HomeMy WebLinkAboutVariance Requests - 08/07/2025
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August 7, 2025
Stormwater Department
City of Fort Collins
281 N. College Avenue
Fort Collins, CO 80524 Project # 892-002
Gateway at Prospect BDR200010 – Grading within Erosion Buffer
Variance Description:
This is a request for variance to the standard contained in the Fort Collins Municipal Code, specifically Chapter 10 Flood
Prevention and Protection, Division 7 Erosion Buffer Zones Sec. 10-202. 2J & 2k.
Variance to this Standard will allow for the grading and excavation required for stream stabilization within the erosion
buffer that encompasses the onsite portion of the Boxelder Creek.
Technical Design Criteria:
Grading and excavation along with construction traffic are prohibited in an erosion buffer zone per the City of Fort Collins
Municipal Code. This published requirement is stated below:
Chapter 10 Flood Prevention and Protection – Division 7 Erosion Buffer Zones Sec. 10-202. 2j & 2k
j. Grading or excavation. Grading or excavation is prohibited in an erosion buffer zone, except to the extent
required to carry out development in the erosion buffer zone for which a floodplain use permit has been issued
pursuant to this Article.
k. Construction traffic. Operation of vehicles and equipment in an erosion control buffer zone is prohibited,
except to the extent required to carry out development in the erosion buffer zone for which a floodplain use
permit has been issued pursuant to this Article.
Identifying the issue:
Due to the surrounding development of the Gateway at Prospect backbone project, the adjacent portion of the Boxelder
Creek were studied in response to the City’s concern regarding erosion susceptibility as detailed in the report
“Assessments and Rehabilitation Decision-Making Framework for the Streams of Fort Collins” (January 2012) and the
subsequent “Boxelder Creek/Cooper Slough Basin Water Quality Master Plan” (March 30, 2012). This stretch of Boxelder
Creek delineated as sections R3(XS1-XS3) were given erosion susceptibility risk rating of Medium for both lateral and
vertical movement.
In collaboration with the City, this development commissioned Jacob’s engineering to further study the channel and
provide recommendations. Jacobs’ report “Boxelder Creek at Gateway at Prospect: Stream Stability Study” concluded
that there will need to be grading and excavation done on the Boxelder Creek to reduce velocities and shear stresses to
match either existing conditions or the MHFD criteria during the 100-year event.
This work could either be constructed by the City of Fort Collins as a Capital Improvements project with an unknown
timeline, or it could be constructed by this development as a part of their CLOMR/LOMR efforts. In either case,
construction within the buffer would be necessary.
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Alternatives Considered:
1. Alternative 1: City to provide Stabilization of Boxelder Creek
a. This alternative was discussed at early stages of the project because the work to stabilize Boxelder Creek
has been on the City’s radar as a future capital improvements project. Due to the unknown nature
timing and funding for this capital improvements project, the City would require a substantial amount
of the Gateway land to be reserved for the City to insure enough space to construct the necessary
stabilization improvements. This direction would hamper Development’s ability to grade the areas
adjacent to the stream to limit floodplain and it would hamper the ability for the development to
integrate the natural habitat buffer zone and master planned trail into the ultimate design of the site.
2. Alternative 2: Development to provide Stabilization of Boxelder Creek (Chosen Alternative)
a. AADer multiple meetings with the City, it was agreed that the best path forward would be for the
Development to construct the vast majority of the stream stabilization project. This would allow the
Development to provide a framework that provides for the Development-led floodplain mitigation,
future City master planned trail, Natural Habitat Buffer Zone, stream stabilization project and future
City-led stream rehabilitation project.
b. The benefit of this approach is that vast majority of the stream stability and future stream rehabilitation
projects would be complete, the area would be graded to allow for easier completion of these projects
and as well as the construction of the City trail. Lastly, it would limit the ability of the future
developments along this corridor to disturb the Natural Habitat Buffer Zone along the Boxelder Creek.
c. The Development, in this alternative, would be able to limit the negative-impacts on existing wetlands
within the existing Boxelder Creek low-flow channel by limiting disturbances to this sensitive region.
The future City-led stream rehabilitation project would be able to expand this low-flow channel and
lower banks to increase and enhance the riparian regions.
Justification for Grading and Excavation within the Erosion Buffer Zone:
This request is grounded in the acknowledgement that a stream stabilization project will innately require disturbances
and excavation to the areas adjacent to the Boxelder Creek. This project aims to provide these improvements as a
method to prevent significant future erosion within the Creek; This is an explicit goal of the City. Erosion control
measures including silt fence, construction fencing, and waddles are provided to protect the area during construction and
reestablishment.
Justification for Construction Traffic within the Erosion Buffer Zone:
This request is grounded in the acknowledgement of the fact that in order to do the required grading and excavation for
the stream stabilization, there will need to be construction vehicles in the buffer zone. Erosion control measures and
applicable BMPs like vehicle tracking mats will be implemented prior to construction in order to restrict disturbance to
the area needed for grading and the vehicles themselves.
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Conclusion
We do not feel that this variance will increase risks to public health, safety, or welfare. While we cannot guarantee that
this project will not negatively impact the Creek during construction, this project is being done with the
acknowledgement that no action along the Creek will only allow the existing erosive patterns to continue; thereby
potentially creating worse outcomes long-term. This project team and the City’s inspection staff are dedicated to the
proper erosion control measures being implemented/monitored during construction to limit negative impacts to the
Creek.
This variance is necessary to move-forward the City’s goals of stabilizing this section of the Boxelder Creek and promoting
a healthier stream corridor in the future.
Please call if you have any questions.
Sincerely,
Stephanie Thomas, P.E.
Project Manager