HomeMy WebLinkAbout09/19/2024 - Planning and Zoning Commission - AGENDA - Regular MeetingPlanning and Zoning Commission Page 1 September 19, 2024
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Regular Hearing
September 19, 2024
6:00 PM
Julie Stackhouse, Chair City Council Chambers - City Hall West
Adam Sass, Vice Chair 300 Laporte Avenue
Russell Connelly Fort Collins, Colorado
David Katz
Shirley Peel Virtual (Zoom or Telephone)
Ted Shepard Cablecast on FCTV Channel 14 on Connexion &
York Channels 14 & 881 on Comcast
Hearing Agenda
Participation for this hybrid Planning and Zoning Commission meeting will be available online, by phone, or in
person.
Public Participation (In Person): Individuals who wish to address the Planning & Zoning Commission in person may
attend the meeting located in City Council Chambers at City Hall, 300 Laporte Ave.
Public Participation (Online): Individuals who wish to address the Planning & Zoning Commission via remote
public participation can do so through Zoom at https://fcgov.zoom.us/j/92730103912 Individuals participating in
the Zoom session should also watch the meeting through that site.
The meeting will be available to join beginning at 5:45 p.m. on September 19, 2024. Participants should try to sign
in prior to 6:00 p.m. if possible. For public comments, the Chair will ask participants to click the “Raise Hand”
button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all
participants have an opportunity to address the Commission.
(Continued on next page)
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Planning and Zoning Commission Page 2 September 19, 2024
• ROLL CALL
• AGENDA REVIEW
• PUBLIC PARTICIPATION
Individuals may comment on items not specifically scheduled on the hearing agenda, as follows:
• Those who wish to speak are asked to sign in at the podium if they are in person
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker should state their name and address and keep their comments to the allotted time.
• Any written materials should be provided to the Secretary for record-keeping purposes.
• In person participates will hear a timer beep once and the time light will turn to yellow to indicate that
30 seconds of speaking time remains and will beep again and turn red when a speaker’s time to speak
has ended.
• CONSENT AGENDA
The Consent Agenda is intended to allow the Planning and Zoning Commission to quickly resolve items that
are non-controversial. Staff recommends approval of the Consent Agenda. Anyone may request that an
item on this agenda be “pulled” for consideration within the Discussion Agenda, which will provide a full
presentation of the item being considered. Items remaining on the Consent Agenda will be approved by the
Planning and Zoning Commission with one vote.
The Consent Agenda generally consists of Commission Minutes for approval, items with no perceived
controversy, and routine administrative actions.
Public Participation (Phone): If you do not have access to the internet, you can call into the hearing via phone.
Please dial: 253-215-8782 or 346-248-7799, with Webinar ID: 927 3010 3912.
The meeting will be available beginning at 5:45 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For
public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak
at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure
all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted
status. If you have any technical difficulties during the hearing, please email mmatsunaka@fcgov.com.
Documents to Share: If residents wish to share a document or presentation, City Staff needs to receive those
materials via email by 24 hours before the meeting. Please email any documents to mmatsunaka@fcgov.com.
Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged
to participate by emailing general public comments you may have to devreviewcomments@fcgov.com . Staff will
ensure the Commission receives your comments. If you have specific comments on any of the discussion items
scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting.
As adopted by City Council Ordinance 143, 2022, a determination has been made by the chair after consultation
with the City staff liaison that conducting the hearing using remote technology would be prudent.
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Planning and Zoning Commission Page 3 September 19, 2024
1. Draft Minutes for the P&Z July Regular Hearing
The purpose of this item is to approve the draft minutes of the July 18, 2024, Planning and Zoning
Commission hearings.
2. Draft Minutes for the P&Z August Regular Hearing
The purpose of this item is to approve the draft minutes of the August 15, 2024, Planning and Zoning
Commission hearing.
• DISCUSSION AGENDA
117 N. Mason St. – Seasonal Overflow Shelter
This is a request to establish a men’s seasonal overflow shelter at 117
N. Mason in a 2,408 square foot portion of the existing building. The
shelter will be overnight only and open November –
off of N.
City of Fort Collins
300 Laporte Ave
STAFF ASSIGNED:
• OTHER BUSINESS
• ADJOURNMENT
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Agenda Item 1
Item 1, Page 1
Planning and Zoning Commission
STAFF
Melissa Matsunaka, Sr. Project Coordinator
SUBJECT
MINUTES OF THE JULY 18, 2024 P&Z HEARING
EXECUTIVE SUMMARY
The purpose of this item is the consideration and approval of the draft minutes of the July 18, 2024 Planning &
Zoning Commission hearing.
ATTACHMENTS
1. Draft July 18, 2024 P&Z Minutes
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Julie Stackhouse, Chair Virtual Hearing
Adam Sass, Vice Chair City Council Chambers
Russell Connelly 300 Laporte Avenue
David Katz Fort Collins, Colorado
Shirley Peel
Ted Shepard Cablecast on FCTV, Channel 14 on Connexion &
York Channels 14 & 881 on Comcast
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 (TDD 224-
6001) for assistance.
Regular Hearing
July 18, 2024
Chair Stackhouse called the meeting to order at 6:00 p.m.
Roll Call: Katz, Sass, Stackhouse, Connelly, Peel, York, Shepard
Absent: None
Staff Present: Frickey, Yatabe, Myler, Mounce, Keith, Guidarelli, Manno, and Matsunaka
Chair Stackhouse provided background on the Commission’s role and what the audience could expect as to the
order of business. She described the role of the Commission and noted that members are volunteers appointed by
City Council. The Commission members review the analysis by staff, the applicants’ presentations, and input from
the public and make a determination regarding whether each proposal meets the Land Use Code. She noted that
this is a legal hearing, and that she will moderate for civility and fairness.
Agenda Review
Planning Manager Clay Frickey reviewed the items on the Consent and Discussion agendas, stating that all items
will be heard as originally advertised.
Public Input on Items Not on the Hearing Agenda
None.
Planning and Zoning
Commission Minutes
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ITEM 1, ATTACHMENT 1
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Consent Agenda:
1. Draft Minutes for the P&Z May Regular Hearing
The purpose of this item is to approve the draft minutes of the May 16, 2024, Planning and Zoning Commission
hearing.
Commissioner York made a motion to approve the Consent Agenda for the July 18, 2024, hearing as
originally advertised. Commissioner Peel seconded the motion. Yeas: Shepard, Katz, Connelly, York,
Sass, Peel, and Stackhouse. Nays: none.
THE MOTION CARRIED.
Discussion Agenda:
2. East Mulberry Structure Plan Map Change
Project Description: This is a request for the Planning and Zoning Commission to provide a recommendation to
City Council regarding proposed changes to the Structure Plan Map following the recommended Place Type
changes outlined in the East Mulberry Plan. The proposed changes encompass approximately 500 acres and
reflect the changes previously presented and discussed with the Planning and Zoning Commission leading up to
the adoption of the East Mulberry Plan in December 2023. Proposed changes are summarized in the staff report
and do not deviate from what was included with the adopted version of the 2023 East Mulberry Plan.
Recommendation: Approval
Staff Presentation
Megan Keith, Senior Planner, stated this item pertains to updating the Structure Plan Map in City Plan with the
changes to Place Type as recommended and adopted in the East Mulberry Plan. Keith noted the proposed
changes are the same as those discussed during the development of the East Mulberry Plan. Keith noted the
Structure Plan Map uses Place Type designations to help create the framework for the ultimate build out of Fort
Collins, and they are broader categories that provide guidance about land use and development intensity.
Additionally, Place Types allow more flexibility when assigning zoning because there are often multiple zone
districts that could be associated with a Place Type.
Keith stated the proposed changes can primarily be categorized as updates that help better match the current land
use condition or help provide additional flexibility as the East Mulberry corridor continues to evolve in the future.
Janelle Guidarelli, Associate Planner, discussed each of the proposed Structure Plan Map changes, noting the
largest potential change is for the area northeast of the Air Park, which is being proposed to be changed from
Industrial and Mixed Neighborhood to the R and D Flex Place Type, which better reflects how the properties exist
today, but also focuses on the future of any potential development. Guidarelli noted the changes add up to just over
500 acres and all align with goals and strategies found in the East Mulberry Plan.
Commission Questions
Commissioner Shepard asked if R and D Flex is part of the Light Industrial definition, or if the definition needs to be
expanded to include R and D Flex. Keith replied that could be considered during the phase two Land Use Code
updates.
Commissioner Shepard commented on the Oak Street Townhomes project that was considered at the
Commission’s May meeting, noting it benefitted from a Land Use Code provided opportunity to allow a zoning
district to cross a line by no more than fifty feet. He asked if the same concept would apply between Place Types
to provide similar flexibility. Clay Frickey, Planning Manager, replied that Land Use Code still contains that
standard.
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Commissioner Shepard asked about staff’s interpretation for schools that may be in a Place Type; however,
schools are not mentioned. Guidarelli replied the Heritage Cristian Academy is located in the East Mulberry
corridor and it will be moved to the R and D Flex Place Type to allow it to be given an employment or institutional
use zoning.
Chair Stackhouse commended the presentation and asked about the reassigning of Pleasant Acres and Boxelder
from the Suburban Neighborhood Place Type to the Rural Neighborhood Place Type. Keith replied there are no
disadvantages to the shift and staff felt like the Rural Neighborhood Place Type more accurately reflected the
character and quality of the area. Additionally, there was a great deal of engagement from residents within the area
indicating a desire to keep a more rural character and quality for the neighborhoods.
Chair Stackhouse asked if this Place Type change would make redevelopment of the neighborhoods more difficult.
Keith replied the corresponding zoning for the Place Type is more characteristically less dense zone districts;
however, there is some flexibility within those zone districts that some redevelopment could occur. Keith stated that
issue could be further discussed.
Commissioner Shepard noted there is a gap in density between Urban Estate and Low-Density Mixed-Use
Neighborhood and stated this appears to be an opportunity to support filling in that gap as those lots are not half
acre minimums, and it is not prototypical Urban Estate or LMN. He suggested this would provide an opportunity for
a zoning that lies between two and four units per acre.
Public Input
None.
Commission Questions / Deliberation
Commissioner Katz reiterated the residential density zoning gap brought up by Commissioner Shepard.
Additionally, he asked why Industrial zoning was excluded from the Suburban Mixed-Use Place Type. Guidarelli
replied the table that was included with the Place Type and corresponding Zone Districts was originally developed
in City Plan and replicated for the East Mulberry Plan with a few minor adjustments. Guidarelli stated there are a
number of businesses that exist around the edges of the Mulberry corridor that look or feel industrial, and staff feels
the flexibility of the Place Type of Suburban Mixed-Use can mostly accommodate most of those lighter industrial
uses versus some more heavy industrial uses that exist in other areas of the corridor.
Frickey stated General Commercial can accommodate many of those uses, as is similar to the Mason corridor
between Horsetooth and Harmony. Additionally, he noted the I-25 Subarea Plan calls for the Mulberry corridor
being more commercial and less industrial.
Commissioner Katz commented on the need to be sensitive to existing business owners to ensure compliance with
future zoning. Keith stated staff does not anticipate any functionality or land use to be non-conforming upon
annexation aside from the more industrial agricultural businesses around the interchange, from a land use
perspective. Keith also stated that one of the goals of the Plan is to preserve those uses and allow industrial uses
to continue, it is seeking to build in additional flexibility to help some of those uses come into compliance either over
time or with additional flexibility being provided.
Commissioner Sass encouraged staff to ensure adequate due diligence has occurred to make sure the non-
conforming uses that are going to have the Structure Plan dropped on top of them understand the ramifications
moving forward. He supported the development of a Place Type that will assist those property owners.
Chair Stackhouse requested staff comment on the outreach done to the particular businesses in question and the
extent to which they understand future ramifications. Keith noted all of these Place Type definitions have existed
for this area since City Plan was updated in 2019 and noted there was a robust outreach for this project dating back
many years prior to the adoption of the Subarea Plan that included neighborhood meetings and a great deal of
engagement from businesses, particularly in the Air Park area. Keith also noted the majority of the land use Place
Types were previously in existence and have provided guidance for the area for some time.
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Commissioner Sass noted the area is not being voluntarily annexed.
Commissioner Peel asked how many businesses this annexation will affect. Keith replied staff has not done that
exact calculation, but the City has very good data about all the businesses within the corridor.
Commissioner Peel commented on the importance of ensuring the businesses are considered as some businesses
on South College are still having issues after being annexed thirteen years ago.
Commissioner Connelly asked how recently the business outreach occurred. Keith replied the most recent
outreach process that was part of the East Mulberry Plan update effort was in the fall of 2023 with the Plan
adoption occurring in December of 2023.
Chair Stackhouse commented on the extensive outreach done through personal visits with businesses.
Commissioner Shepard suggested looking at definitions that are applicable to the area, or even city-wide, during
the next Land Use Code update process to ensure today’s economy is being captured in terms of flexibility, multi-
tenant, and other more broad terms.
Commissioner Katz asked about the zoning along the Mulberry frontage prior to the proposed changes. Keith
replied it was also a commercial designation and even the 2002 East Mulberry Plan had a similar recommendation.
Commissioner Katz questioned whether the Commission could add wording to its recommendation that would add
the flexibility discussed given there will be issues with non-conforming uses.
Commissioner Peel asked if this will be a situation wherein the City’s Business Liaison, Michael Bussman, would
assist a business which applies for a non-conforming use. Frickey replied utilizing some staff resources from
Economic Health could certainly be appropriate.
Ryan Mounce, City Planner, noted the current commercial designation along the Mulberry frontage has existed
since the original East Mulberry Corridor Plan from 2002 and it does allow for many of the existing uses. Mounce
stated staff does not anticipate having a great deal of non-conforming uses as the General Commercial zone
district does allow light industrial uses and some uses with outdoor storage such as retail and supply yards.
Mounce also noted the Code does have some flexibility in dealing with non-conforming uses in that they are
allowed to expand their operations up to 25%. Additionally, there have been some conversations about making the
non-conforming use process more flexible as part of the phase two Land Use Code updates.
Commissioner Katz expressed support for making a recommendation as is.
Chair Stackhouse also expressed support for moving forward with a favorable recommendation to Council.
Commissioner Shepard thanked staff for their work to make the Structure Plan conform to the newly adopted East
Mulberry Plan.
Commissioner Katz made a motion that the Fort Collins Planning and Zoning Commission recommend that
City Council approve the proposed Structure Plan Map amendments finding that the Structure Plan Map is
in need of the proposed amendments, and the proposed amendments will promote the public welfare and
will be consistent with the vision, goals, principles, and policies of City Plan and its elements. This
recommendation is based upon the agenda materials, the information and materials provided at the work
session and this hearing, and the Commission’s discussion. Commissioner Peel seconded. Yeas:
Shepard, Katz, Connelly, York, Sass, Peel, and Stackhouse. Nays: none.
THE MOTION CARRIED.
For more complete details on this hearing, please view our video recording located here:
https://www.fcgov.com/fctv/video-archive.php?search=PLANNING%20ZONING
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ITEM 1, ATTACHMENT 1
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Other Business
None.
Adjournment
Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 6:53 pm.
Minutes respectfully submitted by Melissa Matsunaka.
Minutes approved by a vote of the Commission on: September 19, 2024.
Clay Frickey, Planning Manager Julie Stackhouse, Chair
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ITEM 1, ATTACHMENT 1
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Agenda Item 2
Item 2, Page 1
Planning and Zoning Commission
STAFF
Melissa Matsunaka, Sr. Project Coordinator
SUBJECT
MINUTES OF THE AUGUST 15, 2024 P&Z HEARING
EXECUTIVE SUMMARY
The purpose of this item is the consideration and approval of the draft minutes of the August 15, 2024 Planning
& Zoning Commission hearing.
ATTACHMENTS
1. Draft August 15, 2024 P&Z Minutes
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Julie Stackhouse, Chair Virtual Hearing
Adam Sass, Vice Chair City Council Chambers
Russell Connelly 300 Laporte Avenue
David Katz Fort Collins, Colorado
Shirley Peel
Ted Shepard Cablecast on FCTV, Channel 14 on Connexion &
York Channels 14 & 881 on Comcast
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 (TDD 224-
6001) for assistance.
Regular Hearing
August 15, 2024
Chair Stackhouse called the meeting to order at 6:00 p.m.
Roll Call: Katz, Sass, Stackhouse, Connelly, Peel, York, Shepard
Absent: None
Staff Present: Frickey, Yatabe, Matsunaka, Myler, Vonkoepping, Collins, Marko, Jarvis, Dial, Beals
Chair Stackhouse provided background on the Commission’s role and what the audience could expect as to the
order of business. She described the role of the Commission and noted that members are volunteers appointed by
City Council. The Commission members review the analysis by staff, the applicants’ presentations, and input from
the public and make a determination regarding whether each proposal meets the Land Use Code. She noted that
items for this particular hearing involved recommendations to City Council.
Agenda Review
Planning Manager Clay Frickey reviewed the items on the Consent and Discussion agendas, noting the order of
Item Nos. 2 and 3 will be reversed.
Public Input on Items Not on the Hearing Agenda
None
Planning and Zoning
Commission Minutes
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ITEM 2, ATTACHMENT 1
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Consent Agenda:
1. Draft Minutes for the P&Z June Regular Hearing
The purpose of this item is to approve the draft minutes of the June 20, 2024, Planning and Zoning
Commission hearing.
Commissioner Katz made a motion to approve the Consent Agenda for the August 15, 2024, hearing
as originally advertised. Commissioner York seconded the motion. Yeas: Shepard, Katz, Connelly,
York, Sass, Peel, and Stackhouse. Nays: none.
THE MOTION CARRIED.
Discussion Agenda:
(**Secretary’s Note: As per the Agenda Review, the order of Item Nos. 2 and 3 was reversed for discussion before
the Commission.)
2. Proposed Soil and Xeriscape Landscape Standard Updates
PROJECT
DESCRIPTION:
This is a request for the Planning and Zoning Commission to provide a
recommendation to City Council regarding proposed changes and
seeking feedback on landscape standards regarding xeriscape, soil
amendments, and irrigation.
City of Fort Collins
300 Laporte Ave
STAFF
ASSIGNED:
Katie Collins, Water Conservation Specialist, Utilities
Kathryne Marko, Environmental Regulatory Affairs Manager, Utilities
Recommendation: Approval
Staff Presentation
Kathryne Marko, Environmental Regulatory Affairs Manager, outlined the proposed soil standards, noting they
would not apply to single-family residential homes, and commented on a recently passed State Senate Bill related
to landscape requirements which has played into the proposed changes. Marko stated budget offers were
submitted for additional enforcement staff and noted natural habitat buffer zones are excluded from soil
requirements as an existing process already exists. Additionally, Marko stated exceptions to the proposed
xeriscape code were recently added, including: 1) exceptions for duplexes and accessory dwelling units; 2) all
streetscapes will be landscaped in accordance with the Larimer County Urban Area Street Standards and Fort
Collins Streetscape Standards; 3) addition of language in the escrow section to clarify that five-year escrows for
non-potable systems is specific to parks; and 4) correction of some previously contradictory language related to
mulch.
In terms of soils, Marko stated the key improvements are to clearly define the thresholds for applicability, add a
definition and standard for soil compaction, add definitions related to soil quality standards when topsoil is used,
and remove barriers to amending in a manner that is best for vegetation establishment. Additionally, a proposal
exists to shift from a primarily administrative oversight process to a comprehensive field inspection program.
Katie Collins, Water Conservation Specialist, stated the proposed amendments were developed with the intent to
address the Council priority to see less grass in new development, and to generally reduce the amount of water
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needed for landscapes and support the long-term resilience of landscapes. Collins noted the standards would
apply to all new development and redevelopment projects, except for development on existing lots for single-unit
detached, duplexes, and ADUs, and would not apply to streetscape landscaping. Collins stated a recent change
relates to switching the mechanism by which highly irrigated turf is limited.
In terms of cost and time impacts on development, Collins stated initial upfront costs for xeriscape will be variable
depending on the plant selection and amount of hardscape, among other considerations. In many cases, the initial
installation costs will be higher; however, the water supply requirements are based on the landscape type, so there
would be a lower up front cost for xeriscape from that perspective. Collins stated there is no predicted cost
increase associated with the Code amendments for soils and it is not anticipated there would be a significant
amount of time added to a project for either soil or xeriscape requirements.
Collins stated staff intends to go before Council for first reading on September 3rd and moving forward, will continue
to work with internal and community partners to communicate changes and work through implementation
strategies. Collins stated staff plans to use the Land Use Code phase two update to examine how the amendments
are working and make adjustments as needed. Collins also discussed the State Senate Bill which prohibits the
installation of non-functional turf in streetscapes, transportation corridors, and rights-of-way, noting that will require
an update to the City streetscape standards in the Larimer County Urban Area Street Standards.
Commission Questions
Commissioner Katz asked how much of what is being proposed is related to the State Senate Bill. Collins replied
the Senate Bill restricts the installation of non-functional turf in the areas mentioned as well as every other area in
new development and redevelopment. Additionally, the Senate Bill prohibits artificial turf installation except for on
athletic fields, and that was already part of the City’s proposal. Additional City items include requiring dedicated
irrigation to all new and existing trees within a development project, soil loosening, and every other change
mentioned.
Commissioner Peel asked about the impacts to places with existing artificial turf. Collins replied they are generally
grandfathered in and would not be required to remove the turf. Noah Beals, Development Review Manager, stated
the term non-conforming use is used as opposed to grandfathered and a non-conforming use can replace like for
like, though each project would be considered individually.
Chair Stackhouse asked if the State will provide any guidance in that regard. Beals replied he was unsure.
Commissioner Peel thanked staff for providing the cost analysis and requested confirmation that the water supply
requirement decreases when landscaping uses water-wise features. Collins replied the water supply requirement
in Fort Collins Utilities is tied to the estimated water use for the property and at development review, landscape
plans and hydro-zone tables are required; therefore, the cost for the water supply requirement would decrease if
less water would be needed for the landscape.
Commissioner Peel asked if similar cost reductions would be provided by other water districts across the city.
Collins replied the water supply requirement calculation does differ across the water districts, though ELCO has a
similar set up to the City. Collins stated she would follow-up with regard to Fort Collins Loveland Water District.
Commissioner Katz asked if there has been any analysis of the maintenance cost differences by reaching out to
landscape architects or property managers. Collins replied there was outreach and there is additional per square
inch contact on landscapes with more shrubs, mulch, et cetera; however, costs can be reduced on native grass
type landscapes.
Commissioner Katz asked if that outreach resulted in concerns or support being expressed. Collins replied most
commercial maintenance operators are more set up for a ‘mow and go’ experience and there was feedback that
more staffing and a change of expectations would be required for those operators.
Vice Chair Sass asked when these changes would go into effect. Marko replied much of that is dependent on
whether the budget offer for additional staff is funded. If it is not, Codes go into effect through the normal Council
process, which would be the end of September, and the inspection program would not be implemented, though the
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requirements would remain on the front end. Collins stated the lack of additional staff would lead to gaps in
detailed field inspection.
Vice Chair Sass expressed concern that there may not be inspectors available despite the Code requiring an
inspection prior to a Certificate of Occupancy being issued. Collins replied irrigation standards do have dedicated
staff doing inspections and there is a third party irrigation audit requirement. Vice Chair Sass asked about
inspectors for soil loosening. Marko replied the current process involves a notarized form and that process would
remain should the extra inspectors not be funded.
Commissioner Peel asked if the inspection requirement could be revisited once the funding has been determined.
Clay Frickey, Planning Manager, suggested the Commission could discuss that during its deliberation.
Commissioner Shepard asked how many hydro-zones exist. Collins replied there are four hydro-zone categories,
with the lowest being 3 gallons per square foot and the highest being 18 gallons per square foot.
Commissioner Shepard asked if it is typical for a multi-family, commercial, or industrial landscape plan to have
multiple hydro-zones. Collins replied in the affirmative.
Commissioner Shepard commented on the importance of landscaping in compatibility. He asked if the State Bill
preempts the City from using its modification procedure related to artificial turf and cited the examples of New
Belgium and The Exchange. Beals replied the State law would prevail and those examples would become non-
conforming uses as they do not meet the definition of athletic field.
Commissioner Shepard expressed concern about creating legal non-conforming uses in this regard and would take
up the issue with State Representatives.
Commissioner Shepard asked if the standard related to 50% non-organic mulch is new. Collins replied the current
Code allows for both organic and non-organic mulch, but there is no limit to how much inorganic mulch would be
allowed and the goal of the change is to limit landscapes that would be 100% rock.
Commissioner Shepard asked if the language allows for grasses that might not be considered turf. Collins replied
the streetscape standards update work has just started; however, the State law allows for native grasses or
hybridized species suitable for arid climates.
Commissioner Katz asked if the hydro-zone requirement of 11 gallons per square foot is for new projects. Collins
replied in the affirmative.
Commissioner Shepard expressed support for having inspection requirements to help with consistency throughout
the city.
Public Comment
None.
Commission Questions / Deliberation
Commissioner Katz expressed concern about negative cascading consequences despite the intent being positive.
He questioned the true costs for making these changes, particularly as related to maintenance costs which often
fall to tenants. He also expressed concern about the creation of non-conforming uses and stated he could not
support the recommendation at this point.
Commissioner Peel also expressed concern with the ambiguity around the inspections and unintended costs.
Vice Chair Sass echoed some of the concerns and stated he would like to see some data or confirmation from
business owners related to maintenance costs. He expressed support for the general idea, but stated additional
details need to be considered.
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Commissioner Connelly also expressed concern about costs and stated there are additional details he would like to
see prior to making an affirmative recommendation.
Commissioner York stated there are two parts to the discussion, one being what needs to be done to be in
compliance with State law, and one being making changes on a City level. He expressed support for making the
changes necessary to be in compliance with State law and noted that needs to occur more quickly. He suggested
breaking the changes down into a two-step process.
Commissioner Shepard thanked staff for their hard work and stated he would support the staff proposal. He did
express concern about how the changes would impact some of the smaller applicants and stated that while he is
concerned about the creation of legal, non-conforming uses, it seems there are no options other than to work at the
State level.
Commissioner Katz noted the new hydro-zone and tree irrigation requirements would also create legal non-
conforming uses, which is a City issue, not a State requirement.
Vice Chair Sass suggested recommending bring the Code into compliance with the State requirements while
tabling the other items.
Chair Stackhouse stated something is going to need to be done regarding water conservation and stated the tree
watering piece is also important.
Commissioner Katz expressed support for the intention, but not for the potential unintended consequences and
impacts on small local businesses.
Commissioner Peel commented on the importance of ensuring all steps work toward common sense water
conservation.
Chair Stackhouse summarized the discussion stating the Commission seems to be leaning toward a
recommendation that Council deny the proposed Land Use Code amendments with the caveat that items needed
to accomplish compliance with the State Senate Bill 24-005 move forward expeditiously.
Commissioner Shepard commented on the Code provision regarding existing limited permitted uses, which is a
step above a legal non-conforming use from a legal standpoint. He suggested it could be possible to identify areas
in which existing artificial turf is advantageous and consider them existing limited permitted uses. Assistant City
Attorney Yatabe replied there would need to be some analysis of the difference between those two statuses.
Chair Stackhouse made a motion that the Fort Collins Planning and Zoning Commission recommend that
City Council deny the proposed soil and xeriscape Land Use Code amendments, finding that the total cost
implications of the proposal are not well understood by the Commission, and the Commission believes
additional analysis is warranted. The Commission recognizes and supports the implementation of the
requirements of Senate Bill 24-005 which concerns the conservation of water through the prohibition of
certain landscape practices. This recommendation is based upon the agenda materials, the information
and materials provided at the work session and this hearing, and the Commission’s discussion on this
item. Commissioner Peel seconded. Yeas: Katz, Connelly, York, Sass, Peel, and Stackhouse. Nays:
Shepard.
THE MOTION CARRIED.
3. Water Supply Requirement Fee, Excess Water Use Surcharges and Non-Residential
Allotments
DESCRIPTION:
This is a request for the Planning and Zoning Commission to provide a
recommendation to City Council regarding proposed changes and seeking
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August 15, 2024
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redevelopment and new development.
City of Fort Collins
300 Laporte Ave
Fort Collins, CO 80524
STAFF ASSIGNED:
Jill Oropeza, Interim One Water Director
Recommendation: Approval
Jen Dial, Water Resources Manager, stated this item relates to a change to the City’s water supply
-1984 non-residential customers. Dial requested the
consider its general questions around the methodologies and how the community might be
outlined the history of the water supply requirements (WSR) and water allotments noting they have
in order to ensure water sources, to supply and protect the watershed for
a financial mechanism to ensure current and future assets are adequate to
to balance current needs and supply with future
Dial noted the discussion tonight is solely related to the City of Fort
which represents about 32,000 customers and 3,000 commercial accounts, about
as well as outlined work that will be done leading up to the item
Additionally, Dial noted the water supply requirement is a one-time fee
.
water allotment is a volume of water applied to non-residential customers, 2/3 of which currently have an
. The excess water use charge is an annual charge for any amount a
Dial noted that within the water fund, most of the revenue is from rates
s. Plant investment fees are fees charged to commercial and residential customers to fund
and other projects to help get
methodologies: a full buy-in method, an incremental method, and a hybrid method of
, and discussed the history of the WSR. Dial stated the City decided to implement the hybrid
Moving forward, as water rates continued to
and two were ultimately presented to Council: the cost-
-in with contingency and safety, which was recommended by staff, and the
-based approach for the buy-in, also with contingency and safety.
and
Utilities is on the lower end when using the cost-based approach for a multi-family
. Fort Collins is in the middle of the pack when using the cost-based approach for a restaurant
due to Fort Collins’ high dedication requirement for restaurant uses. Dial noted the currently proposed
and outlined the impacts to rates given that
, which would amount to a 0.5% rate increase over forty years.
discussed the methodology for assigning allotments to pre-1984 non-residential customers noting this
1) create consistency among all non-residential customers; and 2) result in fairness as
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Additionally, this change would provide the opportunity to identify
: 1) based on tap credit, or tap size;
based on the five-year average use; 3) based on the business type, which is the current methodology;
a hybrid methodology, which was what staff ultimately recommended. Dial discussed potential
customers of making this change, but noted staff believes most customers will not be
. However, staff is recommending a one-year grace period during which surcharges
Additionally, Dial noted staff has been engaging with affected customers directly
so and went on to detail those engagement efforts.
Commission Questions
Commissioner Shepard asked how the water utility works with restaurants in terms of water conservation.
and more efficient
Water Conservation could provide a more thorough answer.
key accounts exist that currently do not have allotments. Dial replied
30 and 50.
sioner Peel asked if the large increase in price over time was due to the market. Dial replied in the
and a focus on compatibility and he encouraged staff to ensure there was not
unless that is done through a minor
Dial replied the intent is not to disincentivize existing landscaping and staff could
it is determining allotments. Dial replied the
information if the non-potable water rights belong to the user.
commented on the fact that the water fund emphasizes that most revenue
He asked what percentage,
funds would go toward restoring the watershed as a result of the fires in the Poudre canyon.
works with other water providers who have water in the Poudre to do
through grants and/or matching funds, particularly after the High Park and
s. Additionally, Dial noted there is a redundant system which allows Fort Collins to take
-breweries and distilleries fall under the same category as restaurants
Dial replied in the affirmative.
Public Comment
None.
Commission Questions / Deliberation
Commissioner York stated this is a good step toward improvement and noted, as with other items,
and agreed with Commissioner Shepard that unknown ramifications do exist.
Additionally, he stated the
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stated this is a step in the right direction and encouraged staff to continue engagement
.
fact that there will be a 7% to 10% rate increase for ten years for
stated she assumes that any unintended
Vice Chair Sass made a motion that the Fort Collins Planning and Zoning Commission authorize the
and
This recommendation is based
on this item. Commissioner Katz seconded. Yeas:
Peel, and Stackhouse. Nays: none.
For more complete details on this hearing, please view our video recording located here:
https://www.fcgov.com/fctv/video-archive.php?search=PLANNING%20ZONING
Other Business
Commissioner Shepard requested the Commission have a discussion about the new ADU regulations from the
State during an upcoming work session.
Adjournment
Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 8:13 pm.
Minutes respectfully submitted by Melissa Matsunaka.
Minutes approved by a vote of the Commission on: September 19, 2024
Clay Frickey, Planning Manager Julie Stackhouse, Chair
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Development Review Staff Report Agenda Item 3
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Planning & Zoning Commission Hearing: September 19, 2024
117 N. Mason St. Seasonal Overflow Shelter #FDP240011
This project is being reviewed under the Foundational 2024 Land Use Code
https://www.fcgov.com/planning-development-services/luc
Summary of Request
This is a request to establish a men’s seasonal overflow shelter at
117 N. Mason in a 2,408 square foot portion of the existing building.
The shelter will be overnight only and open November – April, with a
maximum capacity of 70 people requested. Access is taken off of N.
Mason to the east, W. Mountain to the south, and Civic Center Park
to the west.
Zoning Map
Next Steps
If approved by the decision maker, the applicant will be eligible to
apply for a building permit and submit mylars for recording with the
Technical Services Department. Once recorded, the building permit
application will be released to all reviewing departments.
Site Location
117 N. Mason Street, generally near the
northwest corner of north Mason and west
Mountain Ave.
Parcel # 9711463902.
Zoning
Downtown (D) Zone District, Civic Subdistrict
Property Owner
City of Fort Collins
300 Laporte Ave.
Fort Collins, CO 80521
Applicant/Representative
Ripley Design
419 Canyon Ave. #200
Fort Collins, CO 80521
Phone: (970) 224-5828
Email: klara@ripleydesigninc.com
Staff
Jill Baty, City Planner
Contents
1. Project Introduction .................................... 2
2. Land Use Code Article 2 ............................ 5
3. Land Use Code Article 3 .......................... 11
4. Land Use Code Article 4 .......................... 18
5. Findings of Fact/Conclusion .................... 19
6. Recommendation ..................................... 19
7. Attachments ............................................. 20
Staff Recommendation
Staff recommends approval of the Modification
of Standard and the Final Development Plan
FDP240011.
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1. Project Introduction
A. PROJECT DESCRIPTION
The Fort Collins Rescue Mission and the City of Fort Collins are requesting to operate a seasonal overflow shelter
on a 1.03-acre site located near the northwest corner of N. Mason St. and W. Mountain Avenue.
• An emergency suspension of several Land Use Code and Building Code sections by City Council allowed
a Temporary Seasonal Overflow Shelter to operate at this location during the past two winters.
• No external changes to the site are proposed.
• Land Use Code Section 4.3.2(C)(3)(g) states that a property on which a Seasonal Overflow Shelter is
located must continue to comply with the standards of the Land Use Code, at least to the extent of its
original compliance. It may not increase its deviation from the standards of the code with the new use.
• Operating hours will differ from slightly previous years in hopes of providing clients more continuous
services throughout the morning and preventing loitering and damage to neighboring properties.
• The Land Use Code limits the shelter use to 50 individuals. The applicant is requesting a Modification of
Standard to allow up to 70 individuals, citing city-wide needs.
B. DEVELOPMENT STATUS/BACKGROUND
1. Subject Property
The existing uses on the property are offices in the building at 117 N. Mason and offices and exhibit hall in the
building at 200 W. Mountain. The site is 45,011 square feet (1.03 acres), with frontage on Mason St. An
emergency suspension of several Land Use Code and Building Code sections by City Council allowed a
Temporary Seasonal Overflow Shelter to operate at this location during the past two winters.
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2. Surrounding Zoning and Land Use
North South East West
Zoning Downtown (D) Civic
Subdistrict
Downtown (D) Civic
Subdistrict
Downtown (D) Civic
Subdistrict, Historic Core
Subdistrict
Downtown (D) Civic
Subdistrict
Land Use Larimer County Justice
Center Museum of Arts and
Cultures, FC Moves
Civic Center Park restaurants and office
spaces
C. OVERVIEW OF MAIN CONSIDERATIONS
The plans were developed, and issues were clarified through two rounds of plan review, responses to
comments, and questions. Main considerations were trash and recycling storage, bicycle parking, and
operating hours.
• When used as a temporary seasonal overflow shelter, trash storage for the shelter was located off-
site and no recycling was provided. After considering several options, the shelter will now share the
existing on-site dumpsters for trash and recycling with other site users. The lease agreement includes
details on ensuring proper trash removal frequency.
• The Land Use Code does not specify bicycle parking requirements for seasonal overflow shelters.
The site will provide the same bike parking numbers as previous winters. This has been deemed
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adequate by the applicants and does meet similar ratios of bicycle spaces to beds as other shelters.
The site plan now includes a provision to add more bicycle parking if needed.
• At the neighborhood meeting, residents raised concerns about the shelter closing at 7:00am, which
leaves a gap in service before busses can take clients to the Murphy Center. On very cold mornings,
this gap can lead clients into whatever indoor spaces they can find, causing conflicts with neighbors
around trespass, loitering and hygienic issues in and around buildings. The applicants have
negotiated new lease terms to better align the shelter’s hours with other available services, ensuring
a smoother transition while keeping staff safe and comfortable.
D. CITY OF FORT COLLINS LAND USE CODE & CITY PLAN
The City’s comprehensive plan (2019 City Plan) was developed with the participation of thousands of
community members and “articulates the community’s vision and core values, and establishes the overall
policy foundation” to provide “high-level direction” towards achieving a shared community vision of growth and
transportation throughout the City. A basic aspect of the vision pertinent to this project proposal is the unique
character and sense of place in Fort Collins.
The Land Use Code’s purpose statement, per Section 1.2.2(A)-(O), is to ensure that all growth and
development that occurs is consistent with the code and City Plan and addresses a range of community
issues and design elements. By incorporating the specific requirements within the Code, a plan demonstrates
its fulfillment of this purpose statement.
A significant theme in City Plan is improving access to housing that meets the needs of residents regardless
of their race, ethnicity, income, age, ability or background:
• Policy LIV 2.1– REVITALIZATION OF UNDERUTILIZED PROPERTIES (P. 40) Support the use of creative
strategies to revitalize vacant, blighted or otherwise underutilized structures and buildings, including, but
not limited to:
Adaptive reuse of existing buildings (especially those that have historic significance);
Infill of existing surface parking lots – particularly in areas that are currently, or will be, served by
bus rapid transit (BRT) and/or high frequency transit in the future;
Public/private partnerships;
Infrastructure improvements/upgrades;
Streetscape enhancements; and
Voluntary consolidation and assemblage of properties to coordinate the redevelopment of blocks
or segments of corridors where individual property configurations would otherwise limit
redevelopment potential.
• Policy LIV 6.2 – SPECIALIZED HOUSING NEEDS (P. 43): Plan for populations who have specialized housing
needs. Integrate residential-care and treatment facilities, shelters, permanent supportive housing, group
homes and senior housing throughout the GMA in areas that are well-served by amenities and public
transportation
• Policy LIV 8.3 – PARTNER ORGANIZATIONS (p. 45) Partner, fund and collaborate with local service providers
to ensure adequate levels of assistance for human services needs, including affordable childcare,
homelessness services, mental illness and substance use disorders, food access, workforce
development, and education.
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• Policy LIV 8.4 – CITY REAL ESTATE (p. 45) Continue leveraging underutilized City facilities and real estate
assets for use by local nonprofit and partner agencies providing community benefits such as childcare,
supportive housing, food access and other services. Consider competitive short- and long-term lease or
sale opportunities while balancing the City’s financial responsibilities.
• Policy LIV 8.5 – FACILITY SITING AND ACCESS (p. 45) Encourage health- and human-services providers to
carefully consider locations of new facilities and transportation implications, provide transportation to
services and coordinate with the public transportation system, particularly areas that are or will be served
by high-frequency transit.
• Policy LIV 8.6 – HOMELESSNESS (p. 45) Continue to collaborate with partner organizations on the
implementation of Fort Collins’ plan to make homelessness rare, short-lived and nonrecurring.
The Structure Plan designates this neighborhood with the “Downtown District” place type, which is
characterized by a wide spectrum of housing options and services in a compact, walkable environment and is
served by Bus Rapid Transit (BRT), high-frequency bus and regional transit.
2. Public Outreach
A. NEIGHBORHOOD MEETING
A hybrid neighborhood meeting was held on Wednesday, June 12, 2024, with community members in
attendance. The notice for this neighborhood meeting erroneously listed the meeting as being on Thursday,
June 12. Staff answered several calls and emails from neighbors clarifying that the meeting would be on
Wednesday. Staff also offered a hybrid meeting on Thursday, June 13, 2024 to provide information and
conversation to any community members who came on that day. No community members attended on
Thursday, June 13.
The plan has evolved over time through several rounds of City review and design refinement. Key topics
discussed at the meeting included:
1. Places where homeless men can go during cold weather.
2. The gap between the time the overflow shelter closes and the Murphy Center opens.
3. Neighbors’ security expenses and concerns.
4. Time limits on the lease.
5. Repercussions for poor behavior.
3. Land Use Code Article 2
A. COMBINED PROJECT DEVELOPMENT PLAN / FINAL DEVELOPMENT PLAN
PROCEDURAL OVERVIEW
1. Conceptual Review – CDR240022
A conceptual review meeting was held on April 11, 2024.
2. Neighborhood Meeting
Pursuant to LUC Section 2.2.2 – Step 2: Neighborhood Meetings, a neighborhood meeting is required for
Planning and Zoning Commission (Type 2) projects.
A hybrid neighborhood meeting was held on Wednesday, June 12, 2024, with community members in
attendance.
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The notice for this neighborhood meeting erroneously listed the meeting as being on Thursday, June 12.
Staff answered several calls and emails from neighbors clarifying that the meeting would be on Wednesday.
Staff also offered a hybrid meeting on Thursday, June 13, 2024 to provide information and conversation to
any community members who came on that day. No community members attended on Thursday, June 13.
3. First Submittal
The combined PDP/FDP was submitted on July 8, 2024.
4. Notice (Posted, Written and Published)
Posted Notice: May 15, 2024, Sign #765.
Written Hearing Notice: September 4, 2024, 191 addresses mailed.
Published Hearing Notice: September 8, 2024.
B. DIVISION 2.8 – MODIFICATION OF STANDARDS
The applicant requests one modification of standards, as described in detail below.
The Land Use Code is adopted with the recognition that there will be instances where a project would support
the implementation of City Plan, but due to unique and unforeseen circumstances would not meet a specific
standard of the Land Use Code as stated. Accordingly, code standards include provisions for modifications.
The modification process and criteria in Land Use Code Division 2.8.2(H) provide for evaluation of these
instances on a case-by-case basis, as follows:
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Land Use Code Modification Criteria:
“The decision maker may grant a modification of standards only if it finds that the granting of the
modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for which the modification is
requested equally well or better than would a plan which complies with the standard for which a
modification is requested; or
(2) the granting of a modification from the strict application of any standard would, without impairing the
intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described
problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the
proposed project would substantially address an important community need specifically and expressly
defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render the project practically infeasible;
or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to
such property, including, but not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result in unusual and exceptional
practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such
difficulties or hardship are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by
this Division to be modified except in a nominal, inconsequential way when considered from the
perspective of the entire development plan and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings
showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3)
or (4).
1. Modification to 4.3.2(C) – Additional Use Standards, Institutional/Civic/Public Uses –
Seasonal Overflow Shelter Use Standards
The standard:
4.3.2(C)(3). General Standards. Seasonal overflow shelters shall be allowed as a permitted use, provided that
all of the following conditions are met:
(a) Occupancy Limit. No more than fifty (50) persons may be housed at any one (1) seasonal overflow
shelter.
Overview
The City of Fort Collins is committed to partnering with local service providers to ensure the safety of our
homeless population while ensuring that homeless spaces are compatible with neighboring land uses. The
applicants request to modify the occupancy limit on a seasonal overflow shelter from 50 persons to 70 in
order to adequately provide shelter to homeless residents on cold nights. The shelter is in a location away
from any residential uses and is immediately adjacent to public transportation. No other seasonal overflow
shelters currently operate in the city.
Summary of Applicant Justification
The applicant’s modification request is attached.
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The request is based on a lack of detriment to the public good, and on subparagraph (1) above -- the “equal-
to or better-than” criterion and subparagraph (2) above – the “without impairing the intent and purpose of this
Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern”. Key
points made in the request include:
• Modifying the occupancy limit of the seasonal overflow shelter addresses a critical city-wide issue by
providing necessary overnight accommodations, improving public health and safety.
• The shelter’s downtown location, near the Fort Collins Rescue Mission’s main shelter, ensures that
health and human services are easy to access for those in need.
• This request aligns with City Plan Principle LIV 8, which calls for a comprehensive, equitable and
efficient system of health and human services accessible to all residents.
• This request aligns with City Plan Policies LIV 8.3, LIV 8.4 and LIV 8.6, which call for City
partnerships and resource allocation to support community services for the homeless.
• The project complies with all other standards in the Land Use Code and is a permitted use in the
Downtown Zone District.
• The project complies with the purpose of the Seasonal Overflow Shelter Use Standards by operating
an overflow shelter that is compatible with neighboring businesses and civic uses.
• The shelter will operate overnight, minimizing neighborhood impact to daytime-operating businesses.
Operating hours will be set to reduce the number of guests waiting for other services to open in the
morning.
Staff Findings
Staff finds that the granting of the modification would not be detrimental to the public good and that the
request satisfies subparagraph (2) in subsection 2.8.2(H).
Detriment to the public good. Staff’s finding is based on consideration that the shelter is compatible with
surrounding uses. In addition, the code allows no more than 3 seasonal overflow shelters to operate in the
city at any given time, but this is the only shelter proposed. Allowing space to bring 20 additional people out of
the cold is not detrimental to the public good.
Subparagraph (2), “proposed project would substantially address an important community
need.” Staff finds that the proposed plan addresses housing a need for homeless services City Plan and the
Housing Strategic Plan.
• The proposed plan provides critical homeless services through a public-private partnership during
dangerously cold winter nights.
4. Land Use Code Article 4
A. DIVISION 4.3.2 – INSTITUTIONAL/CIVIC/PUBLIC USES
This project is being reviewed under the 2024 Transitional Land Use Code:
https://www.fcgov.com/planning-development-services/luc
Applicable Code
Standard
Summary of Code Requirement and Analysis Staff Findings
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4.3.2(C) –
Seasonal
Overflow Shelter
The standards of this section require that a seasonal overflow shelter is allowed to be
sited and approved, while helping to ensure that such shelters are compatible with the
adjacent neighborhoods.
Complies
4.3.2(C)(3)(a)
Occupancy
Limit
No more than fifty (50) persons may be housed at any one (1) seasonal overflow
shelter. Compliance with this section of the Code was the subject of the modification
request analyzed in the previous section of the staff report. Staff finds the project
meets the criteria for a modification of standards.
Complies –
Modification
Requested
4.3.2(C)(3)(b)
Operations
An organization with prior homeless shelter management experience must be
designated as the operator responsible for managing the seasonal overflow shelter.
• The Fort Collins Rescue Mission has twelve years of experience in operating
a homeless shelter in Fort Collins. Please refer to the attached Letter of
Complies
4.3.2(C)(3)(c)
Operating
Agreement
An operating agreement must be completed between the City, the operator and the
owner of the real property upon which the seasonal overflow shelter is located,
delineating the roles of the parties, and, without limitation, shall include provisions
pertaining to parking, hours of operation, site cleanup, loitering, number of staff and
designated contact persons for each party. The operating agreement shall be
executed by all parties prior to the approval of a seasonal overflow shelter and must
be executed preceding each operating season that the shelter is functioning.
• Of note, the operating hours will extend later into the morning to cover the
gap in services for clients during the morning. The hope is that this will also
Complies
4.3.2(C)(3)(d)
Transportation
If the seasonal overflow shelter is more than two (2) miles from a homeless shelter,
then transit to and from the seasonal overflow shelter and the homeless shelter (or
other locations designated in the operating agreement) shall be provided by the
operator of the seasonal overflow shelter.
• Does not apply. The shelter proposes to locate 0.4 miles from the Fort Collins
Rescue Mission main shelter.
• The shelter proposes to locate immediately adjacent to transit and within one
block of the Downtown Transit Center, with transit options throughout Fort
Collins and the Front Range.
Complies
4.3.2(C)(3)(e)
Neighborhood
Meeting
A neighborhood meeting is required for each application for approval of a seasonal
overflow shelter and preceding each operating season that the shelter is functioning.
• A hybrid neighborhood meeting was held on Wednesday, June 12, 2024, with
community members in attendance. The notice for this neighborhood meeting
erroneously listed the meeting as being on Thursday, June 12. Staff
answered several calls and emails from neighbors clarifying that the meeting
would be on Wednesday. Staff also offered a hybrid meeting on Thursday,
June 13, 2024 to provide information and conversation to any community
members who came on that day. No community members attended on
Thursday, June 13.
• The site plan notes the requirement for neighborhood meetings preceding
Complies
4.3.2(C)(3)(f)
Limit
No more than three (3) seasonal overflow shelters may operate in the City at any
given time.
•
Complies
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4.3.2(C)(3)(g)
Compliance with
Other Standards
The property upon which the seasonal overflow shelter is located must continue to
comply with the standards of this Code, at least to the extent of its original compliance
(so as to preclude any greater deviation from the standards of this Code by reason of
a seasonal overflow shelter being located thereon).
• No additional non-compliance is proposed.
• The shelter will share on-site trash and recycling facilities with other users of
the site in contrast to previous years.
• Bicycle parking has been determined to be adequate based on previous
years’ experience. A note has been added to the site plan stating that
additional bicycle parking could be required if the existing parking becomes
Complies
5. Findings of Fact/Conclusion
In evaluating the request for Seasonal Overflow Shelter #FDP240011, staff makes the following findings of fact and
conclusions:
1. By demonstrating compliance with the specific standards and regulations of the Land Use Code through
the submittal materials for the Project Development Plan, this project satisfies and aligns with the purpose
and spirit of the Code, as stated in Section 1.2.2.
2. The Project Development Plan/Final Development Plan complies with all applicable standards in Article 4 –
Use Standards.
3. The Project Development Plan/ Final Plan complies with the applicable procedural and administrative
requirements of Article 6 of the Land Use Code.
4. The Project Development Plan/Final Development Plan complies with applicable criteria for approval of
Modification of Standards located in Division 6.8 of the Land Use Code.
Staff supports the request for Modification of Standard to Section 4.3.2(C)(3)(a) – Occupancy Limit.
The occupancy limit modification would not be detrimental to the public good and the request satisfies
criterion (2) in subsection 6.8.2(H) because the plan helps substantially address a community-wide need in
providing shelter for unhoused people during the winter.
6. Recommendation
Staff recommends that the Commission approve Seasonal Overflow Shelter #FDP240011 based on the Findings of
Fact and supporting explanations found in the staff report.
7. Attachments
1. Applicant Narrative
2. Site Plan
3. Letter of Experience
4. Executed Operating Agreement
5. Draft Lease
6. Modification Request
7. Staff Presentation
8. Shelter Types and Definitions in the LUC
9. Pertinent Building and Fire Code regulations
10. 2022 Ordinance
11. 2023 Ordinance
Code language RE land use abandonment
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Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
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MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
o: 970.224.5828 | w: ripleydesigninc.com
RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
Project Narrative | Seasonal Overflow Shelter at 117 N Mason St.
Combined Project Development Plan & Final Development Plan (PDP/FDP)
07/03/2024
Introduction
The City of Fort Collins and the Fort Collins Rescue Mission partner each year to ensure that
unhoused people in the community have a place to stay warm through the winter months. The past
few years, the location at 117 N Mason has been utilized as a shelter and has been authorized for
emergency use by City Council. This overflow shelter is a community need again this year and with
the emergency ordinance expired, this project will proceed with a Development Review process to
be approved for a Seasonal Overflow Shelter use as defined in the Land Use Code.
Project Site and Existing Conditions
The site at 117 N Mason is located in the Downtown (D) Zone district and is situated near the
northwest corner of N Mason St and W Mountain Ave. The existing building is owned by the City of
Fort Collins and will remain owned by the City. There is a parking lot on the south side of the
building that is used for employees. There are also existing bike racks located on the west side of
the building as well as bike racks along N Mason St and Mountain Ave. A fire lane currently exists
on the west side of the building with access from Mason or Mountain.
A temporary dumpster will be provided for trash behind 212 W Mountain and is screened from
public view. No recyclable waste is generated.
Proposed Project
The Seasonal Overflow Shelter is an allowed use in the Downtown Zone District, proposed to
occupy 2,408 square feet of the building at 117 N Mason and will serve as shelter for those who
can’t find beds at the Jefferson Street shelter. The overflow shelter will have capacity for 70 men
overnight from November - April. A modification of standards will be submitted to allow for 70
people to occupy the building at once.
There are no proposed changes to the interior or exterior of the building and no changes to any
utility capacities. The applicant understands that a temporary use permit will be required and
applied for each year with the building department.
A conceptual review was held on April 11th, 2024 and a neighborhood meeting was held on June
12th, 2024.
ITEM 3, ATTACHMENT 1
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ITEM 3, ATTACHMENT 2
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ITEM 3, ATTACHMENT 2
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ITEM 3, ATTACHMENT 2
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ITEM 3, ATTACHMENT 2
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Fort Collins Rescue Mission
A Ministry of the Denver Rescue Mission
316 Jefferson Street Fort Collins, Colorado 80524
Phone: 970.224.4302
Fax: 970.484.7415
www.FortCollinsRescueMission.org
To Whom It May Concern,
Fort Collins Rescue Mission has been serving the most vulnerable in our community since 2012.
But our history is rooted in more than 125-years of sharing the love of Christ with the most
vulnerable people across the Front Range.
At our two locations in Northern Colorado—Fort Collins Rescue Mission and Harvest Farm—we
help restore the lives of people experiencing homelessness and addiction through emergency
services like meals and shelter, and long-term, life-changing programs.
In Northern Colorado, people experiencing homelessness have basic human needs that will
forever remain the same—food, shelter and safety. More than 30% of the total homeless
population are unsheltered, living on the streets, under bridges, in cars or abandoned buildings
or camping in open areas. We are committed to helping people who are experiencing
homelessness and addiction in our city change their lives.
At Fort Collins Rescue Mission, we believe in coming alongside people experiencing poverty and
homelessness, empathizing with their situation and speaking truth into their lives .
Sincerely,
Paula Ordaz
Director of Community LIfe
FORT COLLINS RESCUE MISSION
p 970.492.6225
f 970.648.8367
ITEM 3, ATTACHMENT 3
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Social Sustainability Department
222 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970-221-6595
bdepew@fcgov.com
Operating Agreement
Seasonal Overflow Shelter 2024-2025
For Seasonal Overflow Shelter for the 2024-2025 winter season, the City of Fort Collins and Fort Collins Rescue
Mission have agreed to the following:
Dates of Operation
Overnight shelter will be available at 117 N. Mason St. from November 1, 2024-April 30, 2025
Hours of Operation
The shelter will open each evening at 5:30pm and close each morning at 7:45am
Shelter Capacity
Shelter will be provided for up to 50 single men each night (or more; up to the number allowed by the Planning &
Zoning Commission through a Modification of Standard)
Parking
Shelter staff may park vehicles in on-street parking spots or utilize the parking lot in the alley west of 117 N.
Mason St. during hours of operation of the shelter. Bike parking is also available at multiple racks on the west side
of 117 N. Mason St.
Site Cleanup
Tenant is expected to keep the exterior and interior of the premises in a clean, orderly, and safe condition, free of
litter, debris, weeds, snow, and any unsightly or dangerous condition as required by ordinances, resolutions,
statutes, and health, safety, sanitary, fire, and police regulations.
Loitering
Tenant shall use the premises only for indoor, overnight shelter. No camping, in tents, vehicles, or otherwise, is
permitted anywhere on the premises or surrounding property. Clients will be discouraged from congregating
outside the premises before and after hours of operation.
Number of Staff
Fort Collins Rescue Mission will assign seven total staff members to this shelter location for the duration of the
season, with the goal to have two staff members on site at all times of operation.
Precision Security will also provide one guard between 4-8pm for check-in and bag checks (two guards during
inclement weather events) and one guard between 5-9am for checkout and closing.
ITEM 3, ATTACHMENT 4
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Designated Contacts
Paula Ordaz Fort Collins Rescue
Mission – operator
pordaz@fortcollinsrescue.org 970-492-6225
Brittany Depew City of Fort Collins –
main contact
bdepew@fcgov.com 970-2
Brian Hergott City of Fort Collins –
building owner
bhergott@fcgov.com 970-221-6804
All below named parties have acknowledged this operating agreement:
_________________
Date
_________________
Date
_________________
Date
_________________________
Tracy Brooks
Chief Programs Officer
Rescue Mission
_________________________
Beth Yonce
Director
Social Sustainability Department
City of Fort Collins
_________________________
Tracy Ochsner
Director
Operation Services
City of Fort Collins
ITEM 3, ATTACHMENT 4
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COMMERCIAL LEASE AGREEMENT
☒Non-profit ☐ Office ☐ Industrial ☐ Retail ☐ Ground Lease ☐ Farm
Property: 117 N Mason St, Fort Collins, CO 80524
Premises: 117 N Mason St, Fort Collins, CO 80524
Square Footage: 2,408
Tenant: The Denver Rescue Mission, a Colorado nonprofit corporation, d/b/a Fort Collins Rescue
Mission
Tenant Signing Authority and Title: Joshua Geppelt, Vice President of Programs
Tenant Phone Number/Email: jgeppelt@denrescue.org
Tenant Mailing Address: Denver Rescue Mission
Attn: Kirk LaPoure, VP of Finance and Administration/CFO
6100 Smith Road, Denver CO 80216
Landlord: City of Fort Collins, Colorado, a municipal corporation
Landlord Signing Authority and Title: Kelly DiMartino, City Manager
Landlord Phone Number/Email: (970) 221-6211 / RealEstateServices@fcgov.com
Landlord Mailing Address: City of Fort Collins, Real Estate Services
P.O. Box 580
Fort Collins, Colorado 80522
Office Hours: Monday through Friday 8:00 AM through 5:00 PM
Closed Saturday, Sunday, and Federal Holidays
Commencement Date: 10/16/2024
Expiration Date: 05/15/2025
Security Deposit: $0.00
Yearly Rent: $12,000.00
Permissible Uses: Lessee shall use the Leased Premises only for indoor, overnight shelter for up to
seventy (70) persons experiencing homelessness and for no other purpose whatsoever without the written
consent of the City.
Lease Exhibits:
☒Exhibit A - Premises (1 page)
☒Exhibit B - High Performance Green Lease Provisions (3 pages)
☒Exhibit C - Maintenance/Repair and Utilities Responsibility Matrix (3 pages)
☐Exhibit D - Xcel Consent Form (2 pages)
☐Exhibit E - Non-profit Terms and Conditions (2 pages)
☒Exhibit F - Special Terms and Conditions (1 page)
☒Exhibit G – Move in/Move Out Inspection Form (5 pages)
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
This LEASE AGREEMENT (the “Lease”) is made and entered into on the Effective Date by and
between Landlord and Tenant. For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Landlord and Tenant agree to be legally bound whereby Landlord does lease
unto Tenant and Tenant does lease from Landlord the Premises on the terms and conditions set forth in this
Agreement. This Lease is also subject to any Exhibit A through G checked above, which is attached hereto
and incorporated by this reference.
1. Description of Premises. Landlord is the owner of that certain parcel of real property, together with
the improvements located thereon, described as the Property. Landlord does lease unto Tenant and Tenant
does lease from Landlord the Premises located on the Property, which is further described in Exhibit A.
2. Use of the Premises. Tenant may only use the Premises for the Permissible Uses defined above.
Landlord makes no representations that the Permissible Uses are permitted within the zoning classification
to which the Premises are subject. Tenant must not use the Premises in such a manner as to violate any
applicable law, rule, ordinance, or regulation of any governmental body. Tenant may, upon obtaining
Landlord’s prior written consent, use the Premises for any other lawful purpose.
3. Lease Term. The term of this Lease will begin on the Commencement Date and terminate at 11:59
PM on the Expiration Date. Any holding over after the Expiration Date, with the consent of Landlord, will
be construed as a tenancy from year-to-year for no more than three (3) additional years on the same terms
and conditions herein specified and at the last adjusted Monthly Rent pursuant to section 5 below.
4. Rent. The Monthly Rent is due on the first day of each month. Tenant shall pay the Monthly Rent
to Landlord and make all Monthly Rent payments to the Landlord Mailing Address or at such other place
as Landlord may, from time to time, designate in writing. The Monthly Rent must be paid in current legal
tender of the United States as the same is then by law constituted. Partial payments will not be accepted.
The Monthly Rent is in addition to Tenant's obligations with respect to the payment of insurance premiums
and Tenant’s obligations with respect to the Maintenance, Repair, and Utilities outlined in Exhibit C.
5. Annual Rent Escalation. In the event that a new lease has not been signed or a notice of non-renewal
has not been given by the expiration of this current lease, t he Monthly Rent will increase annually on the
anniversary of the Commencement Date by three percent (3%) for up to three (3) additional years.
6. Security Deposit. Tenant shall be required to pay to Landlord upon execution of this Lease a one-
time sum as set forth above which Landlord may deposit or save with its other funds or deposits from other
Tenants and which Landlord is to retain as security for the full and faithful performance by Tenant of all
the covenants, conditions, and agreements of this Lease.
Landlord may, without further notice, apply the security deposit on any charges or damages for the
Tenant’s failure to perform the said covenants, conditions, and agreements of this Lease, but in no event
shall the Landlord be obligated to apply the security deposit in such manner. The security deposit shall not
be applied to, or substituted as, the last monthly rent payment. The Landlord’s right to possession of the
Premises for nonpayment of rent or for any other reason shall not in any event be affected by reason of the
fact that the Landlord may hold a security deposit. The received sum shall accrue no interest payable to
Tenant unless required by local laws. If Landlord finds, in its discretion, that Tenant is not in default of the
performance of the covenants or conditions of this Lease, Landlord will return the security deposit to Tenant
within sixty (60) days of: (1) the termination of this Lease, or (2) Tenant’s surrender and Landlord’s
acceptance of the Premises, whichever occurs last; provided, however, Landlord may, in its discretion,
apply the security deposit toward the payment of rent, utilities, cleaning, damages, lease break charges,
insufficient notice or court costs, including attorneys’ fees suffered by Landlord by reason of the Tenant’s
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breach of the covenants, conditions and agreements of this Lease. In no event is the said deposit to be
returned until and unless the Tenant has, to Landlord’s satisfaction, fully performed the obligations
hereunder, has properly cleaned and vacated the Premises, and delivered the keys and possession to the
Landlord.
Upon any sale or transfer of its interest in the Premises, Landlord may transfer the Security Deposit
to its successor in interest and thereupon, Landlord, shall be released from any liability or obligation with
respect thereto.
7. Late Fee. The Monthly Rent or any other amount due to Landlord from Tenant under this Lease
not paid within seven (7) days after it is due will be subject to a late fee of ten percent (10%) of the late
payment amount, which will be due and payable immediately.
8. Returned Check Fee. If any payment is returned to Landlord, Tenant may, at Landlord’s option, be
deemed to be in default under the terms of this Lease, and a returned payment fee of $20.00 shall be assessed
to Tenant, plus accrued late fees, as additional rent for each such returned payment. In the event Tenant
stops payment or otherwise provides insufficient funds, payment must be made by certified funds, if
required by Landlord.
9. Incurred Cost Fee. Landlord reserves the right to make any payments or perform any action required
hereunder by Tenant (but is not required to do so), and all amounts expended by Landlord, plus a ten per
cent (10%) fee per cost incurred, must be paid by Tenant within thirty (30) days following notification of
such expenditures.
10. Move-In Condition. The Tenant has examined the Premises prior to executing this Lease, and
knows the condition thereof, and no representation as to the condition thereof, or the state of repairs thereof
has been made by the Landlord which are not herein expressed and hereby accepts the Premises in its
present condition at the date of the execution of this Lease. If Tenant does not already have a Move-
In/Move-Out Inspection Form on file with Landlord from a prior lease, Tenant must return to Landlord
within three (3) days of move-in the Move-In/Move-Out Inspection Form (Exhibit G) concerning the
condition of the Premises. Failure to do so shall deem Tenant to acknowledge that the Premises is in good
condition, clean and in no need of repair. Unless referenced on the Move-In/Move-Out Inspection form,
Tenant has not identified any problems with the Premises. Except as prohibited by law, Tenant
acknowledges and agrees that they have relied upon no promises, statements, representations, agreements,
or warranties concerning the Premises or this Lease except as are expressly set forth herein, and no changes
to this Lease shall be binding unless in writing and signed by both parties. The parties agree to complete
this inspection again on the day the Tenant vacates the Premises, for the purpose of determining the final
accounting and settlement of the Security Deposit.
11. Insurance.
A. Tenant, at its sole cost and expense, must procure, pay for and keep in full force and effect
a policy of commercial general liability insurance covering the Premises and the improvements
thereon, insuring Tenant in an amount not less than one million dollars ($1,000,000) covering
bodily injury, including death to persons, personal injury and property damage liability arising out
of a single occurrence. Such coverage must include, without limitation, legal liability of the
insureds for property damage, bodily injuries, and deaths of persons in connection with the
operation, maintenance, or use of the Premises (including acts or omissions of Tenant).
B. All policies of insurance carried by Tenant must name Tenant as insured and name
Landlord as an additional insured. The policy or policies must contain a provision that the policy
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or policies cannot be canceled or materially altered either by the insureds or the insurance company
until thirty (30) days prior written notice thereof is given to Tenant and Landlord. Upon issuance
or renewal of any such insurance policy, Tenant must provide Landlord with a certificate of
insurance showing evidence of coverage that names Landlord as an additional insured. Any such
policies must contain waivers of subrogation and waivers of any defense based on invalidity arising
from any act or neglect of any assignees or sub-Tenants of Tenant. Tenant understands that
Landlord will not deliver keys for the Premises to Tenant until Tenant has delivered a copy of a
valid renter’s insurance policy to Landlord. Tenant agrees to provide Landlord a copy of a valid
renter’s insurance policy whenever Landlord requests and at time of lease renewal.
C. Any insurance policy purchased by Tenant must be written by an insurance carrier which has
a current rating by Best's Insurance Reports of "A" (excellent) or better and a financial rating of
"X" or better, or such equivalent classification as may hereinafter be required customarily for
properties similarly situated, and approved by Landlord, and the insurance carrier must be
authorized by law to do business in the State of Colorado.
D. Notwithstanding anything to the contrary contained herein, the Tenant's obligation to carry
insurance as provided herein may be brought within the coverage of a “blanket” policy or policies
of insurance carried and maintained by Tenant, so long as such policy or policies segregate the
amount of coverage applicable to the Premises. Also, if Tenant is a “public entity” within the
meaning of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. C.R.S. (the
“CGIA”), Tenant need only maintain during the term of this Lease only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA, and shall
show proof of such insurance upon Landlord’s request. Nothing herein is intended as a waiver by
either party of the provisions of the CGIA.
E. Tenant also acknowledges and agrees that Tenant will accept a charge of Fifty Dollars
($50) for a Lease Violation Fee, in any month during which Tenant allows the coverage described
above to lapse or expire. This charge will only appear if Tenant allows the renter’s insurance policy
to lapse. This fee is non-refundable nor proratable. This charge will occur each month that the
Tenant does not have renter’s insurance. This Lease Violation Fee is for the purpose of reimbursing
the Landlord for multiple expenses associated with the risk of placing renters’ insurance on an
uninsured Tenant and the Premises.
12. Subletting and Assignment. Tenant must not assign this Lease, any interest or any part thereof, any
right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior written
consent of Landlord, which consent will not be unreasonably withheld. Landlord’s consent to one
assignment or hypothecation is not a consent to any subsequent assignment or hypothecation, and unless
Tenant has obtained Landlord’s written consent, any assignment, transfer, or attempted assignment or
transfer of this Lease, or any interest therein or hypothecation thereof, either by the voluntary or involuntary
act of Tenant or by operation of law or otherwise, may, at the option of Landlord, terminate this Lease. Any
such purported assignment or transfer without such consent will be null and void. Landlord’s consent to
any such assignment does not relieve Tenant from any obligation under this Lease unless Landlord
expressly agrees in writing to relieve Tenant from such obligation.
If Tenant assigns this Lease or if the Premises or any part thereof is sublet or occupied by anyone
other than Tenant, Landlord may collect rent from the assignee, sub-Tenant, or occupant and employ the
net amount collected to the Monthly Rent. No such collection will release Tenant from the complete
performance of Tenant’s obligations under this Lease.
13. Notice of Intent to Vacate. Tenant shall provide notice of renewal or vacancy on or before sixty
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(60) days prior to the expiration date of the Lease. No act or thing done by Landlord or Landlord’s agents
or employees during the Lease Term will be considered as an acceptance of the surrender of the Premises,
and no agreement to accept such surrender will be valid unless in writing signed by the Landlord. The
delivery of keys to an employee of Landlord or to Landlord’s agent will not operate as a termination of this
Lease or a surrender of the Premises. Tenant’s liability for any and all rent and utilities shall not be released
until all keys and possession of the Premises are returned to Landlord, or the expiration date of the Lease,
whichever is later.
14. Default of Tenant. If any one or more of the following events (collectively, "an event of default")
happens:
1. Tenant defaults in the due and punctual payment for the Monthly Rent or any other amounts
required to be paid hereunder, and such default continues for ten (10) days after the receipt of
written notice from Landlord; or
2. Tenant neglects or fails to perform or observe any of Tenant’s other obligations hereunder,
and Tenant fails to remedy the same within ten (10) days after Tenant receives written notice from
Landlord specifying such neglect or failure, or Tenant fails to begin such cure within said ten (10)
days and proceed with due diligence to complete said cure when the default is of such nature that
it cannot be cured within said ten (10) day period; or
3. Tenant (i) is adjudicated bankrupt or insolvent, (ii) files a petition in bankruptcy for
reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in the
future amended), or (iii) makes an assignment of its property for the benefit of its creditors.
Then, and in any one or more such events, Landlord has the right to give Tenant written notice of
its intention to terminate this Lease on the date of such given notice or any later date specified therein, and
on such specified date, Tenant’s right to possession of the Premises will cease and this Lease will be
terminated.
15. Surrender of the Premises. Tenant, upon the expiration or termination of this Lease, either by lapse
of term or otherwise, agrees to peaceably surrender to Landlord the Premises, including the alterations,
additions, improvements, changes, and fixtures other than Tenant's movable trade fixtures, equipment, and
furniture, in broom-clean condition and in good repair, except for ordinary wear and tear, acts of God, and
damage by fire or other casualty not caused by the negligence of Tenant or anyone under Tenant's control.
All such work must be done in a good and workmanlike manner and must consist of new materials unless
otherwise agreed to by Landlord.
16. Mechanic's Liens. Tenant agrees to pay or cause to be paid promptly all bills and charges for
material, labor, or otherwise in connection with or arising out of any alterations, additions, or changes made
by Tenant or its agents or sub-Tenants to the Premises. Tenant agrees to hold Landlord free and harmless
against all liens and claims of liens for such labor and materials, or either of them, filed against the Premises
or any part thereof, and from and against any expense and liability in connection therewith. Tenant further
agrees to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's,
materialman's, or other liens against the Premises arising out of any payment due or alleged to be due for
any work, labor, services, materials, or supplies claimed to have been furnished at Tenant's request in, on,
or about the Premises, and, unless Tenant is a government entity, to indemnify Landlord against any lien
or claim of lien attached to or upon the Premises, or any part thereof by reason of any act or omission on
Tenant's part. Tenant has, however, the right to contest any mechanic's liens or claims filed against the
Premises, provided Tenant diligently prosecutes any such contest, and at all times effectively stays or
prevents any sale of the Premises under execution or otherwise, and pays or otherwise satisfies any final
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judgment adjudging or enforcing such contested lien, and thereafter procures record satisfaction or release
thereof. Tenant also agrees to defend any such contest on behalf of Landlord, at Tenant's cost and expense.
Landlord reserves the right to make any payments or perform any action required hereunder by Tenant (but
is not required to do so), and all amounts expended by Landlord, plus a ten per cent (10%) fee per cost
incurred, must be paid by Tenant within thirty (30) days following notification of such expenditures.
17. Attorneys' Fees. Tenant will pay and, unless Tenant is a government entity, indemnify Landlord
against all legal costs and charges, including legal costs and attorneys' fees, lawfully and reasonably
incurred in obtaining possession of the Premises after default of Tenant, or incurred after Tenant surrenders
possession upon the expiration or sooner termination of this Lease, or incurred in enforcing any covenant
of Tenant herein contained or any right granted to Landlord. If either party commences an action or
proceeding to enforce any obligation under this Lease, reasonable attorney’s fees may be aw arded to the
prevailing party, as determined by the court.
18. Subordination. Landlord reserves the right to subject and subordinate this Lease, at all times, to the
lien of any mortgages or deeds of trust hereafter placed upon Landlord’s interest. Tenant agrees to promptly
execute and deliver, upon Landlord’s request, such instruments subordinating this Lease to the lien of any
such mortgages or deeds of trust as are reasonably necessary in connection therewith, provided that
Landlord delivers to Tenant at the same time an agreement by the holder of any such mortgage (or deed of
trust) agreeing not to disturb or interfere with the rights of Tenant hereunder in the event of any foreclosure
so long as Tenant complies with all of the provisions hereof.
19. Common Areas and Parking. Common areas and off-street parking, if applicable, are shown on
Exhibit A. Tenant is responsible for notifying its agents, employees, and invitees whether they are or are
not permitted the use of the off-street parking areas, driveways, and alleyways on the Premises, and for
ensuring that such persons do not park in violation of this section. Entrances, exits and other facilities
furnished by Landlord in, on or near the Property or the Premises, are at all times subject to the exclusive
control and management of Landlord, notwithstanding, that Tenant and its agents, employees, and invitees
may have a non-exclusive right to the use thereof. Landlord has the right from time to time to establish,
modify, and enforce reasonable rules and regulations with respect to said facilities.
20. Maintenance/Repair and Utilities Responsibilities.
A. Tenant and Landlord will be responsible for maintenance, repairs, and utilities as indicated in
Exhibit B and Exhibit C. All utilities for which Tenant is responsible are expected to be set up,
managed, and maintained by Tenant at Tenant’s sole expense. For any utility service for which
Tenant is unable to establish an account of its own because that service is already under the account
of Landlord, Landlord shall invoice Tenant for reimbursement of the charges attributable to
Tenant’s use of the Premises.
B. Tenant, at its sole expense, shall keep the exterior and interior of the Premises in a clean, orderly,
and safe condition, free of litter, debris, weeds, snow, and any unsightly or dangerous condition as
required by ordinances, resolutions, statutes, and health, safety, sanitary, fire, and police
regulations, unless stated otherwise in Exhibit(s) B and C. This provision also applies to any
maintenance obligations set forth in the City Code or other legal document for any sidewalks,
streets, alleyways, or parkways adjacent to the Premises.
C. Tenants shall refrain from rowdy, unruly or disturbing behavior. Loud talking, unnecessary noise
(including loud vehicle music), vibrations, odor, boisterous conduct, singing, playing of musical
instruments or loud operations of a television, stereo, computer, radio, or other nuisance that
disturbs others is not allowed at any time. Noise should not carry beyond the Premises.
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D. Tenant will neither hold nor attempt to hold Landlord liable for any injury or damage, either
approximate or remote, occasioned through or caused by defective electrical wiring or the breaking
or stoppage of plumbing or sewage upon the Premises, whether said breakage or stoppage results
from freezing or otherwise.
E. Tenant will be liable for and reimburse Landlord for the cost of any repairs or damage caused by
any act or negligence of Tenant or Tenant's agents, employees, or invitees.
F. On default of Tenant to make any repairs or replacements required to be made by it by this Lease,
Landlord may, but is not required to, make such repairs or replacements at Tenant’s expense.
Landlord’s costs for such repairs or replacements will constitute and be collectible by Landlord as
additional rent owed by Tenant due at the time of the next Monthly Rent payment according to
section 9 as set forth above.
G. Notwithstanding anything to the contrary contained herein, Landlord will not in any way be liable
to Tenant for failure to make repairs as herein specifically required of Landlord unless Tenant has
previously notified Landlord in writing of a need for such repairs and Landlord has failed to
commence and complete said repairs within a reasonable period of time following receipt of
Tenant's written notification.
H. Tenant shall not commit nor permit Tenant’s invitees or guests to commit any violation of local,
state or federal law on the Premises. Notwithstanding the provisions of paragraph 14, upon a
violation of this requirement Landlord may terminate this Lease with no right of Tenant to cure the
default prior to termination. Tenant is responsible for the conduct of its visitors and guests and
Tenant is responsible for any damage to the premises, furnishings, or landscaping caused by its
invitees or guests.
I. The Premises is smoke-free and Tenant, its agents, employees, contractors, or invitees agree to
abide by City Ordinance No. 098, 2015 and not smoke or vaporize ANY substance in, on, or near
the Premises. The possession, consumption or cultivation of marijuana plants or products, including
hydroponic cultivation, is prohibited on the Premises. Any violation of the no-smoking policy is a
material and substantial violation of this Lease.
J. Tenant shall not disrupt or interfere with Landlord’s business operations, or communicate with
Landlord, Landlord’s agents, or their employees in an unreasonable, discourteous, rude, or hostile
manner.
21. Alterations and Improvements. By executing this Lease, Tenant is deemed to have accepted the
Premises in its present “as is” condition. Tenant acknowledges that the Premises, in its present condition,
complies fully with Landlord’s representations hereunder.
A. Any and all alterations, additions, improvements or changes to the Premises by Tenant
subsequent to the Commencement Date of the Lease term are subject to the written approval of
Landlord and must be done in a good and workmanlike manner without impairing the structural
soundness of the building, and in compliance with the building and zoning laws and all other laws,
ordinances, orders, rules, regulations and requirements of all federal state or municipal
governments, and the appropriate departments, commissions, boards, and officers thereof. Tenant
must procure certificates of occupancy, if required by law. Furthermore, Tenant must not begin any
alterations, additions, or improvements until any contractor or subcontractor engaged for such
purpose delivers to Tenant (with a copy to Landlord) a certificate showing that proper errors and
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
omissions and workmen's compensation insurance is in full force and effect, covering any persons
performing such work, and that the same may not be canceled without at least ten (10) days prior
written notice to Landlord. Furthermore, Tenant must not begin any alterations, additions, or
improvements until Tenant has procured and paid for all required municipal and other
governmental permits and authorizations of the various municipal departments and governmental
subdivisions having jurisdiction over the matter.
B. Tenant must not begin any changes or alterations via a third-party vendor unless there is
the following notice conspicuously placed on the Premises:
NOTICE
Notice is hereby given pursuant to section 38-22-105(2), C.R.S., that the owners
of the within premises have not ordered any construction or reconstruction of
the improvements on these premises; and the owners' interest in the premises
shall not be subject to any lien on account of any construction, alteration,
removal, addition, repair, or other improvements of the premises.
C. At the end of the term of this Lease, all fixtures, furniture, equipment, additions and
alterations, except trade fixtures installed by Tenant, shall be and remain the property of Landlord;
however, Landlord may require Tenant to remove any or all such fixtures, equipment, additions
and alterations, and restore the Premises to the condition that existed immediately prior to such
change and installation, normal wear and tear excepted, all at Tenant's cost and expense. All such
work must be done in a good and workmanlike manner and must consist of new materials unless
otherwise agreed to by Landlord.
D. Tenant must not affix, erect, or maintain on the Premises any business or commercial
sign or advertisement without first obtaining Landlord’s approval. Tenant is responsible for all
costs of erection and maintenance of such sign or advertisement. Tenant shall deposit with the
Landlord as an additional Security Deposit an amount of money equivalent to the amount of the
bid for removing the signage to secure performance of the removal obligation. All such approved
signage shall be removed by Tenant upon vacating the premises. Any damage to the premises
caused by such removal shall be immediately repaired by Tenant at its sole cost and expense. Such
obligations shall survive expiration and termination of this Lease.
E. Tenant shall immediately provide copies of keys for any door lock or padlock on the
Premises that Tenant re-keys or changes.
F. Landlord reserves the right, from time to time (without invalidating or modifying this
Lease), to make alterations, changes, and additions to the Premises.
22. Hazardous Material. As used herein, the term "Hazardous Material" means any hazardous or toxic
substance, material, or waste which is or becomes regulated by any local governmental authority, the state
of Colorado, or the United States Government. The term "hazardous material" includes, without limitation,
any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law
provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to section 311
of the Federal Water Pollution Control Act (33 U.S.C. section 1321); (v) defined as "hazardous waste"
pursuant to section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903);
(vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage
Tanks) (42 U.S.C. Section 6991).
Tenant must not cause or permit any Hazardous Material to be brought upon, kept, or used in or
about the Premises by Tenant, its agents, employees, contractors, or invitees, without the prior written
consent of Landlord (which Landlord will not unreasonably withhold as long as Tenant demonstrates to
Landlord’s reasonable satisfaction that such hazardous material is necessary or useful to Tenant's business
and will be used, kept, and stored in a manner which complies with all laws regulating any such Hazardous
Material). If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous
Material on the Premises caused or permitted by Tenant results in contamination of the Premises, or if
contamination of the Premises by Hazardous Material otherwise occurs for which Tenant is legally liable
to Landlord for damage resulting therefrom, then Tenant releases Landlord from and assumes responsibility
for all damages, penalties, fines, costs, or losses incurred by Tenant and Landlord (including, without
limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or
usable space, or of any amenity of the Premises, damages arising from adverse impact or marketing of
space, and attorney and consultant fees), and, unless Tenant is a governmental entity, will indemnify,
defend, and hold Landlord harmless from any and all claims, judgments, damages and sums paid in
settlement of claims by third parties which arise during or after the Lease Term as a result of such
contamination.
Tenant’s responsibility for contamination caused by Tenant includes, without limitation, costs
incurred in connection with any investigation of site conditions or any clean up, remedial, removal, or
restoration work required by any federal, state, or local governmental agency, or political subdivision
because of Hazardous Material present in the soil or groundwater on or under the Premises/Property.
Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or
permitted by Tenant results in any contamination of the Premises or Property, Tenant must promptly take
all actions at its sole expense as are necessary to return the Premises/Property to the condition existing prior
to the introduction of any such Hazardous Material to the Premises, provided that Tenant first obtain
Landlord’s approval of such action, which approval will not be unreasonably withheld so long as such
action would not potentially have any material adverse effect on the Premises or Property.
23. Americans with Disabilities Act (ADA). If the Premises is used for commercial or business
purposes, Tenant must comply with all Federal, State, and local accessibility laws, including the
requirements of the Americans with Disabilities Act (ADA). Landlord does not represent that the Premises
meet the requirements of the ADA for the purposes of Tenant's intended use of the Premises. Any
improvements required to bring the Premises into compliance with the ADA for the purposes of Tenant’s
intended use are Tenant’s sole responsibility, and, unless Tenant is a government entity, Tenant will
indemnify and defend Landlord against any claims brought under the ADA regarding the Premises.
24. Taxes, Real and Personal. Upon commencement of the term of this Lease, Tenant shall be
responsible for payment of the real property taxes and assessments, if any, that may be imposed upon the
Premises. Tenant must pay all sales and use taxes that may be imposed as the result of the business
conducted on the Premises and all personal property taxes assessed against personal property situated
thereon during the term of this Lease. If Tenant fails to pay any such taxes, Landlord may pay the same
(but is under no obligation to do so), and the amount so paid will be due to Landlord from Tenant at the
time of the next Monthly Rent payment. Landlord, by paying any such amount, does not waive any of its
rights hereunder regarding such default.
Tenant is not required to pay any tax, assessment, tax lien or other imposition or charge upon or
against the Premises or any part thereof or the improvements at any time situated thereon so long as Tenant,
in good faith and with due diligence, contests the same or the validity thereof by appropriate legal
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
proceedings that have the effect of preventing the collection of the tax, assessment, tax lien, or other
imposition or charge so contested. However, pending any such legal proceedings, Tenant must give
Landlord such reasonable security as may be demanded by Landlord to insure payment of the amount of
the tax, assessment, tax lien, or other imposition or charge and all interest and penalties thereon.
25. Tenant to Save Landlord Harmless. Tenant will release Landlord from and, unless Tenant is a
government entity, indemnify and hold Landlord harmless from and against, all claims, demands,
judgments, costs, and expenses, including attorneys' fees, arising out of any accident or occurrence causing
injury to any person or property, whomsoever or whatsoever, due directly or indirectly to the condition of
the Premises and Property, or the use or neglect of the Premises or Property, or any other part of Landlord’s
property, by Tenant, its agents, employees, and business invitees, or any person or persons (and their agents,
employees, and business invitees), holding under Tenant, unless such accident or occurrence results from
any tortious misconduct or negligent act, or omission on the part of Landlord, its agents, and employees.
Tenant will further release, and, if applicable, indemnify and hold harmless Landlord from any
damages and all penalties arising out of any failure of Tenant, in any respect, to comply with all of the
requirements and provisions of this Lease. Tenant covenants that Tenant will keep and save Landlord and
Landlord’s interest in and to the Premises forever harmless from any penalty, damage, or charge imposed
by any violation of any laws, whether occasioned by an act of neglect of Tenant or by another or others in
the Premises holding under or through Tenant.
Tenant acknowledges that other tenants besides Tenant may be occupying rental spaces in the same
building as the Premises or on other portions of the Property. Landlord has no responsibility or liability for
the actions of such other tenants, their agents, employees, and business invitees, and Tenant releases
Landlord from any claims, demands, or actions arising out of such actions.
If there are multiple Tenants under this Lease, each of them acknowledges and agrees that they are
jointly and severally liable for any and all obligations of Tenant under this Lease.
26. Total or Partial Destruction. If, during the term of this Lease, the Premises or any part thereof is
destroyed or so damaged by fire or other casualty as to become untenantable, then, at Landlord’s option,
the Lease Term hereby created will cease, and this Lease will become null and void from the date of such
damage or destruction. Tenant must immediately surrender the Premises and its interest therein to Landlord.
Tenant must pay the Monthly Rent within said term only to the time of such surrender, provided, however,
that Landlord exercises such option to so terminate this Lease by notice in writing delivered to Tenant
within thirty (30) days after such damage or destruction.
If Landlord does not elect to terminate this Lease, this Lease will continue in full force and effect,
and Landlord will repair the Premises with all reasonable speed, placing the same in as good a condition as
it was at the time of the damage or destruction, and for that purpose may immediately enter upon the
Premises to conduct such repairs. Tenant must remove all rubbish, debris, furniture, furnishings, equipment,
and other items of personal property within five (5) days after requested by Landlord to facilitate repairs.
The Monthly Rent will abate in proportion to the extent and duration of the untenantability.
If the Premises are only slightly damaged by fire or the elements so as to not render the same
untenable and unfit for occupancy, then Landlord will repair the same with all reasonable speed. In that
case, the Monthly Rent will not abate. Tenant is not entitled to any compensation from or claims against
Landlord for any inconvenience or annoyance arising from the necessity of repairing any portion of the
Premises.
27. Condemnation. If, as a result of any exercise of the power of eminent domain (hereinafter referred
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
to as “proceedings”), any of the following happen:
A. The title to the whole or substantially all of the Premises is taken; or
B. The Premises are deprived of adequate ingress or egress to or from all public streets and
highways abutting the Premises; or
C. All or substantially all of the parking area outside of the Premises is taken;
and Tenant cannot reasonably operate in the remainder of the Premises at the time of such taking, then this
Lease will terminate as of the date of such taking pursuant to such proceedings. For the purpose of
construing the provisions of this section, "proceedings" shall include any negotiated settlement of any
matter involving a condemnation, and a "taking" shall be deemed to occur when title to the Premises or
possession thereof is acquired by a governmental authority, whichever first occurs.
If, during the term of this Lease, title to less than the whole or title to less than substantially all of
the Premises is taken in any such proceedings and Tenant can reasonably operate in the remainder of the
Premises at the time of such taking, this Lease will not terminate.
All damages awarded for any taking described in this section are the property of the Landlord,
except to the extent that any amount thereof is specifically attributable to Tenant's trade fixtures, and to the
extent that Landlord is permitted by law to recover any damages it may sustain as the result of such taking.
28. Covenant of Title. Landlord covenants that it is well seized of and has good title to lease the
Premises to Tenant under the terms and provisions of this Lease.
29. Covenant of Quiet Enjoyment. Tenant shall and may peacefully and quietly have, hold, and enjoy
the said Premises upon payment of the monthly rent and all other amounts due Landlord and performing
all of the covenants and observing all the rules and regulations.
30. Rules. Landlord may from time to time establish any additional reasonable Rules as it may deem
necessary and proper for the management and control of the Premises. This Lease shall be in all respects
subject to such Rules, which Rules shall be a part hereof, and Tenant shall obey all Rules and see they are
faithfully observed by all visitors and guests. Breach of established Rules shall constitute a default and be
grounds for eviction.
31. Landlord’s Right of Entry. Landlord reserves the right, at all reasonable times and with reasonable
notice of not less than twenty-four (24) hours, and at all times during emergencies with no prior notice, for
Landlord or Landlord’s agents to enter the Premises for the purpose of 1) inspecting and examining the
Premises; 2) or to show the same to prospective purchasers or Tenants; 3) or to make such repairs,
alterations, improvements or additions as Landlord may deem necessary or desirable.
During the sixty (60) days prior to the Expiration Date, or any renewal term, Landlord may exhibit
the Premises with prior notice and so as not to interfere with regular use of the Premises, to prospective
Tenants or purchasers, and place upon the Premises the usual notice advertising the Premises for sale or
lease, as the case may be, which notices Tenant shall permit to remain thereon.
In the event of an emergency, in order to protect or minimize the risk of harm to life or property, if
Tenant shall not be personally present to open and permit an entry into the Premises, or at any time when
for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter
the Premises by a master key or may forcibly enter, without rendering Landlord or such agents liable
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
therefore, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein
contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility,
or liability whatsoever for the care, maintenance, or repair of the Premises or any part thereof, except as
otherwise herein specifically provided.
Tenants are required to make their own accommodations for the entry and access of Tenant’s
personal service vendors. Written permission will be required prior to issuing a duplicate key. Landlord
offers this service during normal business hours only, nor does the Landlord assume any responsibility for
damage, lost or stolen articles, or unlocked doors. Tenant will be responsible for the cost associated with
issuing a duplicate key or letting an individual onto the Premises.
32. Notices. Tenant and Landlord agree and consent to the use of electronic communications for any
notice required under this Lease. Any notice must be in writing and emailed to the email addresses specified
herein. Either party may at any time designate, by proper written notice, a different email address to which
notices shall be sent. Where permitted or required by law, Landlord may also deliver notice to Tenant by
delivering a copy of the notice or by posting in a conspicuous place on the Premises.
33. Time of the Essence. Time is of the essence of this Lease and each and every provision hereof.
34. Counterpart Signatures. This Lease may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same Lease. Signature
pages may be delivered by facsimile copy, DocuSign, or e-mailed as a PDF file. Facsimile, DocuSign, and
PDF signatures are binding on the parties as if they were originals.
35. Miscellaneous.
A. Words of the masculine gender include the feminine and neuter genders, and when the
sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include
the plural and vice versa.
B. This Lease shall be construed according to its fair meaning and as if prepared by both
parties hereto and is deemed to be and contain the entire understanding and agreement between the
parties hereto. There should not be deemed to be any other terms, conditions, promises,
understandings, statements, or representations, express or implied, concerning this Lease unless set
forth in writing and signed by both parties hereto.
C. The section headings used herein are for convenience of reference only and in no way
define, limit, or prescribe the scope or intent of any provision under this Lease.
D. Subject to the provisions hereof, the benefits of this Lease and the burdens hereunder inure
to and are binding upon the parties hereto and their respective heirs, administrators, successors, and
permitted assigns. Provisions of this Lease requiring continued performance, compliance, or effect
after Lease termination shall survive such termination.
E. No waivers by Landlord of any one or more of the terms, covenants, conditions, and
agreements of this Lease shall be deemed to imply or constitute a waiver of any succeeding or other
breach hereunder, and the failure of Landlord to insist upon strict performance of the terms,
conditions, covenants, and agreements herein contained do not constitute and should not be
considered as a waiver or relinquishment of Landlord’s rights thereafter to enforce any such default
or term, condition, covenant, or agreement, and the same will continue in full force and effect.
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
F. The remedies of Landlord under this Lease are cumulative, and none of them shall be
construed as exclusive of any other or of any other remedy provided by law. This Lease is governed
by and its terms construed under the laws of the State of Colorado.
G. Landlord reserves the right to grant such utility easements and other easements as it desires
over, across, and under portions of Landlord’s property so long as such easements do not
unreasonably interfere with Tenant's continuing use of the Premises.
H. At any time, and from time to time, Tenant agrees, upon request in writing from Landlord,
to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this Lease
is unmodified and in full force and effect (or if there have been modifications, that the same is in
full force and effect as modified and stating the modifications) and the date to which the Monthly
Rent and other charges have been paid.
I. Nothing contained herein shall be deemed or construed by the parties hereto nor by any
third party as creating the relationship of principal and agent, or a partnership or a joint venture
between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts
of the parties herein shall be deemed to create a relationship between the parties hereto other than
the relationship of Landlord and Tenant.
J. All periods and time frames referred to in this Lease shall be defined as calendar days and
not business days.
K. The parties acknowledge that in subsequent fiscal years obligations under this Lease of
Landlord, and Tenant, if Tenant is a government entity, may be subject to appropriation of sufficient
funds intended for such purpose by such party’s governing body in its discretion.
36. Authority. Each person executing this Lease represents and warrants that he or she is duly
authorized to execute this Lease in his or her individual or representative capacity as indicated.
This Lease may be fully executed on any number of encounters, each of which shall be deemed as original
but all of which together shall constitute one and the same instrument. This Lease is a legal instrument and
prior to signing this Lease, Tenant is encouraged to consult an attorney at Tenant’s own expense if Tenant
does not fully understand the terms and conditions hereof. Any person signing this Lease whether as a
tenant, guarantor, or in any other capacity, recognizes or agrees that venue and jurisdiction shall be vested
in Larimer County, Colorado.
By signing this Lease Contract, Tenant acknowledges that: (a) Tenant received a disclosure from
Landlord about Landlord’s application fees prior to Tenant submitting a rental application; (b) Tenant
received a receipt from Landlord for any application fees and deposits Tenant paid at the time of Tenant’s
application; and (c) Tenant received any statutorily required disclosures from Landlord regarding any
known pest control issues affecting the Premises. Tenant agrees that if Tenant fails to notify Landlord within
ten (10) days of executing this Lease that Tenant did not receive a copy of the fully executed Lease from
Landlord, Tenant’s failure to notify Landlord shall be considered Tenant’s acknowledgment of receiving a
copy of the fully signed Lease.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written
below.
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
TENANT:
____________________
Date Signature of Signing Authority
Printed Name
Title:
ATTEST (if Tenant is a corporation):
_______________________________
Corporate Secretary
LANDLORD:
____________________
Date Kelly DiMartino, City Manager
ATTEST:
Printed Name
Title:
APPROVED AS TO FORM:
Assistant City Attorney
Printed Name
ITEM 3, ATTACHMENT 5
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COMMERCIAL LEASE AGREEMENT
ITEM 3, ATTACHMENT 5
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Exhibit A
Leased Premises
Location Address:
117 N Mason St, Fort Collins, CO 80524
Assessor Parcel Number:
9711463902
Diagram:
ITEM 3, ATTACHMENT 5
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Exhibit A
Leased Premises
ITEM 3, ATTACHMENT 5
Packet Pg. 54
Exhibit B
High Performance Green Lease Provisions
1. SUSTAINABILITY CONTACT. Questions related to energy and water efficiency in
leased spaces can be addressed to the Environmental Sustainability Manager at
mdemasters@fcgov.com.
2. COST RECOVERY CLAUSE. Lessor may deem the following Capital Expenses as
Operating Expenses: costs of providing, installing, modifying, and upgrading energy and
water conservation equipment and systems, and making alterations, replacements or
additions to the building intended to reduce operating costs, utility consumption, and/or
greenhouse gas emissions, improve the operation of the building and the systems, facilities
and equipment serving the building, or maintain their operation.
Lessee may make energy efficiency upgrades to the Leased Premises that benefit Lessee,
at the sole cost of Lessee, and in accordance with the terms and conditions of the Lease.
Lessee will be entitled to any and all utility cost savings associated with such upgrades.
During the term of the Lease, such upgrades will remain the ownership of Lessee as fixtures
to the Leased Premises. Upon termination of the Lease, ownership of the upgrades will
revert to Lessor in accordance with the provisions of the Lease.
3. ENERGY STAR SCORE. Lessor agrees to provide, at Lessee's request, building level
energy and water consumption, as well as (if applicable) the ENERGY STAR score of the
building.
4. ALTERATIONS AND IMPROVEMENTS. Before making any alterations to the Leased
Premises that may adversely affect the environmental performance of and/or any energy
performance rating of the Leased Premises, Lessee shall provide sufficient information to
Lessor in writing so as to enable Lessor to assess the potential adverse effects of the
proposed alterations. Lessee shall only commence with the alterations after receiving
written consent from Lessor.
5. SUSTAINABLE PRACTICES AND MATERIALS. Lessor and Lessee, when purchasing
appliances for the Leased Premises, shall purchase ones that are ENERGY STAR® or
comparably efficient. Lessor shall protect indoor air quality by using low-VOC paints and
carpets and requiring the use of “green” and non-toxic cleaning products.
6. PLUG LOADS. Lessee shall reduce plug loads by using equipment and appliances
(including, without limitation, computers, monitors, printers, refrigerators, dishwashers,
water coolers, copiers, and A/V and IT equipment) that meet or exceed ENERGY STAR
requirements.
7. HVAC, TEMPERATURE SETTING AND USE OF STAND-ALONE ENERGY
INTENSIVE EQUIPMENT. Lessor shall provide HVAC in quantities and at temperatures
required to maintain conditions within a reasonable temperature range in the Leased
Premises.
A. Lessee shall not permit the use of, within the Leased Premises, any stand-alone energy
intensive equipment designed to modify indoor air temperature or humidity, including
ITEM 3, ATTACHMENT 5
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Exhibit B
High Performance Green Lease Provisions
but not limited to portable air conditioners, space heaters, humidifiers, or
dehumidifiers.
B. Lessee shall use best efforts to reduce building-wide energy use and minimize
unnecessary use of electricity, water, heating, and air conditioning, including using
window shades and curtains to keep out summer heat and keep in winter warmth.
8. WATER FIXTURES AND PLUMBING. For new installations and whenever plumbing
fixtures are being replaced, Lessor and/or Lessee will install fixtures that conform to EPA
WaterSense criteria or fixtures with equivalent flow volumes.
9. IRRIGATION AND LANDSCAPING. Lessor and/or Lessee shall utilize irrigation
technologies at the lowest rate required to keep plants healthy. Irrigation systems will be
controlled by rain gauges or soil moisture sensors to eliminate unnecessary irrigation
during or after rain events. Lessor and/or Lessee shall landscape the site with plants that
are either native or well-adapted to local growing conditions, as selected or approved by a
landscape design professional.
10. RECYCLING. Lessee shall use best efforts to recycle by disposing all and only recyclable
items in designated recycling bins.
11. UTILITIES AND ENERGY/WATER MANAGEMENT.
A. Incentives of any type (government, utility, etc.) conferred to the Leased Premises due
to energy or water efficiency improvements performed by Lessor will accrue to Lessor.
Similarly, incentives of any type conferred to the Leased Premises due to energy or
water efficiency improvements performed by Lessee will accrue to Lessee.
B. Lessee agrees to cooperate fully with Lessor to ensure the most effective and energy-
efficient operation of the Leased Premises. Lessee shall not waste electricity, water,
heat, air conditioning, and other utilities and services at the Leased Premises. If the
HVAC equipment is maintained by Lessee, Lessee agrees to conduct periodic energy
audits of the Leased Premises and to conduct retro-commissioning periodically, in
order to optimize energy consuming systems and equipment.
C. Lessee agrees to track common area energy and water use and Lessor agrees to disclose
whole-building ENERGY STAR® score annually as required by City of Fort Collins
Ordinance No. 144 Building Energy and Water Scoring Program.
D. To ensure efficient function of the heating, ventilation and air-conditioning (HVAC)
systems, if Lessee maintains the HVAC systems, Lessee shall adhere to the following:
(i) use programmable thermostats or other means to lower heating set point and increase
cooling setpoints during unoccupied periods; (ii) restrict HVAC hours to Lessee’s
business hours, with a reasonable amount of extra time to allow the space to reach
temperature set point. HVAC operation during after-hours will only be allowed upon
written consent by Lessor; (iii) perform janitorial work during Lessee’s regular
ITEM 3, ATTACHMENT 5
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Exhibit B
High Performance Green Lease Provisions
business hours so as to not extend the time that HVAC and lighting equipment are
utilized; (iv) clean and replace air filters as often as recommended by manufacturers to
prevent equipment from having to work harder to push air through clogged filters to
maintain good quality indoor air and prevent occupant discomfort and building related
illness; and (v) prohibit use of individual space heaters.
E. Lessee shall not obstruct, alter, or in any way impair the efficient operation of the
Leased Premise’s HVAC systems. Lessee shall not place furniture, equipment, or other
objects where they would interfere with air flow; not tamper with temperature control
valves without the express prior written consent of Lessor; keep corridor doors and all
windows closed (except that if the air circulation shall not be in operation, and if
windows are capable of being opened, windows may be opened); and during hot
weather months, lower and partially close window blinds or drapes when the sun’s rays
fall directly on windows of the Leased Premises. If the HVAC equipment is maintained
by Lessee, Lessee shall obtain recurring inspections of HVAC equipment and
maintenance systems. If the HVAC equipment is maintained by Lessee, Lessee agrees
to inspect for and repair refrigerant leaks in all air conditioning equipment.
F. Lessee agrees to use ENERGY STAR® appliances in Leased Premises. Lessee agrees
to train occupants to turn off or unplug lights, electronics, and appliances when not in
use and/or provide energy saving power strips at employee workstations. Lessee agrees
to consider installing lighting controls such as occupancy sensors, daylight harvesting
or timers in all non-regularly occupied spaces, including break rooms, storage rooms,
and bathrooms. Lighting control system shall be above the local code requirement.
G. If applicable, Lessee agrees to inspect door gaskets on walk-in refrigerators for leaks
and to install strip curtains and automatic door closures.
H. Lessee agrees not to use vending machines due to their high energy usage.
ITEM 3, ATTACHMENT 5
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Exhibit C
Responsibilities Matrix
Cleaning/Maintenance/Repair/Utilities/Operating Expenses
Leased Premises: 117 N Mason St, Fort Collins, CO 80524
Item of Responsibility Responsible Party Reimbursable
To City
Task: Cleaning/Maintenance/Repair (C/M/R) Landlord Tenant Y/N-(C/M/R)
EXTERIOR & COMMON AREAS
Exterior
All Exterior Cleaning-Surfaces Only (C) ☒ ☐ N
Snow removal (C) ☒ ☐ N
Roof (M/R) ☒ ☐ N
Gutter (M/R) ☒ ☐ N
Walls (M/R) ☒ ☐ N
Paint (M/R) ☒ ☐ N
Windows/glass (M/R) ☐ ☒ Y
Lighting fixtures (M/R) ☒ ☐ N
Light bulbs (M/R) ☐ ☒ Y
Doors/glass (M/R) ☐ ☒ Y
Foundation (M/R) ☒ ☐ N
Sanitary sewer (M/R) ☒ ☐ N
Stormwater facilities (M/R) ☒ ☐ N
Landscape Sprinklers (M/R) ☒ ☐ N
Landscaping/Grass (M/R) ☒ ☐ N
Hardscape/Walkways/Sidewalks (M/R) ☒ ☐ N
Parking lot (M/R) ☒ ☐ N
Fencing/gates (M/R) ☒ ☐ N
Mowing/weeds (M/R) ☒ ☐ N
Tree trimming (M/R) ☒ ☐ N
Signage (M/R) ☒ ☐ N
Interior (Common Areas Only)
All Interior Cleaning (C) ☐ ☐ N/A
Drain clogs (M/R) ☐ ☐ N/A
HVAC filters and replacement (M/R) ☐ ☐ N/A
Light bulbs (M/R) ☐ ☐ N/A
Smoke alarms/batteries (M/R) ☐ ☐ N/A
Security alarms (M/R) ☐ ☐ N/A
Pest Control (M/R) ☐ ☐ N/A
Appliances (M/R) ☐ ☐ N/A
Fixtures (M/R) ☐ ☐ N/A
Hot water heater/boilers (M/R) ☐ ☐ N/A
HVAC (M/R)
☐ ☐ N/A
ITEM 3, ATTACHMENT 5
Packet Pg. 58
Exhibit C
Responsibilities Matrix
Cleaning/Maintenance/Repair/Utilities/Operating Expenses
Flooring (M/R) ☐ ☐ N/A
Walls (M/R) ☐ ☐ N/A
Paint (M/R) ☐ ☐ N/A
Electrical (M/R) ☐ ☐ N/A
Plumbing (M/R) ☐ ☐ N/A
Utilities (Exterior and Common Areas)
Electricity ☒ ☐ N
Natural Gas ☒ ☐ N
Water ☒ ☐ N
Sewer/Stormwater ☒ ☐ N
Garbage collection/removal ☒ ☐ N
Telephone ☒ ☐ N
Internet/cable/data ☒ ☐ N
INTERIOR
Interior (Premises Only)
All Interior Cleaning (C) ☐ ☒ Y
Drain clogs (M/R) ☐ ☒ Y
HVAC filters and replacement (M/R) ☐ ☒ Y
Light bulbs (M/R) ☐ ☒ Y
Smoke alarms/batteries (M/R) ☐ ☒ Y
Security alarms (M/R) ☒ ☐ N
Pest Control (M/R) ☒ ☐ N
Appliances (M/R) ☐ ☒ Y-(M)
Fixtures (M/R) ☐ ☒ Y-(M)
Hot water heater/boilers (M/R) ☐ ☒ Y-(M)
HVAC (M/R) ☒ ☐ N
Flooring (M/R) ☒ ☐ N
Walls (M/R) ☒ ☐ N
Paint (M/R) ☒ ☐ N
Electrical (M/R) ☒ ☐ N
Plumbing (M/R) ☒ ☐ N
Utilities (Premises Only)
Electricity ☒ ☒ Y
Natural Gas ☐ ☒ Y
Water ☐ ☒ Y
Sewer/Stormwater ☐ ☒ Y
Garbage collection/removal ☐ ☒ Y
Telephone ☐ ☐ N/A
Internet/cable/data ☐ ☐ N/A
ITEM 3, ATTACHMENT 5
Packet Pg. 59
Exhibit C
Responsibilities Matrix
Cleaning/Maintenance/Repair/Utilities/Operating Expenses
Miscellaneous
Miscellaneous
All interior/exterior code inspections ☒ ☐ N
Exterior Security Services ☒ ☐ Y
Elevators ☒ ☐ N
Fire suppression fixtures ☒ ☐ N
Grease Trap Cleaning/Maintenance ☒ ☐ N
Fire extinguishers ☒ ☐ N
Copies of door lock/padlock keys ☐ ☒ Y
Common Operating Expenses
Lessor Operating Expenses
Insurance ☒ ☐ Y
Property Tax ☐ ☐ N/A
Management Fees ☒ ☐ N
Administrative Fees ☒ ☐ N
Accounting Fees ☒ ☐ N
Brokerage Fees ☒ ☐ N
Legal Fees ☒ ☐ N
Debt Service ☐ ☒ Y
Ground Rent ☒ ☐ N
Fines/Fees/Permits/Licenses/Inspections ☒ ☐ N
Advertising ☒ ☐ N
Capital Expenditures ☒ ☐ N
Construction Defects ☒ ☐ N
HAZMAT/Remediation ☒ ☐ N
Policy Premiums/Deductibles ☒ ☐ N
Square footage of Premises occupied by Tenant represents 15.54% of the total overall Property.
Tenant is responsible for reimbursing the City a proportional share of utilities; including electric,
natural gas, water, stormwater, and waste water.
Landlord will coordinate trash service for pick up six (6) days per week, Monday through
Saturday due to increased need by Tenant. Expected cost is $223.77 per month but may differ
based on what is billed by the service provider. Tenant agrees to pay for this service along with
the Utilities that will be billed monthly in arrears.
END
ITEM 3, ATTACHMENT 5
Packet Pg. 60
Exhibit F
Special Terms and Conditions
Premises: 117 N Mason St, Fort Collins, CO 80524
1) Tenant shall use the Premises only for indoor, overnight shelter for up to seventy (70)
persons experiencing homelessness and for no other purpose whatsoever without the
written consent of the City.
2) Tenant may not use the Premises for sheltering people until November 1, 2024.
3) Tenant may not use the Premises for sheltering people on or after May 1, 2025.
4) The shelter shall be allowed to operate seven (7) days per week. No camping, in tents,
vehicles or otherwise, is permitted anywhere on the Premises or the surrounding property,
and Tenant shall actively discourage clients from congregating outside the Premi ses or in
the immediate vicinity before, during and after hours of operation.
5) The shelter shall open no earlier than 5:30 PM and all clients must be off the Premises by
7:45 AM; however, these hours may be changed as needed upon mutual, written agreement
by both parties.
6) Tenant shall have access to the Leased Premises during off hours for cleaning and delivery
of goods necessary to operate the shelter, subject to any limitations stated in the Lease.
7) Square footage of Premises occupied by Tenant represents 15.54% of the total overall
Property. Tenant is responsible for reimbursing the City a proportional share of utilities;
including electric, natural gas, water, stormwater, and waste water.
8) Landlord will coordinate trash service for pick up six (6) days per week, Monday through
Saturday due to increased need by Tenant. Expected cost is $223.77 per month but may
differ based on what is billed by the service provider. Tenant agrees to pay for this service
along with the Utilities that will be billed monthly in arrears.
ITEM 3, ATTACHMENT 5
Packet Pg. 61
Exhibit G
LANDLORD-TENANT MOVE-IN CHECKLIST
Premises: 117 N Mason St, Fort Collins, CO 80524 Tenant: Denver Rescue Mission
Move-In Inspection Date Move-Out Inspection Date
Item Condition Cost to
Correct Move-In Move-Out
VESTIBULE
Walls
Trim
Wainscot
Paint
Paper
Floors
Baseboard
Windows/Coverings
Glass
Doors
Locks/Hardware
Ceiling
Lighting
Lighting Switch
Electrical Outlets
Phone Jacks
Internet Ports
Mail Drop
Signage
Emergency Signage
RESTROOMS
Walls
Trim
Wainscot
Paint
Paper
Floors
Baseboard
Windows/Coverings
Glass
Doors
Locks/Hardware
Ceiling
Lighting
Lighting Switches
Electrical Outlets
ITEM 3, ATTACHMENT 5
Packet Pg. 62
Item Condition Cost to
Correct Move-In Move-Out
RESTROOMS
FORMAL DINING ROOM Ventilation
Sinks
Running Water
Toilets
Urinals
Plumbing
Dividers
Soap Dispensers
Towel Dispensers
Changing Table
Signage
GENERAL AREA
Walls
Trim
Wainscot
Paint
Paper
Floors
Baseboard
Windows/Coverings
Glass
Doors
Locks/Hardware
Ceiling
Lighting
Lighting Switch
Electrical Outlets
Phone Jacks
Internet Ports
Signage
Emergency Signage
Heat
A/C
Ventilation
CORRIDORS/HALLWAYS
Walls
Trim
Wainscot
Paint
Paper
ITEM 3, ATTACHMENT 5
Packet Pg. 63
Item Condition
Cost to
Correct Move-In Move-Out
BILLING ROOM
Walls
Trim
Wainscot
Paint
Paper
Floors
Baseboard
Windows/Coverings
Glass
Doors
Locks/Hardware
Ceiling
Lighting
Lighting Switch
Electrical Outlets
Phone Jacks
Internet Ports
OPEN AREA
Walls
Trim
Wainscot
Paint
Paper
Floors
Item Condition
Cost to
Correct Move-In Move-Out
CLASSROOM
Baseboard
Windows/Coverings
Glass
Doors
Locks/Hardware
Ceiling
Lighting
Lighting Switch
Electrical Outlets
Phone Jacks
Internet Ports
ITEM 3, ATTACHMENT 5
Packet Pg. 64
MISCELLANEOUS
ITEM 3, ATTACHMENT 5
Packet Pg. 65
Exhibit G
Move-In
This unit is in decent, safe and sanitary
condition.
___________________________
Employee Signature
I have inspected the apartment and
found this unit to be in decent, safe and
sanitary condition. Any deficiencies are
noted above. I recognize that I am
responsible for keeping the unit in good
condition, with the exception of normal
wear. In the event of damage, I agree to
pay the cost to restore the apartment to
its original condition.
___________________________
Tenant’s Signature
___________________________
Tenant’s Signature
Move-Out
____________________________
Employee Signature
Agree with move-out inspection
Disagree with move-out inspection
If disagree, list specific items of
disagreement.
____________________________
Tenant’s Signature
____________________________
Tenant’s Signature
○ Tenant Provided Additional Move in Pictures/Video
○ Tenant Provided Additional Move Out Pictures/Video
○ Employee Provided Additional Move in Pictures/Video
○ Employee Provided Additional Move in Pictures/Video
○ CO2 Detectors/Smoke Detectors Checked at Move In
○ CO2 Detectors/Smoke Detectors Checked at Move Out
FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF FORT COLLINS
WITH 14 DAYS OF MOVE IN OR TENANT WILL BE RESPONSIBLE FOR ANY AND ALL
DAMAGES TO THE PROPERTY AT THE TIME OF MOVE OUT.
ITEM 3, ATTACHMENT 5
Packet Pg. 66
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
o: 970.224.5828 | w: ripleydesigninc.com
RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
ITEM 3, ATTACHMENT 6
Packet Pg. 67
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
o: 970.224.5828 | w: ripleydesigninc.com
RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
ITEM 3, ATTACHMENT 6
Packet Pg. 68
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
o: 970.224.5828 | w: ripleydesigninc.com
RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
ITEM 3, ATTACHMENT 6
Packet Pg. 69
Seasonal Overflow Shelter
Project Development Plan/ Final Development Plan
FDP 240011
Type 2 Planning and Zoning Commission Hearing
September 19, 2024
1
Per the requirements of Land Use Code Division
4.2, review is via a (Type 2) Planning and Zoning
Commission Review
2
This project is being reviewed under the
Foundational 2024 Land Use Code
https://www.fcgov.com/planning-development-services/luc
1
2
ITEM 3, ATTACHMENT 7
Packet Pg. 70
Site Context
3
117 N Mason
Site Context
4
220 E Oak St
3
4
ITEM 3, ATTACHMENT 7
Packet Pg. 71
5
Mountain Ave.
Project Location
E Oak St.
Ma
t
h
e
w
s
S
t
5
6
ITEM 3, ATTACHMENT 7
Packet Pg. 72
Zone District:
Downtown (D), Civic Center subdistrict
Land Use:
Current Use: Office
Proposed Use: Office, Seasonal Overflow Shelter
Neighborhood/Subarea:
Downtown Plan
Transit-Oriented Development Overlay Zone
Project Overview
Transit-Oriented Development Overlay Zone
Project Overview
Downtown Plan
7
8
ITEM 3, ATTACHMENT 7
Packet Pg. 73
Structure Plan:
The Structure Plan designates this neighborhood
with the “Downtown” place type, which is
characterized by a mix of retail, civic, office,
cultural and employment uses.
Project Overview
Downtown District
Historic Resources:
Project Overview
SITESITE
9
10
ITEM 3, ATTACHMENT 7
Packet Pg. 74
Project Proposal
11
• Combined Project Development Plan/Final Development Plan –
117 N. Mason Seasonal Overflow Shelter
• A request to operate a seasonal overflow shelter on a 1.03-acre site located near the northwest corner of N. Mason
St. and W. Mountain Ave.
• No external changes to the site are proposed.
• Land Use Code Section 4.3.2(C)(3)(g) states that a Seasonal Overflow Shelter must continue to comply with the
standards of the Land Use Code, at least to the extent of its original compliance. It may not increase its deviation
from the standards of the code with the new use.
• Access to the shelter will be from the west, via a driveway to Mountain Ave., and via Civic Center Park. Access to
the parking lot and the main building entrance remain via Mason St.
• The property is within the Downtown Zone District, which permits the use subject to Planning and Zoning
Commission review.
• Applicant is requesting 1 Modification of Standard
Project Proposal
12
• Definition of a Seasonal Overflow Shelter
• A homeless shelter that allows homeless persons to stay on its premises overnight from the beginning of
November through the end of April, unless, because of inclement weather specific and limited exceptions to such
seasonal limitations are granted by the Director.
• Other types of shelters in the Land Use Code
• Community based shelter services
• Day shelter
• Homeless Shelter
• Shelter for victims of domestic violence
11
12
ITEM 3, ATTACHMENT 7
Packet Pg. 75
Applicant Presentation
13
Development/Project History
14
April
2024
Jun
2024
Aug
2024
Conceptual
Design
Review
Hearing
Sept
2024
Neighborhood
Meeting*
Jul
2024
1st
Submittal
2nd
Submittal
*Back-to-back Neighborhood Meetings held Wed, Jul 12 and
Thurs, Jul 13 to account for a typo in the noticing.
No members of the public attended Thurs, Jul 13.
Aug
2024
Possible
Future
3rd
Submittal
Building
Permit Review
13
14
ITEM 3, ATTACHMENT 7
Packet Pg. 76
Neighborhood Meeting
Topics at the meeting
• Gap in services between the time the
shelter has closed in the past and the
time day-time homeless services are
available.
• Issues this gap causes for neighbors.
• Repercussions for poor behavior.
• Time limits on the land use.
15
• Occupancy limited to 50 people
• Operated by an organization with prior
homeless shelter management experience
• Operating agreement speaks to typical
concerns
• Parking, hours, cleanup, loitering, staff, contacts
• Close to transit
• Neighborhood awareness of project
• No other seasonal overflow shelters operating
Considerations
15
16
ITEM 3, ATTACHMENT 7
Packet Pg. 77
• Trash & recycling now located on-site.
• Adequate bicycle parking provided.
• Hours of operation modified to meet
the needs of clients and neighbors.
Considerations
Modification 1 – Lot Standards
•Modification: Applicant requests a Modification to Sections 4.3.2(C)(3)(a).
•Occupancy Limit. No more than fifty (50) persons may be housed at any
one (1) seasonal overflow shelter.
18
17
18
ITEM 3, ATTACHMENT 7
Packet Pg. 78
Modification of Standard
• When a project cannot meet a particular standard in the Land Use
Code, the modification process and criteria in Division 2.8.2(H) provide
for evaluation of Modifications of Standard on a case-by-case basis.
• Required Findings:
• Request for Modification would not be detrimental to the public good
• Request for Modification meets one or more of the four criteria in
Section 2.8.2(H)
1) Equally well or better than a plan that meets the standard;
2) Substantially alleviates a community need;
3) Exceptional or undue hardship not caused by the applicant;
4) Nominal and inconsequential deviation.
19
Modification 1 – Lot Standards
•Key points made by the applicant:
Modifying the occupancy limit of the seasonal overflow shelter addresses a critical city-wide issue by
providing necessary overnight accommodations, improving public health and safety.
The shelter’s downtown location, near the Fort Collins Rescue Mission’s main shelter, ensures that health
and human services are easy to access for those in need.
This request aligns with City Plan Principle LIV 8, which calls for a comprehensive, equitable and efficient system of health and human
services accessible to all residents.
This request aligns with City Plan Policies LIV 8.3, LIV 8.4 and LIV 8.6, which call for City partnerships
and resource allocation to support community services for the homeless.
The project meets all Land Use Code standards and is a permitted use in the Downtown Zone District.
The project complies with the purpose of the Seasonal Overflow Shelter Use Standards by operating an
overflow shelter that is compatible with neighboring businesses and civic uses.
The shelter will operate overnight, minimizing neighborhood impact to daytime-operating businesses.
Operating hours will be adjusted to reduce guests’ morning wait times for other services.
20
19
20
ITEM 3, ATTACHMENT 7
Packet Pg. 79
21
Modification 1 – Lot Standards
•35 bunk beds shown here.
Modification 1 Staff Findings
Staff finds that the granting of the modification would not be detrimental to the
public good and that the request satisfies subparagraphs (2) in subsection
2.8.2(H).
Detriment to the public good.Staff’s finding is based on these considerations:
• The proposed shelter is compatible with surrounding uses.
• The code allows no more than 3 seasonal overflow shelters to operate in the
city at any given time, but this is the only shelter proposed.
• Allowing space to bring 20 additional people out of the cold is not detrimental
to the public good.
22
21
22
ITEM 3, ATTACHMENT 7
Packet Pg. 80
Modification 1 Staff Findings
Staff finds that the granting of the modification would not be detrimental to the
public good and that the request satisfies subparagraphs (2) in subsection
2.8.2(H).
Substantially address an important community need.Staff’s finding is based
on these considerations:
• The proposed shelter addresses a need for homeless services in City Plan
and the Housing Strategic Plan.
• The proposed plan provides critical homeless services through a public-
private partnership during dangerously cold winter nights.
23
Staff Recommendation
24
Staff recommends that the Planning and Zoning Commission approve the
Seasonal Overflow Shelter – 117 N. Mason #FDP240011 based on the
Findings of Fact and supporting explanations found in the staff report.
23
24
ITEM 3, ATTACHMENT 7
Packet Pg. 81
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
Date: September 18, 2024
To: Members of the Planning and Zoning Commission
From: Jill Baty, City Planner
Regarding: Types of Shelters allowed in the City of Fort Collins and their definitions
Background:
On September 13, 2024 the Planning and Zoning Commission heard a presentation regarding
the proposed Seasonal Overflow Shelter at 117 N. Mason St. During the discussion, a question
arose about the definitions of different types of shelters in the Land Use Code.
The shelter types and their definitions are as follows:
From Article 7, Rules of Measurement and Definitions in the 2024 Foundational Land Use Code
https://www.fcgov.com/planning-development-services/luc
Community based shelter services
Community based shelter services shall mean an accessory use to a facility owned and operated
by a place of worship, public benefit corporation as defined by the Colorado Revised Statutes, or a
tax-exempt corporation as defined by Section 503 of the U.S. Internal Revenue Code, that provides
overnight accommodations on a temporary basis for a maximum of fifteen (15) persons.
Day shelter
Day shelter shall mean a facility that provides temporary daytime shelter and/or food and that may
also provide personal care, social or counseling services to those experiencing homelessness or
indigency, provided that such a facility contains a private, outdoor space.
ITEM 3, ATTACHMENT 8
Packet Pg. 82
Seasonal Overflow Shelter – 117 N. Mason FDP240011 – Definitions
September 18, 2024
Page 2
Homeless shelter
Homeless shelters shall mean a fully enclosed building other than a hotel, motel, or lodging
establishment that is suitable for habitation and that provides residency only for people
experiencing homelessness at no charge at any time during the year. Community based shelter
services are exempt from this definition.
Seasonal Overflow Shelter
Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons to stay on
its premises overnight from the beginning of November through the end of April, unless, because of
inclement weather, specific and limited exceptions to such seasonal limitations are granted by the
Director. Community based shelter services are exempt from this definition.
Shelter for victims of domestic violence
Shelters for victims of domestic violence shall mean a residential facility operating twenty-four (24)
hours per day and seven (7) days per week, the purpose of which facility is to receive, house,
counsel and otherwise serve victims of domestic violence, as that term is defined in Section 18-6-
800.3, C.R.S. and their dependents. Such facility may also include day care, professional,
administrative and security staff.
ITEM 3, ATTACHMENT 8
Packet Pg. 83
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
Date: September 18, 2024
To: Members of the Planning and Zoning Board
From: Jill Baty, City Planner
Regarding: Safety assurances in the Building and Fire Code with regards to Seasonal Overflow
Shelter Occupancy
Background:
On September 13, 2024 the Planning and Zoning Commission heard a presentation regarding the
proposed Seasonal Overflow Shelter at 117 N. Mason St. During the discussion, a question arose
about safety measures that exist in addition to the Land Use Code for occupants of Seasonal Overflow
Shelters, especially with regards to the Applicant’s request to for a Modification of Standard to exceed
the Land Use Code limit of 50 occupants by 20 additional occupants.
Russell Hoveland, Senior Plans Examiner, and Marcus Glasgow, Plan Review Safety Inspector with
Poudre Fire Authority have provided information on the relevant Building Code and Fire Code
requirements for the project.
These comments are extracted from the staff comment letter the Applicant received in April of 2024,
following their Conceptual Design Review Meeting. The Applicant intends to follow the second option
outlined by Russell below, applying for a temporary use permit for every year they are in operation.
Department: Building Code Review
Contact: Russell Hovland
1. This project can be processed in 1 of 2 ways:
1. Change the occupancy with a building permit and the space must meet current code.
This will add more expense to the project but permanently approves the housing
occupancy of the space.
2. Apply for a Temp use permit that allows the space to be used as housing for a total of
180 days, but does not require the space meet full building code. This must be applied
for every year. This only allows the use for 180 days per calendar year.
2. 01/17/2023: BUILDING PERMIT:
Construction shall comply with adopted codes as amended. Current adopted codes are:
2021 International Building Code (IBC) with local amendments
2021 International Existing Building Code (IEBC) with local amendments
2021 International Energy Conservation Code (IECC) with local amendments
2021 International Mechanical Code (IMC) with local amendments
2021 International Fuel Gas Code (IFGC) with local amendments
ITEM 3, ATTACHMENT 9
Packet Pg. 84
Seasonal Overflow Shelter – 117 N. Mason FDP240011 – Building Code & Fire Code
September 18, 2024
Page 2
2021 International Swimming Pool and Spa Code (ISPSC) with local amendments
Colorado Plumbing Code & state amendments (currently 2018 IPC)
2020 National Electrical Code (NEC) as amended by the State of Colorado
Copies of current City of Fort Collins code amendments can be found at
fcgov.com/building.
The new 2024 buildings codes will be adopted in 2025.
· Accessibility: State Law CRS 9-5 & ICC/ANSI A117.1-2017.
· Snow Live Load: Ground Snow Load 35 PSF.
· Frost Depth: 30 inches.
· Wind Loads: Risk Category II (most structures):
· 140mph (Ultimate) exposure B or Front Range Gust Map published by The Structural
Engineer's Association of Colorado
· Seismic Design: Category B.
· Climate Zone: Zone 5
· Energy Code: 2021 IECC commercial chapter.
INFORMATIONAL ITEMS:
· Commercial occupancies must provide 10ft setback from property line and 20 feet
between other buildings or provide fire rated walls and openings per chapter 6 and 7 of
the IBC.
· City of Fort Collins adopted International Fire Code (IFC) and amendments to the
2018/2021 IFC require a full NFPA-13 sprinkler system per IBC chapter 9 or when
building exceeds 5000 sq.ft. (or meet fire containment requirements).
· Buildings using electric heat, must use heat pump equipment.
· A City licensed commercial general contractor is required to construct any new
commercial structure.
· Plans must be signed and stamped by a Colorado licensed architect or engineer and
must be included in the permit application.
· Electric vehicle parking spaces are now required per local amendment to the IBC. See
section 3604.
· For projects located in Metro Districts, there are special additional code requirements
for new buildings. Please contact the plan review team to obtain the requirements for
each district.
Building Permit Pre-Submittal Meeting:
For new buildings, please schedule a pre-submittal meeting for any new commercial or
multi-family building with Building Services for this project. Pre-Submittal meetings
assist the designer/builder by assuring, early on in the design, that the new projects are
on track to complying with all of the adopted City codes and Standards.
ITEM 3, ATTACHMENT 9
Packet Pg. 85
Seasonal Overflow Shelter – 117 N. Mason FDP240011 – Building Code & Fire Code
September 18, 2024
Page 3
Department: Fire Authority
Contact: Marcus Glasgow
1. OCCUPANCY GROUP CLASSIFICATION & CHANGE OF USE
Poudre Fire Authority and the City of Fort Collins have adopted the 2021 International
Fire Code (IFC). Should this property undergo a change of occupancy, the building will
require upgrades consistent with current code requirements for the assigned occupancy
group. Contact the building department for occupancy group details.
2. FIRE APPARATUS ACCESS – IFC 503.1.1
Fire access is required to within 150 feet of all exterior portions of any building, or facility
ground floor as measured by an approved route around the perimeter. Any private alley,
private road, or private drive serving as a fire lane shall be dedicated as an Emergency
Access Easement (EAE) and be designed to standard fire lane specifications.
According to our records, the building is partially sprinklered. If the building is fully
sprinklered, this access distance can be extended to 300 feet and access can be
considered from Mason St. If additional access is needed in order to meet this
requirements, the access shall meet the fire lane specifications.
3. FIRE LANE SPECIFICATIONS – IFC Appendix D Amendment
A fire lane plan shall be submitted for approval prior to installation. In addition to the
design criteria already contained in relevant standards and policies, any new fire lane
must meet the following general requirements:
-Fire lanes established on private property shall be dedicated by plat or separate
document as an Emergency Access Easement.
-Maintain the required 20 foot minimum unobstructed width & 14 foot minimum
overhead clearance. Where road widths exceed 20 feet in width, the full width shall be
dedicated unless otherwise approved by the AHJ.
-Access roads with a hydrant are required to be 26 feet in width.
-Additional fire lane requirements are triggered for buildings greater than 30 feet in
height. Refer to Appendix D105 of the International Fire Code.
-Be designed as a flat, hard, all-weather driving surface capable of supporting 40 tons.
-Dead-end fire access roads in excess of 150 feet in length shall be provided with an
approved turnaround area for fire apparatus.
-Dead-end fire access roads used for aerial access shall be 30 feet in width
-The required turning radii of a fire apparatus access road shall be a minimum of 25 feet
inside and 50 feet outside. Turning radii shall be detailed on submitted plans.
-Dedicated fire lanes are required to connect to the Public Way unless otherwise
approved by the AHJ.
-Fire lane to be identified by red curb and/or signage, and maintained unobstructed at all times.
-Fire lane sign locations or red curbing should be labeled and detailed on final plans.
Refer to LCUASS detail #1418 & #1419 for sign type, placement, and spacing.
Appropriate directional arrows required on all signs.
4. PREMISE IDENTIFICATION: ADDRESS POSTING & WAYFINDING – IFC section
ITEM 3, ATTACHMENT 9
Packet Pg. 86
Seasonal Overflow Shelter – 117 N. Mason FDP240011 – Building Code & Fire Code
September 18, 2024
Page 4
505.1.1 amendment
Where possible, the naming of private drives is usually recommended to aid in
wayfinding. New and existing buildings shall be provided with approved address
identification. The address identification shall be legible and placed in a position that is
visible from the street or road fronting the property. Address identification characters
shall contrast with their background. Address numbers shall be arabic numbers or
alphabetical letters. Numbers shall not be spelled out. The address numerals for any
commercial or industrial buildings shall be placed at a height to be clearly visible from
the street. They shall be a minimum of 8 inches in height unless distance from the street
or other factors dictate larger numbers. Refer to Table 505.1.3 of the 2021 IFC as
amended. If bronze or brass numerals are used, they shall only be posted on a black
background for visibility. Monument signs may be used in lieu of address numerals on
the building as approved by the fire code official. Buildings, either individually or part of
a multi- building complex, that have emergency access lanes on sides other than on the
addressed street side, shall have the address numbers and street name on each side
that fronts the fire lane.
Proper addressing should be on the building to allow for efficient emergency response.
In addition,
as outlined in the temporary shelter guidelines, a calendar shall be provided to the Fire
Code Official that provides information when the building will be used as a temporary
structure and when the building is being used as a temporary shelter, signage shall be
posted outside the building in an established area designated by PFA, stating that the
building is currently occupied. Please refer to the City of Fort Collins Temporary shelter
in a structure/ building without an R1 Occupancy classification code requirements and
guidelines for further details.
5. WATER SUPPLY – Commercial/Multi-family
Hydrant spacing and flow must meet minimum requirements based on type of
occupancy. A fire hydrant capable of providing Fire Flow according to IFC B105.2 is
required within 300 feet of any commercial building as measured along an approved
path of vehicle travel. For the purposes of this code, hydrants on the opposite side of
arterial roadways are not considered accessible to the site.
There is currently a fire hydrant located within the required 300 ft. (located near the
Northwest corner of the property on the sidewalk off of Mason St. It is up to the applicant
to verify the existing hydrant meets the minimum flow requirements.
6. INFORMATION – CODES AND LOCAL AMENDMENTS
Poudre Fire Authority has adopted the 2021 International Fire Code (IFC). Development
plans and building plan reviews shall be designed according to the adopted version of
the fire code as amended.
- Copies of our current local amendments can be found here:
https://www.poudre-fire.org/programs-services/community-safety-services-fire-preventio
n/fire-code-adoption
- Free versions of the IFC can be found here: https://codes.iccsafe.org
7. PLAN REVIEW SUBMITTAL
ITEM 3, ATTACHMENT 9
Packet Pg. 87
Seasonal Overflow Shelter – 117 N. Mason FDP240011 – Building Code & Fire Code
September 18, 2024
Page 5
When you submit for your building permit though the City of Fort Collins please be
advised Poudre Fire Authority is an additional and separate submittal. The link for
Poudre Fire Authority’s plan review application can be found at https://www.poudre-fire.org/online-services/contractors-plan-reviews-and-permits/new-b
uilding-plan-review-application.
ITEM 3, ATTACHMENT 9
Packet Pg. 88
ITEM 3, ATTACHMENT 10
Packet Pg. 89
ITEM 3, ATTACHMENT 10
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ITEM 3, ATTACHMENT 10
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ITEM 3, ATTACHMENT 11
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ITEM 3, ATTACHMENT 11
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Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
Date: September 18, 2024
To: Members of the Planning and Zoning Board
From: Jill Baty, City Planner
Regarding: Abandonment Period of Permitted Uses with regards to Seasonal Overflow Shelter
Occupancy
Background:
On September 13, 2024 the Planning and Zoning Commission heard a presentation regarding the
proposed Seasonal Overflow Shelter at 117 N. Mason St. During the discussion, a question arose
about time limits on the land use.
If the proposed seasonal overflow shelter opened, closed, and then had not operated for a period of 5
years, it would only be allowed to re-open after re-applying for this land use and again being approved
by the Planning and Zoning Commission.
Land Use Code Division 6.23 speaks to the “expiration” of approved land uses after a period of
abandonment. Here is that code language:
6.23.1(A) If active operations are not carried out in a permitted use during a period of twenty-four (24)
consecutive months, or with respect to seasonal overflow shelters sixty (60) consecutive months, the
building, other structure or tract of land where such permitted use previously existed shall thereafter be
re-occupied and used only after the building or other structure, as well as the tract of land upon which
such building or other structure is located, have, to the extent reasonably feasible, been brought into
compliance with the applicable development standards contained in Articles 3 and 5 and the applicable
district standards contained in Articles 2 and 4 of this Code as determined by the Director. This
requirement shall not apply to any permitted use conducted in a building that was less than ten (10)
years old at the time that active operations ceased. Intent to resume active operations shall not affect
the foregoing.
ITEM 3, ATTACHMENT 12
Packet Pg. 99
Seasonal Overflow Shelter
at 117 N Mason Street
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 100
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 101
VZVCONCEPTUAL REVIEW NEIGHBORHOOD MEETING PDP/FDP DEVELOPMENT
REVIEW SUBMITTALS P&Z HEARING TEMPORARY BUILDING
PERMIT
ANTICIPATED SHELTER
OPENING DATE
WE ARE HERE
APRIL 11, 2024
JUNE 12, 2024
JULY AUGUST 2024 OCTOBER 2024
NOVEMBER 1, 2024
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 102
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 103
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 104
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 105
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SHELTER
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 106
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 107
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 108
According to sections 6.6.2(H) and 6.7.2(H), both project development plans and final plans
Article 2 Downtown Zone District
Article 3 Building Types
Article 4 - Zone District Standards
4.2 Table of Primary Uses
4.3 Additional Use Standards
Modification Request for 4.3.2(C) Occupancy limits
Article 5 General Development & Design
5.9.1 Access, Circulation, and Parking
5.11.1 Trash and Recycling Enclosures
N/A
N/A
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 109
ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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APPLICANT PRESENTATION
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APPLICANT PRESENTATION
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APPLICANT PRESENTATION
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APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
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ITEM 3, ATTACHMENT 13
APPLICANT PRESENTATION
Packet Pg. 121
From:Derek Getto
To:Jill Baty; Meaghan Overton
Cc:Development Review Comments
Subject:[EXTERNAL] RE: 117 N Mason Street Seasonal Overflow
Date:Wednesday, June 12, 2024 9:16:33 AM
Jill, thank you very much. Please do not hesitate to reach out to me directly if you or others
have any specific questions.
As a side note, the Neighborhood meeting notification that was sent to nearby property owners
incorrectly states the meeting is on Thursday night, but it is actually on Wednesday night. You
may want to confer with others to ensure this error does not subject this initiative to a
potential appeal.
Much appreciated.
Derek
Derek Getto
Project Manager; Policy and Programs
Downtown Development Authority
(970) 419-4383 office
(970) 817-3488 cell
From: Jill Baty <jbaty@fcgov.com>
Sent: Wednesday, June 12, 2024 8:48 AM
To: Derek Getto <dgetto@fcdda.com>; Meaghan Overton <moverton@fcgov.com>
Cc: Development Review Comments <devreviewcomments@fcgov.com>
Subject: RE: 117 N Mason Street Seasonal Overflow
Thank you, Derek & Meaghan,
I’ll work with our Neighborhood Development Liaison to make sure these notes are captured.
Thanks so much for reaching out and getting this organized,
Jill
. . . . . . . . . . . . . . .
Jill Baty
Pronouns: she/her
Associate Planner
City of Fort Collins
ITEM 3, PUBLIC COMMENTS
Packet Pg. 122
From: Derek Getto <dgetto@fcdda.com>
Sent: Wednesday, June 12, 2024 8:22 AM
To: Meaghan Overton <moverton@fcgov.com>
Cc: Jill Baty <jbaty@fcgov.com>
Subject: [EXTERNAL] RE: 117 N Mason Street Seasonal Overflow
Meaghan, I really appreciate your notes and sharing this with Jill.
Jill, please let me know your thoughts and if you need additional submittal or dialogue from the
DDA in order to include these in the Neighborhood meeting record.
Derek
Derek Getto
Project Manager; Policy and Programs
Downtown Development Authority
(970) 419-4383 office
(970) 817-3488 cell
From: Meaghan Overton <moverton@fcgov.com>
Sent: Tuesday, June 11, 2024 6:05 PM
To: Derek Getto <dgetto@fcdda.com>
Cc: Jill Baty <jbaty@fcgov.com>
Subject: RE: 117 N Mason Street Seasonal Overflow
Hi Derek,
Happy to share those notes with Jill. Everything I noted in the meeting is in the attached!
From: Derek Getto <dgetto@fcdda.com>
Sent: Tuesday, June 11, 2024 4:27 PM
To: Meaghan Overton <moverton@fcgov.com>
Cc: Jill Baty <jbaty@fcgov.com>
Subject: [EXTERNAL] 117 N Mason Street Seasonal Overflow
Hi Meaghan,
It was good to see you last week, and congratulations on the announced career move! Sounds
like an exciting opportunity.
I’m reaching out to see if you can provide the 117 N Mason Seasonal Overflow debrief notes
from our meeting last week to Jill Baty in Planning. I feel you probably captured the DDA’s
ITEM 3, PUBLIC COMMENTS
Packet Pg. 123
thoughts on the issue and was hoping not to have to repeat them again at tomorrow’s neighbor
meeting. Please let me know.
Much appreciated!
Derek
Derek Getto
Project Manager; Policy and Programs
Downtown Development Authority
(970) 419-4383 office
(970) 817-3488 cell
ITEM 3, PUBLIC COMMENTS
Packet Pg. 124
0602-2024 SOS debrief meeting
Tuesday, June 4, 2024
10:03 AM
FCRM - Paula, HWA - Jackie, Precision - Evan, Hannah; PD - Kelsey, Bailey; OFC - Brad R, DDA - Derek G
How many people served?
Over 9400 nights; up to 70 men per night
Random draw between Jefferson and Mason. Tried assigning locations and that did not work out.
Random was smoother, guests got very used to that.
Check in at 5:30pm, leave by 7am next day
Security beginning at 4-8pm and in the morning from 5-9am.
No one turned away during the season
367 turned away since April 11
Is there a specific time guests need to be in? By 8pm. Can leave between 8-9:45, in by 9:45 for the night.
Same as Jefferson.
What went well/didn't for security?
Are we having problems with folks hanging around outside the hours precision is there? Derek reports
that around 6:45am-8:30am a number of folks would go into Opera Galleria. Through the season there
were 14 individuals trespassed from the location within about a month or two. Precision and PD have
been helping with this. 60 day suspension from the space. People leave before security arrives, folks
know the schedule of the security shifts.
Paula asking for names of those individuals and whether they were shelter users. Precision can get
those.
Brad noticed around 4-430pm in old town square groups of people waiting for things to open. "Old
Town Square Takeover" characterized by DDA. Some disruptive behavior but not criminal.
HWA can't really open before 7 and is far away. HWA stays open late during inclement weather days.
Otherwise they close at 4:30-5pm.
FoCo café having issues from 7-8:30am as well (reported by DDA). Camping on the property, needles.
Precision also helps out at FoCo Café. Communication issues, some folks saying it was ok for guests to be
there and others not. Creates confusion.
For next season:
Are there opportunities to extend hours in the morning?
Causes challenges for guests when shelter closed earlier than planned. Hard to keep staff in a seasonal
role, funding runs out too. FCRM does work with a temp staffing agency for last minute coverage.
Rush for the bathrooms in the shelter before it closes at 7am, Old Town bathrooms open at 8am. Public
urination in Opera Galleria as a result.
No showers a challenge.
OFC starts at 9am, Library open at 9am
Most downtown biz open at 10am
Have we talked to guests/clients to get their input? Jackie happy to help with this.
ITEM 3, PUBLIC COMMENTS
Packet Pg. 125
Brad - what's the appetite for 24/7 day shelter? That would be a conversation with SSD. Family Center,
global village
may not be in favor.
Takeaways:
Create opportunity to open earlier/stay open later to resolve Opera Galleria issues. Try to stay open
until Murphy Center is open.
Think about transportation from shelter to Murphy Center - #8 bus runs at 6
LOTS of support for extending shelter hours in the morning. Coordinate with transfort schedule so folks
can get right on a bus. Problems with Holiday and Sunday transportation.
What went well:
Having 6.5 staff ready to go in October was a win this year.
Did not need to use Precision as staffing at all.
Only had budget to have 1 overnight staff two years ago. Having 2 made it so much better this year.
Proactive merchant outreach from OFC a few weeks before the shelter opened and before it closed.
Incidents inside the shelter were much less.
Having the extra space helped a lot, better atmosphere.
Behaviors at Opera Galleria were less escalated than two years ago - better with Precision, setting
expectations, etc. Less violence, less criminal activity.
A middle ground might be trying to get folks to murphy center and eliminate the hours gap from 7-
9am. Try to coordinate with bus schedules.
Added engagement from:
Business owners in the area (OFC/Brad can help with this)
Clients/Guests (HWA/Jackie can help with this)
ITEM 3, PUBLIC COMMENTS
Packet Pg. 126
From:Terri Hanna
To:Development Review Comments
Cc:Patty Spencer; Chelsea Bamesberger
Subject:[EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Date:Wednesday, July 17, 2024 2:54:12 PM
Attachments:image001.png
Thank you for sending over Brittany’s response. Yes, I think at a minimum Patty Spencer and I would
like to review the lease agreement prior to the hearing.
Thank you again.
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: July 17, 2024 2:47 PM
To: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hi Terri,
Brittany in Social Sustainability sent me this response to your question:
"For past Seasonal Overflow Shelter seasons, Fort Collins Rescue Mission has moved
into the auxiliary shelter site around mid-October to get setup before a November 1
opening. The goal this year would be to have a lease in place by mid-October to facilitate
this timeline; however, no lease will be drafted until the project is further into the
Development Review process. We will likely wait to sign any lease until after the
Planning & Zoning Commission hearing."
If you'd like to see the unsigned lease before the hearing, I can ask Brittany to try to
remember to send it to me when it is ready.
Em
From: Terri Hanna <terri@wwreynolds.com>
Sent: Wednesday, July 17, 2024 8:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>; Chelsea Bamesberger
<chelsea@wwreynolds.com>
Subject: [EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Em,
Was the lease at the Mason property secured?
From: Development Review Comments <devreviewcomments@fcgov.com>
ITEM 3, PUBLIC COMMENTS
Packet Pg. 127
Sent: July 17, 2024 1:59 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hi Chelsea and Terri,
Thank you so much for following up. I was able to complete the notes for you. They are
attached here.
We do not have the Planning and Zoning Commission hearing scheduled yet. I am
thinking sometime in the fall but don't quote me on that! I will send you an email when it
gets scheduled, and then we send the letter out two weeks ahead of the meeting. I am
planning to send the letter to the property owner, but also to the Opera Galleria location.
Em
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Wednesday, July 17, 2024 3:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Re: Overflow Shelter Neighborhood Meeting
Hello Em,
My name is Chelsea and I am with WW Reynolds and we manage the Opera Galleria.
I had previously reached out regarding any notes from the neighborhood meeting on
June 12th.
I just wanted to touch base again and see if we could have those notes and if there have
been any new developments, such as the scheduling of the next meeting?
Thank you,
Chelsea
ITEM 3, PUBLIC COMMENTS
Packet Pg. 128
Chelsea Bamesberger
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: Tuesday, June 18, 2024 1:29 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hello Chelsea and Terri,
Thank you for reaching out. The video recording of the meeting is posted at
https://www.youtube.com/watch?
v=dDfkM49miMA&list=PL7cZylpMlgCKqkcNsNCKAEevDf1P6r-Xk&index=42
I will be working on notes shortly as well and can send them to you when they are done.
The video will likely be a more comprehensive record of what we spoke about.
Please let me know if you need anything else!
Respectfully,
Em Myler
Neighborhood Development Liaison
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Tuesday, June 18, 2024 2:29 PM
ITEM 3, PUBLIC COMMENTS
Packet Pg. 129
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Overflow Shelter Neighborhood Meeting
Hello,
My name is Chelsea Bamesberger. I am with WW Reynolds and we manage the Opera
Galleria at 123 N College Ave.
We attended the neighborhood meeting on June 12th and were hoping to have access to
the video of the meeting and any notes so that we are able to share those with our
owners and tenants.
If you could please direct where I may find this, please let me know.
Thank you,
Chelsea
Chelsea Bamesberger
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
ITEM 3, PUBLIC COMMENTS
Packet Pg. 130
From:Terri Hanna
To:Development Review Comments
Subject:[EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Date:Wednesday, July 17, 2024 3:24:11 PM
Attachments:image001.png
Thank you
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: July 17, 2024 2:56 PM
To: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Can do. I also just heard from Brittany the lease is expected to only run from October 15-
May 15. There will be another least next year if the shelter decides to operate at 117 N
Mason again
Em
From: Terri Hanna <terri@wwreynolds.com>
Sent: Wednesday, July 17, 2024 8:54 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Patty Spencer <patty@cre-brokers.com>; Chelsea Bamesberger <chelsea@wwreynolds.com>
Subject: [EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Thank you for sending over Brittany’s response. Yes, I think at a minimum Patty Spencer and I would
like to review the lease agreement prior to the hearing.
Thank you again.
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: July 17, 2024 2:47 PM
To: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hi Terri,
Brittany in Social Sustainability sent me this response to your question:
"For past Seasonal Overflow Shelter seasons, Fort Collins Rescue Mission has moved
into the auxiliary shelter site around mid-October to get setup before a November 1
opening. The goal this year would be to have a lease in place by mid-October to facilitate
this timeline; however, no lease will be drafted until the project is further into the
Development Review process. We will likely wait to sign any lease until after the
ITEM 3, PUBLIC COMMENTS
Packet Pg. 131
Planning & Zoning Commission hearing."
If you'd like to see the unsigned lease before the hearing, I can ask Brittany to try to
remember to send it to me when it is ready.
Em
From: Terri Hanna <terri@wwreynolds.com>
Sent: Wednesday, July 17, 2024 8:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>; Chelsea Bamesberger
<chelsea@wwreynolds.com>
Subject: [EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Em,
Was the lease at the Mason property secured?
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: July 17, 2024 1:59 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hi Chelsea and Terri,
Thank you so much for following up. I was able to complete the notes for you. They are
attached here.
We do not have the Planning and Zoning Commission hearing scheduled yet. I am
thinking sometime in the fall but don't quote me on that! I will send you an email when it
gets scheduled, and then we send the letter out two weeks ahead of the meeting. I am
planning to send the letter to the property owner, but also to the Opera Galleria location.
Em
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Wednesday, July 17, 2024 3:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Re: Overflow Shelter Neighborhood Meeting
ITEM 3, PUBLIC COMMENTS
Packet Pg. 132
Hello Em,
My name is Chelsea and I am with WW Reynolds and we manage the Opera Galleria.
I had previously reached out regarding any notes from the neighborhood meeting on
June 12th.
I just wanted to touch base again and see if we could have those notes and if there have
been any new developments, such as the scheduling of the next meeting?
Thank you,
Chelsea
Chelsea Bamesberger
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: Tuesday, June 18, 2024 1:29 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hello Chelsea and Terri,
Thank you for reaching out. The video recording of the meeting is posted at
https://www.youtube.com/watch?
v=dDfkM49miMA&list=PL7cZylpMlgCKqkcNsNCKAEevDf1P6r-Xk&index=42
ITEM 3, PUBLIC COMMENTS
Packet Pg. 133
I will be working on notes shortly as well and can send them to you when they are done.
The video will likely be a more comprehensive record of what we spoke about.
Please let me know if you need anything else!
Respectfully,
Em Myler
Neighborhood Development Liaison
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Tuesday, June 18, 2024 2:29 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Overflow Shelter Neighborhood Meeting
Hello,
My name is Chelsea Bamesberger. I am with WW Reynolds and we manage the Opera
Galleria at 123 N College Ave.
We attended the neighborhood meeting on June 12th and were hoping to have access to
the video of the meeting and any notes so that we are able to share those with our
owners and tenants.
If you could please direct where I may find this, please let me know.
Thank you,
Chelsea
Chelsea Bamesberger
ITEM 3, PUBLIC COMMENTS
Packet Pg. 134
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
ITEM 3, PUBLIC COMMENTS
Packet Pg. 135
From:Jill Baty
To:Debbie bradberry; Development Review Comments
Cc:Em Myler; Noah Beals; Meaghan Overton
Subject:RE: [EXTERNAL] hybrid meeting for overflow shelter
Date:Thursday, June 13, 2024 8:34:24 AM
Good morning, Debbie,
Apologies for the typo. The official meeting was yesterday, but in recognition of the typo we will
have staff available to talk with anyone about the project this evening either in person at 281 N.
College or online. You can find the information for the online Zoom meeting at this link:
https://www.fcgov.com/developmentreview/proposals
In addition, you may watch the recording of the meeting yesterday on our Neighborhood
Meetings YouTube channel. I’ll be able to get you the direct link later today when the video is
uploaded. In the meantime, the YouTube channel is here:
https://www.youtube.com/playlist?list=PL7cZylpMlgCKqkcNsNCKAEevDf1P6r-Xk
In addition, I am available to receive any public comment you would like to email or call in
about. You may also reach out to our Neighborhood Development Liaison, Em Myler at
devreviewcomments@fcgov.com. This public comment will be part of the record associated
with the project and will be presented to the Planning and Zoning Commission when the
project goes to that hearing.
Apologies again for the mix up. If there is anything we can do to support your involvement,
please don’t hesitate to reach out.
With respect,
Jill
. . . . . . . . . . . . . . .
Jill Baty
Pronouns: she/her
Associate Planner
City of Fort Collins
From: Debbie bradberry <dkirkbradberry@gmail.com>
Sent: Thursday, June 13, 2024 8:15 AM
To: Jill Baty <jbaty@fcgov.com>
Subject: [EXTERNAL] hybrid meeting for overflow shelter
I received a letter dated May 28 that states there is a meeting
THURSDAY June 12. today is Thursday but it is the 13th
Is the meeting tonight or was it yesterday??
ITEM 3, PUBLIC COMMENTS
Packet Pg. 136
Debbie
ITEM 3, PUBLIC COMMENTS
Packet Pg. 137
From:Brittany Depew
To:Development Review Comments
Subject:RE: Overflow Shelter Neighborhood Meeting
Date:Wednesday, July 17, 2024 2:39:42 PM
Attachments:image001.png
Hi Em,
Thanks for forwarding. I’ll respond to you to make I’m understanding her question (please let me
know if you don’t think this answers it), and if you could send to her, that would be great.
For past Seasonal Overflow Shelter seasons, Fort Collins Rescue Mission has moved into the auxiliary
shelter site around mid-October to get setup before a November 1 opening. The goal this year would
be to have a lease in place by mid-October to facilitate this timeline; however, no lease will be
drafted until the project is further into the Development Review process. We will likely wait to sign
any lease until after the Planning & Zoning Board hearing, which is not yet scheduled.
. . . . . . . . . . . . . . . .
BRITTANY DEPEW (she/her)
Homelessness Specialist
Social Sustainability Dept.
City of Fort Collins
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: Wednesday, July 17, 2024 2:12 PM
To: Brittany Depew <bdepew@fcgov.com>
Subject: Fw: Overflow Shelter Neighborhood Meeting
Hi Brittany, Are you able to answer Terri's question about the lease for 117 N Mason? If
you want to send an answer to me, I can reply, or you can reply to her yourself!
Thanks
Em
From: Terri Hanna <terri@wwreynolds.com>
Sent: Wednesday, July 17, 2024 8:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>; Chelsea Bamesberger
<chelsea@wwreynolds.com>
Subject: [EXTERNAL] RE: Overflow Shelter Neighborhood Meeting
Em,
Was the lease at the Mason property secured?
From: Development Review Comments <devreviewcomments@fcgov.com>
ITEM 3, PUBLIC COMMENTS
Packet Pg. 138
Sent: July 17, 2024 1:59 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hi Chelsea and Terri,
Thank you so much for following up. I was able to complete the notes for you. They are
attached here.
We do not have the Planning and Zoning Commission hearing scheduled yet. I am
thinking sometime in the fall but don't quote me on that! I will send you an email when it
gets scheduled, and then we send the letter out two weeks ahead of the meeting. I am
planning to send the letter to the property owner, but also to the Opera Galleria location.
Em
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Wednesday, July 17, 2024 3:05 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Re: Overflow Shelter Neighborhood Meeting
Hello Em,
My name is Chelsea and I am with WW Reynolds and we manage the Opera Galleria.
I had previously reached out regarding any notes from the neighborhood meeting on
June 12th.
I just wanted to touch base again and see if we could have those notes and if there have
been any new developments, such as the scheduling of the next meeting?
Thank you,
Chelsea
ITEM 3, PUBLIC COMMENTS
Packet Pg. 139
Chelsea Bamesberger
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
From: Development Review Comments <devreviewcomments@fcgov.com>
Sent: Tuesday, June 18, 2024 1:29 PM
To: Chelsea Bamesberger <chelsea@wwreynolds.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: Re: Overflow Shelter Neighborhood Meeting
Hello Chelsea and Terri,
Thank you for reaching out. The video recording of the meeting is posted at
https://www.youtube.com/watch?
v=dDfkM49miMA&list=PL7cZylpMlgCKqkcNsNCKAEevDf1P6r-Xk&index=42
I will be working on notes shortly as well and can send them to you when they are done.
The video will likely be a more comprehensive record of what we spoke about.
Please let me know if you need anything else!
Respectfully,
Em Myler
Neighborhood Development Liaison
From: Chelsea Bamesberger <chelsea@wwreynolds.com>
Sent: Tuesday, June 18, 2024 2:29 PM
ITEM 3, PUBLIC COMMENTS
Packet Pg. 140
To: Development Review Comments <devreviewcomments@fcgov.com>
Cc: Terri Hanna <terri@wwreynolds.com>
Subject: [EXTERNAL] Overflow Shelter Neighborhood Meeting
Hello,
My name is Chelsea Bamesberger. I am with WW Reynolds and we manage the Opera
Galleria at 123 N College Ave.
We attended the neighborhood meeting on June 12th and were hoping to have access to
the video of the meeting and any notes so that we are able to share those with our
owners and tenants.
If you could please direct where I may find this, please let me know.
Thank you,
Chelsea
Chelsea Bamesberger
The W.W. Reynolds Companies
1601 Prospect Park Way, Suite 220 | Fort Collins, CO 80525
O: 970.482.4800 Ext 302 | F: 970.221.5009
chelsea@wwreynolds.com | www.wwreynolds.com
ITEM 3, PUBLIC COMMENTS
Packet Pg. 141
From:Jill Baty
To:Corey Seitz
Cc:Development Review Comments
Subject:RE: Seasonal Overflow Shelter at 117 N Mason
Date:Friday, June 7, 2024 10:09:53 AM
Thank you, Corey, for reaching out.
We will make sure your concerns are heard by the applicant. This space was used as a
temporary overflow shelter last winter as well. At this point in the application process, it
appears the applicant is proposing to provide 15 beds for folks to use in the event that there
are severe weather conditions and no other beds are available in the city. If you have specific
concerns related to this or specific ideas as to how the applicant could mitigate any impacts
to your property, please don’t hesitate to send them to us.
The site is located across the street from the Mason St. parking garage, near the County
Courthouse building.
The neighborhood meeting will be recorded and available for anyone to view. Please reach out
if you’d like the link to it.
With respect,
Jill
. . . . . . . . . . . . . . .
Jill Baty
Pronouns: she/her
Associate Planner
City of Fort Collins
From: Corey Seitz <corey_seitz@excelfg.com>
Sent: Monday, June 3, 2024 2:15 PM
To: Jill Baty <jbaty@fcgov.com>
Subject: [EXTERNAL] Seasonal Overflow Shelter at 117 N Mason
Hi Jill,
I am the property owner of 123 N College Suite 230 and wanted to send an email as I will not be able
to attend the in person or Zoom meeting June 12th. Please know I am not a NIMBY and do support
homeless services however I strongly oppose the location of this shelter. The city and police services
does a fair job of keeping people from sleeping, urinating, and defecating in our open space in the
Opera Galleria but it is not perfect. Locating the shelter across the street from a location that
already has issue that burden services downtown and the business owners is a bad idea as it will
likely push the problem over the breaking point. I think Downtown should be a bright, fun, safe area
for all residents and increasing the homeless population here pushes us from a ok managed situation
to a situation like 16th street mall in Denver where the local citizens are not comfortable enough to
go an enjoy the area. There is no amount of mitigation that can be done to lessen the impact, a
free lunch will encourage more people to come.
ITEM 3, PUBLIC COMMENTS
Packet Pg. 142
Thanks, Corey Seitz
Excel Commercial Properties, LLC
123 N College Ave., Suite 230
Fort Collins, CO 80524
970-567-7549
ITEM 3, PUBLIC COMMENTS
Packet Pg. 143
From:Jill Baty
To:Corey Seitz
Cc:Development Review Comments
Subject:RE: Seasonal Overflow Shelter at 117 N Mason
Date:Friday, June 7, 2024 10:09:53 AM
Thank you, Corey, for reaching out.
We will make sure your concerns are heard by the applicant. This space was used as a
temporary overflow shelter last winter as well. At this point in the application process, it
appears the applicant is proposing to provide 15 beds for folks to use in the event that there
are severe weather conditions and no other beds are available in the city. If you have specific
concerns related to this or specific ideas as to how the applicant could mitigate any impacts
to your property, please don’t hesitate to send them to us.
The site is located across the street from the Mason St. parking garage, near the County
Courthouse building.
The neighborhood meeting will be recorded and available for anyone to view. Please reach out
if you’d like the link to it.
With respect,
Jill
. . . . . . . . . . . . . . .
Jill Baty
Pronouns: she/her
Associate Planner
City of Fort Collins
From: Corey Seitz <corey_seitz@excelfg.com>
Sent: Monday, June 3, 2024 2:15 PM
To: Jill Baty <jbaty@fcgov.com>
Subject: [EXTERNAL] Seasonal Overflow Shelter at 117 N Mason
Hi Jill,
I am the property owner of 123 N College Suite 230 and wanted to send an email as I will not be able
to attend the in person or Zoom meeting June 12th. Please know I am not a NIMBY and do support
homeless services however I strongly oppose the location of this shelter. The city and police services
does a fair job of keeping people from sleeping, urinating, and defecating in our open space in the
Opera Galleria but it is not perfect. Locating the shelter across the street from a location that
already has issue that burden services downtown and the business owners is a bad idea as it will
likely push the problem over the breaking point. I think Downtown should be a bright, fun, safe area
for all residents and increasing the homeless population here pushes us from a ok managed situation
to a situation like 16th street mall in Denver where the local citizens are not comfortable enough to
go an enjoy the area. There is no amount of mitigation that can be done to lessen the impact, a
free lunch will encourage more people to come.
ITEM 3, PUBLIC COMMENTS
Packet Pg. 144
Thanks, Corey Seitz
Excel Commercial Properties, LLC
123 N College Ave., Suite 230
Fort Collins, CO 80524
970-567-7549
ITEM 3, PUBLIC COMMENTS
Packet Pg. 145