HomeMy WebLinkAbout074 - 06/06/2023 - AMENDING THE LAND USE CODE TO INCLUDE REGULATIONS FOR MAKING WATER ADEQUACY DETERMINATIONS (POSTPONEPostponed Indefinitely on First Reading
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ORDINANCE NO. 074, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO INCLUDE REGULATIONS FOR
MAKING WATER ADEQUACY DETERMINATIONS
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of
staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, pursuant to Colorado Revised Statutes (“C.R.S.”) Section 29-20-301, et seq.,
the City may not approve an application for a development permit until the City has determined
that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate;
and
WHEREAS, water is an increasingly scarce resource and ensuring that a proposed
development will have an adequate water supply is essential to protecting public health, safety,
and welfare, and ensuring that growth and development within the City is sustainable; and
WHEREAS, the City wishes to update and formalize its water adequacy determination
process by adopting the procedure and standards set forth in this Ordinance; and
WHEREAS, on April 26, 2023, the Planning and Zoning Commission unanimously
recommended that City Council not adopt the proposed water adequacy determination Land Use
Code Changes to allow more time for consideration of the impacts of the timing of the
determination, the implications of Section 3.13.5(C)(5) for applicants and water suppliers, in
particular regarding the ability of an applicant to appeal the decision of a water supplier; and
WHEREAS, City Council finds that the water adequacy determination provisions set forth
in this Ordinance are in the best interests of the City of Fort Collins.
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 3.7.3 of the Land Use Code is hereby amended by the addition
of a new Subsection (G) which reads in its entirety as follows:
3.7.3 - Adequate Public Facilities
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. . .
(G) Water Supply Adequacy. The determination required by C.R.S. § 29-20-301, et
seq., whether the proposed water supply for development is adequate and is not
addressed in this Section but is set forth in Division 3.13.
Section 3. That the Land Use Code is hereby amended by the addition of a new
Division 3.13 which reads in its entirety as follows:
Division 3.13 - Water Adequacy Determinations
Section 3.13.1 Purpose.
The general purpose of this Division is to establish the standards and procedures by which
the adequacy of proposed water supplies for development are reviewed and determined
pursuant to C.R.S. § 29-20-301, et seq. The specific purposes are to:
(1) Fulfill the C.R.S. § 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its
sole discretion, after considering the application and all of the information
provided, that the applicant has satisfactorily demonstrated that the
proposed water supply will be adequate.”;
(2) Protect public health, safety, and welfare by ensuring that the water supplies
for developments are adequate;
(3) Ensure that growth and development in the City occur in a planned and
coordinated manner;
(4) Ensure that the City is provided with reliable information concerning the
adequacy of developments’ proposed water supplies to inform the City, in
the exercise of its discretion, in the approval of development applications
and permits;
(5) Promote safe, efficient, and economic use of public resources in developing
and providing water; and
(6) Ensure City participation in the review and approval of development plans
that pass through and impact City residents, businesses, neighborhoods,
property owners, and resources.
Section 3.13.2 Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded,
or increased water use, whether potable or non-potable, within the incorporated municipal
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boundaries of the City. No such development or redevelopment shall be approved and allowed
to proceed unless the Director has determined that the proposed water supply for the
development or redevelopment is adequate.
(1) Temporary non-potable water supply systems to establish native vegetation
are exempt from these requirements if the term of use is three (3)
consecutive years or less and identified as such on an approved landscape
plan.
(2) Except as stated in Subsection 3.13.5(D), the modification of standards
review set forth in Division 2.8 shall not apply to this Division 3.13.
Section 3.13.3 Application.
(A) Application Timing. An applicant seeking a water adequacy determination shall
file an application with the Director pursuant to this Division at the same time as
submitting an application for final plan or basic development review, as outlined in
Divisions 2.5 and 2.18, unless the application timing is altered pursuant to the
following:
(1) Upon written request at the time of application, the Director may defer the
timing of an application for a water adequacy determination for potable or
non-potable water until submittal with a development construction permit
(Division 2.6) if the Director determines such timing will not substantially
interfere with or otherwise make it more difficult to determine whether the
proposed water supply is adequate.
(2) Upon written request at the time of application, the Director may defer the
timing of an application for a water adequacy determination for potable
water until submittal with a building permit (Division 2.7), if the provider
is an established potable water supply entity and the Director determines
such timing will not substantially interfere with or otherwise make it more
difficult to determine whether the proposed water supply is adequate.
(B) Separate Applications. The applicant shall file separate applications for water
adequacy determinations for each portion of the development served by different
water supply entities or water supply systems unless the Director determines that a
single combined application can fully describe and provide needed information and
be effectively analyzed. Subsequent sections in this Division provide distinctions
in the evaluation process for established potable water supply entities, other potable
water supply entities, and non-potable water supply entities.
(C) Material Changes. The City shall make a determination that a proposed water
supply is adequate only once for each portion of a development served by a
different potable or non-potable water supply entities or water supply systems
during the development review process unless the water demands or supply of the
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portion of the development for which approval is sought are materially changed.
The Director shall determine whether changes to the water demands or supply for
any development or redevelopment are material and require a new water adequacy
determination. The Director’s determination that a material change has occurred is
not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
(D) Application After Director Denial. If the Director denies an application for a water
adequacy determination, the applicant may submit another application at any time,
subject to applicable fees, that addresses the stated reason or reasons for denial.
Section 3.13.4 - Procedures and Standards for Water Adequacy Determinations: Established
Potable Water Supply Entities
(A) Application Requirements.
(1) Requests under this Section shall include a letter as described in Subsection
(a), unless exempted pursuant to Subsection (b).
(a) A letter prepared by a registered professional engineer or by a water
supply expert from the established potable water supply entity that
contains the following information:
1. An estimate of the water supply requirements for the
proposed development through build-out conditions;
2. A description of the established potable water supply entity’s
water supply system and the physical source(s) of water
supply that will be used to serve the proposed development.
If the proposed source(s) includes groundwater, this
description must include water quality test results and results
of an analysis into the potential impact on water treatment
processes or the quality of delivered potable water;
3. An estimate of the amount of water yield projected from the
proposed water supply system and water rights portfolio
under various hydrologic conditions;
4. Water conservation and/or water demand management
measures, if any, that may be implemented within the
proposed development;
5. Results from analyses performed demonstrating the ability
for the proposed water supply to meet demands of the
proposed development under various hydrologic conditions;
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6. An affidavit signed by the entity manager attesting that to
the best of their knowledge, the entity is in compliance with
all applicable regulations; and
7. Such other information as may be required by the Director
in order to determine whether the proposed water supply will
be adequate.
All letters shall be provided to City Council for informational purposes only and kept on
file with the City’s Community Development and Neighborhood Services Department. At
the established potable water supply entity's discretion, the letter may describe their entire
service area and be submitted for a determination once updated as required based on any
material changes to any of the requirements in this Section or in their reported supply as
described in Subsection 3.13.3(C). If the letter describes the entire service area, then the
entity does not need to resubmit the approved letter with each letter as outlined in
Subsection 3.13.4(A)(2) but should be referenced within the letter content in addition to
what is outlined in Subsection 3.13.4(A)(2).
(b) The letter described in Subsection (a) shall not be required if the
established potable water supply entity has a water supply plan, or
other plans that cumulatively provide the information, that:
1. Has been reviewed and updated, if appropriate, within the
previous ten years by the governing board of the established
potable water supply entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be
implemented within the service area;
4. Lists the water demand management measures, if any, that
may be implemented within the development or service area;
5. Includes a general description of the established potable
water supply entity's water obligations, such as a general
description of customer demands and operational water
delivery obligations, such as augmentation requirements and
return flow obligations;
6. Includes a general description of the established potable
water supply entity's water supply system and water rights
portfolio; and
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7. Includes an affidavit signed by the entity manager attesting
that, to the best of their knowledge, the entity is in
compliance with all applicable regulations.
All water supply plans, or other plans that cumulatively provide the information required
above shall be provided to City Council for informational purposes only and kept on file
with the City’s Community Development and Neighborhood Services Department. The
Director may defer providing the Council with any water supply plan or other plans until
such time as the established potable water supply entity updates their existing water supply
plan. Once the plan, or plans, are on file, they do not need to be resubmitted with each letter
as outlined in Subsection 3.13.4(A)(2) but should be referenced within the letter content in
addition to what is outlined in Subsection 3.13.4(A)(2).
(2) Requests for a water adequacy determination for all or portions of a
development to be served with potable water by an established potable
water supply entity shall be in a form as required by the Director. Such
requests shall include a letter prepared by a registered professional engineer
or by a water supply expert from the established potable water supply entity:
(a) Identifying the portions of a development to be served with potable
water by the established potable water supply entity;
(b) Stating its ability to provide an adequate water supply for the
proposed development;
(c) Stating it is willing to commit to provide an adequate water supply
for the proposed development including any conditions of the
commitment; and
(d) Providing the length of time the letter is valid for should the
proposed development not occur immediately.
(B) Review of Application. The Director shall promptly review the application and
associated materials concurrently with the required Final Plan, Basic Development
Review, Development Construction Permit, or Building Permit application.
(C) Standards. To issue a determination that a proposed water supply is adequate under
this Section, the Director must find that the statements in the application and
associated materials are complete, correct, and reliable.
(D) Decision.
(1) Based upon the information provided by the applicant and developed by the
City and any consultants, the Director shall issue all water adequacy
determinations pursuant to this Section in writing including specific
findings and shall either:
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(a) Approve the application finding that the proposed water supply is
adequate;
(b) Approve the application with conditions finding the proposed water
supply is adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is
inadequate.
(2) All water adequacy determinations shall become part of the plan set for the
associated development application, if approved. The Director shall
maintain a record of all information submitted or developed upon which any
water adequacy decision was based, and that record shall become part of the
associated development application.
(3) The Director may impose conditions of approval that when met, as
determined by the Director, will bring the proposed water supply into
compliance with all applicable standards set forth in this Section. No
building permit may be issued until all conditions have been met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use
Code or Code of the City of Fort Collins.
Section 3.13.5 - Procedures and Standards for Water Adequacy Determinations: Other
Potable Water Supply Entities
(A) Application Requirements for Other Potable Water Supply Entities. Applications
for a water adequacy determination for all or portions of a development to be served
with potable water by other potable water supply entities shall be in a form as
required by the Director. Such applications shall include all of the following:
(1) A summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed
development through build-out conditions;
(b) A description of the potable water supply entity’s water supply
system and the physical source of water supply that will be used to
serve the proposed development. This should include water quality
test results and proposed methods of water treatment from a
registered professional engineer or water supply expert;
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(c) A description of all elements of the water rights portfolio either
owned or planned for acquisition required for proposed water
supply;
(d) An estimate of the amount of water yield projected from the
proposed water supply under various hydrologic conditions;
(e) Water demand management measures, if any, that may be
implemented within the development to account for hydrologic
variability; and
(f) Description of all water conservation measures to be applied in the
development and how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to
create the proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new
system and how those fees compare with those charged by the established
potable water supply entities. This assessment should include consideration
of any metro district, homeowners’ or property owners’ association, or other
taxes or fees that are also uniquely applicable to the proposed development
to be served by the other potable water supply entity.
(5) Approval documentation from other regulatory agencies such as CDPHE.
At the Director’s discretion, this information may substitute in whole or in
part for the application requirements set forth in this Section. If additional
approvals will be required, provide an explanation of how those approvals
will be obtained, and at the Director’s discretion, the additional approvals
may be required as conditions of approval.
(6) Detailed process diagrams stamped by a registered professional engineer on
any proposed water treatment processes as well as how any waste products
created from the treatment process will be properly disposed of.
(7) Such other information as may be required by the Director in order to
determine whether the proposed water supply will be adequate.
(8) An other potable water supply entity with an approved ODP or PUD
Overlay as outlined in Division 2.3 and Division 2.15 that includes the
entire proposed service area, may at either the other potable water supply
entity’s, or Director’s discretion, submit an application that describes their
entire proposed service area once with the initial phase of development and
then update the initial determination with a letter from a professional
engineer for each subsequent phase with the information required in
Subsection 3.13.4(A)(2); or as required based on any material changes to:
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(a) Any of the requirements set forth in this Section;
(b) The reported water supply as set forth in Section 3.13.3(C); or
(c) The proposed development, as determined by the Director.
(B) Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this
Section, the applicant shall agree in writing to reimburse the City for all
costs associated with reviewing the application and associated materials,
including costs associated with consultants hired to assist the Director’s
review. No water adequacy determination shall be issued unless and until
all such costs have been paid to the City. The fee assessed by the City shall
not exceed the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant
following the completion of the agreement identified in Subsection
3.13.5(B)(1). The time needed for the Director’s review shall be
based on the complexity of the application, the proposed water
supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be
entitled to require any such additional or supplemental information
from the applicant as may be required to review and ensure
compliance with all review criteria.
(c) The review will be completed concurrently with the required Final
Plan, Basic Development Review, Development Construction
Permit, or any plan amendments as specified in Section 3.
(C) Standards. To issue a water adequacy determination under this Section, the
Director must find that the application and associated materials establish that:
(1) The quality of the proposed potable water supply will be sufficient for build-
out of the proposed development by:
(a) Providing potable water to the development of a quality that meets
or exceeds all state and federal water quality standards;
(b) Providing potable water to the development of a quality equal to or
better than the quality of potable water provided by the City of Fort
Collins as measured by appropriate water quality aspects; and
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(c) Establishing and maintaining a water supply entity that has the
technical expertise and resources to maintain the quality of the water
supply for the lifetime of the development.
(2) The quantity of the proposed potable water supply will be sufficient for
build-out of the proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of
water, that takes into account any impacts if multiple users have
rights to use water from a single source, such as an aquifer;
(b) Having ability to acquire a water rights portfolio that provides a
permanent firm yield equal to or greater than the maximum assumed
demand in all hydrological conditions, including a modeled one-in-
fifty year drought or equivalent or more stringent standard, when
taking into consideration reasonable transit and other losses and all
applicable obligations, including augmentation requirements and
return flow obligations; and
(3) For lands to be served by tributary groundwater, establishing that the plan
for augmentation will operate to provide a permanent firm yield equal to or
greater than the maximum assumed demand in all hydrological conditions,
including a modeled one-in-fifty year drought or equivalent or more
stringent standard, when taking into consideration reasonable losses and all
applicable obligations, including augmentation requirements and return
flow obligations for the lifetime of the development.
(4) The dependability of the proposed potable water supply will be sufficient
for build-out of the proposed development by:
(a) Establishing that the water supply system includes sufficient
redundancy equal to or better than the redundancy of the City of Fort
Collins system;
(b) If the water supply system includes a water treatment facility,
include the class of facility and treatment processes and provide
information that the level of operations is equivalent or better as
required by CDPHE, and demonstrate how the facility operators will
ensure they have the technical expertise and resources to operate the
treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-
products;
(c) Establishing that the water supply system and water rights portfolio
can operate during water supply shortages and emergencies,
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including infrastructure issues, natural disasters, and long-term
climate change; and
(d) Establishing and maintaining a water supply entity that can oversee
and maintain the water supply system and water rights portfolio for
the lifetime of the development.
(5) The availability of the proposed potable water supply will be sufficient for
build-out of the proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the
necessary property rights and resources to build and operate the
proposed water supply system;
(b) For lands to be served by tributary groundwater, establishing that
the proposed use of the tributary groundwater is sustainable with
evidence of assured supply for the lifetime of the development; and
(c) For lands within the water service area of an established potable
water supply entity, establishing that the lands to be served by the
other potable water supply entities have been removed from the
water service area of the established potable water supply entity; or
the established potable water supply entity consents to the proposed
service by the other potable water supply entity. The Director may,
however, waive this requirement if an established potable water
supply entity is incapable of providing a reasonable level of service
to the proposed development.
(D) Modification of Standards. If a potable water supply entity cannot meet the
standards set forth above in Subsection 3.13.5(C), with the exception of
3.13.5(C)(5)(c) which shall not be subject to modification, then they may seek a
modification of standards pursuant to Division 2.8 with the Director as the
designated decision maker. In addition to the four standards set forth in Section
2.8.2(H) for granting a modification, the Director may also grant a modification if
such modification would not be detrimental to the public good and the standard as
modified is comparable to an existing standard already being employed by another
established potable water supply entity. The Director’s decision regarding a
requested modification of standards is not subject to appeal pursuant to the Land
Use Code or Code of the City of Fort Collins.
(E) Decision.
(1) Based upon the information provided by the applicant and developed by the
City and any consultants, the Director shall issue all water adequacy
determinations in writing including specific findings and shall either:
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(a) Approve the application finding that the proposed water supply is
adequate;
(b) Approve the application with conditions finding the proposed water
supply is adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is
inadequate.
(2) All water adequacy determinations shall become part of the plan set for the
associated development application, if approved. The Director shall
maintain a record of all non-privileged information submitted or developed
upon which the water adequacy determination was based for the proposed
water supply and proposed water supply system, and that record shall
become part of the associated development application.
(3) The Director may impose conditions of approval that when met, as
determined by the Director, will bring the proposed water supply into
compliance with all applicable standards set forth in this Section, including
conditions that the applicant acquire the required water right decrees and
water contracts for the water supply system; and/or the applicant completing
construction of all infrastructure for the water supply system. No building
permit may be issued until all conditions have been met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use
Code or Code of the City of Fort Collins.
(5) The Director shall require a disclosure, recorded by the Larimer County
Clerk, to be provided at the time of all property sales or transfers that the
water supply for the development is being provided by the approved entity.
Section 3.13.6 - Procedures and Standards for Water Adequacy Determinations: Non-
Potable Water Supply Entities
(A) Application Requirements for Non-Potable Water Supplies. Applications for a
water adequacy determination for all or portions of a development to be served with
non-potable water shall include all of the following:
(1) Summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed
development through build-out conditions;
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(b) A description of the water supply system and physical source of
water supply that will be used to serve the proposed development.
This description must include water quality test results and results
of an analysis investigating any limitations of use due to poor
quality;
(c) A description of all elements of the water rights portfolio either
owned or planned for acquisition, contracts, and/or IGAs required
for the proposed water supply;
(d) An estimate of the amount of water yield projected from each
proposed water supply source under various hydrologic conditions.
For surface water sources, this should include results of an analysis
of historical temporal availability of the proposed supplies
throughout the year, annual volumetric yield, and the frequency and
flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual
volumetric limits, and their temporal availability of the proposed
supplies throughout the year, including any augmentation
requirements;
(e) Water demand management measures, if any, that may be
implemented within the development to account for hydrologic
variability; and
(f) Description of all water conservation measures to be applied in the
development and how they would be enforced and effectuated. At a
minimum, smart controllers and flow meters are required per the
Land Use Code.
(3) Financial documentation showing that the proposed provider is able to
create the proposed water supply system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to
or better than City water conservation requirements including those outlined
in Division 3.2.
(5) Approval documentation from other regulatory agencies, including the
established potable water supply entity whose service area contains the
proposed non-potable system when applicable. At the Director’s discretion,
this information may substitute in whole or in part for the application
requirements set forth in this Section.
(6) Such other information as may be required by the Director.
(B) Review of Application.
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(1) Agreement on Costs. Prior to the City reviewing any application under this
Section, the applicant shall agree in writing to reimburse the City for all
costs associated with reviewing the application and associated materials,
including costs associated with consultants hired to assist the Director’s
review. No water adequacy determination shall be issued unless and until
all such costs have been paid to the City. The fee assessed by the City shall
not exceed the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant
following the completion of the agreement identified in Subsection
3.13.6(B)(1). The length of the Director’s review shall be based on
the complexity of the application, the proposed water supply, and
proposed water supply system.
(b) Following the submission of the application, the Director shall be
entitled to require any such additional or supplemental information
from the applicant as may be required for the Director’s review.
(c) Applications for water adequacy determinations for Non-potable
systems shall be submitted at the same time as Development
Construction Permit for review.
(C) Standards. To issue a water adequacy determination under this Section, the Director
must find that the application and associated materials establish that:
(1) The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by providing non-potable water to
the development of a quality sufficient to meet all planned landscape needs
and other intended non-potable water uses shown in the approved landscape
or utility plans;
(2) The quantity of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of
water;
(b) Having a water rights portfolio that provides a permanent firm yield
equal to or greater than the maximum daily water requirement
(accounting for typical conveyance and irrigation and other
inefficiencies) under various hydrological conditions, including a
modeled one-in-fifty year drought or equivalent or more stringent
standard, when taking into consideration all applicable obligations,
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including augmentation requirements and return flow obligations;
and
(c) For lands to be served by tributary groundwater, establishing that
the plan for augmentation will operate to provide a permanent firm
yield equal to or greater than the maximum assumed demand under
various hydrological conditions, including a modeled one-in-fifty
year drought or equivalent or more stringent standard, when taking
into consideration all applicable obligations, including
augmentation requirements and return flow obligations.
(3) The dependability of the proposed non-potable water supply will be
sufficient for build-out of the proposed development by:
(a) If the non-potable water supply system includes treatment,
establishing that the treatment can and will operate sustainably in a
manner that is economical, safe, and that does not produce any
harmful by-products; and
(b) Establishing and maintaining a water supply entity that has the
technical expertise and resources to oversee and maintain the non-
potable water supply system.
(4) The availability of the proposed water supply will be sufficient for build-
out of the proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the
necessary property rights and resources to build and operate the
proposed non-potable water supply system; and
(b) For lands to be served by tributary groundwater, establishing that
the proposed use of the tributary groundwater is sustainable with
evidence of assured supply for the lifetime of the development.
(D) Decision.
(1) Based upon the information provided by the applicant and developed by the
City and any consultants, the Director shall issue all water adequacy
determinations in writing including specific findings and shall either:
(a) Approve the application finding that the proposed water supply is
adequate;
(b) Approve the application with conditions finding the proposed water
supply is adequate provided the conditions are met; or
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(c) Deny the application finding that the proposed water supply is
inadequate.
(2) The written determination shall be included in the plan set for the associated
development application, if approved. The Director shall maintain a record
of all non-privileged information developed to review the proposed water
supply and proposed water supply system and that record shall become part
of the associated development application.
(3) The Director may impose conditions of approval that when met, as
determined by the Director, will bring the proposed water supply into
compliance with all applicable standards set forth in this Section, including
conditions that the applicant acquire the required water right decrees and
water contracts for the water supply system. No building permit may be
issued until all conditions have been met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use
Code or Code of the City of Fort Collins.
Section 4. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of the following ten definitions which read in their entirety as follows:
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a
supply of water for the lifetime of the type of development proposed and may include
reasonable conservation measures and water demand management measures to account
for hydrologic variability.
Established potable water supply entities shall mean the City of Fort Collins, the East
Larimer County Water District, the Fort Collins-Loveland Water District, the Sunset
Water District, and the West Fort Collins Water District.
Non-potable water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-potable water supply entities shall mean the water supply entities, either
established potable water supply entities or other water supply entities that provide
water that does not meet the state and federal standards for human consumption to
developments for the beneficial uses of non-potable water.
Other potable water supply entities shall mean the water supply entities other than the
established potable water supply entities that provide potable water service, including
new proposed water supplies.
Postponed Indefinitely on First Reading
May 16, 2023
Potable water shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water adequacy determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water
conservancy district, water conservation district, water authority, or other public or
private water supply entity that supplies, distributes, or otherwise provides water at
retail.
Water rights portfolio shall mean all rights to water, including water rights, contracts,
and agreements associated with water supplies that are used to meet demands. A water
rights portfolio that includes non-renewable or non-perpetual water supplies does not
mean that the entire portfolio is not renewable and/or sustainable.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
Introduced, considered favorably on first reading and ordered published this 16th day of
May, 2023, and to be presented for final passage on the 6th day of June, 2023.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of June, 2023.
Mayor
ATTEST:
City Clerk