of a mezzanine may be equal to one-half of the area of the room in
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which it is located, without being considered an additional story. The mezzanine
may be closed to the room in which it is located as long as means of egress from
the mezzanine are in conformance with Section 505.2.2.
(21) Section 505.2.2 Means of Egress is hereby retained in its entirety with the
following amendments:
505.2.2 Means of egress. The means of egress for mezzanines shall comply with the
applicable provisions of Chapter 10. Habitable mezzanines within dwelling units shall be
provided with emergency escape and rescue openings in accordance with Section 1030.
(22) Section 705.3 Buildings on the same lot is hereby retained in its entirety with the
following amendment adding a third paragraph after the numbered Exceptions, to read as
follows:
. . .
Lines or walls that are established solely to delineate individual portions of a building or
of a planned unit development (PUD) need not be considered as property lines for the
purposes of this code, provided that such building is entirely located on property which is
under common ownership and further provided that required distances, set forth in
Section 503.1.2 for assumed property lines between buildings located on the same
property, are maintained.
(23) Section 903.2.1.1 Group A-1 is hereby retained in its entirety with the following
amendments:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for fire areas
containing Group A-1 occupancies and intervening floors of the building where one of
the following conditions exists:
1. The fire area exceeds 5000 square feet (464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
4. The fire area contains a multitheater complex.
(24) Section 903.2.1.3 Group A-3 is hereby retained in its entirety with the following
amendments:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas
containing Group A-3 occupancies and intervening floors of the building where one of
the following conditions exists:
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1. The fire area exceeds 5000 square feet (464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
(25) Section 903.2.1.4 Group A-4 is hereby retained in its entirety with the following
amendments:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas
containing Group A-4 occupancies and intervening floors of the building where one of
the following conditions exists:
1. The fire area exceeds 5000 square feet (464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
(26) A new Section 903.2.1.8 Group B is hereby added to read as follows:
903.2.1.8 Group B. An automatic sprinkler system shall be provided for fire areas
containing Group B occupancies when the fire area exceeds 5000 square feet (464.5 m
2
).
(27) Section 903.2.3 Group E is hereby retained in its entirety with the following
amendments:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E
occupancies as follows:
1. Throughout all Group E fire areas greater than 5000 square feet (464.5 m
2
) in
area.
2. Throughout every portion of educational buildings below the lowest level of exit
discharge serving that portion of the building.
Exception: An automatic sprinkler system is not required in any area below the
lowest level of exit discharge serving that area where every classroom throughout the
building has not fewer than one exterior exit door at ground level.
(28) Section 903.2.4 Group F-1 is hereby retained in its entirety with the following
amendments:
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903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following conditions
exists:
1. A Group F-1 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group F-1 fire area is located more than three stories above grade plane.
.3. A Group F-1 occupancy used for the manufacture of upholstered furniture or
mattresses exceeds 2500 square feet (232 m
2
).
. . .
(29) A new Section 903.2.4.2 Group F-2 is hereby added to read as follows:
903.2.4.2 Group F-2. An automatic sprinkler system shall be provided throughout all
buildings containing a Group F-2 occupancy where one of the following conditions
exists:
1. A Group F-2 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group F-2 fire area is located more than three stories above grade plane.
(30) Section 903.2.6 Group I is hereby retained in its entirety with the following
amendments:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings
with a Group I fire area.
Exceptions:
1. An automatic sprinkler system is not required where group I-4 day care facilities are at
the level of exit discharge and where every room where care is provided has not fewer
than one exterior exit door and the fire area does not exceed 5000 square feet (464.5 m
2
).
2. In buildings where Group I-4 day care is provided on levels other than the level of exit
discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be
installed on the entire floor where care is provided, all floors between the level of care
and the level of exit discharge, and all floors below the level of exit discharge other than
areas classified as an open parking garage.
(31) Section 903.2.7 Group M is hereby retained in its entirety with the following
amendments:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following conditions exists:
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1. A Group M fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group M fire area is located more than three stories above grade plane.
3. A Group M occupancy used for the display and sale of upholstered furniture or
mattresses exceeds 5000 square feet (464 m
2
).
. . .
(32) Section 903.2.9 Group S-1 is hereby retained in its entirety with the following
amendments:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. A Group S-1 fire area used for the storage of commercial motor vehicle where the
fire area exceeds 5000 square feet (464 m
2
).
4. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2500 square (232m
2
).
(33) Section 903.2.9.1 Repair Garages is hereby retained in its entirety with the
following amendments:
903.2.9.1 Repair garages.
An automatic sprinkler system shall be provided throughout all buildings used as repair
garages in accordance with Section 406, as shown:
1. Buildings having two or more stories above grade plane, including basements,
with a fire area containing a repair garage exceeding 5000 square feet (464.5 m
2
).
2. Buildings not more than one story above grade plane, with a fire area containing
a repair garage exceeding 5000 square feet (464.5 m
2
).
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles where the
fire area exceeds 5000 square feet (464 m
2
).
. . .
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(34) Section 903.2.10 Group S-2 enclosed parking garages is hereby retained in its entirety
with the following amendments:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be
provided throughout all buildings containing a Group S-2 occupancy where one of the
following conditions exists:
1. A Group S-2 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group S-2 fire area is located more than three stories above grade plane.
Exception: Open Parking Garages
(35) Section 903.2.11.1.3 Basements is hereby retained in its entirety with the following
amendments:
903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet
(22 860 mm) from openings required by Section 903.2.11.1, the basement shall be
equipped throughout with an approved automatic sprinkler system.
(36) Section 903.3.1.2 NFPA 13R sprinkler systems is hereby amended to read as follows
903.3.1.2 NFPA 13R sprinkler systems. Automatic Sprinkler systems in Group R
occupancies shall be installed throughout in accordance with NFPA 13 Section 903.3.1.1.
Exception: NFPA 13R is allowed when the following conditions exist:
1. The building does not contain more than 6 individual dwelling units and the units
are separated from each other with a 1 hour fire wallpartition.
2. The building does not contain more than 12 individual dwelling units and is
divided into no more than 6 individual dwellings units (complying with number 1
above) by a minimum 2 hour fire wallpartition
The number of stories of Group R occupancies constructed in accordance with Sections
510.2 and 510.4 shall be measured from the horizontal assembly creating separate
buildings.
(37) Section 907.2.11 Single- and multiple-station smoke alarms is hereby retained in its
entirety with the following amendment to add a new second paragraph thereto to read as
follows:
. . .
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When one or more sleeping rooms are added or created in existing Group R Occupancies,
the entire building shall be provided with smoke detectors located and installed as
required for new Group R Occupancies as described herein.
. . .
(38) Section 1009.3 Stairways, is hereby preserved in its entirety with the following
amendments to the Exceptions listed therein:
Exceptions:
1. Exist access stairways providing means of egress from mezzanines are permitted
as part of an accessible means of egress.
2. The clear width of 48 inches (1219 mm) between handrails is not required in
buildings not more than 4 stories above grade plane equipped throughout with an
automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2.
3. The clear width of 48 inches (1219 mm) between handrails is not required for
stairways accessed from a refuge area in conjunction with a horizontal exit.
4. Areas of refuge are not required at exit access stairways in buildings not more
than 4 stories above grade plane equipped throughout with an automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2.
65. Areas of refuge are not required at stairways serving open parking garages.
6. Areas of refuge are not required for smoke protected assembly seating areas
complying with Section 1029.6.2.
7. Areas of refuge are not required at stairways in Group R-2 occupancies.
8. Areas of refuge are not required for stairways accessed from a refuge area in
conjunction with a horizontal exit.
(39) Section 1009.4 Elevators is hereby preserved in its entirety with the following
amendments:
1009.4 Elevators. In order to be considered part of an accessible means of egress, an
elevator shall comply with the emergency operation and signaling device requirements of
Section 2.27 of ASME A17.1. Standby power shall be provided in accordance with
Chapter 27 and Section 3003.
. . .
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(40) Section 1009.4 Elevators is further amended by the addition of a new Exception 6 to read
as follows:
. . .
6. Elevators in buildings not more than 4 stories above grade plane are not required
to be considered an accessible means of egress when the building is equipped
throughout with an automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2.
(41) Section 1009.6 Areas of refuge is hereby retained in its entirety with the following
amendments:
1009.6 Areas of refuge Areas of refuge are not required in buildings not more than 4
stories above grade plane. Every required area of refuge shall be accessible from the
space it serves by an accessible means of egress.
. . .
(42) Section 1009.8 Two-way communication is hereby retained in its entirety with the
following amendments to Exception #1:
. . .
Exception:
1. Two-way communication systems are not required at the landing serving each
elevator or bank of elevators of buildings not required to provide areas of refuge in
accordance with section 1009.6.
. . .
(43) Section 1010.1.5 Floor elevation is hereby retained in its entirety with the addition of a
new Exception 7 to read as follows:
. . .
7. Exterior doors serving individual dwelling units, other than the main entrance
door to a dwelling unit, may open at one intervening exterior step that is equally
spaced between the interior floor level above and exterior landing below,
provided that the step has a minimum tread depth of 12 inches, a maximum riser
height of 7 ¾ inches (19.68cm), and a minimum width equal to the door width,
and further provided that the door does not swing over the step.
(44) Section 1010.1.5 Floor elevation is further amended by the addition of the following
paragraph after the Exceptions:
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. . .
All exterior steps, slabs, walks, decks and patios serving as exterior door landings or
exterior stairs shall be adequately and permanently secured in place by approved methods
to prevent such landings or stairs from being undermined or subject to significant
displacement due to improper placement of supporting backfill or due to inadequate
anchoring methods.
(45) Section 1011.11 Handrails is hereby retained in its entirety with the following
amendments:
1011.11 Handrails. Stairways of more than 1 riser shall have handrails on each side and
shall comply with Section 1014. Where glass is used to provide the handrail, the handrail
shall also comply with Section 2407.
Exceptions:
1. Stairways within dwelling units and spiral stairways are permitted to have a handrail
on one side only.
2. Decks, patios and walkways that have a single change in elevation where the landing
depth on each side of the change of elevation is greater than what is required for a
landing do not require handrails.
3. In Group R-3 occupancies, a change in elevation consisting of a single riser at an
entrance or egress door does not require handrails.
4. Changes in room elevations of three or fewer risers within dwelling units and
sleeping units in Group R-2 and R-3 do not require handrails.
(46) Section 1015.8 Window openings is hereby retained in its entirety with the following
amendments to the first paragraph to read as follows:
1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling
units, where the top of the sill of an operable window opening is located less than 24
inches (610 mm) above the finished floor and more than 72 inches (1829 mm) above the
finished grade or other surface below on the exterior of the building, shall comply with
one of the following:
. . .
(47) A new Section 1015.9 Below grade openings is hereby added to read as follows:
1015.9 Below grade openings. All area wells, stair wells and light wells attached to any
building that are located less than 36 inches from the nearest intended walking surface
and deeper than 36 inches below the surrounding ground level, creating an opening with
a horizontal dimension greater than 24 inches measured perpendicularly from the
building, with the side walls of such well having a slope steeper than 2 horizontal to 1
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vertical, shall be protected with guardrails conforming to this Section around the entire
opening, or be provided with an equivalent barrier.
Exceptions:
1. The access side of stairways need not be barricaded.
2. Area wells provided for emergency escape and rescue windows may be protected
with approved grates or covers that comply with Section 1029.4 of this code.
3. Covers and grates may be used over stairways and other openings used
exclusively for service access or for admitting light or ventilation.
(48) Section 1030.1 General is hereby retained in its entirety with the following amendments
to Exceptions 1:
. . .
Exceptions:
1. Basements with a ceiling height of less than 72 inches (1828.8 mm) shall not be
required to have emergency escape and rescue openings.
. . .
(49) A new Section 1030.3.1 Minimum height from floor is hereby added to read as follows:
1030.3.1 Minimum height from floor. Emergency escape and rescue windows that are
located more than 72 inches (1829 mm) above the finished grade shall have a sill height
of not less than 24 inches (609 mm) measured from the finished interior side floor.
Exception:
Emergency escape and rescue openings located over a roof surface with a slope of 4:12
or less and extending a minimum of 5 feet horizontally outward from the window.
(50) Section 1030.5 Window Wells is hereby retained in its entirety with amendments adding
new exceptions to read as follows:
. . .
Exception:
With the window in the full open position, the bottom window well step may encroach a
maximum of 12 inches (304 mm) into the minimum horizontal projection, provided the
well meets the criteria of 1 and 2 below:
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1. The bottom of the well is not less than 36 inches wide (914 mm), centered
horizontally on the openable portion of the emergency escape and rescue opening,
and
2. An unobstructed clear horizontal projection of 36 inches (914 mm) is maintained
at the centerline of the openable portion of the emergency escape and rescue door
or window.
(51) A new Section 1030.5.3 Drainage is hereby added to read as follows:
1030.5.3 Drainage. All window wells shall be designed for proper drainage by
connecting to the building’s foundation drainage system required by Section 1805.4.2 or
by an approved alternative method. The inlet to the drainage system shall be a minimum
of 4 inches (101 mm) below the window sill. Where no drains are required, the window
well surface shall be a minimum of 4 inches (101 mm) below the window sill.
Exceptions:
1. A drainage system for window wells is not required when the foundation is on
well-drained soil or sand-gravel mixture soils as determined by the foundation
engineer of record.
2. A drainage system is not required for new window wells on additions to existing
dwellings.
(52) Section 1101.2 Design is hereby retained in its entirety with the following amendments:
1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible
in accordance with this code and the most recently published edition of ICC A117.1 as
referenced by the building official.
(53) Section 1103.1 Where required is hereby retained in its entirety with the following
amendment to add a new second paragraph to read as follows:
. . .
When the Building Review Board considers granting exceptions or variances either to
this chapter pursuant to Section 113 of this code or to Colorado Statutes pursuant to
Section 9-5-102, C.R.S., it shall require the applicant requesting the exception or variance
to demonstrate that the application of a particular standard or specification relating to
access for persons with disabilities would impose an extraordinary hardship on the
subject property. For the purposes of this Section, an extraordinary hardship shall mean a
substantial and unusual hardship that is the direct result of unique physical site conditions
such as terrain, topography or geology, or that is the direct result of other unique or
special conditions encountered on the subject property, but that are not typically
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encountered elsewhere in the City. Constraints, complications or difficulties that may
arise by complying with this chapter and/or with the statutory standards for accessibility
but that do not constitute an extraordinary hardship shall not serve to justify the granting
of an exception or variance.
(54) Section 1107.2 Design is hereby retained in its entirety with the following amendment to
add a new second and a new third paragraph to read as follows:
. . .
When any building or buildings, classified as Group R, Division 1 or Group R, Division 2
Occupancy, are constructed as a single building project (or any phase thereof) on any one
site, and such building project (or phase) contains one or more accessible dwelling units
as required by this chapter or Colorado law, said building project (or phase) shall be
constructed such that all such required accessible dwelling units in such building project
(or phase) provide the same functional features as are provided in the nonaccessible units
in such building project (or phase). Furthermore, all such functional features except
dwelling unit bedroom-types shall be provided in the same proportion as in the
nonaccessible units. Not less than 50 percent of the required accessible dwelling units
shall be constructed with the distribution of accessible dwelling unit bedroom-types
being proportionally the same as the distribution of nonaccessible dwelling unit bedroom-
types, provided that at least one of each dwelling unit bedroom-type constructed in the
building project (or phase) shall be an accessible dwelling unit.
For purposes of this Section 1107.2, the following definitions shall apply. Dwelling unit
bedroom-type shall mean the number of bedrooms within the dwelling unit. Functional
feature shall mean a closet, garage, carport, patio, deck, additional room (such as a
bedroom, bathroom, den, storeroom, laundry or similar room) or any other significant
feature built at the time of original construction that offers occupants improved
convenience or comfort. Aesthetic or decorative features such as colors, architectural
design elements, trim and finish materials, decorative heating appliances not providing
the primary comfort heat source, lighting fixture style, cabinet and hardware style,
plumbing fixture style, the type and location of windows and glazed lights, or any similar
miscellaneous features shall not be construed as functional features.
(55) Table 1107.6.1.1 Accessible Dwelling Units and Sleeping Units is hereby deleted in its
entirety and the following Table 1107.6.1.1 is hereby added in lieu thereof:
TABLE 1107.6.1.1
ACCESSIBLE DWELLING UNITS AND SLEEPING UNITS
Total number
of units
provided
Minimum required number of
accessible units without roll-in
showers
Minimum required
number of accessible
units with roll-in
showers
Total number of required
accessible units
1 - 25 1 0 1
26 - 50 1 1 2
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51 - 75 2 2 4
76 - 100 3 2 5
101 - 150 5 2 7
151 - 200 6 2 8
201 - 300 7 3 10
301 - 400 8 4 12
401 - 500 9 4 13
501 - 1000 2% of total 1% of total 3% of total
Over 1000 20, plus 1 for each 100, or fraction
thereof, over 1000
10, plus 1 for each 100,
or fraction thereof, over
1000
30, plus 1 for each 100,
or fraction thereof, over
1000
(56) Section 1203.4 Under-floor ventilation is hereby deleted in its entirety and the following
is hereby added in lieu thereof:
1203.4 Under-floor ventilation All exposed earth in a crawl space shall be covered with
a continuous Class I vapor retarder. Joints of the vapor retarder shall overlap by 6 inches
(152 mm) and shall be sealed or taped. The edges of the vapor retarder shall extend at
least 6 inches (152 mm) up the perimeter stem wall and any footing pads on grade, and be
permanently attached and sealed to the stem wall or footing pads.
1203.4.1 Crawl space. Crawl spaces shall be designed and constructed to be inside the
building thermal envelope, in accordance with the insulation and air sealing requirements
for crawl space walls and rim joists of Section N1102 of the International Residential
Code as amended or the International Energy Conservation Code as amended. Crawl
spaces shall not be vented to the exterior. They shall be conditioned using one of the
following approaches:
1. Continuously operated mechanical exhaust ventilation at a rate equal to 1 cubic
foot per minute (0.47 L/s) for each 50 square feet (4.7m2) of crawl space floor
area, including an air pathway to the common area (such as a duct or transfer
grille);
2. Conditioned air supply sized to deliver at a rate equal to 1 cubic foot per minute
(0.47 L/s) for each 50 square feet (4.7 m2) of under-floor area, including a return
air pathway to the common area (such as a duct or transfer grille);
3. Plenum in existing structures complying with Section M1601.5, if under-floor
space is used as a plenum.
Exception:
Crawl spaces shall be permitted to be designed and constructed as unconditioned spaces,
outside the building thermal envelope, provided the following requirements are met:
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1. The floor above the crawl space is part of the building thermal envelope. It shall
meet the insulation requirements of Table N1102.1.1 of this code and shall be air-
sealed in accordance with Section N1102.4.1 of this code.
2. Ventilation openings shall be placed through foundation walls or exterior walls.
The minimum net area of ventilation openings shall not be less than 1 square foot
(0.0929 m2) for each 1,500 square feet (140 m2) of under-floor space area. One
such ventilating opening shall be within 3 feet (914 mm) of each corner of the
building.
3. Ventilation openings shall be covered for their height and width with any of the
following materials provided that the least dimension of the covering shall not
exceed 1/4 inch (6.4 mm):
a. Perforated sheet metal plates not less than 0.070 inch (1.8 mm) thick.
b. Expanded sheet metal plates not less than 0.047 inch (1.2 mm) thick.
c. Cast-iron grill or grating.
d. Extruded load-bearing brick vents.
e. Hardware cloth of 0.035 inch (0.89 mm) wire or heavier.
f. Corrosion-resistant wire mesh, with the least dimension being one-eighth
(1/8) inch (3.2 mm) thick.
4. The installation of operable louvers is allowed.
Mechanical ventilation systems for spaces under below grade floors shall be designed by
a professional engineer, addressing moisture controls and by approved methods
considering the impact of negative pressures created by exhaust fans, clothes dryers and
similar appliances.
1203.4.2 Ventilated under-floor spaces. Floor systems above ventilated under-floor
spaces, or floors open to the exterior with no enclosed space below shall be insulated to
R-30 in accordance with the adopted International Energy Conservation Code Table
402.1.1. The floor system shall be sealed to prevent heat loss and air infiltration.
(57) A new Section 1211 Radon-Resistant Construction is hereby added to read as follows:
1211 – Radon-resistant construction
1211.1 Scope. The provisions of this Section shall apply to new R-2, R-3, R-4
Occupancies, new I-1 occupancies, and new I-2 nursing homes.
1211.1.1 Purpose. The purpose of this Section is to provide minimum requirements to
enhance the public safety, health and general welfare, through construction methods
designed and installed to resist entry of radon gas into the occupied spaces of buildings
regulated by this code.
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1211.2 - Definitions
1211.2.1 General. For the purpose of this Section, the terms used shall be defined as
follows:
FOUNDATION DRAIN SYSTEM. A continuous length of drain tile, perforated pipe,
or filter mat extending around all or part of the internal or external perimeter of a
basement or crawl space footing designed to collect and drain away excess subsurface
water.
RADON. A naturally occurring, chemically inert, radioactive gas that is not detectable
by human senses, that can move readily through particles of soil and rock, and that can
accumulate under the slabs and foundations of homes where it can easily enter the living
space through construction cracks and openings.
SOIL-GAS-RETARDER. A continuous membrane of 3-mil (0.075 mm) cross-linked
polyethylene or other equivalent material used to retard the flow of soil gases into a
building.
SUBFLOOR. A concrete slab or other approved permanent floor system that directly
contacts the ground and is within the walls of the living spaces of the building.
SUB-MEMBRANE DEPRESSURIZATION SYSTEM. A system designed to achieve
lower sub-membrane air pressure relative to crawl space air pressure by use of a vent
drawing air from beneath the soil-gas-retarder membrane.
SUB-SLAB DEPRESSURIZATION SYSTEM (Passive). A system designed to
achieve lower sub-slab air pressure relative to indoor air pressure by use of a vent pipe
routed through the conditioned space of a building and connecting the sub-slab area with
outdoor air, thereby relying on the convective flow of air upward in the vent to draw air
from beneath the slab.
1211.3 - Requirements
1211.3.1 General. The following required construction methods are intended to resist
radon entry and prepare the building for post-construction radon mitigation.
1211.3.2 Subfloor preparation. A layer of gas-permeable material shall be placed under
all subfloors. The gas-permeable layer shall consist of one of the following methods
except that where fills of aggregate size less than that described in Method 1 are used
beneath a slab, Method 2,3, 4, or 5 must be used.
1. A uniform layer of clean aggregate, a minimum of 4 inches (102 mm) thick. The
aggregate shall consist of material that will pass through a 2 inch (51 mm) sieve
and be retained by a 1/4 inch (6.4 mm) sieve. In buildings where interior footings
or other barriers separate sub-grade areas, penetrations through the interior
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footing or barrier equal to a minimum of 12 square inches (0.094 m
2
) per 10 feet
(3.048 m) of barrier length shall be provided. A minimum of 2 penetrations shall
be provided per separation and be evenly spaced along the separation.
Exception:
In buildings where interior footings or other barriers separate the sub-grade area, separate
radon vent pipes may be installed for each sub-grade area as specified in Section 1211.5.2
in place of penetrations through the barrier.
2. A foundation drain pipe system installed under concrete floor slab areas less than
2,000 square feet (186 m
2
), consisting of a continuous loop of minimum 3 inch
(76 mm) diameter perforated pipe shall be laid in the sub-grade with the top of the
pipe located 1-inch (25.4 mm) below the concrete slab. The pipe may be rigid or
flexible but shall have perforations fully around the circumference with a free air
space equal to 1.83 square inches per square foot (127 cm
2
/m
2
) of exterior pipe
surface area. Such pipe shall be wrapped with approved filter material to prevent
blocking of pipe perforations. The pipe loop shall be located inside of the exterior
perimeter foundation walls not more than 12 inches (305 mm) from the perimeter
foundation walls. In buildings where interior footings or other barriers separate
the sub-grade area, the loop of pipe shall penetrate or pass beneath such interior
footings or barriers. For slab areas greater than 2,000 square feet (186 m
2
) but less
than 4,000 square feet (372 m
2
), the preceding configuration may be used,
provided a minimum of 4 inch diameter (102 mm) pipe is installed. Slabs in
excess of 4,000 square feet (372 m
2
) shall have under them separate loops for
every additional 2,000 square feet (186 m
2
) of slab area when 3 inch (76 mm)
diameter pipe is used, or slabs may have separate loops provided for each
additional increment in area between 2,000 square feet (186 m
2
) and 4,000 square
feet (372 m
2
) when 4-inch (102 mm) diameter pipe is used.
3. A foundation drain soil gas collection mat system installed under concrete floor
slab areas of 2,000 square feet (186 m
2
) or less, consisting of a continuous
rectilinear loop of soil gas collection mat or drainage mat having minimum
dimensions of 1 inch in height by 12 inches in width (25.4 mm in height x 305
mm in width) and a nominal cross-sectional air flow area of 12 square inches
(0.0078 m
2
) may be laid on top of the sub-grade. The mat shall be constructed of a
matrix that allows for the movement of air through it and be capable of supporting
the concrete placed upon it. The matrix shall be covered by approved filter
material on all four sides to prevent dirt or concrete from entering the matrix. All
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Slabs larger than 2,000 square feet (186 m
2
) but less than 4,000 square feet (372
m
2
) shall have under them an additional strip of mat that bisects the loop forming
two areas approximately equally divided by the two halves of the rectilinear loop.
Slabs larger than 4,000 square feet (372 m
2
) shall have separate loops for each
2,000 (186 m
2
) square feet, or for each 4,000 square feet (372 m2) if a loop is
bisected as specified in the preceding configuration.
4. A uniform layer of sand (native or fill), a minimum of 4 inches (102 mm) thick,
overlain by a layer or strips of geo-textile drainage matting designed to allow the
lateral flow of soil gases.
5. Other materials, systems or floor designs with demonstrated capability to permit
depressurization across the entire sub-floor area.
1211.3.3 Entry routes. Potential radon entry routes shall be closed in accordance with
Sections 1211.3.4.1 through 1211.3.4.8
1211.3.3.1 Floor openings. Openings around bathtubs, showers, water closets, pipes,
wires or other objects that penetrate concrete slabs or other floor assemblies shall be
filled with a polyurethane caulk or equivalent sealant applied in accordance with the
manufacturer's recommendations.
1211.3.3.2 Concrete joints. All control joints, isolation joints, construction joints and
any other joints in concrete slabs or between slabs and foundation walls shall be sealed
with a caulk or sealant. Gaps and joints shall be cleared of loose material and filled with
polyurethane caulk or other elastomeric sealant applied in accordance with the
manufacturer's recommendations.
1211.3.3.3 Condensate drains. Condensate drains shall be trapped or routed through
non-perforated pipe to daylight.
1211.3.3.4 Sumps. Sump pits open to soil or serving as the termination point for sub-slab
or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid.
Sumps used as the suction point in a sub-slab depressurization system shall have a lid
designed to accommodate the vent pipe. Sumps used as a floor drain shall have a lid
equipped with a trapped inlet and view port.
1211.3.3.5 Foundation walls. Hollow block masonry foundation walls shall be
constructed with either a continuous course of solid masonry, one course of masonry
grouted solid, or a solid concrete beam at or above finished ground surface to prevent
passage of air from the interior of the wall into the living space. Where a brick veneer or
other masonry ledge is installed, the course immediately below that ledge shall be sealed.
Joints, cracks or other openings around all penetrations of both exterior and interior
surfaces of masonry block or wood foundation walls below the ground surface shall be
filled with polyurethane caulk or equivalent sealant. Penetrations of concrete walls shall
be filled.
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1211.3.3.6 Dampproofing. The exterior surfaces of portions of concrete and masonry
block walls below the ground surface shall be damp-proofed in accordance with Section
1805.
1211.3.3.7 Air-handling units. Air-handling units in crawl spaces shall be sealed to
prevent air from being drawn into the unit.
Exception: Units with gasketed seams or units that are otherwise sealed by the
manufacturer to prevent leakage.
1211.3.3.8 Ducts. Ductwork passing through or beneath a slab shall be of seamless
material unless the air-handling system is designed to maintain continuous positive
pressure within such ducting. Joints in such ductwork shall be sealed to prevent air
leakage. Ductwork located in crawl spaces shall have all seams and joints sealed by
closure systems in accordance with the International Mechanical Code.
1211.3.4 Sub-membrane depressurization system. In buildings with interior structural
floors directly above under-floor spaces containing exposed soil surfaces that are not
protected by a sub-slab depressurization system, the following components of sub-
membrane depressurization system shall be installed during construction.
Exception: Buildings in which an approved mechanical ventilation system complying
with Section 1203 or such other equivalent system that provides equivalent
depressurization across the entire sub-membrane area as determined by the building
official is installed in the under-floor spaces.
1211.3.4.1 Ventilation. Crawl spaces and similar under-floor spaces shall be provided
with ventilation complying with Section 1203.
1211.3.4.2 Soil-gas-retarder. The exposed soil in under-floor spaces shall be covered
with a continuous layer of soil-gas-retarder. Such groundcover joints shall overlap 6
inches (152 mm) and be sealed or taped. The edges of the groundcover shall extend a
minimum of 6 inches (152 mm) up onto all foundation walls enclosing the under-floor
space and shall be attached and sealed to foundation walls in an approved manner.
1211.3.4.3 Vent pipe riser. A plumbing tee or other approved connection shall be
inserted horizontally beneath the sheeting and connected to a 3- or 4-inch-diameter (76
mm or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent
pipe shall be extended up through the building floors, and shall terminate at least 12
inches (305 mm) above the roof in a location at least 10 feet (3.048 m) away from any
window or other opening into the conditioned spaces of the building at a point that is less
than 2 feet (0.610 m) below the exhaust point and 10 feet (3.048 m) from any window or
other opening in adjoining or adjacent buildings.
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1211.3.5 Sub-slab depressurization system. The following components of a sub-slab
depressurization system shall be installed during construction under basement or slab-on-
grade floors.
1211.3.5.1 Vent pipe riser. A minimum 3-inch-diameter (76 mm) ABS, PVC or
equivalent gas-tight pipe shall be embedded vertically into the sub-slab aggregate or other
permeable material before the slab is cast. A 'T' fitting or equivalent method shall be used
to ensure that the pipe opening remains within the sub-slab permeable material.
Alternatively, the 3-inch (76 mm) pipe shall be inserted directly into an interior perimeter
drain tile loop or through a sealed sump cover where the sump is exposed to the sub-slab
aggregate or connected to it through a drainage system.
All vent pipes shall be extended up through the building floors and shall terminate at least
12 inches (305 mm) above the surface of the roof in a location at least 10 feet (3.048 m)
away from any window, air intake, or other opening into the conditioned spaces of the
building at a point that is less than 2 feet (0.610 m) below the exhaust point, and 10 feet
(3.048 m) from any window or other opening in adjoining or adjacent buildings. The
discharge end of vent pipe terminations shall be unobstructed and protected from small
animal entry with a corrosion-resistant screen having openings between ¼ inch (6.4 mm)
and ½ inch (12.7 mm).
1211.3.5.2 Multiple vent pipes. In buildings where interior footings or other barriers
separate the sub-slab aggregate or other gas-permeable material, each area shall be fitted
with an individual vent pipe. Vent pipes shall connect to a single vent that terminates
above the roof or, in the alternative, each individual vent pipe shall terminate separately
above the roof.
1211.3.6 Vent pipe drainage. All components of the radon vent pipe system shall be
installed to provide positive drainage to the ground beneath the slab or soil-gas retarder.
1211.3.7 Vent pipe accessibility. Radon vent pipes shall be accessible for fan installation
through an attic or other area outside the habitable space.
Exception: The radon vent pipe need not be accessible in an attic space where an
approved roof-top electrical supply is provided.
1211.3.8 Vent pipe identification and notification. All exposed and visible interior
radon vent pipes shall be conspicuously identified with at least one label on each floor
and in attics provided with access openings. The label shall read substantially as follows:
Radon Reduction System. In addition to the preceding label, a notice shall be placed in a
conspicuous area near the vent pipe that includes the following statement:
“This radon reduction system is not required to be tested and is a 'passive' system,
relying entirely on natural ventilation. Occupants are advised to test for radon and take
remedial action as necessary by installing a continuously operating fan located in the
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vent pipe (access typically provided in the attic) and connected to the nearby provided
electrical outlet. Call 1-800-767-radon for more information.”
1211.3.9 Combination foundations. Combination basement/crawl space or slab-on-
grade/crawl space foundations shall have separate radon vent pipes installed in each type
of foundation area. Each radon vent pipe shall terminate above the roof or shall be
connected to a single vent that terminates above the roof.
1211.3.10 Building depressurization. Joints in air ducts and plenums in unconditioned
spaces shall be substantially air tight and permanently sealed with an approved sealant,
mastic, or other approved methods. Thermal envelope air infiltration requirements shall
comply with the energy conservation provisions in the energy conservation code
currently enacted by the City. Firestopping shall be in conformance with the most recent
general building code enacted by the City.
1211.3.11 Provisions for future depressurization fan installation. Permanent
provisions shall be made for the future installation of an in-line fan to be connected to
every radon vent pipe. Such designated fan locations shall be outside of the conditioned
envelope of the building, such as in the attic, garage and similar locations, excluding
crawl spaces and other interior under-floor spaces. Designated locations shall
accommodate an unobstructed permanent cylindrical space with the following minimum
dimensions: 12 inches (305 mm) measured radially around the radon vent pipe along a
vertical distance of 30 inches (760 mm). Designated fan locations shall be permanently
accessible for servicing and maintenance. An electrical circuit shall be provided within 4
feet (1.219 m) of and within sight from designated fan locations. Such circuit shall have a
means of positive disconnection and be terminated in an approved electrical outlet in
accordance with the applicable current electric code.
1211.3.11.1 Depressurization fan system activation. When a passive system
constructed in accordance with this code is to be converted to an active system, an
approved in-line fan shall be installed in a designated fan location as specified in Section
1211.11.1. Additionally, an approved permanent electric light fixture and in-line pipe
couplings that facilitate fan replacement shall be provided. The in-line fan shall be
designed to operate continuously for a period of not less than 5 years and have a
minimum air-flow rating as established by the building official. A readily accessible
manometer or other approved warning device that notifies occupants of a fan malfunction
by a visible or audible signal shall be installed within the dwelling unit.
(58) A new Section 1404.9.1 Vinyl siding on new buildings is hereby added to read as
follows:
1404.9 Vinyl siding. Vinyl siding shall be certified and labeled as conforming to the
requirements of ASTM D 3679 by an approved quality control agency.
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Section 1404.9.1 Vinyl siding on new buildings. Vinyl sidings on new buildings shall
be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both
the vertical and horizontal plane.
(59) A new Section 1404.12.3 Polypropylene siding on new buildings is hereby added to read
as follows:
1404.12 Polypropylene siding. Polypropylene siding shall be certified and labeled as
conforming to the requirements of ASTM D 7254 and those of Section 1404.12.1 or
1404.12.2 by an approved quality control agency. Polypropylene siding shall be installed
in accordance with the requirements of Section 1405.18 and in accordance with the
manufacturer’s installation instructions. Polypropylene siding shall be secured to the
building so as to provide weather protection for the exterior walls of the building.
1404.12.1 Flame spread index. The certification of the flame spread index shall be
accompanied by a test report stating that all portions of the test specimen ahead of the
flame front remained in position during the test in accordance with ASTM E 84 or UL
723.
1404.12.2 Fire separation distance. The fire separation distance between a building with
polypropylene siding and the adjacent building shall be no less than 10 feet (3048 mm).
1404.12.3 Polypropylene siding on new buildings. Polypropylene on new buildings
shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in
both the vertical and horizontal plane.
(60) A new Section 1405.13.2 Fenestration installation is added to read as follows:
. . .
1405.13.2 Fenestration installation. For all new construction and additions, all new
fenestration installations shall be in accordance with American Architectural
Manufacturers Association (AAMA) Standards/Specifications for Windows, Doors and
Skylights and shall be supervised and inspected by an individual certified as an
Installation Master by Architectural Testing, Inc. (ATI), or other nationally recognized
agency.
(61) Section 1503.4 Roof drainage is hereby retained in its entirety with the following
amendments:
1503.4 Roof drainage. All buildings shall have a controlled method of water disposal
from roofs that will collect and discharge roof drainage to the ground surface at least 5
feet (1524 mm) from foundation walls or to an approved drainage system. Design and
installation of roof drainage systems shall comply with Section 1503 of this code and
Sections 1106 and 1108, as applicable, of and the International Plumbing Code.
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. . .
(62) Section 1503.6 Crickets and saddles is hereby retained in its entirety with the following
amendment to add a new exception number two:
1503.6 Crickets and saddles. A cricket or saddle shall be installed on the ridge side of
any chimney or penetration greater than 30 inches (762 mm) wide as measured
perpendicular to the slope. Cricket or saddle coverings shall be sheet metal or of the same
material as the roof covering.
Exceptions:
1. Unit skylights installed in accordance with Section 2405.5 and flashed in
accordance with the manufacturer’s instructions shall be permitted to be installed
without a cricket or saddle.
2. Re-roofing.
(63) Section 1505.1 General is hereby deleted in its entirety and the following is hereby
added in lieu thereof:
1505.1 New Construction. The roof-covering classification on any new structure
regulated by this code shall be Class A.
Exceptions:
1. Noncombustible roof coverings as defined in Section 1507.3, 1507.4, 1507.5 may
be applied in accordance with the manufacturer's specifications in place of a fire-
retardant roofing assembly.
2. Any Class B or Class C roof covering may be applied on any new construction
that is added to an existing building classified as a Group R, Division 3
Occupancy, provided the roof extremities of such existing building and new
construction are located a minimum distance of 5 feet from the nearest adjacent
property line and are a minimum distance of 10 feet from any other building.
3. Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
(64) Table 1505.1, Minimum Roof Covering Classifications for Types of Construction, is
hereby deleted in its entirety.
(65) Section 1507.2.1 Deck requirements is hereby retained in its entirety with the following
amendments :
1507.2.1 Deck Requirements. Asphalt shingles shall be fastened to solidly sheathed
decks. Gaps in the solidly sheathed or plank decking shall not exceed 1/8 inch.
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(66) A new Section 1507.2.9.4 Sidewall flashing is hereby added to read as follows:
1507.2.9.4 Sidewall flashing. Flashing against a vertical sidewall shall be by the step-
flashing method. The flashing shall be a minimum of 4 inches (102 mm) high and 4
inches (102 mm) wide. At the end of the vertical sidewall the step flashing shall be turned
out in a manner that directs water away from the wall and onto the roof and/or gutter.
Exception: Re-roofing where step flashing would require removal of siding material,
provided adequate flashing is installed.
(67) A new Section 1507.2.9.5 Other flashing is hereby added to read as follows:
1507.2.9.5 Other flashing. Flashing against a vertical front wall, as well as soil stack,
vent pipe and chimney flashing shall be applied according to the asphalt shingle
manufacturer’s printed instructions.
(68) Section 1511.1 General is hereby retained in its entirety with the following amendment
adding two paragraphs at the end after the Exceptions, to read as follows:
. . .
No portion of an existing nonrated roof covering may be permanently replaced or
covered with more than one square of nonrated roof covering.
Any existing roof covering system may be replaced with a roof covering of the same
materials and classification, provided the replacement roof covering has a minimum
rating of Class C.
(69) A new Section 1608.2.1 Roof snow load, is hereby added to read as follows;
1608.2.1 Roof Snow Loads. Roof snow loads shall be a minimum of 30 psf.
(70) Section 1609.3 Ultimate design wind speed is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
1609.3 Basic wind speed. The basic wind speed, in mph, for the determination of the
wind loads shall be 100 miles per hour (161 kph) Vasd or 129 miles per hour (208 kph)
Vult.
(71) A new Section 1804.3.1 Final Grading is hereby added to read as follows:
1804.3.1 Final Grading. Final grading adjacent to the foundation and above utility
trenches shall be compacted sufficiently and in such a manner that it is not undermined or
subject to significant settlement or displacement due to improper placement of backfill.
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(72) Section 2406.4.7 Glazing adjacent to the bottom stair landing is hereby retained in its
entirety with the following amendments:
2406.4.7 Glazing adjacent to stair landings. Glazing adjacent to the stair landings
where the glazing is less than 36 inches ( 914 mm) above the landing and within 60
inches (1524 mm) horizontally of the top or bottom tread shall be considered a
hazardous location.
Exception: The glazing is protected by a guard complying with Sections 1013 and
1607.8 where the plane of the glass is more than 18 inches (457 mm) from the guard.
(73) A new Section 2902.1.3 Touch-free toilet facilities is hereby added to read as follows:
2902.1.3 Touch-free toilet facilities. Toilet facilities installed for occupancies associated
with food preparation or food service to the public shall be provided with:
1. Automatic touch-free water control valves on lavatories.
2. Automatic touch-free paper towel dispensers.
3. Toilet facilities exit doors that allow exiting without requiring touching by hand
of any door hardware such as knobs, levers, sliding bolts, latches and similar
devices.
Exception: Toilet facilities designed as a single occupant use may be provided with exit
door locking hardware to afford privacy, doors may swing inward or outward.
(74) Section 2902.2 Separate facilities is hereby retained in its entirety with the following
amendments:
2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall
be provided for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total
occupant load, including both employees and customers, of 30 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the
maximum occupant load is 100 or less.
4. Multiple single-user Unisex facilities may be used provided that the total fixture
count as calculated per 2902.1 is satisfied.
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(75) Section 2902.3.1 Access is hereby retained in its entirety with the following amendments:
2902.3.1 Access. The route to the public toilet facilities required by Section 2902.3 shall
not pass through kitchens, storage rooms, closets, or spaces used for similar purposes. A
clearly signed unobstructed access path shall be provided, leading directly from the
public customer area to the toilet facilities. Access to the required facilities shall be from
within the building or from the exterior of the building. Routes shall comply with the
accessibility section of this code. The public shall have access to the required toilet
facilities at all times that the building is occupied and without the need to ask for
permission to use the toilet facilities.
(76) Section 3109 Swimming pool enclosures and safety devices is hereby deleted in its
entirety and the following is hereby added in lieu thereof:
SECTION 3109
BARRIER REQUIREMENTS
3109.1 General.
The provisions of this Section shall apply to the design of barriers for pools and spas.
These design controls are intended to provide protection against the potential drowning
and near drowning by restricting access to such pools or spas. These requirements
provide an integrated level of protection against potential drowning through the use of
physical barriers and warning devices.
Exceptions:
1. Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346.
2. Swimming pools with a powered safety cover that complies with ASTM F 1346.
3109.2 Outdoor swimming pools and spas.
Outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that
complies with Sections 3109.2.1 through 3109.7.
3109.2.1 Barrier height and clearances.
Barrier heights and clearances shall be in accordance with all of the following:
1. The top of the barrier shall be not less than 48 inches (1219 mm) above grade
where measured on the side of the barrier that faces away from the pool or spa.
Such height shall exist around the entire perimeter of the barrier and for a distance
of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
2. The vertical clearance between grade and the bottom of the barrier shall not
exceed 2 inches (51 mm) for grade surfaces that are not solid, such as grass or
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gravel, where measured on the side of the barrier that faces away from the pool or
spa.
3. The vertical clearance between a surface below the barrier to a solid surface, such
as concrete, and the bottom of the required barrier shall not exceed 4 inches (102
mm) where measured on the side of the required barrier that faces away from the
pool or spa.
4. Where the top of the pool or spa structure is above grade, the barrier shall be
installed on grade or shall be mounted on top of the pool or spa structure. Where
the barrier is mounted on the top of the pool or spa, the vertical clearance between
the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches
(102 mm).
3109.2.2 Openings.
Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
3109.2.3 Solid barrier surfaces.
Solid barriers that do not have openings shall not contain indentations or protrusions that
form handholds and footholds, except for normal construction tolerances and tooled
masonry joints.
3109.2.4 Mesh fence as a barrier.
Mesh fences, other than chain link fences in accordance with Section 3109.2.7, shall be
installed in accordance with the manufacturer’s instructions and shall comply with the
following:
1. The bottom of the mesh fence shall be not more than 1 inch (25 mm) above the
deck or installed surface or grade.
2. The maximum vertical clearance from the bottom of the mesh fence and the solid
surface shall not permit the fence to be lifted more than 4 inches (102 mm) from
grade or decking.
3. The fence shall be designed and constructed so that it does not allow passage of a
4-inch (102 mm) sphere under any mesh panel. The maximum vertical clearance
from the bottom of the mesh fence and the solid surface shall not be more than 4
inches (102 mm) from grade or decking.
4. An attachment device shall attach each barrier section at a height not lower than
45 inches (1143 mm) above grade. Common attachment devices include, but are
not limited to, devices that provide the security equal to or greater than that of a
hook-and-eye type latch incorporating a spring-actuated retaining lever such as a
safety gate hook.
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5. Where a hinged gate is used with a mesh fence, the gate shall comply with
Section 3109.3.
6. Patio deck sleeves such as vertical post receptacles that are placed inside the patio
surface shall be of a nonconductive material.
7. Mesh fences shall not be installed on top of on ground residential pools.
3109.2.5 Closely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches (1143 mm), the
horizontal members shall be located on the pool or spa side of the fence. Spacing between
vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1
3/4 inches (44 mm) in width.
3109.2.6 Widely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing
between vertical members shall not exceed 4 inches (102 mm). Where there are
decorative cutouts within vertical members, the interior width of the cutouts shall not
exceed 13/4 inches (44 mm).
3109.2.7 Chain link dimensions.
The maximum opening formed by a chain link fence shall be not more than 1 3/4 inches
(44 mm). Where the fence is provided with slats fastened at the top and bottom which
reduce the openings, such openings shall be not more than 1 3/4 inches (44 mm).
3109.2.8 Diagonal members.
Where the barrier is composed of diagonal members, the maximum opening formed by
the diagonal members shall be not more than1 3/4 inches (44 mm). The angle of diagonal
members shall be not greater than 45 degrees (0.79 rad) from vertical.
3109.2.9 Clear zone.
There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of
the barrier and any permanent structures or equipment such as pumps, filters and heaters
that can be used to climb the barrier.
3109.2.10 Poolside barrier setbacks.
The pool or spa side of the required barrier shall be not less than 20 inches (508 mm)
from the water’s edge.
3109.3 Gates.
Access gates shall comply with the requirements of Sections 3109.3.1 through 3109.3.3
and shall be equipped to accommodate a locking device. Pedestrian access gates shall
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open outward away from the pool or spa, shall be self-closing and shall have a self-
latching device.
3109.3.1 Utility or service gates.
Gates not intended for pedestrian use, such as utility or service gates, shall remain locked
when not in use.
3109.3.2 Double or multiple gates.
Double gates or multiple gates shall have at least one leaf secured in place and the
adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not
have openings larger than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the latch
release mechanism. The self-latching device shall comply with the requirements of
Section 305.3.3.
3109.3.3 Latches.
Where the release mechanism of the self-latching device is located less than 54 inches
(1372 mm) from grade, the release mechanism shall be located on the pool or spa side of
the gate not less than 3 inches (76 mm) below the top of the gate, and the gate and barrier
shall not have openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of
the release mechanism.
3109.4 Structure wall as a barrier.
Where a wall of a dwelling or structure serves as part of the barrier and where doors or
windows provide direct access to the pool or spa through that wall, one of the following
shall be required:
1. Operable windows having a sill height of less than 48 inches (1219 mm) above
the indoor finished floor and doors shall have an alarm that produces an audible
warning when the window, door or their screens are opened. The alarm shall be
listed and labeled as a water hazard entrance alarm in accordance with UL 2017.
In dwellings or structures not required to be Accessible units, Type A units or
Type B units, the operable parts of the alarm deactivation switches shall be
located 54 inches (1372 mm) or more above the finished floor. In dwellings or
structures required to be Accessible units, Type A units or Type B units, the
operable parts of the alarm deactivation switches shall be located not greater than
54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished
floor.
2. A safety cover that is listed and labeled in accordance with ASTM F 1346 is
installed for the pools and spas.
3. An approved means of protection, such as self-closing doors with self-latching
devices, is provided. Such means of protection shall provide a degree of
protection that is not less than the protection afforded by Item 1 or 2.
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3109.5 On ground residential pool structure as a barrier.
An on ground residential pool wall structure or a barrier mounted on top of an on ground
residential pool wall structure shall serve as a barrier where all of the following
conditions are present:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 48 inches (1219 mm) above grade for the entire
perimeter of the pool, the wall complies with the requirements of Section 3109.2
and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not
less than 48 inches (1219 mm) above grade for the entire perimeter of the pool,
and the wall and the barrier on top of the wall comply with the requirements of
Section 3109.2.
3. Ladders or steps used as means of access to the pool are capable of being secured,
locked or removed to prevent access except where the ladder or steps are
surrounded by a barrier that meets the requirements of Section 3109.5.
4. Openings created by the securing, locking or removal of ladders and steps do not
allow the passage of a 4inch (102 mm) diameter sphere.
5. Barriers that are mounted on top of on ground residential pool walls are installed
in accordance with the pool manufacturer’s instructions.
3109.6 Natural barriers.
In the case where the pool or spa area abuts the edge of a lake or other natural body of
water, public access is not permitted or allowed along the shoreline, and required barriers
extend to and beyond the water’s edge not less than 18 inches (457 mm), a barrier is not
required between the natural body of water shoreline and the pool or spa.
3109.7 Natural topography.
Natural topography that prevents direct access to the pool or spa area shall include but
not be limited to mountains and natural rock formations. A natural barrier as approved by
the building official shall be acceptable provided that the degree of protection is not less
than the protection afforded by the requirements of Sections 3109.2 through 3109.5.
3109.8 Entrapment avoidance.
Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
3109.9 Barriers around decorative pools, fountains, and ponds.
Decorative pools, fountains, and ponds that can contain water deeper than 24 inches (610
mm), shall be protected by barriers installed in accordance with Section 3109.
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(77) Chapter 35 Referenced Standards is hereby amended to add, in alphabetical order, the
following additional referenced standards:
. . .
CDPH California Department of Public Health
1615 Capitol Avenue
Sacramento, CA 95814
CDPH 01350
Standard Method for Testing VOC emissions from indoor sources
Referenced in Amended 12 IBC Section 3603.2 Low-volatile organic
compound (VOC) materials
. . .
FSC Forest Stewardship Council U.S. (FSC-US)
212 Third Avenue North, Suite 504
Minneapolis, MN 55401
. . .
GEI GREENGUARD Environmental Institute
2211 Newmarket Parkway, Suite 110
Marietta, GA 30067
GGPS.001.GREENGUARD IAQ Standard for Building Materials, Finishes and
Furnishings
Referenced in Amended 12 IBC Section 3603.2 Low-volatile organic
compound (VOC) materials
Green Seal®
1001 Connecticut Avenue, NW
Suite 827
Washington, DC 20036-5525
GS-11 Paintings and Coatings
GS-43 Recycled Content Latex Paints
Referenced in Amended 12 IBC Section 3603.2
Low-volatile organic compound (VOC) materials
. . .
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(78) A new Chapter 36 Sustainable Building Construction Practices is hereby added to read
as follows:
Chapter 36 Sustainable Building Construction Practices
3601 General
3601.1 Scope. The provisions of this chapter shall govern sustainable building
construction practices for new construction and additions and remodels over 5,000 square
feet that require a building permit, unless otherwise noted.
3602 Resource Efficiency
3602.1 Construction waste management. For new buildings and additions over 2,500
square feet or remodels over 2,500 square feet, a construction waste management plan
acceptable to the building official that includes recycling of concrete and masonry, wood,
metals and cardboard, is required at the time of application for a building permit. The
construction waste management plan shall be implemented and conspicuously posted on
the construction site. Compliance shall be certified by the hauler through receipts and
signed affidavits. Substantive changes to the plan shall be subject to prior approval by the
building official.
3602.1.1 Building demolitions. Buildings or portions of buildings that are removed shall
be processed in such a way as to safely remove all asbestos and lead paint contaminants.
All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be
recycled, and where possible, all remaining materials, such as doors, windows, cabinets,
fixtures, and wood, shall be recycled. A construction waste management plan shall be
submitted at time of demolition permit. Compliance shall be certified by the hauler
through receipts and signed affidavits.
3603 Indoor Environmental Quality (IEQ)
3603.1 Indoor Air Quality (IAQ)
3603.1.1 Heating, Ventilating, and Air Conditioning Design. Prior to and during
construction, reasonable efforts shall be made to minimize the release of particulates and
accumulation of debris, and the specific requirements of this Section shall apply.
3603.1.1.1 Air handling system access. The arrangement and location of air handling
system components including, but not limited to, air handler units, fans, coils and
condensate pans, shall allow access for cleaning and repair of the air handling surfaces of
such components. Piping, conduits, and other building components shall not be located
so as to obstruct the required access.
3603.1.1.2 Durability of air handling surfaces. Surfaces exposed to airflow within air
handling systems shall be constructed of materials that are resistant to deterioration and
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will not break away, crack, peel, flake off, or show evidence of delamination or continued
erosion when tested in accordance with the erosion test in UL 181.
3603.1.1.3 Airstream surfaces. Materials exposed to airflow within ducts, within air
plenums, or on top of suspended ceilings, shall not break away, crack, peel, flake off, or
show evidence of delamination or continued erosion when tested in accordance with the
erosion test in UL 181.
3603.1.2 New Building and first time completed tenant finish spaces pollutant flush-
out. After all interior finishes are installed, the building or space shall be flushed out by
ventilating at a minimum rate of 0.30 cfm per ft
2
of outside air or the design outdoor
airflow rate determined from the IMC, whichever is greater, for at least 14 days while
maintaining an internal temperature of at least 60°F, and relative humidity not higher
than 60 percent. Occupancy shall be permitted to start 1 day after start of the flush-out,
provided that flush-out continues for the full 14 days. The building or space shall not be
“baked out” by increasing the temperature of the space above the occupied set point.
Where continuous ventilation is not possible, the aggregate of flush-out periods shall be
equivalent to 14 days of continuous ventilation.
Exception: All residential buildings.
3603.2 Low-volatile organic compound (VOC) materials. All construction materials,
including but not limited to floor coverings and site-applied finishes, including sealants
and adhesives, resilient flooring, carpeting and pad, site-applied paints, stains and
varnishes, structural wood panels, hardwood veneer plywood, particle board and fiber
board building products, and insulation shall meet specified volatile organic compound
(VOC) emissions limits in accordance with relevant standards California Department of
Public Health (CDPH) 01350; GREENGUARD Environmental Institute GGPS.001
standard for building materials and finishes, and Green Seal® standards. Documentation
demonstrating compliance shall be required with delivery of such materials and shall be
available for inspection.
Exception: For alterations to existing buildings, carpeting and pad, structural wood
panels, hardwood, veneer plywood, particle board and fiber board building products and
insulation are not subject to this requirement.
3603.3 Acoustical control. Minimum requirements for exterior-to-interior sound
transmission, interior sound transmission, and background sound levels in new
construction and additions, except as noted hereunder, shall be provided as specified
herein.
3603.3.1 Sound transmission. Buildings and tenant spaces shall comply with the
following sound transmission requirements:
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Exceptions:
1. Portions of buildings or structures that have the interior environment open to the
exterior environment.
2. Concession stands and toilet facilities in Group A-4 and A-5 occupancies.
3603.3.1.1 Exterior sound transmission. Where a Group A1, A3, E and I occupancy
building, a Group B occupancy building used for educational purposes, or a Group R
occupancy building is constructed at a location listed herein, the wall assemblies making
up the building thermal envelope shall have a composite sound transmission class (STCc)
rating of 39 or greater in the following locations:
1. within 500 feet (152 m) of a multi-lane highway designed for high-speed travel
by large numbers of vehicles, and having no traffic lights, stop signs, or other
regulations requiring vehicles to stop; fire stations; heavy industrial or
manufacturing areas or facilities; commercial storage facilities with back-up
alarms; outdoor music amphitheaters; or sports arena or stadium;
2. within 250 feet (76 m) of a roadway containing 4 or more traffic lanes; or
3. within 1,000 feet (305 m) of an active railway.
3603.3.1.2 Interior sound transmission. Interior wall and floor/ceiling assemblies,
separating interior rooms and spaces shall be designed in accordance with the following
requirements:
1. Wall and floor-ceiling assemblies separating adjacent tenant spaces, tenant spaces
and public places, hotel rooms, motel rooms, patient rooms in nursing homes and
hospitals, and adjoining classrooms shall have a composite STC rating of 50 or
greater.
2. Wall and floor-ceiling assemblies separating classrooms from rest rooms and
showers shall have a composite STC rating of 53 or greater.
3. Wall and floor-ceiling assemblies separating classrooms from music rooms,
mechanical rooms, cafeterias, gymnasiums, and indoor swimming pools shall
have a composite STC rating of 60 or greater.
Exception: Residential Group R occupancies addressed in Section 1207 of this
code.
3603.3.1.3 Background Sound. The average background sound levels within
unoccupied rooms (from heating, ventilating and air conditioning and other building
systems) shall be below the maximum A-weighted sound level for specific occupancies
from Table 3603 below. This shall be confirmed by spot checks.
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Table 3603 Maximum Allowable Background Sound in Rooms
Occupancy Maximum
A-
weighted
sound
level
(dBa)
Small auditoriums (≤500 seats) 39
Large auditoriums, large live indoor theaters, and large churches (for very
good speech articulation) (>500 seats)
35
TV and broadcast studios (close microphone pickup only) 35
Small live indoor theaters (≤ 500 seats) 35
Private residences:
Bedrooms
Apartments
Family rooms and living rooms
39
48
48
Schools:
Lecture and classrooms
Core learning space with enclosed volume ≤ 20,000 cu ft (<566 cu m)
Core learning space with enclosed volume > 20,000 cu ft (>566 cu m)
Open-plan classrooms
35
40
35
Hotels/motels:
Individual rooms or suites
Meeting/banquet rooms
Service support areas
44
44
57
Office buildings:
Offices
executive
small, private
large, with conference tables
Conference rooms
Large
Small
Open-plan areas
Business machines, computers
Public circulation
44
48
44
39
44
48
53
57
Hospitals and clinics
Private rooms
Wards
Operating rooms
Laboratories
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3603.3.1.4 Outdoor Environmental Quality (OEQ)
3603.3.1.4 Exterior lighting. All building mounted exterior lighting fixtures associated
with new buildings shall have the “Fixture Seal of Approval” from the International
Dark-Sky Association (IDA) or, meet equivalent criteria approved by the Building
Official. Lighting placement shall conform to IDA Model Lighting Ordinance for
Lighting Zone LZ-1. Light shall be shielded such that the lamp itself or the lamp image is
not directly visible outside the property perimeter. Exterior lighting associated with
existing buildings shall comply with the Land Use Code as adopted.
3604 Commissioning, Operations & Maintenance
3604.1 Building commissioning. For new completed and fully occupied buildings or
first time completed tenant finish spaces both with a gross floor area of greater than
15,000 ft
2
(1,395 m
2
) and additions with a gross floor area of greater than 15,000 ft
2
(1,395 m
2
), commissioning shall be performed in accordance with this Section. A
commissioning process shall be incorporated into the design and construction of the
building project that verifies that the delivered building and its components, assemblies,
and systems comply with the documented owner project requirements (OPR).
Procedures, documentation, tools and training shall be provided to the building operating
staff to sustain features of the building assemblies and systems for the service life of the
building. This material shall be assembled and organized into a systems manual that
provides necessary information to the building operating staff to operate and maintain all
commissioned systems identified with the building project. The owner shall retain the
system manual and final commissioning report described below. The final
commissioning report shall be made available to the building official upon request.
The following commissioning activities shall be completed prior to approval:
1. The owner shall designate an approved project commissioning authority (CxA) to
lead, review, and oversee completion of the commissioning process activities.
2. The owner, in conjunction with the design team as necessary, shall develop the
owner’s project requirements (OPR) to guide the CxA. The OPR shall be
distributed to all parties participating in the project programming, design,
construction, and operations, and the commissioning team members.
3. The design team shall develop the basis of design (BOD).
4. The CxA shall:
a. review the both the OPR and BOD for clarity and completeness,
b. incorporate construction phase commissioning requirements into project
specifications and other construction documents developed by the design
team,
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c. develop and implement a commissioning plan containing all required
forms and procedures for the complete testing of all equipment, systems,
and controls included in Section 3604.1.1,
d. verify the installation and performance of the systems to be commissioned,
e. complete a final commissioning report satisfactory to the building official,
f. verify the owner requirements for training operating personnel and
building occupants are completed, and
g. verify that a system manual in a form satisfactory to the building official
has been prepared. At a minimum, the system manual shall include
operations and maintenance documentation and full warranty information,
and shall provide operating staff the information needed to understand and
operate the commissioned systems as designed.
Core and shell buildings or spaces not completed shall be commissioned to the extent
possible but not less than completing items 1, 2, and 3 in Section 3604.1.1 below.
3604.1.1 Systems. The following systems, if included in the building project, shall be
commissioned:
1. heating, ventilating, air-conditioning, indoor-air-quality, and refrigeration systems
and associated controls;
2. building thermal envelope systems, components, and assemblies to verify thermal,
air, and moisture integrity;
3. all lighting controls and shading controls;
4. service water heating systems;
5. renewable energy systems;
6. background sound levels;
7. cooling towers water use.
(79) Appendix C GROUP U AGRICULTURAL BUILDINGS is adopted in its entirety.
(80) Appendix E SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS, is adopted in
its entirety.
(81) Appendix I PATIO COVERS is adopted in its entirety.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 073, 2017,
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE II, DIVISION 2, OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2012
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AND ADOPTING THE
2015 INTERNATIONALENERGY CONSERVATION CODE, WITH AMENDMENTS
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest
nationally recognized building standards available for the times; and
WHEREAS, upon recommendation of City staff, the City Council has determined that it
is in the best interests of the City to align the five interconnected basic construction codes under
one publication year; and
WHEREAS, the five interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, and International Energy Conservation Code; and
WHEREAS, the City Council has determined that the 2015 publication year of the five
interconnected basic construction codes ought to be adopted and that their counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2015 publications contain improvements in construction code regulation;
and
WHEREAS, City staff has conducted a significant public outreach program, working
with the regulated construction industry and building professionals; and
WHEREAS, the adoption of the five interconnected basic construction codes has been
presented to and recommended by the Affordable Housing Board, the Commission on Disability,
the Air Quality Advisory Board, the Natural Resources Advisory Board, the Building Review
Board, the Electric Board, the Landmark Preservation Commission and the Water Board; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its citizens that the 2012 International Energy Conservation
Code, as adopted and amended by the City pursuant to Ordinance No. 019, 2014, be repealed,
and that in its place, the 2015 International Energy Conservation Code be adopted, with local
amendments; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International Energy
Conservation Code on May 21, 2017, and May 28, 2017; and
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WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated May 14, 2017, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 5-26(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(c) Pursuant to the power and authority conferred on the City Council by Section 31-
16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals
the 2012 International Energy Conservation Code (2012 IECC), and adopts, as the
energy conservation code of the City, the 2015 International Energy Conservation Code
(2015 IECC) published by the International Code Council, as amended by the City,
which shall have the same force and effect as though set forth in full herein, except as
amended pursuant to Section 5-31 of the City Code, and which shall apply exclusively to
the design and construction of all buildings that are classified as residential buildings not
more than three (3) stories above grade and their systems; new portions of such existing
buildings and their systems; and new systems and equipment in such existing buildings,
exclusive of detached one- and two-family dwellings, multiple single-family dwellings
(townhouses), for the purpose of establishing minimum requirements for minimum
energy efficiency. None of the 2015 International Energy Conservation Code
Appendices are hereby adopted.
Section 2. That Section 5-31 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 5-31. Amendments and deletions to the 2015 International Energy Conservation
Code
The 20125 INTERNATIONAL ENERGY CONSERVATION CODE adopted in § 5-26(c) is hereby
amended in the following respects:
(1) Section C101.1 Title is hereby retained in its entirety with the following amendments:
C101.1 Title. This code shall be known as the International Energy Conservation Code
of the City of Fort Collins and shall be cited as such. It is referred to herein as “this
code.”
(2) Section C101.4 Applicability is hereby retained in its entirety with the following
amendments:
. . .
Information contained in the amended Commercial Sections: C101.1 Title; C103.6
Permits; C107 Fees; C109 Board of Appeals; C110 Violations; C110.2 Work
commencing before permit issuance; C202 Definitions; C301.4 Exterior and Interior
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design parameters; C402.2 Specific insulation requirements, shall be applicable to the
corresponding Residential Sections and shall have the same meaning.
(3) A new Section C101.4.2 Energy assessment is hereby added to read as follows:
C101.4.2 Energy assessment. Prior to any alterations, an energy assessment shall be
completed and submitted to the building official.
Exceptions: Energy assessments are not required in the following cases.
1. Buildings for which the first Certificate of Occupancy was issued after October
2010.
2. First-time interior finishes.
3. A building that has undergone an energy assessment within the previous three
years.
4. Alterations to the HVAC, lighting, power, and exterior walls systems, or
replacement of such with a construction valuation of less than $50,000.
5. Residential buildings.
(4) A new Section C103.6 Permits is hereby added to read as follows:
C103.6 Permits. Procedures related to permits, required inspections, payment of fees and
obtaining required approvals shall be as set forth in Section 105 of the adopted
International Building Code, entitled ‘Permits’.
(5) Section C107 Fees is hereby deleted and replaced in its entirety and the following is
hereby added in lieu thereof:
C107 Fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled “Fees.”
(6) Section C109 Board of Appeals is hereby deleted and replaced in its entirety and the
following is hereby added in lieu thereof:
C109 Appeals. Appeals of decisions, determinations and interpretations of this code
shall be made pursuant to the applicable provisions of Section 113 of the adopted
International Building Code, entitled “Board of Appeals.”
(7) A new Section C110 Violations is hereby added to read as follows:
C110.1 Violations. Any person who violates a provision of this code or fails to comply
with any of the requirements thereof or who erects, constructs, alters or repairs a building
or structure in violation of the approved construction documents or directive of the
building official, or of a permit or certificate issued under the provisions of this code,
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shall be guilty of a misdemeanor and shall be subject to the penalties and fines specified
in Section 1-15 of the City Code.
(8) A new Section C110.2 Work commencing before permit issuance is hereby added to
read as follows:
C110.2 Work commencing before permit issuance. In addition to the penalties set
forth in Section 110.1, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more
than $1,000 for the first such violation. A person or firm committing the same such
violation repeatedly shall be subject to a fine equal to double the amount of the permit fee
or double the amount of the fee imposed for the preceding violation, whichever is greater,
for every such subsequent violation committed within 180 days of a previous violation.
Said fines may be appealed to the City Manager pursuant to Chapter 2, Article VI of the
City Code.
(9) Section C202 DEFINITIONS, is hereby amended by adding, in alphabetical order, the
following definitions:
CONTINUOUS AIR BARRIER: The combination of interconnected materials,
assemblies, and flexible sealed joints and components of the building thermal envelope
that provides air tightness to a specified permeability.
ELECTRIC HEAT: An indoor environmental primary heat source that is electric. A
ground-source electric heat pump designed by a licensed professional engineer shall not
be considered electric heat.
NON-ELECTRIC HEAT: An indoor environmental primary heat source that is gas or
that is a ground-source electric heat pump designed by a licensed professional engineer to
operate without the use of supplemental electric resistance heat.
(10) A new Section C301.5 Exterior and Interior Local Design Parameters is hereby added
to read as follows:
Exterior and Interior Local Design Parameters.
Winter Outdoor, Design Dry-bulb (
o
F) = 6
Winter Indoor, Design Dry-bulb (
o
F) = 72
Summer, Outdoor Design Dry-bulb (
o
F) = 90
Summer, Indoor Design Dry-bulb (
o
F) = 75
Summer, Outdoor Design Wet-bulb (
o
F) = 62
Summer, Indoor Design Wet-bulb (
o
F) = 62
Degree Days heating = 5710
Degree days cooling = 694
Fort Collins is in Climate Zone 5.
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(11) Section C402.1.3 Insulation component R-value-based method is hereby retained in its
entirety with the following amendments:
. . .
Exception: For buildings using electric heat at the power density of 1.5 Watts per square
foot or greater, the building thermal envelope values in Table C402.1.5 shall be
mandatory.
(12) Section C402.1.4 Assembly U-factor, C-factor or F-factor-based method is hereby
retained in its entirety with the following amendments:
. . .
Exception: For buildings using electric heat at the power density of 1.5 Watts per square
foot or greater, the building thermal envelope values in Table C402.1.5 shall be
mandatory.
(13) Table C402.1.5 Building thermal envelope is hereby added to read as follows:
TABLE C402.1.5 (Mandatory)
BUILDING THERMAL ENVELOPE REQUIREMENTS FOR ELECTRIC HEAT
Opaque Elements Assembly Max.
Insulation Min. R-
Value
Roofs
Insulation Entirely above Deck
Metal Building
Attic and Other
U-0.039
U-0.035
U-0.021
R-30.0 ci
R-19.0 + R-11.0 Ls
R-49.0
Walls, Above Grade
Massa
Metal Building
Steel Framed
Wood Framed and Other
U-0.080
U-0.052
U-0.055
U-0.051
R-13.3 ci
R-13.0 + R-13.0 ci
R-13.0 + R-10.0 ci
R-13.0 + R-7.5 ci
Wall, Below Grade
U-0.092 R-10.0 ci
Floors
Mass
Steel Joist
Wood Framed and Other
U-0.064
U-0.026
U-0.032
R-12.5 ci
R-30.0 + R-7.5 ci
R-38.0
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Slab-On-Grade Floors
Unheated
Heated
F-0.540
F-0.440
R-10 for 24 in.
R-15.0 for 36 in. + R-5
ci below
Opaque Doors
Swinging
Non-Swinging
U-0.37
U-0.37
The following definitions apply: ci = continuous insulation, Ls = liner system, NR = No (insulation) requirement.
a Mass walls with a heat capacity greater than 12 Btu/ft2∙oF which are unfinished or finished only on the interior do not need to be insulated.
b Nonmetal framing includes framing materials other than metal with or without metal reinforcing or cladding.
c Metal framing includes metal framing with or without thermal break. The “all other” subcategory includes operable windows, fixed windows,
and non-entrance doors.
(14) Section C402.2 Specific building thermal envelope insulation requirements
(Prescriptive) is hereby retained in its entirety with the following amendments:
C402.2 Specific building thermal envelope insulation requirements (Mandatory).
Insulation in building thermal envelope opaque assemblies shall comply with Sections
C402.2.1 through C402.2.6 and Table C402.1.3. In addition to the requirements of
Section C402.1, insulation shall meet the specific requirements of Sections C402.2.1
through C402.2.6. All insulation shall be installed to meet Residential Energy Services
Network (RESNET) Grade I standard.
Exception: RESNET Grade II is acceptable for cavity insulation in exterior walls that
include continuous rigid insulating sheathing and/or insulated siding with a minimum R-
value of 5, and rim joists.
(15) A new Section C402.2.3.1 Thermal resistance of below-grade walls is hereby added to
read as follows:
C402.2.3.1 Thermal resistance of below-grade walls. The minimum thermal resistance
(R-value) of the insulating material installed in, or continuously on, the below-grade
walls shall be R-10 and shall extend to a depth of 10 feet (3,048 mm) below the outside
finish ground level, or to the level of the floor, whichever is less.
(16) Sections C402.5 Air leakage-thermal envelope (Mandatory), C402.5.1 Air Barriers,
C402.5.1.1 Air barrier construction, C402.5.1.2 Air barrier compliance options, and
C402.5.1.2.1 Materials, C402.5.1.2.2 Assemblies, are hereby deleted and replaced in
their entirety and the following is hereby added in lieu thereof:
Fenestration Assembly Max. U
Vertical Fenestration, (up to 40% of Wall maximum)
Nonmetal framing: allb
Metal fr: curtainwall/stonefrontc
Metal framing: entrance doorc
Metal framing: all otherc
U-0.25
U-0.35
U-0.70
U-0.45
Skylight (up to 3% of Roof maximum)
SHGC
Uall-0.50
U-0.40
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Section C402.5 Air leakage-thermal envelope (Mandatory). The building thermal
envelope shall be designed and constructed with a continuous air barrier that complies
with the following requirements to control air leakage into, or out of, the conditioned
space. The boundary limits and size of the surface area (floor, wall, and ceiling or roof)
of the building air barrier, and of the zone or zones to be tested for maximum building air
infiltration and exfiltration, shall be clearly identified on the approved construction
drawings. All air barrier components of each building thermal envelope assembly shall
be clearly identified on construction documents and the joints, interconnections, and
penetrations of the air barrier components shall be detailed and shall comply with the
following:
1. The air barrier shall be continuous throughout the building thermal envelope (at
the lowest floor, exterior walls, and ceiling or roof), with all joints and seams
sealed and with sealed connections between all transitions in planes and changes
in materials and at all penetrations.
2. The air barrier component of each assembly shall be joined and sealed in a
flexible manner to the air barrier component of adjacent assemblies, allowing for
the relative movement of these assemblies and components.
3. The air barrier shall be capable of withstanding positive and negative combined
design wind, fan, and stack pressures on the air barrier without damage or
displacement, and shall transfer the load to the structure, and shall not displace
adjacent materials under full load.
4. The air barrier shall be installed in accordance with the manufacturer's
instructions and in such a manner as to achieve the performance requirements.
5. Where lighting fixtures with ventilation holes or other similar objects are to be
installed in such a way as to penetrate the continuous air barrier, provisions shall
be made to maintain the integrity of the continuous air barrier.
Compliance of the continuous air barrier for the opaque building thermal envelope shall
be demonstrated by the following:
1. Materials. Using air-barrier materials that have an air permeability not to exceed
0.004 cfm/ft
2
under a pressure differential of 0.3 in. water (1.57 lb/ft
2
) (0.02
L/s
.
m
2
under a pressure differential of 75 Pa) when tested in accordance with
ASTM E2178;
2. Assemblies. Using assemblies of materials and components that have an average
air leakage not to exceed 0.04 cfm/ft
2
under a pressure differential of 0.3 in. water
(1.57 lb/ft
2
) (0.2 L/s
.
m
2
under a pressure differential of 75 Pa) when tested in
accordance with ASTM E2357 or ASTM E1677;
3. Testing. Testing the completed building and documenting that the air leakage rate
of the building thermal envelope does not exceed 0.25 cfm/ft
2
under a pressure
differential of 0.3 in. water (1.57 lb/ft
2
) (0.02 L/s
- 8 -
of 75 Pa) shall be completed in accordance with the most current version of the
City of Fort Collins Building Air Leakage Test Protocol for commercial buildings
or City of Fort Collins Building Code Protocol for New Multifamily
Building Air Tightness Testing. Documentation of the testing results shall be
submitted to the building official prior to approval. If the building fails air leakage
testing, the testing agency is required to perform a diagnostic evaluation in
accordance with ASTM E1186-03(2009). The testing agency can use additional
methods to discover leaks. Repairs based on these diagnostics and retesting is
required prior to submitting results to the building official.
4. Alternative Inspection. When approved by the building official, where it is
deemed impractical to isolate and perform a blower door test on a new renovation
or addition, the renovation or addition air barrier shall be inspected for continuity
and integrity by an approved inspector.
(17) Section C402.5.6 Loading dock weatherseals is hereby retained in its entirety with the
following amendments:
C402.5.6 Loading dock weatherseals. Cargo doors and loading dock doors shall be
equipped with weather-seals to restrict infiltration.
(18) Section C405.2.1 Occupant sensor controls is hereby retained in its entirety with the
following amendments:
. . .
In new construction and additions that require a building permit, occupant sensor
controls shall be provided to automatically reduce connected lighting power by not less
than 50 percent during periods when no occupants are present in the following locations:
1. corridors and enclosed stairwells;
2. storage stack areas not open to the public;
3. library stack areas; and
4. parking garages.
Lighting in means of egress shall comply with the luminance or uniformity criteria
required by the International Building Code when occupied.
Exception: Automatic power reduction shall not be used to control battery back-up
emergency lighting and exit signage.
(19) Section C405.2.4 Specific application controls is hereby retained in its entirety with the
following amendments:
3. In hotels and motels the lighting switched outlets, permanently wired luminaires,
television, and heating, ventilating and air conditioning system equipment serving
each guest room shall be automatically controlled so that lighting, switched
outlets, permanently wired luminaires, and televisions will be turned off and the
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heating, ventilating and air conditioning system set point raised at least 5 degrees
Fahrenheit (3 degrees centigrade) in the cooling mode and lowered at least 5
degrees Fahrenheit (3 degrees centigrade) in the heating mode whenever the guest
room is unoccupied.
All permanently wired luminaires located in bathrooms within sleeping units in hotels,
motels, boarding houses or similar buildings shall be equipped with occupant sensors that
require manual intervention to energize circuits.
(20) Section C405.2.5 Exterior lighting controls is hereby deleted and replaced in its entirety
and the following is hereby added in lieu thereof:
C405.2.5 Exterior lighting controls. In addition to any other applicable requirements of
this IECC, all outdoor lighting controls shall comply with the following requirements.
For lighting of building façades, parking lots, garages, canopies (sales and non-sales), and
all outdoor sales areas, automatic controls shall be installed to reduce the sum of all
lighting power (in watts) by a minimum of 50 percent two hours after normal business
closing, and to turn off outdoor lighting within 30 minutes after sunrise.
Exceptions:
1. Lighting required by a statute, ordinance, or regulation duly adopted for the
protection of public health, safety and/or human life, including but not limited to,
emergency lighting.
2. Lighting that is controlled by a motion sensor and photo-control.
3. Lighting for facilities that have equal lighting requirements at all hours and are
designed to operate continuously.
4. Temporary outdoor lighting.
5. Externally illuminated signs and signs that are either internally illuminated or
have integral lamps.
(21) A new Section C405.10 Electricity distribution design is hereby added to read as
follows:
C405.10 Electricity distribution design requirements and load type isolation.
Electric distribution systems within, on or adjacent to and serving a new building shall be
designed in such fashion that each primary panel supplies only one electricity load type
as defined in Sections C405.10.1 through C405.10.5. The energy load type served by
each distribution panel shall be clearly designated on the panel with the use served, and
adequate space shall be provided for installation of metering equipment or other data
collection devices, temporary or permanent, to measure the energy use associated with
each distribution panel.
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Exceptions:
1. Buildings or spaces with less than 600 amp electric service are exempted from
this requirement.
2. Electrical systems that are designed and constructed in such fashion that the total
usage of each of the load types as described in Sections C405.10.1 through
C405.10.5 shall be permitted to be measured through the use of installed sub-
meters or other equivalent methods as approved.
3. Group U occupancies
C405.10.1 Heating, ventilating, and air conditioning system electric load. This
category shall include all electricity used to heat, cool, and provide ventilation to the
building including, but not limited to, fans, pumps, and cooling energy.
C405.10.2 Lighting system electric load. This category shall include all electricity for
interior and exterior lighting used in occupant spaces and common areas.
C405.10.3 Plug loads. This category shall include all electricity use by devices, electric
appliances and equipment connected to convenience receptacle outlets.
C405.10.4 Process loads. This category shall include all electricity used by any single
load associated with activities within the building, such as, but not limited to, data
centers, manufacturing equipment and commercial kitchens, that exceed 5% of the total
energy use of the whole building.
C405.10.5 Miscellaneous loads. This category shall include all electricity use for all
other building operations and other operational loads.
(22) Section C408 System commissioning is hereby deleted and replaced in its entirety and
the following is hereby added in lieu thereof:
C408 System Commissioning shall be in conformance with Section 3604 of the adopted
International Building Code, entitled “Commissioning, Operations and Maintenance.”
(23) TABLE R402.1.2 Insulation and Fenestration Requirements by Component is hereby
deleted and replaced in its entirety and the following is hereby added in lieu thereof:
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
HEATING
SYSTEM
TYPE
FENESTRATION
U-FACTORb
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGC
CEILING
R-
VALUE
WOOD
FRAME
WALL
R-VALUE
f
g
MASS
WALL
R-
VALUEg
FLOOR
R-
VALUE
e
BASEMENTc
WALL
R-VALUE
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a. R-values are minimums. U-factors and SHGC are maximums. R-19 batts compressed into a nominal 2x6 framing cavity such that the
R-value is reduced by R-1 or more shall be marked with the compressed batt R-value in addition to the full thickness R-value.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. “15/19” means R-15 continuous insulation on the interior or exterior of the foundation wall or R-19 cavity insulation at the interior of
the foundation wall. “15/19” shall be permitted to be met with R-13 cavity insulation on the interior of the foundation wall plus R-5
continuous insulation on the interior or exterior of the foundation wall. “10/13” means R-10 continuous insulation on the interior or
exterior of the foundation wall or R-13 cavity insulation at the interior of the foundation wall.
d. R-5 shall be added to the required slab edge R-values for heated slabs.
e. Insulation shall fill the framing cavity, R-19 minimum.
f. First value is cavity insulation, second is insulated sheathing or siding, so “20+5” means R-20 cavity insulation plus R-5 insulated
sheathing. If structural sheathing covers 25 percent or less of the exterior, insulating sheathing is not required where structural
sheathing is used. If structural sheathing covers more than 25 percent of the exterior, structural sheathing shall be supplemented with
insulated sheathing of at least R-2.
g The second R-value applies when more than half the insulation is on the interior of the mass wall.
h. All rim joists and adjoining plates shall be air-sealed and insulated using spray foam insulation to R-15 minimum.
i. All rim joists and adjoining plates shall be air-sealed
(24) TABLE R402.1.4 Equivalent U-Factors is hereby deleted and replaced in its entirety and
the following is hereby added in lieu thereof:
TABLE R402.1.4
EQUIVALENT U-FACTORSa
HEATING
SYSTEM
TYPE
FENESTRATION
U-FACTOR
SKYLIGHT
U-FACTOR
CEILING
R-VALUE
FRAME
WALL
U-
FACTOR
MASS
WALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
Nonelectric heat 0.32 0.55 0.026 0.057 0.082 0.033 0.059 0.055
Electric heat 0.30 0.55 0.026 0.048 0.060 0.033 0.050 0.055
a. Non-fenestration U-factors shall be obtained from measurement, calculation or an approved source.
b. When more than half the insulation is on the interior, the mass wall U-factor shall be the same as the frame
wall U-factor.
(25) Section R402.2 Specific insulation requirements (Prescriptive) is hereby retained in its
entirety with the following amendments:
R402.2 Specific insulation requirements (Mandatory).
In addition to the requirements of Section R402.1, insulation shall meet the specific
requirements of Sections R402.2.1 through R402.2.14.
(26) Section R402.2.1 Ceilings with attics spaces is hereby retained in its entirety with the
following amendments:
R402.2.1 Ceilings with attic spaces. Where Section R402.1.2 would require R-38
insulation in the ceiling, installing R-30 over 100 percent of the ceiling area requiring
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(27) Section R402.2.3 Eave baffle is hereby retained in its entirety with the following
amendments:
R402.2.3 Eave baffle and blocks. For air permeable insulations in vented attics with
ventilation from open or box soffits, a baffle shall be installed to provide ventilation from
the soffit to the attic adjacent to each soffit or eave vent. In the case of continuous soffit
vents, enough baffles shall be installed to maintain the required attic ventilation from the
soffit. Baffles shall maintain an opening equal or greater than the size of the vent. The
ventilation baffle shall extend over the top of the attic insulation between rafters or
trusses, maintaining a minimum 1 inch clear opening below the roof deck and sufficient
space for the minimum depth of attic insulation. The baffle shall be permitted to be any
solid material. All other spaces between rafters or trusses shall be blocked at the outside
edge of the exterior wall top plate, with air impermeable materials so as to contain the
attic insulation.
(28) A new Section R402.2.14 Rim insulation requirements is hereby added to read as
follows:
R402.2.14 Rim insulation requirements. All rim plates and rim joist which are part of
the thermal envelope shall be air-sealed. All rim plates and rim joist which are part of the
thermal envelope shall be insulated using spray foam materials to R-15 minimum when
the basement walls are insulated to 10/13 in accordance with Table R402.1.2.
(29) Sections 402.4.1 Building thermal envelope, R402.4.1.1 Installation, and R402.4.1.2
Testing, are hereby deleted and replaced in their entirety and the following is hereby
added in lieu thereof:
R402.4.1 Building thermal envelope. The building, or individual dwelling units, shall be
tested and verified as having an air leakage rate not exceeding 3 air changes per hour.
Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50
Pascals) in accordance with Section 802 of the RESNET Mortgage Industry National
Home Energy Rating Standards or City of Fort Collins Building Code Protocol for New
Multifamily Building Air Tightness Testing. Where required by the building official,
testing shall be conducted by an approved third party. A written report of the results of
the test shall be signed by the party conducting the test and provided to the building
official. Isolation of attached garages from adjoining conditioned areas shall be verified
in accordance with City of Fort Collins protocols.
Testing shall occur after rough-in and after installation of penetrations of the building
thermal envelope, including but not limited to penetrations for utilities, plumbing,
electrical, ventilation and combustion appliances.
General requirements during testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed beyond the intended weather-stripping or other infiltration control
measures.
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2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall
be closed, but not sealed beyond intended infiltration control measures.
3. Interior doors, if installed at the time of the test, shall be open.
4. Exterior doors for continuous ventilation systems and heat recovery ventilators
shall be closed and sealed.
5. Heating and cooling systems, if installed at the time of the test, shall be turned off.
6. Supply and return registers, if installed at the time of the test, shall be fully open.
7. Combustion air inlets shall not be closed or otherwise obstructed.
8. Garage doors to the exterior shall be closed.
In additions or alterations to existing buildings, air sealing compliance shall be
considered acceptable when the items listed in Table R402.4.1.1, applicable to the
method of construction, are field-verified.
(30) Section R402.5 Maximum fenestration U-factor and SHGC (Mandatory) is hereby
retained in its entirety with the following amendments:
The area-weighted average maximum fenestration U-factor permitted using tradeoffs
from Section R402.1.5 or R405 shall be 0.40 for vertical fenestration.
(31) Section R403.3.1 Insulation (Prescriptive) is hereby retained in its entirety with the
following amendments:
R403.3.1 Insulation (Mandatory).
. . .
(32) Section R403.7 Equipment sizing and efficiency rating (Mandatory) is hereby retained
in its entirety with the following amendments:
R403.7 Equipment sizing and efficiency rating (Mandatory). Heating and cooling
equipment shall be designed in accordance with International Residential Code Section
M1401.3 and performance will be verified in accordance with International Residential
Code Section M1309.
(33) Section R404.1 Lighting equipment (Mandatory) is hereby retained in its entirety with
the following amendments:
R404.1 Lighting equipment (Mandatory). Not less than 75 percent of the lamps in
permanently installed lighting fixtures shall be high-efficacy lamps or not less than 50
percent of the permanently installed lighting fixtures shall contain only high-efficacy
lamps.
Exception: Low-voltage lighting.
(34) A new Section R404.2 Occupant sensor controls is hereby added to read as follows:
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R404.2 Occupant sensor controls. In multifamily buildings, occupant sensor controls
shall be provided to automatically reduce connected lighting power by not less than 50
percent during periods when no occupants are present in common corridors and common
enclosed stairwells.
Lighting in means of egress shall comply with the luminance or uniformity criteria
required by the International Building Code when occupied.
Exception: Automatic power reduction shall not be used to control battery back-up
emergency lighting and exit signage.
(35) Chapter 6 REFERENCED STANDARDS is hereby amended by adding, in alphabetical
order, the following additional referenced standard:
RESNET® Mortgage Industry National Home Energy Rating Systems Standards
Residential Energy Services Network, Inc.
P.O. Box 4561
Oceanside, CA 92052-4561
http://resnet.us
RESNET® reference standard Grade I and Grade II Insulation
Referenced in Amended 2012 IECC Section C402.2.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 074, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE II, DIVISION 2, OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE
2012 INTERNATIONAL RESIDENTIAL CODE (IRC), AND ADOPTING THE
2015 INTERNATIONAL RESIDENTIAL CODE, WITH AMENDMENTS
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest
nationally recognized building standards available for the times; and
WHEREAS, upon recommendation of City staff, the City Council has determined that it
is in the best interests of the City to align the five interconnected basic construction codes under
one publication year; and
WHEREAS, the five interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, and International Energy Conservation Code; and
WHEREAS, the City Council has determined that the 2015 publication year of the five
interconnected basic construction codes ought to be adopted and that their counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2015 publications contain improvements in construction code regulation;
and
WHEREAS, City staff has conducted a significant public outreach program, working
with the regulated construction industry and building professionals; and
WHEREAS, the adoption of the five interconnected basic construction codes has been
presented to and recommended by the Affordable Housing Board, the Commission on Disability,
the Air Quality Advisory Board, the Natural Resources Advisory Board, the Building Review
Board, the Electric Board, the Landmark Preservation Commission and the Water Board; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its citizens that the 2012 International Residential Code, as
previously adopted and amended by the City pursuant to Ordinance 020, 2014, be repealed, and
that in its place, the 2015 International Residential Code, be adopted, with local amendments as
set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International
Residential Code on May 21, 2017, and May 28, 2017; and
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WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated May 14, 2107, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT
ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That Section 5-26(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(d) Pursuant to the power and authority conferred on the City Council by Section 31-
16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2012
Edition of the International Residential Code, and adopts, as the residential building code of the
City, the 2015 International Residential Code published by the International Code Council, as
amended by the City, which shall have the same force and effect as though set forth in full
herein. The subject matter of the International Residential Code adopted herein includes
comprehensive provisions and standards for the protection of the public health and safety by
prescribing regulations governing the construction, alteration, enlargement, relocation,
replacement, repair, equipment, use and occupancy, location, removal and demolition of, and its
applicability is hereby limited to, individual nonattached one- and two-family dwellings and
multiple single-family dwellings (townhouses) not more than three (3) stories above grade in
height with a separate means of egress, and their accessory structures. As provided in the 2015
International Residential Code, Appendices are not adopted except as expressly set forth in
Section 5-30.
Section 2. That Section 5-30 of the Code of the City of Fort Collins is hereby
repealed and reenacted to read as follows:
Sec. 5-30 Amendments and deletions to code.
The 2015 INTERNATIONAL RESIDENTIAL CODE adopted herein is hereby amended in the
following respects:
(1) Section R101.1 Title, is hereby retained in its entirety with the following amendments:
R101.1 Title. These provisions shall be known as the Residential Code for One- and
Two-family Dwellings of the City of Fort Collins and shall be cited as such and will be
referred to herein as “this code.”
(2) Section R102.4 Referenced codes and standards, is hereby retained in its entirety with
the following amendments:
R102.4 Referenced codes and standards. The codes and standards referenced in this
code shall be those that are listed in Section 101.4, entitled ‘Referenced Codes’ of the
adopted International Building Code and shall be considered part of the requirements of
this code to the prescribed extent of each such reference and as further regulated in
Sections R102.4.1 and R102.4.2.
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Exception: Where enforcement of a code provision would violate the conditions of the
listing of the equipment or appliance, the conditions of the listing and manufacturer’s
instructions shall apply.
(3) Section R103 Department of Building Safety, is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
R103 Code Administration.
R103.1 Entity charged with code administration shall be as determined in accordance
with Section 103, entitled ‘Code Administration’ of the adopted International Building
Code.
(4) Section R105.2 Work exempt from permit, is hereby retained in its entirety with the
following amendments:
. . .
Building:
1. One-story, detached, accessory structures for lawn and garden equipment storage,
tool storage and similar uses, as well as arbors, pergolas, and similar structures,
provided the floor area does not exceed 120 square feet (11.15 m
2
)
or 8 feet (2.438
m) in height, do not house flammable liquids in quantities exceeding 10 gallons
(38 l) per building and are located at least 3 feet (0.914 m) from an adjoining
property line.
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the
low side grade to the top of the wall, provided the horizontal distance to the next
uphill retaining wall is at least equal to the total height of the lower retaining wall,
unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2
to 1.
5. Platforms intended for human occupancy or walking, sidewalks and driveways
not more than 30 inches (762 mm) above adjacent grade, and are not part of an
accessible route.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
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7. Prefabricated and portable swimming or wading pools, hot tubs or spas supported
directly upon grade when the walls are entirely above grade and which cannot
contain water more than 24 inches (610 mm) deep.
8. Swings and other playground equipment, or play house/structure not exceeding
120 square feet. One elevated play house or play structure per lot designed and
used exclusively for play. Elevated play houses or play structures shall not exceed
64 square feet (5.9 m2)
of floor area nor 6 feet (1.82 m) in height measured from
the floor to the highest point of such structure.
9. Window awnings supported by an exterior wall which do not project more than
54 inches (1372 mm) from the exterior wall and do not require additional support
and do not extend over the public right of way. Window replacement requiring no
structural alteration or no change in the window configuration which reduces the
clear opening and when such work is determined not to be historically significant,
storm window, storm door and rain gutter installation.
10. Decks that are not more than 30 inches (762 mm) above grade at any point, are
not attached to a dwelling and do not serve the exit door required by Section
R311.4.
11. Roofing repair or replacement work not exceeding one square (100 square feet) of
covering per building.
12. Replacement of nonstructural siding, when removal of siding is performed in
accordance with State laws regarding asbestos and lead paint.
13. Work valued at less than $500 when such work does not involve alteration of
structural components, fire-rated assemblies, plumbing, electrical, mechanical or
fire-extinguishing systems.
14. Decorative ponds, fountains and pools that cannot contain water more than 24
inches (610 mm) deep.
15. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems. Hoop houses constructed with a flexible frame such as
PVC tubing used for starting plants.
(5) Section R105.3.2 Time limitation of application, is hereby retained in its entirety with
the following amendments:
R105.3.2 Time limitation of application An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 180 days each provided the application has not expired and is
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considered an active application. The extension shall be requested in writing and
justifiable cause demonstrated. Applications that have expired for 30 days or more will be
considered as null and void and all plans discarded.
(6) Section R105.5 Expiration, is hereby retained in its entirety with the following
amendments:
Section R105.5 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not more than 180 days each. The extension shall
be requested in writing and justifiable cause demonstrated.
Both prior to and subsequent to the effective date of this code, any work authorized by a
permit regulated by this code or any other building construction code administered by the
building official that involves the construction or alteration of an exterior building
component, assembly or finish material, such as the foundation, wall and roof framing,
sheathing, siding, fenestration, and roof covering, shall be fully finished and completed
for permanent outdoor exposure within 24 months of date of this issuance of such permit.
(7) A new Section R105.10 Premises identification, is hereby added to read as follows:
R105.10 Premises identification during construction. The approved permit number
and street address number shall be displayed and be plainly visible and legible from the
public street or road fronting the property on which any new building is being
constructed.
(8) A new Section R105.11 Transfer of permits, is hereby added to read as follows:
R105.11 Transfer of permits. A current valid building permit may be transferred from
one party to another upon written application to the building official. When any changes
are made to the original plans and specifications that substantially differ from the plans
submitted with the permit, as determined by the building official, a new plan review fee
shall be paid as calculated in accordance with Section R108. A fee of $50 shall be paid
to cover administrative costs for all building permit transfers. No change shall be made
in the expiration date of the original permit.
(9) Section R106.1.4 Information for construction in flood hazard areas, is hereby deleted
in its entirety and the following is hereby added in lieu thereof:
R106.1.4 Information for construction in flood hazard areas. For buildings or
structures regulated under the scope of this code that are in whole or in part located in
flood hazard areas, construction documents shall be submitted as established in
accordance with the City Code, Chapter 10, entitled ‘Flood Prevention and Protection’.
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(10) A new Section R106.1.5 Grading performance plans and certificate, is hereby added to
read as follows:
R106.1.5 Grading performance plans and certificate. Every building permit
application for a new building regulated by this code shall be accompanied by a site
drainage/grading performance plan as prescribed by City standards. Drainage plans shall
be submitted to and approved by the City’s Storm Drainage department prior to the
issuance of the permit.
(11) Section R106.3.1 Approval of construction documents, is hereby retained in its entirety
with the following amendments:
R106.3.1 Approval of construction documents. Where the building official issues a
permit, the construction documents shall be approved in writing or by a stamp that
indicates the approved permit number. One set of construction documents so reviewed
shall be retained by the building official. The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to inspection by the building official or
a duly authorized representative.
(12) Section R107, Temporary Structures and Uses, is deleted in its entirety.
(13) Section R108, Fees, is hereby deleted in its entirety and the following is hereby added in
lieu thereof:
R108 Fees
R108.1 Payment of fees. All items relating to fees shall be as specified and in
accordance with Section 109 Fees of the adopted International Building Code, as
amended by the City.
(14) A new Section R109.1.7 Site Survey required, is hereby added to read as follows:
R109.1.7 Site survey required. A survey or improvement location certificate of the site
on which a new building or addition is to be constructed may be required by the building
official to verify that the structure is located in accordance with the approved plans and
any other regulations of the City.
(15) A new Section R110.2 Change in use, is hereby amended to read as follows:
R110.2 Change in use. Changes in the character, use, or occupancy of an existing
structure shall not be made except when approved by the building official and the
structure is in conformance with this code and the International Building Code, as
amended by the City.
(16) Section R112, Board of Appeals, is hereby deleted in its entirety and the following is
hereby added in lieu thereof:
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R112 Board of Appeals
R112.1 General. Appeals of decisions, determinations and interpretations of this code
shall be made pursuant to applicable provisions as set forth in Section 113, entitled
‘Board of Appeals’ of the International Building Code, as amended by the City.
(17) Section R113.4 Violation penalties, is hereby retained in its entirety with the following
amendments:
R113.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of this code,
shall be guilty of a misdemeanor subject to the penalties and fines pursuant to Section 1-
15 of the City Code, punishable by a fine of not more than $1,000 or by imprisonment
not exceeding 180 days, or both such fine and imprisonment. Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
(18) A new Section R113.5 Work commencing before permit issuance, is hereby added to
read as follows:
R113.5 Work commencing before permit issuance. In addition to penalties set forth in
R113.4, any person or firm who, before obtaining the necessary permit(s), commences
any construction of, or work on, a building, structure, electrical, gas, mechanical or
plumbing system that is not otherwise exempted from obtaining a permit, shall be subject
to a processing and penalty fee in addition to the standard prescribed permit fee. Such
additional fee shall be equal to the permit fee, except that such fee shall not be less than
$50 nor more than $1,000 for the first such violation. A person or firm committing such
violation repeatedly is subject to processing and penalty fees equal to double the amount
of the permit fee or double the amount of the preceding violation, whichever is greater,
for every same such subsequent violation committed thereafter within any 180-day
period. The foregoing fees may be appealed to the City Manager pursuant to Chapter 2,
Article VI of the City Code.
(19) Section R202 Definitions, is hereby amended to delete, modify, or add, in alphabetical
order, the following definitions:
…
BASEMENT. That portion of a building located partly or completely below grade,
wherein the underside of the floor system immediately above is 72 inches (1829 mm) or
more above the surface of an approved permanent basement floor system.
…
CITY. The municipal corporation of Fort Collins, Colorado, including its physical
location and boundaries.
…
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CRAWLSPACE. That portion of a building that is conditioned or non-conditioned
space located partly or completely below grade (excluding the under-floor space beneath
below-grade structural floor systems), wherein the underside of the adjacent finished
floor above is less than 72 inches (1829 mm) above the bottom surface of such
crawlspace.
…
DWELLING. Shall mean a building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family dwellings and
multi-family dwellings. The term dwelling shall not include hotels, motels, homeless
shelters, seasonal overflow shelters tents or other structures designed or used primarily
for temporary occupancy. Any dwelling shall be deemed to be a principal building.
DWELLING UNIT. Shall mean one or more rooms and a single kitchen and at least 1
bathroom, designed, occupied or intended for occupancy as separate quarters for the
exclusive use of a single family for living, cooking and sanitary purposes, located in a
single-family, two-family or multi-family dwelling or mixed-use building.
…
FAMILY. shall mean any individual living alone or any number of persons who are all
related by blood, marriage, adoption, guardianship or other duly authorized custodial
relationship, and who live together as a single housekeeping unit and share common
living, sleeping, cooking and eating facilities.
…
FLOOR AREA. The area included within the surrounding exterior walls of a building
or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or
portion thereof, not provided with surrounding exterior walls shall be the usable area
under the horizontal projection of the roof or floor above.
…
GRADE. (ADJACENT GROUND ELEVATION). The lowest point of elevation of the
finished surface of the ground, paving or sidewalk, deck or platform with the area
between the building and the property line or, when the property line is more than 5 feet
(1.524 m) from the building, between the building and a line 5 feet (1.524 m) from the
building.
…
ROOM, SLEEPING (BEDROOM). A habitable space within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot,
mattress, convertible sofa or other similar furnishing used for sleeping purposes is indicia
for determining that such space or room qualifies as a sleeping room. The presence of
closets and similar storage facilities is not considered a relevant factor in determining
whether or not a room is a sleeping room.
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…
SITE. A parcel of land bounded by a property line or a designated portion of a public
right-of-way.
…
TOWNHOUSE: A single-family dwelling unit constructed in a group of two or more
attached individual units, each of which is separated from the other from the foundation
to the roof and is located entirely on a separately recorded and platted parcel of land (site)
bounded by property lines that is deeded exclusively for such single-family dwelling.
…
(20) Section 301.1.3 Engineered design, is hereby retained in its entirety with the following
amendments:
R301.1.3 Engineered design. When a building of otherwise conventional light-frame
construction contains structural elements not conforming to this code, these elements
shall be designed in accordance with accepted engineering practice. The extent of such
design need only demonstrate compliance of nonconventional elements with other
applicable provisions and shall be compatible with the performance of the conventional
framed system. Engineered design, in accordance with the International Building Code,
as amended by the City, is permitted for all buildings, structures, and portions thereof
included in the scope of this code.
(21) Section R301.2(1), Climatic and geographic design criteria, is hereby deleted in its
entirety and the following is hereby added in lieu thereof:
For SI: C = [(F)-32]/1.8.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural
requirements of this code. The weathering column is based on the weathering index (i.e., “severe”) for concrete as
determined from the Weathering Probability Map [Figure R301.2 (3)]. The grade of masonry units shall be determined
from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
c. Based on the average daily temperature in January greater than 250 F (-40 C) or where the history of local damage from the
effects of ice damming is not substantial.
d. None to slight in accordance with Figure R301.2(7).
e. Date of the City’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for
management of flood hazard areas), or the date(s) of the currently effective FIRM and FBFM, or other flood hazard map
adopted by the community.
ROOF
SNOW
LOAD
WIND
SPEED b
MPH
SEISMIC
DESIGN
CATE-
GORY
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP
AIR
FREEZ-
ING
INDEX
f
MEAN
ANN-
UAL
TEMP.
g
FLOOD
e
10
f. 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the
National Climatic Data Center data table Air Freezing Index- USA Method (Base 32o Fahrenheit) at
www.ncdc.noaa.gov/fpsf.html.
g. Mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32o
Fahrenheit) at www.ncdc.noaa.gov/fpsf.html.
(22) A new Section R301.2.1.5.2 Basic wind speed, is hereby added to read as follows:
R301.2.1.5.2 Basic wind speed. The Special Wind Region as indicated on Figure
R301.2(4) of this code shall apply using a basic wind speed, 100 miles per hour (161 kph)
Vasd or 129 miles per hour (208 kph) Vult, based on the exposure category as described in
Section R301.2.1.4, or the equivalent pressure thereto.
(23) Section R302.1 Exterior walls, is hereby retained in its entirety with the following
amendments:
R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior
walls of dwellings and accessory buildings shall comply with Table R302.1 (1) as
amended.
Exceptions:
1. Walls, projections, openings or penetrations in walls perpendicular to the line
used to determine the fire separation distance.
2. Walls of dwellings and accessory structures located on the same lot.
3. Detached tool sheds and storage sheds, playhouses and similar structures
exempted from permits are not required to provide wall protection based on
location on the lot. Projections beyond the exterior wall shall not extend over the
lot line.
4. Detached garages accessory to a dwelling located within 2 feet (610 mm) of a lot
line are permitted to have roof eave projections not exceeding 4 inches (102 mm).
5. Foundation vents installed in compliance with this code are permitted.
(24) A new Section R302.1.1 Exterior wall finish materials, is hereby added to read as
follows:
R302.1.1 Exterior wall finish materials Walls of dwellings located within the fire
separation distance (location from property line) of 0 feet to less than 5 feet shall be
constructed of exterior finishes containing cementitious materials.
Exception: Dwellings equipped throughout with an automatic sprinkler system installed
in accordance with Section P2904 or NFPA 13D.
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(25) Table R302.1(1) Exterior Walls, is hereby retained in its entirety with the following
amendments:
TABLE R302.1(1) EXTERIOR WALLS
EXTERIOR WALL ELEMENT
MINIMUM FIRE-RESISTANCE
RATING
MINIMUM FIRE
SEPARATION
DISTANCE
WALLS
FIRE-RESISTANCE RATED
1 HOUR-TESTED IN
ACCORDANCE WITH ASTM E 119
OR UL 263 WITH EXPOSURE
FROM BOTH SIDES
LESS THAN 3
FEET
NOT FIRE RESISTANCE
RATED
0 HOURS
3 FEET OR MORE
PROJECTIONS
FIRE-RESISTANCE RATED 1 HOUR ON THE UNDERSIDE
2 TO
3 FEET
NOT ALLOWED N/A
LESS THAN 2
FEET
OPENINGS IN
WALLS
NOT ALLOWED N/A
LESS THAN 3
FEET
UNLIMITED
0 HOURS 3 FEET OR MORE
PENETRATIONS ALL
COMPLY WITH SECTION
R302.4
LESS THAN 3
FEET
NONE REQUIRED 3 FEET OR MORE
For SI: 1 foot = 304.8 mm.
N/A = Not Applicable.
a. Roof eave fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave if fireblocking is provided from
the wall top plate to the underside of the roof sheathing.
b. Roof eave fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave provided that gable vent
openings are not installed.
(26) Table R302.1(2) Exterior Walls-Dwellings with Fire Sprinklers, is hereby deleted in its
entirety:
(27) Section R302.2.1 Continuity is hereby retained in its entirety with the following
amendments:
R302.2.1 Continuity. The fire-resistance-rated common wall or assembly separating
townhouses along property lines shall be continuous from the foundation to the underside
of the roof sheathing, deck or slab. The fire-resistance rating shall extend the full length
of the wall or assembly, including wall extensions through and separating attached and/or
enclosed accessory structures or spaces. The fire-resistance-rating shall be maintained
within concealed spaces of projecting elements such as, roof overhangs, canopies,
marquees and similar projections. The fire- resistant rated adjoining walls shall extend to
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the outer edge of horizontal projecting elements such as balconies which extend more
than 24 inches beyond the exterior wall.
(28) Section R302.3 Two-family dwellings is hereby retained in its entirety with the following
amendments:
R302.3 Two-family dwellings. Two-family dwellings shall be provided with a fire-
suppression system as per P2904 at a minimum. Dwelling units in two-family dwellings
shall be separated from each other by wall and/or floor assemblies having not less than a
one-hour fire-resistance rating when tested in accordance with ASTME 119 or UL 263.
Fire-resistance-rated floor-ceiling and wall assemblies shall extend to and be tight against
the exterior wall, and wall assemblies shall extend from the foundation to the underside
of the roof sheathing.
Exceptions:
1. A fire-resistance rating of ½ hour shall be permitted in buildings equipped
throughout with an automatic sprinkler system installed in accordance with NFPA
13.
2. Wall assemblies need not extend through attic spaces when the ceiling is
protected by not less than 5/8-inch (15.9 mm) Type X gypsum board and an attic
draft stop constructed as specified in Section R302.12.1 is provided above and
along the wall assembly separating the dwellings. The structural framing
supporting the ceiling shall also be protected by not less than 1/2-inch (12.7 mm)
gypsum board or equivalent.
(29) Section R308.4.5 Glazing and wet surfaces is hereby retained in its entirety with the
following amendments:
R308.4.5 Glazing and wet surfaces. Glazing in walls, enclosures or fences containing or
facing hot tubs, spas, whirlpools, saunas, steam rooms, bathtubs, showers and indoor or
outdoor swimming pools where the bottom exposed edge of the glazing is less than 60
inches (1524 mm) shall be considered a hazardous location. This shall apply to single
glazing and all panes in multiple glazing.
Exception: Glazing that is more than 48 inches (1219 mm), measured horizontally and in
a straight line, from the water’s edge of a bathtub, shower, hot tub, spa, whirlpool, or
swimming pool or from the edge of a shower, sauna or steam room and not less than 48
inches measured vertically above any standing or walking surface.
(30) Section R308.4.7 Glazing adjacent to the bottom stair landing is hereby retained in its
entirety with the following amendments:
R308.4.7 Glazing adjacent to stair landings. Glazing adjacent to the stair landings
where the glazing is less than 36 inches (914 mm) above the landing and within a 60 inch
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(1524 mm) horizontal arc less than 180 degrees of the top or bottom tread shall be
considered a hazardous location.
Exception: The glazing is protected by a guard complying with Section R312 and the
plane of the glass is more than 18 inches (457 mm) from the guard.
. . .
(31) Section R310.1 Emergency escape and rescue opening required is hereby retained in its
entirety with the following amendments:
R310.1 Emergency escape and rescue opening required Basements, habitable attics,
habitable lofts and mezzanines, and every sleeping room, shall have not less than one
operable emergency escape and rescue opening. Where basements contain one or more
sleeping rooms, an emergency escape and rescue opening shall be required in each
sleeping room. Emergency escape and rescue openings shall open directly into a public
way, or to a yard or court that opens to a public way.
Exception: Storm shelters and basements used only to house mechanical equipment not
exceeding a total floor area of 200 square feet (18.58 m2).
(32) Section R310.2.2 Window sill height is hereby retained in its entirety with the following
amendments:
R310.2.2 Window sill height Where a window is provided as the emergency escape and
rescue opening, it shall have a sill height of not more than 44 inches (1118 mm) above
the floor; where the sill height is below grade, it shall be provided with a window well in
accordance with Section R310.2.3. Emergency escape and rescue window openings that
are located more than 72 inches (1829 mm) above the finished grade shall have a sill
height of not less than 24 inches (609 mm) measured from the finished interior side floor.
Exception: Emergency escape and rescue openings located over a roof surface with a
slope of 4:12 or less and extending a minimum of 5 feet horizontally outward from the
window.
(33) Section R310.2.3 Window wells is hereby retained in its entirety with the following
amendments:
R310.2.3. Window wells. The horizontal area of the window well shall be not less than 9
square feet (0.9m2), with a horizontal projection and width of not less than 36 inches
(914 mm).The area of the window well shall allow the emergency escape and rescue
opening to be fully opened.
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Exceptions:
1. The ladder or steps required by Section R310.2.3.1 shall be permitted to encroach
not more than 6 inches (152 mm) into the required dimensions of the window
well.
2. With the window in the full open position, the bottom window well step may
encroach a maximum of 12 inches (304 mm) into the minimum horizontal
projection, provided the well meets the following criteria:
a. The bottom of the well is not less than 36 inches wide (914 mm), centered
horizontally on the openable portion of the emergency escape and rescue
door or window, and
b. An unobstructed clear horizontal projection of 36 inches (914 mm) is
maintained at the centerline of the openable portion of the emergency
escape and rescue door or window.
c. Window well steps shall not exceed a rise of 16 inches maximum and the
step run shall be 4 inches minimum.
(34) Section R310.2.3.2 Drainage is hereby retained in its entirety with the following
amendments:
R310.2.3.2 Drainage. All window wells shall be designed for proper drainage by
connecting to the building’s foundation drainage system required by Section R405.1 or
by an approved alternative method. The inlet to the drainage system shall be a minimum
of 4 inches (101 mm) below the window sill. Where no drains are required the window
well surface shall be a minimum of 4 inches (101 mm) below the window sill.
Exceptions:
1. A drainage system for window wells is not required when the foundation is on
well-drained soil or sand-gravel mixture soils as determined by the foundation
engineer of record.
2. A drainage system is not required for new window wells on additions to existing
dwellings.
(35) Section R311.7.1 Width is hereby retained in its entirety with the following amendments:
R311.7.1 Width Stairways shall be not less than 36 inches (914 mm) in clear width at all
points above the permitted handrail height and below the required headroom height.
Handrails shall not project more than 41/2 inches (114 mm) on either side of the stairway
and the clear width of the stairway at and below the handrail height, including treads and
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landings, shall be not less than 311/2 inches (787 mm) where a handrail is installed on
one side and 27 inches (698 mm) where handrails are provided on both sides.
Exception: The width of spiral stairways installed as part of an individual dwelling unit
shall be in accordance with Section R311.7.10.1.
(36) Section R311.7.5.1 Risers is hereby retained in its entirety with the following
amendments:
R311.7.5.1 Risers. The riser height shall be not more than 7 3/4 inches (196 mm). The
minimum riser height shall be not less than 4 inches (102 mm). The riser shall be
measured vertically between leading edges of the adjacent treads. The greatest riser
height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5
mm). Risers shall be vertical or sloped from the underside of the nosing of the tread
above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are
permitted provided that the openings located more than 30 inches (762 mm), as measured
vertically, to the floor or grade below do not permit the passage of a 4-inch-diameter (102
mm) sphere.
Exceptions:
1. The opening between adjacent treads is not limited on spiral stairways.
2. The riser height of spiral stairways shall be in accordance with Section
R311.7.10.1.
(37) A new Section R312.1.1.1 Area well retaining walls, is hereby added to read as follows:
R312.1.1.1 Area well retaining walls. Where any area well wall, bulkhead enclosure
wall or similar retaining wall or barrier is located less than 36 inches (914 mm) from the
nearest intended walking surface, parking surface, or driveway and the surface elevation
difference between the higher and lower side of the well wall, bulkhead enclosure wall,
or retaining wall is greater than 36 inches, such wall shall be protected with guards or be
provided with an equivalent barrier.
Exceptions:
1. The access side of stairways need not be barricaded.
2. Area wells provided for emergency escape and rescue windows may be protected
with approved grates or covers that comply with Section R310.4.
3. Covers and grates may be used over stairways and other openings used
exclusively for service access or for admitting light or ventilation.
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4. Area well walls, bulkhead enclosure walls, or retaining walls adjacent to a
building that are located 24 inches (610 mm) or less measured perpendicular from
the building.
5. Locations where the slope of the embankment or the side of the enclosure or the
opening adjacent to such walls does not exceed 2 horizontal to 1 vertical.
(38) Section R313.2 One- and two-family dwellings automatic fire systems is hereby retained
in its entirety with the following amendments:
R313.2 Two-family dwellings automatic fire systems. An automatic residential fire
sprinkler system shall be installed in two-family dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for
additions or alterations to existing buildings that are not already provided with an
automatic residential sprinkler system.
(39) Section R314.2.2 Alterations, repairs and additions, is hereby retained in its entirety
with the following amendments:
R314.2.2 Alterations, repairs and additions. Where alterations, repairs or additions
requiring a permit occur, or where one or more sleeping rooms are added or created in
existing dwellings, the individual dwelling unit shall be equipped with smoke equipped
with smoke for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing
or siding, the addition or replacement of windows or doors, or the addition of a porch or
deck, are exempt from the requirements of this section.
(40) Section R315.2.2 Alterations, repairs and additions, is hereby retained in its entirety
with the following amendments:
R315.2.2 Alterations, repairs and additions. Where alterations, repairs or additions
requiring a permit occur, or where one or more sleeping rooms are added or created in
existing dwellings, the individual dwelling unit shall be equipped with carbon monoxide
alarms located as required for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of
roofing or siding, or the addition or replacement of windows or doors, or the addition of a
porch or deck, is exempt from the requirements of this section.
(41) Section R320.1 Scope, is hereby retained in its entirety with the following amendments:
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R320.1 Scope. Where there are four or more dwelling units or sleeping units constructed
in a single structure, the applicable provisions of Colorado Revised Statutes, Federal
regulations, and the provisions of Chapter 11 of the adopted International Building Code
for Group R-3 shall apply.
(42) Section R322 Flood-resistant construction is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
R322 Flood-Resistant Construction
Buildings and structures constructed in flood hazard areas shall be designed and
constructed in accordance with the provisions of the Code of the City, Chapter 10, Flood
Prevention and Protection. In riverine flood hazard areas where design flood elevations
are specified but floodways have not been designated, the applicant shall demonstrate
that the cumulative effect of the proposed buildings and structures on design flood
elevations, including fill, when combined with all other existing and anticipated
development, will not increase the design flood elevation more than one foot at any point
within the City.
(43) Section R326 Swimming pools, spas and hot tubs is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
SECTION R326
BARRIER REQUIREMENTS
R326.1 General.
The provisions of this Section shall apply to the design of barriers for pools and spas.
These design controls are intended to provide protection against the potential drowning
and near drowning by restricting access to such pools or spas. These requirements
provide an integrated level of protection against potential drowning through the use of
physical barriers and warning devices.
Exceptions:
1. Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346.
2. Swimming pools with a powered safety cover that complies with ASTM F 1346.
R326.2 Outdoor swimming pools and spas.
Outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that
complies with Sections 305.2.1 through 305.7.
R326.2.1 Barrier height and clearances.
Barrier heights and clearances shall be in accordance with all of the following:
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1. The top of the barrier shall be not less than 48 inches (1219 mm) above grade
where measured on the side of the barrier that faces away from the pool or spa.
Such height shall exist around the entire perimeter of the barrier and for a distance
of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
2. The vertical clearance between grade and the bottom of the barrier shall not
exceed 2 inches (51 mm) for grade surfaces that are not solid, such as grass or
gravel, where measured on the side of the barrier that faces away from the pool or
spa.
3. The vertical clearance between a surface below the barrier to a solid surface, such
as concrete, and the bottom of the required barrier shall not exceed 4 inches (102
mm) where measured on the side of the required barrier that faces away from the
pool or spa.
4. Where the top of the pool or spa structure is above grade, the barrier shall be
installed on grade or shall be mounted on top of the pool or spa structure. Where
the barrier is mounted on the top of the pool or spa, the vertical clearance between
the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches
(102 mm).
R326.2.2 Openings.
Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
R326.2.3 Solid barrier surfaces.
Solid barriers that do not have openings shall not contain indentations or protrusions that
form handholds and footholds, except for normal construction tolerances and tooled
masonry joints.
R326.2.4 Mesh fence as a barrier.
Mesh fences, other than chain link fences in accordance with Section 305.2.7, shall be
installed in accordance with the manufacturer’s instructions and shall comply with the
following:
1. The bottom of the mesh fence shall be not more than 1 inch (25 mm) above the
deck or installed surface or grade.
2. The maximum vertical clearance from the bottom of the mesh fence and the solid
surface shall not permit the fence to be lifted more than 4 inches (102 mm) from
grade or decking.
3. The fence shall be designed and constructed so that it does not allow passage of a
4-inch (102 mm) sphere under any mesh panel. The maximum vertical clearance
from the bottom of the mesh fence and the solid surface shall not be more than 4
inches (102 mm) from grade or decking.
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4. An attachment device shall attach each barrier section at a height not lower than
45 inches (1143 mm) above grade. Common attachment devices include, but are
not limited to, devices that provide the security equal to or greater than that of a
hook-and-eye type latch incorporating a spring-actuated retaining lever such as a
safety gate hook.
5. Where a hinged gate is used with a mesh fence, the gate shall comply with
Section 305.3.
6. Patio deck sleeves such as vertical post receptacles that are placed inside the patio
surface shall be of a nonconductive material.
7. Mesh fences shall not be installed on top of on ground residential pools.
R326.2.5 Closely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches (1143 mm), the
horizontal members shall be located on the pool or spa side of the fence. Spacing between
vertical members shall not exceed 13/4 inches (44 mm) in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not exceed
13/4 inches (44 mm) in width.
R326.2.6 Widely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing
between vertical members shall not exceed 4 inches (102 mm). Where there are
decorative cutouts within vertical members, the interior width of the cutouts shall not
exceed 13/4 inches (44 mm).
R326.2.7 Chain link dimensions.
The maximum opening formed by a chain link fence shall be not more than 1 3/4 inches
(44 mm). Where the fence is provided with slats fastened at the top and bottom which
reduce the openings, such openings shall be not more than 1 3/4 inches (44 mm).
R326.2.8 Diagonal members.
Where the barrier is composed of diagonal members, the maximum opening formed by
the diagonal members shall be not more than1 3/4 inches (44 mm). The angle of diagonal
members shall be not greater than 45 degrees (0.79 rad) from vertical.
R326.2.9 Clear zone.
There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of
the barrier and any permanent structures or equipment such as pumps, filters and heaters
that can be used to climb the barrier.
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R326.2.10 Poolside barrier setbacks.
The pool or spa side of the required barrier shall be not less than 20 inches (508 mm)
from the water’s edge.
R326.3 Gates.
Access gates shall comply with the requirements of Sections 305.3.1 through 305.3.3 and
shall be equipped to accommodate a locking device. Pedestrian access gates shall open
outward away from the pool or spa, shall be self-closing and shall have a self-latching
device.
R326.3.1 Utility or service gates.
Gates not intended for pedestrian use, such as utility or service gates, shall remain locked
when not in use.
R326.3.2 Double or multiple gates.
Double gates or multiple gates shall have at least one leaf secured in place and the
adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not
have openings larger than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the latch
release mechanism. The self-latching device shall comply with the requirements of
Section 305.3.3.
R326.3.3 Latches.
Where the release mechanism of the self-latching device is located less than 54 inches
(1372 mm) from grade, the release mechanism shall be located on the pool or spa side of
the gate not less than 3 inches (76 mm) below the top of the gate, and the gate and barrier
shall not have openings greater than 1/2inch (12.7 mm) within 18 inches (457 mm) of the
release mechanism.
R326.4 Structure wall as a barrier.
Where a wall of a dwelling or structure serves as part of the barrier and where doors or
windows provide direct access to the pool or spa through that wall, one of the following
shall be required:
1. Operable windows having a sill height of less than 48 inches (1219 mm) above
the indoor finished floor and doors shall have an alarm that produces an audible
warning when the window, door or their screens are opened. The alarm shall be
listed and labeled as a water hazard entrance alarm in accordance with UL 2017.
In dwellings or structures not required to be Accessible units, Type A units or
Type B units, the operable parts of the alarm deactivation switches shall be
located 54 inches (1372 mm) or more above the finished floor. In dwellings or
structures required to be Accessible units, Type A units or Type B units, the
operable parts of the alarm deactivation switches shall be located not greater than
54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished
floor.
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2. A safety cover that is listed and labeled in accordance with ASTM F 1346 is
installed for the pools and spas.
3. An approved means of protection, such as self-closing doors with self-latching
devices, is provided. Such means of protection shall provide a degree of
protection that is not less than the protection afforded by Item 1 or 2.
R326.5 On ground residential pool structure as a barrier.
An on ground residential pool wall structure or a barrier mounted on top of an on ground
residential pool wall structure shall serve as a barrier where all of the following
conditions are present:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 48 inches (1219 mm) above grade for the entire
perimeter of the pool, the wall complies with the requirements of Section 305.2
and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not
less than 48 inches (1219 mm) above grade for the entire perimeter of the pool,
and the wall and the barrier on top of the wall comply with the requirements of
Section 305.2.
3. Ladders or steps used as means of access to the pool are capable of being secured,
locked or removed to prevent access except where the ladder or steps are
surrounded by a barrier that meets the requirements of Section 305.
4. Openings created by the securing, locking or removal of ladders and steps do not
allow the passage of a 4inch (102 mm) diameter sphere.
5. Barriers that are mounted on top of on ground residential pool walls are installed
in accordance with the pool manufacturer’s instructions.
R326.6 Natural barriers.
In the case where the pool or spa area abuts the edge of a lake or other natural body of
water, public access is not permitted or allowed along the shoreline, and required barriers
extend to and beyond the water’s edge not less than 18 inches (457 mm), a barrier is not
required between the natural body of water shoreline and the pool or spa.
R326.7 Natural topography.
Natural topography that prevents direct access to the pool or spa area shall include but
not be limited to mountains and natural rock formations. A natural barrier as approved by
the building official shall be acceptable provided that the degree of protection is not less
than the protection afforded by the requirements of Sections 305.2 through 305.5.
R326.8 Entrapment avoidance.
Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
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R326.9 Barriers around decorative pools, fountains, and ponds.
Decorative pools, fountains, and ponds which can contain water deeper than 24 inches
(610 mm), shall be protected by barriers installed in accordance with section AG105.2.
(44) A new Section R327 Resource Efficiency is hereby added to read as follows:
R327 Resource Efficiency
R327.1 Construction waste management. For new buildings, and additions over 2,500
square feet or remodels over 2,500 square feet a construction waste management plan
acceptable to the building official that includes recycling of concrete and masonry, wood,
metals and cardboard, is required at time of application for a building permit. The
construction waste management plan shall be implemented and conspicuously posted on
the construction site. Compliance shall be certified by the hauler through receipts and
signed affidavits. Substantive changes to the plan shall be subject to prior approval by the
building official.
R327.1.1 Building demolitions. Buildings or portions of buildings which are removed
shall be processed in such a way as to safely remove all asbestos and lead paint
contaminants. All metals, asphalt, concrete and masonry that are free of asbestos and lead
paint shall be recycled, and where possible, all remaining materials, such as doors,
windows, cabinets, fixtures, and wood, shall be recycled. A construction waste
management plan shall be submitted at time of demo permit. Compliance with the
CWMP shall be certified by the hauler through receipts and signed affidavits.
(45) A new Section R328 Indoor Environmental Quality hereby added to read as follows:
R328 Indoor Environmental Quality (IEQ)
R328.1 Low-volatile organic compound (VOC) materials. Construction materials,
floor coverings and site applied finishes, including sealants and adhesives, resilient
flooring, carpeting and pad, site-applied paints, stains and varnishes, structural wood
panels, hardwood veneer plywood, particle board and fiber board building products, and
insulation shall meet specified volatile organic compound (VOC) emissions limits in
accordance with California Department of Public Health (CDPH) 01350;
GREENGUARD Environmental Institute GGPS.001 standard for building materials and
finishes; and Green Seal® standards. Documentation demonstrating compliance be
required with delivery of such materials and shall be available for inspection.
Exception: For alterations to existing buildings, carpeting and pad, structural wood
panels, hardwood, veneer plywood, particle board and fiber board building products and
insulation are not subject to this requirement.
(46) A new Section R329 Outdoor Environmental Quality is hereby added to read as follows:
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R329 Outdoor Environmental Quality (OEQ)
R329.1 Exterior lighting. All exterior lighting fixtures associated with new buildings
shall have the “Fixture Seal of Approval” from the International Dark-Sky Association
(IDA) or meet equivalent criteria approved by the building official. Lighting placement
shall conform to IDA Model Lighting Ordinance for Lighting Zone LZ-1. Light shall be
shielded such that the lamp itself or the lamp image is not directly visible outside the
property perimeter.
(47) A new Section R330 Operations and Maintenance and Building Owner Education is
hereby added to read as follows:
R330 Operations and Maintenance and Building Owner Education
R330.1 Operations and maintenance. In new buildings, operation and maintenance
information addressing all installed systems shall be provided for the building owner.
(48) Section R401.1 Application is hereby retained in its entirety with the following
amendments:
R401.1 Application. The provisions of this chapter shall control the design and
construction of the foundation and foundation spaces for all buildings. In addition to the
provisions of this chapter, the design and construction of foundations in areas prone to
flooding as established by Table R301.2(1) shall meet the provisions of Section R322.
All foundations shall be designed by a qualified professional licensed in the State of
Colorado. Such designs shall be performed in accordance with accepted and approved
engineering practices, including considerations for soil load-bearing capacities, surface
and subsurface water conditions, adequate foundation and floor drainage, adequate
ventilation of enclosed interior foundation spaces, and foundation waterproofing and
damp-proofing. Final engineer’s reports, indicating his/her acceptance of the above
requirements, shall be submitted to the building official prior to the issuance of the
Certificate of Occupancy.
Exceptions:
1. When approved by the building official, engineering is not required on
foundations for non-habitable detached accessory buildings, or habitable additions of less
than 120 sq. ft., when such structures are unlikely to be located on expansive,
compressible, or shifting soils, soils of unknown characteristics, or for other valid
reasons.
2. The provisions of this chapter shall be permitted to be used for wood foundations
only in the following situations:
a. In buildings that have no more than two floors and a roof.
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b. Where interior basement and foundation walls are constructed at intervals
not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D0, D1 or D2 shall be designed in
accordance with accepted engineering practice.
(49) A new Section, R401.5 Placement of backfill is hereby added to read as follows:
R401.5 Placement of backfill. The excavation outside the foundation, including utility
trenches and excavation ramp, shall be backfilled with soil that is substantially free of
organic material, construction debris and cobbles, boulders, and solid soil masses larger
than 6 inches (152 mm) diameter; or of frozen soil. The backfill shall be placed in lifts
and compacted as set forth in the engineering documents. The backfill shall be placed in a
manner that does not damage the foundation or the waterproofing or damp-proofing
material. Excavation ramps shall be backfilled in such a manner that the ramp does not
become a conduit for surface water to flow toward the foundation. Where excavations
include more than one house, a specially engineered drainage system may be required by
the building official.
(50) Section R403.1.4.1Frost protection is hereby retained in its entirety with the following
amendments:
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation
walls, piers and other permanent supports of buildings and structures shall be protected
from frost by one or more of the following methods:
1. Extended below the frost line specified in Table R301.2. (1).
2. Constructed in accordance with Section R403.3.
3. Constructed in accordance with ASCE 32.
4. Erected on solid rock.
Exceptions:
1. Protection of freestanding unconditioned accessory structures with an area of 600
square feet (56 m2) or less, of light-frame construction, with an eave height of 10
feet (3048 mm) or less shall not be required.
2. Protection of freestanding unconditioned accessory structures with an area of 400
square feet (37 m2) or less, of other than light-frame construction, with an eave
height of 10 feet (3048 mm) or less shall not be required.
3. Decks not supported by a dwelling need not be provided with footings that extend
below the frost line.
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Footings shall not bear on frozen soil unless the frozen condition is permanent.
(51) Section R405.1 Concrete or masonry foundations, is hereby retained in its entirety,
including Table 405.1, with the following amendments:
R405.1 Concrete or masonry foundations. Drains consisting of piping conforming
with ASTM Designation D2729-89 shall be provided adjacent to the lowest concrete or
masonry foundations that retain earth and enclose spaces that are partially or entirely
located below grade. Unless perimeter drains are designed to daylight, they shall
terminate in sump pits with an electrical power source permanently installed within 36
inches (914 mm) of the sump opening. Piping for sump pumps shall discharge at least 60
inches (1524 mm) away from foundations or as otherwise approved by the building
official. Drains shall be installed in bedding materials that are of such size and installed
in such manner to allow ground water to seep into the perimeter drain. Filter fabric or
other measures to restrict the passage of fines shall be used to further protect the
perimeter drain from blockage.
Exception: A drainage system is not required when the engineer of record has
determined that the foundation is installed on well-drained ground or sand gravel mixture
soils according to the Unified Soil Classification System, Group I Soils, as detailed in
Table R405.1.
…
(52) A new Section R405.3 Landscape irrigation, is added to read as follows:
R405.3 Landscape irrigation. Landscape irrigation systems, other than drip systems,
shall be installed such that the ground surface within 60 inches (1524 mm), measured
perpendicular from the foundation, is not irrigated.
(53) Section R408.1Ventilation is hereby deleted in its entirety and the following is hereby
added in lieu thereof:
R408.1 Crawl space soil gas retarder. All exposed earth in a crawl space shall be
covered with a minimum 3 mil cross-linked Class I vapor retarder. Joints of the vapor
retarder shall overlap by 6 inches (152 mm) and shall be sealed or taped. The edges of
the vapor retarder shall extend at least 6 inches (152 mm) up the perimeter stem wall and
any footing pads on grade, and be permanently attached and sealed to the stem wall or
footing pads. Reference adopted Appendix F of this code.
(54) Section R408.2 Openings for under-floor ventilation is hereby deleted in its entirety and
the following is hereby added in lieu thereof:
R408.2 Crawl space. Crawl spaces shall be designed and constructed to be inside the
building thermal envelope, in accordance with the insulation and air sealing requirements
for crawl space walls and rim joists of Section N1102 of this code. Crawl spaces shall not
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be vented to the exterior. They shall be conditioned using one of the following
approaches:
1. Continuously operated mechanical exhaust ventilation at a rate equal to 1 cubic
foot per minute (0.47 L/s) for each 50 square feet (4.7m2) of crawlspace floor
area, including an air pathway to the common area (such as a duct or transfer
grille);
2. Conditioned air supply sized to deliver at a rate equal to 1 cubic foot per minute
(0.47 L/s) for each 50 square feet (4.7 m2) of under-floor area, including a return
air pathway to the common area (such as a duct or transfer grille);
3. Plenum in existing structures complying with Section M1601.5, if under-floor
space is used as a plenum.
Exception: Crawl spaces shall be permitted to be designed and constructed as
unconditioned spaces, outside the building thermal envelope, provided the following
requirements are met:
1. The floor above the crawl space is part of the building thermal envelope. It shall
meet the insulation requirements of Table N1102.1.1 of this code and shall be air-
sealed in accordance with Section N1102.4.1 of this code.
2. Ventilation openings shall be placed through foundation walls or exterior walls.
The minimum net area of ventilation openings shall not be less than 1 square foot
(0.0929 m2) for each 1,500 square feet (140 m2) of under-floor space area. One
such ventilating opening shall be within 3 feet (914 mm) of each corner of the
building.
3. Ventilation openings shall be covered for their height and width with any of the
following materials provided that the least dimension of the covering shall not
exceed 1/4 inch (6.4 mm):
a. Perforated sheet metal plates not less than 0.070 inch (1.8 mm) thick.
b. Expanded sheet metal plates not less than 0.047 inch (1.2 mm) thick.
c. Cast-iron grill or grating.
d. Extruded load-bearing brick vents.
e. Hardware cloth of 0.035 inch (0.89 mm) wire or heavier.
f. Corrosion-resistant wire mesh, with the least dimension being 1/8 inch
(3.2 mm) thick.
4. The installation of operable louvers shall not be prohibited.
(55) A new Section R408.2.1 Ventilated under-floor spaces, is hereby added to read as
follows:
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R408.2.1 Ventilated under-floor spaces. Floor systems above ventilated under-floor
spaces or floors open to the exterior or floors above an unconditioned space below shall
be insulated to R-30. Floor system shall be sealed to prevent heat loss and air infiltration.
(56) Section R408.3 Unvented crawl space 3 is hereby retained in its entirety with the
following amendments:
R408.3 Unvented crawl space. Ventilation openings in under-floor spaces specified in
Sections R408.1 and R408.2 shall not be required where the following items are
provided:
1. Exposed earth is covered with a continuous Class I vapor retarder. Joints of the
vapor retarder shall overlap by 6 inches (152 mm) and shall be sealed or taped.
The edges of the vapor retarder shall extend not less than 6 inches (152 mm) up
the stem wall and shall be attached and sealed to the stem wall or insulation.
2. One of the following is provided for the under-floor space:
2.1. Continuously operated mechanical exhaust ventilation at a rate equal to 1
cubic foot per minute (0.47 L/s) for each 50 square feet (4.7m2) of crawl space
floor area, including an air pathway to the common area (such as a duct or transfer
grille), and perimeter walls insulated in accordance with N1102.2.11 of this code.
2.2. Conditioned air supply sized to deliver at a rate equal to 1 cubic foot per
minute (0.47 L/s) for each 50 square feet (4.7 m2) of under-floor area, including a
return air pathway to the common area (such as a duct or transfer grille), and
perimeter walls insulated in accordance with Section N1102.2.11 of this code.
2.3. Plenum in existing structures complying with Section M1601.5, if under-floor
space is used as a plenum.
3. The perimeter walls enclosing un-vented crawl spaces shall be thermally insulated
to R-15 continuous insulation or R-19 batt insulation in accordance with Table
N1102.1.2.
(57) A new Section R408.3.1 Spaces under below-grade floors, is hereby added to read as
follows:
R408.3.1 Spaces under below-grade floors. Mechanical ventilation systems for spaces
under below-grade floors shall be installed as designed by a professional engineer.
Exception: Below grade floors designed specifically to accommodate soils expansion
and less than 18 inches in depth.
(58) A new Section R703.8.1Fenestration Installation is hereby added to read as follows:
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R703.8.1 Fenestration installation. For all new construction, all fenestration
installations shall be in accordance with American Architectural Manufacturers
Association (AAMA) Standards/ Specifications for Windows, Doors and Skylights and
shall be supervised or inspected by an individual certified as an Installation Master or by
one having attended training by the manufacturer of the specific window product being
installed. Fenestration perimeter flashing shall be installed per Installation Masters
Chapter 16 Method A or A1, including either rigid or flexible sill pan flashing.
(59) A new Section R703.11.1.5 Vinyl siding on new buildings is hereby added to read as
follows:
Section R703.11.1.5 Vinyl siding on new buildings. Vinyl siding on new buildings shall
be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both
the vertical and horizontal plane.
(60) A new Section R703.13.2 Insulated vinyl siding on new buildings is hereby added to
read as follows:
Section R703.13.2 Insulated vinyl siding on new buildings. Insulated vinyl siding on
new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire
exposure, in both the vertical and horizontal plane.
(61) A new Section R703.14.3 Polypropylene siding on new buildings is hereby added to
read as:
R703.14.3 Polypropylene siding on new buildings. Polypropylene on new buildings
shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in
both the vertical and horizontal plane.
(62) Section R902.1 Roofing Covering Materials is hereby retained in its entirety with the
following amendments:
R902.1 Roofing covering materials.
Except as otherwise allowed, roofs shall be covered with materials listed as Class A and
with materials as set forth in Sections R904 and R905. Classes A, B and C roofing
required to be listed by this Section shall be tested in accordance with UL 790 or ASTM
E 108. Roof assemblies with coverings of brick, masonry, slate, clay or concrete roof tile,
exposed concrete roof deck, ferrous or copper shingles or sheets, and metal sheets and
shingles, shall be considered Class A roof coverings.
Exception: Any Class B or Class C roof covering may be applied on any new
construction that is added to an existing building, provided the roof extremities of such
existing building and new construction are located a minimum distance of 5 feet (1.524
m) from the nearest adjacent property line and are a minimum distance of 10 feet (3.048
m) from another building.
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(63) Section R903.2.2 Crickets and saddles is hereby retained in its entirety with the
following amendments:
R903.2.2 Crickets and saddles. A cricket or saddle shall be installed on the ridge side of
any chimney or penetration more than 18 inches (457 mm) wide as measured
perpendicular to the slope. Cricket or saddle coverings shall be sheet metal or of the same
material as the roof covering.
Exceptions:
1. Unit skylights installed in accordance with Section R308.6 and flashed in
accordance with the manufacturer’s instructions shall be permitted to be installed without
a cricket or saddle.
2. Re-roofing per Section R907.
(64) Section R905.1.2 Ice barriers is hereby retained in its entirety with the following
amendments:
R905.1.2 Ice barriers. In areas where there has been a history of ice forming along the
eaves causing a backup of water as designated in Table R301.2(1), an ice barrier shall be
installed for asphalt shingles, metal roof shingles, mineral-surfaced roll roofing, slate and
slate-type shingles, wood shingles and wood shakes. The ice barrier shall consist of not
fewer than two layers of underlayment cemented together, or a self-adhering polymer-
modified bitumen sheet shall be used in place of normal underlayment and extend from
the lowest edges of all roof surfaces to a point not less than 12 inches (304 mm) inside
the exterior wall line of the building. On roofs with slope equal to or greater than 8 units
vertical in 12 units horizontal, the ice barrier shall also be applied not less than 36 inches
(914 mm) measured along the roof slope from the eave edge of the building.
Exceptions:
1. Detached accessory structures not containing conditioned floor area.
2. Re-roofing where the existing roof covering has not been removed.
(65) Section R905.2.1 Sheathing requirements is hereby retained in its entirety with the
following amendments:
R905.2.1 Sheathing requirements Asphalt shingles shall be fastened to solidly sheathed
decks. Gaps in the solid decking shall not exceed 1/8 inch.
(66) Section R908.1 General is hereby retained in its entirety with the following amendments:
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R908.1 General. Materials and methods of application used for recovering or replacing
an existing roof covering shall comply with the requirements of Chapter 9. No portion of
an existing nonrated roof covering may be permanently replaced or covered with more
than one square of nonrated roof covering.
Exceptions:
1. Reroofing shall not be required to meet the minimum design slope requirement of
one-fourth vertical in 12 units horizontal (2-percent slope) in Section R905 for
roofs that provide positive roof drainage.
2. For roofs that provide positive drainage, re-covering or replacing an existing roof
covering shall not require the secondary (emergency overflow) drains or scuppers
of Section R903.4.1 to be added to an existing roof.
3. Any existing roof covering system may be replaced with a roof covering of the
same materials and classification, provided the replacement roof covering has a
minimum rating of Class C.
(67) Section R1004.1 General is hereby retained in its entirety with the following
amendments:
Factory-built fireplaces shall be listed and labeled and shall be installed in accordance
with the conditions of the listing. Factory-built fireplaces shall be tested in accordance
with UL 127. Solid fuel fireplaces, fireplace stoves and solid-fuel-type room heaters
shall also comply with Section 5-110 of the City Code and shall be provided with a spark
arrestor.
(68) Section R1004.4 Unvented Gas log heaters is hereby deleted in its entirety.
(69) A new Section N1101.1.1 Thermal design parameters is hereby added to read as
follows:
N1101.1.1 Thermal design parameters. The following thermal design parameters in
Table N1101.1 shall be used for calculations required under this chapter.
TABLE N1101.1
THERMAL DESIGN PARAMETERS
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Winter Outdoor, Design Dry-bulb (oF) = 6
Winter Indoor, Design Dry-bulb (oF) = 72
Summer, Outdoor Design Dry-bulb (oF) = 90
Summer, Indoor Design Dry-bulb (oF) = 75
Summer, Outdoor Design Wet-bulb (oF) = 62
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Summer, Indoor Design Wet-bulb (oF) = 62
Degree Days heating = 5710
Degree days cooling = 694
For SI: C = [(F)-32]/1.8.
Note: based on the 2013 Colorado Climate Center analysis.
(70) Section N1101.5 (R103.2) Information on construction documents, is hereby kept
and preserved in its entirety with the following amendments:
N1101.5 ( R103.2) Information on construction documents. Construction documents
for all buildings shall describe the exterior wall envelope in sufficient detail to determine
compliance with this code. When applicable as determined by the building official,
construction documents submitted as part of the building permit application shall provide
details of the exterior wall envelope as required, including flashing, intersections of
dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or
parapets, means of drainage, water-resistive membrane, and details around openings.
The construction documents shall include manufacturing installation instructions that
provide supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the exterior
wall envelope. The supporting documentation shall fully describe the exterior wall
system which was tested, where applicable, as well as the test procedure used.
Construction documents shall be drawn to scale upon suitable material. Electronic media
documents are permitted to be submitted when approved by the building official.
Construction documents shall be of sufficient clarity to indicate the location, nature and
extent of the work proposed, and shows in sufficient detail pertinent data and features of
the building, systems and equipment as herein governed. Details shall include, but are not
limited to, as applicable,
1. insulation materials and their R-values;
2. fenestration schedule listing sizes, U-factors and SHGCs;
3. area-weighted U-factor and SHGC calculations;
4. mechanical system design criteria;
5. mechanical and service water heating system and equipment types, sizes and
efficiencies;
6. economizer description;
67. equipment and systems controls;
8. fan motor horsepower (hp) and controls;
79. duct sealing, duct and pipe insulation and location;
10. lighting fixture schedule with wattage and control narrative; and
811. air sealing details.
(71) Table N1102.1.2 (Table R402.1.2) Insulation and fenestration requirements by
component is hereby retained in its entirety with the following amendments:
TABLE N1102.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
a
Fort Collins is in Climate Zone 5
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CLIMATE ZONE
HEATING
SYSTEM
TYPE
FENESTRATION
U-FACTORb
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGC
CEILING
R-
VALUE
WOOD
FRAME
WALL
R-VALUE
f g
MASS
WALL
R-
VALUEg
FLOOR
R-
VALUE
e
BASEMENTc
WALL
R-VALUE
SLABd
R-
VALUE
&
DEPTH
CRAWLc
SPACE
WALL
R-
VALUE
Non-
Electric heat
0.32 0.55 NR 49 20 or
13 + 5
13/17 30 10/13h
15/19i
10,2
ft
10/13h
15/19i
Electric heat
0.30 0.55 NR 49 20+5 15/19 30 15/19 10,3
ft
15/19
For SI: 1 foot = 304.8mm
a. R-values are minimums. U-factors and SHGC are maximums. R-19 batts compressed into a nominal 2x6
framing cavity such that the R-value is reduced by R-1 or more shall be marked with the compressed batt R-value in
addition to the full thickness R-value.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
33
1. cavity insulation in exterior walls that include continuous rigid insulating
sheathing and/or insulated siding with a minimum R-5 value; and
2. rim joist.
(74) Section N1102.2.1 (R402.2.1) Ceilings with attic spaces is hereby retained in its entirety
with the following amendments:
N1102.2.1 (R402.2.1) Ceilings with attic spaces
1. Where Section R1102.1.2 would require R-38 insulation in the ceiling, installing
R-30 over 100 percent of the ceiling area requiring insulation shall be deemed to
satisfy the requirement for R-38 wherever the full height of uncompressed R-30
insulation extends over the wall top plate at the eaves. Similarly, where Section
R1102.1.2 would require R-49 insulation in the ceiling, installing R-38 over 100
percent of the ceiling area requiring insulation shall be deemed to satisfy the
requirement for R-49 insulation wherever the full height of uncompressed R-38
insulation extends over the wall top plate at the eaves. This reduction shall not
apply to the U-factor alternative approach in Section R1102.1.4 and the total UA
alternative in Section R1102.1.5.
2. (Mandatory) At the eaves, the insulation extending over the exterior wall top plate
shall be R-19 minimum.
Exception: In remodels of existing buildings, R-10 shall be installed over top plates
where the top plates are exposed during the remodel.
(75) Section N1102.2.3 (R402.2.3) Eave baffles is hereby retained in its entirety with the
following amendments:
N1102.2.3 (R402.2.3) Eave baffles and blocks (Mandatory). For air permeable
insulations in vented attics with ventilation from open or box soffits, a baffle shall be
installed to provide ventilation from the soffit to the attic adjacent to each soffit or eave
vent. In the case of continuous soffit vents, enough baffles shall be installed to maintain
the required attic ventilation from the soffit. Baffles shall maintain an opening equal or
greater than the size of the vent. The ventilation baffles shall extend over the top of the
attic insulation between rafters or trusses, maintaining a minimum 1” clear opening
below the roof deck and sufficient space for the minimum depth of attic insulation. The
baffle shall be permitted to be any solid material. All other spaces between rafters or
trusses shall be blocked full height, at the outside edge of the exterior wall top plate, with
air impermeable materials.
(76) A new Section N1102.2.7.1 (R402.2.8.1) Rim insulation requirements is hereby added
to read as follows:
N1102.2.7.1 (R402.2.8.1) Rim insulation requirements All rim plates and rim joist that
are part of the thermal envelope shall be air-sealed. All rim plates and rim joist that are
part of the thermal envelope shall be insulated using spray foam materials to R-15
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minimum when the basement walls are insulated to 10/13 in accordance with Table
N1102.1.2. Where spray foam insulation is not used at the rim joist and adjoining plates,
the rim joists and adjoining plates shall be insulated to minimum R-19.
(77) Section N1102.4.1.2 (R402.4.1.2) Testing is hereby retained in its entirety with the
following amendments:
N1102.4.1.2 (R402.4.1.2) Testing. The building or individual dwelling units shall be
tested and verified as having an air leakage rate of not exceeding 3 air changes per hour.
Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50
Pascals) in accordance with Section 802 of the RESNET Mortgage Industry National
Home Energy Rating Standards or City of Fort Collins Building Code Protocol for New
Multifamily Building Air Tightness Testing in duplex or townhomes. Where required by
the building official, testing shall be conducted by an approved third party. A written
report of the results of the test shall be signed by the party conducting the test and
provided to the building official. Isolation of attached garages from adjoining
conditioned areas shall be verified in accordance with City of Fort Collins protocols.
Testing shall occur after rough-in and after installation of penetrations of the building
thermal envelope, including but not limited to penetrations for utilities, plumbing,
electrical, ventilation and combustion appliances.
General requirements during testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed, beyond the intended weather-stripping or other infiltration control
measures;
2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall
be closed, but not sealed beyond intended infiltration control measures;
3. Interior doors, if installed at the time of the test, shall be open;
4. Exterior doors for continuous ventilation systems and heat recovery ventilators
shall be closed and sealed;
5. Heating and cooling systems, if installed at the time of the test, shall be turned
off;
6. Supply and return registers, if installed at the time of the test, shall be fully open;
7. Combustion air inlets shall not be closed or otherwise obstructed; and
8. Garage doors to the exterior shall be closed.
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In additions or alterations to existing buildings, air sealing compliance shall be
considered acceptable when the items listed in Table N1102.4.1.1, applicable to the
method of construction, are field-verified.
(78) Section N1102.5 Maximum fenestration U-factor and SHGC (Mandatory) is hereby
deleted in its entirety and the following is hereby added in lieu thereof:
N1102.5 (R402.5) Maximum fenestration U-factor and SHGC (Mandatory). For new
construction and additions that require a building permit, the area-weighted average
maximum fenestration U-factor permitted using trade-offs from Section N1102.1.4 or
N1105 shall be 0.40 for vertical fenestration, and 0.75 for skylights.
(79) Section N1103.3.1 (R403.3.1) Insulation is hereby retained in its entirety with the
following amendments:
N1103.3.1 (R403.3.1) Insulation (Mandatory). Supply and return ducts in attics shall be
insulated to a minimum of R-8 where 3 inches (76.2 mm) in diameter and greater and R-6
where less than 3 inches (76.2 mm) in diameter. Supply and return ducts in other portions
of the building shall be insulated to a minimum of R-6 where 3 inches (76.2 mm) in
diameter or greater and R-4.2 where less than 3 inches (76.2 mm) in diameter.
Exception: Ducts or portions thereof located completely inside the building thermal
envelope.
(80) Section N1104.1 (R404.1) Lighting equipment is hereby retained in its entirety with the
following amendments:
N1104.1 (R404.1) Lighting equipment (Mandatory). A minimum of 75 percent of the
lamps in permanently installed lighting fixtures shall be high-efficacy lamps or a
minimum of 50 percent of the permanently installed lighting fixtures shall contain only
LED lamps.
(81) Section N1105.1 (R405.1)Scope is hereby retained in its entirety with the following
amendments:
N1105.1 (R405.1) Scope. This section establishes criteria for compliance using simulated
energy performance analysis. Such analysis shall include heating, cooling, and service
water heating energy only.
Exception: In addition to all Mandatory sections, new buildings, additions, or alterations
where the primary heat source is electrical shall comply with prescriptive portions of the
code.
(82) Section M1307.3 Elevation of ignition source is hereby retained in its entirety with the
following amendments:
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M1307.3 Elevation of ignition source. Electrical devices, equipment and appliances
having an ignition source shall be elevated such that the source of ignition is not less than
18 inches (457 mm) above the floor in garages. For the purpose of this section, rooms or
spaces that are not part of the living space of a dwelling unit and that communicate with a
private garage through openings shall be considered to be part of the garage.
Exception: Elevation of the ignition source is not required for appliances that are listed
as flammable-vapor-ignition resistant.
(83) A new Section M1309 Testing and verification is hereby added to read as follows:
M1309 Testing and verification. Installed heating, cooling and ventilation systems
shall be performance-tested and adjusted to operate within design specifications, in
accordance with ANSI/ACCA QI 5-2010 HVAC Quality Installation Specification.
Documentation of results shall be submitted to the building official prior to the issuance
of the Certificate of Occupancy.
(84) Section M1401.3 Equipment and appliance sizing is hereby deleted in its entirety and
the following is hereby added in lieu thereof:
M1401.3 Heating and cooling system design. The design of new heating and cooling
systems shall meet the requirements of this Section. Design documents shall be
submitted to the building official at the time of application for a building permit.
M1401.3.1 Equipment sizing. Heating and cooling equipment shall be sized in
accordance with ACCA Manual S, based on design building loads calculated in
accordance with ACCA Manual J, or other equivalent methodology approved by the
building official, using thermal design parameters in Table N1101.1 as amended. The
total equipment output capacity shall be between the following limits, as applicable for
the equipment type:
1. 95% and 115% of calculated system cooling load, for air conditioners and heat
pumps;
2. 95% and 125% of calculated system cooling load, for heat pumps with winter
heating dominated requirements;
3. 100% and 140% of calculated system heating load, for warm air systems, unless
dictated by the cooling equipment selection; and
4. 100% and 115% of calculated system heating load, for heating boilers.
Where no available equipment is within the applicable capacity limits, the next largest
nominal piece of equipment that is available may be used.
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M1401.3.2 Room loads. Room-by-room design heating and cooling loads shall be
calculated.
M1401.3.3 Matched components. Air-conditioning, Heating and Refrigeration Institute
(AHRI) matched evaporators, condensing units and air handlers shall be required.
(85) Section, M1414.1 General is hereby retained in its entirety with the following
amendments:
M1414.1 General. Fireplace stoves shall be listed, labeled and installed in accordance
with the terms of the listing. Fireplace stoves shall be tested in accordance with UL 737.
Wood burning appliances shall meet the latest emission standards as stated by the State of
Colorado and Federal Regulation 40 CFR Part 60, Subpart AAA.
(86) Section M1501.1 Outdoor discharge is hereby retained in its entirety with the following
amendments:
M1501.1 Outdoor discharge. The air removed by every mechanical exhaust system
shall be discharged to the outdoors such that the exhaust termination is at least 10 feet
(3048 mm) from intakes of other mechanical ventilating systems. Air shall not be
exhausted into an attic, soffit, ridge vent or crawl space.
Exception: Whole-house ventilation-type attic fans that discharge into the attic space of
dwelling units having private attics shall be permitted.
(87) A new Section M1501.2 Indoor depressurization is hereby added to read as follows:
M1501.2 Indoor depressurization. Ducted exhaust systems shall not induce or create a
negative pressure sufficient to cause back-drafting of naturally vented, open combustion-
chamber, fuel-burning appliances, or create negative pressure in excess of negative 3 Pa.
in the immediate proximity of combustion chambers of such appliances.
(88) Section M1502.4.5.2 Manufacturer’s instructions, is hereby deleted in its entirety.
(89) Section M1507.3 Whole-house mechanical ventilation system is hereby deleted in its
entirety and the following is hereby added in lieu thereof:
M1507.3 Whole-dwelling unit mechanical ventilation system. For new buildings, a
mechanical exhaust system, supply system, or combination thereof shall be installed for
each dwelling unit to provide whole-dwelling unit ventilation. Such system shall comply
with Sections M1507.3.1 through M1507.3.4.
M1507.3.1 Whole-dwelling unit mechanical ventilation rate. The whole-dwelling unit
mechanical ventilation system shall provide outdoor air at a continuous rate of not less
than that determined in accordance with Table M1507.3.3(1).
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Exception: The whole-dwelling unit mechanical ventilation system is permitted to
operate intermittently where the system has controls that enable operation for not less
than 25-percent of each 4-hour segment and the ventilation rate prescribed in Table
M1507.3.3(1) is multiplied by the factor determined in accordance with Table
M1507.3.3(2).
M1507.3.2 System design. The design of the required whole-dwelling unit mechanical
ventilation system shall comply with the requirements of this Section. System design
documents shall be submitted to the building official at the time of application for a
building permit.
M1507.3.2.1 System type. The system shall consist of one or more supply or exhaust
fans, or a combination thereof, and associated ducts and controls. Exhaust fans shall be
permitted to be part of a mechanical exhaust system. Outdoor air ducts connected to the
return side of an air handler shall be considered to provide supply ventilation.
M1507.3.2.2 Outdoor air intakes. Outdoor air intakes shall have automatic dampers that
close when the ventilation system is not operating.
M1507.3.2.3 Exhausts. Exhausts shall have gravity dampers that close when the
ventilation system is not operating.
M1507.3.2.4. Air circulation fan motors. Motors for air circulation fans used in the
ventilation system, rated at one-quarter horsepower or greater, shall meet at least one of
the following criteria:
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1. Where the furnace serves as an air handler for the ventilation system, the furnace
shall be certified as an “Electrically Efficient Furnace” by the Air-conditioning,
Heating and Refrigeration Institute (AHRI).
2. The blower motor shall be specified as a “Brushless DC” (BL or BLDC) motor by
the manufacturer.
3. The blower motor shall be specified as “Brushless Permanent Magnet” (BPM)
motor.
4. The blower motor shall be specified as “Electronically Commutated Motor”
(ECM)”.
5. The blower shall meet equivalent criteria acceptable to the building official.
M1507.3.2.5. System controls. The mechanical ventilation system shall be provided
with readily accessible and labeled controls that enable occupant override.
M1507.3.2.6. Sound ratings for fans. Whole-dwelling unit mechanical ventilation fans
shall be rated for sound at a maximum of 1.5 sones, in accordance with the procedures of
the Home Ventilating. Institute (HVI 915, Procedure for Loudness Rating of Residential
Fan Products).
Exception: Heating, ventilating and air conditioning air handlers and remote-mounted
fans need not meet sound requirements. To be considered for this exception, a remote-
mounted fan must be mounted outside the habitable spaces, bathrooms, toilets and
hallways, and there must be a least 4 ft (1 m) of ductwork between the fan and the intake
grille.
M1507.3.3 System installation. The installation of the whole-dwelling unit mechanical
ventilation system and equipment shall be carried out in accordance with the
manufacturers’ design requirements and installation instructions.
M1507.3.4 Performance verification. Performance of installed mechanical ventilation
systems shall be verified in accordance with Section M1309.
(90) Section M1601.1 Duct design is hereby retained in its entirety with the following
amendments:
M1601.1 Duct design. Duct systems serving heating, cooling and ventilation equipment
in new buildings or new systems in additions shall be designed and fabricated in
accordance with the provisions of this section and ACCA Manual D or other approved
methods.
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(91) Section M1601.1.1 Above-ground duct systems, is hereby retained in its entirety with the
exception of subsection 7 (including subsections 7.1 through 7.5), which is stricken in its
entirety.
(92) A new Section, M1601.4.11 Construction debris and contamination is hereby added to
read as follows:
M1601.4.11 Construction debris and contamination. Mechanical air-handling systems
and their related ducts shall be protected from the entrance of dirt, debris, and dust during
the construction and installation process. Prior to passing final inspection or issuance of a
Certificate of Occupancy, such systems shall be substantially free of construction-related
contaminants.
(93) Section M1602.2 Return air openings is hereby retained in its entirety with the following
amendments:
M1602.2 Return air openings. A return air path shall be provided in all habitable rooms
by means of ducts or transfer grills. Return air openings for heating, ventilation and air
conditioning systems shall comply with all of the following:
1. Openings shall not be located less than 10 feet (3048 mm) measured in any
direction from an open combustion chamber or draft hood of another appliance
located in the same room or space.
2. The amount of return air taken from any room or space shall be not greater than
the flow rate of supply air delivered to such room or space.
3. Return and transfer openings shall be sized in accordance with the appliance or
equipment manufacturers’ installation instructions, Manual D or the design of the
registered design professional.
4. Return air shall not be taken from a closet, bathroom, toilet room, kitchen, garage,
mechanical room, boiler room, furnace room or unconditioned attic.
Exceptions:
1. Taking return air from a kitchen is not prohibited where such return air openings
serve the kitchen only, and are located not less than 10 feet (3048 mm) from the
cooking appliances.
2. Dedicated forced-air systems serving only the garage shall not be prohibited from
obtaining return air from the garage.
3. Taking return air from an unconditioned crawl space shall not be accomplished
through a direct connection to the return side of a forced-air furnace. Transfer
openings in the crawl space enclosure shall not be prohibited.
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4. Return air from one dwelling unit shall not be discharged into another dwelling
unit.
(94) Section G2404.3 (301.3) Listed and labeled is hereby retained in its entirety with the
following amendments:
G2404.3 (301.3) Listed and labeled. Appliances regulated by this code shall be listed
and labeled for the application in which they are used unless otherwise approved in
accordance with Section R104.11.”
(95) Section G2406.2 (303.3) Prohibited locations is hereby retained in its entirety with the
exception of subsections 3 and 4 which are stricken in their entirety.
(96) A new Section G2406.4 (303.5.1) Natural Draft Appliances locations, is hereby added
to read as follows:
G2406.4 Natural Draft Appliances locations. For new buildings and new appliance or
new HVAC systems installed within additions, natural draft appliances shall not be
located within the building thermal envelope or be located in a space where the only
access to that space is from sleeping rooms, bathrooms, toilet rooms, storage closets, or
surgical rooms.
Exceptions:
1. Where natural draft appliances are located in an enclosed mechanical room and
sealed to air flow from adjoining conditioned area and the following conditions
are met:
a. The access to the mechanical room is through a self-closing, gasketed
door;
b. No other exhaust appliances are located within the mechanical room;
c. The mechanical room is provided with outside combustion air as specified
in this code;
d. The isolation of the mechanical room from adjoining conditioned areas is
verified with a differential-pressure test not exceeding 45 Pascals,
performed by approved licensed contractors;
e. Such natural draft appliances pass a combustion safety test under worst-
case depressurization conditions in accordance with Building Performance
Institute (BPI) Technical Standards for the Heating Professional; and
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f. Documentation of satisfactory testing results are submitted to the building
official prior to final approval.
2. Natural draft fireplaces that pass a combustion safety test, under worst-case
depressurization conditions, performed by approved licensed contractors and
conducted in accordance with the Building Performance Institute (BPI) Technical
Standards for the Heating Professional, prior to final approval.
(97) Section G2407.11 (304.11) Combustion air ducts is hereby retained in its entirety with
the following amendments:
G2407.11(304.11)Combustion air ducts. Combustion air ducts shall comply with all of
the following:
1. Ducts shall be constructed of galvanized steel complying with Chapter 16 or of a
material having equivalent corrosion resistance, strength and rigidity.
Exception: Where the installation of galvanized steel ducts is not practical due to
existing finish materials within dwelling units that are undergoing alteration or
reconstruction, unobstructed stud and joist spaces shall not be prohibited from conveying
combustion air, provided that not more than one required fireblock is removed.
…
9. All combustion air openings or ducts shall be readily identifiable with an
approved label or by other means warning persons that obstruction of such
openings or ducts may cause fuel-burning equipment to release combustion
products and dangerous levels of carbon monoxide into the building.
…
(98) Section G2408.1 (305.1) General is hereby retained in its entirety with the following
amendments:
G2408.1(305.1) General. Equipment and appliances shall be installed as required by the
terms of their approval, in accordance with the conditions of listing, the manufacturer's
instructions and this code. Manufacturer's installation instructions shall be available on
the job site at the time of inspection. Where a code provision is less restrictive than the
conditions of the listing of the equipment or appliance or the manufacturer's installation
instructions, the conditions of the listing and the manufacturer's installation instructions
shall apply.
Where natural draft appliances are replaced in existing buildings, all appliances with a
draft hood shall have a Combustion Safety Test (CST) performed under first, the worst-
case conditions and secondly, under natural conditions. The CST shall be performed by
licensed contractors in accordance with the Building Performance Institute (BPI)
Technical Standards for the Heating Professional. If the test passes under the worst-case
conditions, no further testing is required. If the appliance fails the worst-case conditions
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proceed to the natural conditions test. Appliances that fail the natural conditions test shall
be repaired until a natural condition test is passed. Should an appliance not pass the
worst-case test, a disclosure form reporting the test results shall be provided to the
homeowner. A copy of such disclosure form, signed by the homeowner, shall be
submitted to the building official prior to approval.
(99) Section G2408.2 (305.3) Elevation of ignition source is hereby retained in its entirety
with the following amendments:
G2408.2 (305.3) Elevation of ignition source. Electrical devices, equipment and
appliances having an ignition source shall be elevated such that the source of ignition is
not less than 18 inches (457 mm) above the floor in hazardous locations and public
garages, private garages, repair garages, motor fuel-dispensing facilities and parking
garages. For the purpose of this section, rooms or spaces that are not part of the living
space of a dwelling unit and that communicate directly with a private garage through
openings shall be considered to be part of the private garage.
(100) Section G2409.4.4 (308.4.5) Clearance from supply ducts is hereby retained in its
entirety with the following amendments:
G2409.4.4 (308.4.5) Clearance from supply ducts. Supply air ducts connecting to listed
central heating furnaces where the bonnet temperature exceeds 150
o
F (68
o
C), shall have
the same minimum clearance to combustibles as required for the furnace supply plenum
for a distance of not less than 3 feet (914 mm) from the supply plenum. Clearance is not
required beyond the 3-foot (914 mm) distance.
(101) Section G2415.9 (404.9) Above-ground piping outdoors is hereby retained in its entirety
with the following amendments:
G2415.9 (404.9) Above-ground piping outdoors. All piping installed outdoors shall be
elevated not less than 6 inches (152 mm) above ground and where installed across roof
surfaces, shall be elevated not less than 31/2 inches (152 mm) above the roof surface.
Piping installed above ground, outdoors, and installed across the surface of roofs shall be
securely supported and located where it will be protected from physical damage. Where
passing through an outside wall, the piping shall also be protected against corrosion by
coating or wrapping with an inert material. Where piping is encased in a protective pipe
sleeve, the annular space between the piping and the sleeve shall be sealed.
(102) Section G2415.12 (404.12) Minimum burial depth is hereby retained in its
entirety with the following amendments:
G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be
installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in
Section G2415.12.1.
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(103) Section G2415.12.1 (404.12.1) Individual outside appliance is hereby kept and
preserved in its entirety with the following amendments:
G2415.12.1 (404.12.1) Individual outside appliances. Individual lines to outside lights,
grills or other appliances shall be installed a minimum of 18 inches (457 mm) below
finished grade.
Exception: Approved materials installed a minimum of 6 inches (152 mm) below
finished grade when covered with a concrete slab 3 1/2 inches (88.9 mm) in minimum
thickness, stone patio, concrete pavers or other approved materials.
(104) Section G2415.15 (404.15) Outlet closure is hereby retained in its entirety with the
following amendments:
G2415.15 (404.15) Outlet closures. Gas outlets and fittings that allow for future gas line
expansion that do not connect to appliances shall be provided with an approved gas
shutoff valve with the end capped gas tight.
Exception:
1. Listed and labeled flush-mounted-type quick-disconnect devices and listed and
labeled gas convenience outlets shall be installed in accordance with the
manufacturer’s installation instructions.
2. Drip/dirt legs installed at the floor level at appliances.
(105) Section G2416.1 (405.1) General is hereby retained in its entirety with the following
amendments:
G2416.1 (405.1) General. Changes in direction of rigid metallic pipe specified in
G2414.4 shall be made only by the use of fittings and factory bends.
(106) Section G2416.2 (405.2) Metallic pipe is hereby deleted in its entirety.
(107) Section G2417.4.1 (406.4.1) Test pressure is hereby retained in its entirety with the
following amendments:
G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than
one and one-half times the proposed maximum working pressure, but not less than 10
psig (67 kPa gauge) irrespective of design pressure. Where the test pressure exceeds 125
psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop
stress in the piping greater than 50 percent of the specified minimum yield strength of the
pipe.
(108) A new Section G2420.3.1 (409.3.2.1) Exterior appliances is hereby added to read as
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follows:
G2420.3.1 (409.3.2.1) Exterior appliances Any building serving exterior appliances
shall provide a shut-off valve at the exterior of the building.
(109) Section G2420.5.2 (409.5.2) Vented decorative appliances and room heaters is hereby
retained in its entirety with the following amendments:
G2420.5.2 (409.5.2) Vented decorative appliances and room heaters. Shutoff valves
for vented decorative appliances, room heaters and decorative appliances for installation
in vented fireplaces shall be permitted to be installed in an area remote from the
appliances where such valves are provided with ready access. Such valves shall be
permanently identified and shall serve no other appliance. Remote valves shall be
operable on the same floor as the appliance served and within 12 feet (3.658 m) of the
appliance as measured along the floor line. The piping from the shutoff valve to within 6
feet (1829 mm) of the appliance shall be designed, sized and installed in accordance with
Sections G2412 through G2419.
(110) Section G2421.3 (410.3) Venting of regulators is hereby retained in its entirety with the
following amendments:
G2421.3 (410.3) Venting of regulators. Pressure regulators that require a vent shall be
vented directly to the outdoors. The vent shall be designed to prevent the entry of insects,
water, or foreign objects. Vents shall not terminate within 3 feet (0.916 m) of openings
into the building.
Exception: A vent to the outdoors is not required for regulators equipped with and
labeled for utilization with an approved vent-limiting device installed in accordance with
the manufacturer’s instructions.
(111) Section G2425.8 (501.8) Appliances not required to be vented is hereby kept and
preserved in its entirety with the exception of subsection 7, which is stricken in its
entirety.
(112) Section G2427.5.5.1 (503.5.6.1) Chimney lining is hereby retained in its entirety with
the following amendments:
G2427.5.5.1 (503.5.6.1) Chimney lining. Chimneys shall be lined in accordance with
NFPA 211.
(113) Section G2427.6.4 (503.6.5) Minimum height is hereby retained in its entirety with the
following amendments:
G2427.6.4 (503.6.5) Minimum height. A Type B or L gas vent shall terminate at least 5
feet (1524 mm) in vertical height above the highest connected appliance draft hood or
flue collar. A Type B-W gas vent shall terminate at least 12 feet (3658 mm) in vertical
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height above the bottom of the wall furnace. All gas vents shall terminate a minimum of
22 inches (559 mm) above the surface or grade directly below.
(114) Section G2439.3 (614.4) Exhaust installation is hereby retained in its entirety with the
following amendments:
G2439.3 (614.4) Exhaust installation. Dryer exhaust ducts for clothes dryers shall
terminate on the outside of the building and shall be equipped with a backdraft damper.
Dryer exhaust duct terminations shall not be located within 36 inches (914 mm) of
exterior openings into conditioned spaces, crawl spaces and attics. Screens shall not be
installed at the duct termination. Ducts shall not be connected or installed with sheet
metal screws or other fasteners that will obstruct the flow. Clothes dryer exhaust ducts
shall not be connected to a vent connector, vent or chimney. Clothes dryer exhaust ducts
shall not extend into or through ducts or plenums.
(115) Section G2439.7.4.2 (614.8.4.2) Manufacturer’s instructions, is hereby deleted in its
entirety.
(116) Section G2445 (621), Unvented Room Heaters, is hereby deleted in its entirety.
(117) A new Section G2447.6 (623.8) Kitchens with gas cooking is hereby added to read as
follows:
G2447.6 Kitchens with gas cooking. Residential kitchens with gas cooking appliances
shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen
exhaust systems shall not terminate in an attic or crawl space or areas inside the building
and shall not induce or create a negative pressure in excess of negative 3 Pa or adversely
affect gravity-vented appliances.
(118) A new Section G2451.3 (630.3) Combustion and ventilation air is hereby added to read
as follows:
G2451.3 (630.3) Combustion and ventilation air Where infrared heaters are installed,
natural or mechanical means shall provide outdoor ventilation air at a rate of not less than
4 cfm per 1,000 Btu/h (0.38 m3/min/kW) of the aggregate input rating of all such heaters
installed in the space. Exhaust openings for removing flue products shall be above the
level of the heaters.
(119) Section G2454.1 (636.1) General is hereby retained in its entirety with the
following amendments:
G2454.1 (636.1) General. Permanently fixed-in-place outdoor decorative appliances
shall be tested in accordance with ANSI Z21.97 and shall be provided with a flame
safeguard device and be installed in accordance with the manufacturer’s instructions.
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Appliances shall not be located beneath or within 10 feet (3048 mm) of combustible
construction or as allowed by the listing.
(120) Section P2503.5.1 Rough Plumbing is hereby retained in its entirety with the
following amendments:
P2503.5.1 Rough plumbing. DWV systems shall be tested on completion of the rough
piping installation by water or by air with no evidence of leakage. Either test shall be
applied to the drainage system in its entirety or in sections after rough piping has been
installed, as follows:
1. Water test. Each section shall be filled with water to a point not less than 10 feet
(3048 mm) above the highest fitting connection in that section, or to the highest
point in the completed system. Water shall be held in the section under test for a
period of 15 minutes. The system shall prove leak free by visual inspection.
2. Air test. The portion under test shall be maintained at a gauge pressure of 5
pounds per square inch (psi) (34 kPa) or 10 inches of mercury column (34 kPa).
This pressure shall be held without introduction of additional air for a period of 15
minutes.
(121) Section P2903.2 Maximum flow and water consumption is hereby retained in its
entirety with the following amendments:
P2903.2 Maximum flow and water consumption. The maximum water consumption
flow rates and quantities for all plumbing fixtures and fixture fittings shall be in
accordance with Table P2903.2 and such fixtures shall be Environmental Protection
Agency (EPA) WaterSense® labeled fixtures or such fixtures and fittings that provide the
equivalent maximum flow rates.
(122) Table P2903.2 is hereby retained in its entirety with the following amendments:
Table P2903.2 Maximum Flow Rates and Consumption For Plumbing Fixtures and
Fixture Fittings
b
PLUMBING FIXTURE
OR FIXTURE FITTING
MAXIMUM FLOW RATES
Lavatory faucet 1.5 gpm at 60 psi
Shower heada 2.0 gpm at 80 psi
Sink faucet 1.8 gpm at 60 psi
Water closet
1.6 gallons per flushing cycle
1.28 gallons per flushing cycle, with minimum MaP threshold of 350 grams
For SI: 1 gallon per minute (gpm) = 3.785 L/m.
1 pound per square inch (psi) = 6.895 kPa
2 A handheld shower spray is also a shower head
3 Consumption tolerances shall be determined from referenced standards.
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(123) A new Section E3401.5 Electrical Vehicle Ready is hereby added to read as follows:
Section E3401.5 Electrical Vehicle Ready. All new single family dwellings with an
attached garage or carport shall be provided with an empty conduit of 1/2 inch (12.7 mm)
minimum, installed from the dwellings electrical panel board to a junction box in readily
accessible location in the garage or carport, capable of supporting a 30 ampere 220 volt
outlet.
(124) A new Section E3401.6 Photovoltaic Ready is hereby added to read as follows:
Section E3401.6 Photovoltaic Ready All new single family dwellings shall be provided
with an empty conduit of 3/4 inch (19.05 mm) minimum, installed from the dwellings
attic space beneath the roof which most likely would support the majority of installed
photovoltaic system, to a junction box located within 12 inches of the dwellings electrical
meter or connected directly to the dwellings electrical panel board.
(125) Chapter 44 Referenced Standards is hereby retained in its entirety with the
following amendments:
…
ANSI/ACCA QI 5-2007 HVAC Quality Installation Specification.
Referenced in Amended 2012 IRC Section M1309 Performance verification
Installation Masters™ Testing and Certification Program
Referenced in Amended 2012 IRC Section R703.8.1 Fenestration installation
CDPH California Department of Public Health
1615 Capitol Avenue
Sacramento, CA 95814
CDPH 01350 Standard Method for Testing VOC emissions from indoor sources
Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound
(VOC) materials.
FSC Forest Stewardship Council U.S. (FSC-US)
212 Third Avenue North, Suite 504
Minneapolis, MN 55401
GEI GREENGUARD Environmental Institute
2211 Newmarket Parkway, Suite 110
Marietta, GA 30067
GGPS.001.GREENGUARD IAQ Standard for Building Materials, Finishes and
Furnishings
Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound
(VOC) materials.
Green Seal® 1001 Connecticut Avenue, NW
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Suite 827
Washington, DC 20036-5525
GS-11 Paintings and Coatings
GS-43 Recycled Content Latex Paints
Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound
(VOC) materials.
HVI Home Ventilating Institute
1000 N Rand Rd, Ste 214
Wauconda, IL 60084 USA
HVI referenced standard HVI 915, Procedure for Loudness Rating of Residential Fan
Products
Referenced in Amended 2012 IRC Section M1507.4.2.6. Sound ratings for fans.
IDA International Dark-Sky Association
3225 N. First Avenue
Tucson, Arizona 85719
IDA fixture seal of approval (FSA) third-party certification for luminaires that minimize
glare, reduce light trespass, and don’t pollute the night sky.
http://www.darksky.org/
http://www.darksky.org/outdoorlighting/mlo
http://www.darksky.org/outdoorlighting/about-fsa
RESNET® Mortgage Industry National Home Energy Rating Systems Standards
Residential Energy Services Network, Inc.
P.O. Box 4561
Oceanside, CA 92052-4561
http://resnet.us
RESNET® reference standard Grade I and Grade II Insulation
Referenced in Amended 2012 IRC Section N1102.2 Specific insulation requirements.
…
(126) APPENDIX E, MANUFACTURED HOUSING USED AS DWELLINGS, is hereby
adopted in its entirety.
(127) APPENDIX F, RADON CONTROL METHODS, is hereby retained in its
entirety with the following amendments:
APPENDIX F – RADON CONTROL METHODS
SECTION AF101 TITLE, SCOPE AND PURPOSE
AF101.1 Title. These provisions shall be known as Appendix Chapter F, the FORT
COLLINS RADON RESISTANT CONSTRUCTION CODE FOR ONE- AND TWO-
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FAMILY DWELLINGS, and shall be cited as such and will be referred to herein as this
appendix.
AF101.2 Scope. The provisions of this appendix shall apply to new one- and two-family
dwellings completely separated from adjacent dwellings by unobstructed physical space
(detached) and multiple, attached single-family dwellings (townhouses) not more than
three stories in height and with each townhouse having its own separate means of egress.
AF01.3 Purpose. The purpose of this appendix is to provide minimum requirements to
enhance the public safety, health and general welfare, through construction methods
designed and installed to resist entry of radon gas into the occupied spaces of buildings
regulated by this appendix.
SECTION AF102
DEFINITIONS
AF102.1 General. For the purpose of these requirements, the terms used shall be defined
as follows:
DWELLING UNIT, SINGLE-FAMILY DETACHED. An independent building
completely separated from adjacent dwellings by unobstructed physical space,
exclusively containing one dwelling unit located entirely on a separately recorded and
platted parcel of land (site) bounded by property lines, and which parcel is deeded
exclusively for such single-family dwelling.
DWELLING UNIT, TWO-FAMILY DETACHED. An independent building
completely separated from adjacent dwellings by unobstructed physical space,
exclusively containing two dwelling units located entirely on a separately recorded and
platted parcel of land (site) bounded by property lines, and which parcel is deeded
exclusively for such two-family dwelling.
FOUNDATION DRAIN SYSTEM. A continuous length of drain tile, perforated pipe,
or filter mat extending around all or part of the internal or external perimeter of a
basement or crawl space footing designed to collect and drain away excess subsurface
water.
RADON. A naturally occurring, chemically inert, radioactive gas that is not detectable
by human senses and can move readily through particles of soil and rock and can
accumulate under the slabs and foundations of homes where it can easily enter the living
space through construction cracks and openings.
SOIL-GAS-RETARDER. A continuous membrane of 3-mil (0.075 mm) cross-linked
polyethylene or other equivalent material used to retard the flow of soil gases into a
building.
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SUBFLOOR. A concrete slab and other approved permanent floor system that directly
contacts the ground and is within the walls of the living spaces of the building.
SUB-MEMBRANE DEPRESSURIZATION SYSTEM. A system designed to achieve
lower sub-membrane air pressure relative to crawl space air pressure by use of a vent
drawing air from beneath the soil-gas-retarder membrane.
SUB-SLAB DEPRESSURIZATION SYSTEM (Passive). A system designed to
achieve lower sub-slab air pressure relative to indoor air pressure by use of a vent pipe
routed through the conditioned space of a building and connecting the sub-slab area with
outdoor air, thereby relying on the convective flow of air upward in the vent to draw air
from beneath the slab.
TOWNHOUSE. A single-family dwelling unit constructed as part of a group of two or
more attached individual dwelling units, each of which is separated from the other from
the foundation to the roof and is located entirely on a separately recorded and platted
parcel of land (site) bounded by property lines, and which parcel is deeded exclusively
for such single-family dwelling.
SECTION AF103 REQUIREMENTS
AF103.1 General. The following required construction methods are intended to resist
radon entry and prepare the building for post-construction radon mitigation (see Figure
AF102).
AF103.2 Subfloor preparation. A layer of gas-permeable material shall be placed under
all subfloors. The gas-permeable layer shall consist of one of the following methods
except that where fills of aggregate size less than that described in Method 1are used
beneath a slab, Method 2,3, 4, or 5 must be used.
1. A uniform layer of clean aggregate, a minimum of 4 inches (102 mm) thick. The
aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve
and be retained by a 1/4 -inch (6.4 mm) sieve. In buildings where interior footings
or other barriers separate sub-grade areas, penetrations through the interior
footing or barrier equal to a minimum of 12 square inches (0.094 m
2
) per 10 feet
(3.048 m) of barrier length shall be provided. A minimum of two penetrations
shall be provided per separation and be evenly spaced along the separation.
Exception:
In buildings where interior footings or other barriers separate the sub-grade area,
separate radon vent pipes may be installed for each sub-grade area as specified in
Section AF103.5.2 in lieu of penetrations through the barrier.
2. A foundation drain pipe system installed under concrete floor slab areas less than
2,000 square feet (186 m
2
), consisting of a continuous loop of minimum 3-inch
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(76 mm.) diameter perforated pipe shall be laid in the sub-grade with the top of
pipe located 1 inch (25.4 mm) below the concrete slab. The pipe may be rigid or
flexible but shall have perforations fully around the circumference with a free air
space equal to 1.83 square inches per square foot (127 cm
2
/ m
2
) of exterior pipe
surface area. Such pipe shall be wrapped with approved filter material to prevent
blocking of pipe perforations. The pipe loop shall be located inside of the exterior
perimeter foundation walls not more than 12 inches (305 mm) from the perimeter
foundation walls. In buildings where interior footings or other barriers separate
the sub-grade area, the loop of pipe shall penetrate, or pass beneath such interior
footings or barriers. For slab areas greater than 2,000 square feet (186 m
2
) but less
than 4,000 square feet (372 m
2
), the preceding configuration may be used
provided a minimum of 4-inch diameter (102 mm) pipe is installed. Slabs in
excess of 4,000 square feet (372 m
2
) shall have under them separate loops for
every additional 2,000 square feet (186 m
2
) of slab area when 3-inch (76 mm)
diameter pipe is used; or, slabs may have separate loops provided for each
additional increment in area between 2,000 square feet (186 m
2
) and 4,000 square
feet (372 m
2
) when 4-inch (102 mm) diameter pipe is used.
3. A foundation drain soil gas collection mat system installed under concrete floor
slab areas of 2,000 square feet (186 m
2
) or less, consisting of a continuous
rectilinear loop of soil gas collection mat or drainage mat having minimum
dimensions of 1 inch in height by 12 inches in width (25.4 mm in height x 305
mm in width) and a nominal cross-sectional air flow area of 12 square inches
(0.0078 m
2
) may be laid on top of the sub-grade. The mat shall be constructed of
a matrix that allows for the movement of air through it and be capable of
supporting the concrete placed upon it. The matrix shall be covered by approved
filter material on all four sides to prevent dirt or concrete from entering the
matrix. All breaches and joints in the filter material shall be repaired prior to the
placement of the slab. The loop shall be located inside the exterior perimeter
foundation walls and within 12 inches (305 mm) from the perimeter foundation
walls. In buildings where interior footings or other barriers separate the sub-
grade area, the mat shall penetrate these interior footings or barriers to form a
continuous loop around the exterior perimeter.
Slabs larger than 2,000 square feet (186 m
2
) but less than 4,000 square feet (372
m
2
) shall have under them an additional strip of mat that bisects the loop forming
two areas approximately equally divided by the two halves of the rectilinear loop.
53
5. Other materials, systems or floor designs with demonstrated capability to permit
depressurization across the entire sub-floor area.
AF103.3 Entry routes. Potential radon entry routes shall be closed in accordance with
Sections AF103.3.1 through AF103.3.11.
AF103.3.1 Floor openings. Openings around bathtubs, showers, water closets, pipes,
wires or other objects that penetrate concrete slabs or other floor assemblies shall be
filled with a polyurethane caulk or equivalent sealant applied in accordance with the
manufacturer’s recommendations.
AF103.3.2 Concrete joints. All control joints, isolation joints, construction joints and
any other joints in concrete slabs or between slabs and foundation walls shall be sealed
with a caulk or sealant. Gaps and joints shall be cleared of loose material and filled with
polyurethane caulk or other elastomeric sealant applied in accordance with the
manufacturer’s recommendations.
AF103.3.3 Condensate drains. Condensate drains shall be trapped or routed through
non- perforated pipe to daylight.
AF103.3.4 Sumps. Sump pits open to soil or serving as the termination point for sub-slab
or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid.
Sumps used as the suction point in a sub-slab depressurization system shall have a lid
designed to accommodate the vent pipe. Sumps used as a floor drain shall have a lid
equipped with a trapped inlet and view port.
AF103.3.5 Foundation walls. Hollow block masonry foundation walls shall be
constructed with either a continuous course of solid masonry, one course of masonry
grouted solid, or a solid concrete beam at or above finished ground surface to prevent
passage of air from the interior of the wall into the living space. Where a brick veneer or
other masonry ledge is installed, the course immediately below that ledge shall be sealed.
Joints, cracks or other openings around all penetrations of both exterior and interior
surfaces of masonry block or wood foundation walls below the ground surface shall be
filled with polyurethane caulk or equivalent sealant. Penetrations of concrete walls shall
be filled.
AF103.3.6 Dampproofing. The exterior surfaces of portions of concrete and masonry
block walls below the ground surface shall be damp-proofed in accordance with Section
R406 of this appendix.
AF103.3.7 Air-handling units. Air-handling units in crawl spaces shall be sealed to
prevent air from being drawn into the unit.
Exception: Units with gasketed seams or units that are otherwise sealed by the
manufacturer to prevent leakage.
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AF103.3.8 Ducts. Ductwork passing through or beneath a slab shall be of seamless
material unless the air-handling system is designed to maintain continuous positive
pressure within such ducting. Joints in such ductwork shall be sealed to prevent air
leakage. Ductwork located in crawl spaces shall have all seams and joints sealed by
closure systems in accordance with Section M1601.3.1.
AF103.4 Sub-membrane depressurization system. In buildings with interior structural
floors directly above under-floor spaces containing exposed soil surfaces that are not
protected by a sub-slab depressurization system, the following components of a sub-
membrane depressurization system shall be installed during construction.
Exception: Buildings in which an approved mechanical ventilation system complying
with Section R408 or such other equivalent system that provides equivalent
depressurization across the entire sub-membrane area as determined by the building
official is installed in the under-floor spaces.
AF103.4.1Ventilation. Crawl spaces and similar under-floor spaces shall be provided
with ventilation complying with Section R408.
AF103.4.2 Soil-gas-retarder. The exposed soil in under-floor spaces shall be covered
with a continuous layer of soil-gas-retarder. Such ground cover joints shall overlap 6
inches (152 mm) and be sealed or taped. The edges of the ground cover shall extend a
minimum of 6 inches (152mm) up onto all foundation walls enclosing the under-floor
space and shall be attached and sealed to foundation walls in an approved manner.
AF103.4.3 Vent pipe riser. A plumbing tee or other approved connection shall be
inserted horizontally beneath the sheeting and connected to a 3- or 4-inch-diameter (76
mm or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent
pipe shall be extended up through the building floors, terminate at least 12 inches (305
mm) above the roof in a location at least 10 feet (3.048 m) away from any window or
other opening into the conditioned spaces of the building that is less than 2 feet (0.610 m)
below the exhaust point, and 10 feet (3.048 m) from any window or other opening in
adjoining or adjacent buildings.
AF103.5 Sub-slab depressurization system. The following components of a sub-slab
depressurization system shall be installed during construction under basement or slab-on-
grade floors.
AF103.5.1 Vent pipe riser. A minimum 3-inch-diameter (76 mm) ABS or PVC DWV
pipe, or equivalent gas-tight pipe shall be embedded vertically into the sub-slab aggregate
or other permeable material before the slab is cast. A “T” fitting or equivalent method
shall be used to ensure that the pipe opening remains within the sub-slab permeable
material. Alternatively, the 3-inch (76 mm) pipe shall be inserted directly into an interior
perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the
sub-slab aggregate or connected to it through a drainage system.
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All vent pipes shall be extended up through the building floors and terminate at least 12
inches (305 mm) above the surface of the roof in a location at least 10 feet (3.048 m)
away from any window, air intake, or other opening into the conditioned spaces of the
building that is less than 2 feet (0.610 m) below the exhaust point, and 10 feet (3.048 m)
from any window or other opening in adjoining or adjacent buildings. The discharge end
of vent pipe terminations shall be unobstructed and protected from small animal entry
with a corrosion-resistant screen having openings between .25 inch (6.4 mm) and .5 inch
(12.7 mm).
AF103.5.2 Multiple vent pipes. In buildings where interior footings or other barriers
separate the sub-slab aggregate or other gas-permeable material, each area shall be fitted
with an individual vent pipe. Vent pipes shall connect to a single vent that terminates
above the roof or each individual vent pipe shall terminate separately above the roof.
AF103.6 Vent pipe drainage. All components of the radon vent pipe system shall be
installed to provide positive drainage to the ground beneath the slab or soil-gas retarder.
AF103.7 Vent pipe accessibility. Radon vent pipes shall be accessible for fan
installation through an attic or other area outside the habitable space.
Exception: The radon vent pipe need not be accessible in an attic space where an
approved roof-top electrical supply is provided.
AF103.8 Vent pipe identification and notification. All exposed and visible interior
radon vent pipes shall be conspicuously identified with at least one label on each floor
and in attics provided with access openings. The label shall read substantially as follows:
Radon Reduction System. In addition to the preceding label, a notice shall be placed in a
conspicuous area near the vent pipe that states the following:
THIS RADON REDUCTION SYSTEM IS NOT REQUIRED TO BE TESTED AND IS
A (PASSIVE) SYSTEM, RELYING ENTIRELY ON NATURAL VENTILATION.
OCCUPANTS ARE ADVISED TO TEST FOR RADON AND TAKE REMEDIAL
ACTION AS NECESSARY BY INSTALLING A CONTINUOUSLY-OPERATING
FAN LOCATED IN THE VENT PIPE (ACCESS TYPICALLY PROVIDED IN THE
ATTIC) AND CONNECTED TO THE NEARBY PROVIDED ELECTRICAL
OUTLET. Call 1-800-767-RADON FOR MORE INFORMATION.
AF103.9 Combination foundations. Combination basement/crawl space or slab-on-
grade/crawl space foundations shall have separate radon vent pipes installed in each type
of foundation area. Each radon vent pipe shall terminate above the roof or shall be
connected to a single vent that terminates above the roof.
AF103.10 Building depressurization. Joints in air ducts and plenums in unconditioned
spaces shall be substantially air tight and permanently sealed with an approved sealant,
mastic, or other approved methods. Thermal envelope air infiltration requirements shall
comply with the energy conservation provisions in the energy conservation code
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currently enacted by the City. Firestopping shall be in conformance with the most recent
general building code enacted by the City or meet the requirements contained in Section
R602.8.
AF103.11 Provisions for future depressurization fan installation. Permanent
provisions shall be made for the future installation of an in-line fan to be connected to
every radon vent pipe. Such designated fan locations shall be outside of the conditioned
envelope of the building, such as in the attic, garage and similar locations, excluding
crawl spaces and other interior under-floor spaces. Designated locations shall
accommodate an unobstructed permanent cylindrical space with the following minimum
dimensions: 12 inches (305 mm) measured radially around the radon vent pipe along a
vertical distance of 30 inches (760 mm). Designated fan locations shall be permanently
accessible for servicing and maintenance. An electrical circuit shall be provided within 4
feet (1.219 m) of and within sight from designated fan locations. Such circuit shall have a
means of positive disconnection and be terminated in an approved electrical outlet in
accordance with the applicable current electric code.
AF103.12 Depressurization fan system activation. When a passive system as
constructed in accordance with this appendix is to be converted to an active system, an
approved in-line fan shall be installed in a designated fan location as specified in Section
AF103.11.1. Additionally, an approved permanent electric light fixture and in-line pipe
couplings that facilitate fan replacement shall be provided. The in-line fan shall be
designed to operate continuously for a period of not less than five years and have a
minimum air-flow rating as established by the building official. A readily accessible
manometer or other approved warning device that notifies occupants of a fan malfunction
by a visible or audible signal shall be installed within the dwelling unit. A separate permit
shall be required for installation of such fan when it is not installed at the time the
building is originally approved for occupancy.
(128) APPENDIX H, PATIO COVERS, is hereby adopted in its entirety.
(129) APPENDIX M, HOME DAY-CARE R-3 OCCUPANCIES, is hereby adopted in its
entirety.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 075, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE IV OF THE CODE OF THE
CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE
2012 INTERNATIONAL MECHANICAL CODE (IMC), AND ADOPTING THE
2015 INTERNATIONAL MECHANICAL CODE, WITH AMENDMENTS
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest
nationally recognized building standards available for the times; and
WHEREAS, upon recommendation of City staff, the City Council has determined that it
is in the best interests of the City to align the five interconnected basic construction codes under
one publication year; and
WHEREAS, the five interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, and International Energy Conservation Code; and
WHEREAS, the City Council has determined that the 2015 publication year of the five
interconnected basic construction codes ought to be adopted and that their counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2015 publications contain improvements in construction code regulation;
and
WHEREAS, City staff has conducted a significant public outreach program, working
with the regulated construction industry and building professionals; and
WHEREAS, the adoption of the five interconnected basic construction codes has been
presented to and recommended by the Affordable Housing Board, the Commission on Disability,
the Air Quality Advisory Board, the Natural Resources Advisory Board, the Building Review
Board, the Electric Board, the Landmark Preservation Commission and the Water Board; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its citizens that the 2012 International Mechanical Code, as
adopted and amended by the City pursuant to Ordinance No. 021, 2014, be repealed, and that in
its place, the 2015 International Mechanical Code be adopted, with amendments.
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International
Mechanical Code on May 21, 2017, and May 28, 2017; and
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WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated May 14, 2017, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
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 5-106 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 5-106. – Adoption of standards.
Pursuant to the power and authority conferred on the City Council by Section 31-16-202,
C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2012
International Mechanical Code (2012 IMC) and adopts as the mechanical code of the
City the 2015 International Mechanical Code (2015 IMC), published by the
International Code Council, which shall have the same force and effect as though set
forth in full herein except as amended pursuant to Section 5-107 of the City Code. The
subject matter of the 2015 International Mechanical Code (2015 IMC), adopted herein
includes comprehensive provisions and standards regulating and controlling the design,
construction, installation, quality of materials, location, operation and maintenance of
heating, ventilating, cooling and refrigeration systems, incinerators, miscellaneous heat-
producing appliances for the purposes of protecting public health, safety and general
welfare. None of the 2015 International Mechanical Code Appendices are hereby
adopted.
Section 3. That Section 5-107 of the Code of the City of Fort Collins is hereby
repealed and re-enacted to read in its entirety as follows:
Sec. 5-107. - Amendments and deletions to the 2015 International Mechanical Code.
The 2015 INTERNATIONAL MECHANICAL CODE adopted in §5-106 is hereby amended in the
following respects:
(1) Section 101.1 Title is hereby retained in its entirety with the following amendments:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of Fort
Collins, hereinafter referred to as “this code.”
(2) Section 102.8 Referenced codes and standards is hereby retained in its entirety with the
following amendments:
Section 102.8 Reference codes and standards. The codes and standards referenced
herein shall be those that are listed in Section 101.4 of the adopted International Building
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Code, entitled “Referenced Codes” and shall be considered part of the requirements of
this code to the prescribed extent of each such reference.
Exception: Where enforcement of a code provision would violate the conditions of the
listing of the equipment or appliance, the conditions of the listing and the manufacturer’s
installation instructions shall apply.
(3) Section 103 Department of Mechanical Inspection is hereby deleted and replaced in its
entirety and the following is hereby added in lieu thereof:
SECTION 103 – CODE ADMINISTRATION
103.1 Entity charged with code administration. The entity charged with code
administration shall be as determined in accordance with Section 103 of the adopted
International Building Code, entitled “Code Administration.”
(4) Sections 106.5 Fees, 106.5.1 Work commencing before permit issuance, 106.5.2 Fee
schedule, and 106.5.3 Fee refunds are hereby deleted and replaced in their entirety and
the following is hereby added in lieu thereof:
106.5 Payment of fees. All items relating to fees shall be as specified in Section 109 of
the adopted International Building Code, entitled “Fees.”
(5) Sections 107.3 Testing and verification, 107.3.1 New, altered, extended or repaired
systems, 107.3.2 Apparatus, material and labor for tests, and 107.3.3 Reinspection and
Testing are hereby deleted and replaced in their entirety and the following is hereby
added in lieu thereof:
107.3 Testing and verification. Installed heating, cooling and ventilation systems shall
be performance-tested by an approved agency and adjusted to operate within design
specifications, in accordance with ANSI/ACCA QI 5-2010 HVAC Quality Installation
Specification. Documentation of results shall be submitted to the building official prior to
approval.
Exception: Buildings subject to commissioning requirements in Section 3604.1 of the
2015 International Building Code as amended.
(6) Section 108.4 Violation Penalties is hereby retained in its entirety with the following
amendments:
108.4 Violation penalties. Persons who violate a provision of this code or fail to comply
with any of the requirements thereof or who erect, install, alter or repair a mechanical
work in violation of the approved construction documents or directive of the code
official, or of a permit or certificate issued under the provisions of this code, shall be
guilty of a misdemeanor and shall be subject to the penalties and fines specified in
Section 1-15 of the City Code.
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(7) A new Section 108.4.1 Work Commencing before Permit Issuance is hereby added to
read as follows:
108.4.1 Work commencing before permit issuance. In addition to the penalties set
forth in Section 108.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more
than $1,000 for the first such violation. A person or firm committing the same such
violation repeatedly shall be subject to a fine equal to double the amount of the permit fee
or double the amount of the fee imposed for the preceding violation, whichever is greater,
for every such subsequent violation committed within 180 days of a previous violation.
Said fines may be appealed to the City Manager pursuant to Chapter 2, Article VI of the
City Code.
(8) Section 109 Means of Appeal is hereby deleted and replaced in its entirety and the
following is hereby added in lieu thereof:
109 Appeals. Appeals of decisions, determinations and interpretations of this code shall
be made pursuant to the applicable provisions of Section 113 of the adopted International
Building Code, entitled “Board of Appeals.”
(9) Section 202 GENERAL DEFINITIONS, is hereby amended to add, in alphabetical
order, the following definitions:
Multifamily. Any building housing group R-1, R-2 or R-4 occupancies.
Whole-dwelling unit mechanical ventilation system. An exhaust system, supply system,
or combination thereof that is designed to mechanically exchange indoor air for outdoor
air when operating continuously or through a programmed intermittent schedule to
satisfy the whole-dwelling ventilation rate.
(10) Section 304.3 Elevation of ignition source is hereby retained in its entirety with the
following amendments:
304.3 Elevation of ignition source. Electrical devices, equipment and appliances having
an ignition source and located in hazardous locations and public garages, private garages,
repair garages, automotive motor fuel-dispensing facilities and parking garages shall be
elevated such that the source of ignition is not less than 18 inches (457 mm) above the
floor surface on which the equipment or appliance rests. For the purpose of this Section,
rooms or spaces that are not part of the living space of a dwelling unit and that
communicate directly with a private garage through openings shall be considered to be
part of the private garage.
(11) Section 312.1 Load calculations is hereby retained in its entirety with the following
amendments:
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312.1 Heating and cooling load calculations. Heating and cooling system design loads
for the purpose of sizing systems, appliances and equipment shall be determined in
accordance with the adopted International Energy Conservation Code.
(12) A new Section 408 Whole-dwelling unit ventilation is hereby added to read as follows:
408.1 Whole-dwelling unit mechanical ventilation system. For new buildings, a
mechanical exhaust system, supply system, or combination thereof shall be installed for
each dwelling unit to provide whole-dwelling unit ventilation. Such system shall comply
with Sections 407.1.1 through 407.5.
408.1.1 Whole-dwelling unit ventilation rate. The dwelling unit mechanical ventilation
system shall provide outdoor air at a continuous rate of not less than that determined in
accordance with Table M1507.3.3(1).
Exception:
The whole-dwelling unit mechanical ventilation system is permitted to operate
intermittently where the system has controls that enable operation for not less than 25-
percent of each 4-hour segment and the ventilation rate prescribed in IRC Table
M1507.3.3(1) is multiplied by the factor determined in accordance with IRC Table
M1507.3.3(2).
408.2 System design. The design of the required whole dwelling unit ventilation system
shall comply with the requirements of this Section. System design documents shall be
submitted, as required by the building official, at the time of application for a building
permit.
408.2.1 System type. The system shall consist of one or more supply or exhaust fans, or
a combination thereof, and associated ducts and controls. Exhaust fans shall be permitted
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to be part of a mechanical exhaust system. Outdoor air ducts connected to the return duct
of a forced air furnace shall be considered to provide supply ventilation and shall be sized
to provide adequate mechanical ventilation in accordance with ASHRAE 62.2 and shall
meet the manufacturer’s requirements for minimum return air temperature to the furnace
heat exchanger.
408.2.2 Outdoor air intakes. Outdoor air intakes shall have automatic dampers that close
when the ventilation system is not operating.
408.2.3. Exhausts. Exhausts shall have gravity dampers that close when the ventilation
system is not operating.
408.2.4 Air Circulation fan motors. Motors for air circulation fans used in the
ventilation system, rated at one-quarter horsepower or greater, shall meet at least one of
the following criteria:
1. Where the furnace serves as an air handler for the ventilation system, the furnace
shall be certified as an “Electrically Efficient Furnace” by the Air-conditioning,
Heating and Refrigeration Institute (AHRI).
2. The blower motor shall be specified as a “Brushless DC” (BL or BLDC) motor by the
manufacturer.
3. The blower motor shall be specified as “Brushless Permanent Magnet” (BPM) motor.
4. The blower motor shall be specified as “Electronically Commutated Motor (ECM).”
5. The blower shall meet equivalent criteria acceptable to the building official.
408.2.5 System controls. The mechanical ventilation system shall be provided with
readily accessible and labeled controls that enable occupant override.
408.2.6 Sound ratings for fans. Whole-dwelling unit ventilation fans shall be rated for
sound at a maximum of 1.5 sones, in accordance with the procedures of the Home
Ventilating Institute (HVI 915, Procedure for Loudness Rating of Residential Fan
Products).
Exception:
Heating, ventilating and air conditioning air handlers and remote-mounted fans need not
meet sound requirements. To be considered for this exception, a remote-mounted fan
must be mounted outside the habitable spaces, bathrooms, toilets and hallways, and there
must be at least 4 ft (1 m) of ductwork between the fan and the intake grille.
408.3 System installation. The installation of the whole-dwelling unit ventilation system
and equipment shall be carried out in accordance with the manufacturers’ design
requirements and installation instructions.
408.4 Performance verification. Performance of installed mechanical ventilation
systems shall be verified in accordance with Section 107.3.
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408.5 Multifamily buildings. In multifamily buildings, all doors between dwelling units
and common hallways shall be gasketed or otherwise substantially airtight with weather
stripping, except when the ventilation system explicitly requires transfer of air from
corridors into units.
(13) Section 504.1 Installation is hereby retained in its entirety with the following
amendments:
504.1 Installation. Clothes dryers shall be exhausted in accordance with the
manufacturer's instructions. Dryer exhaust systems shall be independent of all other
systems and shall convey the moisture and any products of combustion to the outside of
the building. Dryer exhaust duct terminations shall not be located within 36 inches (914
mm) of exterior openings into conditioned spaces, crawl spaces, and attic spaces.
(14) Section 504.8.4.2 Manufacturer’s instructions is deleted in its entirety:
(15) Section 512.1 General is hereby retained in its entirety with the following amendments:
512.1 General. Where a subslab soil exhaust system is provided, the duct for such system
shall conform to the requirements of Section 1211 of the adopted International Building
Code, entitled “Radon-Resistant Construction.”
(16) Section 602.3 Stud cavity and joist space plenums is hereby deleted and replaced in its
entirety and the following is hereby added in lieu thereof:
Section 602.3 Building cavities (Mandatory). Building framing cavities shall not be
used as ducts or plenums.
(17) A new Section 602.3.1 Return air is hereby added to read as follows:
Section 602.3.1 Return air. Return air shall be taken from inside the dwelling. Dilution
of return air with outdoor air shall be permitted. A return air path shall be provided in
all habitable rooms by means of ducts or transfer grills.
(18) A new Section 603.18.3 Construction debris and contamination is hereby added to read
as follows:
603.18.3 Construction debris and contamination. Mechanical air-handling systems and
their related ducts shall be protected from the entrance of dirt, debris, and dust during the
construction and installation process. Prior to passing final inspection or issuance of a
Certificate of Occupancy, such systems shall be substantially free of construction-related
contaminants.
(19) Section 607.4 Access and identification is hereby retained in its entirety with the
following amendments:
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607.4 Access and identification. Fire and smoke dampers shall be provided with an
approved means of access, large enough to permit inspection and maintenance of the
damper and its operating parts. The access shall not affect the integrity of fire-resistance-
rated assemblies. The access openings shall not reduce the fire-resistance-rating of the
assembly. Access points shall be permanently identified on the exterior and readable
without the removal of finish ceiling works by a label having letters not less than 0.5 inch
(12.7 mm) in height reading: SMOKE DAMPER or FIRE DAMPER. Access doors in
ducts shall be tight-fitting and suitable for the required duct construction.
(20) Section 801.19 Multistory prohibited is hereby retained in its entirety with the following
amendments:
801.19 Multistory prohibited. Common venting systems for appliances located on more
than one floor level shall be prohibited, except engineered systems where all of the
appliances served by the common vent are located in rooms or spaces that are accessed
only from the outdoors. The appliance enclosures shall not communicate with the
occupiable areas of the building.
(21) A new Section 903.1.1 Solid fuel fireplaces and appliances is added to read as follows:
903.1.1 Solid fuel fireplaces and appliances. Solid fuel fireplaces, fireplace stoves and
solid-fuel-type room heaters shall also comply with Section 5-110 of the City Code.
(22) Section 903.3 Unvented gas logs heaters is deleted in its entirety:
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 076, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE IV OF THE CODE OF THE
CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE
2012 INTERNATIONAL FUEL GAS CODE (IFGC) AND ADOPTING THE
2015 INTERNATIONAL FUEL GAS CODE, WITH AMENDMENTS
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest
nationally recognized building standards available for the times; and
WHEREAS, upon recommendation of City staff, the City Council has determined that it
is in the best interests of the City to align the five interconnected basic construction codes under
one publication year; and
WHEREAS, the five interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, and International Energy Conservation Code; and
WHEREAS, the City Council has determined that the 2015 publication year of the five
interconnected basic construction codes ought to be adopted and that their counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2012 publications contain improvements in construction code regulation;
and
WHEREAS, City staff has conducted a significant public outreach program, working
with the regulated construction industry and building professionals; and
WHEREAS, the adoption of the five interconnected basic construction codes has been
presented to and recommended by the Affordable Housing Board, the Commission on Disability,
the Air Quality Advisory Board, the Natural Resources Advisory Board, the Building Review
Board, the Electric Board, the Landmark Preservation Commission and the Water Board; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its citizens that the 2012 International Fuel Gas Code, as
adopted and amended by the City pursuant to Ordinance No. 022, 2014, be repealed, and that in
its place, the 2015 International Fuel Gas Code be adopted, with local amendments.
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
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WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International Fuel
Gas Code on May 21, 2017, and May 2, 2017; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated May 14, 2017, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
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 5-111 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 5-111. Adoption of standards for fuel gas piping, equipment and accessories.
Pursuant to the power and authority conferred on the City Council by Section 31-16-202,
C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2012
International Fuel Gas Code (2012 IFGC), and adopts, as the fuel gas code of the City,
the 2015 International Fuel Gas Code (2015 IFGC), published by the International Code
Council, which shall have the same force and effect as though set forth in full herein
except as amended pursuant to Section 5-112 of the City Code. The subject matter of the
2015 International Fuel Gas Code (2015 IFGC) adopted herein includes comprehensive
regulations governing the design, installation, maintenance, alteration and inspection of
fuel gas piping systems, fuel gas utilization equipment and related accessories for the
purposes of protecting public health, safety and general welfare. None of the 2015
International Fuel Gas Code Appendices are hereby adopted.
Section 3. That Section 5-112 of the Code of the City of Fort Collins is hereby
repealed and reenacted to read in its entirety as follows:
Sec. 5-112. Amendments and deletions to the 2015 International Fuel Gas Code.
The 2015 INTERNATIONAL FUEL GAS CODE adopted in § 5-111 is hereby amended in
the following respects:
(1) Section 101.1 Title is hereby retained in its entirety with the following amendments:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Fort
Collins, hereinafter referred to as “this code.”
(2) Section 102.8 reference codes and standards is hereby retained in its entirety with the
following amendments:
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Section 102.8 reference codes and standards The codes and standards referenced in
this code shall be those that are listed in Section 101.4 of the adopted International
Building Code, entitled “Referenced codes,” and such codes and standards shall be
considered as part of the requirements of this code to the prescribed extent of each such
reference.
(3) Section 102.8.1, Conflicts is hereby deleted in its entirety:
(4) Section 102.8.2, Provisions in referenced codes and standards is hereby deleted in its
entirety:
(5) Section 103 Department Of Inspection is hereby deleted and replaced in its entirety and
the following is hereby added in lieu thereof:
SECTION 103 – CODE ADMINISTRATION
103.1 Entity charged with code administration. The entity charged with code
administration shall be as determined in accordance with Section 103 of the adopted
International Building Code, entitled “Code Administration,” as amended and set forth in
Section 5-27(3) of the City Code.
(6) Section 106.6 Fees is hereby deleted and replaced in its entirety and the following is
hereby added in lieu thereof:
106.6 Fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled “Fees.”
(7) Section 106.6.1 Work commencing before permit issuance is hereby deleted in its
entirety:
(8) Section 106.6.2 Fee schedule is hereby deleted in its entirety:
(9) Section 106.6.3 Fee refunds is hereby deleted in its entirety:
(10) Section 108.4 Violation penalties is hereby retained in its entirety with the following
amendments:
108.4 Violation penalties. Persons who shall violate a provision of this code, fail to
comply with any of the requirements thereof or erect, install, alter or repair work in
violation of the approved construction documents or directive of the code official, or of a
permit or certificate issued under the provisions of this code, shall be guilty of a
misdemeanor subject to the penalties and fines specified in Section 1-15 of the City
Code. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.
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(11) A new Section 108.4.1 Work commencing before permit issuance is hereby added to
read as follows:
108.4.1 Work commencing before permit issuance. In addition to the penalties set
forth in Section 108.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more
than $1,000 for the first such violation. A person or firm committing the same such
violation repeatedly shall be subject to a fine equal to double the amount of the permit fee
or double the amount of the fee imposed for the preceding violation, whichever is greater,
for every such subsequent violation committed within 180 days of a previous violation.
Said fines may be appealed to the City Manager pursuant to Chapter 2, Article VI of the
City Code.
(12) Section 109 Means Of Appeal is hereby deleted in its entirety and the following is
hereby added in lieu thereof:
109 Means of Appeal. Appeals of decisions, determinations and interpretations of this
code shall be made pursuant to the applicable provisions of Section 113 of the adopted
International Building Code, entitled “Board of Appeals.”
(13) Section 301.3 Listed and labeled is hereby retained in its entirety with the following
amendments:
301.3 Listed and labeled. Appliances regulated by this code shall be listed and labeled
for the application in which they are used unless otherwise approved in accordance with
Section R104.11.
(14) Section 303.3 Prohibited locations is hereby retained in its entirety with the following
amendments:
. . .
3. The appliance is installed in a room or space that opens only into a bedroom or
bathroom, and such room or space is used for no other purpose and is provided with a
solid weather-stripped door equipped with an approved self-closing device. All
combustion air shall be taken directly from the outdoors in accordance with Section
304.6.
(15) A new Section 303.5.1 Natural Draft Appliances locations is hereby added to read as
follows:
303.5.1 Natural draft appliances locations. For new buildings and new appliance or
new HVAC systems installed within additions, natural draft appliances shall not be
located within the building thermal envelope or be located in a space where the only
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access to that space is from sleeping rooms, bathrooms, toilet rooms, storage closets, or
surgical rooms.
Exceptions
1. Where natural draft appliances are located in an enclosed mechanical room and
sealed to air flow from adjoining conditioned area and the following conditions
are met:
a. The access to the mechanical room is through a self-closing, gasketed
door;
b. No other exhaust appliances are located within the mechanical room;
c. The mechanical room is provided with outside combustion air as specified
in this code;
d. The isolation of the mechanical room from adjoining conditioned areas is
verified with a differential-pressure test not exceeding 45 Pascals,
performed by approved licensed contractors;
e. Such natural draft appliances pass a combustion safety test under worst-
case depressurization conditions in accordance with Building Performance
Institute (BPI) Technical Standards for the Heating Professional; and
f. Documentation of satisfactory testing results are submitted to the building
official prior to final approval.
2. Natural draft fireplaces that pass a combustion safety test, under worst-case
depressurization conditions, performed by approved licensed contractors and
conducted in accordance with the Building Performance Institute (BPI) Technical
Standards for the Heating Professional, prior to final approval.
(16) Section 304.11 Combustion air ducts is hereby retained in its entirety with the following
amendments:
. . .
1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the
International Mechanical Code or of a material having equivalent corrosion
resistance, strength and rigidity.
Exception:
Where the installation of galvanized steel ducts is not practical due to existing finish
materials within dwelling units that are undergoing alteration or reconstruction,
unobstructed stud and joist spaces shall not be prohibited from conveying combustion air,
provided that not more than one required fireblock is removed.
. . .
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9. All combustion air openings or ducts shall be readily identifiable with an
approved label or by other means warning persons that obstruction of such openings or
ducts may cause fuel-burning equipment to release combustion products and dangerous
levels of carbon monoxide into the building.
(17) Section 305.1 General is hereby retained in its entirety with the following amendments:
. . .
Where natural draft appliances are replaced in existing multi-family buildings, all
appliances with a draft hood shall pass a combustion safety test under natural conditions,
conducted by an approved agency in accordance with the Building Performance Institute
(BPI) Technical Standards for the Heating Professional. Such appliances shall also be
combustion safety tested under worst-case depressurization conditions, by an approved
agency in accordance with Building Performance Institute (BPI) Technical Standards for
the Heating Professional. Should an appliance not pass such test, a disclosure form
reporting the test results shall be provided to the dwelling unit owner. A copy of such
disclosure form, signed by the homeowner, shall be submitted to the Building Official
prior to approval.
(18) Section 305.3 Elevation of ignition source is hereby retained in its entirety with the
following amendments:
305.3 Elevation of ignition source. Electrical devices, equipment and appliances having
an ignition source shall be elevated such that the source of ignition is not less than 18
inches (457 mm) above the floor in hazardous locations and public garages, private
garages, repair garages, motor fuel-dispensing facilities and parking garages. For the
purpose of this Section, rooms or spaces that are not part of the living space of a dwelling
unit and that communicate directly with a private garage through openings shall be
considered to be part of the private garage.
(19) Section 308.4.5 Clearance from supply ducts is hereby retained in its entirety with the
following amendments:
308.4.5 Clearance from supply ducts. Supply air ducts connecting to listed central
heating furnaces where the bonnet temperature exceeds 150°F (68°C) shall have the same
minimum clearance to combustibles as required for the furnace supply plenum for a
distance of not less than 3 feet (914 mm) from the supply plenum. Clearance is not
required beyond the 3-foot (914 mm) distance.
(20) Section 404.9 Above-ground piping outdoors is hereby retained in its entirety with the
following amendments:
404.9 Above-ground piping outdoors. Piping installed outdoors shall be elevated not
less than 6 inches (152 mm) above ground and where installed across roof surfaces, shall
be elevated not less than 3½ inches (89 mm) above the roof surface. Piping installed
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above ground, outdoors, and installed across the surface of roofs shall be securely
supported and located where it will be protected from physical damage. Where passing
through an outside wall, the piping shall be protected against corrosion by coating or
wrapping with an inert material. Where piping is encased in a protective pipe sleeve, the
annular space between the piping and the sleeve shall be sealed.
(21) Section 404.12 Minimum burial depth is hereby retained in its entirety with the
following amendments:
404.12 Minimum burial depth. Underground piping systems shall be installed a
minimum depth of 18 inches (457 mm) below grade.
(22) Section 404.12.1 Individual outside appliances, is hereby retained in its entirety with the
following amendments:
404.12.1 Individual outside appliances. Individual lines to outdoor lights, grills and
other appliances shall be installed a minimum of not less than 18 inches (457 mm) below
finished grade.
Exception:
Approved materials installed a minimum of 6 inches (152 mm) below finished grade
when covered with a concrete slab 3 1/2 inches (89 mm) in minimum thickness, stone
patio, concrete pavers or other approved materials.
(23) Section 404.15 Outlet closure is hereby retained in its entirety with the following
amendments:
404.15 Outlet closures. Gas outlets and fittings which allow for future gas line
expansion that do not connect to appliances shall be provided with an approved gas
shutoff valve with the end capped gas-tight.
Exception:
1. Listed and labeled flush-mounted-type quick disconnect devices and listed and
labeled gas convenience outlets shall be installed in accordance with the
manufacturer’s instructions.
2. Drip/dirt legs installed at the floor level at appliances.
(24) Section 405.1 General is hereby retained in its entirety with the following amendments:
405.1 General. Changes in direction of rigid metallic pipe specified in Section 403.4
shall be permitted to be made only by the use of fittings, and factory bends.
(25) Section 405.2 Metallic pipe is hereby deleted in its entirety:
4.6
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Attachment: Ordinance No. 076, 2017 (IFGC) (5667 : SR 072-076 I-Codes)
- 8 -
(26) Section 406.4.1 Test pressure is hereby retained in its entirety with the following
amendments:
406.4.1 Test pressure. The test pressure to be used shall be not less than one and one-
half times the proposed maximum working pressure, but not less than 10 psig (67 kPa
gauge) irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa
gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping
greater than 50 percent of the specified minimum yield strength of the pipe.
(27) A new Section 409.3.2.1 Exterior appliances is hereby added to read as follows:
409.3.2.1 Exterior appliances. Any building serving exterior appliances shall provide a
shut-off valve at the exterior of the building.
(28) Section 409.5.2 Vented decorative appliances and room heaters is hereby retained in its
entirety with the following amendments:
409.5.2 Vented decorative appliances and room heaters. Shutoff valves for vented
decorative appliances, room heaters and decorative appliances for installation in vented
fireplaces shall be permitted to be installed in an area remote from the appliances where
such valves are provided with ready access. Such valves shall be permanently identified
and shall not serve another appliance. Remote valves shall be operable on the same floor
as the appliance served and within 12 feet (3.66 m) of the appliance as measured along
the floor line. The piping from the shutoff valve to within 6 feet (1829 mm) of the
appliance shall be designed, sized and installed in accordance with Sections 401 through
408.
(29) Section 410.3 Venting of regulators is hereby retained in its entirety with the following
amendments:
410.3 Venting of regulators. Pressure regulators that require a vent shall be vented
directly to the outdoors. The vent shall be designed to prevent the entry of insects, water
and foreign objects. Vents shall not terminate within 3 feet (0.916 m) of openings into the
building.
. . .
(30) Section 501.8 Appliances not required to be vented is hereby retained in its entirety with
the following amendments:
. . .
8. Direct-fired makeup air heaters.
. . .
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Attachment: Ordinance No. 076, 2017 (IFGC) (5667 : SR 072-076 I-Codes)
- 9 -
(31) Section 503.2.2 Well-ventilated spaces is hereby deleted in its entirety.
(32) Section 503.5.6.1 Chimney lining is hereby retained in its entirety with the deletion of
the listed “Exception” which is stricken in its entirety.
(33) Section 503.6.5 Minimum height is hereby retained in its entirety with the following
amendments:
503.6.5 Minimum height. A Type B or L gas vent shall terminate not less than 5 feet
(1524 mm) in vertical height above the highest connected appliance draft hood or flue
collar. A Type B-W gas vent shall terminate not less than 12 feet (3658 mm) in vertical
height above the bottom of the wall furnace. All gas vents shall terminate a minimum of
22 inches (559 mm) above the surface or grade directly below.
(34) Section 614.4 Exhaust installation is hereby retained in its entirety with the following
amendments:
614.4 Exhaust installation. Exhaust ducts for clothes dryers shall terminate on the
outside of the building and shall be equipped with a backdraft damper. Dryer exhaust
duct terminations shall not be located within 36 inches (914 mm) of exterior openings
into conditioned spaces, crawl spaces and attics. Screens shall not be installed at the duct
termination. Ducts shall not be connected or installed with sheet metal screws or other
fasteners that will obstruct the flow. Clothes dryer exhaust ducts shall not be connected to
a vent connector, vent or chimney. Clothes dryer exhaust ducts shall not extend into or
through ducts or plenums.
(35) Section 614.8.4.2 Manufacturer’s instructions is hereby deleted in its entirety:
(36) Section 621 Unvented room heaters is hereby deleted in its entirety:
(37) A new Section 623.3.1 Kitchens with gas cooking is hereby added to read as follows:
623.3.1 Kitchens with gas cooking. Gas cooking appliances in residential kitchens shall
be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust
systems shall not terminate in an attic or crawl space or areas inside the building and
shall not induce or create a negative pressure in excess of negative 3 Pa or adversely
affect gravity-vented appliances.
(38) Section 630.3 Combustion and ventilation air is hereby amended to read as follows:
630.3 Combustion and ventilation air. Where infrared heaters are installed, natural or
mechanical means shall provide outdoor ventilation air at a rate of not less than 4 cfm per
1,000 Btu/h (0.38 m3/min/kW) of the aggregate input rating of all such heaters installed
in the space. Exhaust openings for removing flue products shall be above the level of the
heaters.
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Attachment: Ordinance No. 076, 2017 (IFGC) (5667 : SR 072-076 I-Codes)
- 10 -
(39) Section 636 Outdoor decorative appliances is hereby retained in its entirety with the
following amendments:
636.1 General. Permanently fixed-in-place outdoor decorative appliances shall be tested
in accordance with ANSI Z21.97 and shall be provided with a flame safeguard device
and be installed in accordance with the manufacturer’s instructions. Appliances shall not
be located beneath or within 10 feet (3048 mm) of combustible construction.
(40) Chapter 8 REFERENCED STANDARDS is hereby amended to add, in alphabetical
order, the following additional referenced standards:
BPI Building Performance Institute
107 Hermes Road, Suite 110
Malta, NY 12020
BPI 104 Envelope Professional Standard and BPI Technical Standards for the Heating
Professional
Referenced in Amended 12 IFGC Section 303.5.1 Natural Draft Appliances Locations
and Section 305.1 General
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.6
Packet Pg. 185
Attachment: Ordinance No. 076, 2017 (IFGC) (5667 : SR 072-076 I-Codes)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Seth Lorson, Transit Planner
SUBJECT
Second Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code Regarding Stadium
Events.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 6, 2017, adopts a new violation of the
Residential Parking Permit Program (RP3) for Colorado State University’s (CSU) major stadium events.
Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has worked with
neighborhoods adjacent to the university campus to develop parking restrictions during major events at the
new CSU stadium. Non-residents will not be permitted to park in participating neighborhoods during football
games or any events with an expected attendance of 12,000 or greater. City Parking Services staff will be
enforcing these restrictions four hours prior to the start of an event until the end of the event.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 077, 2017 (PDF)
5
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Seth Lorson, Transit Planner
SUBJECT
First Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code Regarding Stadium Events.
EXECUTIVE SUMMARY
The purpose of this item is to formally adopt a new violation of the Residential Parking Permit Program (RP3)
for Colorado State University’s (CSU) major stadium events. Consistent with the intergovernmental agreement
(IGA) between the City and CSU, staff has worked with neighborhoods adjacent to the university campus to
develop parking restrictions during major events at the new CSU stadium. Non-residents will not be permitted
to park in participating neighborhoods during football games or any events with an expected attendance of
12,000 or greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of
an event until the end of the event.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The plan for implementing RP3 for stadium events was presented to City Council at the March 28 Work
Session. Staff has decided to create a separate violation for parking in an RP3 during major stadium events,
but will not codify the amount of the fine.
All fines in the City are set by the Municipal Judge in a Schedule of Fines available to the general public. The
Municipal Judge sets the fines after input from staff and the City Attorney’s Office. Currently, the regular RP3
fine is $25. Staff intends to propose a $100 fine to the Municipal Judge as the fine amount for persons violating
the new Code provision.
There are several reasons staff has concluded a $100 fine would be appropriate. First, event parking for
football games is anticipated to cost $20. That amount will likely rise in the future so a $25 fine is little to no
deterrent for those conducting a cost/benefit analysis of risking a parking ticket over paying $20 (or more) for
parking. The $100 fine would match the highest parking ticket cost of parking in disabled parking, which is also
a $100 fine.
At the work session, Councilmembers generally expressed agreement with this approach. (Attachment 1)
Standards in place during stadium events follow:
No non-permitted vehicles may park in participating neighborhoods beginning four hours prior to an event
until the end of the event.
No two-hour parking is permitted.
No commuter permits are offered.
ATTACHMENT 1
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Packet Pg. 187
Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5671 : SR 077 Residential Parking Fines)
Agenda Item 9
Item # 9 Page 2
Residents may use their RP3 permits from the existing weekday program. If a neighborhood does not have
a weekday program, 2 permits per household will be issued free of charge.
Residents may have up to two guest permits per event.
CITY FINANCIAL IMPACTS
Consistent with the IGA, Colorado State University will be paying for implementation of the program.
BOARD / COMMISSION RECOMMENDATION
The Parking Advisory Board expressed opposition to the RP3 for Stadium Events program, citing that it is
unwelcoming to out-of-town visitors. If the program continues, permits should be made available for non-
residents. (Attachment 2)
PUBLIC OUTREACH
Staff held three communitywide meetings and four neighborhood meetings to discuss the program.
ATTACHMENTS
1. Work Session Summary, March 28, 2017 (PDF)
2. Parking Advisory Board Recommendation, March 13, 2017 (PDF)
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Packet Pg. 188
Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5671 : SR 077 Residential Parking Fines)
-1-
ORDINANCE NO. 077, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE
REGARDING STADIUM EVENTS
WHEREAS, on August 20, 2013, by Ordinance No. 103, 2013, the City Council
established a residential parking permit zone program (“RP3”) with the goal of reducing traffic
and excessive noise, preserving property values, and protecting residents in certain areas prone to
parking from nonresidents; and
WHEREAS, on April 13, 2015, in anticipation of the new on-campus stadium at
Colorado State University (“CSU”), the City and CSU entered into an Intergovernmental
Agreement to develop plans for mitigating the impacts of the stadium (“IGA”); and
WHEREAS, the IGA recognizes major events at CSU’s stadium will impact parking and
traffic in nearby neighborhoods; and
WHEREAS, the City wishes to minimize impacts to neighborhoods near the stadium by
providing a new and separate violation of the City’s Traffic Code for parking in an RP3 during a
major stadium event; and
WHEREAS, the City Council believes it is necessary for the preservation of the health,
safety, and welfare of the City’s citizens to amend the Traffic Code to reflect a new violation for
parking in an RP3 during major stadium events.
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 1214.5 of the Traffic Code is hereby amended to read as
follows:
Sec. 1214.5. Permitted Parking
. . .
(6) Only vehicles that have been properly permitted pursuant to
Article V of Chapter 24 of the City Code may park within a residential
parking permit zone during, or within the four hours before the official
start time of, a stadium event. Any person violating any regulation set
forth in 1214.5(1), (2), (4), or (5) during, or within the four hours before
the official start time of, a stadium event, shall be subject to the penalties
of this Subsection (6).
5.2
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Attachment: Ordinance No. 077, 2017 (5671 : SR 077 Residential Parking Fines)
-2-
(a) For purposes of this Subsection, a stadium event is defined
as any event held at the on-campus stadium at Colorado State
University at which attendance is reasonably anticipated by
Colorado State University or the City to exceed 12,000 persons.
(b) There is hereby established a rebuttable presumption that a
stadium event is occurring or has occurred when Colorado State
University or the City has provided advance notice of such event to
the general public:
(I) on its official website;
(II) on any of its generally used social media web
pages;
(III) in a local newspaper of general circulation; or
(IV) through the use of temporary signs near the stadium
on the same calendar day as the stadium event.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
5.2
Packet Pg. 190
Attachment: Ordinance No. 077, 2017 (5671 : SR 077 Residential Parking Fines)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery Laboratory located at 212
Laporte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Dairy Gold Creamery
Laboratory, 212 Laporte Avenue (currently the Butterfly Café) as a Fort Collins Landmark. The Operation
Services Department of the City of Fort Collins is initiating this request on behalf of the City as the owner.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 078, 2017 (PDF)
6
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery Laboratory located at 212
Laporte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to designate the Dairy Gold Creamery Laboratory located at 212 Laporte Avenue,
currently the Butterfly Café, as a Fort Collins Landmark. The Operation Services Department of the City of Fort
Collins is initiating this request on behalf of the City as the owner. This structure is eligible for recognition as a
Landmark due to its historic integrity and significance to Fort Collins under Designation Standard A, for its
association with the twentieth-century dairy industry in Fort Collins; and Standard C, for the building’s
Modernist design with Googie influences, which well represents the trend as expressed in this community in
the late 1950s and early 1960s.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Dairy Gold Creamery Laboratory, built in the late 1950s, was used as a depot for the delivery route drivers
and as a retail store and office space throughout the years. The building was also used as Dairy Gold’s “drive-
thru dairy bar.” Today, the building is the Butterfly Café, a coffee and brunch spot.The Dairy Gold Creamery
Laboratory is significant under Fort Collins Landmark Designation Significance Standard A, for its association
with the twentieth-century dairy industry in Fort Collins; and Standard C, for the building’s Modernist
architecture with Googie-influenced design elements, which well represents the trend of new building
construction as expressed in this community in the late 1950s and early 1960s. While the building has lost
some integrity because it is no longer in the same location on the site and because its original setting has
changed from a dairy to a municipal government setting, the overall integrity of the building is intact. It has
experienced no major alterations, continues to express its historic architectural style, and conveys association
with the former use of the site as the last remaining physical dairy structure from that era.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties.
ATTACHMENT 1
6.1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5666 : SR 078 212 LaPorte Landmark)
Agenda Item 10
Item # 10 Page 2
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission (LPC) considered this item at its April 19, 2017 Regular Meeting. The
item was adopted unanimously (8-0).
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation Application and signed owner consent (PDF)
3. Staff Report (PDF)
4. Landmark Preservation Commission Resolution (PDF)
6.1
Packet Pg. 193
Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5666 : SR 078 212 LaPorte Landmark)
-1-
ORDINANCE NO. 078, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE DAIRY GOLD CREAMERY LABORATORY
LOCATED AT 212 LAPORTE AVENUE, FORT COLLINS, COLORADO,
AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF
THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated April 19, 2017, the Landmark Preservation
Commission (the “Commission”) has determined that the Dairy Gold Creamery Laboratory
located at 212 Laporte Avenue in Fort Collins as more specifically described in the legal
description attached hereto as Exhibit A (the “Property”) is eligible for landmark designation for
its high degree of exterior integrity, and for its significance to Fort Collins under Landmark
Standard A (Events) and Standard C (Design/Construction) as contained in Section 14-5 of the
City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 the Property located in the City of Fort Collins, Larimer County,
Colorado, described in the legal description attached hereto as Exhibit “A” and incorporated
herein by reference, be designated as a Fort Collins Landmark in accordance with Chapter 14 of
the City Code.
6.2
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Attachment: Ordinance No. 078, 2017 (5666 : SR 078 212 LaPorte Landmark)
-2-
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
6.2
Packet Pg. 195
Attachment: Ordinance No. 078, 2017 (5666 : SR 078 212 LaPorte Landmark)
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6.2
Packet Pg. 197
Attachment: Ordinance No. 078, 2017 (5666 : SR 078 212 LaPorte Landmark)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company Property Located at
225 Maple Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Continental Oil
Company Property, 225 Maple Street, as a Fort Collins Landmark. This building currently houses FoCo Café.
The Operation Services Department of the City of Fort Collins is initiating this request on behalf of the City as
the owner.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 080, 2017 (PDF)
7
Packet Pg. 198
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company Property Located at 225
Maple Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to designate the Continental Oil Company Property located at 225 Maple Street as
a Fort Collins Landmark. This building currently houses FoCo Café. The Operation Services Department of the
City of Fort Collins is initiating this request on behalf of the City as the owner. The Continental Oil Company
Property consists of a warehouse/office building, shop/garage, and a pump house. Each of these buildings is
eligible for recognition as a Landmark due to its historic integrity and significance to Fort Collins under
Designation Standard A, for its association with the early industrial growth of the early twentieth-century
occurring near the railroads and river; and Standard C for its early twentieth-century design characteristics.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Continental Oil Company Property is significant under Fort Collins Landmark Designation Standard A, for
its association with industrial growth of the early twentieth-century, and Standard C, for its identifiable early
twentieth-century design characteristics. Both the warehouse/office building and shop/garage were built in
approximately 1913. The pump house was built in the fall of 1949. Together, these buildings were essential to
the success of the oil dealer depot. The buildings retain a strong preponderance of exterior integrity under all
seven aspects of integrity.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission (LPC) considered this item at its April 19, 2017 Regular Meeting. The
item was adopted unanimously (8-0).
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5673 : SR 079 225 Maple Landmark)
Agenda Item 11
Item # 11 Page 2
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos and signed owner consent (PDF)
3. Staff Report (w/o attachments) (PDF)
4. Landmark Preservation Commission Resolution (PDF)
7.1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5673 : SR 079 225 Maple Landmark)
-1-
ORDINANCE NO. 079, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE CONTINENTAL OIL COMPANY PROPERTY
LOCATED AT 225 MAPLE STREET, FORT COLLINS, COLORADO,
AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated April 19, 2017, the Landmark Preservation
Commission (the “Commission”) has determined that the Continental Oil Company Property
located at 225 Maple Street in Fort Collins as more specifically described in the legal description
attached hereto as Exhibit A (the “Property”) is eligible for landmark designation for its high
degree of exterior integrity, and for its significance to Fort Collins under Landmark Standard A
(Events) and Standard C (Design/Construction) as contained in Section 14-5 of the City Code;
and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 the Property located in the City of Fort Collins, Larimer County,
Colorado, described in the legal description attached hereto as Exhibit “A” and incorporated
herein by reference, be designated as a Fort Collins Landmark in accordance with Chapter 14 of
the City Code.
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Attachment: Ordinance No. 080, 2017 (5673 : SR 079 225 Maple Landmark)
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Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 080, 2017 (5673 : SR 079 225 Maple Landmark)
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Attachment: Ordinance No. 080, 2017 (5673 : SR 079 225 Maple Landmark)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
John Voss, Controller
Josh Birks, Economic Health Director
Travis Storin, Accounting Director
SUBJECT
Items Relating to the Lease Financing of the Firehouse Alley Parking Garage.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property and the
Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and Other Documents
and Matters in Connection with the Financing of the City’s Acquisition of Certain Parking Facilities; Setting
Forth Certain Parameters and Restrictions with Respect to the Financing; and Providing for Other Matters
Related Thereto.
B. Second Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in the Capital
Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley Parking Structure and to
Pay for Related Lease Financing Costs.
C. Resolution 2017-062 Authorizing the City Manager to Execute an Intergovernmental Agreement with the
Downtown Development Authority Regarding Contributions to the City for Public Parking Spaces and
Parking Programs in Downtown Fort Collins.
These Ordinances, unanimously adopted on First Reading on June 6, 2017, authorize the financing and
acquisition of the Firehouse Alley Parking Structure. Total costs are projected to be $8,430,000. The City will
acquire approximately 216 spaces located on the second and third floors. Resolution 2017-062 authorizes an
intergovernmental agreement with the Downtown Development Authority (DDA) that outlines the DDA
contribution of $300,000 a year toward the lease payments, beginning in 2019.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading and the Resolution.
BACKGROUND / DISCUSSION
The proposed intergovernmental agreement (IGA) between the City and DDA is included with Resolution
2017-062. It was not included in at First Reading because the DDA was still working on the specific language.
Some concerns have been raised about using the Senior Center as collateral in the certificate of participation
(COP) financing. Two charitable foundations previously donated funds to the City that were used for recent
renovations to the Senior Center. The donations were subject to restrictions on the use of the Senior Center
as collateral in financing transactions. Both of these foundations have recently waived those restrictions.
(Attachment 2)
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Agenda Item 8
Item # 8 Page 2
BOARD / COMMISSION RECOMMENDATION
The proposed IGA between the City and DDA has not been formally approved by the DDA. At its May 11,
2017 regular meeting, the Board reviewed the draft and offered some minor changes to staff. Unfortunately
the Board did not have a quorum at its regular meeting on June 8. DDA approval of the IGA is fully expected
to occur at its next meeting on July 13.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6 , 2017 (w/o attachments) (PDF)
2. Memo re: Senior Center Grant Requirements and Use as Collateral for Parking Financing (PDF)
3. Ordinance No. 081, 2017 (PDF)
4. Ordinance No. 082, 2017 (PDF)
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Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
John Voss, Controller
Josh Birks, Economic Health Director
SUBJECT
Items Relating to the Lease Financing of the Firehouse Alley Parking Garage.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property and the
Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and Other Documents
and Matters in Connection with the Financing of the City’s Acquisition of Certain Parking Facilities; Setting
Forth Certain Parameters and Restrictions with Respect to the Financing; and Providing for Other Matters
Related Thereto.
B. First Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in the Capital
Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley Parking Structure and to
Pay for Related Lease Financing Costs.
The purpose of this item is to authorize the financing and acquisition of the Firehouse Alley Parking Structure.
Total costs are projected to be $8,430,000. The City will acquire approximately 216 spaces located on the
second and third floors.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
City Council adopted Resolution 2015-101 on November 17, 2015, that approved a Construction and Purchase
Agreement for the City's purchase of parking spaces in the proposed Jefferson Street Parking Structure (now
called Firehouse Alley Parking Structure).
Project Overview
The public-private partnership has constructed a 3-level mixed-use parking structure with 335 parking spaces
and 2,988 square feet of retail space, located at the corner of Chestnut and Jefferson Streets, (the Project).
The Project is a public-private partnership between the City of Fort Collin and the developers of The Elizabeth
Hotel (Bohemian Companies, McWhinney, and Sage Hospitality - collectively the Developer). The structure
entry will be on Chestnut Street and the retail spaces will face onto Old Firehouse Alley. The Project will
contain all required vehicle and bicycle parking for the hotel.
Parking
The Project is designed as a three-bay structure with a central ramp for moving between floors. The central
ramp allows for the exterior of the structure on all four faces to have horizontal floors. This construction allows
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6 , 2017 (w/o attachments) (5665 : SR 081 082 Firehouse Alley Garage)
Agenda Item 20
Item # 20 Page 2
for an efficient use of the available footprint and a structure that addresses the streets and alley with a
consistent façade free of the impacts from the required ramps. The structure will be constructed above ground
with the exception of a short downward ramp on the first floor. The floor to ceiling height on the ground floor
will be higher to accommodate retail space facing the alley. The result is approximately 323 parking spaces
over three levels. (see Table 1)
Table 1
Parking Count By Floor and Type
Tier Standard Van Accessible Accessible Total
Ground 84 2 2 88
Second 117 0 2 119
Third 114 0 2 116
Total 315 2 6 323
Of the parking, 107 of spaces will be dedicated to The Elizabeth Hotel (approved by the Planning and Zoning
Board on August 10, 2015) and the remaining 216 spaces will be public parking managed by the City. The
hotel’s parking will include all of the ground floor with the balance of spaces located on the second floor. The
remaining spaces on the second and third level will be available for public parking. The ground floor will have
limited access for hotel patrons and staff only and will be used for hotel valet and general parking. The
remaining hotel spaces will be designated as “Reserved for Hotel Use” using signs on the second floor. (see
Table 2)
Table 2
Parking Count By Floor and Use
Tier Hotel Public Total
Ground 84 4 88
Second 23 96 119
Third 0 116 116
Total 107 216 323
Retail
The Project includes 2,988 square feet of retail facing Old Fire House Alley that will contain artisan and hotel
supporting retailers. This retail is located immediately across the alley from the Fort Collins Hotel bar and lobby
space and will create an active and vibrant alley. In addition, the Project includes the façade improvements for
a similar amount of retail along the Jefferson Street structure face. This retail will not be constructed during the
initial Project. This Jefferson Street facing retail will be reserved for future construction when nearby
development has created a more active pedestrian atmosphere along Jefferson Street. The City will be able to
drive the timing of this construction through an option specified in the purchase and sale agreement.
Design Considerations
The proposed design is a result of a thoughtful context-sensitive approach by the Developer. Although the
Project is outside of the Old Town Historic District, the design team utilized the Old Town Historic District
Design Standards to inform the building and site design. In addition, the design team referred to the River
District Design Guidelines for Structured Parking 6.25 thru 6.27 for guidance on design. The result is a
structure that bridges the industrial character of the River District to the historic character of the Old Town
Historic District.
The Project was reviewed and recommended for approval by the Landmark Preservation Commission (LPC)
on September 28, 2015 and approved by the Planning and Zoning Board on October 8, 2015.
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Attachment: First Reading Agenda Item Summary, June 6 , 2017 (w/o attachments) (5665 : SR 081 082 Firehouse Alley Garage)
Agenda Item 20
Item # 20 Page 3
Downtown Public Parking Demand
The Parking Plan includes a Parking Demand Model that provides insights into future parking needs based on
existing and future land uses. This model, combined with additional staff analysis, generated an estimate of the
overall demand for additional public parking in the Downtown area. Table 3 (excerpted from the Parking Plan)
summarizes the estimate of future public parking demand over a 10-year period.
Table 3
Future Public Parking Demand: 10 Year Horizon
The analysis indicates a demand for approximately 910 spaces over the 10-year horizon with an additional 600
spaces needed to support a proposed 1,500 seat performance hall. Therefore, the Project as proposed meets
24 percent of the projected need for all future public parking demand and 43 percent of the demand from
background growth in demand as projected by the Parking Demand Model. The Project as proposed also
locates the 216 additional public parking spaces in one of the seven identified target areas within the Parking
Plan. Therefore, the Project aligns with the needs and locations identified within the Parking Plan for additional
public parking.
Partnership Structure
As recommended in the Parking Plan, this Project uses a Public Private Partnership to deliver additional public
parking in the Downtown area. In the proposed partnership, the Developer of The Elizabeth Hotel is
constructing the Project and when completed (anticipated in August 2017), the Developer will sell the City
approximately 216 parking stalls in two condominium spaces. The process is very similar to the approach used
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Agenda Item 20
Item # 20 Page 4
to construct the new Foothills Activity Center and the Council Tree Public Library. In addition, this approach
allows for the City to utilize tax-exempt financing.
Financing Overview
The financing method for the City’s acquisition of the parking spaces is a lease-lease back transaction with the
issuance of certificates of participation. The purchaser of the certificates of participation will be Vectra Bank
and the Senior Center is being used as the leased property in the lease-lease back transaction.
The Downtown Development Authority (DDA) has drafted an intergovernmental agreement (IGA) that City
Council will consider at its July 5, 2017, regular meeting. The DDA intends to contribute $300,000 a year
toward the lease payments beginning in 2019. The DDA Board is still considering the form of the IGA and is
expected to finalize and approve the IGA at their June meeting. In addition, after June 2018, monies being
used for the payment of the lease-purchase financing transaction for the Civic Center Parking Structure and
215 North Mason will become available to use for the lease payments under this lease-lease back transaction.
Closing on the financing package is scheduled for July 18 and the City’s acquisition of the parking spaces in
the structure is anticipated to occur in late August or September 2017.
CITY FINANCIAL IMPACTS
The lease-lease back financing transaction will provide $8.43 million of proceeds to be repaid over a term of 10
years at 2.48% interest. Lease payments, subject to annual appropriation, begin in 2018 and go through 2027
with average annual payments of $962,000. Beginning in 2019, the DDA is expected to contribute $300,000
annually to these lease payments. The rest will come from available monies after the final payment on the
lease-purchase financing transaction for the Civic Center Parking Structure and the 215 North Mason
administrative building, which final payment occurs on June 1, 2018. General Fund monies previously used for
those lease payments will be used for the lease payments under the lease-lease back transaction involving the
Senior Center.
BOARD / COMMISSION RECOMMENDATION
City Council Finance and Audit Committee discussed this item May 15, 2017.
ATTACHMENTS
1. Council Finance Committee minutes, May 15, 2017 (draft) (PDF)
2. Site Lease (PDF)
3. Lease Agreement (PDF)
4. Powerpoint presentation (PDF)
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Attachment: First Reading Agenda Item Summary, June 6 , 2017 (w/o attachments) (5665 : SR 081 082 Firehouse Alley Garage)
ATTACHMENT 2
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Attachment: Memo re: Senior Center Grant Requirements and Use as Collateral for Parking Financing (5665 : SR 081 082 Firehouse Alley
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Attachment: Memo re: Senior Center Grant Requirements and Use as Collateral for Parking Financing (5665 : SR 081 082 Firehouse Alley
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Attachment: Memo re: Senior Center Grant Requirements and Use as Collateral for Parking Financing (5665 : SR 081 082 Firehouse Alley
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ORDINANCE NO. 081, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASING OF CERTAIN CITY PROPERTY AND THE EXECUTION
AND DELIVERY BY THE CITY OF A SITE LEASE, A LEASE AGREEMENT, AND
OTHER DOCUMENTS AND MATTERS IN CONNECTION WITH THE FINANCING OF
THE CITY’S ACQUISITION OF CERTAIN PARKING FACILITIES; SETTING FORTH
CERTAIN PARAMETERS AND RESTRICTIONS WITH RESPECT TO THE FINANCING;
AND PROVIDING FOR OTHER MATTERS RELATED THERETO
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and
existing home rule municipality of the State of Colorado, created and operating pursuant to
Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the
“Charter”);
WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado
Constitution, and part 8 of Article 15 of title 31, Colorado Revised Statutes (“C.R.S.”), to enter
into rental or leasehold agreements in order to provide necessary land, buildings, equipment and
other property for governmental or proprietary purposes;
WHEREAS, the City Council of the City (the “City Council”) is authorized by Chapter
23, Article IV, Division 2 of the Fort Collins Municipal Code, to lease any and all interests in
real property owned in the name of the City if the City Council first finds that the lease is in the
best interest of the City;
WHEREAS, the City desires to acquire approximately 216 parking spaces in a parking
facility (the “Project”) that is being constructed by Bohemian Companies in connection with a
hotel development project in downtown Fort Collins;
WHEREAS, the City Council has determined and hereby determines that it is in the best
interest of the City to finance the acquisition of the Project by entering into a lease financing
with ZB, N.A., or such other purchaser selected by the City (the “Purchaser”);
WHEREAS, the proceeds of the lease financing will be used to finance the acquisition of
the Project;
WHEREAS, the City Council has determined and hereby determines that the leased
property under the Site Lease (hereinafter defined) and the Lease (hereinafter defined) will
consist of a site of approximately 8.75 acres (the “Site”) and the building and improvements
located thereon, which consists of the Fort Collins Senior Center (as more particularly described
in Exhibit A to the Site Lease and the Lease, the “Leased Property”);
WHEREAS, the City Council now hereby determines that in order to finance the
acquisition of the Project, it is in the best interest of the City and its inhabitants that (a) the City
enter into a Site and Improvement Lease (the “Site Lease”) with U.S. Bank National Association,
as trustee (the “Trustee”) under the Indenture (hereinafter defined) pursuant to which the City
will lease the Leased Property to the Trustee, and that (b) the City enter into a Lease Agreement
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(the “Lease”) with the Trustee pursuant to which the Trustee will lease the Leased Property back
to the City;
WHEREAS, pursuant to the Lease, and subject to the right of the City to terminate the
Lease and other limitations as therein provided, the City will pay certain Base Rentals and
Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the
City to use the Leased Property;
WHEREAS, the City’s obligation under the Lease to pay Base Rentals and Additional
Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the
City; shall not constitute a mandatory charge or requirement in any ensuing budget year; shall
not constitute a general obligation or other indebtedness or multiple fiscal year financial
obligation of the City within the meaning of any constitutional, charter, statutory limitation or
other requirement concerning the creation of indebtedness or multiple fiscal year financial
obligation, nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any
fiscal year during which the Lease shall be in effect;
WHEREAS, the Trustee will enter into an Indenture of Trust (the “Indenture”) pursuant
to which there will be executed and delivered certain certificates of participation (the
“Certificates”) dated as of their date of delivery that shall evidence proportionate interests in the
right to receive certain Revenues (as defined in the Lease), which Certificates shall be payable
solely from the sources therein provided and shall not directly or indirectly obligate the City to
make any payments beyond those appropriated for any fiscal year during which the Lease shall
be in effect;
WHEREAS, the Certificates will be purchased by the Purchaser;
WHEREAS, the proceeds from the sale of the Certificates will finance the acquisition of
the Project by the City and pay the costs of issuance in connection therewith;
WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting
Title 11, Article 57, Part 2, C.R.S., as amended (the “Supplemental Act”), provides that a public
entity, including the City, may elect in an act of issuance to apply all or any of the provisions of
the Supplemental Act; and
WHEREAS, there has been presented to the City Council and are on file at the City
offices the following: (i) the proposed form of the Site Lease; and (ii) the proposed form of the
Lease.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO as follows:
Section 1. Recitals Incorporated. The foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the City Council.
Section 2. Ratification and Approval of Prior Actions. All action heretofore taken
(not inconsistent with the provisions of this Ordinance) by the City Council or the officers,
agents or employees of the City relating to the selection of the Purchaser, the execution and
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delivery of the Site Lease and the Lease, the acquisition of the Project, and the sale, execution
and delivery of the Certificates is hereby ratified, approved and confirmed.
Section 3. Finding of Best Interests. The City Council hereby finds and determines,
pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the
acquisition of the Project, and the financing of the costs thereof, including the costs of issuance
incurred in connection therewith, pursuant to the terms set forth in the Site Lease, the Lease and
the Sale Certificate (hereinafter defined) are necessary, convenient, and in furtherance of the
City’s public purposes and are in the best interests of the City and the City Council hereby
authorizes and approves the same.
Section 4. Supplemental Act; Parameters. The City Council hereby elects to apply
all of the provisions of the Supplemental Act to the Site Lease and the Lease and in connection
therewith delegates to each of the City Manager or the Financial Officer of the City (the
“Financial Officer”) the independent authority to make any determination delegable pursuant to
§11-57-205(1)(a-i) C.R.S., as amended, in relation to the Site Lease and the Lease, and to
execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including
without limitation, the term of the Site Lease, the rental amount to be paid by the Trustee
pursuant to the Site Lease, the term of the Lease, and the rental amount to be paid by the City
pursuant to the Lease, subject to the following parameters and restrictions:
a. the term of the Site Lease shall not extend beyond December 31, 2032;
b. the aggregate rental amount to be paid by the Trustee pursuant to the Site
Lease shall not be less than $9,995,000;
c. the Lease Term shall not extend beyond December 31, 2027;
d. the maximum annual repayment cost of the Base Rentals under the Lease
shall not exceed $995,000, and the aggregate principal amount of the Base
Rentals payable by the City pursuant to the Lease shall not exceed
$8,600,000;
e. the maximum interest rate on the interest component of the Base Rentals
relating to the Certificates shall not exceed 2.75%; and
f. the purchase price of the Certificates shall not be less than 100% of the
principal amount of the Certificates.
Pursuant to §11-57-205 of the Supplemental Act, the City Council hereby delegates to
each of the City Manager or the Financial Officer the independent authority to select the
purchaser of the Certificates, to sign a contract for the purchase of the Certificates or to accept a
binding bid for the Certificates and to execute any agreement or agreements in connection
therewith.
The delegation set forth in this Section 4 shall be effective for one year following the date
hereof.
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The City Council hereby agrees and acknowledges that the net proceeds of the
Certificates will be used, together with other available moneys of the City, to finance the costs of
acquiring the Project and to pay costs of issuance.
Section 5. Approval of Documents. The Site Lease and the Lease, in substantially
the forms presented to the City Council and on file with the City Clerk in connection with this
Ordinance, are in all respects approved, authorized and confirmed, and the Mayor of the City is
hereby authorized and directed for and on behalf of the City to execute and deliver the Site Lease
and the Lease, in substantially the forms and with substantially the same contents as presented to
the City Council, provided that such documents may be completed, corrected or revised as
deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance.
Section 6. Authorization to Execute Collateral Documents. The City Clerk is hereby
authorized and directed to attest all signatures and acts of any official of the City in connection
with the matters authorized by this Ordinance and to place the seal of the City on any document
authorized and approved by this Ordinance. The Mayor, the City Clerk, the City Manager, the
Financial Officer and other employees and officials of the City are hereby authorized and
directed to execute and deliver for and on behalf of the City any and all additional certificates,
documents and other papers, and to perform all other acts that they may deem necessary or
appropriate in order to implement and carry out the transactions and other matters authorized by
this Ordinance. The approval hereby given to the various documents referred to above includes
an approval of such additional details therein as may be necessary and appropriate for their
completion, deletions therefrom and additions thereto as may be approved by the City Manager
or the Financial Officer prior to the execution of the documents. The execution of any
instrument by the appropriate officers of the City herein authorized shall be conclusive evidence
of the approval by the City of such instrument in accordance with the terms hereof.
Section 7. No General Obligation Debt. No provision of this Ordinance, the Site
Lease, the Lease, the Indenture, or the Certificates shall be construed as creating or constituting a
general obligation or other indebtedness or multiple fiscal year financial obligation of the City
within the meaning of any constitutional, statutory or Charter provision, nor a mandatory charge
or requirement against the City in any ensuing fiscal year beyond the then current fiscal year.
The City shall have no obligation to make any payment with respect to the Certificates except in
connection with the payment of the Base Rentals and certain other payments under the Lease,
which payments may be terminated by the City in accordance with the provisions of the Lease.
Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the
City in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a
general obligation or other indebtedness or multiple fiscal year financial obligation of the City
within the meaning of any constitutional, statutory or Charter debt limitation and shall not
constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever.
No provision of the Site Lease, the Lease or the Certificates shall be construed or interpreted as
creating an unlawful delegation of governmental powers nor as a donation by or a lending of the
credit of the City within the meaning of Sections 1 or 2 of Article XI of the Colorado
Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the City
to make any payments beyond those budgeted and appropriated for the City’s then current fiscal
year.
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Section 8. Reasonableness of Rentals; Fair Market Value. The City Council hereby
determines and declares that the Base Rentals due under the Lease, in the maximum amounts
authorized pursuant to Section 4 hereof, constitute the fair rental value of the Leased Property
and do not exceed a reasonable amount so as to place the City under an economic compulsion to
renew the Lease or to exercise its option to purchase the Trustee’s interest in the Leased Property
pursuant to the Lease. The City Council hereby determines and declares that the period during
which the City has an option to purchase the Trustee’s leasehold interest in the Leased Property
(i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased
Property.
The City Council hereby further determines that the amount of rental payments to be
received by the City from the Trustee pursuant to the Site Lease, in accordance with the
provisions set forth in Section 4 hereof, is fair market consideration for the leasing of the Leased
Property to the Trustee for the term of the Site Lease as provided therein.
Section 9. No Recourse against Officers and Agents. Pursuant to §11-57-209 of the
Supplemental Act, if a member of the City Council, or any officer or agent of the City acts in
good faith, no civil recourse shall be available against such member, officer, or agent for
payment of the principal, interest or prior redemption premiums on the Certificates. Such
recourse shall not be available either directly or indirectly through the City Council or the City,
or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty,
or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale
or purchase, any person purchasing or selling such Certificate specifically waives any such
recourse.
Section 10. Repealer. All ordinances, resolutions, bylaws, orders, and other
instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw,
order, or other instrument, or part thereof, heretofore repealed.
Section 11. Severability. If any section, subsection, paragraph, clause or other
provision of this Ordinance for any reason is held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause or other provision shall not affect
any of the remaining provisions of this Ordinance, the intent being that the same are severable.
Section 12. Charter Controls. Pursuant to Article XX of the State Constitution and the
Charter, all State statutes that might otherwise apply in connection with the provisions of this
Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any
such inconsistency or conflict is intended by the City Council and shall be deemed made
pursuant to the authority of Article XX of the State Constitution and the Charter.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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STATE OF COLORADO )
)
COUNTY OF LARIMER ) ss.
)
CITY OF FORT COLLINS )
I, Wanda Winkelmann, City Clerk of the City of Fort Collins, Colorado (the
“City”), do hereby certify the following:
1. The attached copy of Ordinance No. 081, 2017 (the “Ordinance”) is a true,
correct and complete copy thereof.
2. The Ordinance was introduced, read, and approved on first reading by the
City Council of the City (the “Council”) at a regular meeting thereof held at Council Chambers,
City Hall, 300 West LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof,
on Tuesday, the 6th day of June, 2017, by the members of the Council as follows:
Name “Yes” “No” Absent Recused
Wade Troxell, Mayor
Gerry Horak, Mayor
Pro-Tem
Bob Overbeck
Ray Martinez
Ken Summers
Kristin Stephens
Ross Cunniff
3. The Ordinance was duly published in full at least seven days before its
final passage on the City’s official internet web site. In addition, the Ordinance was duly
published by number and title only, together with a statement that the text thereof was available
for public inspection and acquisition in the office of the City Clerk of the City and on the City’s
internet web site, in the Coloradoan, a newspaper of general circulation published in the City in
its issue of June __, 2017, as evidenced by the certificate of the publisher attached hereto as
Exhibit A. Both publications contained a notice giving the date when the Ordinance would be
presented for final passage.
4. The Ordinance was read and finally passed on second reading, without
amendment, by the Council at a regular meeting thereof held at Council Chambers, City Hall,
300 West LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on
Tuesday, the 5th day of July, 2017, by the members of the Council as follows:
8.3
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Name “Yes” “No” Absent Recused
Wade Troxell, Mayor
Gerry Horak, Mayor
Pro-Tem
Bob Overbeck
Ray Martinez
Ken Summers
Kristin Stephens
Ross Cunniff
5. Following its final passage, the Ordinance was duly published in full on the City’s
official internet web site within seven days following its final passage. In addition, a notice of
the final passage of the Ordinance was duly published in the Coloradoan, a newspaper of general
circulation published in the City, in its issue of July __, 2017, as evidenced by the certificate of
the publisher attached hereto as Exhibit B.
6. A true copy of the Ordinance has been authenticated by the signatures of the
Mayor of the City and myself as City Clerk, sealed with the seal of the City, and numbered and
recorded in a book marked “Ordinance Record” kept for that purpose in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins, Colorado this _____ day of _________, 2017.
_____________________________
City Clerk
(SEAL) City of Fort Collins, Colorado
8.3
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Exhibit A
(Attach certificate of publication of Ordinance after first reading)
8.3
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Exhibit B
(Attach certificate of publication of Ordinance after final passage)
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ORDINANCE NO. 082, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING THE LEASE FINANCING PROCEEDS IN THE
CAPITAL PROJECTS FUND TO BE USED FOR THE PURCHASE OF
A PORTION OF THE FIREHOUSE ALLEY PARKING STRUCTURE
AND TO PAY FOR RELATED LEASE FINANCING COSTS
WHEREAS, on November 17, 2015, City Council adopted Resolution 2015-101
approving a Construction and Purchase Agreement (the “Purchase Agreement”) for the City’s
purchase of parking spaces in the proposed Jefferson Street Parking Structure (now called the
“Firehouse Alley Parking Structure”); and
WHEREAS, the proposed financing method for that purchase is a lease-lease back
transaction with the issuance of certificates of participation and with the City’s Senior Center
being used as the leased property for this transaction (the “Lease Financing”); and
WHEREAS, the City and the Downtown Development Authority (“DDA”) will also be
entering into an intergovernmental agreement (the “Agreement”) for the DDA’s contribution
of $300,000 per year towards lease payments under the Lease Financing beginning in 2019;
and
WHEREAS, the City will acquire approximately 216 parking spaces located on the
second and third floors of the parking structure; and
WHEREAS, the closing on the Lease Financing is scheduled for July 18, 2017, and
acquisition of the parking spaces under the Purchase Agreement is anticipated to occur in
August or September 2017; and
WHEREAS, the Lease Financing will provide $8.43 million in proceeds to be repaid
over a lease term of 10 years at 2.48% interest with lease payments to begin in 2018 and going
through 2027 and with average annual payments of $962,000; and
WHEREAS, starting after June 1, 2018, General Fund monies previously used for
lease payments for the Civic Center Parking Structure and the 215 North Mason
Administrative building lease-purchase financing will be used for payment of the Lease
Financing; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
make supplemental appropriation by ordinance at any time during the fiscal year, provided
that the total amount of such supplemental appropriation, in combination with all previous
appropriations for that fiscal year, does not 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 as follows:
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Section 1. That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from the anticipated Lease Financing
proceeds in the Capital Projects Fund the sum of EIGHT MILLION FOUR HUNDRED
THIRTY THOUSAND DOLLARS ($8,430,000) for the purchase of a portion of the
Firehouse Alley Parking Structure and payment of Lease Financing costs.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
8.4
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Attachment: Ordinance No. 082, 2017 (5665 : SR 081 082 Firehouse Alley Garage)
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RESOLUTION 2017-062
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY REGARDING
CONTRIBUTIONS TO THE CITY FOR PUBLIC PARKING SPACES AND PARKING
PROGRAMS IN DOWNTOWN FORT COLLINS
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and
existing home rule municipality of the State of Colorado, created and operating pursuant to
Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the
“Charter”); and
WHEREAS, the City is authorized by Article II, Section 16 of the Charter and C.R.S.§
29-1-203 to enter into agreements with other governmental entities to cooperate in providing
public services and facilities authorized to be provided by the City and the other governmental
entity and to share the costs of providing such services and facilities; and
WHEREAS, the City’s Parking Plan approved by the City Council with the adoption of
Resolution 2013-002, dated January 15, 2013, projects that an additional nine hundred (900) off-
site public parking spaces will be needed by 2023, with a potential need for an additional six
hundred (600) such spaces within the same timeframe, so having adequate parking in the City’s
downtown area is a substantial concern for the City; and
WHEREAS, in light of this concern, the City has taken steps to acquire approximately
216 parking spaces in a parking facility that is being constructed by Bohemian Companies in
connection with a hotel development project in downtown Fort Collins and to use these spaces
for public parking (the “Public Parking Spaces”); and
WHEREAS, the City will finance the acquisition of the Public Parking Spaces by
entering into a lease-lease back transaction which will provide the funds to purchase the Public
Parking Spaces (the “Lease Financing”); and
WHEREAS, it is expected that the Public Parking Spaces will be completed sometime in
August 2017 and the City will acquire ownership of them within thirty days after such
completion; and
WHEREAS, maintaining adequate levels of public parking within its boundaries is also a
matter of substantial concern for the Fort Collins Downtown Development Authority (the
“DDA”) and the City; and
WHEREAS, pursuant to C.R.S. 31-25-807(2)(d), the Board of Directors of the DDA (the
“DDA Board”) has the power to plan and propose public facilities within the boundaries of the
DDA and, in accordance with C.R.S. 31-25-802(8), public facilities specifically include parking
facilities; and
Packet Pg. 226
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WHEREAS, the DDA Plan of Development, approved and adopted by the City Council
with its adoption of Resolution 1981-129 on September 8, 1981, identifies maintaining adequate
levels of parking as a purpose and objective of the DDA, and provides as a plan of development
project the creation of a “parking program to provide sufficient public parking to service all
occupants and owners within the DDA’s boundaries including, but not limited to, the
following…construction of parking garages and lots concentrating on areas of present parking
deficiencies and such areas as may require parking facilities in connection with projects
undertaken hereafter”; and
WHEREAS, the City’s acquisition cost for the Public Parking Spaces will be
approximately $8,430,000; and
WHEREAS, the availability of the Public Parking Spaces will provide a substantial
benefit to the DDA and the DDA has agreed to make contributions in thirteen annual
installments to the City totaling $3,900,000 to defray the City’s Lease Financing costs to acquire
the Public Parking Spaces; and
WHEREAS, to evidence DDA’s agreement to provide the City with this additional
funding for the City’s payment of the Lease Financing, the City and DDA desire to enter into the
“Intergovernmental Agreement Regarding DDA Contributions to the City Public Parking Spaces
and Parking Programs in Downtown Fort Collins” attached hereto as Exhibit “A” and
incorporated herein by reference (the “IGA”); and
WHEREAS, the City Council hereby finds that entering into the IGA will be in the best
interest of the City and its residents and is necessary for the public’s health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED 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 the IGA is hereby approved and the City Manager is hereby
authorized to execute the IGA in substantially the form attached hereto as Exhibit “A,” with such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City or effectuate the
purposes set forth herein and not otherwise inconsistent with this Resolution.
Packet Pg. 227
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 228
1
INTERGOVERNMENTAL AGREEMENT
REGARDING DDA CONTRIBUTIONS TO THE CITY FOR PUBLIC PARKING SPACES
AND PARKING PROGRAMS IN DOWNTOWN FORT COLLINS
THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) is made and entered into on
the date set forth below by and between the FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”), and the CITY OF
FORT COLLINS, COLORADO, a municipal corporation (the “City”).
WHEREAS, maintaining adequate levels of public parking within the boundaries of the
DDA (the “DDA District”) is a matter of substantial concern to the DDA and the City;
WHEREAS, pursuant to C.R.S. 31-25-807(2)(d) the Board of Directors of the DDA (the
“DDA Board”) has the power to plan and propose public facilities within the DDA District and,
in accordance with C.R.S. 31-25-802(8), public facilities specifically include parking facilities;
WHEREAS, the DDA Plan of Development, approved on September 8, 1981, identifies
maintaining adequate levels of parking as a purpose and objective of the DDA, and provides as a
plan of development project the creation of a “parking program to provide sufficient public
parking to service all occupants and owners within the [DDA] District including, but not limited
to, the following…construction of parking garages and lots concentrating on areas of present
parking deficiencies and such areas as may require parking facilities in connection with projects
undertaken hereafter”;
WHEREAS, the City’s Parking Plan, dated January 15, 2013, projects that an additional
nine hundred (900) off-site public parking spaces will be needed by 2023, with a potential need
for an additional six hundred (600) such spaces within the same timeframe;
WHEREAS, the Bohemian Companies, McWhinney Enterprises and Sage Hospitality
(the “Developers”) are currently constructing a hotel in Downtown Fort Collins at 363 Jefferson
Street and, in connection therewith, a parking structure adjacent to the hotel containing
approximately three hundred thirty-five (335) parking spaces (the “Parking Structure”);
WHEREAS, the City and the Developers have entered into a public/private partnership
regarding the Parking Structure pursuant to which the City has agreed to purchase an
approximately sixty-four percent (64%) interest in the Parking Structure (the “Ownership
Interest”), which will enable the City to utilize approximately two hundred sixteen (216) of the
parking spaces as public parking spaces (the “Public Parking Spaces”);
WHEREAS, it is expected that the Parking Structure will be completed sometime in
August 2017 and the City will acquire the Ownership Interest within thirty (30) days after such
completion;
EXHIBIT A
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Attachment: Exhibit A (5707 : SR 081 082 Firehouse Alley Parking Garage RESO)
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WHEREAS, the estimated cost to construct the Parking Structure is twelve million four
hundred thousand dollars ($12,400,000), with the City’s estimated acquisition cost of the
Ownership Interest being eight million three hundred thousand dollars ($8,300,000);
WHEREAS, the availability of the Public Parking Spaces will provide a substantial
benefit to the DDA District and the DDA desires to make contributions to the City totaling Three
Million Nine Hundred Thousand Dollars ($3,900,000) to defray the costs incurred by the City in
acquiring the Ownership Interest and in creating and implementing certain parking programs
providing additional benefits to the DDA District, in return for certain commitments from the
City regarding the Public Parking Spaces and such parking programs;
WHEREAS, pursuant to C.R.S. §31-25-808(g), the DDA is empowered to make
contributions, grants, and loans to the City which advance the statutory mission of the DDA; and
WHEREAS, contributing funds to the City for the purposes described herein will
advance the statutory mission of the DDA and the DDA’s Plan of Development and will serve
the purposes of the City’s Parking Plan.
NOW, THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties
hereto agree as follows:
1. Term. This IGA shall commence upon execution and continue through December
31, 2031.
2. DDA Contributions. Subject to the conditions and limitations contained in
Sections 3 and 4 below, the DDA agrees to contribute to the City the maximum sum of Three
Million Nine Hundred Thousand Dollars ($3,900,000), payable in thirteen (13) annual
installments of Three Hundred Thousand Dollars ($300,000), with the first such installment
being due on December 1, 2019, and the final installment being due on December 1, 2031
(“Annual DDA Contribution(s)”), to be used by the City exclusively for the following purposes:
A. Servicing of the debt incurred by the City for its acquisition of the Ownership
Interest in the Parking Structure, up to a maximum amount of Two Million
Seven Hundred Thousand Dollars ($2,700,000); and
B. For the lease or purchase of real property (or an interest therein), or capital
improvements to such property, that are directly linked to the creation and
operation of a transportation demand management system providing permit
parking in close proximity to MAX Bus Rapid Transit (“Max”) station areas
for employees of businesses located within the DDA District, thereby
allowing such employees to park their vehicles and ride Max to Downtown
Fort Collins rather than utilizing public parking spaces in the Downtown Fort
Collins area (the “TDM Program”).
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3. Conditions on DDA Contributions. The DDA’s obligation to make, and the
City’s right to retain, Annual DDA Contributions are subject to the following terms and
conditions:
A. The City must acquire the Ownership Interest in the Parking Structure prior to
December 1, 2019, or payment of Annual DDA Contributions shall not
commence until such time as the City acquires such interest;
B. The City shall use Annual DDA Contributions only for the purposes identified
in Section 2 above; any Annual DDA Contribution, or part thereof, not
expended by the City for such purposes shall be promptly returned to the
DDA;
C. At least one hundred (100) of the Public Parking Spaces shall remain available
for use by the general public on a first-come, first-served basis throughout the
term of this IGA;
D. If the DDA is not obligated under this IGA to make an Annual DDA
Contribution on December 1 of any given year during the term hereof,
including, by way of example and not of limitation, due to the City’s failure to
acquire the Ownership Interest in the Parking Structure prior to December 1,
2019 (as required by Section 1 above) or the unavailability of the Line of
Credit (as defined in Section 4 below), then the DDA’s obligation to make
such Annual DDA Contribution in such year shall be deemed waived; and
E. All financial obligations of the DDA arising under this IGA that are payable
after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the DDA
Board, in its discretion, and the City Council of the City, in its discretion.
4. Source of DDA Funds. The parties hereto agree that Annual DDA Contributions
shall be made from the DDA’s revolving line of credit through First National Bank of Omaha
which was established by the intergovernmental agreement between the DDA and the City
entitled “Intergovernmental Agreement Governing a Line of Credit for Financing Downtown
Development Authority Projects and Programs” dated October 15, 2012, or other annual
revolving line of credit established pursuant to the terms of said intergovernmental agreement
(the “Line of Credit”). The DDA’s obligation to make Annual DDA Contributions is expressly
contingent upon the continued availability of the Line of Credit. In the event the Line of Credit is
no longer available to the DDA due to termination, expiration or for any other reason, the DDA
shall have no obligation to make any Annual DDA Contribution due subsequent to the date the
DDA lost access to the Line of Credit.
5. City’s Commitment to TDM Program. In consideration of the Annual DDA
Contributions, the City agrees that it will in good faith work to expedite the creation and
implementation of the TDM Program, and in connection therewith, consult and collaborate with
the DDA on the same.
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6. Accounting. Upon written request of the DDA, the City shall provide to the DDA
documentation sufficient for the DDA to determine that Annual DDA Contributions were
expended by the City in a manner consistent with this IGA.
7. Notice. All notices to be given to parties hereunder shall be in writing and shall
be sent by certified mail to the addresses specified below:
DDA: Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Liley Law Offices, LLC
Attn: Lucia A. Liley, Esq.
419 Canyon Avenue, Suite 220
Fort Collins, CO 80521
CITY: City of Fort Collins
Attn: City Manager
215 N. Mason Street
Fort Collins, CO 80521
With a copy to: City of Fort Collins
Attn: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
8. Governing Law. This IGA shall be governed by, and its terms construed under,
the laws of the State of Colorado.
9. No Third Party Beneficiaries. It is the mutual intent of the parties hereto that this
IGA shall inure to the benefit of only the parties hereto. Accordingly, nothing in this IGA shall
be construed as creating any right or entitlement which inures to the benefit of any third party.
10. Enforceability. The parties hereto recognize that there are legal constraints
imposed upon them by the constitution, statutes, and rules and regulations of the State of
Colorado and of the United States, and imposed upon them by their respective governing
statutes, charters, ordinances, rules and regulations, and that, subject to such constraints, the
parties intend to carry out the terms and conditions of this IGA. Nothing herein to the contrary
withstanding, in no event shall either of the parties be obligated hereunder to exercise any power
or take any action that is be prohibited by applicable law. Whenever possible, each provision of
this IGA shall be interpreted in such a manner so as to be effective and valid under applicable
law.
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Attachment: Exhibit A (5707 : SR 081 082 Firehouse Alley Parking Garage RESO)
5
IN WITNESS WHEREOF, the parties hereto have executed this IGA the day and year of
the last signature below written.
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT
AUTHORITY, a body corporate and politic.
By: ____________________________________
Justin Larson, Chairperson
Date: ____________________
ATTEST:
____________________________
Cheryl Zimlich, Secretary
THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation
By: ____________________________________
Darin Atteberry, City Manager
Date: ____________________
APPROVED AS TO FORM:
__________________________________
Deputy City Attorney
ATTEST:
__________________________________
Wanda Winkelmann, City Clerk
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Attachment: Exhibit A (5707 : SR 081 082 Firehouse Alley Parking Garage RESO)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
Judge Kathleen M. Lane, Municipal Judge
SUBJECT
Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for
Larimer County Jail Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funding to pay for
services relating to the City’s use of the Larimer County Jail for municipal defendants for 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (PDF)
2. Ordinance No. 084, 2017 (PDF)
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Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
Judge Kathleen M. Lane, Municipal Judge
SUBJECT
Items Relating to an Intergovernmental Agreement with Larimer County for Jail Services.
EXECUTIVE SUMMARY
A. Resolution 2017-053 Authorizing an Intergovernmental Agreement with Larimer County for Jail Services.
B. First Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for
Larimer County Jail Services.
The purpose of this item is to authorize the City Manager to enter into a new intergovernmental agreement
(IGA) with Larimer County relating to the City’s use of the Larimer County Jail for municipal defendants and
appropriate funding to pay for services for 2017. The proposed IGA would be effective through the end of 2018
and reserves 3 beds at the jail for use by Fort Collins Municipal Court defendants at a significantly increased
cost to the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The existing IGA between the County and the City for jail services was entered into in 2009 and is crucial to
the City. Without the use of the jail, the City would not have a way to enforce jail sentences occasionally
imposed for misdemeanor violations. There would also be no way to hold defendants who are arrested on
warrants for failure to appear on misdemeanor cases so that video advisements can take place, and no
accountability for defendants who fail to comply with alternative sentences, such as community service,
Special Agency Session, or jail sentences suspended with conditions. Several months ago, Larimer County
requested that the IGA be revised due to overcrowding issues at the jail and increased costs for operating the
jail. The proposed IGA was then negotiated by City staff and representatives of the Larimer County Sheriff’s
Office (LCSO).
The proposed IGA includes a new service, called “reserved bed space”: the County would agree to reserve 3
beds for defendants being held only on Fort Collins Municipal Court (FCMC) case(s). This could include
defendants who are picked up on outstanding warrants for failure to appear for court as well as those who
report to the jail to serve sentences imposed for violations. This would alleviate the current problem of such
defendants being arrested, booked, and then bonded and released (B/R) due to the jail being over capacity.
Based on available statistics (including pending arrest warrants), City staff has estimated that 3 beds would
have been filled by municipal offenders on a daily basis in 2016 if jail space had been available.
ATTACHMENT 1
9.1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (5677 : SR 084 Jail Services)
Agenda Item 15
Item # 15 Page 2
The reserved beds would be filled as directed by the Court. The Court currently uses its case management
system’s work queue process, detailed Excel spreadsheets, and specific court documents to manage in-
custody prisoner information. This information is used to confirm charges from the Larimer County Sheriff’s
Office prior to payment and for reports submitted by the Judge to City Council. If the proposed IGA is
authorized, the Court will also utilize a specific, restricted-access Outlook calendar to identify who is occupying
each of the reserved beds and for how long.
The proposed IGA also includes a higher daily rate that the County would charge the City for jail services,
applicable to the reserved beds and any other beds occupied by FCMC defendants. Since 2009, the City has
been paying $50/day for those held only on FCMC charges, $25 for those bonded and released, plus $30 for
each video advisement. The County has requested a much higher rate effective as soon as possible due to
their increased operational expenses. In order to reserve the beds, the agreement also provides that the City
will pay for the reserved beds up front and there will be no reimbursement if a bed is vacant at any time. Due to
the fact that the City has already adopted its budget for 2017-2018 based on the lower rate, the County has
agreed to a discounted rate for the balance of 2017 of $90 per day ($45 for B/R). For 2018, that daily rate will
increase to $118 ($59 for B/R). There will no longer be a separate charge for video advisements. Before the
end of 2018, the parties would need to negotiate a new IGA and daily rate for 2019 based upon updated jail
operations expense information from LCSO. The Court will include an estimate for that expense in its 2019-
2020 budget offers.
CITY FINANCIAL IMPACTS
With the addition of reserved beds and an increased daily rate, the proposed IGA includes services and costs
above what was budgeted (under the existing IGA) by Municipal Court for 2017 and 2018. The additional funds
needed to cover the costs included in the proposed IGA are as follows:
$39,560 for 2017
$114,485 for 2018
If this agreement is authorized, the City Manager will fulfill the 2017 obligation of the IGA with existing General
Fund dollars. This will allow the Municipal Court to immediately make use of the reserved jail space. If Council
approves the appropriation for this item, General Fund reserves will be used to backfill the added expense to
the Court’s budget. Added costs for 2018 will be captured during the midyear revision process. Below is a
detailed explanation of the totals listed above:
Court’s 2017 budget for jail expense $28,000
Less: YTD expenditures - 6,000
Less: est. costs for B/R (150 x $45) - 6,750
Bal. available in budget $15,250
Funds needed for 3 reserved beds
(203 days x $90 x3) - 54,810
Shortfall/Additional funds needed ($39,560 for 2017)
Court’s 2018 budget for jail expense $28,000
Less: est. costs for B/R (225 x $59) - 13,275
Bal. available in budget $14,725
Funds needed for 3 reserved beds
(365 days x $118 x3) - 129,210
Shortfall/Additional funds needed ($114,485 for 2018)
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (5677 : SR 084 Jail Services)
Agenda Item 15
Item # 15 Page 3
Scalability:
In order to reduce the expense of the proposed IGA for jail services, the number of reserved beds could be
reduced from 3 to 2 or 1. In that case, the additional funds needed in the Court’s budget would be reduced to
the following:
2017 2018
2 reserved beds $21,290 $71,415
1 reserved bed $3,020 $28,345
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (5677 : SR 084 Jail Services)
-1-
ORDINANCE NO. 084, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES
IN THE GENERAL FUND FOR LARIMER COUNTY JAIL SERVICES
WHEREAS, in 2009 the City of Fort Collins and the City of Loveland entered into an
agreement with Larimer County whereby the County agreed to provide municipal jail services
to both cities at a rate of $50 per offender per day, plus a separate fee for video arraignments
(the “2009 IGA”); and
WHEREAS, the 2009 IGA allows the County Sheriff to release municipal offenders if
the Larimer County Jail (“Jail”) is at capacity; and
WHEREAS, the 2009 IGA can be terminated by any party on 60 days’ notice to the other
parties; and
WHEREAS, since 2009 the Jail has had issues with overcrowding, and municipal
defendants who are picked up on outstanding warrants or who report to the Jail to serve
sentences for Municipal Court violations are frequently just booked and released again; and
WHEREAS, in 2016 the Jail expressed an interest in negotiating new, separate
agreements with both Fort Collins and Loveland for jail services, in part to increase the rate
charged per day for municipal offenders; and
WHEREAS, because of the problems Fort Collins has experienced with municipal
offenders rarely being held by the Jail long enough to be brought to court or to serve their
sentences, the Jail also offered Fort Collins the option of having three bed spaces that would be
reserved for Fort Collins, meaning municipal offenders, whether being held as short-term, pre-
trial detainees, or serving a municipal sentence, would not be released simply due to capacity
issues at the Jail; and
WHEREAS, the Municipal Court would decide which defendants would be held in
reserved spaces, and other municipal offenders would continue to be held at the jail on a space-
available basis; and
WHEREAS, over the last six months City staff and Jail staff have negotiated a new
agreement, the 2017 IGA; and
WHEREAS, under the 2017 IGA the City would pay a daily cost for each City offender
housed at the jail, whether in a reserved bed space or not, based on the Jail’s actual per inmate
cost as of two years prior; and
WHEREAS, for the remainder of 2017 the County has agreed to a discounted rate of $90
per full day, with this rate increasing to $118 per day on January 1, 2018, and no additional
charge for video arraignments; and
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Attachment: Ordinance No. 084, 2017 (5677 : SR 084 Jail Services)
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WHEREAS, upon execution of the 2017 IGA the City would pay for the three reserved
beds spaces for the remainder of 2017, which, discounted and prorated for the remainder of the
year and at the discounted rate, would total approximately $58,000; and
WHEREAS, additional funding required for these services in 2017 is $39,560; and
WHEREAS, the City has made payment to Larimer County per the terms of the new IGA
with existing General Fund appropriations and the General Fund appropriation authorized by this
Ordinance will backfill the previously existing General Fund appropriation; and
WHEREAS, in January the City would pay the fee for the three reserved bed spaces for
2018, which will be $129,210; and
WHEREAS, Article V, Section 9 of the City Charter 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 appropriations as described herein are
available and previously unappropriated in the General Fund.
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 there is hereby appropriated from prior year reserves in the General
Fund the sum of THIRTY NINE THOUSAND FIVE HUNDRED SIXTY DOLLARS
($39,560) for Jail Services.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 084, 2017 (5677 : SR 084 Jail Services)
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Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 084, 2017 (5677 : SR 084 Jail Services)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
John Stokes, Natural Resources Director
Mark Sears, Natural Areas Manager
Barb Brock, Natural Areas Financial Coordinator
SUBJECT
First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for
the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not
Included in the 2017 Adopted City Budget.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $10,790,000 in prior year reserves and unanticipated revenues in
the Natural Areas Fund for the purpose of land conservation, construction of public improvements,
restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort
Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Funding for the Natural Areas Department (NAD) for purposes other than capital projects, lapses each year if
not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used
(any unspent funds are characterized at the end of the fiscal year as prior year reserves). Of the total
appropriation, $9,130,088 will be used for land conservation. Over $9,000,000 in land acquisitions are under
negotiation; there is a reasonable likelihood that most of these funds will be spent in 2017.
In addition to prior year reserves and unspent 2016 appropriations, NAD received $1,241,088 in
unanticipated revenues; these funds are being appropriated for the purpose of providing Natural Areas
programming not included in the 2017 adopted City Budget.
The funds for NAD come from the following designated sources of revenue, including: the City - Open Space
Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and,
miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the
Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax
revenues, easements, leases or grants.
The prior year reserve funds being appropriated in this Ordinance are more specifically described:
$ 9,548,912 Unspent 2016 Budgeted Funds - being reappropriated for same purpose
$ 1,241,088 Unanticipated Revenues
$ 10,790,000 Prior Year 2016 Reserves
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Agenda Item 10
Item # 10 Page 2
The anticipated use of these funds is as follows:
Land Conservation - $9,130,088 will fund land conservation efforts per the Natural Areas Master Plan
(including $1,030,088 in unanticipated revenue).
Resource Management - $880,100 in unspent 2016 funds will fund restoration of Udall & Kingfisher Natural
Areas, including wetland mitigation and seed.
Public Improvements - $290,000 will fund:
ADA parking and trail improvements at Riverbend Ponds Natural Area Cherly Street trailhead
Drainage improvements at the south parking lot in Soapstone Natural Area
McMurry Natural Area - Poudre River Bridge repairs and new railing
A used tandem axle dump truck
Trail improvements at Goose Hollow Natural Area
Coyote Ridge Natural Area - additional parking spaces (funded with $40,000 of unanticipated
revenue)
Facility Operations - $16,000 will fund removal of hazardous trees around the Bobcat Ridge Natural Area
ranger house (funded with unanticipated revenue)
Land Management - $115,000 will fund:
$15,000 in administrative costs for Nature in the City
A utility off trail vehicle for Soapstone
Repair damages from the 2013 flood at Soapstone Prairie Natural Area (funded with $50,000 in
unanticipated revenue)
Prairie Dog sylvatic plague management at Soapstone Prairie Natural Area (funded with $20,000 of
unanticipated revenue)
Department Management - $85,000 will replenish contingency funds that have been spent on an
Organizational Assessment and other unanticipated department needs (funded with unanticipated revenue).
White Water Park - $273,812 in unspent 2016 funds will help fund the restoration of Poudre River.
CITY FINANCIAL IMPACTS
The Ordinance increases 2017 appropriations in the City’s Natural Areas Fund by $10,790,000. The requested
appropriation of $10,790,000 in the Natural Areas Fund represents 2016 appropriations that were unspent and
unencumbered at year-end 2016 and unanticipated revenues. These funds are restricted to the purposes of
the Natural Areas Department.
BOARD / COMMISSION RECOMMENDATION
At its June 14, 2017 meeting, the Land Conservation and Stewardship Board voted unanimously to
recommend that City Council approve the appropriation.
PUBLIC OUTREACH
Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively
reviewed by the public prior to its adoption in October 2014.
ATTACHMENTS
1. Land Conservation & Stewardship Board minutes (draft), June 14, 2017 (excerpt) (PDF)
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Page 1 of 3
Land Conservation & Stewardship Board
June 14, 2017 Meeting DRAFT
Minutes Excerpt
Appropriation of Prior Year Reserves and Unanticipated Revenues in the Natural Areas
Fund - Mark Sears, Natural Areas Manager requested the LCSB to recommend that City
Council approve an appropriation of $10,790,000, in prior year reserves and unanticipated
revenues, not included in the 2017 adopted City Budget. Mark provided a memorandum with a
breakdown of prior year reserves, and the anticipated use of the funds.
Discussion
Mark - That dollar amount may seem rather large, the vast majority of that money is unspent
money from last year, about $9.5M and there’s about $1.2M in unanticipated revenues and
unspent funds. You can see the breakdown where we anticipate spending those funds.
Vicky – I’m curious, what are hazardous trees?
Mark – Trees that are about to fall down, if we don’t take them down.
David – Are these earmarked funds? It simply says “restricted to the purposes”, whatever that
means “of the Natural Areas Department”. I’m just curious. My question is, are these funds that
you’re asking us to move into this year, are they earmarked?
Mark – Well yes, they’re all earmarked very specifically with the exception of land conservation
and that’s just earmarked for generic land conservation. All the individual bullets in the memo
are for specific projects.
Vicky – Do you have ideas for the land conservation funds?
Mark – Yes, we have very specific ideas for that money.
Joe – On the public improvements end, you’re going to make the parking lot at Riverbend Ponds
ADA compliant. Is that the north end?
Mark – That’s the northeast corner.
Joe – That’s not going to be expansion right? Just ADA compliant?
Mark – Yes. There will also be a paved trail down to the boardwalk. We replaced the
boardwalk last year and we want to make it truly ADA compliant.
Joe – And the Coyote Ridge Natural Area? You’re going to add regular parking as opposed to
horse trailers.
Mark – We’re actually reducing the horse trailer parking, I don’t remember by how many but I
think we’re adding up to 15 additional parking spaces.
Ed – Mark, the fact that we have $9.5M from 2016 presumably means that we were not able to
spend it in land acquisitions.
Mark – Right, but that figure has accumulated over a few years. That didn’t all accumulate in
one year. It’s not all 2016 funds. We’ve been trying to spend that down as best as we can. If the
land conservation deals go well this year, we’ll probably spend most of that money and may only
carry over $2M into 2018.
ATTACHMENT 1
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Attachment: Land Conservation & Stewardship Board minutes (draft), June 14, 2017 (excerpt) (5680 : Natural Areas Annual Reappropriation)
Page 2 of 3
Ed – Have we ever had a year when we didn’t have a carry over?
Mark – No, we’ve been carrying over funds for a long time. It’s been up in that 8 or 9 million
for many years.
Ed – If we could get that number down to zero then we could all be delighted that we carried out
our mission.
Mark – Yes, our goal is to spend 50% of the money we received on a three year rolling average.
That’s just a metric we came up with recently. We’re doing really well with that now.
Marcia – In the memorandum under the suggested recommendation I think the sentence needs to
read “2017 adopted City Budget”, not “2016”.
Mark – You’re right, it needs to say 2017. Good catch. Thank you
Kelly – On the Coyote Ridge thing, often times you guys bring us things and I might have
missed this one. Was that anything in the redesigning that was so insignificant that it wasn’t
worthy? It’s not a statement but in the form of a question.
Mark- You mean the additional parking spaces?
Kelly – Yes
Mark – I wouldn’t call it insignificant, but when we build these parking lots we make somewhat
of an educated guess as to how many parking spaces there should be at any given trailhead that
will fit that sweet spot of balancing the impacts to wildlife and user experience with the number
of visitors we allow on the site at one time. We could probably triple the size of parking lot and
it would be full most weekends. What we’re trying to do is make a minor tweak by slightly
increasing the number of parking spaces.
Kelly – But as you said it’s all done on the existing footprint.
Mark – Yes, it’s all done within the existing footprint. We’re not expanding the footprint, but
tweaking the layout of the parking spaces.
Kelly – On Nature in the City administrative background and most of the Board knows this,
Nature in the City started as a Planning initiative therefore it was funded out of general fund and
then presented to the Natural Areas Department, who being the good soldiers that they are,
accepted it and are running with it but does that mean, I thought, most of the NIC dollars, came
from the general fund and not the Natural Areas fund.
Mark – As far as I know these are the only Natural Areas funds that are going towards Nature in
the City.
Daylan – Yes, that’s true.
Kelly – The $115K covers a bunch of things so I didn’t know, just a guestimate but are we
talking $12K decimal dust or are we talking $60K just so we…..I just want to make sure we’re
not absorbing the cost of NIC, which I worry about and predicted two years ago.
Daylan – The BOB funding is limited on what we can spend it on, you know capital projects and
things but there are certain parts of the program we still have to absorb.
Kelly – Got it. The capital projects, the $273K, that’s unspent funds, and again, of all the things
we’ve done out of natural areas dollars the museum was a shaky one for me, but the $1M for the
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Attachment: Land Conservation & Stewardship Board minutes (draft), June 14, 2017 (excerpt) (5680 : Natural Areas Annual Reappropriation)
Page 3 of 3
water park, out of natural areas dollars, I lost that one, this isn’t an additional $273K on the
million is it?
Mark – No we had $500K budgeted last year and another $500K budgeted this year. This is the
amount that they didn’t spend last year. It just carries over.
Ed - Thank you. Is anyone ready to venture a motion?
Vicky McLane made a motion that the LCSB recommend that City Council approve an
Ordinance appropriating $10,790,000 in prior year reserves and unanticipated
revenues in the Natural Areas Fund for the purpose of providing Natural Areas
programming not included in the 2017 adopted City Budget.
Raymond Watts seconded the motion.
The motion was unanimously approved.
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Attachment: Land Conservation & Stewardship Board minutes (draft), June 14, 2017 (excerpt) (5680 : Natural Areas Annual Reappropriation)
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ORDINANCE NO. 085, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL
AREAS FUND FOR THE PURPOSE OF LAND CONSERVATION, PUBLIC
IMPROVEMENTS AND RELATED NATURAL AREAS PROGRAMMING
NOT INCLUDED IN THE 2017 ADOPTED CITY BUDGET
WHEREAS, the City is committed to preserving natural areas and providing educational,
interpretive and appropriate recreational opportunities to the public; and
WHEREAS, Natural Areas programming implements open land conservation priorities
identified in the City’s Comprehensive Plan by purchasing conservation easement interests in
key natural areas, community separators, or other open lands; providing stewardship for lands
purchased; and developing trails and interpretive features for public use; and
WHEREAS, the Natural Areas Department is funded primarily through the collection of
City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County
Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous
revenues deposited in the Natural Areas Fund; and
WHEREAS, Article V, Section 9 of the City Charter 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, Article V, Section 11 of the City Charter requires all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special revenue fund, except appropriations for capital projects and federal or state grants do not
lapse until completion of the capital project or expiration of the respective grant; and
WHEREAS, City staff has determined that the appropriations as described herein are
available and previously unappropriated in the Natural Areas Fund; and
WHEREAS, City staff has recommended the appropriation from prior year reserves in
the Natural Areas Fund of a total of $10,790,000, comprised of $9,548,912 in unspent and
unencumbered appropriations from 2016 and $1,241,088 in unanticipated revenue and prior year
reserves, to be used for acquisition, construction, enhancement and maintenance of trail systems,
wildlife habitat and other natural areas to benefit the citizens of the City.
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.
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Section 2. That there is hereby appropriated from prior year reserves in the Natural
Areas Fund the sum of TEN MILLION SEVEN HUNDRED NINETY THOUSAND DOLLARS
($10,790,000) to be used for acquisition, construction, enhancement and maintenance of trail
systems, wildlife habitat and other natural areas to benefit the citizens of the City.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 247
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Mike Calhoon, Parks Supervisor
SUBJECT
First Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer
to Various City Funds for Tree and Branch Cleanup Expenses.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $143,563 in General Fund reserves to cover the unanticipated costs
associated with the tree and branch cleanup from the May 18th and 19th spring snowstorm to various City
funds. This appropriation request will be used for the incremental costs (direct costs) associated with the
cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work
for other departments" costs that cannot be recouped, as well as other incremental costs associated with
contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The snowstorm began Thursday, May 18, 2017 and lasted through Friday, May 19, 2017. During that time 6
inches to 9 inches of heavy wet snow fell across the city. Warm pavement conditions made snow removal
easier but heavy snow damaged trees throughout the city. The most damage occurred on the Colorado State
University campus but extended north and south of the campus throughout the community.
There was substantial damage to trees throughout Fort Collins that impacted rights-of-way, residential areas,
City trees, City parks, cemeteries, golf courses and downtown Fort Collins. The organization quickly
transitioned from snow removal to debris cleanup mode to clear roads of debris and address critical safety
hazards.
The City offered two locations for citizens to drop off branches. The City's Streets Facility was open during
daylight hours and Hoffman Mill was open 7am to 5pm Monday thru Friday. The drop-off sites were open for
two weeks to allow residents to clean and haul their branches in for recycling. Grinding operations will begin
the last week of June with free mulch becoming available by mid-July.
Corrective pruning operations utilizing Forestry crews will continue through July.
CITY FINANCIAL IMPACTS
The table below displays the preliminary cost estimates for the tree branch cleanup. The total appropriation
requested from General Fund reserves is a maximum of $143,563. The incremental costs include contractual
pruning, equipment rental, overtime, fuel and equipment costs. Redeployed costs will be absorbed by the
individual Department/Division.
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Agenda Item 11
Item # 11 Page 2
Department/Division Redeployed Incremental Total
Cost Cost Cost
Streets $ 26,381 $ 21,543 $ 47,924
Utilities $ 1,243 $ 2,556 $ 3,799
Parks $ 11,925 $ 1,071 $ 12,996
Forestry $ 68,603 $118,393 $186,996
Total Storm Cost $108,152 $143,563 $251,715
General Fund reserves should be transferred as follows:
Utilities Fund (Stormwater) $ 2,556
Transportation Fund (Streets) $ 21,543
General Fund (Parks and Forestry) $119,464
Approval of this appropriation will reduce prior year General Fund reserves by a maximum of $143,563.
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ORDINANCE NO. 086, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR TRANSFER TO VARIOUS CITY FUNDS
FOR TREE AND BRANCH CLEANUP EXPENSES
WHEREAS, heavy wet snow fell across Fort Collins on May 18 and 19, 2017 damaging
trees and breaking branches throughout the City; and
WHEREAS, the extensive tree damage throughout the City impacted rights-of-way,
residential areas, City trees, City parks, cemeteries, golf courses and downtown Fort Collins; and
WHEREAS, City staff and crews of various departments quickly responded to the tree
damage by clearing the roads of debris and addressed critical safety hazards; and
WHEREAS, the City offered two locations for citizens to drop off branches for a period
of two weeks after the storm; and
WHEREAS, all tree and branch debris collected by the City or dropped off at one of the
drop off locations, will be mulched and will be available in a “Free Mulch Giveaway” by mid-
July; and
WHEREAS, the above tree and branch cleanup efforts are expected to result in
unanticipated costs in the amount of $251,715, of which $143,563 cannot be covered within the
existing 2017 budget; and
WHEREAS, this Ordinance appropriates $143,563 from General Fund prior year reserves
for transfer to the following funds for tree and branch cleanup costs:
Storm Drainage Fund $ 2,556
Transportation Services Fund 21,543
General Fund 119,464
Total $ 143,563
; and
WHEREAS, the City Council finds that expending funds from the Storm Drainage Fund
relates to and benefits the utility rate payers by assisting in efforts to clear tree branches and
debris from City streets; and
WHEREAS, Article V, Section 9 of the City Charter 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, Article V, Section 10, of the City Charter authorizes the City Council to
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transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, City staff has determined that the appropriations as described herein are
available and previously unappropriated in the General Fund and the City Manager recommends
transferring the appropriated amount to cover the costs of the tree and branch cleanup.
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 there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of ONE HUNDRED NINETEEN THOUSAND FOUR HUNDRED
SIXTY-FOUR DOLLARS ($119,464) for tree and branch cleanup costs in the Parks and
Forestry departments.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of TWENTY-FOUR THOUSAND NINETY-NINE DOLLARS
($24,099) for transfer to the following funds:
Storm Drainage Fund $ 2,556
Transportation Services Fund 21,543
Total $ 24,099
and appropriated therein for tree and branch cleanup costs in each fund.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Beth Rosen, Affordable Housing Program Administrator
Patrick Rowe, Redevelopment Program Coordinator
SUBJECT
First Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and
Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the
Northern Hotel.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the release of a collateral assignment of the Note and Deed of Trust
made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations
contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the
collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National
Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an
affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In the 1970s a fire left a majority of the Northern Hotel in a condition of vacancy and disrepair, and portions of
the building were left in a condemned state. Following a series of failed attempts to restore the hotel, in the
late 1990’s, Funding Partners for Housing Solutions and the National Development Council (NDC) created a
development partnership (the Developer) with the aim of restoring the hotel as a cornerstone of the downtown
area while also adding affordable housing for the community. In support of this effort, the City and the
Downtown Development Authority (DDA) pledged $1,001,000 in support to the project (total project costs were
estimated to be $9,692,823). The public support was memorialized in the Northern Hotel Restoration
Agreement (the Agreement) and was conditioned on the development of forty-seven (47) affordable residential
units, which were to remain affordable for a twenty-year period, historic character facade improvements, the
development of 13,800 square feet of commercial space, and other obligations. (Attachments 2 and 3)
To assure compliance of Restoration Agreement obligations, the City was collaterally assigned a note and
deed of trust against the property, thereby providing the City the recourse of foreclosure in the event of default.
Once the Restoration Agreement terms have been satisfied, the collateral assignment becomes null and void.
Recently the City received a request from Funding Partners for the release of the collateral assignment to
facilitate the sale of the property to an affiliate of Hendricks Communities, a preferred affordable housing
partner with a positive track record with the City. Hendricks Communities plans to acquire the property with a
new allocation of low income housing tax credits, provide substantial rehabilitation to improve the livability of
the units, and commit to an additional 20 years of affordability.
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Agenda Item 12
Item # 12 Page 2
At present, all Restoration Agreement obligations have been satisfied with the exception of the
remaining/ongoing requirement that the forty-seven (47) residential units remain affordable for a period of
twenty (20) years from final certificate of occupancy of the project, determined to be November 15, 2021. In
addition to the Restoration Agreement, the affordability of the forty-seven (47) units is separately assured
through a separate Low-Income Housing Tax Credit Land Use Restriction Agreement (LURA) executed with
the Colorado Housing and Finance Authority as a condition of receiving Low Income Housing Tax Credit
Financing. The LURA warrants affordability of the 47 units through the year 2041. (Attachment 4)
Additionally, Hendricks Communities LLC has received funding allocations of $675,000 in City Affordable
Housing Fund dollars through the 2016 and 2017 Competitive Process, which also carry affordability
restrictions. Both the Affordable Housing Board and Community Development Block Grant (CDBG)
Commission recommended funding to be used towards necessary improvement costs. Upon deployment of
these funds, the City and developer will execute a Promissory Note, Deed of Trust, and Agreement of
Restrictive Covenants requiring an additional 20 years of affordability.
Although the City is forgoing the superior foreclosure recourse made available through the collateral
assignment, staff believes the existing restrictions and planned future restrictions adequately protect the
remaining 4 years of affordability required under the Restoration Agreement, and go much further by extending
the affordability protections far into the future (2041 for the existing LURA restriction and an additional 20 years
from award for City Affordable Housing Funds).
Given the positive benefits of the sale of the Northern Hotel to a community partner in affordable housing, the
additional affordable restrictions related to the forty-seven (47) low income housing units, and the full
satisfaction of the other Restoration Agreement obligations, staff recommends the collateral assignment be
released and discharged.
CITY FINANCIAL IMPACTS
None. The City-DDA investment in the Northern Hotel renovation project was made in 1999 using City
General Fund dollars and Downtown Development Authority tax increment.
BOARD / COMMISSION RECOMMENDATION
In both the 2016 and 2017 Competitive Process funding allocation cycles, the Affordable Housing Board and
CDBG Commission recommended funding Hendricks Communities LLC $250,000 and $425,000 respectively
for necessary repairs and improvements to the Northern Hotel. (Attachments 5, 6, and 7)
ATTACHMENTS
1. Northern Hotel location map and picture (PDF)
2. Restoration Agreement (PDF)
3. Restoration Agreement Compliance Summary, May 2, 2017 (PDF)
4. Land Use Restriction Agreement (PDF)
5. Affordable Housing Board Recommendations, March 2016 (PDF)
6. CDBG Commission Deliberations (excerpt), April 14, 2016 (PDF)
7. CDBG Recommendations(excerpt), April 2017 (PDF)
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Northern Hotel
172 N. College Ave.
`
ATTACHMENT 1
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Attachment: Northern Hotel location map and picture (5686 : Northern Hotel Release of Collateral Assignment)
ATTACHMENT 2
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Restoration Agreement (5686 : Northern Hotel Release of Collateral Assignment)
EŽƌƚŚĞƌŶ,ŽƚĞůZĞƐƚŽƌĂƚŝŽŶŐƌĞĞŵĞŶƚͲŽŵƉůŝĂŶĐĞ^ƵŵŵĂƌLJ
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,KͲWĂƚƌŝĐŬZŽǁĞ ŽŵƉůĞƚĞĚ͘ ZĞůĞĂƐĞ͘
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/ŶƋƵŝƌĞĂďŽƵƚŵĂŬŝŶŐĚĞĐŝƐŝŽŶŽĨ
ƌĞůŝƋƵŝƐŚŝŶŐůŝĐĞŶƐĞ͘
WĂƌĂŐƌĂƉŚϴ ŐƌĞĞŵĞŶƚĨŽƌΗ&ĂĕĂĚĞ
ĂƐĞŵĞŶƚΗ
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Η Η͘
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&ĂĕĂĚĞ ĂƐĞŵĞŶƚ͘
WĂƌĂŐƌĂƉŚϴ ŽůŽƌĂĚŽ,ŝƐƚŽƌŝĐĂů&ŽƵŶĚĂƚŝŽŶ
ŽŶƐĞƌǀĂƚŝŽŶ ĂƐĞŵĞŶƚ
&ĂĕĂĚĞ ĂƐĞŵĞŶƚƚŽďĞŶƵůůĂŶĚǀŽŝĚŝĨ,ŝƐƚŽƌĐŝĂů&ŽƵŶĚĂƚŝŽŶĞĞĚŽĨŽŶƐĞƌǀĂƚŝŽŶ ĂƐĞŵĞŶƚŝƐ
ŐƌĂŶƚĞĚ͘
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WĂƌĂŐĂƌĂƉŚϭϬ Ψϯϯϭ͕ϬϬϬƐĞƚĂƐŝĚĞĨŽƌƌĞŶŽǀĂƚŝŽŶ
ŽĨĨĂĕĂĚĞ
Ψϯϯϭ͕ϬϬϬƐŚĂůůďĞƐĞƚĂƐŝĚĞĨŽƌƵƐĞŝŶƌĞŶŽǀĂƚŝŽŶŽĨĨĂĕĂĚĞĂŶĚĂƉƉƌŽǀĞĚďLJƚŚĞ&ŽƌƚŽůůŝŶƐ
>ĂŶĚŵĂƌŬŽŵŵŝƐƐŝŽŶ͘&ƵŶĚŝŶŐWĂƌŶƚĞƌƐͬEƐŚĂůůƉƌŽǀŝĚĞĐĞƌƚŝĨŝĐĂƚŝŽŶŽĨƚŚĞĂĐƚƵĂůĐŽƐƚŽĨ
ƚŚĞĨĂĕĂĚĞƌĞŶŽǀĂƚŝŽŶĂŶĚƉƌŽŽĨƚŚĂƚŝƚŝƐĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞƉƉƌŽǀĞĚ&ĂĐĂĚĞWůĂŶƐ͘
ͲDĂƚƚZŽďĞŶĂůƚ ŽŵƉůĞƚĞĚ͘
WĂƌĂŐƌĂƉŚϭϯ Ψϯϲϱϭϵ͘ϭϵƚŽďĞƉĂŝĚŽŶƉƌŝůϭƐƚ
ŝŶůŝĞƵŽĨƚĂdžĞƐ͘
ATTACHMENT 4
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
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Attachment: Land Use Restriction Agreement (5686 : Northern Hotel Release of Collateral Assignment)
ATTACHMENT 5
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Attachment: Affordable Housing Board Recommendations, March 2016 (5686 : Northern Hotel Release of Collateral Assignment)
12.5
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Attachment: Affordable Housing Board Recommendations, March 2016 (5686 : Northern Hotel Release of Collateral Assignment)
Community Development Block Grant Commission
Funding Deliberations (excerpt)
April 14, 2016
HO‐3 Hendricks Communities: Northern Hotel ‐ $250,000 requested
Dunn made a motion to fully fund this program in the amount of $250,000. Steve Backsen
seconded. Dunn believes this is a great program and the mission of the Board is to keep and
rehab senior housing in addition to affordable housing.
The motion to fund HO‐3 at $250,000 passed unanimously.
HO‐4 Loveland Housing Development Corp.: LHIP ‐ $150,000 requested
Anita Basham made a motion to fully fund this program in the amount of $150,000. Margaret
Long seconded. Basham said this is rehab project maintaining homes and including some
mobile homes. Long added that the cost for mobile home repairs are very costly. Holly Carroll
commented that the homes are located in the City of Fort Collins.
The motion to fund HO‐4 at $150,000 passed unanimously.
HO‐5 N2N: Aztec Siding Repair and Paint ‐ $25,000 requested
Basham made a motion to fully fund HO‐5 in the amount of $25,000. Backsen seconded.
Basham said these are rehab units trying to keep our housing stock in place by rehabbing them.
Backsen agreed and added that the residents should realize some savings in energy costs once
this work is completed.
The motion to fund HO‐5 at $25,000 passed unanimously.
Chair Carroll asked for a motion to approve the Housing matrix, so moved by Steve Backsen.
Seconded by Long.
The motion to approve the Housing matrix passed unanimously.
ATTACHMENT 6
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Attachment: CDBG Commission Deliberations (excerpt), April 14, 2016 (5686 : Northern Hotel Release of Collateral Assignment)
CDBG COMMISSION'S RECOMMENDATIONS
April 13, 2017 (excerpt)
Based on the available information the Commission had, they voted on which programs
and projects best fit the City's needs. Listed below is a summary of each applicant's
request for funding and the Commission's funding recommendations.
HOUSING
HO-3 Hendricks Communities: Northern Hotel
Request: $425,000 Recommendation:
$425,000
Percentage: 100%
Hendricks Communities is a for-profit organization that develops and manages low-
income housing in Colorado. They will be acquiring the Northern Hotel (constructed in
1873) in 2017. The Northern Hotel provides low-income housing to 47 seniors. Funding
will contribute to the costs for adding air conditioning units, condensers on the roof,
changes to the lobby and individual rooms.
ATTACHMENT 7
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Attachment: CDBG Recommendations(excerpt), April 2017 (5686 : Northern Hotel Release of Collateral Assignment)
-1-
ORDINANCE NO. 087, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE RELEASE OF A COLLATERAL ASSIGNMENT OF NOTE AND
DEED OF TRUST WHICH SECURES PERFORMANCE OF CERTAIN OBLIGATIONS
RELATED TO THE 1999 RESTORATION OF THE NORTHERN HOTEL
WHEREAS, in the 1970s, a fire left most of the Northern Hotel (the “Hotel”) in a
condition of vacancy and disrepair, and portions of it were left in a condemned state; and
WHEREAS, in the late 1990s, Funding Partners for Housing Solutions and the National
Development Council created a development partnership (the “Developer”) to restore the Hotel
as a cornerstone of the downtown area while also adding affordable housing for the community
(the “Project”); and
WHEREAS, to support the Project, the City contributed $1,001,000 toward the total
Project costs of approximately $9.7 million; and
WHEREAS, the City’s support of the Project was memorialized in a November 1999
Northern Hotel Restoration Agreement between the City and the Developer that was (the
“Agreement”); and
WHEREAS, the Agreement required the Developer to satisfying several obligations
related to the Project and future use of the Hotel, including the development of forty-seven
affordable residential units in the Hotel to remain affordable for a twenty-year period, historic
character facade improvements and the development of 13,800 square feet of commercial space
in the Hotel (“Project Obligations”); and
WHEREAS, to secure its performance of the Project Obligations, the Developer assigned
to the City a $1,001,000 promissory note and deed of trust encumbering the Hotel and did so
under that Collateral Assignment of Note and Deed of Trust recorded with the Agreement on
November 18, 1999, at Reception #0099098903 in the Larimer County, Colorado records (the
“Collateral Assignment”); and
WHEREAS, the Collateral Assignment was subsequently amended and restated by the
City and the Developer by that certain Amended and Restated Collateral Assignment of Note and
Deed of Trust” dated May 10, 2000, recorded on May 22, 2000, at Reception #2000033228 in
the Larimer County, Colorado records (the “Amended Collateral Assignment”); and
WHEREAS, the City has recently received a request from the Developer for the release
of the Collateral Assignment and the Amended Collateral Assignment to facilitate the sale of the
Hotel to an affiliate of Hendricks Communities, a preferred affordable housing partner with a
positive track record with the City; and
WHEREAS, Hendricks Communities plans to acquire the Hotel with a new allocation of
low-income housing tax credits in order to fund a substantial rehabilitation of the Hotel to
improve the livability of its affordable housing units, which will require Hendricks to commit to
Packet Pg. 287
-2-
an additional twenty years of affordability for those units (“Tax Credit Affordability
Obligation”); and
WHEREAS, all of the Project Obligations have been satisfied except for the requirement
that forty-seven residential units in the Hotel remain affordable for twenty years from the date of
the issuance of the final certificate of occupancy for the Project, which twenty-year period will
end on November 15, 2021 (“City Affordability Obligation”); and
WHEREAS, in addition to the City Affordability Obligation, the affordability of the
forty-seven units is currently required through a separate Low-Income Housing Tax Credit Land
Use Restriction Agreement (the “LURA”) executed with the Colorado Housing and Finance
Authority as a condition of receiving Low Income Housing Tax Credit Financing for the Project
and the LURA requires affordability of the forty-seven units through the year 2041 (the “LURA
Affordability Obligation”); and
WHEREAS, Hendricks Communities has also recently been approved for an award of
$675,000 in City Affordable Housing Fund dollars to be used for the proposed Hotel renovation
awarded in the City’s 2016 and 2017 competitive process, and to receive these funds Hendricks
Communities will be required to execute a promissory note, deed of trust, and a restrictive
covenants agreement requiring an additional twenty years of affordability for the forty-seven
affordable units (the “Affordable Housing Fund Obligation”); and
WHEREAS, while the release of the Collateral Assignment and the Amended Collateral
Assignment will eliminate security helping to insure compliance with the City Affordability
Obligation, the remaining LURA Affordability Obligation and the new Tax Credit Affordability
Obligation and the Affordable Housing Fund Obligation will continue to provide security
helping insure that the forty-seven affordable units in the Hotel will remain affordable for many
years to come; and
WHEREAS, given the positive benefits of the sale of the Hotel to Hendricks
Communities, a community partner in affordable housing, who will be making substantial
improvements to the Hotel and considering that all but one of the Project Obligations have been
satisfied, City staff recommends the Collateral Assignment and Amended Collateral Assignment
be released and discharged; and
WHEREAS, since the Collateral Assignment and Amended Collateral Assignment
constitute a lien against the Hotel, they are considered under Code Sections 23-110 and 23-111
to be an interest in real property that can only be disposed of by City Council by ordinance if
Council first finds such disposition to be in the best interests of the City; and
WHEREAS, the City Council hereby finds that the release and discharge of the Collateral
Assignment and the Amended Collateral Assignment is in the best interests of the City.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Packet Pg. 288
-3-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute such documents
and to take such other actions as necessary to fully release and discharge any and all interests the
City has in the Collateral Assignment and in the Amended Collateral Assignment, consistent
with the terms and purposes of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Cameron Gloss, Planning Manager
SUBJECT
First Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations.
EXECUTIVE SUMMARY
The purpose of this item is to update the Land Use Code (LUC) sign regulations with content neutral
standards. This Ordinance will address the following:
Eliminate standards that focus on the message of the sign
Create two Code sections, a permanent and temporary sign section
Introduce new standards based on the material classification for temporary signs
Provide additional clarification to standards for permanent signs
Add new terms with definitions related to temporary signs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Within the last few years, many jurisdictions across the nation have updated their sign codes in response to
the United States Supreme Court case, Reed v. Town of Gilbert. These updates have clarified their regulations
to ensure they are content neutral. Content neutral sign regulations do not vary standards such as size,
location, and duration based on the message of the sign.
In a review of the City of Fort Collins current sign standards, it was found some of the standards referenced the
type or message of the regulated sign. City staff has worked with a consultant to identify these types of
standards and offer an alternative solution in regulating signs.
Proposed Ordinance Highlights
The creation of two sign sections is proposed - a permanent and temporary sign section.
A large portion of the Ordinance deals with temporary signs. These changes include classifying temporary
signs based on the material of the sign ranging from laminated paper to metal.
Temporary signs also are classified based on the design of the sign. These classifications include yard sign,
site sign, swing sign, feather flag and banner.
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Agenda Item 13
Item # 13 Page 2
Regulations concerning the size, location and duration of temporary signs are further regulated based on new
temporary sign districts. The following table identifies which new sign district relates to the City of Fort Collins
existing zone districts.
Table D TEMPORARY SIGN DISTRICTS
Sign District Corresponding Zoning Districts
Downtown D; R-D-R
Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I
Multifamily/Mixed-Use L-M-N; M-M-N; N-C-M; N-C-B; H-M-N; N-C
Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C
Permanent sign code section changes include allowing flags and eliminating standards that were based on the
message of the sign.
New definitions have been created to define the new sign types. Some older definitions have been updated to
prevent overlap with the new definitions. Additionally, the current definition of a Sign included message-based
standards that are proposed to be eliminated.
CITY FINANCIAL IMPACTS
The City of Fort Collins Zoning staff currently reviews applications and inspects the installation of
signs/banners. It is anticipated that staff time dedicated to signs/banners will increase for the first year after
the adoption of the proposed changes.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will review the proposed changes during its regularly scheduled meeting on
July 20. If this Ordinance is adopted on First Reading, the Planning and Zoning Board’s recommendation will
be available at the time of Second Reading, currently scheduled for August 15.
PUBLIC OUTREACH
Staff in Zoning and the City Attorney’s Office, along with the consultants, engaged citizens, business owners
and sign contractors in discussions of sign code updates at two public outreach sessions held December 19,
2016 and January 13, 2017.
The general feedback received from these sessions included:
Content neutral is a good idea
Other sections of the sign code should be explored.
Further outreach has been scheduled with the Chamber of Commerce. This outreach is scheduled for June 30.
Feedback from the June 30 meeting will be included in the Council read-before packet on July 5.
ATTACHMENTS
1. Public Outreach Meeting Notes, December 19, 2016 (PDF)
2. Public Outreach Meeting Notes, January 13, 2017 (PDF)
3. Work Session Summary, May 23, 2017 (PDF)
4. Ordinance No. 088, 2017 (PDF)
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Early Input Session #1
Monday, December 19, 2016
Group Meeting, 11am
Sign Contractor and Business Representative
Sign Contractor – business growing, multi-state, even international. Relies on legal review by client if
vary from code (w/ a “variance fee.” Very experienced team. Believes in “prudent signage.”
Business Representative- Visitor Center in new Mountain Builds: touch screen. Up for 5 months, notified
by City of violation. Developed proposal, case studies from other cities. C3 Real Estate wants a similar
sign - were denied. ZBA denied application. Under window sign category? Or EMC? Shared case studies
– wants us to use them to support a code change.
Business Representative – wants new space in code: storefront Interactive Marketing Technology (very
flexible = hours, lumens, how are these different than the Front Range directory EMC?). Inside of glass,
not touch screen – button technology. Can be programmed (timing, frequency, lumins etc.)
Case Study – “Cons”? Sign Contractor– owner wanted something not allowed in code.
EMCS – Most cities in NOCo 50% EMC, differ in terms of size, timing. Only 2 color regulations right now
are allowed. Wants full color with limitations. Larimer CO is more flexible, consider mirroring. How to
monitor illumination? Light gun. Timnath entry signs: color blast, projection, 6500 calvins. Big Al’s; the
Rio in Frisco (seen from Interstate); RARE (Mtn + College). Windsor – used to be 24 hr. change, FC is 1
min. EMCs are going down in price. The Group could use the EMC to advertise community events +
advertise other businesses. 50 % rule is prudent (per sign face). Limitations should only be in special
districts (i.e. residential sign district).
Process – Can obtain sign permit in 1 hour if code is met. Overland is 7 business days. Windsor is 5-7
business days. Not as much wiggle room on how code is interpreted by current team. Predictable.
Larimer much more flexible on EMC. Fort Collins has a smoother process compared to other NOCo cities
– can get on variance calendar quickly.
HOA Code – supersedes City Code
Planned Sign Code Program – Sign Contractor has not prepared one here. He seems to discourage it.
How do we get to a LED Sign that does not look like an EMC?
Efficiency Works – LED can open up rebates (subsidiary of PRPA). Can be 30-40 % rebates of total cost.
Matt Cotié.
Other Issue:
ATTACHMENT 1
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Attachment: Public Outreach Meeting Notes, December 19, 2016 (5674 : Interim Sign Code Update)
x Grades – sometime too steep to fit monument sign within setback due to landscape berms or
retaining wall. Wants a little more flexible on grade, if meet height and size requirements.
Wants’ “prerailing grade” of site rather than grade @ the sign.
x Doing a great job, Zoning Staff. That is the difference with Fort Collins – they work with sign
contractors. Loves “sign surveys” that FC offers – tracks history by business. Do no follow
Boulder’s model – it is very very difficult.
x Innovative ideas are not always horizontal signs.
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Attachment: Public Outreach Meeting Notes, December 19, 2016 (5674 : Interim Sign Code Update)
Fort Collins Sign Code Early Input Session #2
January 13, 2017
Why update: maintain regionally exceptional aesthetics and character of the community; complaints re:
brightness of EMCs.
Individual Meeting, 10am
Citizen:
Aesthetics matter
Watchdog of certain issues; sign code is one of the top 3. Other top 2 are electrical undergrounding and
open space. Does not want to weaken the code.
Churchill: we shape the community (buildings) and the community shapes us.
What do we really have to do? Vs What do some want to do?
A city has to be egregious in order to be sued. Most businesses do not want to sue their city.
Mention death spiral of signage – origins of sign code in 1960s.
Complains against political campaigns that violate code – specifically signs in ROWs.
Advocates for fairness, aesthetics and timing (length of time). Not worried about content, more worried
about aesthetics – size, duration etc.
My goal: what is the common good size? Not going to the least or the most. What is rationale? What
makes sense?
Not a vested economic interest. Not own assets that require signs beyond political.
Avoid “government by and for business.” Stakeholders usually are the economically vested businesses.
Governments exist for and by the people, to protect the public good. Businesses have resources to
pursue and defend their own interests. Businesses get 95% of the attention. Capture theory:
government regulators get captured by the very interests they have an interest in regulating. Asks that
we avoid overly loosening to benefit private interests.
Start with the interest that we are hearing primarily from private vested interests.
Public meeting: less and less citizen involvement as the city gets bigger. Involvement comes down to
NIMBY, or highly divisive social issues.
Safety aspect: distracted driving an increasing risk. Base case on public safety in the ROW.
Hopefully the consolidation of signs wouldn’t result in a billboard-sized EMC.
ATTACHMENT 2
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
Should a sign be placed in a landscaped area? Yes.
Use this opportunity to address ways to improve other aspects of signs: landscaping, distance between
signs?
Temporary signs: Currently banners allow 20 additional days if opening new business.
Downtown signs should have a different aesthetic than other areas. Most signage downtown is nice.
Laws are written for the 10% of egregious abusers, to level the playing field of those with a competitive
advantage. Should this be addressed in either the downtown plan or the sign code update?
Consultant: This is looking at sign code in terms of districts.
Group Meeting, 11am
Sign Contractor:
EMCs: careful of ill-matched comparisons (like RV World, Las Vegas). While FC requires smaller signs,
they are closer to the ROW/viewers and can be bright. Need to come up with a rationale unit of
measure for
Suggests that code is one of the most restrictive re: EMCs. Wants to allow businesses to share in a cost
efficient way: images, brightness, size, # of colors. Comfortable where we are at, though we do not want
to go backwards.
EMC enforcement: shipped with settings that meet city requirements. Customer can manipulate the nit
levels. Some cheaper units does not indicate nit units/lumens.
Brightness levels: measurement spelled out in code. Use light (nit) reader for enforcement. Shut the sign
off to take baseline reading (because of ambient light readings). Longmont requires a letter from sign
company or owner that sign was installed to meet code, in part to underline the issue. Eye test tells you
what is right, though that cannot be codified. Brightness level automatically reduces based on sunlight.
Resolution: as a community we agreed not to have high resolution signs. Effort not long ago to eliminate
EMCs from the community. In order to retain them, the city agreed to limit to low resolution signs. Used
to be 16 millimeters – that is most common, moving towards 12. Can be as low as 8. Cities require no
less resolution than 16 mm.
Size: frame not included in 50% size. Some businesses want 100% EMC. Ventilation not an issue – many
are front vented. Electric access, most are front access. Standardized sizes of manufactured EMCs should
not drive code.
Color: strong interest in more than 2 colors.
Design: some clients want EMC on top. Others on bottom. Is there a preference? Don’t want it to be
addressed in code. Integration of EMC with cabinet (not separated)? Don’t want it to be addressed in
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
code. What is the community preference on disintegration? Full cover on sides and top (Foothills) .
Foothills Mall – revised over 5 years, appealing results.
Balance the communicative interest of the property owner the community.
Zip track (interchangeable letter) signs – allowed in Code.
Schools not subject to Code; going LED.
Temporary signs: banners, A-frames, windows. Should banners be framed? Have not been successful in
selling because city does not consider banners as permanent signs. If temporary sign is regulated only
on timing? When should city regular timing…. Amount of time based on durability. Regulate timing
based on election cycle / seasons?
Content: EMCs innovation is that are connected to the cloud rather than a data line.
What has been irritating?
- Nothing
- Pole covers. Added expense. Owners want the lowest cost cover, not as concerned with materials and
look.
- little interest in pole signs except along freeways and agricultural corridors.
- length of time temporary signs can be up. Every business gets one temporary sign?
Sign must look associated with the building: base related to the architecture of the building.
Ground signs: get rewarded in City because gives larger area.
World Class: more LEDs. Character by district.
Wall-signs – see Miriam notes. Measuring frontage is better than measuring signable area.
Shape: up to 8 contiguous straight signs.
Restrictions on length of banners, a-frames. Example, A-frames legal downtown. Banner frames worth
evaluating.
# of lines: draft for 85% success – try not to overcomplicate. Requires more staff time.
Marijuana – because prohibited by Federal law how should local regulations address? City has the right
to say no to certain MJ terms.
LED: if rewrite, add marque sign on Lincoln Center. Show community what a model LED sign should look
like.
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
Machines that shake signs – not allowed, period. Human beings have constitutional rights and robots
don’t – do not count as off-premise signs. Use code to educate the why.
Public Involvement: Chamber of Commerce Legislative Affairs Committee meets every Friday. Available
January 20 and throughout Jan and Feb except Feb 10.
Process: friendly staff; fast – in 30 minutes; astonishingly sweet; obtain permit at the counter (which is
almost unheard of across the country); monitor signs on the building – saves time because do not have
to provide photos of business. Do not change the process. For variances: first meeting 4 weeks out,
sometimes can obtain decision in the meeting. Variance is a costly due to process. Important to hear
both sides and find common ground rather than emphasizing appeals. Some staff lost job over the cost
of defending onerous color requirements.
Wes: I’m going to need some time to get my head into this.
Sign Contractor:
We work in over 60 cities, and by far the City of Fort Collins is one of the best places to work. Not
because of the sign code but because of the process: the City offers straightforward procedures and
quick turnaround. That is extremely important to us. Other locations we work with require months to
get a permit. A recent job in Longmont took 13 months. It can become so cumbersome that it is easier
and cheaper to put up an illegal sign.
Projected signs: relax to allow a little more creativity. See Butterfly Café sign proposal. Parking garage
only allowed to be 12” tall on a very large building. Armstrong Hotel sign now a landmark. Make it
proportional to the size of the building.
Innovation: Buell Theatre has a special theatre district that allows any type of sign – only a few blocks.
Theatre type signs. Art and sculpture mixed together.
EMCs: more than two colors. Most clients want full color.
EMCs on top: not look good, such as Mulberry Max / Safeway, The Ranch Events Complex sign
Window Plasma Screens: as price comes down it will become more popular.
Informational Displays / Kiosks: inside (malls) and outside.
Expressed interest in serving on ad hoc committee.
Signs above the Roofline: current prohibited. However, many cities have designated their roofline signs
as landmarks. These can be quite distinctive and fit the architecture.
Setback lines: use the flow line rather than the property line. The property line can be significantly back
from the ROW. Or measure from curb.
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
Zone Districts: we can work with these district standards, are sensitive to residential areas.
Opaque background: sometimes a trademark logo or color does not read well against opaque.
Sign Contractor
Fort Morgan much simpler than previous code
Off-premise: because in 10th circuit, can regulate on- and off-premise signs differently. Can be context-
sensitive, such as adjacency to intersection; sight lines.
The irresponsible offenders offend a responsible industry.
EMC Brightness: 85% capacity @ day; 15% @ night. If foggy, reduced further.
EMC Resolution: high resolution can look as statis as a printed sign. Need brightness and resolution
standards. The higher the resolution, the higher quality it looks. High quality is a core value for the City…
so why require low resolution signs?
EMC Color: not interested in 2-color billboards, would rather do static print – not cost effective. Full
color highly sought after by customers. 2-color is worse than full color. Should be vetted in a public
forum.
EMC Monitoring: Lamar will send their standards for nit readings and measurement protocols. They
want other companies to follow their company’s higher standards. Suggest that their standards exceed
the City’s current code. Code should speak to how EMCs are maintained/monitored: light readings,
broken lights, off colors.
EMC dwell times: CDOT regulations are 4 sec. Weld Co 10 sec. Lamar uses 6 sec. Instantaneous
transitions. Animation not appropriate for roadways, limit to pedestrian areas.
There are limited opportunities for mass advertising: declining newspapers, etc. EMC signs become a
valuable asset, and can feature multiple companies within a single structure. Reduce sign pollution.
Dark sky – Lamar has collect research and can share.
Signs that are not legible (internal signs) from the property line are not regulated as a sign.
Lamar holds long-term land leases, owns some land with signs, and subleases signs on others’
structures. Lamar manages FC bus stop, Transfort sign leases, not just billboards
Offered to bring EMC with DaVinci to public meeting
Grandfathered non-conforming billboards cannot be improved; only replacements in-kind.
Mature landscaping screens some signs.
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
Outreach: contact Board of Realtors, Business Associations.
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Attachment: Public Outreach Meeting Notes, January 13, 2017 (5674 : Interim Sign Code Update)
ATTACHMENT 3
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Attachment: Work Session Summary, May 23, 2017 (5674 : Interim Sign Code Update)
Page 1
ORDINANCE NO. 088, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE SIGN REGULATIONS
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code; and
WHEREAS, the Land Use Code contains regulations regarding signs within the City; and
WHEREAS, the 2015 United States Supreme Court case Reed v. Town of Gilbert and
subsequent lower court decisions applying Reed v. Town of Gilbert prompted a review of the
City’s sign regulations with regards to the issues of content and viewpoint neutrality; and
WHEREAS, the changes to the City’s sign code contained in this Ordinance are for the
purpose of ensuring compliance with Reed v. Town of Gilbert and related cases; and
WHEREAS, the City has legitimate, important, substantial, or compelling interests in:
1. Preventing the proliferation of signs that tends to result from property owners
competing for the attention of passing motorists and pedestrians (also known as
“sign clutter”), because sign clutter:
a. Creates visual distraction and obstructs views, potentially creating safety
hazards for motorists, bicyclists, and pedestrians;
b. May involve physical obstruction of streets, sidewalks, or trails, creating
public safety hazards;
c. Degrades the aesthetic quality of the City, making the City a less attractive
place for residents, business owners, visitors, and private investment; and
d. Dilutes or obscures messages on individual signs due to the increasing
intensity of competition for attention.
2. Protecting the health of its tree canopy, an important community asset that
contributes to the character, environmental quality, and economic health of the
City and the region; and
3. Maintaining a high quality aesthetic environment to protect and enhance property
values and the public investment in streets, sidewalks, trails, plazas, parks, and
landscaping, and to enhance community pride; and
WHEREAS, the Council finds that:
1. The regulations set out in this Ordinance are unrelated to the suppression of
constitutionally-protected free expression, do not relate to the content of protected
messages that may be displayed on signs, and do not relate to the viewpoint of
individual speakers;
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Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Page 2
2. Any incidental restriction on the freedom of speech that may result from the
regulation of signs pursuant to this Ordinance is no greater than is essential to the
furtherance of the important, substantial, and compelling interests that are
advanced herein;
3. Regulation of the location, number, materials, height, sign area, form, and
duration of display of signs is essential to preventing sign clutter; and
4. Signs may be degraded, damaged, moved, or destroyed by causes including wind,
rain, snow, ice, and sun, and after such degradation, damage, movement, or
destruction, such signs harm the safety and aesthetics of the City if they are not
removed; and
WHEREAS, the purpose and intent of this Ordinance is to establish reasonable
regulations for the design, location, installation, maintenance, and removal of signs in a manner
that advances the City’s legitimate, important, substantial, and compelling interests, while
simultaneously safeguarding constitutionally protected free speech; and
WHEREAS, the City Council has determined that the Land Use Code sign regulations
contained in this Ordinance will promote the objectives and public purposes described above and
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 3.8.7 of the Land Use Code is hereby amended to read as
follows:
3.8.7 Signs.
3.8.7.1 Permanent Signs
(A) General.
(1) Signs Permitted. SignsPermanent signs shall be permitted in the various
zone districts as accessory uses in accordance with the regulations
contained in this Section. The regulations contained in this Section 3.8.7.1
apply to permanent signs while temporary signs are regulated under
Section 3.8.7.2 unless specifically provided herein.
(2) Prohibited Permanent Signs. Rooftop signs and all other signs which
project above the fascia wall, portable signs, revolving and rotating signs,
strings of light bulbs not permanently mounted on a rigid background used
in connection with commercial premises for commercial purposes other
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Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Page 3
than traditional holiday decorations, posters inflatable signs, and wind-
driven signs (except flags in compliance with this Section 3.8.7.1, banners
and pennants) shall be prohibited in all zone districts.
(3) Nonconforming Signs.
(a) Existing signs which were erected without a permit and which,
although legally permissible at the time they were erected, have become
nonconforming because of subsequent amendments to this Code must be
brought into conformance with the provisions of this Section, as amended,
within ninety (90) days of the effective date of the amendment which
caused the nonconformity.
(b) Existing on-premise signs for which a sign permit was issued
pursuant to the previous provisions of this Code, and which have
become nonconforming because of an amendment to this Code,
shall be brought into conformance with the provisions of this
Section 3.8.7.1 within the period of time specified in the ordinance
containing the amendment which causes the nonconformity. In
determining such period of time, the City Council shall consider
the length of time since the last Code change affecting that same
category of signs as well as the cost of bringing the signs into
compliance. During the period of time that the signs may remain
nonconforming, such signs shall be maintained in good condition
and no such sign shall be:
1. structurally changed to another nonconforming sign,
although its content may be changed;
2. structurally altered in order to prolong the life of the sign,
except to meet safety requirements;
3. altered so as to increase the degree of nonconformity of the
sign;
4. enlarged;
5. continued in use if a change of use occurs as defined in the
zoning ordinance, or if the premises promoted by the sign
comes under new ownership or tenancy and such sign is
proposed to be remodeled, repainted or otherwise changed
for the purpose of displaying the new name or other new
identification of the premises; or
6. re-established after damage or destruction if the estimated
cost of reconstruction exceeds fifty (50) percent of the
appraised replacement cost.
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Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Page 4
(c) Except as provided in subsection (d) below, all existing
nonconforming signs located on property annexed to the City shall
be removed or made to conform to the provisions of this Article no
later than seven (7) years after the effective date of such
annexation; provided, however, that during said seven-year period,
such signs shall be maintained in good condition and shall be
subject to the same limitations contained in subparagraphs (b)(1)
through (b)(6) above. This subsection shall not apply to off-
premises signs which are within the ambit of the just compensation
provisions of the Federal Highway Beautification Act and the
Colorado Outdoor Advertising Act.
(d) All existing signs with flashing, moving, blinking, chasing or other
animation effects not in conformance with the provisions of this
Article and located on property annexed to the City after
November 28, 1971, shall be made so that such flashing, moving,
blinking, chasing or other animation effects shall cease within sixty
(60) days after such annexation, and all existing portable signs,
vehicle-mounted signs, banners and pennants located on property
annexed to the City after November 28, 1971, shall be removed or
made to conform within sixty (60) days after such annexation.
(B) Administration.
(1) Permit Required; Exceptions.
(a) The erection, remodeling, reface, or removal of any permanent
sign shall require a permit from the Zoning AdministratorDirector,
except that no permit shall be required for the erection, remodeling
or removal of any sign regulated by subsections 3.8.7(C)(1)(a), (c),
(g) or (j); subsections 3.8.7(D)(2), (3) or (4); or subsection
3.8.7(L). of the following signs:
1. Signs that are required by law at the minimum size
required, including but not limited to address signs that are
required by the applicable Fire Code;
2. One attached sign of any type per building elevation or
entrance (whichever provides for more signs on an
elevation), provided that the sign does not exceed two
square feet in sign area;
3. Three or fewer flags per property, or group of properties
that were planned or developed with shared pedestrian or
vehicle access, hung separately or together from a rigid,
straight, building or ground-mounted flagpole, or flagpoles,
and where no flag exceeds 32 square feet in area;
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4. Signs that are less than one square foot in sign area that are
attached to machines, equipment, fences, gates, walls,
gasoline pumps, public telephones, utility cabinets, and
other such structures, provided that no more than two of
such signs are spaced less than 10 feet apart, or such signs
are not visible from public rights-of-way; and
5. Window signs that are less than 6 square feet.
(b) All sign permit applications shall be accompanied by detailed
drawings indicating the dimensions, location and engineering of
the particular sign, and plat plans when applicable, and the
applicable processing fee.
(2) Permit Processing. The Director shall review the sign permit application
within two business days to determine if it is complete. If it is complete,
the Director shall approve or deny the application within three business
days after such determination. If it is incomplete, the Director shall cause
the application to be returned to the applicant within one business day of
the determination, along with written reasons for the determination of
incompleteness.
(C) Standards and Limitations.
(1) Limitations for Residential Districts and Uses. Signs in the N-C-L, N-C-
M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L
Districts may include and shall be limited to the following:
(a) one (1) identification sign per single-family or two-family
dwelling, provided such sign does not exceed two (2) square feet in
area per face;
(b) one (1) identification sign per multi-family dwelling, provided
such sign does not exceed twenty (20) square feet in area per face
and has only indirect illumination;
(c) one (1) for sale or for rent sign per lot, provided such sign does not
exceed six (6) square feet in area per face and is unlighted;
(d) identification signs during the construction of a development,
provided that the placement and use of all such signs shall be
subject to the following limitations:
1. The maximum size for identification signs shall be sixty-
four (64) square feet in area per face.
2. All such signs shall be located within the development and
must be located along arterial streets abutting the
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development and shall be subject to the following
limitations:
a. No more than two (2) such signs shall be permitted
on any single arterial boundary of the development.
b. Such signs must be at least one thousand (1,000) feet apart
if they are not located at the same intersection.
3. When a development has no frontage on an arterial street,
identification signs may be located along collector streets
abutting the development, except that no more than one (1)
such sign shall be permitted along any collector street
abutting the development.
4. Identification signs must be removed when the
development sales office closes.
(a)(e) one (1) identification one (1) sign per public or semipublic
usevehicular entry to a multi-family development or residential
subdivision, provided such sign does not exceed thirty-five (35)
square feet in area per face, or eight (8six (6) feet in height, and
has only indirect illumination;
(f) one (1) identification sign per entrance to the property identifying a
subdivision or housing project, provided that such sign does not
exceed thirty-five (35) square feet in area per face, six (6) feet in
height and has only direct illumination. When such signs are
placed on subdivision entry wall structures, only the sign face shall
be used to calculate the size of the sign;
(b)(g) any number of election signsone (1) detached or attached sign per
nonresidential use, provided each such sign does not exceed eight
(8thirty-five (35) square feet in area per face or eight (8) feet in
height (for detached signs), and is unlightedhas only indirect
illumination;
(h) one (1) identification sign per child care center, provided such sign
does not exceed ten (10) square feet in area per face and is
unlighted;
(i) one (1) identification sign per subdivision sales office, provided
that such sign does not exceed ten (10) square feet in area per face
and is unlighted;
(j) any number of ideological signs, provided such signs do not
exceed ten (10) square feet in area per face with a maximum
aggregate of twenty (20) square feet in face area per lot and are
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unlighted. In addition, where an identification sign is allowed
under this Section, all or any portion of said sign may be used as
an ideological sign;
(c)(k) one identification sign per licensed home occupationone (1)
detached or attached sign per single-family or duplex building with
lot frontage on an arterial street, provided that such sign does not
exceed four (4) square feet in area per face. or five (5) feet in
height, and has no illumination.
(D) General Limitations for Nonresidential Districts and Uses. Signs in the D, R-D-
R, C-C, C-C-N, C-C-R, C-G, C-S, N-C, C-L, H-C, E and I districts, or for any
institutional/civic/public, business, commercial or industrial use in a mixed-use
district shall be limited to the following:
(1) such signs as are permitted in the R-L District.;
(2) one (1) flag larger than thirty-two (32) square feet in area and within the
permitted sign area allowance for the property, provided no other flags are
displayed;
(2) any number of election signs, provided each such sign does not exceed
thirty-two (32) square feet in area per face.
(3) one (1) for sale or for rent sign per lot, provided such sign does not exceed
sixteen (16) square feet in area per face.
(4) any number of ideological signs, provided such signs comply with all
other requirements for signs in nonresidential districts.
(53) flush wall signs, projecting wall signs, window signs, freestanding signs
and ground signs, provided that the placement and use of all such signs
shall be governed by and shall be within the following limitations:
(a) For the first two hundred (200) feet in building frontage length, the
maximum sign area permitted shall be equal to two (2) square feet
of sign area for each linear foot of building frontage length.
(b) For that portion of a building frontage which exceeds two hundred
(200) feet in length, the maximum sign area permitted shall be
equal to one (1) square foot of sign area for each linear foot of
building frontage length over such two hundred (200) feet. The
sign area permitted hereunder shall be in addition to the sign area
permitted under (53)(a). above.
(c) In no event shall the total sign allowance for any property be less
than one (1) square foot of sign allowance for each linear foot of
lot frontage.
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(d) In no event shall more than three (3) street or building frontages be
used as the basis for calculating the total sign allowance as
permitted in subsections (53)(a) and (53)(c) above, inclusive.
(e) For flush wall signs consisting of framed banners, all banners shall
be sized to fit the banner frame so that there are no visible gaps
between the edges of the banner and the banner frame.
(64) For the purpose of this Section, the sign allowance shall be calculated on
the basis of the length of the one (1) building frontage which is most
nearly parallel to the street it faces. If a building does not have frontage on
a dedicated public street, the owner of the building may designate the one
(1) building frontage which shall be used for the purpose of calculating the
sign allowance. If the only building frontage which fronts on a dedicated
street is a wall containing no signs, the property owner may designate
another building frontage on the building on the basis of which the total
sign allowance shall be calculated, provided that no more than twenty-five
(25) percent of the total sign allowance permitted under this Article may
be placed on frontage other than the building fascia which was the basis
for the sign allowance calculation. In all other cases, the sign allowance
for a property may be distributed in any manner among its building and/or
street frontages except that no one (1) building or street frontage may
contain more sign area than one hundred (100) percent of the sign area
provided for by (53)(a) through (53)(c) above, inclusive.
(75) In addition to the sign allowance calculation described in paragraph (64)
above, a building located in the Downtown (D) Zone District that abuts an
alley which has been improved pursuant to the Downtown Development
Authority's Alley Enhancement Project may be allowed one (1) flush wall
sign not to exceed six (6) square feet, or one (1) projecting wall sign not to
exceed six (6) square feet per side, on the rear wall of such building,
provided that a public entrance to the business(es) advertised on the
signbuilding exists in said wall.
(E) Limitations for Nonresidential Districts and Nonresidential Uses in the
Residential Neighborhood Sign District. There is hereby established a
"Residential Neighborhood Sign District" for the purpose of regulating signs for
nonresidential uses in certain geographical areas of the City which may be
particularly affected by such signs because of their predominantly residential use
and character. The boundaries of the "Residential Neighborhood Sign District"
shall be shown on a map which shall be maintained in the office of the City Clerk.
Any amendments to this map shall be made in the same manner as amendments to
the Zoning Map of the City, as provided in Article 2. The following provisions
shall only apply to project development plans proposed in the Neighborhood
Commercial Districts and neighborhood service centers, convenience shopping
centers, business service uses and auto-related and roadside commercial uses in
the "Residential Neighborhood Sign District" which are developed on or after
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January 15, 1993. In addition, all such provisions, except paragraphs (14) and (15)
below, shall apply to signs in neighborhood service centers, neighborhood
commercial districts, convenience shopping centers, business service uses and
auto-related and roadside commercial uses in the "Residential Neighborhood Sign
District" which were developed prior to the effective date of this Code, whenever
such signs are erected or remodeled pursuant to a permit after January 15, 1993.
(1) Signs regulated under this Section shall generally conform to the other
requirements of this Section, except that when any of the following
limitations are applicable to a particular sign, the more restrictive
limitation shall apply.
(2) Signs regulated under this Section shall also conform to any locational
requirements imposed by the decision maker as a condition of the
approval of the development plan.
(3) No sign shall project more than twelve (12) inches beyond the building
fascia. Under-canopy signs which are perpendicular to the face of the
building shall be exempted from this requirement, except that they shall be
limited to four (4) square feet in area per face.
(4) Freestanding or ground signs shall comply with the following
requirements with respect to size, number and height:
Use
Maximum area per
sign face (sf. =
square feet)
Maximum number
of signs permitted
per street frontage Maximum height
Auto-related and roadside
commercial and business
service uses All
Institutional, Business and
Commercial Uses Not
Otherwise Specified in this
Table
Primary - 32 s.f. Primary - 1 Primary - 5 ft.
Convenience sShopping
cCenter
Primary - 40 s.f. Primary - 1 Primary - 8 ft.
Neighborhood sService
cCenter,
Neighborhood Commercial
District
Primary - 55 s.f.
Secondary - 32 s.f.
Primary - 1
Secondary - 1
Primary - 10 ft.
Secondary - 6 ft.
(5) Freestanding signs shall be permitted only if constructed with a supporting
sign structure, the width of which exceeds seventy (70) percent of the
width of the sign face. Freestanding or ground signs shall contain no more
than two (2) faces. No freestanding or ground sign shall be located less
than seventy-five (75) feet from any directly abutting property which
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contains an existing or approved residential use or is zoned for residential
use. For the purposes of this subsection, the term approved shall mean
having current project development plan or final plan approval.
(6) All supporting sign structures of a freestanding or ground sign shall match
the primary finish and colors of the associated building(s).
(7) All signs which are greater than four (4) square feet in area, except ground
signs and those signs which replicate a business logo, must be comprised
only of individual letters signs or cabinets signs wherein only the letters
are illuminated.
(8) The maximum size of individual letters and logos on flush wall signs and
flush wall cabinets or individual letters shall be as follows:
Use
Maximum
letter
height
Maximum logo
heightCabinet or
Individual Letter
Height
Maximum
cabinet
height
Auto-related and roadside commercial and
business service uses All Institutional, Business
and Commercial Uses Not Otherwise Specified
in this Table
12"
18"
18"
Convenience sShopping cCenter 18" 24" 24"
Neighborhood sService cCenter,
Neighborhood Commercial District
24"
*
30"
*
30"
*
* Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area
shall be permitted one (1) flush wall sign with individual letters not to exceed forty-eight (48)
inches in height and/or logos not to exceed fifty-four (54) inches in height. The maximum
cabinet height shall be fifty-four (54) inches in height.
(9) If signs are illuminated, only internal illumination shall be permitted. This
requirement shall not apply to freestanding or ground signs.
(10) The length of any flush wall sign for an individual tenant space shall be
limited to seventy-five (75) percent of the width of the tenant storefront,
but no sign shall exceed forty (40) feet in length; provided, however, that
any individual tenant space exceeding forty-five thousand (45,000) square
feet in floor area shall be permitted one (1) flush wall sign not exceeding
fifty-five (55) feet in length. Each tenant space shall be allowed one (1)
such flush wall sign on each exterior building wall directly abutting the
tenant space. In the event that a tenant space does not have a directly
abutting exterior wall, one (1) sign not exceeding thirty (30) square feet
may be erected on an exterior wall of the building for the purpose of
identifying that tenant space.
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(11) The location of any flush wall sign shall be positioned to harmonize with
the architectural character of the building(s) to which they are attached,
including, but not limited to, any projection, relief, cornice, column,
change of building material, window or door opening. Flush wall signs
shall align with other such signs on the same building.
(12) No illuminated sign visible from or within three hundred (300) feet of any
property which contains an existing or approved residential use or is zoned
for residential use, may be illuminated between the hours of 11:00 p.m. (or
one-half [½] hour after the use to which it is pertains is closed, whichever
is later) and 6:00 a.m.; provided, however, that this time limitation shall
not apply to any lighting which is used primarily for the protection of the
premises or for safety purposes or any signage which is separated from a
residential use by an arterial street. For the purposes of this subsection, the
term "approved" shall mean having current project development plan or
final plan approval.
(13) One (1) flush wall sign or under-canopy sign per street frontage, not to
exceed twelve (12) square feet in area, shall be permitted on or under the
fascia of a canopy covering the retail dispensing or sales of vehicular
fuels. an area used by motor vehicles (including but not limited to service
station canopies, canopies over drive-in or drive-through facilities, etc.)
(14) For the first two hundred (200) feet in building frontage length in a
neighborhood service center, the maximum sign area permitted shall be
equal to one and one-quarter (1¼) square feet for each linear foot of
building frontage length. For that portion of a building frontage which
exceeds two hundred (200) feet in length, the maximum sign area
permitted shall be equal to two-thirds (2/3) foot for each linear foot of
building frontage length over such two hundred (200) feet.
(15) For the first two hundred (200) feet in building frontage length in a
neighborhood convenience shopping center, or any other business service
use or auto-related and roadsideor commercial use that is not a
neighborhood service center or neighborhood commercial district, the
maximum sign area permitted shall be equal to one (1) square foot for
each linear foot of building frontage length. For that portion of a building
frontage which exceeds two hundred (200) feet in length, the maximum
sign area permitted shall be equal to one-half (½) foot for each linear foot
of building frontage over such two hundred (200) feet.
(16) In addition to the basic size allowance permitted under subsection
3.8.7(E)(4), the sign area and height of a freestanding or ground sign may
be increased by an additional twenty (20) percent if only identification of
the name and/or logo of the retail center or business park is used on the
primary or secondary freestanding or ground sign. This bonus shall only
be applied to the freestanding or ground sign on which the limitation
occurs.
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(167) Window signs, excluding ideological signs, may shall cover no more than
twenty-five (25) percent of the surface area of the window or door in
which such signs are placed. Temporary window signs shall not be
allowed above the first story of a building. A window sign shall be
considered to be a temporary window sign if it is displayed in the same
window or door, or same approximate location outside of a window or
door, for no more than thirty (30) calendar days within a calendar year.
Changes in the message displayed on such sign shall not affect the
computation of the thirty-day period of time provided for herein.
. . .
(G) Freestanding and Ground Sign Requirement.
(1) Ground signs which exceed forty-two (42) inches in height, and
freestanding signs which do not maintain free air space between a height
of forty-two (42) inches and seventy-two (72) inches above the abutting
street elevation, shall be set back from the right-of-way line a distance as
established in the sight distance triangle table contained in this subsection.
A freestanding sign shall not be construed to have free air space if such
sign has a base, the width of which exceeds fifty (50) percent of the width
of its face or three (3) feet, whichever is smaller. In addition, freestanding
and ground signs shall not be located closer to the right-of-way line than
allowed in the tables below that apply to such signs.
Sight Distance Triangle Setbacks (See Figure 16)
Type of street Y distances (feet) X distances (feet) Safe sight distance (feet)
Arterial
Right 135
15 500
Left 270
Collector
Right 120
15 400
Left 220
Local
Right 100
15 300
Left 150
Figure 16
SafeSight Distance Triangle Setbacks
Note: All "X" distances shall be fifteen (15) feet measured perpendicular from the project
flowline of the intersecting street. For explanation of distances, see the diagram following
diagram. These distances are typical sight distance triangles to be used under normal conditions
and may be modified by the Director of Engineering in order to protect the public safety and
welfare in the event that exceptional site conditions necessitate such modification.
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Requirements for Freestanding Signs
(See Accompanying Text Below)
Distance from street
right-of-way line (feet)
Maximum height
above grade (feet)
Maximum size allowed
per side (square feet)
0 10 20
5 10 30
10 12 40
15 12 50
20 14 60
25 16 70
30 18 80
36 and more 18 90
Requirements for Ground Signs
(See Accompanying Text Below)
Distance from street
right-of-way line (feet)
Maximum height
above grade (feet)
Maximum size allowed
per side (square feet)
0 7 45
5 8.5 60
10 10 75
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15 and more 12 90
(2) The maximum size for ground and freestanding signs shall be ninety (90)
square feet per side. The maximum height for freestanding signs shall be
eighteen (18) feet above grade. The maximum height for ground signs
shall be twelve (12) feet above grade. No freestanding or ground sign shall
be built within fifteen (15) feet of any interior side lot line. The minimum
horizontal distance between freestanding or ground signs located on the
same lot shall be seventy-five (75) feet.
(3) The maximum combined sign area of all faces of a freestanding or ground
sign shall be two (2) times the maximum sign area allowed per side, based
on setback. Any limitation imposed under this Article on the size of the
face of a sign shall also apply to the entire side of the sign.
(4) The required setback of any freestanding or ground sign shall be measured
from the street right-of-way line of the street frontage which is the basis
for the allotment of such sign. Any such setback shall be measured
perpendicularly from the street right-of-way line to the nearest portion of
the sign face or structure.
(5) When a freestanding or ground sign is placed on a lot with two (2) or more
street frontages, such sign shall be said to abut a particular street frontage
when it is located closer to that street frontage than any other street
frontage.
(6) No more than one (1) permanent freestanding or ground sign per street
frontage shall be permitted for any property or group of properties that
were planned or developed with shared pedestrian or vehicle access.;
excepting, however, election signs authorized in Section 3.8.7(C)(1)(g)
and 3.8.7(D)(2), and for sale and for rent signs authorized in Section
3.8.7(C)(1)(c) and 3.8.7(D)(3). No permanent freestanding or ground sign
shall contain more than three (3) cabinets or modules.
(7) If a lot has more than one (1) street frontage, the freestanding or ground
sign permitted for each frontage must abut the street frontage which is the
basis for the allotment of such sign.
(8) The sign face of a single face sign must be most nearly parallel to the
abutting street frontage. The sign faces of a multi-face sign must be most
nearly perpendicular to the abutting street frontage.
(9) A drive-in restaurantthrough use, when located on a lot with frontage on
only one (1) street, shall be permitted one (1) additional freestanding or
ground sign for the sole purpose of a menu board for that is physically
oriented to the drive-thru customers.through lane. Such sign shall not
exceed five (5) feet in height, and thirty-five (35) square feet in area and
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shall be limited to one (1) face. Fifty (50) percent of the square footage of
such sign shall be exempted from the total allowed for the property.
(10) A drive-in use shall be permitted up to eight (8) square feet of signage at
each drive-in station (including but not limited to menu boards, signs
affixed to gasoline pumps, etc.), provided that the sign is physically
oriented to the drive-in station. The square footage of such sign shall be
exempted from the total allowed for the property.
(1011) All supporting structures of ground signs shall be of the same or similar
materials or colors of the associated building(s) which house the
businesses or activities advertised on the sign.
(1112) When electrical service is provided to freestanding signs or ground signs,
all such electrical service shall be underground.
(1213) Freestanding signs (pole signs) shall contain no more than thirty (30)
percent (forty [40] percent if located within the site distance triangle as
described in paragraph 3.8.7.1(G)(1) above) free air space between the top
of the sign and the ground, vertically and between the extreme horizontal
limits of the sign extended perpendicular to the ground. A base or pole
cover provided to satisfy this requirement shall be integrally designed as
part of the sign by use of such things as color, material and texture.
Freestanding signs that existed prior to December 30, 2011, and that do
not comply with this regulation shall be removed or brought into
compliance by December 31, 2019, provided that such signs otherwise
comply with subparagraph (A)(3)(b) of this Section.
(H) Projecting Signs.
(1) Signs projecting over private property shall not project more than six (6)
feet from the face of the building or beyond the minimum required
building setback for the zone district in which located. Such signs shall not
exceed fifteen (15) square feet per face.
(2) No sign may project over a public right-of-way in any zone district, except
that signs eight (8) feet or more above grade may project up to forty-eight
(48) inches from the face of the building if the total area for such signs is
the lesser of one (1) square foot of sign for each linear foot of building or
twelve (12) square feet per face.
(3) No projecting sign shall exceed 7 feet in height.
(I) Flush Wall Signs and Individual Letter Signs. No flush wall or individual letter
sign shall exceed seven (7) feet in height. Flush wall and individual letter signs
may not project more than twelve (12) inches horizontally from the face of the
building on which they are erected. Flush wall and individual letter signs that are
mounted on mansards or similar architectural features may not project more than
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twelve (12) inches horizontally, measured at the bottom of the sign, from the
surface to which they are mounted. If the individual sections of an individual
letter sign are connected by a common structure, commonly known as a
"raceway," which provides for the electrical and/or mechanical operation of said
sign, the "raceway" must be painted to match the color of the wall to which the
sign is mounted and must be limited to a height of no more than one-half (½) of
the height of the tallest letter.
. . .
(K) Awning Signs.
(1) No awning sign shall project above the top of the awning on which it is
mounted. No awning sign shall project from the face of an awning.
Awnings on which awning signs are mounted may extend over a public
right-of-way no more than seven (7) feet from the face of a supporting
building. Awnings on which awning signs are mounted shall be at least
eight (8) feet above any public right-of-way, except that any valance
attached to an awning may be no less than seven (7) feet above a public
right-of-way.
(2) Awning signs shall not be back-lit, except for individualthat letters and
business logosgraphics may be back-lit if the background is completely
opaque. The amount of signage on an awning shall be limited to the lesser
of thirty-five (35) square feet per individual tenant space or twenty-five
(25) percent of the total area of the awning. Awning signs shall not be
allowed above the first story of a building.
(L) Election Signs. Repealed as of [date of second reading of ordinance]
(1) Election signs authorized by subparagraph 3.8.7(C)(1)(g) or paragraph
3.8.7(D)(2) shall be allowed on a lot at any time prior to the election day
to which the sign relates and shall be removed within five (5) days after
the election day.
(2) To the extent that an election message constitutes all or any portion of an
ideological sign, the durational limitation contained in this Section shall
not apply.
(M) Electrical Signs and Electronic Message Center Signs.
(1) Flashing, moving, blinking, chasing or other animation effects shall be
prohibited on all signs.
(2) Illuminated signs shall avoid the concentration of illumination. The
intensity of the light source shall not produce glare, the effect of which
constitutes a traffic hazard or is otherwise detrimental to the public health,
safety or welfare.
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(3) Every electric sign shall have affixed thereon an approved Underwriters'
Laboratories label, and all wiring connected to such sign shall comply
with all provisions of the National Electrical Code, as adopted by the City.
(4) Signs that contain an electronic message center shall be subject to the
following limitations.
(a) The electronic message center must be programmed so that the
displayed message does not change more frequently than once per
minute and so that the message change from one (1) static display
to another occurs instantaneously without the use of scrolling,
flashing, fading or other similar effects. The message or image
displayed must be complete in itself without continuation in
content to the next message. Messages published by federal, state,
or local government to communicate information to the public
regarding an immediate threat to public health safety may be
displayed notwithstanding the limitations set forth in this
subsection (4)(a). Electronic message centers that display ONLY
time and temperature do not need to comply with the above-
described time limitations, but shall not change more frequently
than once per three (3) seconds.
(b) The electronic message center must be provided with automatic
dimming software or solar sensors to control brightness for
nighttime viewing and variations in ambient light. Lighting from
the message center shall not exceed three-tenths (0.3) foot-candles
over the ambient light as measured using a foot-candle meter at the
following distances from the face of the message center: thirty-two
(32) feet for a sign face greater than zero (0) square feet and not
more than ten (10) square feet per side; thirty-nine (39) feet for a
sign face greater than ten (10) square feet and not more than fifteen
(15) square feet per side; forty-five (45) feet for a sign face greater
than fifteen (15) square feet and not more than twenty (20) square
feet per side; fifty (50) feet for a sign face greater than twenty (20)
square feet and not more than twenty-five (25) square feet per side;
fifty-five (55) feet for a sign face greater than twenty-five (25)
square feet and not more than thirty (30) square feet per side; fifty-
nine (59) feet for a sign face greater than thirty (30) square feet and
not more than thirty-five (35) square feet per side; sixty-three (63)
feet for a sign face greater than thirty-five (35) square feet and not
more than forty (40) square feet per side; and sixty-three (63) feet
for a sign face greater than forty (40) square feet and not more than
forty-five (45) square feet per side. Lighting measurements shall be
taken with the meter aimed directly at the message center face,
with the message center turned off, and again with the message
center turned on to a full white image for a message center capable
of displaying a white color, or a full amber or red image for a
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message center capable of displaying only an amber or red color.
The difference between the off and the white, amber or red
message measurements shall not exceed three-tenths (0.3) foot-
candles. All such signs shall contain a default mechanism that will
cause the message center to revert immediately to a black screen if
the sign malfunctions.
Prior to the issuance of a permit for a sign containing an electronic
message center, the permit applicant shall provide written
certification from the sign manufacturer that the light intensity has
been factory pre-set not to exceed the levels specified above. Prior
to acceptance of the installation by the City, the permit holder shall
schedule and inspection with the City Zoning Department to verify
compliance. The permit holder and the business owner, business
manager or property manager shall be in attendance during the
inspection.
(c) A displayed message must be presented in a single color, value and
hue and the background must also be a single color, value and hue.
(d) The maximum allowed size of an electronic message center shall
be fifty percent (50%) of the total area of the sign face.
(e) Electronic message centers shall be integrated harmoniously into
the design of the larger sign face and structure, shall not be the
predominant element of the sign, shall not be allowed on a
freestanding pole sign, and if located at the top of the sign, must
include a substantial cap feature above the electronic message
center which consists of the same material, form, color or texture
as is found on the sign face or structure.
(f) With respect to sign permits issued after December 30, 2011, the
pixel spacing of an electronic message center shall not exceed
sixteen (16) mm, except that the maximum pixel spacing for a
message center that is manufactured as a monochrome-only sign
shall not exceed twenty (20) mm.
(g) In the Downtown (D) District, wall signs with electronic message
centers are not permitted on properties located within the
boundaries of the Portable Sign Placement Area Map.
(h) With respect to sign permits issued after December 30, 2011, no
more than one (1) electronic message center sign shall be allowed
to face each street abutting or within any property and/or site
specific development plan. The minimum horizontal distance
between electronic message center signs located on the same side
of a street shall be one hundred (100) feet measured in a straight
line.
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(i) An electronic message center located inside a building but visible
from a public sidewalk or public street is subject to all of the
regulations contained in this subsection.
(j) Signs that contain an electronic message center which do not
comply with the provisions of this Section shall be removed or
made to conform by the dates specified in subparagraphs 1., 2. and
3. below and provided that such signs otherwise comply with
subparagraph 3.8.7.1(A)(3)(b).
1. Electronic message centers that contain dimming software
or solar sensors capable of meeting the brightness levels
described in subparagraph 3.8.7.1(M)(4)(b) shall be
required to comply with such levels by January 31, 2012,
and all electronic message centers located inside a building
but not visible from a public sidewalk or public street shall
be required to comply with paragraph 3.8.7.1(M)(1) and
subparagraphs 3.8.7.1(M)(4)(a) and (c) by January 31,
2012.
2. Except as otherwise required in subparagraph (j)1. above,
all signs that do not comply with the requirements of
subparagraphs 3.8.7.1(M)(4)(a), (b) and/or (c) shall be
made to comply with those requirements by December 31,
2015.
3. Structural changes or sign removal that may be required in
order to comply with the requirements of subparagraphs
3.8.7.1(M)(4)(d), (e) and/or (g) shall be completed by
December 31, 2019.
(N) Banners and Pennants. Repealed as of [date of second reading of ordinance]
(1) Banners and pennants are allowed in any zone district, provided a permit
is obtained from the Director. Permittees shall be entitled to use banners or
pennants for not more than twenty (20) days per calendar year except as
provided in paragraph (2) below and except that an additional twenty (20)
days per calendar year shall be allowed for nonprofit organizations, and
for new businesses during the first year of operation. The Director shall
issue a permit for the use of banners and pennants only in locations where
such banners and pennants will not cause unreasonable annoyance or
inconvenience to adjoining property owners or other persons in the area
and on such conditions as deemed necessary to protect adjoining premises
and the public. The maximum size allowed for any one (1) banner is forty
(40) square feet. No more than one (1) banner may be displayed at any one
(1) time on each street that fronts the parcel of land on which the
establishment requesting the permit is located; provided, however, that
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multiple banners may be displayed on a single street if the aggregate
square footage of such banners does not exceed forty (40) square feet. All
banners and pennants shall be removed on or before the expiration date of
the permit. If any person, business or organization erects any banners or
pennants without receiving a permit, as herein provided, the person,
business or organization shall be ineligible to receive a permit for a banner
or pennant for the remainder of the calendar year.
(2) Notwithstanding the size and time limitations contained in paragraph (1)
above, noncommercial banners or pennants may be larger in size and
displayed for such additional periods of time as may be established by the
City Manager during community events that, in the judgment of the City
Manager, advance a goal or policy of the City Council and contribute to
the health, safety or welfare of the City.
(O) Structural Requirements; Exceptions.
(1) All signs shall be maintained in good structural condition at all times. All
signs, including sign structures and sign faces, shall be kept neatly painted,
including all metal parts and supports that are not galvanized or of rust-
resistant metals, and in a general state of good repair. For the purposes of
this Section, good repair shall mean that there are no loose, broken or
severely weathered portions of the sign structure or sign face. The Director
may inspect any sign governed by this Division and shall have authority to
order the painting, repair, alteration or removal of a sign which constitutes
a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation or obsolescence.
(2) SignsPermanent signs shall be engineered to withstand a wind load of
thirty (30) pounds per square foot, excepting, however, election signs and
for sale and for rent signs.
(P) Off-Premise Signs. No off-premise sign (except an ideological or election sign)
shall be constructed in any zone district after February 25, 1994. No illumination
shall be added to any off-premise sign already in existence.
(Q) Vehicle-Mounted Signs.
. . .
(5) Banners displayed on vehicles shall be subject to the regulations contained
in subsSection 3.8.7.2(N).
. . .
(R) Discontinued Establishments; Removal of Abandoned Sign(s). Whenever a
business, industry, service or other use is discontinued, the Abandoned sign(s)
pertaining to the use shall be removed or obscured by the person or entity owning
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or having possession of the property within ninety (90) days after the
discontinuance of such use.
. . .
Section 3. That Article 3 of the Land Use Code is hereby amended by the addition of
a new Section 3.8.7.2 which reads in its entirety as follows:
3.8.7.2 – Temporary Signs
(A) Applicability. The regulations contained in this Section 3.8.7.2 apply to
temporary signs while permanent signs are regulated under Land Use Code
Section 3.8.7.1 unless specifically provided herein.
(B) Measurements.
(1) Sign Area.
(a) Generally. In general, sign area is the area within a continuous
polygon with up to eight straight sides that completely encloses the
limits of text and graphics of a sign, together with any frame or
other material or color forming an integral part of the display or
used to differentiate the sign’s contents from the background
against which they are placed.
(b) Exclusions. The sign area does not include the structure upon
which the sign is placed (unless the structure is an integral part of
the display or used to differentiate it), but does include any open
space contained within the outer limits of the display face, or
between any component, panel, strip, or figure of any kind
composing the display face, whether this open space is enclosed by
a frame or border or not.
(c) Multiple Sign Faces. Freestanding temporary signs may have
multiple faces. The area of such signs is measured using the
vertical cross-section that represents the sign’s maximum
projection upon a vertical plane (e.g., for a sign with two opposite
faces on the same plane, only one of the sign faces is measured).
(2) Sign Height. Sign height is measured for detached temporary signs as the
distance between ground level at the base of the sign and the top of the
sign or sign structure, whichever is higher.
(3) Property Frontage. Property frontage is measured as the length of each
property boundary that abuts a public street right-of-way.
(C) Prohibited Signs and Sign Elements.
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(1) Generally. The prohibitions in this Section apply to temporary signs in all
zone districts of the City.
(2) Prohibited Sign Structures. The following sign structures are not allowed:
(a) portable signs, except as permitted in the Code of the City of Fort
Collins Chapter 24, Article IV;
(b) wind-driven signs except feather flags, banners, and pennants in
compliance with this Section 3.8.7.2;
(c) inflatable signs;
(d) abandoned signs;
(3) Prohibited Design Elements. The following elements shall not be
incorporated as an element of any sign or sign structure:
(a) animated or moving parts, including any moving, swinging,
rotating, or spinning parts or flashing, blinking, scintillating,
fluctuating, or otherwise animated light; except as expressly
allowed in this Section 3.8.7.2;
(b) cardboard, card stock, or paper, except when laminated or used as
a window sign located on the interior side of the window;
(c) motor vehicles, unless:
1. the vehicles are operational, and either:
a. automobile dealer inventory; or
b. regularly used as motor vehicles, with current
registration and tags;
2. the display of signage on the motor vehicle would not
interfere with the immediate operation of the motor vehicle
(e.g., signs that are held in place by an open hood or trunk
are not allowed; signs that cover windows are not allowed;
and signs that would fall off of the vehicle if the vehicle
were in motion are not allowed); and
3. the motor vehicle is legally parked in a vehicle use area
depicted on an approved site plan.
(d) semi trailers, shipping containers, or portable storage units, unless:
1. the trailers, containers, or portable storage units are:
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a. structurally sound and capable of being transported;
b. used for their primary purpose (e.g., storage, pick-
up, or delivery); and
c. if subject to registration, have current registration
and tags; and
2. the display of signage is incidental to the primary purpose;
and
3. the semi-trailer, shipping container, or portable storage unit
is parked or placed in a designated loading area or on a
construction site in an area that is designated on an
approved construction staging plan.
(e) stacked products (e.g., tires, soft drink cases, bagged soil or mulch)
that are placed in unapproved outdoor storage locations;
(f) materials with a high degree of specular reflectivity, such as
polished metal, installed in a manner that creates substantial glare
from headlights, street lights, or sunlight. This prohibition does
not include retroreflective materials that comply with the standards
set forth in the Manual on Uniform Traffic Control Devices;
(g) rooftop signs and all other signs which project above the fascia
wall.
(4) Prohibited Obstructions. In no event shall a temporary sign obstruct the
use of:
(a) building ingress or egress, including doors, egress windows, and
fire escapes;
(b) operable windows (with regard to movement only, not
transparency);
(c) equipment, structures, or architectural elements that are related to
public safety, building operations, or utility service (e.g.,
standpipes, downspouts, fire hydrants, electrical outlets, lighting,
vents, valves, and meters).
(5) Prohibited Mounts. No temporary sign shall be posted, installed, mounted
on, fastened, or affixed to any of the following:
(a) any tree or shrub;
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(b) any utility pole or light pole, unless:
1. the sign is a banner or flag that is not more than 10 square
feet in area;
2. the owner of the utility pole or light pole consents to its use
for the display of the banner or flag;
3. the banner or flag is mounted on brackets or a pole that
extend not more than 30 inches from the utility pole or light
pole;
4. the banner or flag is either situated above an area that is not
used by pedestrians or vehicles, or the bottom of the banner
or flag is at least eight feet above grade; and
5. any applicable City encroachment and banner permits are
obtained.
(c) utility cabinets or pedestals (except signs that are applied by or
with the consent of the owner of the utility cabinet or pedestal).
(6) Prohibited Locations. In addition to applicable setback requirements and
other restrictions of this Section 3.8.7.2, no sign shall be located in any of
the following locations:
(a) in or over public rights-of-way (which, in addition to streets, may
include other sidewalks, parkways, trails, multi-use pathways, retaining
walls, utility poles, traffic calming devices, medians, and center islands
that are within public rights-of-way), except:
1. signs painted on or affixed to transit shelters and bus
benches as authorized by the provider of the shelter or
bench, but not extending beyond the physical structure of
the shelter or bench;
2. signs that are the subject of a revocable license agreement
with the City, installed and maintained in accordance with
the terms of that agreement;
3. portable signs permitted pursuant to the Code of the City of
Fort Collins, Chapter 24, Article IV; or
4. signs posted by the City or jurisdiction that owns or
maintains the right-of-way.
(b) within any sight distance triangle that is described in Section
3.8.7.1.
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(D) Temporary Sign Districts.
(1) Generally. In recognition that the City is a place of diverse physical
character, and that different areas of the City have different functional
characteristics, signs shall be regulated based on sign district in which they
are located.
(2) Temporary Sign Districts Created. The following sign districts are
created: Downtown, Commercial/Industrial, Multifamily, and Single-
Family. Sign districts shall correspond to zoning districts as provided in
Table D, Temporary Sign Districts.
Table D
TEMPORARY SIGN DISTRICTS
Sign District Corresponding Zoning Districts
Downtown D; R-D-R
Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I
Multifamily/Mixed-
Use
L-M-N; M-M-N; N-C-M; N-C-B; H-M-N; N-C
Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C
(E) Standards for Attached Temporary Signs.
(1) Generally. The standards of this Section apply to temporary signs that are
attached to buildings. Temporary signs that are not attached to buildings
are subject to the standards of Section 3.8.7.2(F). The standards of this
Section are applied in conjunction with all other applicable standards.
Duration of display is limited by Section 3.8.7.2(G).
(2) Attached Temporary Banners and Pennants. Attached temporary banners
and pennants may only be displayed provided a permit is obtained
pursuant to Section 3.8.7.2(I).
(3) Temporary Sign Covers. Temporary sign covers are permitted in all sign
districts, provided that they are used during a period not to exceed 40 days
in which a new permanent sign or sign component is being fabricated and
such sign or sign component is permitted and installed in accordance with
Section 3.8.7.1.
(4) Temporary Window Signs.
(a) Temporary window signs are allowed in all locations where
permanent window signs are allowed, provided that the
transparency standards of Section 3.8.7.1 are met as to the
combination of temporary and permanent window signs.
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(b) Temporary window signs shall be affixed to the window such that
the fastener (e.g., tape) is not highly visible, or shall be mounted
vertically inside of the building for viewing through the window.
(F) Standards for Detached Temporary Signs.
(1) Generally. The standards of this Section apply to temporary signs that are
not attached to buildings. Temporary signs that are attached to buildings
are subject to the standards of Section 3.8.7.2(E). The standards of this
Section (F) are applied in conjunction with all other applicable standards
of this Section 3.8.7.2. Duration of display is limited by Section
3.8.7.2(G).
(2) Detached Temporary Signs. Detached temporary signs are allowed
according to the standards in Table F, Detached Temporary Signs.
Detached temporary sign types that are not listed in Table F (including but
not limited to inflatable signs) are not allowed. Detached banners and
pennants may only be displayed provided a permit is obtained pursuant to
Section 3.8.7.2(I). Portable signs may only be displayed provided a
permit is obtained pursuant to the Code of the City of Fort Collins,
Chapter 24, Article IV.
Table F
DETACHED TEMPORARY SIGNS
(sf. = square feet / ft. = linear feet / N/A = not applicable)
Type of Sign
Standards
Sign District
Downtown
Commercial-
Industrial
Multifamily/Mixed
Use Single-Family
Yard Signs
Max. # Single-Family and
Duplex
Residential
Buildings: Not
Limited
Multi-Family
Residential
Buildings: 1 per
20 ft. of property
frontage or
fraction thereof
Nonresidential and
Residential Mixed
Use Buildings: 1
per 80 ft. of
property frontage
or fraction thereof
Single-Family and
Duplex
Residential
Buildings: Not
Limited
All other uses:
2 per vehicular
access point
Single-Family and
Duplex Residential
Buildings: Not
Limited
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Table F
DETACHED TEMPORARY SIGNS
(sf. = square feet / ft. = linear feet / N/A = not applicable)
Type of Sign
Standards
Sign District
Downtown
Commercial-
Industrial
Multifamily/Mixed
Use Single-Family
Max. Sign Area
(per sign)
6 sf. 8 sf. 8 sf. 6 sf.
Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft.
Allowed Lighting None None None None
Setbacks and
Spacing
2 ft. from property
lines; 2 ft. from all
other signs
2 ft. from property
lines; 2 ft. from all
other signs
2 ft. from property
lines; 2 ft. from all
other signs
2 ft. from property
lines; 2 ft. from all
other signs
Other Standards Must be installed
in permeable
landscaped area.
Must be installed
in permeable
landscaped area
that is at least 8 sf.
in area and 2 ft. in
any horizontal
dimension, not
more than 10 ft.
from vehicular
access point
Must be installed in
permeable
landscaped area that
is at least 8 sf. in
area and 2 ft. in any
horizontal
dimension
Must be installed
in permeable
landscaped area
that is at least 8 sf.
in area and 2 ft. in
any horizontal
dimension
Site Signs
Max. # Residential
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Table F
DETACHED TEMPORARY SIGNS
(sf. = square feet / ft. = linear feet / N/A = not applicable)
Type of Sign
Standards
Sign District
Downtown
Commercial-
Industrial
Multifamily/Mixed
Use Single-Family
Other Standards Where allowed,
site signs shall be
installed in
permeable
landscaped areas
or hardscaped
areas other than
vehicular use areas
and sidewalks that
are at least 5 ft. in
every horizontal
dimension and at
least 40 sf. in area
Where allowed,
site signs shall be
installed in
permeable
landscaped areas
that are at least 5
ft. in every
horizontal
dimension and at
least 40 sf. in area
Where allowed, site
signs shall be
installed in
permeable
landscaped areas
that are at least 5 ft.
in every horizontal
dimension and at
least 40 sf. in area
Where allowed,
site signs shall be
installed in
permeable
landscaped areas
that are at least 5
ft. in every
horizontal
dimension and at
least 40 sf. in area
Swing Signs
Max. # Not allowed Not allowed 1 per property
frontage
1 per property
frontage
Max. Sign Area N/A N/A 5 sf., including
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Table F
DETACHED TEMPORARY SIGNS
(sf. = square feet / ft. = linear feet / N/A = not applicable)
Type of Sign
Standards
Sign District
Downtown
Commercial-
Industrial
Multifamily/Mixed
Use Single-Family
Other Standards Not allowed if
freestanding
banner is present
Must be installed
in a permeable
landscaped area
with a radius that
extends not less
than 3 ft. from the
flag pole
Not allowed if
freestanding
banner is present
Must be installed
in a permeable
landscaped area
with a radius that
extends not less
than 3 ft. from the
flag pole
Must be installed in
a permeable
landscaped area with
a radius that extends
not less than 3 ft.
from the flag pole
N/A
(G) Duration of Display of Temporary Signs.
(1) Generally. The purpose of temporary signs is to display messages for a
temporary duration. Temporary signs shall not be used as a subterfuge to
circumvent the regulations that apply to permanent signs or to add
permanent signage to a property in addition to that which is allowed by
Section 3.8.7.1.
(2) Classification of Temporary Sign Materials. Temporary signs are
constructed from a variety of materials with varying degrees of durability.
Common materials are classified in Table G1, Classification of Temporary
Sign Materials.
Table G1
Classification of Temporary Sign Materials
Material
Material Class
1 2 3 4 5
Paper, card stock, foam core board, or cardboard
Laminated paper or cardstock, polyethylene bags
Cloth, canvas, nylon, polyester, burlap, flexible vinyl, or other
flexible material of comparable durability
Inflexible vinyl, hard plastic, composite, or corrugated plastic
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1. it becomes an abandoned sign; or
2. it falls into disrepair (see Section 3.8.7.2(H)); or
3. the number of days set out in Table G2, Duration of
Temporary Sign Display by Material Class, expires.
Table G2
Duration of Temporary Sign Display by Material Class
Sign Type
Max. Duration for Individual Sign by Material Class Max.
Posting
Days /
Year
1 2 3 4 5
Yard Sign
Not
Allowed
45 days
Not
Allowed
60 days 180 days
180 days
Site Sign
Not
Allowed
Not
Allowed
Not
Allowed
60 days 180 days
180 days
1
Swing Sign
Not
Allowed
Not
Allowed
Not
Allowed
60 days 180 days
180 days
1
Window
Sign
30 days per
sign
30 days per
sign
30 days per
sign
30 days
per sign
30 days per
sign
30 days
per sign
TABLE NOTES:
1
alternatively, the sign type may be displayed for 360 days every two calendar years
(b) Temporary signs that are required due to governmental regulation
(e.g., public notices) shall be removed as required by the
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(2) Mineral Deposits and Stains. Mineral deposits and stains shall be
promptly removed.
(3) Damage. Temporary signs that are obviously damaged shall be removed
within 24 hours.
(4) Upright, Level Position. Signs that are designed to be upright and level
shall be installed and maintained in an upright and level position. Feather
flag poles shall be installed in a vertical position. Signs that are not
upright and level shall be removed or restored to an upright, level position.
(I) Banners and Pennants.
(1) Attached unframed banners, detached banners, and attached and detached
pennants are allowed in any zone district pursuant to the restrictions in
below Table I provided a permit is obtained from the Director. The
Director shall issue a permit for the display of banners and pennants only
in locations where such banners and pennants will not cause unreasonable
annoyance or inconvenience to adjoining property owners or other persons
in the area and on such additional conditions as deemed necessary to
protect adjoining premises and the public. All banners and pennants shall
be removed on or before the expiration date of the permit. If any person,
business or organization erects any banners or pennants without receiving
a permit, as herein provided, the person, business or organization shall be
ineligible to receive a permit for a banner or pennant for the remainder of
the calendar year.
(2) Each business or non-profit entity or other organization, and each
individual not affiliated with an entity or organization, shall be eligible to
display banners and pennants pursuant to a valid permit for a maximum of
40 days per calendar year.
(3) The Director shall review a banner or pennant permit application within
two business days to determine completeness. If it is complete, the
Director shall approve or deny the application within three business days
after such determination. If it is incomplete, the Director shall cause the
application to be returned to the applicant within one business day of the
determination, along with written reasons for the determination of
incompleteness.
(4) Notwithstanding the size and time limitations contained in Table I,
noncommercial banners or pennants may be larger in size and displayed
for such additional periods of time as may be established by the City
Manager during community events that, in the judgment of the City
Manager, advance a goal or policy of the City Council and contribute to
the health, safety or welfare of the City.
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Table I
ATTACHED UNFRAMED BANNERS AND PENNANTS
(sf. = square feet / ft. = linear feet / N/A = not applicable)
Standard
Sign District
Downtown
Commercial-
Industrial
Multifamily/Mixed
Use Single-Family
Max. # on each
building
elevation
1 1 per 300 ft. of
building
elevation or
fraction thereof,
but not more
than 3 banners
per building
1 Residential
Buildings: Not
Allowed
Nonresidential
Buildings: 1
Max. Sign Area 40 sf. 40 sf. 40 sf. Residential
Buildings: N/A
Nonresidential
Buildings: 40 sf.
Allowed
Lighting
None External None None
Max. Sign
Height
7 ft. 7 ft. 4 ft. 4 ft.
Other Standards None
If more than one
banner is
allowed on a
building
elevation,
banners may be
clustered
None None
DETACHED BANNERS AND PENNANTS
Max. # Either framed or
unframed: 1 per
property
frontage; or 1 per
100 ft. of
property frontage
if secured to
temporary
construction
fencing related to
permitted
construction
(may be
clustered)
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Max. Sign Area
(per banner)
40 sf. 40 sf. 40 sf. 40 sf.
Allowed
Lighting
None None None None
Max. Sign
Height (applies
to freestanding
banner frames)
6 ft. 6 ft. 6 ft. 6 ft.
(5) For banners and pennants in all sign districts, the following shall apply:
(a) mounting hardware shall be concealed from view;
(b) banners shall be stretched tightly to avoid movement in windy
conditions;
(c) all banners that are installed in banner frames shall be sized to fit
the banner frame so that there are no visible gaps between the
edges of the banner and the banner frame;
(d) banners are not allowed if any of the following are present on the
property: feather flag, yard sign, site sign, or swing sign;
(e) any common line of pennants must be stretched tightly to avoid
movement in windy conditions.
Section 4. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition, amendment or deletion of the following definitions only:
Banner shall mean a type of temporary or permanent sign that is painted or printed on
cloth, vinyl, or other flexible material, that is designed to be stretched between poles,
fence posts or wire, mounted in a free-standing frame, or hung on walls with ties, clips,
rails, brackets, hooks, or banner frames. The definition of “banner” does not include
“flag” or “feather flag.”
Banner, framed shall mean (depending upon the context): (i) a type of temporary sign if
displayed for 40 days or less and a flush wall sign when displayed for more than 40 days
composed of a frame that is secured to a building wall and used to stretch banners such
that they are tightly stretched and their mounting hardware is hidden from view; or (ii) a
structure that is anchored to the ground, that provides a frame for stretching banners such
that they are tightly stretched and their mounting hardware is hidden from view. Frames
upon which banners are mounted must be designed to visually blend into the surface
upon which they are mounted.
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Building elevation, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the
external face of a building, projected onto a two-dimensional plane. For purposes of
calculating the allowed number of signs or sign area, the building elevation is the two-
dimensional representation of the side of the building upon which the sign is proposed.
Electronic message center, or EMC, shall mean the portion of an on-premise ground or
wall sign that is capable of displaying words or images that can be electronically
changed by remote or automatic means.
Flag shall mean a flexible piece of fabric that is attached along one edge to a straight,
rigid flagpole directly or with rope and which is designed to move when the wind blows.
Flags are typically, but not necessarily, rectangular in shape, and often include printed or
embroidered insignia that symbolizes a nation, state, or organization, or that display a
graphic or message. Flags are considered to be a type of sign.
Feather Flag, feather shall mean a flexible piece of fabric that is attached to a flexible
pole along a long edge such that the pole stretches the fabric taut regardless of wind
conditions. Feather flags are also commonly referred to as “teardrop banners,” “teardrop
flags,” and “flutter flags.” Feather flags are considered to be a type of sign.
Illustrative Feather Flags
Logo shall mean a graphic symbol or emblem which conveys a recognizable meaning,
which symbol or emblem may include script (words) provided that such script is
contained entirely within the boundaries of the symbol or emblem; and script alone, or
outside of the boundaries of the symbol or emblem, whether registered as a trademark or
not, is not included within the meaning of the term logo.
Pennant shall mean a narrowing or tapering flag or similar shape that is two (2) square
feet in size or less, that is repeated along a common line and is not attached to a flag
pole.
Principal building entrance, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean
a street-level primary point of public pedestrian access into a building. The phrase
“principal building entrance” does not include doors used principally as emergency exits,
or doors that provide restricted access (e.g., for employees or deliveries).
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Property, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the real property,
or group of real properties that were planned or developed with shared pedestrian or
vehicle access, upon which a sign or signs are displayed.
Property frontage, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the
length of a front, side, or rear property line that abuts a public street right-of-way.
Rider shall mean a subordinate sign panel that is attached to a swing sign, either above
the horizontal member or below the principal sign face. To illustrate, but without
limiting the range of messages that a rider may convey, if the swing sign is used to
advertise a property as “for sale,” a rider is often used to convey a related message such
as “contract pending.”
Sign shall mean any writing (including letter, word or number), pictorial representation
(including illustration or declaration), product, form (including shapes resembling any
human, animal or product form), emblem (including any device, symbol, trademark,
object or design which conveys a recognizable meaning, identity or distinction) or any
other figure of similar character whichthat is a structure or any part thereof or is written,
painted, projected upon, printed, designed into, constructed or otherwise placed on or
near a building, board, plate or upon any material object or device whatsoever, whichthat
by reason of its form, location, manner of display, color, working, stereotyped design or
otherwise attracts or is designed to attract attention to the subject or to the premises upon
which it is situated, or is used as a means of identification, advertisement or
announcement. The term sign shall not include the following:
(1) flags, pennants or insignia of nations or an organization of nations, states
or cities except when such flags are used in connection with a commercial
promotion or as an advertising device;
(2) window displays incorporating placards, pennants, of merchandise,
pictures or models ofproducts or services;
(32) works of art whichthat in no way identify the name of a business and
which in the judgment of a reasonably prudent person are not displayed in
conjunction with a commercial enterprise for the purpose, or with the effect, of
advertising a product or service offered by a business located on the property
where such work of art is displayed;
(4) one (1) nameplate per public entrance per business of not more than two
(2) square feet per face which is suspended under a canopy;
(5) temporary decorations or displays clearly incidental and customary and
commonly associated with national, local or religious holiday
celebrations;
(63) signs not visible beyond the boundaries of the lot or parcel upon which
they are located or from any public thoroughfare or right-of-way;
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(74) traffic and other official signs of any public or governmental agency;
(8) on-site traffic directional signs which do not exceed four (4) square feet
per face or ten (10) feet in height, which are not displayed as an A-frame
portable sign, and which do not carry a commercial message other than
identification. The minimum horizontal distance between such signs shall
be fifteen (15) feet, except for signs designating the purpose for which
parking stalls may be used, such as for handicap parking, compact cars,
etc.;
(9) temporary interior paper window signs;
(10) signs over gas pumps which indicate gas prices only, provided that such
signs shall be limited to one (1) per pump island and shall be no larger
than four (4) square feet per face.
(11) one (1) flush-wall nameplate per business, not to exceed two (2) square
feet in area, to be located at or near the rear entrance of such business;
(125) products, merchandise or other materials which are offered for sale or used
in conducting a business, when such products, merchandise or materials
are kept or stored in a location which is designed and commonly used for
the storage of such products, merchandise or materials; and
(136) a sign whichthat has been found by the Landmark Preservation
Commission to have been an integral part of a building designated as a
historic landmark, and is a contributing feature of the historic character of
such building.
Sign, abandoned shall mean a sign that does not contain a message, or contains a
commercial or event-based message that is obviously obsolete (e.g., the name of a
business that is no longer operational, or an advertisement for an event that has already
occurred), for a continuous period of sixty (60) days or more.
Sign, attached shall mean a flush wall sign, a window sign, or a projecting sign.
Sign, detached shall mean a sign that is not attached to or located inside of a building.
Sign, election shall mean a sign relating to a candidate, issue, proposition, ordinance or
other matter to be voted upon by the electors of the city.
Sign face shall mean the surface area of a sign that is designed for placement of text,
symbols, or images. The sign face does not include the supporting structure, if any, unless
the supporting structure is used for the display of text, symbols, or images. For wall
signs, the sign face is equal to the sign area of the wall sign, or the area within any frame
or color used to define, differentiate, or mount the wall sign, whichever is larger.
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Sign face shall mean the surface of the sign upon, against or through which the message
is displayed or illustrated.
Sign, for sale or rent shall mean a sign indicating the availability for sale, rent or lease of
the specific lot, building or portion of a building upon which the sign is erected or
displayed.
Sign, flush wall shall mean any sign attached to, painted on or erected against the wall of
a building in such a manner that the sign face is parallel to the plane of the wall and is
wholly supported by the wall. Framed Bbanners attached directly to the building fascia,
canvas or other similar flexible material may be used for this are considered to be a type
of flush wall sign only if the material is securely attached to a rigid structure in a manner
which prevents the material from moving, sagging or wrinkling; and the rigid structure is
attached directly to the building fascia. Any sign made of banner, canvas or other similar
flexible material that is not attached to a rigid structure in this manner is Unframed
banners attached directly to the building fascia are not a considered to be flush wall signs
and shall be subject to the banner regulations contained in Section 3.8.7.2(N) of this Land
Use Code.
Sign, ideological shall mean a sign conveying a philosophical, religious, political,
charitable or other similar noncommercial message.
Sign, individual letter shall mean a type of flush wall sign consisting of individual letters,
incised letters, script or symbols with no background material other than the wall of the
building to which the letters, script or symbols are affixed. If the individual sections of an
individual letter sign are connected by a common structure, commonly known as a
"raceway," which provides for the electrical and/or mechanical operation of said sign, the
"raceway" must be painted to match the color of the wall to which the sign is mounted
and must be limited to a height of no more than one-half (½) of the height of the tallest
letter.
Sign, inflatable shall mean a sign that is constructed from an envelope of flexible material
that is given shape and / or movement by inflation.
Sign, portable shall mean (depending upon the context): (1) a sign which is not
permanently affixed or attached to the ground or to any structure a temporary sign that
is designed to be easily moved from one location to another, and when placed, is neither
fastened to a permanent structure or building, nor staked or otherwise installed into the
ground. Portable signs include signs that are mounted on trailers, wheeled carriers, or
frames that are designed to be placed onto a surface without being secured to it, or (2)
any outdoor display of a product, merchandise or material which, by reason of its
location or manner of display, is intended primarily to attract attention to the product,
merchandise or material, or the premises upon which it is situated.
Sign, sidewalk shall mean a type of portable sign that is designed to be placed upon a
hard surface in order to attract the attention of pedestrians.
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Illustrative Sidewalk Sign
Sign, site shall mean a type of temporary sign that is constructed of vinyl, plastic,
wood, metal, or other comparable rigid material, that is displayed on a structure
that includes at least two posts.
Illustrative Site Sign
Sign, swing shall mean a type of temporary sign that is suspended from a horizontal
swing post that is attached to a post that is staked into the ground. Swing signs may
include riders that are mounted to the swing post or suspended under the sign panel.
Sign, temporary shall mean a sign that is designed or intended to be displayed for a short
period of time.
Sign, vehicle-mounted shall mean any sign (other than an ideological or election sign)
whichthat is painted on, affixed to or otherwise mounted on any vehicle or on any object
whichthat is placed on, in or attached to a vehicle. For the purposes of this definition, the
term vehicle shall include trucks, buses, vans, railroad cars, automobiles, tractors, trailers,
motor homes, semi-tractors or any other motorized or nonmotorized transportational
device, whether or not such vehicle is in operating condition.
Sign, wind-driven shall mean any sign consisting of one (1) or a series of two (2) or more
banners, flags, pennants, ribbons, spinners, streamers, captive balloons, inflatable signs,
or other objects or material fastened in such a manner as to move, upon being subjected
to pressure by wind or breeze.
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Sign, yard shall mean a type of temporary sign that is constructed of paper, vinyl, plastic,
wood, metal or other comparable material, which is mounted on a stake or a frame
structure (often made from wire) that includes one or more stakes.
Illustrative Yard Signs
Temporary sign cover shall mean a type of temporary sign that is constructed of flexible
material, designed to fit over a permanent sign face or mount.
Window transparency, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the
surface area of a window that is not covered or obstructed by a sign, such that the
visibility through the window in both directions is not blocked by a sign.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
SUBJECT
First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and
a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of
Colorado in Exchange for the Dedication of Land for Trail Purposes.
EXECUTIVE SUMMARY
The purpose of this item is to authorize conveyance of a utility easement and an amended access easement to
Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas
service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River.
The City has asked Public Service to realign its access easement to the regulator station and formalize its
utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost
2,000 square feet of land for trail purposes.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Parks and Real Estate Services staff has been engaged in acquiring fee title and easement interests along
East Vine Drive for the Whitewater Park during the past three years. As part of the whitewater park project, the
City asked Public Service Company of Colorado (PSCo), an Xcel Energy company, to realign an existing
access easement, formalize two utility easements that cross Gustav Swanson Natural Area and dedicate land
for trail purposes.
PSCo owns an inholding, a regulator station, in the midst of the area slated for the Whitewater Park. (Note: this
portion of the planned park is currently part of Gustav Swanson Natural Area.) PSCo holds an existing 15 foot-
wide access easement across a gravel road from East Vine Drive to its regulator station (Book 825 Page 530,
warranty deed recorded November 25, 1946). PSCo also owns an aboveground electric line and underground
gas line that service the regulator station and run parallel to the access road.
As designs for the Whitewater Park came together, Parks staff recognized a need to acquire a strip of the
regulator station for the extension of the Poudre River trail on the River’s north bank. Staff also wants to realign
the current access road to accommodate proposed emergency and public access from Vine Drive. The access
road will be rerouted around a wetland and expanded from 15 feet to 20 feet to accommodate PSCo’s use, as
well as public pedestrian and bicycle use and emergency services.
Staff discovered during the Whitewater Park platting process that no formal recorded document exists
specifically for either the electric line or gas line. However, the utility lines have been referenced in documents
dating back to the 1940s.
Discussions with PSCo have proven successful. PSCo is willing to dedicate the 1,929 square feet (0.044 acre)
of land for the trail and is willing to relocate its access. In order to establish easements of record for the utility
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Agenda Item 14
Item # 14 Page 2
lines, staff has proposed (and PSCo has been amenable to) conveyance of an easement that will document
the utilities’ precise locations and uses. PSCo has been supportive of the Whitewater Park project and staff
believes it is in the City’s best interests to proceed with the easements.
CITY FINANCIAL IMPACTS
Given PSCo’s willingness to convey the 1,929 square feet of land for the Whitewater Park and the existence of
the access and utility lines for many decades, the access easement amendment and utility easement
formalization will be granted to PSCo at no cost.
BOARD / COMMISSION RECOMMENDATION
At its June 14, 2017 meeting, the Land Conservation and Stewardship Board voted to recommend City Council
authorize the access easement amendment and utility easements for PSCo across Gustav Swanson Natural
Area.
ATTACHMENTS
1. Project Location Map (PDF)
2. Easement Location Map (PDF)
3. Land Conservation & Stewardship Board minutes (excerpt), June 14, 2017 (draft) (PDF)
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³I
³I
ÕZYXW
ÕZYXW
E Vine Dr
N College Ave
E Vine Dr
N College Ave
±
Project Location Map
Natural Areas Property
Public Service Company regulator station
City properties—whitewater park
Attachment 1
Gustav Swanson Natural Area
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Attachment: Project Location Map (5692 : Gustav Swanson Easements)
Attachment 2
Whitewater park area PSCo property to be dedicated
PSCo property Existing access/utility easement location
Proposed re-alignment of access easement
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Attachment: Easement Location Map (5692 : Gustav Swanson Easements)
Land Conservation 7 Stewardship Board Meeting
June 14, 2017 - Meeting
Minutes Excerpt
Easement Amendment and Easement Formalization for Public Service
Tawnya Ernst, Real Estate Specialist requested the Board recommend that City Council
approve an access easement re-alignment and formalization of two utility easements held by
Public Service Company for the Poudre River Downtown Whitewater Park project on Gustav
Swanson Natural Area.
Discussion
Tawnya – I’ve been working with the Parks Department over the last two years to help them
acquire some of the properties along Vine for the white water park and I’ve also been tasked
with helping obtain some easements. Public Service Company of Colorado (PSCo) is willing to
dedicate a strip of land that’s part of their regulator station so Parks can construct a trail along
the north bank. While talking to PSCo about this dedication, we realized a couple of other things
we needed to collaborate on. It was discovered during the white water park platting process that
no formal recorded document exists specifically for the electric line and gas line to the regulator
station. However, the utility lines have been referenced in documents dating back to the 1940s.
Through our title searches we haven’t been able to find any recorded easements so we would like
to formalize an electric and gas line easement. Also Parks wants to realign the existing access
road easement. The access road will also be used for emergency services and public pedestrian
and bicycle use.
Ed –So in summary you want to realign an existing easement and add a new one.
Tawyna – Yes, essentially they’re kind of new, they were there but un-documented.
Joe – So is there going to be a pedestrian and bike trail coming down from Vine? Is that for
people to come down to the river and use it as a kayak park? Where will people park their cars?
Tawnya – Yes, that’s correct. They actually intend to put a parking area on what is now owned
by the Inverness Innovation Park Association. It will be dedicated to the City in a couple of
months. The main access to the river will actually be from the south bank, but the trail they are
planning to extend, from Gustav Swanson, east of the railroad, will cross Poudre Pet and Feed’s
property and connect to College.
Ed – Will that be another branch of the trail or relocation of the trail?
Tawnya – It will be another branch of the trail.
Joe – And it will start at College and end where?
Tawnya- There’s a little stub of a trail that ends at Gustav Swanson. There will be a pedestrian
bridge positioned across the river.
Vicky – Who owns the two properties in white?
Tawnya- They are owned by a couple of welding shops. We wanted to acquire those two
properties as well but we ran out of money.
ATTACHMENT 3
Kelly – Why do they want that extra little spur of a trail?
Tawnya – To have the ability for vehicle turnarounds, like firetrucks.
Kelly – On the bike trail?
Tawnya – Oh I’m sorry, they want to have more accessibility on the north side of the river.
They will be expecting more people and need a designated path that will run along the north
bank.
Kelly – Will the additional trail be close to the river?
Tawnya – I’m not sure, I don’t have the exact location.
Kelly – Since we always try to seize the moment to underground electric lines are we going to
here?
Tawnya – Not at this point.
Kelly – Not being argumentative, environmental impacts are expected to be limited. I don’t
know if it’s temporary, limited, or what?
Tawnya – I think they expect it to be limited, in scope; they’re doing what they can to preserve
the wetlands, west of the current access road. It won’t be a tremendous amount of impact. As
far as the actual spur trail I know that they’re going to do as best as they can designing it
sensitively through the river corridor. Mark do you know if once the water park is established
we have clarity of how this part is going to be managed? Will that be taken over by Parks?
Mark – Yes, it will be taken over by Parks. We will have a memo of understanding between
NAD and the Parks Department. We will still manage everything southeast of the railroad
tracks, related to Gustav Swanson and they’ll manage the land to the northwest. Natural Areas
did not purchase a large portion of Gustav Swanson, it was city-owned property before it ever
became a natural area. The only portion that Natural Areas monies went to was one lot along
Vine. We contributed with Stormwater to purchase one of the lots. We don’t have a lot of
money invested in that portion of Gustav Swanson and we don’t have a lot of restoration funds
invested either. We took it over and have done mostly weed control; we really don’t have much
in terms of public improvements on that portion of the site.
Ed – Mark from a natural areas perspective are you comfortable with the overall plan that’s
being described here?
Mark - Yes, although John and I were pretty apprehensive, as most of our staff were, in the
beginning about having a white water park., But if there is to be one, I think Parks has picked the
very best location for one. With the bank enhancements, public improvements, and re-vegetation
it’s going to be a significant improvement to the river corridor. I think it’s going to be heavily
used by recreationists. There will be improved landscape, mostly native vegetation. Visually it
will look a lot nicer and feel like a more natural river. We’re excited about it, that’s why a
million dollars of NAD money is going into it.
Joe – Was the Downtown Master Plan pulled from City Council as discussion item?
Daylan – Yes, the whole project was pulled. They’re not ready for prime time yet.
Kelly – Can you show me the old access road and new access road?
Tawnya – Sure
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Attachment: Land Conservation & Stewardship Board minutes (excerpt), June 14, 2017 (draft) (5692 : Gustav Swanson Easements)
Kelly – So there’s going to be a new location for the access road, but how is it different?
Tawnya – Right now it’s a 15 ft. easement; it’s now going to be a 20 ft.
Kelly – That’s significantly different.
Mike – The area where they have been backing up trucks is already disturbed.
Joe – Is that expansion more for the bicycle trail plus the road? Is it dual purpose?
Tawnya – Yes, it will have the bike and pedestrian trail in the same location as well as the
emergency access and PSCo’s access. It will be interesting to see how that plays out.
Ed – That’s a major transportation corridor.
Kelly – Historically with Park brought all kinds of trail placement issues to the Board, is this just
not significant enough? What’s the deal there?
Tawnya – The designs aren’t completely final yet.
Kelly – But it’s always good to get in when they’re not final. We like to keep those trails as far
away from the river as possible.
Tawnya – I’d be glad to bring that up.
Dave – From the inception to date, I have been totally against the water park. As soon as I read
this water park plan I had a dreadful time getting my blood pressure down. Maybe I’m being a
contrarian but I’m going to vote “no” on this thing.
Ed – Do you want to tell us why?
Dave – Because I’m deeply against anything that is helping promote building anything on the
water park.
Kelly – I agree with you completely on the water park, my main objection is mainly using the
natural areas funds. Since the ship sailed
Ed – Just to be clear there’s no NAD funds involved in this easement at all, is that correct?
Tawnya – No
Kelly – I would like some clarity from Mark, because you kind of surprised me, because you and
John, to your credit, were not exactly embracing the concept early on of the water park. How do
you now, how do you think $1M, the term “habitat” and not “landscaping” versus while,
knowing the history of the ballot measures, citizen initiated ballot measures, how does $1M seem
appropriate.
Mark – I just think the word “landscaping” is probably more closely in line as opposed to
habitat or wildlife creation or true river bank restoration. That site, aesthetically, is not very
pleasing and the river banks are concrete walls right now, so I think it’s going to very much
enhance the natural performance of the river and allow the river to overflow its banks and it’s
going to allow the riparian area to be expanded. I don’t think we’re going to have great habitat
there like we’ve created at McMurry or Homestead, primarily because of the level of use there.
Do I think we’re going to get our million dollar’s worth? Yes I think it’s going to be an
incredible enhancement to the river.
Joe – Just to jump in, aquatic habitat-wise, they are going to make a lot of improvements
compared to what it is now.
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Attachment: Land Conservation & Stewardship Board minutes (excerpt), June 14, 2017 (draft) (5692 : Gustav Swanson Easements)
Kelly - I did want to clarify that, along with other things on the Board, I guess, it used to be
effective; I’m not saying it won’t look better. The thing that I’ve tried to impress upon to other
individuals on the Board is that you have to look where the monies are coming from. A lot of
the projects the City does, I think are going to look five times better than it does now; my point is
was it appropriate to use Natural Areas funds. You can’t just focus on is it going to look better
or be better than it was before the appropriate use of dollars and different funds is what most of
the discussion in city interim is about. Is it legal, is it moral, is it ethical, is it appropriate to spend
those particular funds on that issue. I’m just saying, in this case, and I know that battle has been
fought and lost, from my perspective, but in the future, it’s not enough to just say “it will look
nicer”. That’s not really the point. Forget the project overall, I think it’s going to be, forget the
project overall, its’ just aesthetically on the north side and it’s going to look a lot nicer. That’s
not the issue for me. I was very poor at trying to get that point across.
Marcia – One last question. We talked about this being access where one could expect a
firetruck or ambulance access on the north side. Is there going to be vehicle access from the
power plant on the southside or are they looking at that as the key safety access?
Tawnya – That’s the key safety access.
Joe Piesman made a motion that the Land Conservation & Stewardship Board recommend
that City Council authorize the access easement amendment and utility easements for PSCo
across Gustav Swanson Natural Area.
Andrea Elson seconded the motion.
The motion was approved 7-2
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ORDINANCE NO. 089, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN AMENDED ACCESS EASEMENT AND
A UTILITY EASEMENT ON CITY-OWNED PROPERTY AT GUSTAV SWANSON
NATURAL AREA TO PUBLIC SERVICE COMPANY OF COLORADO IN EXCHANGE
FOR THE DEDICATION OF LAND FOR TRAIL PURPOSES
WHEREAS, the City is the owner of property located along East Vine Drive on the north
side of the Poudre River known as Gustav Swanson Natural Area (the “City Property”); and
WHEREAS, Public Service Company of Colorado (“PSCo”) owns a regulator station on
a parcel of land surrounded by the City Property (the “PSCo Property”); and
WHEREAS, former owners of the City Property conveyed the PSCo Property to PSCo in
1946 along with a fifteen-foot access easement across the City Property; and
WHEREAS, PSCo also owns gas and electric lines that cross the City Property to serve
the PSCo property, but no easement of record has been located for either utility line; and
WHEREAS, the City is planning to construct a whitewater park on the north bank of the
Poudre River, and the plans for the whitewater park call for creating a new twenty-foot access
road for both public and emergency access that could also be used as access to the PSCo
Property; and
WHEREAS, City staff would also like to have a formal easement with PSCo for its utility
lines; and
WHEREAS, PSCo has agreed to amend its existing access easement to be along the new
access road, and accept a new 50-foot utility easement for its utility lines; and
WHEREAS, the proposed realigned access easement is more particularly described on
Exhibit “A”, attached and incorporated herein by reference (the “Access Easement”); and
WHEREAS, the location and width of the proposed utility easement is shown on Exhibit
“B”, attached and incorporated herein by reference (the “Utility Easement”), and a legal
description will be prepared prior to conveyance of the Utility Easement; and
WHEREAS, City staff has recommended that the City not charge PSCo for either of the
Easements because PSCo has agreed to dedicate to the City almost 2,000 square feet of the PSCo
Property to be used for trail purposes as part of the whitewater park project; and
WHEREAS, at its regular meeting on June 14, 2017, the Land Conservation and
Stewardship Board voted to recommend granting the Easements to PSCo; and
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WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City.
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 the City Council hereby finds that the City’s conveyance of the
Access Easement and Utility Easement to PSCo as provided herein is in the best interests of the
City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements to PSCo on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the Easements, as long as such changes do not materially increase the size or change the
character of the interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 350
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Attachment: Exhibit A (5706 : Gustav Swanson Easements ORD)
1
Attachment: Exhibit A (5706 : Gustav Swanson Easements ORD)
1
Attachment: Exhibit A (5706 : Gustav Swanson Easements ORD)
1
Attachment: Exhibit A (5706 : Gustav Swanson Easements ORD)
EXHIBIT %
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
Packe
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Resolution 2017-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interstate
Land Holdings Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the
Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project represents an
annexation to bring two properties and State highway right-of-way totaling 12.2 acres, located on the northwest
corner of the I-25 and State Highway 392 intersection, into Fort Collins municipal boundaries.
The requested zoning for this annexation is General Commercial (C-G) for the Interstate Land Holdings
properties and right-of-way, and Public Open Lands (P-O-L) for the City-owned property. The requested
zoning districts are in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir
Area Plan Maps. A specific project development plan proposal is not included with the annexation application.
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice of the hearing be given. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances; not less than thirty days’ prior notice is required by state law.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Interstate Land Holdings Annexation includes one parcel owned by Interstate Land Holdings, LLC, one
parcel owned by the City of Fort Collins, and right-of-way owned by the Colorado Department of Transportation
(CDOT). A portion of the CDOT frontage road in between the properties, as well as the portion of State
Highway 392 to the south, is included in the annexation to provide a continuity of service for the City of Fort
Collins.
The requested zoning for this annexation includes the C-G District for the Interstate Land Holdings property
(Lot 2) and CDOT right-of-way, and the P-O-L District for the City-owned parcel (Lot 3). (Lot 1 of the
Interstate Holdings MLD is not included in the annexation.) The requested zoning is consistent with the City of
Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps.
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Agenda Item 15
Item # 15 Page 2
The properties are bordered by Fossil Creek Regional Open Space and Swede Lake on the west side,
Interstate 25 to the east, State highway 392 to the south, and commercial properties to the north. The I-25
Frontage Road divides the properties. The property is currently zoned T-Tourist in Larimer County.
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law.
The Interstate Land Holdings Annexation gains the required 1/6 contiguity to existing city limits from a common
boundary with the Fossil Creek Reservoir and the Fossil Creek Reservoir Open Space Annexation (Ordinance
No. 054, 2008) and the Fossil Creek 392 Annexation (Ordinance No.139, 2009), thus satisfying the
requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric
service will be transferred from Poudre Valley REA to Fort Collins Light and Power over a period of time. The
Poudre Valley REA Service Rights Fees will apply for ten years after electric service is transferred to Fort
Collins Utilities. Future development will also trigger the transition from Larimer County Sherriff enforcement to
Fort Collins Police Services. The provision of water and wastewater utility services will continue to be provided
by the Fort Collins/Loveland Water District and South Fort Collins Sanitation District.
In accordance with the May 2013 Amended Intergovernmental Agreement, the City of Fort Collins and the
Town of Windsor will share the property tax increment and sales tax increment generated by properties and
businesses located within the boundaries of the Corridor Activity Center.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on
July 20, 2017. The Board’s recommendation will be forwarded to City Council as part of the First Reading of
the annexation and zoning ordinances on August 15, 2017.
PUBLIC OUTREACH
There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements
that comply with state statutes.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Zoning Map (PDF)
3. Structure Plan Map (PDF)
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Structure Plan Map
Legend
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Land Use
Downtown District
Community Commercial District
Commercial Corridor District
Neighborhood Commercial District
Employment District
Industrial District
Campus District
Urban Estate
Low Density Mixed-Use Neighborhoods
Medium Density Mixed-Use Neighborhoods
Rural Lands
Foothills
Community Separator
Open Lands, Parks and Stream Corridors
Poudre River
Adjacent Planning Areas
Interstate 25
State Highway 392
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Annexation Area
ATTACHMENT 3
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Attachment: Structure Plan Map (5684 : Interstate Land Holdings Annexation)
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RESOLUTION 2017-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION
PROCEEDINGS FOR THE INTERSTATE LAND HOLDINGS ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Interstate Land Holdings Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Interstate
Land Holdings Annexation in accordance with the Municipal Annexation Act, Section 31-12-
101, et seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED 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 the City Council hereby accepts the annexation petition for the
Interstate Land Holdings Annexation, more particularly described as situate in the County of
Larimer, State of Colorado, to wit:
A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter
of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of
Colorado, and being more particularly described as follows:
Considering the South line of the Southwest Quarter of said Section 15 as bearing North
89°41'04" East and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 15; thence along said South line of
the Southwest Quarter, North 89º41’04” East, 1274.77 feet to the POINT OF
BEGINNING; thence continuing along said South line, North 89°41'04" East, 50.73 feet;
thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of
Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along
the West line of said Lot 3 the following four (4) courses and distances, North 00º22'04"
East, 215.86 feet; thence, North 61º20’04” East, 175.91 feet; thence, South 89º57’15”
East, 69.25 feet; thence, South 00º02’43” West, 260.43 feet to a point on the Westerly
line of that tract of land recorded at Reception No. 20110022909 Larimer county Clerk
and Recorder; thence along said line the following twelve (12) courses and distances,
North 51º22’34” East, 172.07 feet; thence, North 02º32’12” East, 59.46 feet; thence
along a curve concave to the Southeast having a central angle of 56º26’03”, an arc length
of 369.36 feet with a radius of 375.00 feet, and the chord of which bears North 30º45’13”
East, 354.61 feet; thence, North 58º58’13” East, 393.41 feet; thence along a curve
concave to the Northwest having a central angle of 41º07’03”, an arc length of 107.65
feet with a radius of 150.00 feet, and the chord of which bears North 38º24’43” East,
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105.35 feet; thence, North 17º51’13” East, 66.70 feet; thence South 72º08’47” East,
24.97 feet; thence, North 17º51’25” East, 203.42 feet; thence, North 06º32’54” East,
216.12 feet; thence, South 83º27’06” East, 55.00 feet; thence, South 04º33’24” West,
216.25 feet; thence, South 13º20’35” West, 514.74 feet to the Northeast corner of Lot 2,
Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the
easterly line of said Lot 2 the following three (3) courses and distances: South 08º25’22”
West, 337.31 feet; thence, South 44º41’59” West, 118.86 feet; thence, South 83º50’53”
West, 113.23 feet; thence departing said line, South 17º48’58” West, 13.05 feet; thence,
South 33º15’59” West, 90.10 feet; thence, South 00º52’47” East, 156.17 feet to the North
line of that tract of land recorded in Reception No.20110064864 Larimer County
Records; thence along said line and along the North line of that tract of land recorded in
Reception No. 20090035759, South 89º33’34” West, 450.02 feet; thence, North
81º20’56” West. 303.80 feet; thence, North 00º20’00” East, 33.42 feet to the Point of
Beginning.
The above described tracts of land contain 530,958 square feet or 12.189 acres, more or
less and is subject to all easements and rights-of-way now on record or existing.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Interstate Land Holdings Annexation is in substantial compliance with the
Municipal Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
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Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Interstate Land Holdings
Annexation is in substantial compliance with the Municipal Annexation Act in that the map
contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks;
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 363
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-059 initiating annexation proceedings for the Interstate Land Holdings
Annexation, consisting of approximately 12 acres and generally located at the northwest corner
of the I-25 and State Highway 392 intersection, said Annexation being more particularly
described in Resolution 2017-059.
That, on August 15, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter
may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
General Commercial (“G-C”) Zone District and the Public Open Land (“P-O-L”) Zone District.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 5th day of July, A.D. 2017.
_______________________________
City Clerk
EXHIBIT A
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Attachment: Exhibit A (5685 : Interstate Land Holdings Annexation RESO)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Matt Robenalt, Executive Director
Mike Beckstead, Chief Financial Officer
Kristy Klenk, Financial Coordinator
SUBJECT
Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor Pursuant to C.R.S.
Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment.
EXECUTIVE SUMMARY
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2017 property taxes payable in 2018 to the City and to all other affected taxing entities.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2008 the Fort Collins, Colorado Downtown Development Authority (DDA) was in the final ten years of its
original thirty-year period (Original TIF Term) during which a portion of property taxes could be allocated to
and, when collected, paid into the DDA’s Tax Increment Fund (TIF Fund). Pursuant to C.R.S. §31-25-
807(3)(a), in the final ten years of the Original TIF Term, the City Council by ordinance had the authority to
extend such term by one additional twenty-year period (TIF Extension Period). Also, under C.R.S. §31-25-
807(3)(a), the Council had the authority to allocate more than fifty percent (50%) of property taxes levied by the
City to be allocated in accordance with the DDA statutes to be paid into the TIF Fund.
On July 10, 2008, the DDA approved its Resolution 2008-06, recommending to the City Council (i) approval of
the TIF Extension Period, and (ii) the allocation of one hundred percent (100%) of the City’s property tax
increment into the TIF Fund (the 100% City TIF Allocation). On September 2, 2008, the City Council adopted
Ordinance No. 101, 2008, approving the TIF Extension Period and the 100% City TIF Allocation. Also, on
February 15, 2010, the City Council, as the ex-officio Board of Directors of General Improvement District No. 1,
adopted Ordinance No. 060 allocating one hundred percent (100%) of the tax increment revenue from the Fort
Collins General Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period.
C.R.S. §31-25-807(3)(a)(IV)(B) requires an annual certification from the City’s governing body to the Larimer
County Assessor, which certification needs to include the allocations of tax increment for that year of all
affected taxing entities, including the City. The proposed Resolution constitutes the Council’s reaffirmation of
the actions it took in the 2008 Ordinance and the 2010 GID Ordinance and the Council’s annual certification to
the Assessor for 2017 property taxes, payable in 2018, as required by the statute. This certification must be
provided to the Assessor by August 1, 2017.
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Agenda Item 16
Item # 16 Page 2
CITY FINANCIAL IMPACTS
There are no changes in the financial or economic impacts as they currently exist.
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RESOLUTION 2017-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE 2017 CERTIFICATION TO THE LARIMER COUNTY
ASSESSOR PURSUANT TO C.R.S. SECTION 31-25-807(3)(a)(IV)(B) FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY PROPERTY TAX INCREMENT
WHEREAS, in 2008 the Fort Collins, Colorado Downtown Development Authority
(“DDA”) was in the final ten years of its original 30-year period (“Original TIF Term”) during
which a portion of property taxes could be allocated to and, when collected, paid into the DDA’s
Tax Increment Fund (“TIF Fund”); and
WHEREAS, pursuant to Colorado Revised Statutes (“C.R.S.”) Section 31-25-807(3)(a),
in the final ten years of the Original TIF Term, the City Council of the City of Fort Collins,
Colorado (“City”) by ordinance had the authority to extend such term by one additional 20-year
period (the “TIF Extension Period”), provided that (i) on the first day of the TIF Extension
Period the established base year for the allocation of property taxes is advanced by ten years, and
(ii) upon the completion of the first ten years of the TIF Extension period, the base is advanced
by one year for every additional year through the final ten years; and
WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV(B), the City Council also
had the authority to allocate more than 50% of property taxes levied by the City to be allocated
and paid into the TIF Fund; and
WHEREAS, on July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA
Resolution”) recommending to the City Council (i) approval of the TIF Extension Period, and
(ii) the allocation of 100% of the City’s property tax increment into the TIF Fund (the “100%
City TIF Allocation”); and
WHEREAS, on September 2, 2008, the City Council adopted Ordinance No. 101, 2008
(the “2008 Ordinance”) approving the TIF Extension Period and, consistent with the August 19,
2008 Agenda Item Summary accompanying such ordinance and the DDA Resolution, approved
the 100% City TIF Allocation; and
WHEREAS, on February 15, 2011, the City Council, as the ex-officio Board of Directors
of General Improvement District No. 1 (“GID Board”), adopted Ordinance No. 060 (“2011 GID
Ordinance”) allocating 100% of the tax increment revenue from the Fort Collins General
Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period, with
the seventh recital of the 2010 GID Ordinance confirming that the 2008 Ordinance had approved
the 100% City TIF Allocation; and
WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification
to the Larimer County Assessor (“Assessor”) is required, which certification needs to include the
allocations of tax increment for that year of all affected taxing entities, including the City; and
WHEREAS, the purposes of this Resolution are to reaffirm the Council’s previous
actions in the 2008 Ordinance to acknowledge the actions it took as the GID Board in the 2011
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GID Ordinance, and to provide the Assessor with the City Council’s 2017 certification pursuant
to C.R.S. Section 31-25-807(3)(a)(IV)(B).
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby reaffirms its previous actions in the 2008
Ordinance, acknowledges the actions it took as the GID Board in the 2011 GID Ordinance, and
certifies to the Assessor, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), that for 2017
property taxes payable in 2018, the City and the Fort Collins General Improvement District No.
1 continue to allocate 100% of their available property tax increment from their mill levies to the
DDA tax increment fund, but that all other affected taxing entities are only allocating 50% of
their property tax increment.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 368
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2017-0XX Making Appointments to Cultural Resources Board and the Women's Commission of the
City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appoint Amy Cervenan to fill a vacancy that currently exists on the Cultural
Resources Board due to the resignation of Gregg Adams and a vacancy that currently exists on the Women’s
Commission due to the resignation of Ginny Carroll. This Resolution appoints two selected citizens, Amy
Cervenan to fill the current Cultural Resources Board vacancy and Emily Gorgol to fill the current Women’s
Commission vacancy.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Applications were solicited during the last quarter of 2016. Council teams interviewed applicants for the
Cultural Resources Board and Women’s Commission in December. In addition to members appointed, Council
identified individuals who could step in to any future vacancies. These appointments are set to begin
immediately, with Amy Cervenan’s term expiring December 31, 2019, and Emily Gorgol’s term expiring
December 31, 2017.
ATTACHMENTS
1. Applications (PDF)
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APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Cultural Resources Board
Name: Amy Cervenan
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in?District 5
Current Occupation: graduate student and consultant Employer:
Recent and/or relevant work experience (please include dates) Consultant, Higher Education Strategies
(2013-14) Conducted cultural impact assessment of Ontario College of Art & Design, in Toronto.Research Assistant,
Innovation Systems Research Network (2008-09) Helped study governance of cultural industries in Toronto. Research
Assistant, University of Toronto (2007-09) Assisted various research projects on creative workers and cultural
Recent and/or relevant volunteer experience (please include dates) Member: Placing Creativity (2011-13) informal
monthly meeting of Toronto's arts organizationsDelegate: Experience the Creative Economy (2012) international
workshop on creative industries (my topic: film festivals)Organizer: Cities in film screening series (2010)Organizer:
Loran Scholars Foundation event (2009) arranged culture talk with urbanists Zukin, Molotch & FloridaSpeaker: Creative
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? Cultural vibrancy is
core to great places and I'm excited to explore and support the local arts community. I believe my interest in
the cultural sector and related experience in other cities may be useful to my role on this board. I want to help.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
As a new resident excited to contribute the community, I have read about the board and watched its videos online. I have
also spoken with community residents (who work in local non-profits and for the City) who suggested this would be a great
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I'm a team player, can lead as well as talk direction well, have experience reviewing applications (university merit scholarship
context), and have strong communication skills.My educational background (Masters degree in Urban Planning, PhD (currently
ABD) in Geography) have focused substantively on the role of culture in urban revitalization and the place-making benefits
ATTACHMENT 1
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Attachment: Applications (5668 : BC appt - AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) An important issue facing the cultural resources board is how to promote the Lincoln Center and Fort
Collins Museum of Art in their outreach efforts, both to build new audiences and engage existing ones.
These cornerstone institutions are important to Fort Collins' cultural identity and serve as major vehicle
for local residents to access shows, exhibitions and events. By serving as a champion for the arts and
connection to the community, this board can support local cultural venues that effectively contribute
to our quality of life and anchor cultural creators in the region.
2) Reviewing applications to select cultural projects which support of the Fort Fund objectives is important
work. In order to foster cultural development and promote arts driven tourism, project applications
need to be reviewed and considered by local residents who see the value and potential in arts projects
through both a community building and artistic lens. Making Fort Collins a cultural center and destination
means balancing funded projects that support home-grown talent, showcase our heritage and diversity,
as well as make possible ambitious flagship projects of aesthetic value.
3) An important issue facing this board is the tension which can arise from expecting culture to serve
both community and economic purposes. Using the arts to promote economic development, urban identity
and tourism presents new opportunities and resources (e.g. Cultural Innovation Fund) but also risks
privileging commercial interests above community and artistic aims to express and challenge aesthetic
norms, values and ideas. I think this board should be intentional and proactive, engaging these competing
logics and their respective (artistic / economic) community stakeholders.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None that I can think of.
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction,
the sentence imposed, whether the sentence has been completed, and any other information you
consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Amy Cervenan Date: Oct-14-2016
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert) Website
Other (please specify)
17.1
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Attachment: Applications (5668 : BC appt - AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Women's Commission
Name: Emily Gorgol
Mailing Address:
Residence: 6
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in?District 5
Current Occupation: Nutrition Manager Employer:Volunteers of America
Recent and/or relevant work experience (please include dates) While I do not have any relevant work experience
in women's issues, I obtained my Master's of Public Health where I took classes focusing on women's studies and
health. During my studies I learned the importance and impact policy, community collaboration, and programs have
on our daily lives. I feel that both of these items will help me be an effective commission member.
Recent and/or relevant volunteer experience (please include dates)
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? Women should have the
economic, social and political power and resources to make healthy decisions for themselves, families, and community.
I want to help women achieve this by raising awareness, working with local orgs and influencing policy.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I recently spoke with Elizabeth Donovan to learn more about the Women's Commission.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Master's of Public Health"Speaking with Legislators" training
17.1
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Attachment: Applications (5668 : BC appt - AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) Domestic violence, rape and sexual assault affect millions of women around the world and many cases
go unreported. I believe the Women's commission can help raise public awareness about sexual assault,
rape and domestic violence in our community. Furthermore, the Commission can help inform women of the
resources currently available in the City as well as work with City officials to ensure those resources
stay in the community. The Commission can also work with local law enforcement to help them learn how
to properly respond and handle sexual assault, rape, and domestic violence cases.
2) Women are more likely to work hourly, minimum wage jobs which are less likely to offer health insurance.
Without health insurance women often do not obtain the medical care they need leading to poor health
outcomes.The Women's Commission can help educate women, particularly low-income and those covered
by Medicaid, on the existing health services being offered; work with local organizations and clinics
to promote and provide preventative health services focusing on those unique to women,and inform policy
makers on the challenges women face accessing health care.
3) Women earn less than their male counterparts and are more likely to work hourly, minimum wage jobs.
Without a living wage women cannot become self-sufficient nor meet the needs of their families.Women
living in poverty are more likely to have poor health outcomes, poor quality of life and low self-efficacy.The
Women's Commission has the opportunity to make policy recommendations, review legislation, and inform
legislators about the issues impacting women's economic status.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction,
the sentence imposed, whether the sentence has been completed, and any other information you
consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Emily Gorgol Date: Oct-13-2016
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert) Website
Other (please specify)
17.1
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Attachment: Applications (5668 : BC appt - AIS)
-1-
RESOLUTION 2017-061
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING AMY CERVENAN TO THE CULTURAL RESOURCES BOARD AND
EMILY GORGOL TO THE WOMEN’S COMMISSION OF THE CITY OF FORT COLLINS
WHEREAS, a vacancy currently exist on the Cultural Resources Board of the City due to
the resignation of Gregg Adams; and
WHEREAS, a vacancy currently exists on the Women’s Commission of the City due to
the resignation of Ginny Carroll; and
WHEREAS, the City Council desires to make appointments to fill the vacancies which
currently exists on the Cultural Resources Board and the Women’s Commission.
NOW, THEREFORE, BE IT RESOLVED 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 the following named individuals are hereby appointed to fill the
current vacancy on the Cultural Resources Boards and the Women’s Commission, with a term to
begin immediately and to expire as set forth below:
Cultural Resources Board Expiration of Term
Amy Cervenan December 31, 2019
Women’s Commission
Emily Gorgol December 31, 2017
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 374
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House Located at The
Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 5-0 (Cunniff, Overbeck recused)
designates the James Ross Proving-Up House, currently located at The Farm at Lee Martinez Park, 600 North
Sherwood Street, as a Fort Collins Landmark. The Recreation Department of the City of Fort Collins is initiating
this request on behalf of the City as the owner.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 080, 2017 (PDF)
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House Located at The
Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to designate the James Ross Proving-Up House currently located at The Farm at
Lee Martinez Park, 600 North Sherwood Street, as a Fort Collins Landmark. The Recreation Department of the
City of Fort Collins is initiating this request on behalf of the City as the owner. The 1890 vernacular, proving-up
structure is eligible for recognition as a Landmark due to its historic integrity and significance to Fort Collins
under Designation Standard A, for its association with homesteading, Standard B, for its association with the
Ross family, and Standard C, for its identifiable design and construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The James Ross Proving-Up House is an example of a vernacular, proving-up home. The residence served as
a “filing” house for the James Ross family. Built in 1890, the one room building housed the family of five for five
years as part of the requirements of the Homestead Act. James Ross built his home on the Pleasant Valley
and Lake Canal ditch, north of what became 1600 West Horsetooth Road. James was the great-grandfather of
Senator Wayne Allard and Kermit Allard, CPA in Fort Collins. James Ross’ son William became the President
of the University of Northern Colorado in Greeley. William impacted the university so much that they named
Ross Hall after him, which was completed during his last year as president.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties.
BOARD / COMMISSION RECOMMENDATION
This item appeared before the Landmark Preservation Commission (LPC) on March 15, 2017. The LPC
passed a resolution to recommend Landmark Designation with a vote of 8-0.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5676 : SR 080 James Ross Proving Up House Landmark)
Agenda Item 12
Item # 12 Page 2
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos and signed consent (PDF)
3. Staff report (w/o attachments) (PDF)
4. Landmark Preservation Commission Resolution (PDF)
18.1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5676 : SR 080 James Ross Proving Up House Landmark)
-1-
ORDINANCE NO. 080, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE JAMES ROSS PROVING-UP HOUSE LOCATED AT
THE FARM AT LEE MARTINEZ PARK, 600 NORTH SHERWOOD STREET,
FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT
TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated March 15, 2017, the Landmark Preservation
Commission (the “Commission”) has determined that the James Ross Proving-Up House
currently located at 600 North Sherwood Street in Fort Collins as more specifically described
below (the “Property”) is eligible for landmark designation for its high degree of exterior
integrity, and for its significance to Fort Collins under Landmark Standard A (Events), Standard
B (Persons/Groups) and Standard C (Design/Construction) as contained in Section 14-5 of the
City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
18.2
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Attachment: Ordinance No. 080, 2017 (5676 : SR 080 James Ross Proving Up House Landmark)
-2-
The 12 ½ feet by 16½ feet, one room frame building known as the James Ross Proving-
Up House, currently located at The Farm at Lee Martinez Park, 600 North Sherwood
Street, City of Fort Collins
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Section 3. That alterations, additions and other changes to the James Ross Proving-
Up House will be reviewed for compliance with City Code Chapter 14, Article III, as currently
enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
18.2
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Attachment: Ordinance No. 080, 2017 (5676 : SR 080 James Ross Proving Up House Landmark)
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Mike Beckstead, Chief Financial Officer
SeonAh Kendall, Economic Policy & Project Manager
SUBJECT
Second Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year Reserves in the
General Fund and Appropriating Prior Year Reserves in the Light and Power Fund for Broadband Strategic
Support Services.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 6-1 (nays: Summers) appropriates
$160k of one-time funding for consulting support for the City’s Broadband efforts, per the current work scope.
The effort to develop a more detailed Municipal Retail fiber internet service model will run in parallel with staff
efforts to issue a Request for Proposal (RFP) to explore a third party alterative. As the work scope describes,
consultants will work with City staff to develop details around how to launch a Municipal Retail fiber internet
service. Those plans will enable the City, upon approval by Fort Collins voters authorizing the City to move
forward, to immediately begin the effort, issue RFPs to support the design and construction, and begin internal
processes for call centers, billing, marketing, sales, etc.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (PDF)
2. Ordinance No. 083, 2017 (PDF)
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Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Mike Beckstead, Chief Financial Officer
Seonah Kendall, Economic Policy & Project Manager
SUBJECT
First Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year Reserves in the General
Fund and Appropriating Prior Year Reserves in the Light and Power Fund for Broadband Strategic Support
Services.
EXECUTIVE SUMMARY
At the May 9, 2017, Council Work Session discussion concerning the City’s Broadband efforts, staff highlighted
the need to dedicate resources to support further development and details associated with a Municipal Retail
model. Staff is requesting $160k of one-time funding to be appropriated for consulting support per the current
work scope. The effort to develop a more detailed Municipal Retail fiber internet service model will run in
parallel with staff efforts to issue a Request for Proposal (RFP) to explore a third party alterative. As the work
scope describes, consultants will work with City staff to develop details around how to launch a Municipal
Retail fiber internet service. Those plans will enable the City, upon approval by Fort Collins voters authorizing
the City to move forward, to immediately begin the effort, issue RFPs to support the design and construction,
and begin internal processes for call centers, billing, marketing, sales, etc.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff is evaluating consulting opportunities and working to have resources working by late June in support of a
Municipal Retail broadband service model. While voter approval is required to begin service under this model,
staff and consultants will be developing a launch plan consistent with the items on the attached Work Scope
document that will allow the City to move into implementation mode shortly after the November election.
Without this advanced work, several months of implementation planning will be required prior to moving into
implementation.
Costs are estimated based on billing rates for two consultants and travel expenses for one consultant. The
current re-appropriated budget remaining to support broadband is approximately $70k. This appropriation
requests an additional $160K to support planning efforts through the end of the year. Project deliverables are
also outlined in the work scope.
CITY FINANCIAL IMPACTS
This one-time funding of $160k will be split equally with $80k coming from General Fund reserves and the
other $80k coming from Light and Power Fund reserves.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5672 : SR 083 Broadband Appropriation)
Agenda Item 22
Item # 22 Page 2
ATTACHMENTS
1. Municipal Retail Model Resource Work Scope (PDF)
2. Powerpoint presentation (PDF)
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Attachment: First Reading Agenda Item Summary, June 6, 2017 (w/o attachments) (5672 : SR 083 Broadband Appropriation)
-1-
ORDINANCE NO. 083, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND
APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER
FUND FOR BROADBAND STRATEGIC SUPPORT SERVICES
WHEREAS, at the May 9, 2017 City Council Work Session discussion concerning the
City’s Broadband efforts, staff highlighted the need to dedicate resources to support further
development and detailed plans associated with a Municipal Retail Broadband model; and
WHEREAS, in pursuit of that plan development, staff is requesting an appropriation of
one-time funding of $160,000, which will be split equally with $80,000 coming from General
Fund reserves and $80,000 coming from Light and Power Fund reserves; and
WHEREAS, costs estimates are based on billing rates for two consultants and travel
expenses for one consultant; and
WHEREAS, in addition to this appropriation request, there are $70,000 in currently
available budget appropriations for strategic broadband support; and
WHEREAS, staff and consultants will be developing a launch plan that will allow the
City to move into implementation mode shortly after the November 2017 election, with the
understanding that voter approval is a prerequisite to launching this effort; and
WHEREAS, without this advanced work, several months of implementation planning
will be required after the election before the City may begin service implementation; and
WHEREAS, this Ordinance appropriates Electric Utility enterprise funds and Council
finds that evaluating broadband service delivery plans by the City’s Electric Utility serves utility
purposes and benefits ratepayers consistent with Article XII, Section 6 of the City Charter,
including but not limited to advancing potential expansion of the Electric Utility to deliver
coordinated telecommunication and electric services in furtherance of current City strategic
objectives and outcomes; and
WHEREAS, Article V, Section 9 of the City Charter 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 have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund and the Light and Power Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Attachment: Ordinance No. 083, 2017 (5672 : SR 083 Broadband Appropriation)
-2-
Section 1. That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) for Broadband Strategic
Support.
Section 3. That there is hereby appropriated from prior year reserves in the Light
and Power Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) for Broadband
Strategic Support.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
19.2
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Attachment: Ordinance No. 083, 2017 (5672 : SR 083 Broadband Appropriation)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Lawrence Pollack, Budget Director
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not
Expended and Not Encumbered in 2016.
EXECUTIVE SUMMARY
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures were not
spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or
binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed during
2016 and reappropriation of those dollars is necessary for completion of the project in 2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund 2016 Amended
Budget
Reappro-
priation Ord.
No. 058,
2017
Additional
Reappropriation
Request
% of 2016
Amended
Budget
General Fund $144,587,414 $948,174 $360,768 0.7%
Keep Fort Collins Great Fund 30,582,621 691,195 5,000 2.3%
Light and Power Fund 144,568,778 107,933 0.1%
Data and Communications
Fund
11,544,230 301,600 2.6%
Utility Customer Service and
Administration
18,168,083 40,608 0.0%
TOTAL $349,451,126 $2,048,902 $406,376 0.7%
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During the February Council Finance Committee meeting, the Committee requested that the executive team
(ELT) review all 2017 reappropriation requests to ensure they were still organizational priorities and compare
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Agenda Item 20
Item # 20 Page 2
those with the other potential 2017 additional funding needs which were also presented during that same
meeting.
During the March Council Finance Committee meeting, the Committee voiced concerns with year-to-date sales
tax collections and questioned whether all 2016 Reappropriation requests had to be brought forward at that
time before having a better understanding of the City’s overall revenue picture. ELT then evaluated the
original requests and separated them out into those brought forward (totaling $2,048,902) and those that could
be postponed.
In May, Council approved the Reappropriation items brought forward in Ordinance No. 058, 2017. That
ordinance contained the majority, but not all the original requests. The remaining items have been further
vetted and remain as priorities to be considered for reappropriation. In the vetting process, several items were
excluded from consideration due to not being able to complete the work within fiscal year 2017 due to the
timing of the second ordinance. All the items included in the remaining 2017 reappropriation request are
considered organizational priorities and can be completed in 2017.
The postponed requests were discussed with the Council Finance Committee in its May 2017 meeting, when
an update of overall City revenue was discussed. Council Finance Committee is supportive of bringing the
remaining 2017 Reappropriation items forward for full Council consideration.
GENERAL FUND
Community Development & Neighborhood Services
1. Development of Transition Standards for Old Town and Downtown Plans - $30,000 (plus an
additional $5,000 in KFCG totals $35,000 for request)
Purpose for funds: During the course of both the Old Town Neighborhoods Plan and the Downtown Plan,
the community identified several concerns specifically related to architectural design, building height,
parking, and other development impacts in the areas of transition between the Downtown and the adjacent
Old Town Neighborhoods. The new transition standards created with these funds implement one of the
highest priority issues identified in the two Plans.
Reason funds not expensed in 2016: Funds were not fully expended by December 2016 for the
Downtown Plan and Old Town Plan since the Downtown Plan vendor did not accomplish specific goals
established, and they experienced scheduling issues with respect to delivering their final product. Staff
has determined that focusing on this high priority action item, identified in both Plans, would be a fiscally
responsible use of the remaining funds and address an issue of community concern.
Environmental Services
2. Advanced Waste Stream Optimization - $118,785
Purpose for funds: This offer proposed four general tasks to enable the City to become more systematic
about managing the community’s waste stream for optimal benefit that included systematically evaluating
“waste” materials using Sustainable Materials Management (SMM) framework, supporting innovation in
waste to clean energy, and focusing on organics, including building regional partnerships/infrastructure.
The funds will be used to further these objectives through:
1. Support economic development of recycling businesses/industry cluster in Fort Collins using a
competitive process for issuing small grants. ($60K)
2. Conduct extensive community educational campaign to reduce food waste at the source. ($20k)
3. Create toolkit and protocol for conducting waste sorts (residential, business, etc.) to easily and
regularly audit waste materials and improve diversion practices through reliable local data. ($10K)
4. Pilot systems analysis research to identify waste-related GHG reduction opportunities ($28k)
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Agenda Item 20
Item # 20 Page 3
Reason funds not expensed in 2016: The funds that were used supported a broad and diverse number of
projects and programs in 2015 and 2016. Several additional strategies that are central to further advancing
Sustainable Materials Management were identified but delayed based upon staff availability and alignment
with regional planning efforts.
Parks
3. East Park Satellite Shop - $59,000
Purpose for funds: Funds will be used to purchase supplies and equipment for the satellite shop that will
serve the new east park district and Forestry crew. The shop is located at the Bacon park site next to
Bacon Elementary school on Timberline Road. When the permanent facility is constructed on the new
East Park site these items will be transferred and used at the new permanent location to be built in 2018 or
2019.
Reason funds not expensed in 2016: Funds were not spent in 2016 because the existing house that is
being repurposed as a satellite shop will not be available until the tenant moves out in spring 2017.
4. Parks Lifecycle Projects - $93,655
Purpose for funds: Funds will be used to renovate restroom/storage area at Edora Park and tennis courts
at Troutman Park.
Reason funds not expensed in 2016: Funds were not spent at the Edora restroom/storage area because
the complexity of the project delayed the bidding process. There were not sufficient funds remaining to
replace the tennis courts at Troutman Park. Reappropriated funds will be added to 2017 funds to complete
this project.
Social Sustainability
5. Neighborhood Renewal Project - $59,328
Purpose for funds: These funds were for the Renewal of Neighborhoods in a State of Change BFO
Enhancement administered by the Social Sustainability Department. The intent of the offer is to focus
public investment in older neighborhoods “in order to stabilize them or begin a restoration process”.
Reason funds not expensed in 2016: Staff planned and implemented a variety of projects from this fund in
2016 which met the goals defined in the original offer. There were additional projects identified to utilize
the remaining funds; however, time ran out towards the end of the calendar year and staff was not able to
begin the required procurement process needed to utilize the funds. Staff has been working with
Purchasing to create an RFP early in 2017 to facilitate a pilot “asset mapping” project in the North College
corridor area to design and implement a robust community engagement process and design a strategy
document. This will result in a neighborhood vision which will allow immediate action once the funds are
re-appropriated.
With recent feedback from residents in the Alta Vista neighborhood regarding the proposed sidewalk
construction project, staff envisions a portion of these reappropriated funds will go towards making
additional improvements in that neighborhood.
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Agenda Item 20
Item # 20 Page 4
KEEP FORT COLLINS GREAT FUND
Community Development & Neighborhood Services
6. Development of Transition Standards for Old Town and Downtown Plans - $5,000 (plus an
additional $30,000 in General Fund totals $35,000 for request)
Please see description in #1 under General Fund.
UTILITY CUSTOMER SERVICE AND ADMINISTRATION
Utility Technology & Customer Service
7. Cyber Security Consulting Services - $40,608
Purpose for funds: IT Application Services for Utilities is currently working with a third party cyber security
consultant to help identify any risks in the computing environment/infrastructure that needs to be mitigated
for the Utilities Billing System. This vendor will also be performing a cyber security assessment on the
Electric SCADA System. The third party consultant (AESI) will be working with Utilities to recommend a
good Cyber Security Governance Framework. Staff is now using the previously committed funds after
working through a cyber security assessment of the Utilities Billing System. Staff would like to have the
remaining $40,608 of the original BFO approved offer reappropriated for work focused on additional
Utilities critical systems. Being able to use these funds would help Utilities to stay ahead of ongoing risks,
and improve the cyber security maturity level of the overall Utilities Service Area.
Reason funds not expensed in 2016: During the initial BFO year that the Cyber Security funds were
approved (2015), the staff member responsible for carrying out the cyber security program for Utilities was
seriously injured in a non-work related accident. She missed many months of work initially, and was not
able to return to full-time work until September 2016. As a result, staff was only able to finalize an RFP
and select a vendor in late 2016. In addition, staff believes the current vendor did not understand the full
requirements of the project, which required additional negotiation and led to further delay. Having these
funds will help staff keep moving in this vitally critical area.
CITY FINANCIAL IMPACTS
This Ordinance increases 2017 appropriations by $406,376. A total of $360,768 is requested for
reappropriation in the General Fund, $5,000 from the Keep Fort Collins Great Fund and $40,608 is requested
from Utility Customer Service and Administration. Reappropriation requests represent amounts budgeted in
2016 that could not be encumbered at year-end. The appropriations are from prior year reserves.
ATTACHMENTS
1. Powerpoint presentation (PDF)
20
Packet Pg. 388
July 5, 2017 2017 Reappropriation – Part 2
ATTACHMENT 1
20.1
Packet Pg. 389
Attachment: Powerpoint presentation (5678 : Reappropriation - Additional Items)
Reappropriation Guidelines
2
What qualifies for Reappropriation?
• Funds that were originally appropriated in 2016 for a specific
purpose but were not fully expensed or encumbered by the
end of the fiscal year
• Appropriate the funds from 2016 reserves into the 2017
budget for the same specific uses that were originally
proposed and approved for 2016
20.1
Packet Pg. 390
Attachment: Powerpoint presentation (5678 : Reappropriation - Additional Items)
Additional 2017 Review
• Budget staff reviewed all requests to verify they met qualifications
• Executive team reviewed to ensure alignment with Council and
organizational priorities
• Reviewed by the Council Finance Committee (CFC)
• Part 1 of the 2017 Reappropriations approved by Council on May 2nd
• Remaining Reappropriation requests were then re-evaluated
• Only a subset of those were reviewed by CFC, as well as in the June
13th Council work session; and are included in this Part 2 request for
Reappropriation
3
20.1
Packet Pg. 391
Attachment: Powerpoint presentation (5678 : Reappropriation - Additional Items)
2017 Reappropriation Summary
4
Amount by Fund being requested for Reappropriation:
Fund
Original
Requests
Reappro-
priation Ord
058 of 2017
Additional
Request
Total 2017
Reappro-
priation
General Fund $1,636,892 $948,174 $360,768 $1,308,942
Keep Fort Collins Great Fund 768,055 691,195 5,000 696,195
Transportation 30,000
Light and Power Fund 107,933 107,933 107,933
Data and Communications Fund 301,600 301,600 301,600
Utility Customer Service and
Administration
40,608 40,608 40,608
TOTAL $2,885,088 $2,048,902 $406,376 $2,455,278
20.1
Packet Pg. 392
Attachment: Powerpoint presentation (5678 : Reappropriation - Additional Items)
2017 Reappropriation Highlights
5
• Development of Transition Standards for Old Town
and Downtown Plans
$35
• Advanced Waste Stream Optimization 119
• East Park Satellite Shop 59
• Parks Lifecycle Projects 94
• Neighborhood Renewal Project 59
• Cyber Security Consulting Services 41
TOTAL ($000’s) $406
20.1
Packet Pg. 393
Attachment: Powerpoint presentation (5678 : Reappropriation - Additional Items)
-1-
ORDINANCE NO. 090, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2016
BUT NOT EXPENDED AND NOT ENCUMBERED IN 2016
WHEREAS, City Council authorized expenditures in 2016 for various purposes in the
General Fund, Keep Fort Collins Great Fund, and the Utility Customer Service and
Administration Fund, portions of which were not spent or encumbered in 2016; and
WHEREAS, Article V, Section 9 of the City Charter 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, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; and
WHEREAS, City staff have determined that the amounts to be appropriated as described
herein are available and currently unappropriated; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2016 for which
such appropriated funds were not expended and not encumbered during 2016.
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 there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of THREE HUNDRED SIXTY THOUSAND SEVEN HUNDRED
SIXTY-EIGHT DOLLARS ($360,768) for the following purposes:
Development of Transition Standards for Old Town and
Downtown Plans
$30,000
Advanced Waste Stream Optimization 118,785
East Park Satellite Shop 59,000
Parks Lifecycle Projects 93,655
Neighborhood Renewal Project 59,328
Total General Fund $360,768
Packet Pg. 394
-2-
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of FIVE THOUSAND DOLLARS ($5,000) for the
following purposes:
Development of Transition Standards for Old Town and
Downtown Plans
$5,000
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Utility Customer Service and Administration Fund the sum of FORTY THOUSAND SIX
HUNDRED EIGHT DOLLARS ($40,608) for the following purpose:
Cyber Security Consulting Services $40,608
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 395
GMA
City Limits - Area
Water Symbols
Fossil Creek Reservoir
Annexation Area
Interstate Land ±
Holdings Annexation
Zoning Map
City Zoning
ZONE
General Commercial (CG)
Public Open Lands (POL)
Annexation Area
ATTACHMENT 2
15.2
Packet Pg. 359
Attachment: Zoning Map (5684 : Interstate Land Holdings Annexation)
Water Symbols
Fossil Creek Reservoir
Annexation Area
Interstate Land Holdings Annexation ±
Vicinity Map
Annexation Area
ATTACHMENT 1
15.1
Packet Pg. 358
Attachment: Vicinity Map (5684 : Interstate Land Holdings Annexation)
Either framed or
unframed:
1 per property
frontage; or 1 per
100 ft. of
property frontage
if secured to
temporary
construction
fencing related to
permitted
construction
(may be
clustered)
Either framed or
unframed:
1 per property
frontage; or 1 per
100 ft. of
property frontage
if secured to
temporary
construction
fencing related to
permitted
construction
(may be
clustered)
Not allowed
13.4
Packet Pg. 332
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
applicable regulation.
(4) Administrative Interpretations. Materials for signage that are not listed in
this Section 3.8.7.2(G) may be introduced into the market. When a
material is proposed that is not listed in this Section 3.8.7.2(G), the
Director shall determine the class of materials with which the new
material is most closely comparable, based on the new material’s
appearance, durability, and colorfastness. No temporary sign shall be
displayed for a longer period than a site sign constructed of class 5
material, regardless of the durability material (although such a sign may be
permissible under Land Use Code Section 3.8.7.1).
(H) Temporary Sign Maintenance. Temporary signs and temporary sign structures
of all types shall be maintained as follows:
(1) Paint and Finishes. Paint and other finishes shall be maintained in good
condition. Peeling finishes shall be repaired. Signs with running colors
shall be repainted, repaired, or removed if the running colors were not a
part of the original design.
13.4
Packet Pg. 330
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
(“coroplast”)
Wood or metal
(3) Duration of Display.
(a) In general, a temporary sign shall be removed as of the earlier of
the date that:
13.4
Packet Pg. 329
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
riders
5 sf., including
riders
Max. Sign Height N/A N/A 5 ft. 5 ft.
Allowed Lighting N/A N/A None None
Setbacks and
Spacing
N/A N/A 2 ft. from all
property lines
2 ft. from all
property lines
Other Standards N/A N/A Swing signs shall be
installed in
permeable
landscaped areas
that are at least 4 ft.
in every
horizontal
dimension and at
least 20 sf. in area
Swing signs shall
be installed in
permeable
landscaped areas
that are at least 4
ft. in every
horizontal
dimension and at
least 20 sf. in area
Feather Flags
Max. # 1 per 100 ft. of
property frontage
or fraction thereof;
may be clustered
1 per 100 ft. of
property frontage
or fraction
thereof; may be
clustered
1 per 100 ft. of
property frontage or
fraction thereof; may
be clustered
Not allowed
Max. sign area 40 sf. 40 sf. 40 sf. N/A
Max. sign height 15 ft. 15 ft. 15 ft. N/A
13.4
Packet Pg. 328
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Buildings:
Not Limited
Nonresidential and
Residential Mixed
Use Buildings:
1 per property
1 per 600 ft. of
property frontage
or fraction thereof
1 per 600 ft. of
property frontage or
fraction thereof,
provided that the
area of the property
is at least 2 acres;
properties that are
less than 2 acres
shall not display site
signs
1 per 600 ft. of
property frontage
or fraction thereof,
provided that the
area of the
property is at least
2 acres; properties
that are less than 2
acres shall not
display site signs
Max. Sign Area 16 sf. 32 sf. 32 sf. 32 sf.
Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft.
Allowed Lighting External, down
directional and
concealed light
source
External, down
directional and
concealed light
source
External, down
directional and
concealed light
source
External, down
directional and
concealed light
source
Setbacks and
Spacing
2 ft. from front
property lines
10 ft. from all
other property
lines
10 ft. from all
other signs
12 ft. from
building walls
2 ft. from front
property lines
10 ft. from all
other property
lines
10 ft. from all
other signs
12 ft. from
building walls
2 ft. from front
property lines
10 ft. from all other
property lines
10 ft. from all other
signs
12 ft. from building
walls
2 ft. from front
property lines
10 ft. from all
other property
lines
10 ft. from all
other signs
12 ft. from
building walls
13.4
Packet Pg. 327
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
Multi-Family
Residential
Buildings: 1 per 20
ft. of property
frontage or fraction
thereof
Nonresidential and
Residential Mixed
Use Buildings: 1 per
80 ft. of property
frontage or fraction
thereof
Residential
Buildings: Not
limited
Nonresidential and
Residential Mixed
Use Buildings: 1
per 80 ft. of
property frontage
or fraction thereof
13.4
Packet Pg. 326
Attachment: Ordinance No. 088, 2017 (5674 : Interim Sign Code Update)
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&ƵŶĚ͘
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ATTACHMENT 3
12.3
Attachment: Restoration Agreement Compliance Summary, May 2, 2017 (5686 : Northern Hotel Release of Collateral Assignment)
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XHIBIT 7.2
Packet Pg. 203
Attachment: Ordinance No. 080, 2017 (5673 : SR 079 225 Maple Landmark)
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6.2
Packet Pg. 196
Attachment: Ordinance No. 078, 2017 (5666 : SR 078 212 LaPorte Landmark)
Slabs larger than 4,000 square feet (372 m
2
) shall have separate loops for each
2,000 (186 m
2
) square feet; or, increased to 4,000 square feet (372 m
2
) when a
loop is bisected as specified in the preceding configuration.
4. A uniform layer of sand (native or fill), a minimum of 4 inches (102 mm) thick,
overlain by a layer or strips of geo-textile drainage matting designed to allow the
lateral flow of soil gases.
4.4
Packet Pg. 161
Attachment: Ordinance No. 074, 2017 (IRC) (5667 : SR 072-076 I-Codes)
c. “15/19” means R-15 continuous insulation on the interior or exterior of the foundation wall or R-19cavity
insulation at the interior of the foundation wall. “15/19” shall be permitted to be met with R-13 cavity insulation on the
interior of the foundation wall plus R-5 continuous insulation on the interior or exterior of the foundation wall. “10/13”
means R-10 continuous insulation on the interior or exterior of the foundation wall or R-13 cavity insulation at the
interior of the foundation wall.
d. R-5 shall be added to the required slab edge R-values for heated slabs.
e. Insulation shall fill the framing cavity, R-19 minimum.
f. First value is cavity insulation, second is insulated sheathing or siding, so “20+5” means R-20 cavity
insulation plus R-5 insulated sheathing. If structural sheathing covers 25 percent or less of the exterior, insulating
sheathing is not required where structural sheathing is used. If structural sheathing covers more than 25 percent of the
exterior, structural sheathing shall be supplemented with insulated sheathing of at least R-2.
g. The second R-value applies when more than half the insulation is on the interior of the mass wall.
h. All rim joists and adjoining plates shall be air-sealed and insulated using spray foam insulation to R-15 minimum.
i. All rim joists and adjoining plates shall be air-sealed.
(72) Table N1102.1.4 (Table R402.1.4) Equivalent U-Factors is hereby deleted in its entirety
and the following is hereby added in lieu thereof:
TABLE N1102.1.4
EQUIVALENT U-FACTORS
a
a. Non-fenestration U-factors shall be obtained from measurement, calculation or an approved source.
b. When more than half the insulation is on the interior, the mass wall U-factor shall be the same as the frame
wall U-factor.
(73) Section N1102.2 (R402.2) Specific insulation requirements is hereby retained in its
entirety with the following amendments:
N1102.2 (R402.2) Specific insulation requirements (Mandatory) In addition to the
requirements of Section N1102.1, insulation shall meet the specific requirements of
Sections N1102.2.1 through N1102.2.13. All insulation shall be installed to meet
Residential Energy Services Network (RESNET) Grade I standard with six-sided
encapsulation.
Exceptions: RESNET Grade II is acceptable for:
HEATING SYSTEM
TYPE
FENESTRATION
U-FACTOR
SKYLIGHT
U-FACTOR
CEILING
R-VALUE
FRAME WALL
U-FACTOR
MASS
WALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
Nonelectric heat 0.32 0.55 0.026 0.057 0.082 0.033 0.059 0.055
Electric heat 0.30 0.55 0.026 0.048 0.060 0.033 0.050 0.055
4.4
Packet Pg. 141
Attachment: Ordinance No. 074, 2017 (IRC) (5667 : SR 072-076 I-Codes)
Packet Pg. 120
Attachment: Ordinance No. 074, 2017 (IRC) (5667 : SR 072-076 I-Codes)
HAZARDS
Weathering
a
Roof Ice
c
Damming
Frost line
depth
Termite
Decay
d
30psf
(1436.4p
a)
100 Nom
129 Ult
B
Severe
Yes
30 inches
(762mm)
Slight to
Moderate
None to
Slight
+6o F
(-14o C)
906
48.4
July 16,
1979
4.4
Packet Pg. 118
Attachment: Ordinance No. 074, 2017 (IRC) (5667 : SR 072-076 I-Codes)
insulation shall be deemed to satisfy the requirement for R-38 wherever the full height of
uncompressed R-30 insulation extends over the wall top plate at the eaves. Similarly,
where Section R402.1.2 would require R-49 insulation in the ceiling, installing R-38 over
100 percent of the ceiling area requiring insulation shall be deemed to satisfy the
requirement for R-49 insulation wherever the full height of uncompressed R-38
insulation extends over the wall top plate at the eaves. This reduction shall not apply to
the U-factor alternative approach in Section R402.1.4 and the total UA alternative in
Section R402.1.5. At the eaves, the insulation extending over the exterior wall top plate
shall be R-19 minimum.
4.3
Packet Pg. 106
Attachment: Ordinance No. 073, 2017 (IECC) (5667 : SR 072-076 I-Codes)
SLABd
R-
VALUE
&
DEPTH
CRAWLc
SPACE
WALL
R-VALUE
Non-Electric
heat
0.32 0.55 NR 49 20 or
13 + 5
13/17 30 10/13h
15/19i
10,2
ft
10/13h
15/19i
Electric heat
0.30 0.55 NR 49 20+5 15/19 30 15/19 10,3
ft
15/19
For SI: 1 foot = 304.8mm
4.3
Packet Pg. 105
Attachment: Ordinance No. 073, 2017 (IECC) (5667 : SR 072-076 I-Codes)
.
m
2
under a pressure differential
4.3
Packet Pg. 102
Attachment: Ordinance No. 073, 2017 (IECC) (5667 : SR 072-076 I-Codes)
Corridors
Public areas
39
44
44
53
53
52
Movie theaters ≤ 500 seats 48
Churches, small (≤500 seats) 44
Courtrooms 44
Libraries 48
Restaurants 52
Light maintenance shops, industrial plant control rooms, kitchens, and
laundries
62
Shops and garages 67
4.2
Packet Pg. 92
Attachment: Ordinance No. 072, 2017 (IBC) (5667 : SR 072-076 I-Codes)
breaches and joints in the filter material shall be repaired prior to the placement of
the slab. The loop shall be located inside the exterior perimeter foundation walls
and within 12 inches (305 mm) from the perimeter foundation walls. In buildings
where interior footings or other barriers separate the sub-grade area, the mat shall
penetrate these interior footings or barriers to form a continuous loop around the
exterior perimeter.
4.2
Packet Pg. 74
Attachment: Ordinance No. 072, 2017 (IBC) (5667 : SR 072-076 I-Codes)