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HomeMy WebLinkAbout12/20/2012 - Planning And Zoning Board - Agenda - Regular Meeting1 PLANNING AND ZONING BOARD December, 2012 SPECIAL HEARING Friday, December 14, noon, Council Chambers, 300 Laporte Avenue WORKSESSION Friday, December 14, 2012 (follows Special Hearing), CIC Room, 300 Laporte Avenue HEARING Thursday, December 20, 2012 – 6 PM, Chambers, 300 Laporte Avenue Consent:  Hanson Annexation (Lorson)  LUC – Reenacting repealed LUC regulations pertaining to MMJ (Barnes) Discussion:  Discount Tire APU(Holland) Worksession Project Updates:  **Eastside & Westside Neighborhoods Character Study (Wray)  SHAP Update (Sowder)  Feedback re: Development Review Process Improvements (Burnett) Order of Business 1) Lunch - Joint Worksession Discussion with Zoning Board of Appeals - **Eastside/Westside Character Study 2) December 20 Agenda Topics (Consent & Discussion) 3) Worksession Project Updates City Council 2nd Reading Jan 2013 1st Reading 2013 WS 12/11;1st 2/19/13 Community Development & Neighborhood Services Long Range Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax MEMORANDUM DATE: December 6, 2012 TO: Members of the Planning and Zoning Board/Zoning Board of Appeals FROM: Pete Wray, Senior City Planner Peter Barnes, Zoning Administrator RE: Eastside & Westside Neighborhoods Character Study This memo informs and updates members of the Planning and Zoning Board and the Zoning Board of Appeals on the status of the Eastside & Westside Neighborhoods Character Study. The purpose of this joint Work Session discussion is to review the efforts to date and discuss next steps. Key question for the Boards: 1. Do members of the Boards have feedback on the recommended strategy options and direction for Phase 3 implementation? The staff and consultant team has developed a Strategy Report outlining neighborhood character areas and profiles, potential alternative tools or systems, and recommending specific measures that may then be refined to be considered for adoption. This report summarized public feedback obtained during Phase 2 of the planning process (see link to Report below). www.fcgov.com/eastwestneighboods This Report was presented to City Council at a work session on November 27. The focus of the discussion included recommended strategy options representing a basis for implementation (see attached Overview of Strategy Options). Comments and direction from Council are summarized below: Council Work Session Main points:  Council acknowledged the information summarized in the Phase 2 Strategy Report and the level of work it represents.  Council noted that most neighbors expressed issues and concerns with large building size impacts and asked why the FAR strategy option was not recommended by staff.  Council provided feedback to staff to make sure what we are trying to solve is addressed in recommended options to ensure we fix the problem for the most recognized project examples that negatively affect compatibility.  Council directed staff to proceed with five recommended strategy options including 1-4, and 5c. Eastside & Westside Neighborhoods Character Study Update December 14 P&Z/ZBA Work Session Page 2  Council also directed staff to include strategy option 5a, and 5b in some form, other than what was originally suggested in 2011, to further address issues associated with building massing/scale, and solar access.  Council directed staff to proceed with Phase 3 of the study to implement recommended strategy options.  Council suggested staff coordinate future Council Hearing dates with the Leadership Team. The project team recommended five strategy options. Based on City Council direction at the Work Session, staff was also directed to include strategy option 5a and 5b in some form, other than what was considered previously in 2011. Next Steps in Process: Phase 3 – Implementation (December 2012 – March 2013)  Assess schedule for Phase 3 including public outreach, Boards and Commissions review/recommendations, and City Council Hearings  The staff and consultant team will develop draft implementation actions for review  Working Group Meetings, Open House meeting  Planning and Zoning Board, Landmark Preservation Commission, and Zoning Board of Appeals recommendations  City Council consideration of adoption of implementation actions . Community Development & Neighborhood Services 281 N. College Ave. PO Box 580 Fort Collins, CO 80522 970.224.6046 970.224.6134 FAX www.fcgov.com MEMORANDUM Date: December 6, 2012 To: Planning & Zoning Board Through: Laurie Kadrich, CDNS Director Beth Sowder, Neighborhood Services Manager From: Sarah Burnett, Neighborhood Development Review Liaison Re: Other Business – December 14 P&Z Work Session: Feedback for Development Review Process Improvements Over the past several months, issues related to the development review process have been raised by a variety of individuals. One citizen, Mark Kenning, outlined his concerns about the review process at the August 2012 Planning and Zoning Board meeting. At that time, it was suggested that the Planning and Zoning Board hold a work session to discuss these concerns as well as those raised elsewhere. This fall, the Neighborhood Development Review Liaison position was filled. A number of unsolicited comments have been received, as well as comments from individuals contacted proactively after appeal hearings were completed. Other sources of comments include planning staff and a Planning and Zoning Board member. Examples of themes include:  Accessibility of information about the review process and about documents related to specific projects.  Concerns that the public input process does not result in neighborhood concerns being addressed.  A perceived lack of staff neutrality in the review process and in staff reports to the decision maker(s) in Type 1 or Type 2 hearings and in appeals to City Council.  Various concerns related to the conduct of Type 1 and Type 2 hearings.  Concerns about the appeals process (from staff and from citizens).  Concerns about recent proposals with Additions of a Permitted Use (APU), and that some recent projects may not fit with the intent and purpose of the APU as it was described when it was established. Questions for the Planning and Zoning Board to consider at its December 14, 2012 Work Session: 1. Does the Board want to close the loop with Mr. Kenning and/or to discuss process improvements from feedback provided by a variety of sources at a future Work Session? 2. Does the Board want to have citizens present at the work session, or to receive a written summary (along with submitted letters/emails)? (If yes, does the Board want to meet at the normal work session time, or in a special evening work session to allow for citizen attendance only or attendance and participation?) AGENDA PLANNING AND ZONING BOARD -- CITY OF FORT COLLINS Interested persons are invited to attend and be heard at the time and place specified. Please contact the Current Planning Department for further information on any of the agenda items at 221-6750. DATE: Thursday, December 20, 2012 TIME: 6:00 P.M. PLACE: Council Chambers, City Hall West, 300 LaPorte Avenue, Fort Collins, CO A. Roll Call B. Agenda Review: If the Thursday, December 20, 2012 hearing should run past 11:00 p.m., the remaining items may be continued to Thursday, January 17, 2013 at 6:00 p.m., in the Council Chambers, City Hall West. C. Citizen Participation (30 minutes total for non-agenda and pending application topics) D. Consent Agenda: The Consent agenda consists of items with no known opposition or concern and is considered for approval as a group allowing the Planning and Zoning Board to spend its time and energy on the controversial items. Any member of the Board, staff, or audience may request an item be “pulled” off the Consent Agenda. 1. Minutes from the November 1, 2012 Planning and Zoning Special Hearing and the November 15, 2012 Planning and Zoning Board Hearing The Planning and Zoning Board provides a recommendation to City Council on the following items: 2. Hansen Farm Annexation and Zoning - #ANX120007 The applicant and property owner have submitted a written petition requesting annexation of 69.42 acres into the City located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is primarily vacant with the exception of the farmhouse (single-family dwelling) and some out-buildings. The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). Applicant: Linda Ripley, Ripley Design, Inc., 401 W. Mountain Ave. #100, Fort Collins, CO 80521 Staff: Seth Lorson 3. Land Use Code (LUC) Amendments Related to Medical Marijuana Businesses This is a request for a recommendation to City Council on the proposed Amendments to the City’s Land Use Code to reinstate the regulations that pertained to medical marijuana businesses prior to their repeal in February, 2012. The regulations are necessary to implement the November 6, 2012 voter-approved ordinance which repealed the ban on such businesses. Applicant: City of Fort Collins Staff: Peter Barnes E. Discussion Agenda: Specific time for public input has been set aside for discussion on the following items: The Planning and Zoning Board is the final authority on the following items: 4. Discount Tire at North College Marketplace, Lot 7 Addition of Permitted Use and Project Development Plan, PDP120024 This is a request for a retail store with vehicle servicing on a 1.19 acre site located approximately at the northeast corner of North College Avenue and East Willox Lane.. The property is zoned C-C-N, Community Commercial – North College District. Because the proposed use, Retail Store with Vehicle Servicing, is not permitted in the zone district an Addition of Permitted Use is required and is requested in conjunction with the Project Development Plan. Applicant: Kimley-Horn & Associates, 990 South Broadway, Suite 200 Denver, CO 80209 Staff: Jason Holland F. Other Business G. Adjourn Planning and Zoning Special Hearing Board Minutes November 1, 2012 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:07 p.m. Roll Call: Campana, Carpenter, Schmidt, Smith, and Stockover Excused Absence: Kirkpatrick and Hatfield Staff Present: Kadrich, Eckman, Ex, Weinheimer, Pierce, Webb, and Sanchez-Sprague Agenda Review CDNS Director Laurie Kadrich reviewed the agenda. Citizen participation: None Chair Smith asked if any member of the audience, the Board or staff wanted to pull an item from consent. No one did. Consent Agenda: None Discussion Agenda: 1. Proposed Land Use Code Regulation for Local Oil and Gas Development _______ Project: Proposed Land Use Code Regulation for Local Oil and Gas Development Project Description: This is a request for the Board to consider making a recommendation to City Council to update its land use regulations concerning oil and gas exploration and develop options for mitigating impacts upon the community. Hearing Testimony, Written Comments and Other Evidence CDNS Director Laurie Kadrich said the City of Fort Collins staff is in the process of reviewing and updating its land use regulations concerning oil and gas exploration and developing options for mitigating impacts upon the community. The City’s goal is to develop strategies and tools that best reflect Fort Planning & Zoning Board November 1, 2012 Page 2 Collins’ community values. In order to accomplish the best outcome, staff has engaged residents through an extensive public engagement process, including boards and commissions and the formation of an advisory committee, composed of representatives from eight City Boards and Commissions, to assist in developing regulations that reflect community values. Staff would like to know: Does P&Z recommend the adoption of the proposed standards for oil and gas operations? Does P&Z recommend the adoption of a dual track (Standard vs. Expedited Review) for oil and gas operations? Their presentation included information on current activity, existing and proposed framework for oil and gas, outreach and feedback, discussion, and next steps. Currently, oil and gas operations are addressed by federal and state regulations and the City of Fort Collins Land Use Code (LUC) Section 3.8.14 (if a use is preempted, it shall be allowed. It is subject to a Type 2 (Planning and Zoning Board) review. At a federal level, existing regulations are: Clean Air Act, Clean Water Act, Resource and Recovery Act, Safe Drinking Water Act, Threatened and Endangered Species Act. Currently, the mechanisms to influence oil and gas operations have been to engage in stakeholder processes related to the development of federal laws and regulations. At a state level, regulation comes from the Colorado Oil and Gas Conservation Commission (COGCC). They oversee oil and gas operations in the state. It is composed of a seven-member board and has 17 inspectors for over 49,000 wells in Colorado. Area of COGCC staff expertise includes geochemistry, hydrology and geology. Additionally, the Colorado Department of Public Health and the Environment (CDPHE), Water Quality Control Division (WQCD) respond to spills, impacts to surface water and the Air Pollution Control Division (APCD) monitor air quality after well completion. The Division of Parks and Wildlife (DPW) can be engaged in permit review for sensitive habitat and species. State regulations address: comprehensive drilling plans; setbacks; noise, dust, and lighting; habitat and wildlife protection; safety, spill remediation and site reclamation; setback and water quality regulations currently under review. Currently, the mechanisms to influence oil and gas operations are: engage in stakeholder processes, local government designee, legislative advocacy, intergovernmental agreement, and designated outside activity areas. Regionally, mechanisms to influence oil and gas operations have been: local government designee, legislative advocacy, and intergovernmental agreements which obtain inspection authority and provide an opportunity to partner regionally for air and water quality monitoring. Locally, staff recommends the mechanisms to influence oil and gas operations are: local government designee, intergovernmental agreements, operator dialogue, regulatory options, designated outside activity areas, and maintain connections with researchers. Options to consider are: operator agreements (construct a single agreement for all operations within the City). It would require approval by City Council and must outline public process such as notice for activities and neighborhood meetings. It addresses similar standards in expedited review and a surface use agreement will be required if on City land. Option 2 is the development review track. It would require the development review for each new operation either by the standard or expedited review process. The standard review process is a public process with written comments with site specific goal based standards, neighborhood meeting, public hearing, and Planning and Zoning Board approval. The expedited review process is a public process with prescriptive standards for which a project must qualify and CDNS Director’ review and approval. This option, in staff’s view, includes proposed regulations in the area of air quality, water quality, natural resource protection, compatibility, transportation, emergency response, and additional concerns, e.g., noise and lighting. Planning & Zoning Board November 1, 2012 Page 3 Staff outlined the differences between the standard and expedited review process for air and water quality, natural resources, emergency response, transportation, and additional regulations (noise, lighting, weed control, spills, and abandoned and ‘plugged’ wells). They described their outreach and feedback process which included: researched what other communities are doing and working with them on partnering opportunities through intergovernmental agreements and shared inspection authority and monitoring. Staff said they met with COGCC staff and local stakeholders. They formed an Advisory Committee made up of members from the Water Board, Energy Board, Air Quality Board, Parks and Recreation Board, Planning and Zoning Board, Economic Advisory Commission, Natural Resources Advisory Board, and Land Conservation and Stewardship Board. Their work focused on water quality, air quality, emergency services, and fees and finances. Outside the Advisory Committee, all affected city boards discussed the proposal and are generally in support of the dual track. Staff reviewed next steps with include consideration by City Council at their December 4 and 18 meetings and the proposal that, if adopted, they would check in with the Planning and Zoning Board at regular intervals on proposed changes to the LUC to ensure regulations are up-to-date. Staff said the Advisory Committee at their November 14 rulemaking meeting will be reviewing setback for new well sites. Under consideration are potential drilling areas (Zones 1, 2 and 3) based on high density setbacks. The proposed setbacks by zone are: Zone 1 – within 350 feet from wellhead/equipment, Zone 2 – from 350 to 700 feet, Zone 3 – from 700 to 1,200 feet. Other setbacks are except as modified, minimum setbacks from buildings, public roads, major above ground utility lines or railroads to be increased from 150 to 200 feet and designated outdoor activity areas will be maintained – 350 foot minimum from approved site. Rules will include notice requirements, comment period and mitigation measure requirements. Staff said in the area of statewide groundwater sampling and monitoring, they collect initial groundwater samples prior to beginning construction at the two closest water wells, springs, or surface water and within 1 mile of proposed location. A new sampling event is required if drilling is delayed one year or more of site construction or if a well is re-stimulated one year or more after the initial sample is taken. Follow-up sampling events are conducted between 12 and 18 months after initial sampling at the time of final site reclamation. It may also be required due to changes in water quality documented by analytical data and at the Director’s discretion in response to complaints from water well owners. Test results will be provided to the well owner and to the COGCC (and posted on website). Staff asked the Planning and Zoning Board to recommend to City Council the adoption of the proposed standards as related to the LUC. They also asked if the board supported the dual track process of standard and expedited review process options. Chair Smith said the board is really focused on the land use components of the proposal. He said staff did a good job of presenting the various layers of regulations that occur in this industry and while we all have strong feelings about the topic, there is a very limited slice that is in the purview of this board. That doesn’t mean they don’t care. He said he thinks the board has done a very good job over the years in being able to be effective within their purview. Chair Smith said this is a legal hearing and he asked that everyone act appropriately. He will moderate the meeting for decorum, tone, and civility so along those lines he asked the audience not to cheer, jeer, or applaud. He said after the completion of public testimony, staff will have a chance to clarify. Planning & Zoning Board November 1, 2012 Page 4 Public Input Bob Osmundson, 1413 Cactus Ct, said he had worked 35 years with the same oil and gas company and sixteen of those years were as a public affairs officer for various western states. He said if there had been a problem, he would have heard about it. He said the industry would like to have one source of government regulations and that the State of Colorado has some of the most strenuous regulations in the nation. They protect our communities, our health and our environment. He asked that we please not over-regulate. He asked that we don’t make it difficult for business to flourish. He said Erie and Windsor have operating agreements and with them their community needs are met. Bill Jenkins, 710 Mathews Street, said he’d like to acknowledge staff’s efforts to find a way to play between potential conflicts with COGCC and the unknown health issues that are out there. He agrees with the written comments submitted by from the Clean Water Action group of the Poudre Canyon Sierra Club. He thinks each well should be scrutinized because there is so much potential for problems. He said Fort Collins has its own value system in terms of environment and health separate from what the COGCC has established for the rest of the state. He also thinks there should be some type of bonding situation where if anything comes up – concrete casing fails or blow-out; there should be some kind of operator financial responsibility. They need to be accountable. Delores Williams, 415 Mason Court, said she appreciates all the work done by staff. She thinks there should only be the expedited process because we’re a first class city and we have the air conversions. We have what some other places don’t have like prevailing winds. She asked how we are going to handle illnesses if nearby residents become ill. She said we are in a desert and each well uses between 1 and 5 million gallons of water. Are we doing away with agriculture? She’s concerned about its effect on global warming. She asked the board to consider the health of their constituents. Nancy York, 130 South Whitcomb, said she too wants to thank staff for their diligence. She thinks all of us are together in wanting to protect the health and environment. She noted that there’s more to come— more definition and more moderation. Her advice is to go for the most stringent possibilities. If it needs to be modified later, we can do that later. She agrees each well require an operator agreement and that there should be time constraints (not abandon it for a while). She thinks public notification should be a given. She thinks there should be baseline monitoring of the soil, water and air for all drilling. There should be full disclosure of the chemicals and the various ‘ingredients’ that go into the fracking method. Leo Bucilato, 2238 Iroquois Drive, said he attended the work session as well as this hearing. He thinks it’s outrageous not so much what was said but what was omitted. There was no mention of the chemicals leaking into the aquifers or the method by which aquifers could be poisoned. In fact, there was no mention of aquifers. There was no mention of negative effects of fracking or of the potential for negative effects of fracking. He said the ‘fast track’ excludes public hearing—that will disempower the public. He said the ‘fast track’ allows for exemptions or waivers of requirements. Why in this meeting was there no mention of the waivers? In fact, one person has the power to grant waivers to the oil and gas industry— the Director of the CDNS. He said the ‘fast track’ allows the operator to do testing on their own. What are we supposed to do, trust them? He asked why doesn’t the city do it themself or pay a third party to do the testing. It’s difficult for him to understand; he thinks there’s a lot more to be said. Devin Hirning, a southeast Fort Collins resident, said he sent some correspondence to the staff contact at fcgov.com/oilandgas. He said he’s a much better writer than speaker and asked the board to consider his comments. He did want to thank staff because he thinks they’ve made extraordinary efforts. He doesn’t think their proposal is strict enough. He’s put forth ideas in the letter he’s submitted. He thinks the Board asks great questions. He does want to highlight some information circulated by the industry that was looking for people to come to tonight’s meeting to characterize people who offer local support. He has spoken on many occasions on issues that affect residents of southeast Fort Collins. He did want to highlight how much the extraction process has cost the public and read a portion of his letter – ‘ Texas Planning & Zoning Board November 1, 2012 Page 5 has more than 7,800 orphaned oil and gas wells – wells that were never properly closed and whose owners, in many cases, no longer exist as functioning business entities. These wells pose a continual threat of groundwater pollution and have cost the state of Texas more than $247 million to plug.’ He said there are other references. He asked who is going to pay the cost when the industry has come and gone from Fort Collins. He referenced a quote by Headwaters Economics that stated: ‘Some argue that Colorado’s low tax rate and incentives must be retained, or drilling activity will move to neighboring states. Despite these warnings, the academic literature shows that taxes are largely irrelevant to total oil production. Chiefly, the oil industry is a resource dependent industry and cannot move the location of production, like a textile mill or auto manufacturer, to seek out lower labor costs or to win greater tax concessions. According to the American Petroleum Institute, US based oil and gas companies must structure their operations and invest substantial capital where the resource is found rather than where the best tax regime is located.’ He asked that they pay for any situation they create. Tom Hoehn, 281 S. Washington, said he’d like to express his great alarm about the known risks to our health and water from the natural gas industry due to hydro fracking. He’s personally spoken to people in Garfield County and he’s learned about the consequences to their personal health, property values, and water. That has only increased his concern. He’d like to request the board take a stand to protect the health of the citizens and the water of Fort Collins by passing a single mandatory regulation combining both the expedited and standard review by city staff. He’d still like to the board review and he’d still like to have a vote and public input. He also requests that no city water be sold, leased, or rented to oil and gas companies. He requests that the companies operating within city limits be required to disclose all chemicals (both produced by and used) in the entire drilling and fracking processes. Rose Lew, 2014 Westview Road, said she’s been in Fort Collins for 15 years and she’s here both as a concerned citizen and as a professional. She has graduate degrees in environmental science and public health. She worked for 12 years with the US Environmental Protection agency—10 years in DC, 2 years in Denver. She helped developed guidelines on groundwater protection and then reviewed state groundwater protection programs as well as well-head protection area programs. She provided technical assistance to local governments. She is very concerned about fracking. She thinks government and business should be conducted as if we were in a fish bowl. She thinks the problems with fracking started in 2005 and 2006 when Dick Cheney created the national energy policy written by and for the oil and gas industry without any other interests represented. That exempted fracking from at least eight national environmental and health & safety laws. We don’t have all those protections we had up to 2006. Lew said she sees the very excellent and thorough work of staff but some of the things she’s concerned about are the lack of maps of the aquifer system in the area and the relationship of existing or planned wells to the aquifer system. She hasn’t seen any maps of what areas are vulnerable to being taken over because it’s the oil and gas companies that own the mineral rights. She has seen anything that addresses cumulative impacts (air, water quality/quantity) of these wells. Becky Boutz said she lives in Laporte. She said air and water pollution do not stop at the borders of the city. Basically she doesn’t think this technology is safe. She thinks the state is turning a blind eye. She thinks we’re caught in the middle. She wishes we can work together to pressure the state. She believes they have dollar signs in their eyes—they see jobs and revenue stream. She’s seeing increased costs for her health care. She’s also concerned about an early death sentence. She said there are cumulative health effects and we are being a little short sighted. She said everyone is giving feedback that there are adverse impacts and nobody is listening. Drilling is going forward. She spoke of individuals with asthma and cancer right where all the drilling is happening. There will be huge truck traffic—there’s potential for doubling our air pollution. She said well casings fail immediately in 6% of the cases. She said 50-75% of them fail over the life cycle of the well. It’s not safe and together she thinks we should ban it. Rudy Ziti, 1626 Fantail Ct, said he completely understands differences in issues that are partisan. He said this is not a partisan issue. We can agree on one thing. We need energy. Energy development is Planning & Zoning Board November 1, 2012 Page 6 vital to our community. He said Colorado has the most comprehensive regulations in the nation and they make sure that energy development happens in a responsible way that protects citizens and our beautiful state. He said fracking itself has been around since 1949. Perhaps there have been some accidents but he thinks it’s all about balance. He encouraged the board to say yes to good jobs, citizen engagement, and energy independence and no to unnecessary regulations. Chris Gabbar, 6321 Treestead Rd, said she’s lived in Fort Collins for 25 years. She’s here to beg the board not to sacrifice our beautiful city to the oil industry. She wonders how hydraulic fracking will benefit Fort Collins. She said hydraulic fracking is a relatively new technology and there are many questions. We’re living through the modern day equivalent of the gold rush with the oil industry racing to extract natural gas at maximum speed. She said ‘bust’ may be the end result. She said natural gas is mostly methane and it’s 100 times more powerful than CO2 in contributing to the ozone layer. If it’s safe, why is the practice exempt from the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, and other acts? There’s potential threat to local water resources. She said a few months ago Nationwide Mutual Insurance Company decided they would not cover damages by fracking. Risks to Fort Collins are water contamination, air pollution, toxic chemicals with compounds linked to cancer, birth defects, and other serious health problems. Wastewater can bring up dangerous radioactive particles that have been buried underneath the ground for millions of years. Safe disposal of radioactive wastewater is unachievable. Water processing facilities cannot handle this toxic fluid. Cleanup of spills and accidents is often the legal responsibility of land owners and not the fracking companies. Taxpayers will foot the bill for roads, police, EMTs and other infrastructure. Agricultural and tourism are the foundation of Colorado’s economy. Industrializing the state with tens of thousands of gas wells will negatively impact these important economic engines. We are here tonight to ask the board to join with them to keep Fort Collins safe for us and future generations. It’s not safe and it should not be allowed in city limits and natural areas. Marcy Mathews lives in west Fort Collins. She said as you consider oil and gas issues tonight, please remember these 4 key points. Colorado already has the most restrictive, cumbersome regulations in the nation. Fort Collins does not need to put a new layer of regulations on top of the state’s rules. We should work with the state. More oil and gas production means more jobs. Oil and gas production means more revenue. In addition to paying all the taxes we all pay, energy producers pay a huge property tax on the actual oil and natural gas they produce. We pay property tax at 20% of the assessed value. Oil and gas pays at 87.5% of the assessed value. This will be a huge windfall to our city and our schools. If Fort Collins passes restrictive oil and gas regulations even though Colorado already has the toughest rules in America; you chase away jobs, growth, and all that revenue for schools. She said that doesn’t make sense. She asked the board not to ‘fixate’ on all the irrational arguments of drilling opponents but rather focus on the tremendous opportunities that await. Scott Hall, 1600 Stout Street, Denver, said he is the CEO of Black Diamond Minerals. They are the wholly owned subsidiary of Prospect Energy. Prospect Energy is the operator for the Fort Collins oil field which is located between the City of Fort Collins and Wellington. A portion of that field is within the city limits of Fort Collins. They are the only active wells within the City of Fort Collins. He said the primary thing he does is bring energy to market and energy is a beautiful thing. It’s the essence of life. If you think about all the health aspects that people have talked about in the last 120 years, our life expectancy has doubled…from 35 to 77 years at a time we have been greatly increasing our energy consumption. The reason our life expectancy has doubled is because we use energy to help benefit all of us. It’s made our lives better. He’d like the board to keep that in mind. He’d also like the city to know that at any time, he’s available for any type of consultation they want on how oil and gas operations are conducted. He’s also an ‘SB” distinguished lecturer on horizontal drilling and fracturing. He holds US patents in fracturing. He’s written several technical papers on fracturing. He clearly believes it’s a very safe activity. He thinks it’s vital to their industry. He said 63% of our energy comes from oil and gas; another 20% comes from coal. 83% of our energy comes from hydrocarbons. We all want to move to a more sustainable Planning & Zoning Board November 1, 2012 Page 7 environment and we all hope we get there. Wanting to achieve sustainability by ‘punching’ one industry in the nose in order to try and help another is not a cooperative effort to get to that better, sustainable lifestyle. He said the rules the city is looking at are rules that are trying to be implemented in Boulder County and Longmont. We know that the Longmont rules are under litigation for the potential preemption and the potential for ‘taking’ and that’s one of his big concerns. He’s concerned about how much of this takes away value from his ability to effectively develop a field. He noted he also submitted written comments today which he didn’t hear mentioned. Member Schmidt asked Mr. Scott to explain the difference between hydraulic fracking and the fracking that was done in 1949. Scott said there is no difference and there have been over 1.2 million wells fracked in the United States since 1949. The technology is very similar. All you are essentially doing is pumping a sand laden fluid into the ground in order to create a wedge that you can pump sand into. When you stop pumping, the rock closes back in the sand and creates better permeability down the hole. The fractures all stay whole. They have done numerous testing and they’ve learned that all the fracks stay near the pay zones. In Fort Collins, the pay zones are 4,000 to 5,000 feet deep. Member Schmidt asked when they would frack an existing well and would you have to apply for a separate permit. Scott said wells are mostly fracked when they are initially completed. Scott said they recently fracked an existing well to improve its pay zone. Scott said he really supports the Local Government Designee or ‘LGD’ process and would really work with staff on a ‘MOU’ (Memorandum of Understanding) process. Fred Kirsch lives at 414B Meldrum Avenue. He said he’s representing himself as well as the Community for Sustainable Energy (CSE). He’ll work to keep comments within the purview of the board. He thanked staff for working so hard on developing the codes, the board, and those present to make democracy work. He said there’s a map in the packet that shows Fort Collins in its current state and areas that are drillable. He’d like to see that map under expedited conditions as well as the standard review so we can compare what areas might be drilled under each option. He said CSE has 12,000 contributing members in Fort Collins. He said since early October they’ve been knocking on doors to get peoples’ perceptions of oil and gas drilling. They’ve contacted 1000 and over 900 have agreed with the comment that citizens have the right to know what pollution is coming from an oil and gas well in their neighborhood. They think there should not be any more drilling in Fort Collins until there is proper monitoring and an alert system that lets people know immediately when there’s a toxic release. Right now, your nose is the alert system. He shared information on a recent case in Erie. Over a course of 2 months, they finally figured out to file a complaint and within a week the operator was out there making repairs. He said there needs to be an earlier detection system than your nose. Erin Lamb, 1476 Edgewood Ct, said she is a CSU student and a native of Colorado. She loves Fort Collins and she thinks oil and gas development would be a good thing for this community if done properly. She knows we all probably drove our cars here so we obviously we do use gas. She’s been keeping up with the state-wide regulations and she thinks following Windsor and Erie would be a good move for Fort Collins. They are a good frame of reference even though we are not exactly like them. They have great agreements with their operators and their community needs are met. Collaboration is key for Fort Collins. She said oil and gas will bring jobs to this great city and it will boost their economy to make Fort Collins the best it can be. John Reguse, 303 N. Meldrum, said he’s a graduate student at CSU studying physics, specifically solar panels. He thinks natural gas can be a friend of renewable energy however at this time it appears that the impact of hydraulic fracking on the community’s health and environment is unknown. Oil and gas have been around for a billion years, it will be here for another 10 or 20 years or until we can answer these questions. He said he works with heavy metals on a regular basis and volatile organic Planning & Zoning Board November 1, 2012 Page 8 compounds (VOC) are scarier than they sound. Allowing any amount of these compounds in the environment should be unacceptable. Rico Moore, 721 W. Myrtle, said he’d like to respond to a couple of things that have been said and to recommend the board says no to both questions because he thinks they should adopt one regulation that encompasses the most stringent from both the expedited and standard review. He said he had to resign his job at Aims Community College in Greeley after an oil well was drilled on campus and he became ill. He said resources in terms of domestic energy not true. The price of natural gas is extremely low, shipped to the coast and sent to developing Asian markets. Wellbore casing failure – the safety of fracking is not real – 6% of wellbore casings fail upon completion and 60% fail after 20 years. They all fail over time. Moore said the aim of the expedited and standard review is to protect the environmental health of Fort Collins while remaining in line with COGCC. He said its alignment and allegiance is for the health, longevity, and legacy of this land called Fort Collins. The values we hold dear in areas such as our air, water, and earth. He said a recent study showed that 43% of fracking spills contaminated ground water and service water. Another recent study from NOAA (National Oceanic and Atmospheric Administration) shows fracking releases twice as much methane as potent greenhouse gas. He said he visited a site and in every direction he looked there were wells and the smell of burning tires. He suggests to the board that they support and adopt one mandatory regulation that frackers must adhere to. Eric Sutherland, 3520 Golden Currant, said he’s here to express extreme disappointment in his city government with what he’s seen this evening. The idea that you’re holding a carrot out in front of the industry to adopt better practices because of an expedited review process is completely untested. He thinks it’s not going to be enough incentive for them to pursue the ‘better’ course. He thinks they are just wasting their time looking at this dual track process. With reference to PRPA (Platte River Power Authority) he said our Longmont partner is always doing interesting things in their city government and he’s become a student of their government. He said their mayor (Dennis Coons) is a very inspiring leader. What they’re doing in Longmont, he wishes our city would follow. Our desire to protect our citizens really is worth going the extra mile to preserve. He said Fort Collins is bound by state standards as to how much renewable energy we should be purchasing and deliver into their system. He said we’re not. He thinks we should not cede our power to the PUC (Public Utilities Commission). He wishes we would do what Longmont does. He laments the lack of back bone and perseverance of our values in the proposal being presented. Monte Barry said he lives in downtown Fort Collins. He referred to the women who spoke of 19,000 wells in Weld County. He recently took a trip through parts of Firestone and he got to see an oil and gas operation first hand. He was amazed at the setbacks near homes, business, and playgrounds. He would urge the board to visit Firestone. As far as fracking is concerned, it’s his understanding that only ½ of the injected fluids come back out. He thinks it’s “a Haliburton loophole back doored in” deep well injection operation. It needs to be heavily regulated by EPA (Environmental Protection Agency). He’d urge them to consider these factors. John Barnett, 3200 Greenwood Ct, said one of the things he heard tonight was that Colorado had one of the most stringent regulations in the country, please don’t adopt any more stringent regulations than that or you’ll drive business away. Indeed, if that was true, we would not have the drilling boom we have in Weld County. What the State Oil and Gas Commission did was adopt a set of fairly strict regulations because they did so late in the game and they were able to learn lessons from other states. They adopted a one size fits all. They also allowed space in there for other cities to adopt regulations to meet their own needs. We heard from industry representatives that towns like Erie and Windsor are quite satisfied with a fairly low level of additional regulation but if you compare the history of Fort Collins land use regulations with the history of those communities, you’ll know that Fort Collins has always set a higher standard. It’s kind of pioneered a lot of land use concepts and a lot more stringent regulations Planning & Zoning Board November 1, 2012 Page 9 than other communities. In fact, the reality is that Fort Collins is pretty healthy economically. He thinks it’s perfectly kosher to adopt more stringent regulations. He shared a story of growing up in Pennsylvania and impact on coal mining and a long standing fire. He urged the board to adopt strict regulations. He asked that they use public review but use it with the higher standards that you’re giving for the expedited review because that is really going to do a better job protecting the health, safety and welfare in Fort Collins. Leakage and cracks are a land use issue. Grant Hallet, 2301 Sheffeld Drive, said he just wants to echo the sentiment about the precautionary principle the last gentleman spoke on. Waiting for mitigation and adaptation after the disastrous effects have already happened is not enough. He referred to a recent study commissioned by the CI (Climate Institute). The National Resource Council did an 18 month investigation of climate change effects and national security implications. They were supposed to report on it on Tuesday but Hurricane Sandy got in their way. “Oops, I guess we learned.” He asked that they please use precautionary principle and not learn before it’s too late. Board Discussion Chair asked staff to comment. Director Kadrich said there were a couple of things she picked up on that she’d like to further review or re-review and that has to do with the differences in the process between the expedited and the standard review. Very clearly under the expedited review it is similar to the City’s basic development review wherein the Director has the final authority. That is not unique as a part of the LUC. What is unique under this proposal is that there would be notice given to others within a ½ mile distance of where the application was received. Folks could make written comments. There would not be a hearing on this matter and there would be an internal staff review very similar to what is done on other types of development. After all that was done, the director would provide a written finding about how it complied with the LUC and if the application was modified or varied modified in some way. Under the standard review there would also be a notice (a ½ mile area). There would be a neighborhood meeting rather than just accepting written comments. There would be a Planning and Zoning Board public hearing similar to what is being held tonight. In that case, the board, after public testimony and deliberation would make a finding. Kadrich said there is a waiver provision in the code. The waiver provision is not exclusive to the Director. It is determined by the decision maker. It is modeled on what is currently available for a modification of standard. The reasoning behind that has everything to do with different things that could be unique to that operation or different technology that could be present. Any time we write prescriptive LUC, we found that if something happens in the future (technology development, etc.) and the public good is not harmed; we add the ability to consider a modification to standard. The language that outlines waiver criteria can be found on page 3 of the draft code. Member Schmidt asked about the drillable map referred to in public testimony. Is there such a map? Member Carpenter said her notes referred to a mineral rights map and also maps of the aquifer. Kadrich said they do not have maps available tonight with that type of detail. Kadrich said they previously had used maps showing projects using the state’s setback criteria. That criterion was overlaid on the city map to determine what areas would be subject to drilling. She said they do not have that map tonight. Kadrich said what staff is working on is a map that would have that and an overlay for expedited review. She said that map is not available tonight; it has not been made yet. Member Schmidt asked if that map would be used to indicate there would be enough setback to use the expedited review process. Kadrich said what they looked at previously was the result of questions being asked is if you take the state’s setbacks in place today; how does that apply to the city? What area would be subject to potential or future drilling? Under the expedited review, we have a greater setback requirement than the state. Therefore, some have asked the question what area of the City of Fort Planning & Zoning Board November 1, 2012 Page 10 Collins could apply for eligibility for an expedited review. That information has not been put together yet. They plan to share that information with City Council. Member Schmidt said staff (Pierce) had mentioned after work session that most of the drilling goes below the aquifers so that is not a problem with horizontal drilling. Schmidt said for those that mentioned that wells fail; how are those monitored before there’s oil flowing down the street? Pierce said with regard to well casings where they are most likely to fail and affect an aquifer, as you go below ground most of the aquifers or sources of water (500-1,000 feet) are going to be higher and closer to the ground surface than where the hydro carbons are (e.g. 5,000 feet) that they are trying to extract. Pierce said on the vertical portion of the well they have to take the surface casing down below where that aquifer ends so that increases protection for the ground water and aquifer. A lot of emphasis is given to making sure that surface casing is installed properly. She said there are a number of tests that occur to check on the integrity of that seal and that a leak higher up does not impact an aquifer. Member Schmidt asked if older wells (that may have cracks) are inspected on a regular basis or only on an incident basis. Pierce said she does not know the exact inspection requirements for the state but she does know they will not let it go 30 years without ever taking another look. She said there are regular tests like the Bradenhead Test that most operators perform on their surface casings. Member Schmidt asked about a closed system where the wastes are all contained in storage areas and then removed in a responsible fashion. Pierce said when they were talking about closed systems it was mostly in relation to the protection of air quality. When you directly pipe the gas into a sales line with a green completion, you are preventing it from being vented or exposed to the air. Schmidt asked if there are going to be any situations where we’re having hazardous chemicals more frequently trucked on city streets. Pierce said generally the produced water is the largest amount of waste that is taken off site. They do have tank batteries and condensation tanks that store it but at some point it needs to be disposed. It may be trucked off site or it may be trucked to a disposal location. Most often that’s going to be an underground injection control well. That’s a program that’s regulated by COGCC where they permit and operate these facilities. The idea is the waste that is brought up with the hydro carbons is put back into the same area (portions of the formation underground where it originated). Schmidt wondered if we want to say when trucking is required it’s allowed on certain streets and not others. Staff member Lindsay Ex said on the traffic portion of the presentation, they worked with the Traffic and Engineering Departments. A part of the review process (whether expedited or standard) will be to determine where the access routes. Ex said there are designated routes for hazardous materials. Member Schmidt asked staff if they thought the carrot is big enough. Will we get takers on an expedited review? Is the MOU (Memorandum of Understanding) the Operator Agreement as referenced by the Black Diamond representative? Director Kadrich said that is what she would assume. Kadrich said the tools they are trying use are those that other communities who deal with this issue more than Fort Collins. She said they are collecting a number of tools and whether this one (Operator Agreement) is going to draw the most response, she couldn’t say for sure at this point. She said she knows that Boulder County’s goal is to have ½ of their applications go through an expedited review and ½ of them going through a standard review. Kadrich said they’ve tried to approach it as how different it is from the general standard. What have we learned from other operator agreements? What’s happening in the industry and what does staff believe is best to protect the public health and safety of our community? How can we put that together in a process that would make sense for someone to approve outside the Type 2 (Planning and Zoning Board) review. Member Carpenter said there were questions relative to the disclosure of chemicals being used. Is there any place in the state or proposed regulations that requires full chemical disclosure? Staff member Dan Weinheimer said there’s a process that just started this year using website (Frack Focus) – a joint effort of the state and the oil and gas industry. They post information on the chemical constituencies but it Planning & Zoning Board November 1, 2012 Page 11 may not be at the level of detail that some in the community would want. Weinheimer said they are trying to seek more information. Staff member Ex said that would apply in both the expedited or standard process. Member Carpenter asked if there could be anything in the Operating Agreement. Kadrich said yes. Member Carpenter asked about an early detection system. Will the wells have anything like that? Kadrich said there has been some discussion about detection systems at the wells particularly during drilling. Pierce said it depends on the operator and the size of the field. For safety reasons, PIDs (Photo Ion Detectors) and FIDs (Flame Ionization Detectors) are portable devices you can use for detecting a general emissions and volatiles. Carpenter said what’s she’s concerned about is some type of surveillance system for citizens. Pierce said she’s heard people mention that there are affordable on-site surveillance systems. She said her investigations have not found anything cheaper than $250,000 per site for monitoring air quality. If you’re talking about air toxics, the cost would be $500,000 per site. She said they’re open to anything information people may have relative to new technology. Member Stockover asked in the event we hire our own inspectors; is that something they could utilize on a routine basis. Pierce said absolutely. Deputy City Attorney Eckman said relative to the question about notification and chemicals, he referred to page 8 and 9 of the proposed ordinance reference the emergency preparedness plan. He said there are some requirements about coordination with Poudre Fire Authority and the plan on how to react in a dangerous situation. He said paragraph 9 says there should be a provision obligating the operator to have available a current materials safety data sheet for all chemicals used and stored on site. Member Schmidt asked if staff’s had a chance to review the document from Black Diamond, especially Rule 205a Chemical Disclosure citing that we cannot do anything more restrictive than what the COGCC currently has in place. Kadrich said she hasn’t had an opportunity to look at the detailed comments. Member Carpenter asked for clarification on ‘fugitive emissions’. She said under both the standard and expedited process, they would be required to maintain leak detection and repair program or a directed inspection and maintenance program. Does that address concerns raised about leaks and alerts? Pierce said that would be a pollution prevention measure that we are asking operators to use. We’re asking them to spell out their pollution prevention procedures. There are best practices put in place to check release and what you do when you find them. Member Schmidt said she lives by the oil and gas field in northeast Fort Collins and has since 1983 and that oil field has been there since 1923. Years ago we use to have a lot of rotten egg odor. The neighbors would confer on how someone ought to call. She thinks neighborhoods need to have something in place where they know who’s going to report. She referred to public testimony and the comment that the nose detector is one of the fastest ways of knowing something is going wrong. It may be part of the city’s education program. Member Schmidt said it looks like Black Diamond has a lot of issues with what we have in this proposal. She asked Eckman if those things will be worked out. Eckman said the comments that Black Diamond provided on the draft ordinance are really specific and they deserve our review. This is also pending legal review by the City Attorney. The version that goes to City Council may be slightly different from the one being considered by the board but not much. Kadrich said the version on which we received comments looks like an earlier version of the ordinance so there should be another opportunity for them to look at the current version. She agrees with Eckman that they are not prepared to comment on their comments tonight. Chair Smith asked about the practice of abandoning wells in Texas. Specifically to their LUC concern, we do concern ourselves with vacant buildings and big box stores that are causing blight because Planning & Zoning Board November 1, 2012 Page 12 they’ve been unoccupied. Do we have anything in the proposal that deals with that? Eckman said it’s a huge problem in Texas and it costs Texas a lot of money if what’s been reported is true. He thinks part of the solution at the state level is to require bonding when you drill a well if the state would be required to plug an orphaned well. He thinks Colorado has a bonding requirement. Staff indicated yes, the bonding requirement is in place. Kadrich said it’s not a gap they found that needed to be dealt with at the local level. Member Schmidt references the changes made to page 34, paragraph 3 (a) of the draft ordinance. She appreciates they changed the waiver to tie the economic cost and the adversely affect the public health…together. She doesn’t like the idea of a reasonable cost. She thinks that’s too vague. She asked reasonable based on what and thinks it’s too easy to meet the economic problem. She’s just worried that other waiver area is still a little too weak. Chair Smith said he thinks staff is talking about waiving the standard will not adversely public health, safety, welfare and the environment. Unless he doesn’t understand, that’s in the mind of the decision maker. Member Carpenter said she agrees with that—somehow we need to make that a little bit more stringent. A reasonable cost to one person may not be reasonable to another; she’s not sure how you define that. Chair Smith wondered how the board wanted to process the new/recently received materials. Did they want a 10 minute recess? Member Carpenter said the Black Diamond letter is a relatively hefty document received at the last minute. Member Stockover said he’s in agreement with member Carpenter, the materials presented tonight were not given to them with enough time to thoroughly analyze. He thinks we’re far enough down the path to make a recommendation. The new information could be forwarded to City Council and they could consider it before they act upon the board’s recommendation. Stockover felt fairly confident we have enough information to consider. Member Schmidt said she feels the same way given we’re supposed to make a recommendation on two general areas – dual tracks and adoption of the proposed standards. Since this is all pending legislation, it’s her feeling they could make a general recommendation. This ordinance could be a good first step but it needs to be supplemented. Deputy City Attorney Paul Eckman said one thing that’s not in the ordinance that will be added is in the expedited development review where the Director makes the decision (without a hearing); there is an application submitted, staff advise, there is an opportunity for the public to provide written comments so if the decision is appealed to District Court then there would be a good record for the court to review. There will also be language for the Director to make a detailed finding. Member Schmidt asked why it would not be appealed to City Council. Eckman said the idea with expedition is to take that step out. Member Campana said it’s pretty easy to get sucked into wordsmithing this ordinance. He thinks it’s still in draft form. He thinks staff has done a great job in the time they’ve been given. Clearly this is not a finished document. Campana appreciates all the comments and letters that have been received. He thinks he has enough information to be ready to offer a recommendation to City Council. He suggested a term should be added related to geographic specific best practices. Also, not understanding the industry he’s not sure it’s even something they might want. He believes it (the operator agreement) gives us the least amount of staff comment/public input. He thinks the expedited process gives us the most ‘teeth’ but not knowing enough about the industry, he doesn’t know which way an applicant might go. Based on his experience on the Advisory (Oil and Gas) Committee; he thinks staff has done a very good job of pulling together a plan for what could potentially be 17,000 wells. It’s good work. Member Stockover said this is an issue that is way bigger than Fort Collins. We’d be a very elitist society if we said we’ll burn your oil and gas in our cars and homes but we don’t want anything to do with producing it. He said we need to share this issue wholly as a nation not just as a community. He thinks Planning & Zoning Board November 1, 2012 Page 13 we are doing something and we may not have it exactly right but at least we have people coming down and voicing opinions. Stockover said Fort Collins is not a big oil and gas producing community so we need to keep the bigger picture in mind. He said he thinks our job is really just getting starting and pushing it up to the county and state level. He thinks we’re doing the right thing by acting out of awareness. He thinks we’ve had a great amount of research and discussion and we’re taking this very seriously. He said we always have the ability to tweak what we have when we discover something is not right. He thinks it’s more a Colorado than a Fort Collins issue. Member Schmidt said she agrees with some of what Member Stockover said. She said she just feels in general that staff has done a good job of trying to get down to the nitty-gritty and to cover all the bases. She thinks the board’s role as this document changes is to give City Council general guidance in their recommendation. From her perspective, the two tier approach sounds fine with the caveat that we don’t weaken the development review so there are no teeth in the standard review. She’d also like to see neighborhood notification include the posting of an “oil drilling possible here” sign. They could look on a website to see what’s going on. Director Kadrich said Member Schmidt has raised a key issue in her comments. She said the expedited review is a voluntary process. It is not a prescriptive process. Schmidt said her biggest worry is the operating agreements and it may be from her previous position on CAG (Citizen Advisory Group). When the city was just starting with TIF (tax increment financing), some of their first agreements were not very good. She’d hope we really do look at best practices and we have good idea of what is a good agreement so that we don’t have a few bad ones in our learning curve. Member Carpenter said in a way the whole thing is a little odd to be talking about. The problems we’d have (she agrees with many of the things stated tonight during public testimony) are air and water quality. We can’t stop the air at the Fort Collins boundaries. She agrees with Member Stockover in that what really needs to happen here is we need to be talking at the county, state, and federal level to get the regulations that we want. She said what we’ve done here is to do the best we can given a difficult situation. She thinks it’s a good start. She agrees with Member Schmidt in that we do need to send things to City Council. She thinks the Operator Agreements are going to be very important and they should be done well. She would like to encourage the people who came to speak tonight to take their message to their governor, congressman, and president. She said we can talk about aesthetics in Fort Collins. The rest of it is at a different level then where we are. She appreciates the work done by staff. She thinks we’ve come up with the best practice we can come up with for our city. Member Schmidt said as a part of their recommendation, we can encourage City Council to actively work with the county and the state. She’d like to see them proactive in that area to express the concerns of citizens. She does think the city should have an intergovernmental agreement with the county covering at least any land in the GMA (Growth Management Area). Without it we may be annexing problems we really don’t want to have. Chair Smith said he agrees and that is something they talked about last work session. We’d like to have the county agree to what our definitions of development (with regard to oil and gas) are. Member Carpenter said one of the strongest pieces of this proposal is the local government designee to facilitate communications between City Council and the state. Member Campana wondered why we have an operating agreement as an option. Director Kadrich said as staff looked at what best practices across the Front Range and within the State of Colorado, operator agreement came up as a positive way to deal with oil and gas regulations in some communities. Staff wanted to have it available as one of the tools that they could offer to City Council. She doesn’t recall it Planning & Zoning Board November 1, 2012 Page 14 ever being a part of a LUC process. It would be a direct agreement between the governing body and the operator. Campana said that’s a little confusing in that we’re saying it’s a land use issue and other times it can or cannot be. He thinks it’s a land use concern and it should be LUC. He thinks it’s difficult to make the argument both ways. Member Schmidt asked how neighborhood complaints are handled in an operating agreement scenario. Weinheimer said in Windsor they don’t have any local regulations; it’s all operator agreement. You would complain to the state. Schmidt asked if the agreements are filed with the COGCC. Weinheimer said they are retained at a local level (not filed with the state). It would be a responsibility at the local level to make sure the conditions are put forward on each permit. Once they’re on the permit, as long as the COGCC has enforcement authority, they will enforce the permit. Member Campana asked if the standard review is aligned with state regulations. Eckman said with the standard process review, yes. Campana said his opinion is that there should not be an operator agreement. He recommended we do away with it and have only the standard and expedited review. Chair Smith said he thinks it should be included for Council consideration. Eckman said an operator agreement is an agreement between the city and the operator. It could go beyond what the state requires. Eckman said he thinks many operators feel comfortable with an operator agreement and so that has been an option we have offered. It puts the question before City Council as to whether the operator agreement that was negotiated between the operator and staff is acceptable. It could be more or less stringent than the LUC. Member Carpenter asked if it could be less stringent than the state regulations. Eckman said no, the state regulations will always be followed. Member Schmidt said it could be a mechanism that could be advantageous for the city. She said they should rely on staff to negotiate the best agreement by making sure situations unique to an application are addressed. She said it could be a bigger carrot than the expedited review. Chair Smith said he does have a lot of concerns but he believes the ‘game’ is changing –changing technology that we will be facing as a city and the community. He said we will have a lot of conversations and observations about oil and gas in the State of Colorado going forward. More of his concerns are probably best dealt in areas outside this Board’s purview so he won’t even air those concerns as it would taint what he needs to do here. Smith said at the worksession they discussed the possibility of getting frequent (monthly) updates from staff – how many projects we’ve looked at, how many applicants we’ve talked to, what’s working, what’s not working. If we’re tracking …whatever comes from the City Council side, we would have the ability to keep tabs on it. He said they could visit in worksession what those metrics would be on their ‘dashboard and at what point frequency of reporting could be lessened. Chair Smith said he’d like to make sure the city has a very strong voice with the county and at the State House. He said based on the Board’s very specific purview, that staff has done a good job. They’ve been creative in order to accomplish some community objectives that are sensitive to both what industry wants and to what our community demands. He could probably say yes to both questions posed by staff (Does P&Z recommend the adoption of the proposed standards for oil and gas operations? Does P&Z recommend the adoption of a dual track (Standard vs. Expedited Review for oil and gas operations?) with the caveat that we monitor. Member Schmidt made a motion that the Planning & Zoning Board supports the concept of a dual track in the Land Use Code for evaluating for oil and gas operations. Member Campana seconded the motion. Planning & Zoning Board November 1, 2012 Page 15 Member Stockover thought we’ve firmly put this on the radar for the powers that be and that is a good thing. He’ll be supporting it. Motion was approved 5:0. Member Schmidt made a motion that the Planning and Zoning Board recommendation to City Council encourages working with the county to consider oil drilling as a land development issue within the Growth Management Area (GMA) with the associated referral to the city for their review. Member Campana seconded the motion. Member Campana said he supports it in concept but he doesn’t consider oil and gas exploration a development. Chair Smith said to be real specific we could probably pursue through the existing IGA an amendment or whatever is needed for the county to recognize their definition of oil and development more closely fits ours thus triggering the referral process. Member Schmidt said she doesn’t know how specific we can be because she doesn’t know how open the county will be. She certainly wants the city to explore it but she wanted to give staff the latitude when starting the discussion. Chair Smith said that’s the ‘meat’ of his concern. Member Stockover asked Eckman if we didn’t already have that. If passed as an ordinance, wouldn’t we already have that in our IGA? Eckman said no; it would only apply within city limits. Deputy City Attorney Eckman said we are working to some extent with other municipalities within the county to approach this policy in a uniform fashion. He said to the extent we can get some energy behind that, we could approach the county and ask them to join that effort. Member Schmidt said when we’re looking at the GMA because in theory that is the area the city will eventually annex, she thinks it’s very important that we get review. It would be good to have a referral process. Director Kadrich said the county does not currently have a development review process for oil and gas exploration so the applicant would work with the Colorado Oil and Gas Commission if they want to drill in the county. Kadrich said the county would receive notice from the state that an application has been filed but they do not have a land use code process that applicant would be required to submit. Chair Smith said he thinks that would be equitable and fair (given the process for other development in the county) and he would hope the county would respond specifically and favorably to this request. Deputy City Attorney Eckman said the city defines oil drilling as development so if we can persuade the county that they should agree with us that it is development and if it is development contiguous to the city then under our present Intergovernmental Agreement (IGA) that land should be annexed into the city and the oil operation should be processed through our LUC like any other development would be. Member Schmidt would like to amend her motion to encourage the county to consider oil drilling as a land development within the GMA as land development issue (and it was incorporated above). Member Campana seconded the amendment. Motion was approved 5:0. Member Schmidt said as to staff’s other question about the recommendation to adopt a dual track (standard vs. expedited review for oil and gas operations); she’d like to make a motion. Member Schmidt said since the proposed standards are subject to additional review and changes, the Planning and Zoning Board agrees with the direction of the proposed standards for oil and gas operations and encourages the maintenance of transparency with citizens and the seeking of regulations that are as focused as possible on maintaining the health, safety, and welfare of the citizens. Planning & Zoning Board November 1, 2012 Page 16 Member Stockover said he thought we just need a yes or no to the recommendation. He thinks the motion is too interpretive. Do we recommend the adoption or not? Chair Smith said he agrees with Member Stockover that we recommend the adoption of the proposed standards because they are very clear. If there are specific changes, we might want to say that-- we’d want to modify. Member Schmidt said to say we recommend the adoption of the proposed standards when the proposed standards are going to go through changes as they look at the Black Diamond comments and other pending legal review; that’s like putting a rubber stamp on something she doesn’t even know what it ultimately will be. She wants to encourage the direction that staff is going but their language is subject to change. Member Carpenter seconded the motion. Chair Smith said Member Schmidt made a good point about the recommendation changing a bit. Maybe it just let’s Council know why we didn’t say yes or no. Member Schmidt said we could amend the motion at the beginning, adding “since the proposed standards are subject to additional review and changes, the Planning and Zoning Board recommends…” Director Kadrich asked if the board could be more specific (as the regulations are 40 pages long) in saying if you generally support this type of regulation in the LUC. That would be easier for the board and staff to understand than the more general language if the board said they are 90 or 95% there with this proposed draft. Member Schmidt said speaking for herself if staff were to go along with every bit of Black Diamond’s feedback; she thinks the whole thing would be gutted. Schmidt said she really supports the direction staff has gone so far especially with the two tiered track. It adheres as best we can within the state regulations to making sure we’re looking out for the health and welfare of citizens. She thinks that has been the goal of staff and as the changes go forth, she’d like to staff to keep that in mind. Director Kadrich said maybe she’s worrying too much about what the Planning and Zoning Board means when they made this recommendation. Kadrich said what was just said has made it clearer to her. Member Carpenter said she thinks we agree with what they’ve been given by staff. Chair Smith said provided any changes do not weaken the regulations being proposed, we’d support it. Member Schmidt suggested we change the motion to say “we support the oil and gas regulations as long as any changes made in these final processes do not significantly change or weaken the regulations”. Chair Smith said if the final draft was something, in their opinion, significantly different; we could go to the City Council meeting and read something into the record. Member Stockover said if it was not a formally adopted Board position, we’d have to act as individuals. Member Campana said he likes the original motion. Member Schmidt withdrew her motion. Member Carpenter made a motion that the Planning and Zoning Board recommend to City Council the adoption of the ordinance amending the Land Use Code pertaining to oil and gas exploration and production regulations provided no changes weaken or substantially change the document. Planning & Zoning Board November 1, 2012 Page 17 Member Schmidt asked to make a friendly amendment that the Board recommends the adoption of the ordinance provided no subsequent changes weaken or substantially change the regulations. Carpenter said she accepts the friendly amendment and it was incorporated above. Member Schmidt seconded the motion. Deputy City Attorney Eckman asked if the Board would be allowing staff to make changes that had been suggested regarding public input for the basic process and the neighborhood meeting for the operator agreement. Member Schmidt said yes. She said so long as there are not a lot of changes that would weaken it. Council should know the Board may not have the same level of support if items change too much Motion was approved 5:0. Other Business: None The meeting was adjourned at 10:00 p.m. Laurie Kadrich, CDNS Director Andy Smith, Chair Planning and Zoning Board Special Hearing Minutes November 15, 2012 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:06 p.m. Roll Call: Campana, Carpenter, Hatfield, Schmidt, Smith, and Stockover Excused Absence: Kirkpatrick Staff Present: Kadrich, Eckman, Levingston, Wray, and Sanchez-Sprague Agenda Review CDNS Director Laurie Kadrich reviewed the agenda and noted at work session the board requested Item 3 – Land Use Code Amendments for Multi-Family Housing, Phase 2 and Item 4 – Streetscape Design Standards & Guidelines Update to be moved to the consent agenda. The Planning & Zoning Board 2013 Work Plan would remain under Other Business. Citizen participation: Erik Sutherland, 3520 Golden Currant Boulevard, said he’d like to talk about legislative practices for mandating or dictating business practices as a part of the development review process. Before that he wanted to share a story about Mike Freeman and Josh Birks, who negotiating a payment in lieu of ‘lands’ fee. That was done without an administrative review process as defined in city code. It is a particularly onerous fee in that the fees are used to purchase lands for Poudre School District or Thompson School District. In fact, the fee is rebated back in a pro-rated fashion if the school district determines that amount is not needed. He said he took the item to the school board and they fixed it immediately. Basically they made the system whole. Sutherland said he’s mentioned it several times to City Council and nothing has happened. Sutherland wanted to speak to how the City’s legal department handles concerns from citizens and he’ll illustrate that by talking about a situation that came up with the Campus Crest appeal. Basically, City Council came to an agreement with the developer that pets will be banned from that facility. He said that’s a business practice that takes place long after their certificate of occupancy has been delivered. He said we are basically using our development review process to mandate business practices. If we’re making those agreements, they should be well written. He said the agreement is not well written – it’s completely non-binding and the language is ambiguous. It takes us back to the original problem. Should we be using the development review process to legislate or mandate business practices? He said we have zoning and city code to do that. Planning & Zoning Board November 15, 2012 Page 2 Chair Smith said the consent agenda items consist of items with no known opposition or concern. He asked if the board, staff, or audience wanted to pull any items from the discussion agenda. No one did. Consent Agenda: 1. Minutes from the October 16, 2012 Planning and Zoning Board Hearing 2. 3 Mile Plan Update 3. Land Use Code Amendments for Multi-Family Housing, Phase 2 4. Streetscape Design Standards & Guidelines Update Member Schmidt made a motion the Planning and Zoning Board approve the consent agenda which consists of the minutes from the October 16, 2012 Planning and Zoning Board Hearing, the 3 Mile Plan Update, the Land Use Code Amendments for Multi-Family Housing, Phase 2, and the Streetscape Design Standards & Guidelines Update. Member Hatfield seconded the motion. Member Schmidt said she’d the board discussed all the items pretty extensively at work session.. The motion was approved 6:0. Other Business:  Planning & Zoning Board 2013 Work Plan Chair Smith asked staff what type of formal action is required. Director Kadrich said this is something that will be submitted to the City Clerk for consideration by City Council. Taking a vote would be one option. If no vote it taken, it will be submitted as discussed by the board. Chair Smith asked if there are any items, concerns or questions about the draft memo outlining the 2013 Work Plan. Member Schmidt said in the first paragraph it mentions the Legacy Senior Residences and that was not a project the board reviewed. She said we may want to remove that. Director Kadrich said as she remembers the discussion at work session it was to add a paragraph that had more to do with the type of work that was expected (see last sentence in that paragraph0. She said not all projects listed came to the board but they are related to development in general and the Board believed the trend would continue in 2013. Kadrich said they could amend it to separate Type 1 and Type 2 reviews. Chair Smith said that’s correct, that was the board’s intent. He suggested they remove that one project as all others noted were reviewed by the board. He said he thinks it’s well written otherwise. Member Schmidt she may have erred in not bringing this up at work session. There’s a plan to work with Sarah Burnett, Neighborhood Services and Development Review Liaison, on the public process. Director Kadrich said they tried to outline that in paragraph 3. Member Schmidt said it would be fine as is. Chair Smith said he’d like to have a retreat early 2013 and the work plan may be further tweaked then. Member Schmidt made a motion the Planning and Zoning Board approve the Planning and Zoning Board 2013 Work Plan as outlined in the memo from Chair Andy Smith to City Clerk Wanda Nelson. Member Campana seconded the motion. The motion was approved 6:0. The meeting was adjourned at 6:16 p.m. Planning & Zoning Board November 15, 2012 Page 3 Laurie Kadrich, CDNS Director Andy Smith, Chair PROJECT: Hansen Farm Annexation and Zoning - #ANX120007 APPLICANT: Linda Ripley Ripley Design, Inc. 401 W. Mountain Ave. #100 Fort Collins, CO 80521 OWNER: HCT, LLC. 2725 Rocky Mountain Ave. #200 Loveland, CO 80538 PROJECT DESCRIPTION: The applicant and property owner have submitted a written petition requesting annexation of 69.42 acres into the City located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is primarily vacant with the exception of the farmhouse (single-family dwelling) and some out-buildings. It is in the FA1 – Farming Zone District in Larimer County. The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres) zone districts. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY: This is a 100% voluntary annexation for a property owned by HTC, LLC (McWhinney) and Hansen Farm Annexation and Zoning, #ANX120007 Planning and Zoning Hearing December 20, 2012 2 is located within the Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State statutes. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Willow Springs Subdivision (2002) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. BACKGROUND: The surrounding zoning and land uses are as follows: N: LMN & RL in the City of Fort Collins; Single-family Residential E: LMN in the City of Fort Collins; Single-family Attached & Bacon Elementary School FA1 – Farming in Larimer County; Single-family Residential S: MMN & LMN in the City of Fort Collins; Single-family Residential W: POL & RL in the City of Fort Collins; Single-family Residential & Southridge Golf Course FA1 – Farming in Larimer County; Single-family Residential The annexation initiating resolution was passed by City Council on Nov. 20 and is scheduled for first and second reading on Jan. 15 and Feb. 5 respectively. ANALYSIS: This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, and the City of Fort Collins Land Use Code (Sec. 2.12). The proposed area and acreage for the Neighborhood Commercial (NC) zone has been slightly altered from what exists on the City Structure Plan. (See Maps: Structure Plan and Proposed Zoning.) Each request for an evaluation of a zoning proposal relative to Structure Plan is evaluated on a case-by-case basis by Long Range and Current Planning staff. After meeting with the applicant, the staff team met several times to analyze and evaluate the Hansen Farm Annexation and Zoning request and consider how the proposal related to Structure Plan. Hansen Farm Annexation and Zoning, #ANX120007 Planning and Zoning Hearing December 20, 2012 3 Structure Plan calls for 8.4 acres of Neighborhood Commercial on this property and it was originally intended to be the site of a neighborhood service center with a smaller grocery anchor (i.e. Sprouts Market). A typical neighborhood service center with a traditional sized grocery store (i.e. King Soopers) is 10 – 15 acres. During the development of the Fossil Creek Reservoir Area Plan, staff received input from the Willow Springs neighborhood (to the north and adjacent to the Hansen Farm) expressing concern about the commercial and medium density/mixed-use areas and asking that the LMN area serve as a transition between these more intense areas to the south. The Hansen Farm has several key opportunities/constraints on the property, including the Mail Creek Ditch (along north side); existing tree groves along the north/northwest area of the property; and the existing farm buildings on the site and the existence of these areas was also taken into consideration in evaluating the zoning proposal and its conformance with Structure Plan. Based on the grocery development that has occurred on Harmony Road (King Soopers, Safeway, Sprouts, Super Target), the likelihood of another grocery locating at this site appeared to be diminished. A more logical commercial development at this location would be more in the scale of neighborhood convenience shopping, which is typically 6-10 acres. The proposed zoning request for this annexation is for 6.33 acres of Neighborhood Commercial; 16.69 acres of MMN; and 46.4 acres of LMN. The Neighborhood Commercial area is about two acres smaller than what is shown on the Structure Plan. This area is proposed on the Hansen Farm to be re-configured and located to the south, farther from the Willow Springs neighborhood and the LMN area increased in size. The reduced size of the Neighborhood Commercial area can still provide neighborhood services for the surrounding residential areas at a scale that is more viable, given the Harmony Road development that has occurred. Staff believes the proposed zoning for the Hansen Farm Annexation is consistent with the intent of Structure Plan and is a minor change that would not warrant an amendment to Structure Plan. Zone Districts The following three zone districts are intended to function together in a town-like pattern of development with a commercial core and land use transitions to low-density residential development; providing transit and services within walking distance of a variety of residential housing types. Neighborhood Commercial (NC) – The purpose of this district is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods. Permitted uses include grocery stores, restaurants, retail, gas stations, convenience stores etc… Medium Density Mixed-Use Neighborhood (MMN) – The purpose of this district is to provide concentrated housing within easy walking distance of transit and a commercial Hansen Farm Annexation and Zoning, #ANX120007 Planning and Zoning Hearing December 20, 2012 4 district; and to provide a transition between commercial and lower density residential development. Permitted uses include, but are not limited to, multi-family dwellings, mixed- use dwellings, and townhomes requiring a mix of housing types and a minimum density of 7 dwelling units per acre. Low Density Mixed-Use Neighborhood (LMN) – The purpose of this district is to provide a predominance of low density housing combined with supporting land uses and a variety of housing choices. Permitted uses include, but are not limited to, single-family dwellings, townhomes, and multi-family dwellings requiring a mix of housing types and a minimum density of 3 dwelling units per acre. PUBLIC OUTREACH: A neighborhood meeting was not held for this project because it is not a development proposal, and the project complies with State law and the City of Fort Collins Land Use Code regarding annexations. Future Development In a pre-submittal meeting, the applicant shared plans with staff to develop the Hansen Farm property according to the proposed zoning: commercial land uses in the NC District, multi-family in the MMN District, and single-family and townhomes in the LMN District. Additionally, the applicant intends to incorporate the historic Hansen farmhouse into the development. FINDINGS: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On November 20, 2012, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested zoning, NC – Neighborhood Commercial (6.33 acres), MMN – Hansen Farm Annexation and Zoning, #ANX120007 Planning and Zoning Hearing December 20, 2012 5 Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres), is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning of NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential Neighborhood Sign District Map. ATTACHMENTS: 1. Vicinity Map 2. Structure Plan Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Annexation Petition penter UNION PACIFIC RAILROAD S LEMAY AVE E HARMONY RD E TRILBY RD S TIMBERLINE RD Hansen Farm Vicinity Annexation Map and Zoning Legend City Limits Streets Railroad 0 0.25 0.5 1 Miles Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase I BACON ELEMENTARY E TRILBY RD S TIMBERLINE RD Hansen Farm Structure Annexation Plan and Zoning Legend City Limits Streets Railroad Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Neighborhood Commercial District Open Lands, Parks and Water Corridors Schools 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase I BACON ELEMENTARY RL LMN RL LMN POL UE RL POL MMN POL UE UE LMN UE LMN UNION PACIFIC RAILROAD E TRILBY RD S TIMBERLINE RD Hansen Farm Existing Annexation City Zoning and Zoning Legend City Limits Streets Railroad Schools City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase Zephyr Rd. I RL LMN LMN POL UE POL MMN POL UE UE UE LMN LMN BACON ELEMENTARY UNION PACIFIC RAILROAD E TRILBY RD S TIMBERLINE RD Hansen Proposed Farm Annexation City Zoning and Zoning Legend City Limits Schools Streets Railroad City Zoning ZONE Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase Zephyr Rd. I MMN LMN NC 1 PROJECT: Land Use Code text amendments reinstating the previous regulations that pertained to medical marijuana businesses. APPLICANT: City of Fort Collins PROJECT DESCRIPTION: This is a request for a recommendation to City Council on the proposed Amendments to the City’s Land Use Code to reinstate the regulations that pertained to medical marijuana businesses prior to their repeal in February, 2012. The regulations are necessary to implement the November 6, 2012 voter-approved ordinance which repealed the ban on such businesses. RECOMMENDATION: Approval EXECUTIVE SUMMARY: On February 21, 2012, the City Council adopted Ordinance No. 010, 2012 which deleted all references in the Land Use Code (LUC) to medical marijuana businesses. That ordinance was adopted in response to the approval of a citizen-initiated ordinance passed by the voters of Fort Collins on November 1, 2011. The effect of Ordinance No. 010, 2012 was to not allow medical marijuana businesses in any zone district within the city limits. On November 6, 2012, the voters of the city approved a citizen-initiated ordinance reinstating medical marijuana businesses within the city limits. In order to implement this voter-approved ordinance, it is necessary to put the previous references to such businesses back into the Land Use Code, thereby once again allowing the businesses in certain zone districts. The City Council voted to adopt the proposed Land Use Code text amendments on 1st Reading on December 4, 2012. The Planning & Zoning Board is required to provide a recommendation to City Council prior to Council’s consideration of the ordinance on 2nd Reading, which is scheduled for January 15, 2012. BACKGROUND: Marijuana businesses that were allowed in the city prior to adoption of Ordinance No. 010, 2012 earlier this year consisted of ‘medical marijuana centers’ (aka dispensaries), ‘medical marijuana- 2 infused products manufacturers’, and ‘medical marijuana optional premises cultivation operations’. With the passage of the citizen-initiated ordinance on November 6, 2012, it’s necessary to amend the LUC to once again allow these uses. Staff believes that the previous regulations governing the zone districts in which medical marijuana businesses were allowed and not allowed were adequate and should be reinstated. Medical marijuana centers were previously allowed in the following zones: D, RDR, CC, CCN, CCR, CG, and the CS. Medical marijuana-infused products manufacturers and medical marijuana optional premises cultivation operations were allowed in the following zones: RDR, CCN, CS, CL (non-Riverside areas only), and the I. In addition to allowing medical marijuana businesses in the above-referenced zones, the previous regulations prohibited such uses from being conducted as a home occupation and prohibited them from being allowed under the ‘addition of permitted use’ process. These prohibitions are recommended to be put back in force and are included in this ordinance. PROPOSED AMENDMENTS:  Add medical marijuana centers (aka dispensaries) to the list of permitted uses in D, RDR, CC, CCN, CCR, CG, and the CS zones.  Add medical marijuana-infused products manufacturers and medical marijuana optional premises cultivation operations to the RDR, CCN, CS, CL (non- Riverside area), and the I zones.  Prohibit medical marijuana businesses from being conducted as a home occupation.  Prohibit medical marijuana businesses from being allowed under the ‘addition of permitted use’ process. RECOMMENDATION: Staff recommends approval of the proposed Land Use Code Amendments. The proposed ordinance simply puts back in place the regulations that pertained to medical marijuana businesses prior to their repeal. PROJECT Discount Tire at North College Marketplace, Lot 7 Addition of Permitted Use and Project Development Plan, PDP120024 APPLICANT Kimley-Horn & Associates 990 South Broadway, Suite 200 Denver, CO 80209 OWNER 1908 North College, LLC PROJECT DESCRIPTION This is a request for a retail store with vehicle servicing on a 1.19 acre site located approximately at the northeast corner of North College Avenue and East Willox Lane. The project is within the North College Marketplace shopping center, with approximately 220 feet of frontage along North College Avenue. The proposed building will be one story, 33 feet in maximum height, and will contain approximately 6,947 square feet. The property is zoned C-C-N, Community Commercial – North College District. Because the proposed use, Retail Store with Vehicle Servicing, is not permitted in the zone district an Addition of Permitted Use is required and is requested in conjunction with the Project Development Plan. RECOMMENDATION Approval with Condition EXECUTIVE SUMMARY The request for an Addition of Permitted Use (APU) has been evaluated and been found to be in compliance with Section 1.3.4 with one condition (see page 13). The APU is proposed in conjunction with a Project Development Plan (PDP), which generally complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically:  The process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration;  Relevant standards located in Article 3 – General Development Standards and; Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 2 2  Relevant standards located in Division 4.19, Community Commercial – North College District (C-C-N) of Article 4 – Districts. COMMENTS 1. Background The surrounding zoning and land uses are as follows: N: C-C-N; Lot 6 of North College Marketplace: vacant parcel; S: C-C-N; sit-down restaurant; E: C-C-N; King Soopers grocery store, retail, restaurant, shops; W: C-S; commercial - existing hotel, convenience retail. The North College Marketplace property was annexed in pieces as part of the North College Avenue Annexation in December, 1959; as the Nauta North College Annexation in April, 1965; and as the East Willox Lane First Annexation in July, 1975. Zoning History (most recent to past):  The property is currently located in the Community Commercial – North College District (CCN). The current CCN District was adopted in 1995 and was revised to include supermarkets in 2002 and more recently, to include large retail establishments in 2007.  Prior to the adoption of the Land Use Code and the rezoning to a CCN District, the property was zoned Business Center (BC). Note, the BC zone was essentially renamed to the CCN District because there is little distinction between the permitted uses.  Prior to the BC zoning it was zoned Highway (HB) and Limited Industrial (IL) as recent as 1995.  In 1976 the property was zoned HB and MM for medium density mobile home, but it is unclear when it was rezoned from MM to IL. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 3 3 The Planning and Zoning Board, on August 21, 2008, approved a request for the Addition of Permitted Uses, being Drive-in Restaurants and Gasoline Stations, per Section 1.3.4 of the LUC. The Planning and Zoning Board, on January 15, 2009, approved the North College Marketplace, Overall Development Plan. The Planning and Zoning Board, on April 16, 2009, approved requests for modifications of standards set forth in Section 3.2.2(L) Parking Stall Dimensions and Section 3.5.3(B) Relationships of Buildings to Streets, Walkways, and Parking, Subsection 3.5.3(B)(1) Orientation to a Connecting Walkway. 2. Addition of Permitted Use, Applicable Criteria: Sections 1.3.4(A) and (B) contain seven criteria by which to review the requests for an Addition of Permitted Use. The review criteria are as follows:  Such use is appropriate in the zone district to which it is added;  Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added;  Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added;  Such use is compatible with the other listed permitted uses in the zone district to which it is added;  Compliance with Section 3.5.1 (Compatible with Surrounding Area);  Would not be detrimental to the public good;  Not specifically listed as a “Prohibited Use.” Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 4 4 3. Evaluation of Petition for Addition of Permitted Use: Applicant’s APU Request Applicant is requesting that Retail Stores with Vehicle Servicing be allowed in the C-C-N zone district, but only for this specific Project Development Plan. The applicant is not requesting that the addition of Retail Stores with Vehicle Servicing as a permitted use be considered for a text amendment to the Land Use Code that would add this to the list of permitted uses for all C-C-N zoned property. Applicant’s Petition for Addition of Permitted Use: (See Page 12 for Staff Comments) The following petition was provided by the applicant and includes an accurate background of the land use history of North College Marketplace: History: Recognizing the need to revitalize and promote economic investment in the long- neglected North College Avenue Corridor, the City’s Advance Planning Department coordinated a public outreach/planning process among stakeholders that resulted in the adoption of The North College Avenue Corridor Plan in March, 1995. One of the recommendations of the plan was rezoning of several parcels into new zone districts, including the rezoning of the undeveloped property now known as North College Marketplace and one other large undeveloped tract east of North College Avenue and bounded by Conifer, Vine and Redwood into the B-C Business Center District, which was accomplished later in 1995. The stated intent of the B-C zone was to provide a transition and a link to the surrounding residential areas with moderate-scale, moderate- intensity mixed uses with pedestrian characteristics like the transitional areas downtown. Although there is nothing in The North College Corridor Plan regarding a proliferation of vehicle or auto related uses, nor is there any policy directed at limiting such uses in these areas in the future, the new B-C zone did not list such uses among those that are permitted. Another new adopted zone district (the H-C Highway Commercial District), however, which encompassed all of the existing developed areas of the corridor adjacent to North College Avenue, specifically limits automobile sales and rental uses to a small percentage (10%) of the entire linear frontage between Vine and the north end of the corridor. With the adoption of City Plan and the accompanying City-wide comprehensive rezoning in 1997, the B-C zone was renamed as the C-C-N Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 5 5 zone district and the H-C zone was renamed as the C-N zone district. At that time, the site remained undeveloped. Interest in development opportunities for this property began to emerge in the late 1990’s. A prior owner, recognizing that it would take a great deal of money either from a large national developer, like a supermarket chain, or through urban renewal assistance, or both, to make the significant amount of infrastructure improvements necessary for development of the site, requested in 2002 that supermarkets be added as a permitted use in the C-C-N zone. Pursuant to the Land Use Code provisions in effect at the time, there was no opportunity to add the use to a specific property or area of the zone, therefore, adding the use would have resulted in it being permitted in all C- C-N zoned areas. Such an addition was supported by business owners and residents of the area as a potential catalyst for development of the site and redevelopment of property in the vicinity; the City Council approved the addition of the supermarket use in the C-C-N zone and, thereafter, in 2003, increased the minimum size of a supermarket to 45,001 square feet. In 2004, the Urban Renewal Authority approved the North College Urban Renewal Plan citing the need to encourage redevelopment and infill development in the corridor where it would be beneficial to existing residents and businesses and provide stimulus for redevelopment. After extensive community outreach, the City adopted an update to the North College Corridor Plan in 2007 in response to changes, new information and issues that had been emerging over the years. The commitment to revitalization of the area remained strong in the update, with the focus being on promoting growth, economic development and infrastructure improvement while protecting the area’s distinct character and improving its overall identity and appearance. In this update, it is specifically noted that certain vehicle-related uses (in particular, used-car and truck sales) had created negative effects on the area’s image, identity, investment and values and spin-off activities, and that such impacts had resulted in limits being placed on those uses after the original corridor plan. The update also recognized that the concern about the proliferation of other vehicle related uses was less pronounced and it emphasized that such uses could remain and contribute positively to the corridor: Vehicle-related uses are expected to remain a prominent part of the North College economy and market for some time, even as the city and its market continue to evolve around the corridor. There is general agreement that vehicle- related uses can fit into a more mixed commercial district, along with more active, Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 6 6 attractive, and valuable urban uses, using design and public improvements. (See North College Corridor Plan, page 19) It is also noted in Policy LU 1.1 of the plan that “high multiplier” uses, like retail sales, create opportunities for economic activity and synergy with surrounding uses, and that zoning in the North College Avenue Corridor should continue to allow for a very broad mix of uses and businesses that are realistic for market conditions. Thereafter, in 2008, City staff initiated a rezoning of the property from C-C-N to the Commercial-North College District (C-N) to expand the range of commercial uses, particularly more auto-related uses, consistent with the rest of the North College Avenue corridor, completing a shift toward a more realistic and appropriate zoning for the property. Staff argued that making a wider range of uses available was needed to make development feasible, since the use limitations of C-C-N zone coupled with the costs and constraints of the site made development prohibitive. Staff specifically stated that supermarket shopping centers are highly capitalized uses which could overcome the costs and constraints of this site, and that a supermarket anchor was likely to require certain associated uses, like gas stations and/or drive-through restaurants – all of which would be permitted under the C-N zoning designation – resulting in the achievement of numerous goals for infrastructure improvements and economic revitalization of the corridor. Although convinced of the need to spur development, the Planning and Zoning Board did not approve the rezoning, stating that the more appropriate avenue for change was the addition of a permitted use process in which they could do a full review the exact development proposal for compatibility. Shortly thereafter in 2008, the North College Marketplace developer presented to the City Council its conceptual plan for a supermarket-anchored shopping center including a 123,000 square foot supermarket, attached in-line shops and outlying pad sites for a gas station, bank, restaurants and retail shops. The developer also, in line with the direction of the Planning and Zoning Board, submitted a request for the addition of gas stations and drive-in restaurants to the C-C-N zone for this specific site. The APU request was approved. With the approval of the subsequent development plan applications and the construction of the King Soopers supermarket, bank, gas station and retail shops on the property, North College Marketplace now operates as a successful shopping center development that generates property tax increment for the benefit of the North College Corridor and continues to draw interest from businesses desiring to locate there. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 7 7 The vision for the property originally conceived with the B-C zoning in 1995 has not come to fruition due to the overwhelming infrastructure requirements and the market demand for a traditional neighborhood shopping center with typical supporting uses at this location. Notwithstanding the foregoing, the project has been developed consistent with the goals of the North College Corridor Plan and the North College Urban Renewal Plan. Additionally, it’s important to note that of the uses developed on the site to date, approximately 80% of the constructed square footage were not originally permitted uses in the C-C-N zone but such uses were instead approved pursuant to subsequent amendments to the C-C-N zone or through the APU process. What is important, given this, is not that the remainder of the pad sites in the North College Marketplace fit squarely into the list of permitted uses for the C-C-N zone, but rather that each use has been and can be individually evaluated and conditioned with the key concepts of the North College Corridor Plan including the quality of materials, design, landscaping, architecture, orientation, days and hours of operation, and the compatibility requirements embedded in the APU process. Applicant’s Justification Criteria for the APU Request: The following are relevant justification descriptions that are provided by the applicant: (1) Such use is appropriate in the zone district to which it is added; Considering the evolution of the North College corridor and this site in particular since the adoption of the North College Corridor Plan and the North College Urban Renewal Plan, and given that this site is currently developed as a traditional neighborhood shopping center with typical supporting uses, the Discount Tire shop use is appropriate for this property in this zone district. Discount Tire is a moderate intensity use, and constructs a superior quality facility consistent with the intent of the C-C-N zone and the intensity of other uses permitted in the zone, providing retail tire sales and installation without the uses that are typically considered to be more intense: fuel sales, auto body repair, oil changes and repairs. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments, the use will help create a transition and link between Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 8 8 this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; Discount Tire offers retail sales of tires and installation, but does not provide fuel sales, auto body repair, oil changes and mechanical repairs and, therefore, does not create any more offensive or objectionable influences or any more adverse impacts, environmental or otherwise, than the amount of impact that would normally result from other permitted uses in the C-C-N zone. Because tire installation occurs within the service bays utilizing standard equipment with mufflers to reduce sound levels, impacts on adjoining properties are considered to be at “normal” to “comfort” levels typically comparable with individuals talking from 3 feet apart (reference the Acoustical Study submitted within the PDP Application). There is no heat, smoke, odor, glare or other objectionable impacts that result from the use. Because no fuel sales, auto body repairs, oil changes or mechanical repairs will occur at Discount Tire and tires are stored within the limits of the proposed building, there are no environmental impacts associated with the use. Entrances and exits from the Discount Tire pad site and traffic circulation patterns within the North College Marketplace ensure that traffic hazards are minimized, and the amount of daily traffic generated by the Discount Tire use is consistent with other traditional shopping center uses and other permitted uses in the C-C-N zone. (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; A Discount Tire shop is compatible with the other permitted uses in the C-C-N zoning district and those uses which have been added to the zone for this site and are commonly found in similar grocery anchored shopping centers. All such uses provide to the North Fort Collins residents that are in demand in a conveniently located and efficiently operated shopping center. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 9 9 (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; The use requested is not a medical marijuana dispensary or cultivation facility. (B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. The addition of retail stores with vehicle servicing on this specific site would not be detrimental to the public good. Potential negative impacts to the neighborhoods in the vicinity are mitigated by the carefully designed site/building layout and orientation, the quality architecture and landscaping. The PDP complies with the compatibility and transition standards contained in Section 3.5.1 of the Land Use Code as follows: 3.5.1 (B) Architectural Character. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1 (C) Building Size, Height, Bulk, Mass, Scale. The proposed building is similar in size and height to the buildings on other pad sites within the North College Marketplace. To further mitigate any potential concerns about the bulk, mass or scale of the building, the architecture has been designed to include building projections, varying roof lines, building façade articulation and varying overhangs to achieve the architectural intent, massing and scale approved with the overall development plan. 3.5.1 (D) Privacy Consideration. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 10 10 The service bays face interior to the development; therefore, minimizing exposure to North College Avenue and surrounding developments. The Applicant has worked with City Staff to develop a landscape planting plan utilizing perimeter and internal landscaping to provide a visual buffer from adjacent developments. In addition, the King Soopers building serves as a visual and sound barrier between the adjacent neighborhoods and the Discount Tire building. 3.5.1 (E) Building Materials. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1(F) Building Color. The Discount Tire building will consist of varying shades of tan, beige, gray, white and champagne which have been developed to compliment and unify the different buildings within the North College Marketplace. Please reference the architectural elevations submitted within the PDP application. 3.5.1(G) Building Height Review. The building does not exceed 40 feet in height. 3.5.1 (H) Land Use Transition. The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments and help create a transition and link between this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. 3.5.1 (I) Outdoor Storage Area / Mechanical Equipment New as well as used tire storage will occur within the limits of the building. No outside storage of new or used tires occurs on the premises. Trash collection will occur within enclosed trash enclosures which maintain the required distances from public roadways. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 11 11 (1) Areas of loading/unloading and storage have been integrated within the architecture of the proposed building and/or provided internal to the building. At the request of City Staff, a masonry screen wall is proposed to screen the electrical and gas entry along the west elevation from public view. Perimeter and interior landscaping have been designed to provide a visual buffer from adjacent developments. (2) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. As previously outlined a masonry screen wall is proposed along the western elevation to limit visual appearance of the electric and gas service entry. Additional conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (3) Conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (4) There will be no temporary or seasonal outside storage. (5) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. (6) No satellite dishes greater than two (2) meter are proposed with this project. 3.5.1 (J) Operational / Physical Compatibility Standards. The PDP for the Discount Tire use incorporates a number of features that will serve to ensure compatibility with the existing neighborhoods and uses. (1) Standard hours of operation and delivery are consistent with other businesses in the North College Marketplace and vicinity. (2) The service bays open to the interior of the project, instead of toward North College Avenue, to protect the views of vehicles, bicycles and pedestrians. Noise from the activities within the service bays will travel toward the interior of the shopping center, but dissipates to an acceptable dBa within the site, so that no objectionable noise travels offsite. See the Acoustical Study for Discount Tire Company prepared by Robert A. Larabell and Kimley-Horn and Associates, Inc. submitted with the PDP application. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 12 12 (3) Trash receptacles are located in accordance with the Land Use Code requirements. (4) Delivery and loading zones are located on interior of the site, where there is ample buffering to North College Avenue and neighboring residents provided by other buildings, landscaping and distance. (5) The intensity and hours of the site lighting is in accordance with the Land Use Code requirements. (6) No outside vending machines are currently proposed with the project. (7) The number and location of off-street parking spaces proposed is in compliance with the Land Use Code. The request for addition of retail stores with vehicle servicing to the C-C-N zone district is specific to the site of the proposed PDP. The Applicant does not desire that the addition of this use be considered for a text amendment to the C-C-N zone. Such use is not specifically listed as a “Prohibited Use” in the C-C-N zone district. Retail stores with vehicle servicing is not listed as a prohibited use in the C-C-N zone district. See Section 4.19(C) of the Land Use Code. (C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (A) above, such use shall be promptly considered for an amendment to the text of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (A) above. The addition of such use is specific to the proposed site. The Applicant reiterates that the request for retail stores with vehicle servicing to be added as a permitted use to the C-C-N zone district is specifically for the proposed site and subject of the PDP Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 13 13 submittal. The Applicant does not request consideration for a text amendment to the Land Use Code to permanently add the use to the C-C-N zone district. (D) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use Code, to ensure consistency with City Plan and its adopted components and associated sub-area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. The Applicant is willing to condition approval of this request for the addition of a use with compliance of its PDP submittal to ensure compatibility and consistency with the Land Use Code, City Plan and the North College Corridor Plan, and to prevent or minimize potential adverse impacts upon the public and neighborhoods in the vicinity. 4. Staff Evaluation of Addition of Permitted Use: Staff finds that the project meets all required APU criteria in Section 1.3.4 (A) and (B), with the condition that additional acoustical mitigation measures are provided that demonstrate compliance with Article II Section 20-21 of the Municipal Code that addresses permissible noise levels. Upon the satisfaction of this condition, the proposal ensures that the physical and operational characteristics of the proposed building and use are compatible and appropriate when considered within the context of the surrounding area. The site plan layout and plan components are designed in a manner that addresses the criteria by emphasizing the retail aspect of the use, while minimizing the potential impacts associated with the added use in the following ways:  The building is positioned to define and enhance the character of the North College Avenue streetscape and to conceal the service bay doors from the street.  The architectural detail, massing and material selections are appropriate and set an enhanced standard for future redevelopment.  The low water use plant palette features newer selections that are attractive and at the forefront of style, function and dependability – as opposed to plant selections that are overused in the industry – thus setting an enhanced standard for future redevelopment. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 14 14  Enhanced landscaping that exceeds the minimum required standards is positioned to soften and buffer views of the service bay doors from adjacent uses. An acoustical study was submitted by the applicant which demonstrates that noise levels at the nearest property boundary to the south would be at an approximately 62 dB(A) level. The maximum level permitted under the Fort Collins Municipal Code, Chapter 20, Article 2, Noise, is 60 dB(A) from 7 a.m. to 8:00 p.m. At 62 dB(A) the noise level at the nearest property boundary is considered comparable with hearing a normal speaking voice at distance of 3 feet, and this level is comparable to what could be expected with other permitted uses in the C-C-N zone district. However, the maximum noise level does not meet the Municipal Code requirement of 60 dB(A). Because 60 dB(A) is the established maximum level for the C-C-N zone district, staff is recommending that as a condition of approval, additional acoustical mitigation measures are provided that demonstrate compliance with the requirements. Staff recommends that additional acoustical mitigation measures can be addressed in the following way as a Condition of Approval:  The applicant shall provide an updated acoustical study by a qualified consultant that demonstrates a maximum level of 60 dB(A) is maintained in conformance with all requirements of the Fort Collins Municipal Code, Chapter 20, Article 2, Noise. If warranted to achieve compliance, a decorative masonry sound wall shall be constructed within the property adjacent to the southern property boundary. The masonry wall shall be in conformance with all applicable Land Use Code General Development Standards. 5. Compliance with Division 4.19 of the LUC – Community Commercial –North College District The proposed Discount Tire Project Development Plan is permitted in the C-C-N Zoning District subject to an Addition of Permitted Use. The PDP meets the applicable Development Standards, more specifically: 1. Section 4.19(E) Development Standards. All development in the C-C-N Community Commercial District shall also comply with the standards Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 15 15 contained in the Standards and Guidelines for the North College Avenue Corridor as adopted by the City, to the extent that such standards and guidelines apply to the property to be developed.  While the North College Corridor Plan does not have specific standards or guidelines, goals and policies are stated that relate to the project. The project is in compliance with the following NCCP policies: o Community Appearance and Design, Goal 2 - Build up a distinct image and city character in evolving places along the corridor; o Community Appearance and Design, Goal 2.1 - Architecture will be the primary, most visible means of achieving Goal 2; o Community Appearance and Design, Goal 2.2 - Character will be contemporary semi-industrial, combined with familiar, traditional Old Town and Hispanic-derived character. Durable, simple, authentic materials and design will be prevalent; o Other characteristics that are described that the Discount Tire project is consistent with include:  The architectural design features brick accents and brick entrance features;  the use of glass, deep protrusions and recesses, juxtaposed forms, awnings, and a mixed color palette;  the use of materials and colors to emphasize massing and forms, and;  clerestories and other significant, functional roof forms to add height and interest to one-story buildings. 6. Compliance with Article 3 of the LUC – General Development Standards The North College Marketplace Discount Tire store complies with all applicable General Development Standards; relevant standards are listed specifically as follows: A. Section 3.2.1, Landscaping and Tree Protection Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 16 16 1. Parking lot landscaping is planted in excess of the minimum tree planting requirements, with additional shade trees added to the east in order to soften and screen the view of the Discount Tire service bay doors; 2. “Full Tree Stocking” is provided along all high use and high visibility areas of the development, with the permitted adjustment of some locations and spacing on the east side of the building to support the use and circulation pattern of the project; 3. The project has adequate spacing of trees along the sidewalk at the north portion of the project; 4. The parking lot perimeter has been planted with a combination of trees and shrubs that provide a significant screen and appropriate transition between the project, the existing restaurant to the south, and the existing grocery store to the east; 5. The trash enclosure will be constructed of textured concrete block to match the building’s exterior and extensive plant material is provided to the south and west of the building to provide screening and buffering that exceeds the minimum requirements. B. Section 3.2.2, Access, Circulation and Parking 1. The development proposal satisfies the parking allowances for non- residential uses as set forth in Section 3.2.2(K)(2) of the LUC. There will be 45 parking spaces on the site, including two handicapped spaces. Nine of the 45 spaces are existing spaces located to the north along the private access drive into the shopping center, and are parking spaces that are intended to be shared within the required maximum parking number of the overall shopping center. C. Section 3.2.4, Site Lighting 1. A photometric plan was submitted as part of the initial project development plan submittal. As proposed, the project complies with Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 17 17 the minimum lighting requirements. Parking lot lighting will feature down-directional and sharp cut-off fixtures. D. Section 3.5.3, Mixed-Use, Institutional and Commercial Buildings 1. The building is oriented towards the street in conformance with the “build-to” line requirement; 2. The building form features the required variation in massing, wall articulation, and changes in mass related to the building entrances; 3. Entrances are clearly identified and articulated with awnings as a sheltering element; 4. All facades are subdivided and proportioned using features such as false windows, architectural columns, integrally colored masonry, changes in texture and material, and significant cornice treatments. E. Section 3.6.4, Transportation Level of Service Requirements 1. The transportation requirements have been reviewed and evaluated by the Traffic Operations and Transportation Planning Departments. The project provides vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards. NEIGHBORHOOD MEETING A neighborhood meeting was required as part of the Addition of Permitted Use, Type II review. Notification was sent to property owners as required and was also distributed to members of the North Fort Collins Business Association. The meeting was held on Wednesday September 5th, 2012. Attendance was low, with one citizen in attendance. No concerns or objections were expressed at the meeting. FINDINGS OF FACT/CONCLUSIONS After reviewing the Discount Tire at North College Marketplace, Project Development Plan, staff makes the following findings of fact and conclusions. Discount Tire at North College Marketplace APU and PDP, PDP120024 Planning & Zoning Board December 20, 2012 Page 18 18 Subject to compliance with one recommended condition of approval; 1. The proposed project has been evaluated and been found to be in compliance with all applicable criteria in Section 1.3.4. Addition of Permitted Use (APU); 2. The Project Development Plan complies with applicable General Development Standards contained in Article 3 of the Land Use Code and; 3. The Project Development Plan complies with applicable district standards located in Division 4.19 Community Commercial – North College District (C-C-N) of Article 4 – Districts. RECOMMENDATION Staff recommends approval of the Discount Tire at North College Marketplace, Lot 7 Addition of Permitted Use and Project Development Plan, PDP120024 with the following condition: The applicant shall provide an updated acoustical study by a qualified consultant that demonstrates a maximum level of 60 dB(A) is maintained in conformance with all requirements of the Fort Collins Municipal Code, Chapter 20, Article 2, Noise. If warranted to achieve compliance, a decorative masonry sound wall shall be constructed within the property adjacent to the southern property boundary. The masonry wall shall be in conformance with all applicable Land Use Code General Development Standards. ATTACHMENTS 1. Proposed Site Plan 2. Proposed Landscape Plan 3. Proposed Architectural Elevations 4. Proposed Lighting Plan 5. Acoustical Study for Discount Tire Company 6. Petition for Addition of Permitted Use 7. Statement of Planning Objectives 8. Neighborhood Meeting Notification Letter „ Suite 200 990 South Broadway Denver, Colorado 80209 „ TEL 303 228 2300 December 12th, 2012 Mr. Jason Holland City of Fort Collins Planning Department 281 North College Avenue Fort Collins, Colorado 80522 Re: Discount Tire at North College Marketplace Project Development Plan / Addition of a Permitted Use Submittal Documents Dear Mr. Holland, The following items have been submitted to the City for review in connection with the Addition of a Permitted Use (APU) and Project Development Plan (PDP). We request, therefore, that all of the items be entered into the record of the Planning and Zoning Board hearing scheduled for December 20, 2012. Concept Review Submittal – February 21st, 2012 1. Conceptual Review Application 2. Concept Site Plan 3. Concept Architecture (Submitted in the Concept Review) 4. Concept Landscape (Submitted in the Concept Review) Concept Review Site Plan Alternatives – March 5th, 2012 (Via Email) 1. Site Plan Alternative 1 2. Site Plan Alternative 2 Concept Review Site, Architecture and Landscape Package – July 6th, 2012 (Via Email) 1. Concept Review Comment Response Letter 2. City of Fort Collins Concept Plans 3. Applicant Concept Plans Initial APU / PDP Submittal – September 19th, 2012 1. Development Review Application 2. Transportation Development Review Fee Application 3. Development Review Fees (Check Number 050056668 - $9,563.75) 4. Statement of Planning Objectives Letter 5. Hazardous Materials Statement Letter 6. Concept Review Comment Response Letter 7. Petition for an Addition of a Permitted Use Letter 8. Affected Homeowner Distribution Labels 9. Project Legal Description 10. PDP Checklist 11. PDP Routing Sheet 12. PDP Site Plan 13. PDP Landscape Plan 14. PDP Architectural Elevations 15. PDP Lighting Plan 16. Preliminary Utility Plan Checklist 17. Preliminary Utility Plans 18. Drainage Compliance Letter 19. Discount Tire Acoustical Study 20. Traffic Impact Analysis Statement Letter 21. North College Marketplace Plat 22. North College Marketplace Lot Line Adjustment 23. North College Marketplace Geotechnical Engineering Study APU / PDP Re-Submittal – October 24th, 2012 1. Comment Response Letter 2. PDP Site Plan 3. PDP Landscape Plan 4. PDP Architectural Elevations 5. PDP Lighting Plan 6. Preliminary Utility Plans 7. North College Marketplace Plat 8. North College Marketplace Lot Line Adjustment 9. Drainage Compliance Letter APU / PDP Re-Submittal – November 29th, 2012 (Via Email) 1. PDP Site Plan 2. PDP Landscape Plan 3. PDP Architectural Elevations 4. PDP Lighting Plan 5. Preliminary Utility Plans APU / PDP Re-Submittal – December 4th, 2012 1. PDP Landscape Plan APU / PDP Re-Submittal – December 6th, 2012 (Via Email) 1. Acoustical Study Update Thank you for your consideration in this request. Should you have any questions, please feel free to contact me at 303.228.2300. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Gabriel Krell THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. 1830 NORTH COLLEGE AVENUE FORT COLLINS, CO - 80524 SITE PLAN 1 of 1 PROJECT DEVELOPMENT PLAN DISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE R CONCEPTUAL 1ST FLOOR PLAN CONCEPTUAL MEZZ. FLOOR PLAN CONCEPTUAL FLOOR PLANS A.1 JOB # A.120332 1830 North College Ave FORT COLLINS, CO 80524 THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE & ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER CONSIDERATION THAN THE AGREEMENT AND CONDITION THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS, PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE OF THE FOREGOING CONDITIONS. Date: 11.30.12 Sheet No. FINISH LEGEND CONCEPTUAL ELEVATIONS A.2 JOB # A.120332 1830 North College Ave FORT COLLINS, CO 80524 THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE & ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER CONSIDERATION THAN THE AGREEMENT AND CONDITION THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS, PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE OF THE FOREGOING CONDITIONS. Date: 11.30.12 Sheet No. NOTE: SIGNAGE SHOWN ARE CONCEPTUAL AND WILL BE REVIEWED AND APPROVED UNDER SEPARATE PERMIT. ENLARGEDSHOWROOM FLOOR PLAN CONCEPTUAL SECTIONS A.4 A SECTION THRU BRICK COLUMN B SECTION THRU BRICK WINDOW JOB # A.120332 1830 North College Ave FORT COLLINS, CO 80524 THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE & ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER CONSIDERATION THAN THE AGREEMENT AND CONDITION THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS, PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE OF THE FOREGOING CONDITIONS. Date: 11.30.12 Sheet No. PRIVATE DRIVE NORTH COLLEGE AVENUE 6,947 SF FF = 4,986.25 1-SSC 3-PBS 3-BRJ 8-BLA 1-SSC 2-PBS 3-BRJ 3-BLA 6-SSG 1-CCP PARKING LOT BOUNDARY 2-PBS 12-BLA 3-MWB 3-MWB 12-FRG 1-BJF 6-LBG 5-BLA 3-IDOL 5-GSP 5-SSG 9-RMG 5-SSG 5-GSP 1-TCH 7-IDO 6-SSG 2-COL 5-GSP 3-CTN 1-BSP PROPERTY LINE THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. 1830 N. COLLEGE AVE FORT COLLINS, CO-80524 rp root partnership planning + landscape architecture PROJECT DEVELOPMENT PLAN DISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE LANDSCAPE PLAN THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. 1830 N. COLLEGE AVE planning + landscape architecture FORT COLLINS, CO-80524 PROJECT DEVELOPMENT PLAN DISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE LANDSCAPE COVER LS-01 1. THE CONTRACTOR SHALL FOLLOW THE LANDSCAPE PLAN AS CLOSELY AS POSSIBLE. ANY DISCREPANCY IN THE PLAN VS. THE FIELD CONDITIONS SHALL BE REPORTED TO THE OWNERS REPRESENTATIVE IMMEDIATELY. 2. NOTIFY THE OWNERS REPRESENTATIVE FOR INSPECTION AND APPROVAL OF LANDSCAPE MATERIAL AND IRRIGATION PRODUCTS PRIOR TO INSTALLATION. 3. THE CONTRACTOR SHALL WARRANTY THE PLANT MATERIAL, WORKMANSHIP, AND THE IRRIGATION SYSTEM FOR A PERIOD OF ONE YEAR(S). 4. SHRUB BEDS ARE TO BE CONTAINED BY 1/8" X 4" INTERLOCKING TYPE STEEL EDGER. (RYERSON OR APPROVED EQUAL). EDGER IS NOT TO BE INSTALLED WHEN BED IS ADJACENT TO CURBS, WALLS, OR WALKS. 5. ALL SHRUB BEDS ARE TO BE MULCHED WITH 1 1/2" TAN WASHED LOCAL RIVER ROCK AS SUPPLIED BY PIONEER SAND AND GRAVEL. ALL SHRUB BEDS TO RECIEVE ROCK MULCH TO A DEPTH OF 3" OVER LANDSCAPE FILTER FABRIC. 6. ALL TREES ARE TO BE STAKED AND GUYED PER DETAILS FOR A PERIOD OF ONE YEAR. CONTRACTOR SHALL REMOVE ALL STAKING AND GUYING, PRIOR TO THE FINAL WALK THROUGH, OR AT THE OWNER'S REQUEST. 7. DO NOT DISTURB EXISTING PAVING, LIGHTING, LANDSCAPE, OR IRRIGATION THAT EXISTS ADJACENT TO THE SITE UNLESS OTHERWISE NOTED ON PLANS. CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE CAUSED TO EXISTING SITE CONDITIONS. 8. CALL UTILITY LOCATORS PRIOR TO ANY CONSTRUCTION. CONTRACTOR IS RESPONSIBLE FOR THE COST TO REPAIR ANY UTILITIES DAMAGED DUE TO HIS CONSTRUCTION ACTIVITIES. 9. TREES SHALL NOT BE LOCATED IN DRAINAGE SWALES, DRAINAGE AREAS, UTILITY EASEMENTS, OR WITHIN 10' OF STORM SEWER LINES. CONTACT THE OWNERS REPRESENTATIVE FOR RELOCATION OF PLANTS IN QUESTIONABLE AREAS. 10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REPAIR OF ANY OF THEIR TRENCHES OR EXCAVATIONS THAT SETTLE. 11. CONTRACTOR SHALL REMOVE ALL SEDIMENT, MUD, AND CONSTRUCTION DEBRIS THAT ACCUMULATES OUTSIDE OF LANDSCAPE AREAS AS A RESULT OF THEIR OPERATIONS. CONTRACTOR MUST ADHERE TO EROSION CONTROL MEASURES ON THE SITE. ANY ADVERSE CONDITIONS CAUSED BY THE CONTRACTORS OPERATIONS MUST BE REMEDIED IMMEDIATELY. 12. GRADING SHALL BE SMOOTH-FLOWING WITH POSITIVE DRAINAGE IN ALL AREAS. THE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT TO CLARIFY ANY PROBLEMS THAT MAY ARISE REGARDING DRAINAGE. 13. SWALES ARE TO HAVE A 2% MINIMUM SLOPE. NOTIFY OWNERS REPRESENTATIVE IMMEDIATELY IF DISCREPANCIES EXIST. 14. ALL PLANT MATERIAL SHALL BE ACCORDANCE WITH ANA SPECIFICATIONS FOR NUMBER ONE GRADE. 15. ALL TURF AREAS TO BE IRRIGATED WITH AN AUTOMATIC POP-UP SPRINKLER SYSTEM. ALL SHRUB BEDS TO BE IRRIGATED WITH AUTOMATIC DRIP IRRIGATION SYSTEM, OR ACCEPTABLE ALTERNATIVE. THE IRRIGATION SYSTEM IS TO BE ADJUSTED TO MEET THE NEEDS OF THE INDIVIDUAL PLANT MATERIAL. 16. ALL TREES TO BE BALLED AND BURLAPPED, ROOT CONTROL BAG, OR CONTAINERIZED. 17. KEEP ALL TREES 10' CLEAR FROM WATER AND SANITARY SEWER MAINS, AND 4' CLEAR FROM GAS LINES. KEEP SHRUBS 4' CLEAR FROM WATER AND SANITARY SEWER MAINS. LOCATE ALL UTILITIES PRIOR TO THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. 1830 N. COLLEGE AVE planning + landscape architecture FORT COLLINS, CO-80524 PROJECT DEVELOPMENT PLAN DISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE LANDSCAPE DETAILS LS-02 1 3 2 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. FORT COLLINS, COLORADO 1830 N. COLLEGE AVENUE ->&'0A%KXKN>>%#&&>'ZJKDKVU>Ä#%1756+%FYI&GECO NORTH VICINITY MAP SITE 6,947 SF FF = 4,986.25 6,947 SF FF = 4,986.25 Decibels Subjective Typical Sounds Typical Traffic Noises Regulatory 130 Pain Hard Rock Music Artillery Fire 120 Deafening Jet Engine Elevated Train 110 Automatic Punch Press Inside DC –6 Airliner Trumpet Auto Horn @ 3’ Motorcycle @ 10’ 100 Very Loud Noisy Industrial Plant Subway Train @ 20 ‘ 90 10-HP Outboard @ 50” Symphony Orchestra Heavy Truck Traffic @ 20’ Inside Auto Sedan in City Traffic 80 Loud Steam Hose Office Machinery Small trucks Accelerating @ 30’ Light trucks in City @ 20’ OSHA Indoors 70 Normal Cafeteria Shouting voice @ 6’ Heavy Auto Traffic @ 20-50’ 60 Comfort Conversation @ 3’ Normal Speaking Voice Average Traffic @ 100’ FAA, FHA, HUD Outdoors 50 Moderate Private Business Office Average Residence Light Traffic @ 100’ EPA Outdoors FHA Indoors 40 Faint Quiet Living Room Broadcasting Studio 30 Whisper 20 Inaudible Rustling Leaves 10 Threshold of Hearing Threshold of Instrumentation Robert A Larabell Inc. Acoustical Consultant 4727 E Lafayette Blvd., #329 Phoenix, Arizona 85018 Relative Sound Levels „ Suite 200 990 South Broadway Denver, Colorado 80209 September 19th, 2012 Mr. Jason Holland City of Fort Collins Planning Department 281 North College Avenue Fort Collins, Colorado 80522 Re: Statement of Planning Objectives Discount Tire at North College Marketplace Dear Mr. Holland, Pursuant to the requirements of the City of Fort Collins, please accept this formal submittal package for review and approval of the attached Project Development Plan (PDP) and Addition of a Permitted Use applications. Following is a brief summary of the proposed development. Project Description Discount Tire intends to develop Lot 7 of the North College Marketplace – Second Filing located approximately at the northeast corner of North College Avenue and East Willox Lane. The ±1.19 acre lot is zoned Community Commercial – North College (C-C-N). It is understood that the proposed Discount Tire use is classified as a “retail store with vehicle servicing”, which is not a permitted use within the current C-C-N zoning district. Statement of City Plan Principles and Policies As outlined above, concurrent applications for a Project Development Plan as well as Addition of a Permitted Use have been submitted for staff review. As a part of the Addition of a Permitted Use, a letter outlining compliance with the City Plan Principles and Policies has been submitted for review. Description of Operations The proposed Discount Tire services will consist of tire change and repair only. No additional automotive mechanical repair or auto body services will be provided. Standard Discount Tire hours of operation are Monday through Friday 8:00 am to 6:00 pm and Saturdays 8:00 am to 5:00 pm, which are staffed through an average of 6-10 employees. Site Design and Architecture The Applicant has partnered with staff specifically related to the site layout, architecture and landscaping through a series of iterations to achieve project compatibility with the overall development as well as sensitivity to adjacent developments. The site layout was developed to orient the building service bays internal to the development and away from North College Avenue. Landscaping has been designed to complement the overall development while provide a visual screen through the use of tiered perimeter and internal landscaping. The architecture has been designed to complement the established architectural character of adjacent development within North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, Discount Tire North College Marketplace Page 2 varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. Compatibility and Privacy The service bays face interior to the development; therefore, minimizing exposure to North College Avenue and surrounding developments. The Applicant has worked with staff to develop a landscape planting plan utilizing perimeter and internal landscaping to provide a visual buffer from adjacent developments. In addition, the King Soopers building serves as a visual and sound barrier between the adjacent neighborhoods and the Discount Tire building. Offensive Noise In response to staff questions regarding offensive noise associated with this development, an acoustical study which identifies noise levels associated with the proposed use has been submitted to demonstrate that objectionable noise levels do not travel offsite. As identified within this study, noise levels at the property line dissipate to those equivalent to a normal person to person conversation. Neighborhood Involvement / Feedback A list of Affected Property Owners (APOs) was developed with staff and a Neighborhood Meeting was conducted on September 6th, 2012. Attendance of the meeting was limited to one individual of the notified APOs, who was also a member of the North Fort Collins Business Association. No concerns or objections were received from this the sole attendee. Development Schedule and Phasing Construction of the proposed site is expected to start with the satisfaction of the City development approval requirements. Construction of the proposed facility typically consists of an approximate 6 month schedule which is completed within a single phase. The tentative construction commencement date is set for summer 2013 pending approval. Conflicts and Resolution No known conflicts with respect to site access and circulation, the overall development layout and design and/or development of the site have been identified at this time. Variances and Waivers No known variances or waivers from applicable criteria, in addition to the Addition of a Permitted Use request identified herein, have been identified at this time. We look forward to working with staff and receiving your feedback. Should you have any questions or need further information, please do not hesitate to call me at (303) 228-2310. Sincerely, Kimley-Horn and Associates, Inc. Angela Pinley September 19, 2012 Petition for Addition of Permitted Use In conjunction with its application for approval of the Discount Tire preliminary development plan (“PDP”) for a pad site within the North College Marketplace, Kimley-Horn and Associates, Inc. (“Applicant”) on behalf of Discount Tire Co. petitions the Planning and Zoning Board pursuant to Land Use Code Section 1.3.4(B) to add a use (retail stores with vehicle servicing) to the permitted uses in the Community Commercial – North College District (C-C-N) specifically for the proposed site of the PDP and not for consideration of a text amendment to the Land Use Code to permanently add the use to the C-C-N zone district. History Recognizing the need to revitalize and promote economic investment in the long-neglected North College Avenue Corridor, the City’s Advance Planning Department coordinated a public outreach/planning process among stakeholders that resulted in the adoption of The North College Avenue Corridor Plan in March, 1995. One of the recommendations of the plan was rezoning of several parcels into new zone districts, including the rezoning of the undeveloped property now known as North College Marketplace and one other large undeveloped tract east of North College Avenue and bounded by Conifer, Vine and Redwood into the B-C Business Center District, which was accomplished later in 1995. The stated intent of the B-C zone was to provide a transition and a link to the surrounding residential areas with moderate-scale, moderate- intensity mixed uses with pedestrian characteristics like the transitional areas downtown. Although there is nothing in The North College Corridor Plan regarding a proliferation of vehicle or auto related uses, nor is there any policy directed at limiting such uses in these areas in the future, the new B-C zone did not list such uses among those that are permitted. Another new adopted zone district (the H-C Highway Commercial District), however, which encompassed all of the existing developed areas of the corridor adjacent to North College Avenue, specifically limits automobile sales and rental uses to a small percentage (10%) of the entire linear frontage between Vine and the north end of the corridor. With the adoption of City Plan and the accompanying City-wide comprehensive rezoning in 1997, the B-C zone was renamed as the C- C-N zone district and the H-C zone was renamed as the C-N zone district. At that time, the site remained undeveloped. Interest in development opportunities for this property began to emerge in the late 1990’s. A prior owner, recognizing that it would take a great deal of money either from a large national developer, like a supermarket chain, or through urban renewal assistance, or both, to make the significant amount of infrastructure improvements necessary for development of the site, requested in 2002 that supermarkets be added as a permitted use in the C-C-N zone. Pursuant to the Land Use Code provisions in effect at the time, there was no opportunity to add the use to a specific property or area of the zone, therefore, adding the use would have resulted in it being permitted in all C-C-N zoned areas. Such an addition was supported by business owners and residents of the area as a potential catalyst for development of the site and redevelopment of property in the vicinity; the City Council approved the addition of the supermarket use in the C- C-N zone and, thereafter, in 2003, increased the minimum size of a supermarket to 45,001 square feet. In 2004, the Urban Renewal Authority approved the North College Urban Renewal Plan citing the need to encourage redevelopment and infill development in the corridor where it would be beneficial to existing residents and businesses and provide stimulus for redevelopment. After extensive community outreach, the City adopted an update to the North College Corridor Plan in 2007 in response to changes, new information and issues that had been emerging over the years. The commitment to revitalization of the area remained strong in the update, with the focus being on promoting growth, economic development and infrastructure improvement while protecting the area’s distinct character and improving its overall identity and appearance. In this update, it is specifically noted that certain vehicle-related uses (in particular, used-car and truck sales) had created negative effects on the area’s image, identity, investment and values and spin- off activities, and that such impacts had resulted in limits being placed on those uses after the original corridor plan. The update also recognized that the concern about the proliferation of other vehicle related uses was less pronounced and it emphasized that such uses could remain and contribute positively to the corridor: Vehicle-related uses are expected to remain a prominent part of the North College economy and market for some time, even as the city and its market continue to evolve around the corridor. There is general agreement that vehicle-related uses can fit into a more mixed commercial district, along with more active, attractive, and valuable urban uses, using design and public improvements. (See North College Corridor Plan, page 19) It is also noted in Policy LU 1.1 of the plan that “high multiplier” uses, like retail sales, create opportunities for economic activity and synergy with surrounding uses, and that zoning in the North College Avenue Corridor should continue to allow for a very broad mix of uses and businesses that are realistic for market conditions. Thereafter, in 2008, City staff initiated a rezoning of the property from C-C-N to the Commercial-North College District (C-N) to expand the range of commercial uses, particularly more auto-related uses, consistent with the rest of the North College Avenue corridor, completing a shift toward a more realistic and appropriate zoning for the property. Staff argued that making a wider range of uses available was needed to make development feasible, since the use limitations of C-C-N zone coupled with the costs and constraints of the site made development prohibitive. Staff specifically stated that supermarket shopping centers are highly capitalized uses which could overcome the costs and constraints of this site, and that a supermarket anchor was likely to require certain associated uses, like gas stations and/or drive- through restaurants – all of which would be permitted under the C-N zoning designation – resulting in the achievement of numerous goals for infrastructure improvements and economic revitalization of the corridor. Although convinced of the need to spur development, the Planning and Zoning Board did not approve the rezoning, stating that the more appropriate avenue for change was the addition of a permitted use process in which they could do a full review the exact development proposal for compatibility. Shortly thereafter in 2008, the North College Marketplace developer presented to the City Council its conceptual plan for a supermarket-anchored shopping center including a 123,000 square foot supermarket, attached in-line shops and outlying pad sites for a gas station, bank, restaurants and retail shops. The developer also, in line with the direction of the Planning and Zoning Board, submitted a request for the addition of gas stations and drive-in restaurants to the C-C-N zone for this specific site. The APU request was approved. With the approval of the subsequent development plan applications and the construction of the King Soopers supermarket, bank, gas station and retail shops on the property, North College Marketplace now operates as a successful shopping center development that generates property tax increment for the benefit of the North College Corridor and continues to draw interest from businesses desiring to locate there. The vision for the property originally conceived with the B-C zoning in 1995 has not come to fruition due to the overwhelming infrastructure requirements and the market demand for a traditional neighborhood shopping center with typical supporting uses at this location. Notwithstanding the foregoing, the project has been developed consistent with the goals of the North College Corridor Plan and the North College Urban Renewal Plan. Additionally, it’s important to note that of the uses developed on the site to date, approximately 80% of the constructed square footage were not originally permitted uses in the C-C-N zone but such uses were instead approved pursuant to subsequent amendments to the C-C-N zone or through the APU process. What is important, given this, is not that the remainder of the pad sites in the North College Marketplace fit squarely into the list of permitted uses for the C-C-N zone, but rather that each use has been and can be individually evaluated and conditioned with the key concepts of the North College Corridor Plan including the quality of materials, design, landscaping, architecture, orientation, days and hours of operation, and the compatibility requirements embedded in the APU process. APU Request Applicant is requesting that retail stores with vehicle servicing be allowed in the C-C-N zone district, but only for this specific site. Applicant is not requesting that the addition of retail stores with vehicle servicing as a permitted use be considered for a text amendment to the Land Use Code that would add this to list of permitted uses for all C-C-N zoned property. Compliance with Requirements of Section 1.3.4 1.3.4 Addition of Permitted Use (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; Considering the evolution of the North College corridor and this site in particular since the adoption of the North College Corridor Plan and the North College Urban Renewal Plan, and given that this site is currently developed as a traditional neighborhood shopping center with typical supporting uses, the Discount Tire shop use is appropriate for this property in this zone district. Discount Tire is a moderate intensity use, and constructs a superior quality facility consistent with the intent of the C-C-N zone and the intensity of other uses permitted in the zone, providing retail tire sales and installation without the uses that are typically considered to be more intense: fuel sales, auto body repair, oil changes and repairs. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments, the use will help create a transition and link between this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; Discount Tire offers retail sales of tires and installation, but does not provide fuel sales, auto body repair, oil changes and mechanical repairs and, therefore, does not create any more offensive or objectionable influences or any more adverse impacts, environmental or otherwise, than the amount of impact that would normally result from other permitted uses in the C-C-N zone. Because tire installation occurs within the service bays utilizing standard equipment with mufflers to reduce sound levels, impacts on adjoining properties are considered to be at “normal” to “comfort” levels typically comparable with individuals talking from 3 feet apart (reference the Acoustical Study submitted within the PDP Application). There is no heat, smoke, odor, glare or other objectionable impacts that result from the use. Because no fuel sales, auto body repairs, oil changes or mechanical repairs will occur at Discount Tire and tires are stored within the limits of the proposed building, there are no environmental impacts associated with the use. Entrances and exits from the Discount Tire pad site and traffic circulation patterns within the North College Marketplace ensure that traffic hazards are minimized, and the amount of daily traffic generated by the Discount Tire use is consistent with other traditional shopping center uses and other permitted uses in the C-C-N zone. (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; A Discount Tire shop is compatible with the other permitted uses in the C-C-N zoning district and those uses which have been added to the zone for this site and are commonly found in similar grocery anchored shopping centers. All such uses provide to the North Fort Collins residents that are in demand in a conveniently located and efficiently operated shopping center. (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; The use requested is not a medical marijuana dispensary or cultivation facility. (B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. The addition of retail stores with vehicle servicing on this specific site would not be detrimental to the public good. Potential negative impacts to the neighborhoods in the vicinity are mitigated by the carefully designed site/building layout and orientation, the quality architecture and landscaping. The PDP complies with the compatibility and transition standards contained in Section 3.5.1 of the Land Use Code as follows: 3.5.1 (A) Purpose. The Applicant has partnered with Staff specifically related to the site layout, architecture and landscaping through a series of iterations to achieve project compatibility with the overall development as well as sensitivity to adjacent developments. The site layout was developed to orient the building service bays internal to the development and away from North College Avenue. The standard Discount Tire architecture has been enhanced to create the “North College Marketplace Discount Tire” which blends with the overall development. Landscaping has been designed to complement the overall development while provide a visual screen through the use of tiered perimeter and internal landscaping. 3.5.1 (B) Architectural Character. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1 (C) Building Size, Height, Bulk, Mass, Scale. The proposed building is similar in size and height to the buildings on other pad sites within the North College Marketplace. To further mitigate any potential concerns about the bulk, mass or scale of the building, the architecture has been designed to include building projections, varying roof lines, building façade articulation and varying overhangs to achieve the architectural intent, massing and scale approved with the overall development plan. 3.5.1 (D) Privacy Consideration. The service bays face interior to the development; therefore, minimizing exposure to North College Avenue and surrounding developments. The Applicant has worked with City Staff to develop a landscape planting plan utilizing perimeter and internal landscaping to provide a visual buffer from adjacent developments. In addition, the King Soopers building serves as a visual and sound barrier between the adjacent neighborhoods and the Discount Tire building. 3.5.1 (E) Building Materials. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1(F) Building Color. The Discount Tire building will consist of varying shades of tan, beige, gray, white and champagne which have been developed to compliment and unify the different buildings within the North College Marketplace. Please reference the architectural elevations submitted within the PDP application. 3.5.1(G) Building Height Review. The building does not exceed 40 feet in height. 3.5.1 (H) Land Use Transition. The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments and help create a transition and link between this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. 3.5.1 (I) Outdoor Storage Area / Mechanical Equipment New as well as used tire storage will occur within the limits of the building. No outside storage of new or used tires occurs on the premises. Trash collection will occur within enclosed trash enclosures which maintain the required distances from public roadways. (1) Areas of loading/unloading and storage have been integrated within the architecture of the proposed building and/or provided internal to the building. At the request of City Staff, a masonry screen wall is proposed to screen the electrical and gas entry along the west elevation from public view. Perimeter and interior landscaping have been designed to provide a visual buffer from adjacent developments. (2) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. As previously outlined a masonry screen wall is proposed along the western elevation to limit visual appearance of the electric and gas service entry. Additional conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (3) Conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (4) There will be no temporary or seasonal outside storage. (5) There will be no temporary or seasonal outside storage. (6) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. (7) No satellite dishes greater than two (2) meter are proposed with this project. 3.5.1 (J) Operational / Physical Compatibility Standards. The PDP for the Discount Tire use incorporates a number of features that will serve to ensure compatibility with the existing neighborhoods and uses. (1) Standard hours of operation and delivery are consistent with other businesses in the North College Marketplace and vicinity. (2) The service bays open to the interior of the project, instead of toward North College Avenue, to protect the views of vehicles, bicycles and pedestrians. Noise from the activities within the service bays will travel toward the interior of the shopping center, but dissipates to an acceptable dBa within the site, so that no objectionable noise travels offsite. See the Acoustical Study for Discount Tire Company prepared by Robert A. Larabell and Kimley-Horn and Associates, Inc. submitted with the PDP application. (3) Trash receptacles are located in accordance with the Land Use Code requirements. (4) Delivery and loading zones are located on interior of the site, where there is ample buffering to North College Avenue and neighboring residents provided by other buildings, landscaping and distance. (5) The intensity and hours of the site lighting is in accordance with the Land Use Code requirements. (6) No outside vending machines are currently proposed with the project. (7) The number and location of off-street parking spaces proposed is in compliance with the Land Use Code. The request for addition of retail stores with vehicle servicing to the C-C-N zone district is specific to the site of the proposed PDP. The Applicant does not desire that the addition of this use be considered for a text amendment to the C-C-N zone. Such use is not specifically listed as a “Prohibited Use” in the C-C-N zone district. Retail stores with vehicle servicing is not listed as a prohibited use in the C-C-N zone district. See Section 4.19(C) of the Land Use Code. (C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (A) above, such use shall be promptly considered for an amendment to the text of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (A) above. The addition of such use is specific to the proposed site. The Applicant reiterates that the request for retail stores with vehicle servicing to be added as a permitted use to the C-C- N zone district is specifically for the proposed site and subject of the PDP submittal. The Applicant does not request consideration for a text amendment to the Land Use Code to permanently add the use to the C-C-N zone district. (D) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use Code, to ensure consistency with City Plan and its adopted components and associated sub-area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. The Applicant is willing to condition approval of this request for the addition of a use with compliance of its PDP submittal to ensure compatibility and consistency with the Land Use Code, City Plan and the North College Corridor Plan, and to prevent or minimize potential adverse impacts upon the public and neighborhoods in the vicinity. THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN SUCH. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. FORT COLLINS, COLORADO 1830 N. COLLEGE AVENUE ->&'0A%KXKN>>%#&&>'ZJKDKVU>Ä#%1756+%FYI&GECO NORTH VICINITY MAP SITE 6,947 SF FF = 4,986.25 6,947 SF FF = 4,986.25 Decibels Subjective Typical Sounds Typical Traffic Noises Regulatory 130 Pain Hard Rock Music Artillery Fire 120 Deafening Jet Engine Elevated Train 110 Automatic Punch Press Inside DC –6 Airliner Trumpet Auto Horn @ 3’ Motorcycle @ 10’ 100 Very Loud Noisy Industrial Plant Subway Train @ 20 ‘ 90 10-HP Outboard @ 50” Symphony Orchestra Heavy Truck Traffic @ 20’ Inside Auto Sedan in City Traffic 80 Loud Steam Hose Office Machinery Small trucks Accelerating @ 30’ Light trucks in City @ 20’ OSHA Indoors 70 Normal Cafeteria Shouting voice @ 6’ Heavy Auto Traffic @ 20-50’ 60 Comfort Conversation @ 3’ Normal Speaking Voice Average Traffic @ 100’ FAA, FHA, HUD Outdoors 50 Moderate Private Business Office Average Residence Light Traffic @ 100’ EPA Outdoors FHA Indoors 40 Faint Quiet Living Room Broadcasting Studio 30 Whisper 20 Inaudible Rustling Leaves 10 Threshold of Hearing Threshold of Instrumentation Robert A Larabell Inc. Acoustical Consultant 4727 E Lafayette Blvd., #329 Phoenix, Arizona 85018 Relative Sound Levels „ Suite 200 990 South Broadway Denver, Colorado 80209 „ TEL 303 228 2300 December 12th, 2012 Mr. Jason Holland City of Fort Collins Planning Department 281 North College Avenue Fort Collins, Colorado 80522 Re: Discount Tire at North College Marketplace Project Development Plan / Addition of a Permitted Use Additional Documents for Record of Planning and Zoning Hearing Dear Mr. Holland, Please find attached the following items for inclusion within the record of the December 20th, 2012 Planning and Zoning Board hearing. These documents are being transmitted via email in electronic format. Additionally a hard copy of the documents will be delivered to your attention. Attachments: 1. Transportation Impact Study (August, 2008) 2. Targeted Infill and Redevelopment Areas Map 3. North College Marketplace Overall Development Plan 4. North College Marketplace Architectural Elevations 5. Planning and Zoning Board Minutes a. Approval of ODP (January 15th, 2009) b. Approval of Amended ODP (May 21st, 2009) c. Regarding Rezoning to C-N (July 17th, 2008) d. Regarding Addition of Uses to North College Marketplace (August 21st, 2008) e. Regarding Addition of Supermarket use to C-C-N Zoning (November 4th, 2008) 6. North College Marketplace Drainage and Erosion Control Report (August, 2009) 7. AIS to City Council (November 21st, 1995). Regarding Adoption of B-C and H-C Zones 8. AIS to City Council (December 17th, 2002). Regarding Addition of Supermarket Use 9. North College Urban Renewal Plan (December 21st, 2004) 10. North College Corridor Plan (March 14th, 2007) Thank you for your consideration in this request. Should you have any questions, please feel free to contact me at 303.228.2300. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Gabriel Krell This unofficial copy was downloaded on Feb-03-2012 from the City of Fort Collins Public Records Website: http://citydocs.fcgov.com For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA This unofficial copy was downloaded on Feb-03-2012 from the City of Fort Collins Public Records Website: http://citydocs.fcgov.com For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA NORTH COLLEGE MARKETPLACE FINAL DEVELOPMENT PLAN DRAINAGE AND EROSION CONTROL REPORT Prepared for 1908 North College, LLC 1043 Eagle Drive Loveland, Colorado 80537 NORTH COLLEGE MARKETPLACE FINAL DEVELOPMENT PLAN DRAINAGE AND EROSION CONTROL REPORT Prepared for 1908 North College, LLC 1043 Eagle Drive Loveland, Colorado 80537 P.O. Box 270460 Fort Collins, Colorado 80527 (970) 223-5556, FAX (970) 223-5578 Ayres Project No. 32-1322.00 N-COL8TX.DOC August 2009 i Ayres Associates TABLE OF CONTENTS 1. Introduction .................................................................................................................. 1.1 1.1 Purpose................................................................................................................. 1.1 1.2 General Location and Description......................................................................... 1.1 1.3 Background........................................................................................................... 1.1 2. Design Criteria ............................................................................................................. 2.1 2.1 General ................................................................................................................. 2.1 2.2 Design Storm Frequencies ................................................................................... 2.1 2.3 Hydrologic Criteria ................................................................................................ 2.1 2.4 Hydraulic Criteria .................................................................................................. 2.2 3. Drainage Analysis ........................................................................................................ 3.1 3.1 Subsurface Investigations..................................................................................... 3.1 3.2 Historic Drainage Basin ........................................................................................ 3.1 3.3 Proposed Drainage Facility Design....................................................................... 3.4 3.3.1 Developed Basins.......................................................................................... 3.7 4. Water Quality and Erosion Control............................................................................... 4.1 4.1 Temporary Sediment/Erosion Control Methods.................................................... 4.1 4.2 Permanent Sediment/Erosion Control Methods.................................................... 4.2 4.3 Materials Handling and Spill Prevention ............................................................... 4.2 4.4 Inspection and Maintenance................................................................................. 4.4 4.5 Erosion Control Plan............................................................................................. 4.5 4.6 Performance Standard.......................................................................................... 4.7 5. Conclusions ................................................................................................................. 5.1 APPENDIX A – Geotechnical Report .....................................................................................-- APPENDIX B – Wetland Delineation......................................................................................-- APPENDIX C – Historic Map/Calculations.............................................................................-- APPENDIX D – Proposed Map/Calculations..........................................................................-- APPENDIX E – Detention Pond Calculations ........................................................................-- APPENDIX F – Water Quality Calculations............................................................................-- APPENDIX G – Erosion Control Calculations........................................................................-- ii Ayres Associates LIST OF FIGURES Figure 1.1. Vicinity Map...................................................................................................... 1.2 Figure 3.1. Wetland Map.................................................................................................... 3.2 Figure 3.2. Historic Map. .................................................................................................... 3.5 Figure 3.3. Proposed Wetland Plan. .................................................................................. 3.6 Figure 3.4. Proposed Basin Map........................................................................................ 3.8 Figure 3.5. Stormwater Systems Map. ............................................................................... 3.9 Figure 3.6. Detention Pond Outflow Curve....................................................................... 3.14 LIST OF TABLES Table 3.1. Inlet Summary. ................................................................................................ 3.13 Table 3.2. Detention Pond Summary. .............................................................................. 3.13 Table 3.3. Water Quality Facilities. .................................................................................. 3.15 Table 3.4. North Porous Landscape Detention Summary................................................ 3.16 Table 3.5. South Porous Landscape Detention Summary. .............................................. 3.16 Table 3.6. Water Quality Pond Summary......................................................................... 3.17 Table 4.1. General Wetland Seed Mixture. ........................................................................ 4.3 1.1 Ayres Associates 1. INTRODUCTION 1.1 Purpose The purpose of this report is to present the drainage characteristics for the proposed development of a new supermarket-anchored retail center. 1.2 General Location and Description This Drainage and Erosion Control report has been prepared for the North College Marketplace. The proposed construction occurs in the Southwest Quarter of Section 36, Township 8 North, Range 69 West of the 6th P.M., City Of Fort Collins, County Of Larimer, State Of Colorado. A vicinity map for the project area is included on the following page (Figure 1.1). The site is bounded by College Avenue to the west, Larimer and Weld Canal to the north, an undeveloped lot to the east, and Willox Lane to the south. Currently, a majority of the lot is undeveloped. The site is approximately 25 acres. The drainage area being analyzed is approximately 84 acres, of which 76 acres flows into the proposed detention/wetland pond, 4 acres flow to an inlet at the intersection of Willox Lane and Blue Spruce Drive and the remaining area flowing to an existing wetland without an outlet. The development of the site includes several retail shops anchored by a King Sooper's with associated parking lots and roadways. 1.3 Background The North College Marketplace project is being submitted to the City of Fort Collins Planning and Zoning Department as two separate packages: a Wetland Project Development Plan and a Site Project Development Plan. These packages will be submitted on different dates and undergo separate review processes. To ensure compatibility with the storm sewer facilities and the detention pond phased between these submittals, this drainage and erosion control report regards the site as one system functioning under the full build out condition. 1.2 Ayres Associates Figure 1.1. Vicinity Map. 2.1 Ayres Associates 2. DESIGN CRITERIA 2.1 General The procedures, criteria and standards for stormwater management in this design comply with the reference manual "City of Fort Collins Storm Drainage Design Criteria and Construction Standards" and also "Urban Storm Drainage Criteria Manual," Volumes 2 and 3. 2.2 Design Storm Frequencies The initial and major design storm runoff drainage has been analyzed in this report. The initial design storm drainage system, based on a 10-year storm frequency, is designed to provide protection against regularly recurring damage, provide an orderly drainage system and offer convenience to the general public. The major design storm drainage system, based on a 100-year storm frequency, is that system which will convey the major storm runoff that will cause little or no major property damage or loss of life. 2.3 Hydrologic Criteria Ayres used existing survey information, flown aerial topography, and drainage structures to delineate existing and proposed basins for the project site. Design points were added to quantify the stormwater runoff where flow enters the system through proposed inlets and conveyance elements during the 10- and 100-year storm events. Basin parameters were collected for input into EPA SWMM 5.0.013 to generate peak runoff rates for each of these basins. Those parameters include: • Basin Area • Basin Slope • Overland Flow Width – determined based on the equation: A/Ltr = Overland Flow Width Where: Ltr = average length of overland flow path (300-foot maximum) A = basin area • The percent impervious was obtained using USDCM Table RO-3 and Figure RO-5. Using the weighted average of surface characteristics, a composite percent impervious was calculated for each basin. The infiltration parameters reflect the soil characteristics of a Type C soil, as defined by the City's Drainage Criteria Manual. The peak basin runoff flows generated from the hydrologic modeling were then used to determine the street capacities, on-grade inlet locations, and on-grade and sump inlet capacities using UDFCD's spreadsheet UD-Inlet_v2.14c.xls. The inlet capacities were analyzed and the necessary adjustments were applied to the runoff street flows based on the amount of runoff collected by on-grade inlets, and the sump inlets were sized all using the previous street capacity allowances. 2.2 Ayres Associates 2.4 Hydraulic Criteria Routing for the North College Marketplace project area was done using EPA SWMM 5.0.013 to design pipe size and slopes, detention volume, the outlet orifice size, and develop the 10- and 100-year water surface elevations based on pond geometry and the corresponding stage-storage relationship. The pond was designed with an allowable release, in combination of the offsite runoff, equal to the 2-year historical peak runoff rate of 0.2 cfs per acre. The storm drainage system has been designed to convey the minor and major storm events through the combination of storm sewer pipes, streets and swales. The storm pipes were designed such that the during the minor storm event, the 10-year storm, the flow spread leaves one lane free of water for residential collector streets and does not overtop the crown of the street for residential local streets. During the major storm event, the 100-year storm, the water depth was held to a maximum depth of 12 inches at the gutter flow line leaving a minimum of 1 foot freeboard to the top of a building foundation. The input requirements for the EPA SWMM 5.0.013 model include the following: • Pipe lengths, diameters, inverts and material • Reservoir stage vs. area information for each pond • Geometry of outlet structures, i.e., orifices. 3.1 Ayres Associates 3. DRAINAGE ANALYSIS 3.1 Subsurface Investigations Geotechnical Investigation. CTL Thompson performed a sub-surface investigation of the North College Marketplace area. The primary goals of the investigation were to evaluate the subsurface conditions and provide foundation recommendations, pavement design and geotechnical design criteria for the project. CTLs study revealed groundwater depths ranging from 1 to 14 feet below existing ground surface and various locations of unsuitable material. The complete geotechnical report prepared by CTL is included in Appendix A. Please refer to the report for the geotechnical recommendations and analysis on the project site. Groundwater Analysis. Ayres Associates performed a Subsurface Water Investigation of the Project area. The purpose of this study was to estimate the rate of groundwater inflow to an underdrain system and the potential drawdown effects of such a system. In addition, the seepage from the Larimer and Weld Canal were analyzed to determine the effects that site grading would incur on the wetlands. The analysis revealed that the underdrain system would contribute a peak seasonal inflow of 21 gpm to the proposed detention pond. The seepage analysis revealed that an increase of 0.5 gpm through the canal embankment would result from site grading near the channel. Please refer to the Subsurface Water Investigation for further information. 3.2 Historic Drainage Basin The existing site is located within the Dry Creek Drainage Basin and comprised mostly of native grasses. There are three properties with frame buildings located along the southeast side of College Avenue and several residential properties located just south of Grape Street. All of the structures located on these properties will be removed except for the restaurant and car dealership located at the corner of Willox Lane and College Avenue. Existing on-site are three wetlands combining for an area of 7.01 acres. Wetland FTCWOO1 encompasses a large portion of where the proposed development will occur. Below is a photo looking west of wetland FTCWOO1 taken at the intersection of Blue Spruce Drive and Willox Lane. Wetland FTCWOO2 spans the northern portion of the site with no outlet. No development or impacts will occur in this wetland. Wetland FTCWOO3 is located on the southwest corner of the site and will be fully mitigated on-site. Figure 3.1 depicts the existing wetland delineation. This can also be found in Appendix B. Wetland FTCW001 – looking west 3.3 Ayres Associates The site generally slopes from west to southeast with grades ranging from 2%-5%. The northern portion of the site is bordered by the Larimer and Weld Canal. The ditch road is elevated above the site at grades ranging from 10%-35%. The historic site is divided into five on-site and three off-site basins: Off-site basin E7 is a 49 acre basin located west of College Avenue and north of the Larimer and Weld Canal. This basin drains to a pond located in the southeast corner where the canal crosses College Avenue. This basin conveys 330 cfs during the 100-year storm event and 116 cfs during the 10-year event. An 8-inch outlet pipe releases water at 2.5 cfs creating the pond to overtop and discharge into the Larimer and Weld Canal. This 8-inch pipe crosses the Canal and runs south along the east side of College Avenue. The pipe discharges to the ground surface on the proposed site approximately 330 feet south of Grape Street. Off-site basin E8 is located north of Grape Street and flows east into Off-site basin E9. Off-site basin E9 is comprised of existing wetland FTCWOO2 with no outlet. Off-site basin E2 is located just east of the property boundary and flows west into wetland FTCWOO1 on the site. Basin E4 is located just northeast of the intersection of College Avenue and Willox Lane. This basin flows south onto Willox Lane and east into Basin E3. Basin E3 encompasses Willox Lane and discharges into an existing inlet at the intersection of Blue Spruce Drive and Willox Lane. Basin E10 encompasses Willox Lane and the undeveloped land east of the site. It discharges into an existing inlet at the intersection of Blue Spruce Drive and Willox Lane. Basin E5 is comprised of the east drive lane of College Avenue. This basin flows east onto Basin E1. Basin E6 is located just north of Grape Street and flows south into Basin E1. Basin E1 is a 22 acre basin encompassing a majority of the site. This basin flows from east to west into existing wetland FTCWOO1. Below is a photo taken from College Avenue looking east at Basin E1. Basin E1 – looking east 3.4 Ayres Associates Currently a perforated standpipe located in wetland FTCWOO1 drains the site. The standpipe is at an approximate elevation 1.5 feet above the basin bottom with 4 rows of 0.5- inch perforations spaced 6 inches apart. It is our understanding that the pipe is the upper end of an old field drain and thought to run south and outlet into the Lake Canal irrigation ditch just east of Redwood Street. The historic basin characteristics are shown for information only. The 2-year historical peak runoff rate of 0.2 cfs per acre was used as the allowable release from the proposed site. The property encompasses 25.03 acres; therefore a 5.01 cfs allowable release was used. The historic basin map (Figure 3.2) can be found on the next page and in Appendix C at the back of this report. The SWMM parameters, SWMM output, and calculations for historic runoff can also be found in this appendix. 3.3 Proposed Drainage Facility Design General Concept. The existing wetlands account for nearly one-third of the project area. Due to the quality and nature of the existing wetlands, a one to one mitigation plan is being implemented on-site. As mentioned previously, the northern wetland (FTCWOO2- 3.77 acres) will experience no impacts to its overall characteristics. The eastern wetland (FTCWOO1-3.21 acres) will undergo considerable impacts with 2.33 acres being impacted while complete mitigation will be required for the small western wetland (FTCWOO3-0.03 acres). A total area of 2.36 acres of wetlands is being displaced on-site. 0.30 acres will be created on the southeast portion of existing wetland FTCWOO2 and 0.06 acres created on the western edge of this same wetland. Originally, retaining walls around three sides of the proposed pond were incorporated to mitigate the remaining wetlands in the proposed pond bottom to maximize developable space while maintaining the natural characteristics of the site. Due to maintenance and ownership concerns, these walls have been removed and the pond graded in at a 3:1 slope, allowing for the remaining 2.0 acres of wetlands to be created in the proposed detention pond. The proposed mitigation plan (Figure 3.3) can be found on the following pages and in Appendix B at the back of this report. The onsite drainage is directed around the proposed King Sooper's to the detention pond/wetland basin located along the southeast edge of the site. The pond will outlet through a new pipe constructed just east of Blue Spruce Drive and into the Blue Spruce Channel. Below is a photo looking north of the Blue Spruce Channel. The capacity of the Blue Spruce channel was analyzed with the North East College Corridor and Outfall (NECCO) project and was found to have adequate capacity to handle the additional flow from the proposed development. Blue Spruce Channel – looking north 3.7 Ayres Associates Stormwater facilities are controlled by the existing elevation of the eastern wetland and the desired location of the proposed King Sooper's. To reduce the costly amounts of fill to the site, the pipes are designed at a minimum grade of 0.2% slope, minimum cover of 2.0 feet, and reinforced concrete box culverts where required to convey runoff. The site is graded to convey flow west to east from College Avenue. Flow is split into three directions; north through a porous landscape detention island to a low point, south through a porous landscape detention island to a low point, or between the center island to a low point. All of these are located to the west of the proposed King Sooper's building. The north low point enters the system through an inlet that conveys flow around the north side of the building into a proposed water quality pond. The center and south low points enter the system though inlets that conveys flow around the south side of the building into a proposed water quality pond. The water quality pond then discharges flow into the detention pond. The north, south and east sides of the building are graded to convey surface runoff to two low points located behind the building. The stormwater enters the system through inlets that discharges into the water quality pond. The site was graded to provide a minimum of 1 foot free board from the finished floor elevations to the 100-year water surface elevations (WSEL) of both the detention pond and the inlets located west of the store. 3.3.1 Developed Basins The site is divided into 9 main storm sewer systems, System A, B, D, E, F, G, J, K, L, and M. System A serves as the outlet to the detention pond/wetland basin while systems B, D, E, F, G, J, K, L, and M ultimately outlet into the proposed detention pond/wetland basin. Basins were broken down into each system accordingly to analyze point locations of street, inlet, and swale capacities. In addition, off-site basins were delineated to account for runoff entering the project boundary. The basin descriptions have been summarized per design point. The proposed basin map (Figure 3.4) and proposed stormwater systems map (Figure 3.5) can be found on the following two pages and in Appendix D of this report. Each Sub-basin is described as follows: Drainage System J and M: Basin P6 consists of 0.65 acres located at the southwest corner of the site. This basin accounts for the eastern half of College Avenue extending from the existing restaurant and dealership properties just north of the main entrance to the site. Flow will be conveyed via surface runoff and curb and gutter to basin P11. Basin P11 consists of 1.18 acres located at the southwest corner of the site. This basin accounts for the existing restaurant and dealership properties. Flow will be conveyed via surface runoff and curb and gutter to basin P12. Basin P12 is a 0.53 acre basin located on the northern half of Willox Lane just west of the round-about. Stormwater will be conveyed to System M through an on-grade single unit Type-13 inlet (M-01) via curb and gutter. The runoff intercepted by this inlet is delivered to System J, System G, and ultimately to the water quality pond while the remaining bypass flows are continued downstream to Basin P9 (and into the south PLD). 3.10 Ayres Associates Basin P28 consists of 0.13 acres located southwest of the roundabout. Surface runoff is conveyed to a single unit type 13 inlet (M-02) in sump where flows enter System M. This inlet will intercept 100% of the minor and major flow events before being conveyed through System J, System G, and ultimately to the water quality pond. Drainage System K: Basin P10 is a 0.32 acre basin located in the proposed gas station. Flows will be conveyed through roof drainage and surface runoff to a single unit Type 13 combination Inlet (K-01). The gas station will provide on-site water quality, discharge to System K, delivered to Storm J and ultimately to the water quality pond. Drainage System L: Basin P5 consists of 0.39 acres and accounts for the eastern half of College Avenue from the north entrance drive south to the main entrance into the site. Basin P5 will convey runoff via curb and gutter and enter System L through a five foot Type R inlet (L-01). The runoff intercepted by this inlet is conveyed into system L where flows are delivered to storm G and ultimately to the water quality pond. The remaining bypass flows are continued downstream to Basin P6. Drainage System G: Off-site Basin P30 is a 49.1 acre basin located west of College Avenue and north of the Larimer and Weld Canal. This basin drains to a pond located in the southeast corner where the canal crosses College Avenue. This basin conveys 330 cfs during the 100-year storm event and 116 cfs during the 10-year event. An 8-inch outlet pipe releases water at 2.5 cfs creating the pond to overtop and discharge into the Larimer and Weld Canal. This 8-inch pipe crosses the Canal and runs south along the east side of College Avenue where it will connect into inlet G-08. The runoff collected is delivered to the water quality pond. Basins P4 consists of 0.31 acres and accounts for the eastern half of College Avenue from the Larimer and Weld Canal to the northern entrance to the site. Basin P4 will convey runoff via curb and gutter and enter System G through a ten foot Type R inlet (G-08) that will connect an existing 8 inch pipe from off-site basin P30. The runoff intercepted by this inlet is delivered to the water quality pond and the remaining bypass flows are continued downstream to Basin P5. Basin P7 is a 3.19 acre basin centrally located on the site. Stormwater will be conveyed via curb, gutter, and surface runoff to a triple unit Type C inlet (G-05) in sump where it will capture 100% of the minor and major flows and enter System G. Basin P9 consists of 2.81 acres along the southern third of the main parking lot. Stormwater will be conveyed via surface runoff to a porous landscape detention island where flows will infiltrate during the initial flush and enter System G via a triple Type C inlet (G-04) in sump during the minor and major storm events. Basins P21 accounts for roof drainage of the retail shop located just south of the King Sooper's building. This basin totals 0.21 acres. Stormwater enters the system through roof drains that convey flow to System G and delivered to the water quality pond. Basin P31 is located at the roundabout and conveys flow onto the site via curb and gutter and into the porous landscape detention island located in Basin P9. This basin totals 0.45 acres. 3.11 Ayres Associates Basin P13 is located in the parking lot southwest of the King Sooper's and totals 0.49 acres. Surface runoff will be conveyed to a curb cut along the southern gutter line where flows will enter a swale (basin 33) and ultimately into a double Type C inlet (G-02) in sump during the minor and major storm events. Basin P15 is a swale and some parking located just south of the store totaling 0.31 acres. This basin will drain to basin P13 and to the double Type C inlet (G-02) and ultimately to the water quality pond. Basins P20 accounts for roof drainage of the retail shop located just south of the King Sooper's building. This basin totals 0.16 acres. Stormwater enters the system through roof drains that convey flow to System G and delivered to the water quality pond. Basins P33 is a swale just south of the store totaling 0.07 acres. This basin will drain to the double Type C inlet (G-02) and ultimately to the water quality pond. Basin P35 is a canopy located at the southwest corner of the store totaling 0.03 acres. Stormwater enters the system through roof drains that convey flow to System G and delivered to the water quality pond. Basin P36 is a canopy located along the western entrance of the King Soopers store. This basin totals 0.10 acres. Stormwater enters the system through roof drains that convey flow to System G and delivered to the water quality pond. Drainage System F: Basins P1 and P2 are off-site basins located north of Grape Street, combining for a total area of 0.39 acres. This area conveys surface runoff south to basin P25. Basin P25 consists of 4.51 acres located near the northern third of the main parking lot. Off- site basins P1 and P2 combine and contribute runoff where flow is conveyed to a porous landscape detention island where flows will infiltrate during the initial flush and enter System F via a triple Type C inlet (F-04) during the minor and major storm events. The runoff intercepted by this inlet is delivered to the detention pond/wetland basin. Bain P24 accounts for roof drainage of the pharmacy located just north of the King Sooper's building. This basin totals 0.03 acres. Stormwater is conveyed via roof drains to storm F and ultimately to the water quality pond. Drainage System E: Basins P8 accounts for roof drainage to the east side of the store. This basin accounts for a total area of 0.87 acres. Stormwater enters the system through a roof drain that connects into a double unit Type 13 combination inlet (E-01) of System E and delivered to the water quality pond and ultimately into the detention pond/wetland basin Basin P16 consists of 0.10 acres located near the north dock behind the store. Sheet flow will collect in the dock and enter System E through a single unit Type 13 combination inlet (E-03). This inlet will capture 100% of the flows during the minor and major storm events then delivered to the water quality pond and ultimately into the detention pond/wetland basin. 3.12 Ayres Associates Basin P18 consists of 1.00 acres located to the northeast of the store. Runoff will be conveyed through curb and gutter to a double Type 13 combinations Inlet (E-01) of System E. This inlet will capture 100% of the flows during the minor and major storm events then delivered to the water quality pond and ultimately into the detention pond/wetland basin. Drainage System D: Basin P14 consists of 0.44 acres located to the southeast of the store. Runoff will be conveyed through curb and gutter to a double Type 13 combinations Inlet (D-01) of System D. This inlet will capture 100% of the flows during the minor and major storm events then delivered to the water quality pond and ultimately into the detention pond/wetland basin. Basin P17 consists of 0.23 acres located near the south dock behind the store. Surface runoff will collect in the dock and enter System D through a single unit Type 13 combination inlet (D-02). The runoff intercepted by this inlet is delivered to the water quality pond and ultimately into the detention pond/wetland basin. Basins P23 accounts for roof drainage to the southeast side of the store. This basin accounts for a total area of 0.49 acres. Stormwater enters the system through a roof drain that connects into a double unit Type 13 combination inlet (D-01) of System D and delivered to the water quality pond and ultimately into the detention pond/wetland basin. Remaining Roof Drainage System: Basins P3 and P22 account for roof drainage to the back of the store. These basins combine for a total area of 1.19 acres. Stormwater is conveyed through roof drains that discharge directly into the water quality pond. Drainage System B: Basin P27 is located along the northern half of Willox Lane extending from the roundabout to the east entrance drive of the site. This basin totals 0.40 acres and conveys runoff via curb and gutter to a double Type 13 combination inlet (B-01). The runoff intercepted by this inlet is delivered to storm G and ultimately to the water quality pond. The remaining bypass flows are continued to basin P34. Drainage System A: Basin P19 is comprised of the proposed detention pond/wetland basin and totals 3.87 acres. Systems B, D, E, F, G, J, K, L, and M ultimately discharge into this basin where flows are released through System A to the Blue Spruce Channel. Off-site Basin P29 consists of 0.45 acres located just east of the proposed detention/wetland basin. This is an offsite basin that drains into the proposed pond. Basin P32 is an offsite basin that accounts for 4.07 acres and is comprised of the north half of Willox Lane from a 15ft Type R inlet (A-03) to a high point approximately 900ft east. This inlet conveys flows during a 100-year and 10-year event to the Blue Spruce channel. Basin P34 is an offsite basin that accounts for 0.51 acres and is comprised of the north half of Willox Lane from inlet B-1 to an existing sump and 15ft Type R inlet (A-03). This inlet conveys flows during a 100-year and 10-year event to the Blue Spruce channel. 3.13 Ayres Associates Table 3.1 summarizes the flow and basins contributing to each inlet. The complete inlet calculations can be found in Appendix D of this report. Table 3.1. Inlet Summary. 100-Year 10-Year Design Point Inlet Tributary Sub-Basin Q100 cfs HGL (ft) Q10 cfs HGL (ft) P34 ST-A-03-(INLET) 34,32 30.2 4974.79 9.0 4972.16 P27 ST-B-01-(INLET) 27 3.9 4975.27 1.8 4974.97 P14 ST-D-01-(INLET) 14 4.4 4974.19 2.1 4972.58 P17 ST-D-02-(INLET) 17 2.3 4974.19 1.1 4972.58 P18 ST-E-01-(INLET) 18 9.1 4974.19 3.7 4972.58 P16 ST-E-03-(INLET) 16 1.0 4974.19 0.5 4972.58 P25 ST-F-04-(INLET) 1, 2, 25 43.8 4976.52 19.5 4974.41 P33 ST-G-02-(INLET) 13, 33, 15 9.6 4974.49 4.0 4972.58 P9 ST-G-04-(INLET) 9, 31, Inlet M-01 carryover 48.7 4975.20 22.3 4973.37 P7 ST-G-05-(INLET) 7 31.5 4975.28 14.8 4973.43 P4 ST-G-08-(INLET) 4 3.1 4978.13 1.5 4977.97 P5 ST-L-01-(INLET) 5 3.9 4979.65 1.9 4979.44 P12 ST-M-01-(INLET) 12, 11 21.8 4976.73 10.1 4976.18 P28 ST-M-02-(INLET) 28 1.3 4976.57 0.6 4976.03 P10 ST-K-01-(INLET) 10 3.2 4976.17 1.5 4975.71 Remaining Basins: Off-site Bain P26 consists of 5.20 acres of existing wetland FTCWOO2. This basin contributes no flow to the system. Detention/Wetlands Pond. EPA SWMM 5.0 was used to determine the pond size and outlet orifice sizing. In the Dry Creek Drainage Basin, the 2-year historic allowable release rate of 0.2 cfs per acre equates to 5.01 cfs for the project site. The proposed site discharges flow at a rate of 4.93 cfs. The discharge plate is bolted over the 18 inch outlet pipe placed with approximately a 12 inch opening. The 100-Year peak developed flow into the pond is 163 cfs. Thus the volume required to capture the 100-year runoff rate wile releasing at 4.93 cfs was calculated to be 6.28 ac-ft. The volume provided in the pond is 12.0 ac-ft. The pond is oversized to accommodate the needed area to mitigate wetlands on-site, however the hydraulics of the system within the parking lot and loading docks limit an increase in the tailwater elevation. Table 3.2 summarizes the pond characteristics. Table 3.2. Detention Pond Summary. Description Elevation Pond Volume (ac-ft) Pond Depth (ft) Pond Invert 4971 --- --- Outlet Pipe Invert 4971 --- --- Orifice Plate Elevation 4971 --- --- 10-Year WSEL 4972.58 2.04 1.6 100-Year WSEL 4974.20 6.28 3.20 Top of Pond 4976 12.0 5.0 3.14 Ayres Associates To ensure proper water retention for the wetland vegetation, the proposed pond bottom is flat and set an elevation of 4971. The outlet pipe is also set an elevation of 4971. Currently, a 24-inch perforated standpipe drains the site. The standpipe contains 4 rows of 0.5-inch perforations spaced 6 inches apart. It is the City’s intent to mimic the drain time of the existing system. Under the designed system of discharging at the allowable release rate at 4.93 cfs through a 12-inch discharge plate, the pond will drain to a depth of 2 inches in approximately 40 hours during the 10-year storm event (Figure 3.6) and 54 hours during the 100-year storm event (Figure 3.6). Wetland monitoring will occur for three years after construction completion. The discharge plate can be adjusted if well measurements and plant development reveal higher than acceptable saturation. All pond calculations can be found in Appendix E. DETENTION POND OUTFLOW CURVE 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 DRAIN TIME (HOURS) DEPTH (FT) 100-Year Storm Depth 10-Year Storm Depth Figure 3.6. Detention Pond Outflow Curve. Water Quality Treatment: The detention pond/wetland basin will not be utilized as a water quality facility for the site. All stormwater will be treated prior to entrance into the pond to ensure proper plant development and survival. Areas not treated with this project are off-site developed basin P30, undeveloped basins P29, P32, and P34, off-site wetland basin P26, detention pond/wetland basin P19, and the gas station basin P10 since water quality treatment will be provided for that lot. Offsite basin P29, P32, and P34 will provide its own water quality when they become developed. The wetlands basins P19 and P26 provide their own water quality to the storm water that outfall directly into the wetlands. The offsite basins entering the proposed wetlands pond and basin P19 are being treated with the project prior to entering the wetlands pond. Table 3.3 indicates the basin and the facility providing the treatment. Two water quality measures are implemented on-site: Porous Landscape Detention and a Water Quality Pond. The on-site treatable area totals 24.71 acres. Sixty one percent of the area is treated through the water quality pond, 15.5% of the area is treated through the southern PLD, while the remaining 23.5% is treated in the northern PLD. Each facility is described in detail below. Refer to Figure 3.4 for the water quality treatment provided for each basin. This figure along with all calculations and product literature can be found in Appendix F. 3.15 Ayres Associates Table 3.3. Water Quality Facilities. Sub-Basin Designation Other North PLD South PLD Water Quality Pond P1 x P2 x P3 x P4 X P5 X P6 X P7 X P8 X P9 X P10 Gas Station P11 X P12 X P13 X P14 X P15 X P16 X P17 X P18 X P19 Detention Pond/ Wetland Basin P20 X P21 X P22 X P23 X P24 X P25 X P26 North Wetland P27 X P28 X P29 Off-Site Basin P30 Off-Site Basin P31 X P32 Off-Site Basin P33 X P34 Off-Site Basin P35 X P36 X Porous Landscape Detention (PLD). There are two PLD facilities on-site, each located on the north and south islands of the main parking lot. These swales were sized using UDFCD UD-BMP spreadsheet. These swales will utilize the underdrain system already implemented on-site due to high groundwater. The south PLD facility slopes at a 1.4% grade the length of the island while the north PLD facility slopes at a 1.5% grade the length of the island. 3.16 Ayres Associates North PLD. 4.91 acres contributes to the north PLD. This accounts for nearly 24% of the treatable area. The provided surface area of the island exceeds the area required, therefore providing full treatment. Inlet F-04 is a triple unit Type C inlet located at the downstream end of the island. The top of the inlet is 11.5 inches above the swale flowline provided to treat the initial flush. During the 10-year storm, just over 6 inches of ponding will occur within the parking lot and water will be spread to a distance of 45 feet across the drive aisle. Just over 13 inches of ponding will occur within the parking lot during the 100-year storm event and will spread to a distance of 116 feet south across the parking lot. It shall be noted that initial designs placed the inlet grate only 6 inches above the swale flowline, in turn reducing the depth of ponding in the parking lot and containing flow in the landscape island during the 10 year event and to just outside the island during the 100 year event. City staff requested the grate be raised to the depth required to provide full water quality treatment in the PLD, thus increasing the water spread. Table 3.4 provides a summary of the north PLD. Table 3.4. North Porous Landscape Detention Summary. Impervious 77 % Contributing Basin Area 213711 square feet Volume Required 4420 cubic feet PLD Surface Area Provided 4763 square feet PLD Surface Area Required 4420-8840 square feet South PLD. 3.26 acres contributes to the south PLD. This accounts for nearly 16% of the treatable area. The provided surface area of the island exceeds the area required, therefore providing full treatment. Inlet G-04 is a triple unit Type C inlet located at the downstream end of the island. The top of the inlet is 7.5 inches above the swale flowline provided to treat the initial flush. During the 10-year storm, just over 6 inches of ponding will occur within the parking lot and spread to 56 feet across the parking stall and drive aisle. Just over 14 inches of ponding is calculated to occur within the parking lot during the 100-year storm event, however an overflow path located to the south of the inlet is provided in the event that the inlet becomes clogged. This path contains a high point at elevation 4977.96 or just less than 16 inches above the grate flowline. Water will pond to this depth before overtopping into the parking lot located east of the round about. A curb cut is located along the south curbline to convey flow into the basin just north of Willox Lane. It shall be noted that initial designs placed the inlet grate only 6 inches above the swale flowline, in turn reducing the depth of ponding in the parking lot and containing flow in the landscape island during the 10 year event and to just outside the island during the 100 year event. City staff requested the grate be raised to the depth required to provide full water quality treatment in the PLD, thus increasing the water spread. Table 3.5 provides a summary of the north PLD. Table 3.5. South Porous Landscape Detention Summary. Impervious 87 % Contributing Basin Area 142106 square feet Volume Required 3578 cubic feet PLD Surface Area Provided 5611 square feet PLD Surface Area Required 3577-7155 square feet 3.17 Ayres Associates Water Quality Pond. The water quality pond is located in the proposed wetlands/detention pond. This water quality pond collects flows from upstream basins accounting for 12.67 acres. This is nearly 61% of the treatable area. The water quality capture volume provided and required is 0.76 and 0.45 ac-ft respectively with a 40-hour drain time. Table 3.6 provides a summary of the water quality pond. Table 3.6. Water Quality Pond Summary. Description Elevation Volume (ac-ft) Depth (ft) Invert 4971.0 - - Required WQCV 4972.43 0.46 1.43 Provided WQCV 4973.00 0.76 2.00 4.1 Ayres Associates 4. WATER QUALITY AND EROSION CONTROL Construction of the North College Marketplace site improvements will require implementation of erosion control BMPs to minimize the amount of sediment carried off-site by wind and water. 4.1 Temporary Sediment/Erosion Control Methods The erosion control methods to be implemented during the construction of the proposed storm sewer can be seen on the Erosion Control Sheets in the construction plans. The City of Fort Collins erosion and sediment control construction notes are included in the construction plans. Erosion control BMPs for construction of the North College Marketplace will include wattle dikes set across all flow paths determined by the general grading plan. The wattle dikes are placed in the flow paths for each 2 feet of vertical drop to slow the conveyance of water and prevent significant erosion before vegetation is installed. Wattles are to be placed at a 45 degree angle toward flow in the street flowline, anywhere that the stormwater runoff and sediment may exit the site via curb and gutter. Silt fencing will be installed around the construction site as necessary to prevent sediment from leaving the site during construction. Silt fence will also be placed around the soil stockpiles and the wetland areas not to be impacted. Drop inlet protection will be installed around each existing and proposed inlet, grated manhole lid, and pond outlet structure to prevent sediment from leaving the project site and entering the Blue Spruce Channel or downstream stormwater facilities. Straw mulch will be applied after seeding to prevent erosion from runoff and help establish plant cover. A vehicle-tracking pad is to be installed at all pavement exist locations to prevent mud from being carried off site on vehicle tires. Vehicle tracking pads must also be provided at any other access locations to the worksite. Existing vegetation shall be preserved where possible. All disturbed areas not in the roadway or greenbelt shall have temporary vegetation seed applied within 30 days of initial disturbance. After seeding, hay or straw mulch shall be applied over the seed at a rate of 1.5 ton/ac minimum, and the mulch shall be adequately anchored, tacked, or crimped into the soil. Those roads that are to be paved as part of the project must have a 1-inch layer of gravel mulch applied at a rate of at least 135 ton/ac immediately after grading is completed. The placement structure shall be applied within 30 days after the utilities have been installed. If the disturbed areas will not be constructed upon within one growing season, a permanent seed shall be applied. After seeding, a hay or straw mulch shall be applied over the seed at a minimum rate of 1.5ton/ac, and the mulch shall be adequately anchored, tacked or crimped into the soil. The above structural practices are temporary and must be installed prior to any grading or construction on the project site. Temporary sediment control measures shall be checked regularly and after storms for silt buildup. Silt fence shall be properly installed and maintained including checking for undermining. Curb inlet protection shall be checked for openings and silt buildup, if necessary clean or replace gravel to maintain a protective barrier around all inlets which may receive stormwater. Erosion and sediment control measures must be replaced or repaired as needed during regular inspections. The temporary structures must be maintained until the site has uniform cover equivalent to 70% of existing site conditions. Cover may include vegetation in the interim condition. 4.2 Ayres Associates 4.2 Permanent Sediment/Erosion Control Methods Structural Practices Erosion Controls – the following practices will be used to prevent the erosion of soil after construction: 1. Scour Stop – Scour Stop shall be installed at the downstream ends of the storm sewer entering the detention pond/wetlands basin. Scour Stop shall also be placed at the outfall into the Blue Spruce Channel. Product literature can be found in Appendix G of this report. 2. Paving – All existing streets shall be repaved prior to the completion of the project. The post-construction condition for approximately 20% of the project site will be re-surfaced with concrete walkways, concrete curbs, gutters and asphalt pavement. Non-Structural Practices Erosion Controls – the following practices will be used to prevent the erosion of soil after construction: 1. Permanent seeding – All un-paved disturbed areas shall be reseeded to match native ground cover as soon after construction or grading as weather permits. This will provide the opportunity for pollutants to settle out of the stormwater runoff. 2. Wetland seeding-Wetlands shall be seeded to match the mixtures provided be Cedar Creek Associates below in Tables 4.1. Submit wetland and upland seed mix/type specifications from the supplier to the City’s environmental planner for approval prior to the installation. 3. Cleaning of Construction Site - Drainage ditches, pans, and culverts must be cleaned of debris and sediment. Following site construction, the goal is to achieve a stabilized cover condition to provide long- term stormwater protection. Stabilization is quantified by achieving uniform cover equal to 70% of the pre-disturbance condition. Final stabilization shall be achieved by installation of permanent erosion control methods. Immediately after the storm sewer improvements have been constructed, permanent erosion control practices are to be installed and maintained. Temporary erosion and sediment control measures can be removed after establishment of permanent stable vegetation to the satisfaction of the City of Fort Collins inspector. 4.3 Materials Handling and Spill Prevention A project staging area shall be located in the temporary construction easement. The exact location of the staging area will be determined by the contractor. Measures should be undertaken to control building materials, waste and disposal of excess asphalt and concrete to ensure these materials do not leave the site and enter the detention ponds or Blue Spruce Channel. Asphalt, concrete, building materials, waste and cleanup by- products should not be discharged into the on-site curb inlets and storm sewer systems nor should they be allowed to enter the detention ponds or Blue Spruce Channel. Measures should be undertaken to remove excess waste products from the site and dispose of these waste materials off-site in an appropriate manner. 4.3 Ayres Associates Table 4.1. General Wetland Seed Mixture. Species (Corps Designation) Preferred Varieties Rate Lbs/Acre Planted (Broadcast) PLS Seeded/Acre Alkali sacaton (FAC) Sporobolus airoides NA 1.00 1,175,000 American mannagrass (OBL) Glyceria grandis NA 0.50 640,000 Prairie cordgrass (FACW) Spartina pectinata NA 2.00 349,000 Switchgrass (FAC) Panicum virgatum Nebraska-28 4.00 1,556,000 Nebraska sedge (OBL) Carex nebraskensis NA 1.00 534,100 Alkali bulrush (assume OBL) Boboschoenus maritimus NA 1.00 162,600 Olney threesquare (OBL) Schoenoplectus pungens NA 2.00 359,600 Softstem bulrush (OBL) Shoenoplectus lacustris NA 1.00 550,000 Totals = 12.50 5,326,300 (~122 seeds/ sq. ft.) Note1: FAC, FACW and OBL species are included to account for the presumed variability in the soil moisture regimes to be created. Species selection is based, in part, on species present in wetlands on site. A temporary concrete washout area as well as a separate designated loading/unloading area shall be located in the project staging area. The exact location of the washout area will be determined by the contractor. It is the contractor’s responsibility to ensure that the concrete is handled in the appropriate manner so as not to contaminate the detention ponds, Blue Spruce Channel or surrounding areas. Upon completion of the project the concrete in the concrete washout area shall be exposed of in an acceptable waste site. The concrete wash- out area and designated loading/unloading areas shall be re-vegetated to existing or better conditions. The heavy equipment contractor shall be responsible for protecting the soil from Contamination due to any hydrocarbon or other hazardous spills associated with his contractual obligations. All chemicals used in maintenance (oil, antifreeze, hydraulic fluid, etc.) are to be stored offsite. Fertilizers are to be stored in the contractor staging area. The contractor shall be responsible for preventing contamination in the detention pond, Blue Spruce Channel and surrounding areas. Any periodic refueling of earthmoving equipment on site shall be carefully controlled to ensure these materials are not spilled on the site and will not enter any detention pond or The Blue Spruce Channel. It shall be the responsibility of the heavy equipment contractor to designate a fueling area and take appropriate actions to ensure pollution of stormwater does not occur. The fueling area shall be located within the contractor staging area. The fueling 4.4 Ayres Associates In the event of a spill from the site into an on-site curb inlet or storm sewer system appropriate measures should be undertaken immediately to contain spilled pollutants and properly remove the spilled materials along with all contaminated soils and prevent future spills from occurring. In addition, measures should be undertaken to limit off-site soil tracking of mud and debris spillage from vehicles leaving the site. Mud and debris should not be tracked along roadways and allowed to enter any non-protected drainage path. Several measures are suggested to protect stormwater quality and prevent contaminates from migrating off-site. • Washing of vehicles or equipment into the storm drainage system is prohibited • Refueling operations should be done in the designated fueling area during dry weather conditions and on level ground • Potential flow paths for spills should be assessed prior to any fuel or hazardous substance transfer • Ample absorbent material and containment should be available to contain a spill • Any storm drain conveyance within a containment area should be protected with berms or plugs • Hazardous materials such as fuel, solvent or fertilizer used on site should be in a secure covered area • No dedicated concrete or asphalt batch plants shall exist on the site 4.4 Inspection and Maintenance The erosion control measures will be inspected daily during construction. The inspection must include observation of the construction site perimeter and discharge points (including into a storm sewer system), all disturbed areas, any areas used for material storage that are exposed to precipitation, any area used for washing of machinery, the vehicle tracking control pads, and any other erosion and sediment control measures. Silt fence and other barriers will be checked for undermining and bypass and repaired or expanded as needed. The temporary vegetation of bare soils will be checked regularly and areas where it is lost or damaged will be reseeded. Hazardous materials such as fuel, solvent or fertilizer used on site should be in a secure covered area. At a minimum the inspections shall occur for all BMPs every 14 days and after significant precipitation events (i.e., rainfall, snowmelt, etc.). Installations and modifications as required by the City of Fort Collins or authorized personnel will be implemented immediately or within 48 hours of notification. Mitigation measures shall be inspected for at least the following. • Accumulation of excess sediment and determination of whether or not the effectiveness of each structure is significantly reduced. Removal of accumulated sediment shall occur once a 50% reduction of the design storage capacity becomes evident. • Damage to structures that need repairing to ensure their effectiveness. Addition or elimination of sediment and/or erosion control measures that are designed to control the movement of soil particles in a practical and effective manner. • Immediate repair and/or replacement of necessary mitigation measures when total failures are found. 4.5 Ayres Associates A site log should be kept up to date to record inspections, repairs and maintenance. Additionally any spills should be fully documented. Include what the spill material was, reason for spill, date, time of start and finish of spill, quantity, location, weather conditions, who was contacted, how the spill was cleaned, impact to environment, and method of disposal of cleanup materials. All construction activities must also comply with the State of Colorado permitting process for Stormwater Discharges Associated with Construction Activity. A Colorado Department of Public Health and Environment CDPHE Construction Permit will be required before any construction or grading activity can begin. 4.5 Erosion Control Plan The proposed erosion control program for this site will include the installation of structural erosion control measures including silt fencing, sediment basins and traps, rough cut street control and straw bale channel protection. Non-structural measures will include maintaining established grasses until striping is necessary and the establishment of temporary and permanent grasses in idol or completed areas during construction sequencing. BMP FOR STORM WATER POLLUTION PREVENTION The following controls and measures will be implemented prior to and during the various sequence of construction: 1. Clearing and Grubbing - Install vehicle tracking pad at entrance to site. Define limits of clearing, place silt fence at all future toe of slope as defined by the approved erosion control plan. Designate area to stockpile topsoil. Follow requirements of approved erosion control plan. 2. Grading - Construct sediment traps and basins as shown on approved erosion control plans. Install rock check structures and rough cut street protection along flow line of newly graded drainage channels and rough cut roads, and silt fencing at down slope side of newly disturbed areas. As construction progresses, designate areas for construction trailer, trash container, vehicle and equipment refueling, vehicle and equipment parking, and for material storage. Stored materials shall be free of contact with soil. Materials in containers shall be stored within a covered area. Fueling and storage areas shall be protected with a minimum 1-foot high berm, to prevent migration of any spills. 3. Underground utility main installation (sanitary sewer, water and storm drain) - Maintain all previous controls and measures from clearing, grubbing and grading construction. Trenches shall be backfilled as soon as possible (after inspection). Excess material shall be salvaged when possible, waste material shall be disposed of in a proper manner. Empty containers that held hazard material such as solvents, lubricants, fuels, etc., shall be disposed of in a proper manner. Refueling and vehicle maintenance shall be done at designated areas. Fueling and storage areas shall be protected with a minimum 1-foot high berm, to prevent migration of any spills. During installation of the storm sewer system, inlet and outlet sediment protection will be provided. During flushing and testing of utilities sediment control measures shall be in place. 4.6 Ayres Associates When trenching for utilities located outside of protected areas, silt fencing and/or hay bales shall be provided, at down slope areas of disturbance. At completion of construction disturbed areas shall be reseeded. Erosion control measures shall remain in place until stabilization has been achieved. 4. Building Construction - Designate areas for vehicle fueling and maintenance, concrete truck washout, and material storage. Material stored outdoors will be free of contact with the soil and covered when possible. Materials in containers will be covered and stored in sheltered areas. All flammable materials shall be stored in proper containers and checked daily for leaks and spills. 5. Paving and Curb and Gutter Installation - Designate areas for vehicle fueling and maintenance, concrete truck washout, and material storage. Material stored outdoors will be free of contact with the soil. Materials in containers will be stored indoors within covered areas. 6. Landscaping - Designate areas for vehicle fueling and maintenance, concrete truck washout, and material storage. Material stored outdoors will be free of contact with the soil and covered when possible. Materials in containers will be stored indoors within covered areas. Avoid excess watering and placing of fertilizers and chemicals. OTHER CONTROLS Control Practices for Cleared Vegetation - Remove only what is needed; leave native vegetation in place when possible. Stockpile composting vegetation away from detention ponds or at regional composting areas. Erosion and Sediment Control Soil Stabilization Practices - Where significant ground cover exists on-site it will be left in place, if possible, or removed just prior to grading. Landscaping shall be installed as soon as possible after grading is completed. Sediment and Erosions Control Practices - Construct temporary sediment traps. Follow the approved erosion control plan. Tracking of Sediment onto Roads and Streets - Streets shall be kept clean and free of mud, soil, and construction waste. Street sweeping or other acceptable methods shall be used to prevent sediment from being washed from the project site. Streets shall not be washed with water if prohibited by local ordinances. Control Practices for Wind Erosion - Wind erosion shall be controlled on the site by maintaining appropriate levels of surface moisture, or application of surface binding materials if necessary, seeding and mulching of the site will occur as soon as practicable after completion of grading activities. NON-STORM WATER MANAGEMENT Non-storm water discharges will be eliminated or reduced to the extent feasible. No materials shall be discharged in quantities which will have an adverse effect on the receiving waters. The measures listed below will be implemented to achieve these objectives. • Proper and lawful disposal of all waste materials • Control any spills and leaks that may occur and clean up (mitigate) • Use of designated areas for equipment repair and cleaning • Careful application of irrigation water 4.7 Ayres Associates FINAL STABILIZATION AND LONG TERM STORM WATER MANAGEMENT Management of storm water after completion of construction will be accomplished by utilizing the practices listed below. • Upon completion of construction, the site shall be inspected to ensure that all equipment, waste materials, and debris have been removed. • The site will be inspected to make certain that all graded surfaces have been landscaped or seeded with an appropriate ground cover. • All inlet protection, perimeter fencing, rock check dams, and all other control practices and measures that are to remain after completion of construction will be inspected to ensure their proper functioning. • Permanent riprap basins will be installed at the storm sewer outfall to the detention ponds in order to minimize erosion and sedimentation at the discharge points. The property owner/contractor shall be responsible for maintaining the storm water controls in good working order and shall also be responsible for the costs incurred until such time as they are accepted by the County or no longer required, including removal of measures. 4.6 Performance Standard This development lies within the Moderate Rainfall Erodibility Zone and the Moderate Wind Erodibility Zone per the City of Fort Collins zone maps. There should be minimal to no erosion problems after completion of The North College Marketplace. Silt fence will be installed along the south and east sides of the site to prevent sediment from leaving and entering the site. The Rainfall Performance Standards for The North College Marketplace, during and after construction, were calculated to be 79 and 92.9, respectively. Therefore the erosion control plan shall be developed to contain 79% and 92.9% of the rainfall sediment that would normally flow off a bare ground site during a 10-year rainfall event during and after construction respectively. Effectiveness values for the site during and after construction were calculated to be 83.6 and 98.4, respectively. These values demonstrate that the developed Erosion Control Plan contains at least the minimum amount of rainfall sediment on-site required during and after construction, therefore, the erosion control plan below meets the City of Fort Collins requirements. Performance Standard During Construction 79 Performance Standard After Construction 92.9 Effectiveness During Construction 83.6 Effectiveness After Construction 98.4 The Performance Standard and Effectiveness calculations may be found in Appendix G. An erosion control escrow cost estimate of $76,401 is also included in the Erosion Control section of Appendix G. The Erosion Control Plan is included with the approved construction drawings. 5.1 Ayres Associates 5. CONCLUSIONS This drainage and erosion control report and plans comply with City of Fort Collins standards and the Urban Storm Drainage Criteria. The drainage system is designed to convey the runoff to the designated on-site detention facilities and provides water quality treatment prior to discharging to said detention. A 100-year release rate of 4.93 cfs is used which is the less than the allowable release of 5.0 cfs. North College Area Market Analysis FALL 2005 Prepared by: PMG Associates, Inc. Economic, Marketing, and Management Consultants Prepared for: Community Planning & Environmental Services Advance Planning Department 281 N College Av/PO Box 580 Fort Collins, CO 80522-0580 Tel: 970-221-6376 Email: aplanning@fcgov.com Web: www.fcgov.com/advanceplanning Table of Contents Executive Summary...................................................................................................................................i CHAPTER 1 - INTRODUCTION...............................................................................................................1 1.1 Purpose.....................................................................................................................................1 1.2 Study Area ................................................................................................................................1 CHAPTER 2 - PUBLIC INPUT PROCESS ...............................................................................................7 2.1 Stakeholder Interviews..............................................................................................................7 CHAPTER 3 - EXISTING CONDITIONS ..................................................................................................9 3.1 Existing Businesses ..................................................................................................................9 3.2 Retail Sales Capacity ..............................................................................................................11 3.3 Demographics.........................................................................................................................14 CHAPTER 4 - STRENGTHS AND WEAKNESSES................................................................................15 4.1 Strengths.................................................................................................................................15 4.2 Weaknesses............................................................................................................................17 CHAPTER 5 - MARKET DEMAND.........................................................................................................21 5.1 Housing...................................................................................................................................21 5.2 Office and Industrial Demand..................................................................................................25 CHAPTER 6 - FUTURE PLANS .............................................................................................................27 6.1 Transportation Related Projects..............................................................................................27 6.2 Infrastructure Projects .............................................................................................................28 6.3 Encouragement of Stabilization and Diversification of Uses Restrictions and Controls on Detrimental Uses – Auto Related Uses ........................................................29 6.4 Residential Development ........................................................................................................31 6.5 Property Acquisition ................................................................................................................32 6.6 Incentives and Grant Programs ..............................................................................................33 CHAPTER 7 - FUTURE ROLE OF THE URBAN RENEWAL AUTHORITY...........................................35 7.1 Staff and URA Board...............................................................................................................35 7.2 Proactive Position ...................................................................................................................36 7.3 Roadways/Infrastructure .........................................................................................................36 7.4 ROW and Land Acquisition.....................................................................................................37 7.5 Direct Incentives......................................................................................................................38 7.6 Re-evaluation of Program .......................................................................................................38 EXHIBIT A - Study Area North College URA Market Analysis ◄ i ► Executive Summary This analysis of market demand for the North College Avenue segment of Fort Collins was conducted to help determine the area’s redevelopment potential, and to provide direction for the Urban Redevelopment Authority (URA) future activities. This analysis includes review of data regarding the area’s socioeconomic characteristics, growth potential, competition and constraints. In addition, community input provided insight into the dynamics of the North College area. NORTH COLLEGE STUDY AREA Analysis was conducted for the geographic area delineated by the boundaries of the North College Avenue Urban Renewal Plan. This study area is bounded by the Poudre River on the south and Highway 1 on the north, extending east and west about ¼ to ½ mile along an irregular boundary. Exhibit A is a map depicting this study area. MAIN FINDINGS: MARKET AREA & RESEARCH DATA Following are some highlights from the market research: • North College Avenue cannot compete with the activities in Fort Collins located south of the Poudre River. A Primary Market Area extends north from the river and Vine Drive to the State line. A Secondary Market exists in Wyoming. A City Market Area includes the City of Fort Collins as a whole. • Consumer spending in most categories is higher than national averages in the Primary and City Market Areas; and lower than the national averages in the Secondary Market Area. • Transportation expenses, which includes purchase of vehicles, service and accessories is significantly higher than the national average in both the Primary and City Market Areas. • The populations in the Primary and City Market Areas spend nearly as much on food eaten away from home (restaurants) as at home (from groceries). Entertainment spending is also very high. All of the household averages in the Primary Area are higher than the national averages. • The opening of Super Wal-Mart has generated a reduction of grocery sales in the North College Study Area of $3.6 million annually. • The population of the Primary Market Area spends $54.4 million annually on food away from home. • The population of the Primary Market Area spends $49.0 million annually on apparel purchases. The spending for apparel in the Primary Market Area is $2.5 million annually. This data reveals there is a net “loss” from the Primary Market Area of $46.5 million in this category. Those people living in the Primary Market Area make nearly 95% of their apparel expenditures outside of this study area. North College URA Market Analysis ◄ ii ► The population within the Primary Market Area spends an average of $1,562 per household on home repairs annually, which generates a Market Index of 121, substantially higher than the national average. The population within the Primary Market Area spends a very high percentage of the household dollars on Used Automobiles (Market Index of 147) and Boats and Supplies (Market Index of 180). The industry supplying the highest percentage of employment is Services, which is typical of most communities. The North College Study Area, however, employs a higher percentage of its workforce in Construction, Manufacturing and Wholesale categories. The most significant strengths of the area are the availability of land and the pending Dry Creek Flood Control Project, which will make the costs of developing the land more reasonable than in the past. The establishment of the URA and the effectiveness of the North Fort Collins Business Association are also significant strengths leading to future potential. Weaknesses exist in the area’s negative perception as well as the lack of a cohesive approach to the area’s development. MAIN FINDINGS: DEMAND Following is a summary of demand for a 5- to 10-year timeframe: Demand is good in the Primary Market Area for neighborhood and community shopping, with a focus on basic goods and services. Businesses in the North College study area could capture significant increased spending. This study area’s market, however, is vulnerable to development of new commercial areas which could reduce demand in the study area. Regional services generally are not likely to be attracted to this study area. However, one specific attractor which could draw from the larger region is outdoor goods and services. This sector could thrive based on the relationship to the Poudre Canyon and other recreation areas. Demand for a new shopping center is usually based on the attraction of an anchor such as a grocery store or department store. If a new grocery store does locate in this study area, it could be the basis for a shopping center. Otherwise, the development of additional retail commercial activity would be an extension of the existing facilities or strip development along College Avenue. Retail commercial activity would not likely develop as ‘grade A’ operations, but rather more basic services for the population in the immediate area and those who travel from the northern communities. Demand projections for the next 10 years are; Housing – 4,016 units (primarily 2- and 3-bedroom units) Commercial – 229,000 square feet Family restaurants (3-5) Apparel stores (2-4) Outdoor goods and services Personal services Home improvement Grocery (1) General merchandise North College URA Market Analysis ◄ iii ► • Upgrading the image and aesthetics of the North College area should improve the demand for services. The ability for the population both within and outside of the Primary Market Area to find the goods and services they seek in an attractive shopping area should have exponential benefits. More business activity itself breeds more business activity. MAIN FINDINGS: RECOMMENDED APPROACH & ACTIONS Following is a summary of recommendations for enhanced development and economic activity in the North College area: • The URA should take a proactive role in the redevelopment process, with collaboration and facilitation from City of Fort Collins staff. • A URA TIF Incentive Program should be developed that assists in the process of attracting desirable uses to the area. • A dedicated URA staff person should be assigned to the task of redevelopment of North College Avenue. • Standards and codes need to be reconsidered to fit the redevelopment situation. • The Vine Drive realignment connections should be completed as soon as possible. • The URA should move toward assembly of land for redevelopment purposes. • Undesirable uses, such as automobile-related establishments, should relocate off of North College Avenue frontage over time, possibly into other parts of the study area designed for such uses. These uses detract from the area’s values and do not add appropriate values or retail sales. • Development of mixed-income housing should be pursued for the area. • The URA program and City activity should be re-evaluated on a regular basis to measure success and redirect resources as required. North College URA Market Analysis ◄ iv ► North College URA Market Analysis ◄ 1 ► CHAPTER 1 INTRODUCTION 1.1 PURPOSE The firm of PMG Associates, Inc. (PMGA) was engaged by the City of Fort Collins to determine the market demand for development activity in the North College Avenue area. In addition, the analysis provides direction for the role of the Urban Redevelopment Agency (URA) and any other actions fostering a better business climate for the area. This study area is illustrated in Exhibit 1-1 which depicts the URA Area as well as the boundaries of Fort Collins. Exhibit C is an aerial photograph of the area. The demand analysis focuses on the area’s expected growth and the disposable income levels of the population residing in the community, or traveling through the area for other purposes. This analysis of demand demonstrates the amount of housing units the area can absorb, and the amount of commercial space the population can support. The recommendations for the role of the URA are based on the best management practices to encourage additional area development. The recommendations include policy issues as well as operational programs. This report also includes a section on Future Plans. These recommendations include potential changes in land use, density and other regulatory measures. 1.2 STUDY AREA The focus of this analysis is the North College Avenue Urban Renewal Plan area (North College Study Area). For analysis purposes, however, three Market Areas are designated. The market areas are divided into a Primary Market Area, a Secondary Market Area and City Market Area. The market areas are designated based on the potential influence on demand for North College. The Primary and Secondary Market Areas do not extend south of the Poudre River or Vine Drive into the Old Town area of Fort Collins. This decision is due to the separation of the existing market based on this geographic boundary. In addition, this analysis is based on the assumption that redevelopment will not be competitive to the remainder of Fort Collins. The nature of the community is such that it is not likely that significant competition is reasonable to expect. In other words, the Primary and Secondary market areas include no demand from the area south of the river or Vine Drive. Although some demand will occur from south of the Poudre, the amount is not significant for purposes of this report. North College URA Market Analysis ◄ 2 ► EXHIBIT B - North College Urban Renewal Plan Boundary North College URA Market Analysis ◄ 3 ► EXHIBIT C - Aerial View of the North College Urban Renewal Plan Boundary North College URA Market Analysis ◄ 4 ► Primary Market Area The primary market area is limited to the portion of Northern Colorado north of Vine Drive extending to the state line with Wyoming. This Primary Market Area includes the communities of Laporte and Wellington. These areas are included due to the lack of facilities in those communities. Exhibit 1-3 includes a map of the Primary Market Area. Secondary Market Area Many of the business owners in the North College Avenue Area have reported that one of the elements of their clientele comes from Wyoming. Observations by the Project Team have also confirmed the existence of this market. The Secondary Market Area begins at the state line and extends north of Cheyenne and Laramie. The demand from this Market Area will be limited due to competitive businesses. Exhibit 1-4 includes a map of the Secondary Market Area. City Market Area The City Market Area refers to the city of Fort Collins as a whole. This will include parts of the Primary Market Area from Vine Drive north to the city limits as well as the area south of the Poudre River south to the city limits. North College URA Market Analysis ◄ 5 ► EXHIBIT 1-3 Primary Market Area North College URA Market Analysis ◄ 6 ► EXHIBIT 1-4 Secondary Marker Area North College URA Market Analysis ◄ 7 ► CHAPTER 2 PUBLIC INPUT PROCESS The Public Input Process of this project was a very important task in the overall evaluation and outcome of this endeavor. The input from the public took three forms: interviews with stakeholders; meetings with the general public hosted by the City; and presentations to the North Fort Collins Business Association (NFCBA). 2.1 STAKEHOLDER INTERVIEWS A list of stakeholders to be interviewed was prepared in a cooperative effort between the City and PMG Associates, Inc. (PMGA). Interviews were conducted over two days of non-stop appointments. The desire was to select persons who were most knowledgeable regarding the business climate in the City and had an interest in the development of the area. Additionally, the list was developed so that a range of businesses and interests were represented. Over twenty-five stakeholders were interviewed regarding topics such as the positive and negative points of the study area, how they envisioned the area in 5 to 10 years, and what they thought were the priorities in the revitalization of North College Avenue. The results of the stakeholder interviews generated no real surprises. The concern was for a thriving business and residential district that needed repair and attention. The store vacancies, the overall “look/impression,” were of concern, but the overall outlook was positive. Each interview consisted of over twenty questions designed to uncover key issues regarding the NCA business climate and plans for the future. The results of the interviews revealed several key issues that were later incorporated into the analysis. Categories of comments include: • General Appearance • Business Climate • Facilities that are used • Problems and issues • Competitive Markets • Mixed-use projects • Residential and retail building needs • Parking and Transportation • Events and activities North College URA Market Analysis ◄ 8 ► North College URA Market Analysis ◄ 9 ► CHAPTER 3 EXISTING CONDITIONS This chapter contains an inventory of business activity, demographic data and spending patterns of the population. Relevant data is used in the demand analysis in later chapters. 3.1 EXISTING BUSINESSES The existing businesses in the Primary Market Area total 1,539 establishments with a total of 15,071 employees. The distribution of the business establishments in concentrated in the Services industry with 30.6% in this category. Construction and Retail follow in significance. The total distribution of business enterprises is found in the table that follows. A further breakdown of the establishments, along with Employment and Sales data is found in Table 3-2. TABLE 3-1 Business Establishments in Primary and Secondary Study Areas, and Entire City Limits PRIMARY AREA SECONDARY AREA ENTIRE CITY CATEGORY Number Percent Number Percent Number Percent Agricultural and Mining 102 6.6 120 2.3 157 2.5 Construction 239 15.5 400 7.7 446 7.1 Manufacturing 120 7.8 177 3.4 223 3.6 Utilities/Transportation 83 5.4 228 4.4 137 2.2 Wholesale 92 6.0 192 3.7 167 2.7 Retail 219 14.2 996 19.1 1,282 20.5 Finance/Insurance/ Real Estate 78 5.1 484 9.3 770 12.3 Services 471 30.6 2,039 39.2 2,755 44.0 Hotels 9 0.6 75 1.4 27 0.4 Public Administration 88 5.7 448 8.6 197 3.2 Non Classified 38 2.5 48 0.9 95 1.5 Total 1,539 100.0 5,207 100.0 6,256 100.0 North College URA Market Analysis ◄ 10 ► TABLE 3-2 Retail Sales Generated – Dollars Spent By Specified Population SIC Code Description Primary Area Secondary Area Entire City Units Jobs Sales Units Jobs Sales Units Jobs Sales All Retail 219 2,428 $336.7 996 13,247 $1,675.7 1,282 19,244 $2,264.6 52 Building Materials/Garden Supply/Mobile Homes 34 502 $82.8 78 1,085 $158.5 73 1,134 $184.2 53 General Merchandise 1 6 $0.7 22 1,946 $223.8 19 1,911 $223.3 54 Food Stores* 19 544 $88.1 76 930 $146.0 100 1,977 $306.6 55 Automobile Dealers, Gas Service Stations 31 275 $64.4 142 2,387 $656.0 95 1,764 $583.2 56 Apparel , Accessories 10 43 $2.5 61 286 $21.1 88 645 $44.3 57 Home Furniture, Furnishings and Equipment 29 281 $49.0 87 518 $95.0 179 1,533 $293.7 58 Eating, Drinking 37 564 $27.9 213 4,594 $225.0 333 7,261 $343.8 59 Miscellaneous Retail 58 213 $21.3 317 1,501 $150.3 395 3,019 $285.5 *Includes several establishments that are not traditional grocery stores. Removing these businesses reduces the Sales to $64.1 Data of Retail Sales activity from within the North College URA boundaries shows a decline over the past several years. This decline corresponds with the opening of the Wal-Mart. In addition, the decline has continued on an annual basis. This data corresponds to the North College Study Area only. This reduction illustrates the necessity of providing a concentrated program to improve the business potential of the URA area. North College URA Market Analysis ◄ 11 ► TABLE 3-3 Taxable Retail Sales – North College URA Area Source: City of Fort Collins TIME PERIOD NET TAXABLE GROCERY TAXABLE TOTAL 2001 $34,908,685 $16,836,908 $51,745,593 2002 $35,080,622 $14,617,452 $49,698,074 2003 $33,683,438 $13,849,927 $47,533,365 2004 $33,059,392 $13,260,825 $46,320,217 December 2003 $ 2,619,376 $ 1,085,030 $ 3,704,406 December 2004 $ 2,597,817 $ 1,022,773 $ 3,620,590 3.2 RETAIL SALES CAPACITY The measurement of Retail Sales activity for economic development purposes focuses on two aspects of the data: How much is spent by the resident population of Primary Market Area? and How much is spent within the Primary Market Area? The first question measures the retail spending activity of the people who live within the study area, regardless of where the spending occurs. The second question identifies the amount of retail activity within the Primary Market Area, regardless of where the customers live. Spending by Residents Data for this analysis was obtained from Claritas, a nationally recognized market data firm. This data reveals that the total retail spending by the residents in the Primary Market Area is nearly $409 million annually. TABLE 3-4 Spending By Residents, Primary Market Area, 2004 Source: Claritas Description Primary Area Secondary Area Entire City Total Retail Sales $408,942,654 $1,602,140,864 $1,790,412,494 Apparel and Accessory Stores $ 12,204,114 $ 39,249,743 $ 55,606,626 Automotive Dealers $ 98,981,072 $ 369,524,941 $ 421,348,636 Automotive And Home Supply Stores $ 4,393,351 $ 23,249,016 $ 19,213,664 Drug and Proprietary Stores $ 9,937,441 $ 27,908,861 $ 43,978,395 Eating and Drinking Places $ 40,021,278 $ 165,533,949 $ 177,133,806 Food Stores $ 55,196,776 $ 178,750,678 $ 236,953,997 Furniture and Home Furnishing Stores $ 11,272,399 $ 29,673,717 $ 50,584,403 Home Appliance, Radio and T.V. Stores $ 9,785,854 $ 20,618,594 $ 43,434,374 Gasoline Services Stations $ 26,982,675 $ 238,622,548 $ 114,814,362 General Merchandise $ 72,164,139 $ 228,132,880 $ 323,148,722 Hardware, Lumber and Garden Stores $ 36,217,280 $ 59,894,518 $ 165, 008,953 Miscellaneous $ 31,786,275 $ 220,981,419 North College URA Market Analysis ◄ 12 ► Further analysis of spending characteristics of the population occurs through examination of the detailed analysis of the Consumer Spending Patterns. This information, known as psychographics, relates how the population spends their Disposable Income. This data is useful in determining the best approach to addressing the needs of the population and providing the business development that they require. Data collected includes the total aggregate spending by category, Average amount per household and the Market Index. The Market Index relates spending compared to all other households in the United States. An index of 100 indicates that the target population is average with respect to the national average. The concentration of retail spending is as follows: TABLE 3-5 Consumer Spending By Category – Primary Market Area Source: Claritas CATEGORY AGGREGATE SPENDING ($000’S) AVERAGE PER HOUSEHOLD MARKET INDEX Transportation Expenses 98,924 8,462 125 Entertainment 65,884 5,635 114 Food at Home 64,266 5,494 105 Food Away from Home 54,388 4,652 102 Apparel 48,957 4,188 105 Health Care 37,967 3,248 92 Personal Items 36,219 3,098 101 Appliances 19,649 1,680 118 Household Repairs 16,177 1,562 121 Furniture 10,328 883 114 TABLE 3-6 Consumer Spending By Category – Secondary Market Area Source: Claritas CATEGORY AGGREGATE SPENDING ($000’S) AVERAGE PER HOUSEHOLD MARKET INDEX Transportation Expenses 296,076 6,776 100 Entertainment 192,701 4,408 90 Food at Home 212,606 4,866 93 Food Away from Home 169,835 3,887 85 Apparel 142,020 3,250 81 Health Care 117,315 2,685 76 Personal Items 113,709 2,602 86 Appliances 56,295 1,288 91 Household Repairs 43,708 1.393 88 Furniture 27,323 625 81 North College URA Market Analysis ◄ 13 ► TABLE 3-7 Consumer Spending By Category – Entire City Source: Claritas CATEGORY AGGREGATE SPENDING ($000’S) AVERAGE PER HOUSEHOLD MARKET INDEX Transportation Expenses 368,528 9,463 111 Entertainment 267,443 5,454 110 Food at Home 248,133 5,061 97 Food Away from Home 222,780 4,543 100 Apparel 202,253 4,125 103 Health Care 131,860 2,689 76 Personal Items 137,472 2,804 91 Appliances 72,733 1,483 107 Household Repairs 53,805 1,097 99 Furniture 38,387 783 105 A comparison of the various data sets reveals some important conclusions. • Most of the consumer spending is higher than national averages in the Primary and City Market Areas and lower than the national averages in the Secondary Market Area. • Transportation Expenses which includes purchase of vehicles, service and accessories is significantly higher than the national average in both the Primary and City Areas. • The populations in both the Primary and City Market Areas spend nearly as much on food eaten away from home (restaurants) as at home (from groceries). Entertainment spending is also very high. These household averages in the Primary Area are higher than the national averages. • The total spent on Groceries by the population in the Primary Market Area equals the amount spent in the establishments located in that area, even though Wal-Mart has drawn a reduction of Grocery Sales in the North College Study Area of $3.6 million annually. (The Primary Market Area does not include the Wal-Mart, which has proven to be a significant attractor.) There is probably an additional shift of sales to Wal-Mart from other portions of the Primary Market Area as well. A reasonable assumption for purposes of discussion, based on population, is 0.9 million. Therefore the total “loss” of Grocery industry sales to Wal-Mart is approximately $4.5 million. Since the sales in the area and the dollars spent by residents are equal, the Primary Market Area must therefore be attracting spending of approximately $4.5 million from the Secondary Market Area and other outside areas. • The population of the Primary Market Area spends $54.4 million annually on Food Away from Home. The spending at Eating and Drinking establishments in the Primary Market Area is $27.9 million annually. The establishments within the Primary Market Area likely attract customers from outside this geographic designation. It is not possible to measure the total amount of Sales at restaurants from outside the Primary Market Area. It is possible to make a general estimate based on a survey of workers in the Primary Market Area. This survey reveals that a total of $250.65 per employee is spent in the area. Multiplying this figure by the total number of applicable employees generates a total spending of $3.2 million by workers in the North College URA Market Analysis ◄ 14 ► area. Based on these figures, there is a net “loss” from the Primary Market Area of $29.7 million in this category. • The population of the Primary Market Area spends $49.0 million annually on Apparel purchases. The spending for Apparel in the Primary Market Area is $2.5 million annually. This data reveals that there is a net “loss” from the Primary Market Area of $46.5 million in this category. Those people living in the Primary Market Area make nearly 95% of their apparel expenditures outside of the study area. • The population within the Primary Market Area spends an average of $1,562 per household on repairs annually, which generates a Market Index of 121, substantially higher than the national average. • The population within the Primary Market Area spends a very high percentage of the household dollars on Used Automobiles (Market Index of 147) and Boats and Supplies (Market Index of 180). 3.3 DEMOGRAPHICS A review of the demographic data for the Primary and City Market Areas reveals that the populations provide significant spending capability. Although the area does not have a large population, the Average Household Income levels are sufficient to support retail activity. When combined with the city population and the higher Average Household Income levels the support for retail activity is even greater. In addition, the Median Value of the housing is reasonably high. TABLE 3-7 Selected Demographics Characteristics Source: Claritas Description Primary Area Secondary Area Entire City Population (2004 Est.) 30,748 109,350 126,473 Households (2004 Est.) 11,691 43,693 49,033 Household Size 2.62 2.63 2.45 Average Household Income $69,135 $51,491 $65,414 Median Age 36.76 33.60 29.64 Attended College 24.13% 24.86% 77.91% Employed Over 16 Years of Age 69.16% 59.73% 68.58% Average Commute 26.07 Minutes 16.69 Minutes 20.54 Minutes Owner Occupied Units 78.21% 63.72% 59.84% Median Value Housing $184,933 $132,196 $201,933 Median Year Structure Built 1978 1971 1982 Average Length of Residence 12 12 9 North College URA Market Analysis ◄ 15 ► CHAPTER 4 STRENGTHS AND WEAKNESSES A thorough review of the North College Study Area was undertaken as part of this report and when combined with information gathered through interviews and site visits, a well defined list of strengths and weaknesses of the area became apparent. 4.1 STRENGTHS Strengths bolster the area or provide obvious potential to enhance the area and its economy. These are items which the Urban Redevelopment Agency (URA) should expand upon and utilize in touting the benefits of developing or locating in the area. Strengths of a market need protection from forces that weaken them and expose vulnerabilities. Vacant Land As the major corridors of Fort Collins have been built-out, vacant land near the heart of the City has become scarce. The North College Avenue Area still contains several sizeable vacant parcels. From an economic viewpoint, the denser a commercial community, the more business it can potentially attract. Additionally, from the City position, a denser district should be more cost efficient to serve as infrastructure already exists. Under-Utilized Land Land with a small building on a large lot or that which has capacity for and is appropriate for additional stories but contains only a single story building, can be characterized to be in this category. Under-utilized land has great redevelopment potential. Inexpensive Land Compared to the remainder of Fort Collins, the vacant and under-utilized land is less expensive in the study area than elsewhere in the City. Unfortunately, part of the lower land cost is the result of additional obstacles to develop the land. If the URA works to help with development costs through grant programs, incentives and the undertaking of infrastructure-related projects that are extraordinarily difficult for developers, it would reduce development cost and encourage development on vacant and under-utilized parcels. Market that extends to Wyoming The overall size of the marketplace that would shop in the North College Avenue area is of significant size extending northward into Wyoming. This means that many shoppers will not do casual shopping but will spend significant sums in a single visit. The large market also provides for the most possible households to spend their dollars in the area, as outlined in Chapter 3. Rural Residential & Country Club Income Many of the people interviewed for this report commented about the high incomes of the residents of these areas. It was felt spending by these residents could be captured by the North College Avenue area if the appropriate goods and services were available. North College URA Market Analysis ◄ 16 ► Missing or Low Concentration of Many Business Categories There are clearly business types that are not located in the Study Area that those interviewed feel would be beneficial to the area. Review of market data supported this premise showing a leakage of spending to locations outside the area for such items as a family restaurant and apparel stores to name a few. This means that there is a market and thus opportunity for several different types of new businesses to locate in the area. Dry Creek Flood Control Project The completion of this project will significantly alter the floodplain in the North College Avenue area and will enable development without the significant costs associated with flood prevention (raising base floor height). The project will also significantly lower the cost of flood insurance for existing projects thus the cost of doing business in the area is also reduced. The Poudre River Many cities have utilized their riverfront areas for public space and trails that attract people and create an economic boon to the surrounding areas. The river can be an excellent amenity to an area while still maintaining its environmental integrity and beauty. Organized and Growing Business Group The North Fort Collins Business Association is a growing organization representing many of the businesses in the North College Avenue area. The group has regular meetings and has opened a clear, open-minded dialogue with the City. Interviews with the group members have shown that most clearly understand the forces working in the area and are preparing for change. This group has already proven to be an excellent source to disseminate information about renewal efforts. Old Town North Project at North College Avenue and Vine Drive This residential project will bring additional residents and energy to the area and promises to be an excellent example that new housing will work north of the river. One of the Last Opportunities On the Way to the Poudre River Canyon People looking to recreate or visit the canyon will stop to purchase items for their excursion in the North College Avenue area. This is actually one of the few reasons current residents living south of the river travel through the North College Avenue area. Existing Rail Lines The existing rail line through the North College Avenue area is appropriate for the industrial opportunities existing in this part of the city. It can be an excellent economic development tool if utilized in appropriate marketing to attract new industry and jobs. Strength of Existing Industrial Users The current industrial base in the area appears fairly stable and creates jobs. The light industrial on the east side of the area includes a significant amount of professional and technical jobs and should be encouraged. The west side of the area includes more manufacturing-type heavy industrial and are also providing significant employment. Creation of Urban Renewal Authority The activation of the North College Avenue project area will provide focus and funding for the wide variety of projects and programs that will need to be undertaken in order to enhance and update the area. The URA also has the opportunity to become the catalyst for the areas revival if utilized appropriately and focus remains on the key projects and programs. North College URA Market Analysis ◄ 17 ► Significant Planning Efforts to Date Several planning studies have been undertaken for the area already. While some updating is needed, and will be necessary from time-to-time, the City and URA have the necessary planning completed and are prepared for the implementation stage of revitalization. 4.2 WEAKNESSES Weaknesses are those items that inhibit the area’s growth, livability and economy and are a disincentive to investment as they can create uncertainty or additional cost to overcome. Weaknesses can be turned into opportunities that can become a source of increased benefits to the community. Vulnerability of Market The market area for North College Avenue current extends into Wyoming. While the size of the area is its strength, if anything is developed between the area and the state line, the market area will shrink which, in the short-run, will reduce potential spending in the Study Area. Negative Perception of the Area It is clear that residents living south of the river (and to some extent, those living north of it as well) feel they have no reason to patronize the businesses in the North College Avenue area. It is their belief that there is nothing there that they would need and that better opportunities exist elsewhere in the City. The perception of the area is that it has little to offer, has crime issues and is not the place to go. Street Design Most obvious on North College Avenue is the lack of sidewalks, curbs, curb cuts to direct traffic to specific entry points on each property, or any separation of traffic (i.e. medians). The roadway is in dire need of updating, access management, aesthetic improvements and pedestrian and bicycle amenities. This discussion of the pedestrian and bicycle amenities is provided to address some of the overall image issues related to North College Avenue. The pedestrian and bicycle population is not a real factor in the demand for commercial activity. Increased foot traffic will serve to promote the attractiveness of the area, which does benefit the overall commercial demand. Street Layout The area has poor connections throughout the area, few connectors that provide access across the river and no direct access to I-25 corridor. This isolates the area and various properties and inhibits good movement of traffic that would encourage potential business patrons to drive into the area. Poor Architectural Cohesion and Design The buildings in the area were constructed at various times and without any design standards. Additionally, many of the buildings were constructed with low rooflines and minimal building mass and/or size and with the most inexpensive building technology of their time. This has led to an area of buildings with low architectural value and appeal, and limited uses to the point of obsolescence in many cases. North College URA Market Analysis ◄ 18 ► Land Division The lots of the area significantly vary in size and depth. Many of the lots in the area are under-sized by current development standards, a situation which is exacerbated by the diversity of ownership of these lots. The smaller lots may require assemblage in order to reach their full redevelopment potential. In stark contrast, there are a number of lots on the west side of North College Avenue that are narrow and deep with minimal access to the rear portions. These lots may require division and roadway access to reach their potential. Current City ROW Requirements The City currently requires the dedication of right –of-way or easements to implement their roadway and utilities plans in order to receive development approvals. While these projects are necessary for the redevelopment of the area, they constitute additional costs and burdens on the properties and inhibit development. Lack of Landscaping Landscaping of the area is generally limited to the newer developments in the area. Landscaping within the right-of-way (future swales and medians), property perimeters and in parking lots is needed to eliminate the starkness of the area and add an inviting appearance. Overabundance of Low End Uses There is a high concentration of land uses that can have a detrimental affect on the area. Many of these types of businesses are notorious for outdoor storage or the use of “tacky and gaudy” attention getting devices and low quality buildings. The overabundance of a single type of use (i.e. automobile related uses) can take over an area and crowd out other uses thus providing a limited economy. Lack of Retail Mass While there is a fair amount of retail along the corridor, the area lacks the retail “critical mass” that will attract shoppers and create healthy competition. People will often shop in those areas that are most convenient. If an individual has several tasks to accomplish (i.e. get a haircut, food shop, buy repair items for the home, etc.) they will shop in an area where they can accomplish the largest number of these tasks. The North College Avenue area does not provide the variety and number of retail establishments to attract this user or provide for price competition. “Dead Zone” Between Cherry/Willow Streets and Vine Drive The zone on North College Avenue between these streets provides no activity or interest to someone traversing this area thus, pedestrian and bicyclists do not cross from downtown into the North College Avenue area creating a “dead zone.” A history of industrial and other uses that turn their backs to the river, combined with the current desire to keep the river “wild” through what has become an urban environment, effectively severs North College from downtown and the rest of the City. The river represents a barrier that people do not approach and cross, instead of being an amenity that can be enjoyed with buildings, windows, balconies, walkways etc. fronting along the river corridor. North College URA Market Analysis ◄ 19 ► Overabundance of Older and Dilapidated Trailers and Mobile Homes Trailers and old mobile homes have created unattractive pockets of ad hoc development. Additionally, they are an economically inefficient use of land for housing, as the older and poorly maintained trailers pose safety and compatibility issues for those who live in and around them. From a market perspective, the well-kept mobile homes in the mobile home park are not necessarily unattractive. Nevertheless, they are not preferable to permanent housing. Long term benefits would be realized by moving these units to permanent housing through the action of the market. More permanent structures would provide a safer and more attractive environment, and in the long term provide more stability to the provision of affordable housing. In general, property ownership should be encouraged as it generates a more stable population and demand. (Specific action to replace the mobile home park is not a recommendation of this analysis. There are more important tasks.) Lack of “Destination” Uses These types of uses are those that attract people to an area or property. Movie theaters, restaurants, and certain large retailers provide this type of energy that attracts people from outside the area. Temporary events such as shows, fairs, and other exhibits can also act as short-term destination uses. While visiting the destination use, people become aware of surrounding businesses which they will visit and spend money at during the initial visit or at some point in the future when they are in need of a particular service or product. Many Chain Stores/Restaurants Already Exist in the City While the residents and business people of the area have expressed that they would like the area to remain small business friendly and an incubator for local business, a limited number of compatible regional and national chain operations would attract additional patrons to the area and thus would assist in the promotion and well-being of the homegrown small businesses. However, a large number of such regional and national operations already have locations within the City. Often these businesses will not locate within a certain distance of an existing store fearing that they would be “cannibalizing” their own stores. Lack of Positive Identity/Common Marketing The North College Avenue Area lacks the positive appeal that attracts people to the area. Even newer developments are somewhat nondescript. Without common marketing and an area theme or image potential customers have little knowledge of the retail and service opportunities in the area and are inclined to do business elsewhere. North College URA Market Analysis ◄ 20 ► North College URA Market Analysis ◄ 21 ► CHAPTER 5 MARKET DEMAND Market demand for housing and commercial activity in the North College Study Area is based on the growth that is likely to occur naturally, and any improvements to the area that may also increase the market interest. Demand is measured in housing units and square footage of commercial space. Although data has been collected for both the Primary Market Area and the Secondary Market Area, the focus of this analysis will be demand from the Primary Market Area. The commercial demand that is generated from the Secondary Market Area is based, to a significant degree, from lack of facilities. People travel to Fort Collins to shop for goods not readily available. It is reasonable to assume that, over time, this market will be further reduced due to increased competition. It is therefore, not realistic to rely on this demand for the long-term. The Primary Market Area includes the Mountain Vista Subarea Plan area in northeast Fort Collins. That Plan envisions major development. The demand for housing, described in the following section, is based on general trends which do not account for the influx of a major new expansion area such as Mountain Vista. Therefore, the projections for housing do not include housing that could occur if the major obstacles are overcome in that area. For the commercial aspects of development, the Mountain Vista area will be reasonably self- sustaining for the basic needs of its future population. The commercial land uses in the project will be directed toward serving the population in the area, and employment development is also anticipated. Therefore, projections of commercial activity are assumed not to be impacted by Mountain Vista area development one way or the other during the study time frame of ten years. It is possible that the Mountain Vista development may generate additional demand for North College businesses, but it would be in addition to the demand discussed here and the impact is not expected to be significant. 5.1 HOUSING The number of dwelling units in the Primary Market Area currently totals 11,691. These units are primarily owner-occupied and carry a median market value of over $184,000. The housing stock includes a range of market types ranging from high end units near the Country Club, moderate priced single family units and trailers. The average age of the units is 27 years. Demand Analysis Several sources were considered when identifying demand for housing. The data source used throughout most of this report is Claritas, a nationally known provider of market related data. In addition, projection of population growth has been performed in other studies including transportation analyses and other planning documents. All available sources were examined to obtain a picture of the potential growth. North College URA Market Analysis ◄ 22 ► Claritas Projections of growth in the Primary Market Area average approximately 2% annually for the next several years. The strength of demand is expected to increase over time as the remainder of Fort Collins becomes built-out. Projections for the remainder of the City of Fort Collins generate an expected increase of 3% to 4% annually for the next four years. These figures underscore the assumption that the North College Study Area will trail development in the rest of the City for the next few years. After that time frame, however, it is realistic to estimate that the relative demand for North College Study Area will increase. Transportation Studies Projections of population growth have been performed for transportation planning services in several documents. The expected rate of growth for the North College Study Area is estimated to exceed 4% annually. Special Development Initiatives The projections identified earlier are based on incremental continuation of growth patterns in the general area. They do not account for any changes in policy or special new development initiatives. They reflect the conditions that can be expected if no significant action is taken to capture the demand. A change of direction, such as the provision of a new, more urban, mixed income housing project, will prove to capture demand for housing in the study area ahead of these projections. Affordable Housing Questions have arisen regarding the demand for Affordable Housing and its location in the study area. In simple terms there is always a demand for lower cost, or affordable, housing. Any such housing constructed in the Fort Collins area will be absorbed since many people will look for lower priced housing, if available. The question for this analysis should then be, “Should a concentration of Affordable Housing” be located in the North College Avenue Area? The desire of the community is to redevelop North College Avenue into a thriving economic generator. Placing a concentration of lower value uses in the area will subvert this goal. Development of a mixed income housing project will provide both lower and moderate cost housing without deflating the values of the entire area. University Housing Reports published by Colorado State University Housing address the need to provide an improved student housing inventory both in quantity and quality. A redevelopment of some of the current housing is planned with a replacement of older units. The plan also contains a projection for the addition of housing for another 2,700 students in the area. Based on current household sizes, it is estimated that this demand would generate a demand for another 900 student housing units. It is not anticipated that the student housing will be developed in the North College Avenue area. Rather, this demand by students will likely cause a shift in the market moving some of the non- student housing from near the University. Due to land costs and relative proximity to the core of the city, the North College Study Area could be a good location for some of these replacement units. North College URA Market Analysis ◄ 23 ► Demand Calculations The demand for new housing units, based on incremental growth, in the Primary Market Area is assumed to be 2% annually for the next three years, increasing to 3.5% over the remainder of the next ten years. This estimate generates a demand of 3,566 dwelling units in that time frame. Demand for persons displaced by increasing student demand is included based on an assumption of 450, or half of the 900 new units assumed to be demanded. It is assumed that the persons displaced would want to stay as near as possible to the older location. An improved North College seems to be one of the few choices. These units will be required in the next few years. The total demand for the Primary Market Area is thus 4,016 over the next ten years. Not all of these units will be provided in the North College Study Area as development pressure would likely occur in locations outside of the boundaries. Further development of neighborhoods to the north and east of the district could occur, and development in the LaPorte area as well as Wellington could absorb a portion of these units. These estimates note that, if housing product were provided, the Primary Market Area could support the demand for the approximately 4,000 dwelling units. Most of these units will be either 2 bedroom or 3 bedroom dwellings. There may be a small amount of 4 bedroom units as well as 1 bedroom and studio apartments. The mix of single-and multi-family units will depend on location. Within the Study Area, new housing on the west side of College will be multi-family, and additional new housing on the east side may continue to include single family and other ownership housing. Commercial Demand Although the new housing will not exist exclusively in the North College area, this fact should not have a negative impact on the commercial activity. Residential areas outside of the Study Area already use North College for shopping purposes as it is the closest shopping area. In addition, the concentration of new units will funnel more traffic and activity into the North College area. The result is much of this new demand will remain in the North College area. Specific Business Demand The demand for commercial activity is based on the needs of the population in the PMA and the competition provided from other destinations. Based on psychographic information, several types of additional new businesses would be most beneficial for the North College Avenue and would be supportable by the population. These business types are: • Family Restaurants (3-5) • Apparel Stores (2-4) • Outdoor Goods and Services • Personal Services • Home Improvement • Grocery (1) • General Merchandise Several types of businesses should NOT be considered for expansion directly on the North College Avenue corridor. These uses can be provided in the industrial areas that exist off of North College Avenue. This recommendation does not consider the elimination of any of the existing businesses of this nature. However, approval of new uses should be restricted in location. The list of restricted uses includes: • Auto Related Sales and Services (including Boats, Trailers etc.) • Open/Outdoor Storage North College URA Market Analysis ◄ 24 ► Retail Demand The demand for retail uses in the Primary Market Area is based on an analysis of the retail dollars spent by the population and the retail business conducted in the Primary Market Area. It is well documented that some “leakage” of retail sales occurs. The population of the Primary Market Area does most of the shopping in businesses located outside of the Market Area. However, it is also known that people come into the Primary Market Area for retail purposes. Clientele from Wyoming frequent the businesses in the district. There are also a few destination businesses that attract clientele from areas both north and south of the study area. To estimate the net retail sales, data from Claritas was reviewed to determine the activity of the target population. For this analysis, the ratio of retail sales in the Primary Market Area is found by dividing the dollars spent in the study area by the total funds available. The leakage outside the Primary Market Area is measured as a “net amount”. Since the retail considerations for the area are for general spending, hard goods are subtracted. Items such as new cars, appliances, furniture and other products that usually have specialty stores were extracted from both the retail demand numbers and the retail sales numbers. The result is that the population of the Primary Market Area spends a total of $288.9 million annually on retail items. Retail Sales within the Primary Market Area for the same categories total $199.3 million annually. This figure must be reduced by the estimatable spending from population outside of the Market Area. One portion of this estimate is spending by employees who work in the Market Area, but live outside. Based on a survey of workers in the area, the estimate of the spending from this group is $30 million. The other significant spending from those outside of the Market Area are those who patronize the “attractor” businesses such as Jax. The estimate from this group is $17.5 million annually. Therefore, the spending from the population of the Market Area can be no more than $151.8 million. These figures indicate that there is a “net leakage” of $137.1 million from the Primary Market Area each year. Based on these numbers, the businesses in the Primary Market Area capture 47.5% of the general Retail Sales of the target population. The next step in the calculation is to determine the amount of retail spending per household. Data from Table 3-5 was used to make this estimate. Since the estimate is only for general retail items, large expenditures for hard goods were eliminated. Again, spending for Furniture, Appliances and Vehicles was extracted from the total. To account for Gasoline Purchases, only 25% of the Transportation Expenses were included in the household total. The result was a total average household Retail Sales total of $29,993. Converting the amount of Retail Sales into square footage occurs by dividing the total sales figure by an appropriate amount of sales per square foot. Figures from shopping center guides and other documents reveal that a figure of $250 per square foot is a realistic estimate of the amount of space required to serve the retail activity. The estimate of the amount of retail space required to meet the demand of the Primary market Area is 229,000 square feet, or approximately 26 acres. North College URA Market Analysis ◄ 25 ► TABLE 5-1 CALCULATION OF RETAIL SPACE DEMAND Units Household Spending Total Spending Captured Spending @47.5% Square Footage @$250/Sq.Ft. 4,019 $29,993 $120,541,867 $57,257,387 229,010 5.2 OFFICE AND INDUSTRIAL DEMAND The area is conducive to such uses if located properly. However, there is no real measure of the amount of space that will be demanded by office and industrial uses. Offices have been successful in the area to the east of North College Avenue. Light Industrial has also been developed in the eastern portion of the district forming a small de facto business park with engineering and other scientific uses. Heavier industrial uses have traditionally occurred in the southwestern portion of the district. The location of these uses has been generated because of rail access. Infill uses of similar nature should continue to develop along these lines to increase the work force in the area. North College URA Market Analysis ◄ 26 ► North College URA Market Analysis ◄ 27 ► CHAPTER 6 FUTURE PLANS PMG Associates, Inc. review of existing information, market analysis and various interviews have indicated projects and programs that should be a part of the future plans for the Urban Renewal Authority (URA) to undertake over the course of its lifetime. These projects will significantly impact the economy and/or aesthetics of the North College Avenue Area. Additionally, the undertaking of these programs and projects will lead to a sustainable district that will include enhanced livability for residents, a more vibrant, diversified and stable economy, and an area that will be a source of civic pride for all of the members of the Fort Collins community. The projects and programs are listed below with a brief overview and description of the effects of undertaking of the project/program upon the Study Area. 6.1 TRANSPORTATION RELATED PROJECTS The following projects are currently in existing plans of the City, Metropolitan Planning Organization (MPO) or Colorado department of Transportation (CDOT). Rebuilding of North College Avenue The roadway has been devoid of investment for a significant period of time. It needs rebuilding to include curbs, gutters, drainage, sidewalks, bike lanes, parking lot driveways, landscaped medians, and clear turn lanes and bus pullouts. Additionally, utilities should be placed underground to the greatest extent possible and parking lots on the private properties should be connected to alleviate the need to enter the highway to travel to a neighboring business. The undertaking of this project will significantly alter the landscape of the area and provide for more efficient movement of vehicles, pedestrians and bicyclists to and through the area. This project will also signal significant public investment in the area that will encourage further private investment. The private sector is attracted to long term public enhancements whereas they are less inclined to invest in an area where public space is in disarray or shows signs of neglect. Vine Drive Realignment This proposed project would provide additional lanes for traffic and replace the somewhat residential and non-descript character of the existing Vine Drive as it enters the North College Study Area. The newly enhanced roadway will then provide an efficient, direct and appropriate route for vehicles to travel to and from points east. The new configuration and traffic patterns will provide additional access to the North College Study Area and should result in additional traffic and customers to the area. North Mason Street Extension This project is more than just a transportation project. In fact the transportation enhancement actually takes a secondary place to the need to divide the narrow but deep lots located on the western side of North College Avenue. The division of these lots with a street will provide additional frontage on which business can be located, will provide easier access to the deeper lots and will make appropriate development of these lots with the potential for multiple users possible. This, in turn, will increase the value of the properties by adding commercial density and providing the opportunity for full utilization of land that is currently under-utilized. North College URA Market Analysis ◄ 28 ► A mixed use and secondary commercial corridor will be created that will house businesses not in need of the full benefit of the traffic on North College Avenue (as exists on Mason in the southern end of the City). Additional benefits to the project will also include the ability to create utility easements for water/sewer and electric lines. In the area there are currently utilities underground that are not located within appropriate easements. New easements will provide for full, legal access to these utilities and will allow the City to place electric lines underground thus protecting the integrity of the system and enhancing aesthetics. Transportation benefits of the parallel roadway include better access for delivery traffic thus enhancing traffic movement on North College Avenue. Other Roadway Projects While not as critical or top priority, other projects within the street network envisioned by the City should be undertaken for full traffic flow. The URA should only be proactively involved if there is an opportunity to undertake a project that no other agency can take advantage of such as; the sale of a piece of land necessary for ROW, or the ability to garner a grant for roadway construction or to take advantage of a new development in the area. 6.2 INFRASTRUCTURE PROJECTS Under-grounding of Electric The North College Study Area is one of the last areas of the City where electric utilities have not yet been placed underground. While not a priority project, the URA should take advantage, if an opportunity presents itself, to assist the City in obtaining the necessary easements to underground these lines. “Under-grounding” will not have a significant return on investment; however, the effect on aesthetics is dramatic and adds to the attractiveness of a neighborhood. Again, the URA should not make this a priority, however if opportunities present themselves to include “under-grounding” in one of the roadway projects or by the purchase of a parcel of land or easement rights, the URA should avail itself of the opportunity. Water/Sewer Easements Some of the area’s older water/sewer lines were installed without having their locations placed in recorded easements. This can cause significant service disruption should an owner not allow the utility on their property to repair or replace underground equipment. This can be detrimental to continuity of service and only one such disruption can give the entire area a reputation for unreliable service. This would significantly impact the attraction of new users and developers. This item is not a top priority, however, much like the “under-grounding” of electric; the URA should take advantage of opportunities that may arise to relocate lines into recorded easements or obtain easements when purchasing land, granting incentives or through any other means available. Additional Drainage Projects While current efforts to divert water upstream in the Dry Creek Basin will make a significant impact on the entire Study Area, individual property owners will still need to prepare for storm water drainage when a vacant parcel is developed. The URA should investigate potential projects such as communal drainage, or additional shared storage projects that would alleviate some of the need for on-site storage for new development. This would allow for more efficient use of the land for development that does not have its landscape dotted with detention ponds or areas. The efficient use of the land will mean greater return on investment for developers/users and thus they will be more likely to undertake projects. North College URA Market Analysis ◄ 29 ► 6.3 ENCOURAGEMENT OF STABILIZATION AND DIVERSIFICATION OF USES Restrictions and Controls on Detrimental Uses – Auto Related Uses It is obvious that automobile related uses are beginning to overtake the economy of the North College Avenue Area. The URA needs to encourage (or even cause to be written) new controls and restrictions on the placement and design of these uses. While viable and necessary, used car sales, car washes, auto repair, and auto parts stores have begun to dominate the economy and image of the area. This has the effect of crowding out other retail establishments and discouraging the location of other types of uses. Design standards to soften the appearance of these uses so that they appear more like general retail establishments, and the use of controls such as conditional use permits can encourage these uses to disperse throughout the entire City, and not continue to dominate the North College Avenue marketplace. Additionally, property standards and controls would prevent many auto-related uses from over-parking vehicles on their lots, storing parts and merchandise in an unsightly or untidy manner out of doors, and competing for attention with banners or other displays which detract from the area’s image. The reason for a recommendation to limit or reduce automotive related uses on College Avenue is that they do not generate significant value and retail numbers for the area. Although the Primary Market Area has a high index for the purchase of used cars, this use is not desirable for location along North College Avenue frontage due to its detrimental impact on the economic conditions of the area. Sales taxes from used car establishments are allocated to the jurisdiction where the purchaser is located, not the municipality where the sale is made. Used car establishments do not produce high property values since they typically have minimal improvements to the property. The aesthetics of the establishments are also typically poor. Used car facilities also do not usually have much spin- off business to other establishments in the vicinity. These reasons make used car dealers a particularly unattractive land use for North College, particularly along the primary street frontage. Also, automotive service establishments that have outdoor storage or open bays facing the street detract from the value of the area. To accommodate the relocation of automotive service uses off of College Avenue, the URA and the City of Fort Collins should look toward finding a suitable location for these uses. The high demand for used cars in the Primary Market Area can be met with a centralized location for these uses off of North College Avenue itself. The location of used car establishments in other parts of the City proves that they can thrive, even if not located on major arterials. Certain auto services–car washes are the main example–may need high visibility for impulse patronage. If so, bays should be sideways to street and appearance mitigated. Within the URA area, there are apparent location options for this type of uses. One is the Industrial area in the southwest portion of the district (near Hemlock or Hickory Streets). Another option is east of College Avenue in the general area of Conifer and Bristlecone Streets. These areas are identified here as general possibilities and do not reflect any specific plan for relocation. In addition to location issues, some special conditions may be worthwhile to address other issues noted above. There is no suggestion to proactively try to displace existing uses of this type. The market may determine a shift over time. In the meantime, Code standards to mitigate impacts and integrate these existing uses should be enforced. Restrictions and Controls on Detrimental Uses - Tax Exempt Uses The URA also needs to insure that only a fair share of non-profit and government users are located in the area. Often these types of users will locate in an area because of inexpensive land (something that exists in the North College Avenue Area). However, if a high concentration of these users present themselves, they will negatively impact the tax increment collected and thus the funding for the URA. Every community needs the services provided by government and non-profit North College URA Market Analysis ◄ 30 ► organizations, and in fact, the provision of such services adds value to a community and thus dollar value to property, however, much like any business type dominating a local economy, the location of too many of these users in one area can have negative affects. Attraction of New Users, Specifically a “Destination” User The URA should also endeavor to attract to the area uses shown in Chapter 5 (Market Demand) to have great potential to capture spending that is currently “leaking” out of the market area. This attraction effort should also strive to attract a “destination” use such as a movie theater, large specialty retailer or restaurant that will serve the residents of the market area as well as attract others from outside the area (particularly those who reside south of the Poudre River). This would enlarge the market and bring additional dollars into the area and effectively be free advertisement for other non-destination uses in the area. One of the potential “destination” users is a one-stop shop for outdoor gear, equipment and supplies. This concept is something similar to the Bass Pro Shops and the “Outdoor World” segment of their organization. Recently, one of these destinations opened in Denver to tremendous success. Other similar facilities around the country have also been incredibly successful. The North College Avenue area has several outdoor activity establishments, including possibly the single most successful entity in the area. However, a facility with the overall comprehensive supply of goods and services to the outdoor recreation market is not provided in an experiential, entertaining format. Included with the retail sales of hunting, camping and other outdoor recreation equipment should be rental opportunities, guided excursions and more full-service operations. The facility should prove to be a magnet for outdoor enthusiasts from throughout Northern Colorado, Wyoming and other neighboring locations. Attraction of New Development The URA must also create new relationships with real estate brokers, investors and developers and insure that local real estate brokerage and development communities fully understand and comprehend the plans and direction the URA is seeking to take the area (see Chapter 7 for more detail.) Good, responsible developers understand that their project will be part of a community and that participating in the long range plan will add value to their project. Discussion with these professionals in the initial stages will attract a handful of the “pioneer” investors. These investors are the ones that will see the plans and see the potential value to them in future area development. The “pioneer” investors are the people who will undertake the first few projects when no one else will. As these projects progress they will show others that there is return on investment to be made and they will then be convinced to invest their money as well. Continuation of Light Industrial/Office The users in the Blue Spruce area appear to be stable office and light industrial users with even the light industrial appearing to be more research related with more professional level engineers rather that of manufacturing labor jobs. There still remains some vacant land in this area and it would be appropriate for the URA to attract similar users. Businesses such as the existing office will continue to bring higher wage earning jobs to the area and add more buying power during the day and will boost the business community. This is also the group that will assist in the attraction of family restaurants as office workers are given long enough lunch breaks and has a high enough wage to afford to patronize these restaurants at lunchtime. One of the keys to survival for a family restaurant is to have a lunch crowd to provide full-day income. It is also these workers that could drive demand for the residential developments to be discussed latter in this section. Continuation of Heavy Industrial The existing heavy industrial users located between North College Avenue and the railroad tracks in the southwest section of the Study Area appear to be fairly entrenched and stable. These users are North College URA Market Analysis ◄ 31 ► providing some excellent jobs and appear to assist the economy in exporting their products to locations outside the area marketplace (the importation of money into an economy is one of the key goals to grow and expand). The amenity of the rail lines has benefited some of them and this success can be utilized in attempts to attract similar users. The rail lines make an appropriate buffer between these heavier users and adjacent dissimilar land uses. This (heavy industrial) use should not be expanded beyond its current boundaries, however, infill use of vacant lots and any unused buildings would be appropriate. The attraction of new heavy industrial users will provide more lower or non-skilled jobs, providing opportunity for some of the areas lower-income, less educated workforce. Development of the Poudre River as a defining theme During the Strengths and Weaknesses discussion, the Poudre River was identified as falling into both categories. As a redevelopment strategy, a program to enhance the use of the River could be a valuable tool for both North College Avenue and the rest of the City of Fort Collins. The use of North College as a stepping-off point for outdoor recreation in the Poudre Canyon has already been discussed. The companion strategy should be to develop the urban river portion as it passes through Fort Collins to make it a gateway to North College. The development of a “Riverwalk” concept with shops, restaurants and community areas taking advantage of the River and its scenery has worked well in many other areas of the country. It is well understood that sensitivities toward the natural environment must be included in any development. However, a program that captures the opportunity can and should be pursued. Any such “Riverwalk” development would likely begin on the south side of the River closer to Old Town. This development may likely be part of the overall DDA program. However, more complementary development on the north side of the River is also possible. This action would require the clean-up of uses along Vine Drive to make a more attractive destination and a better southern entry to the Study Area. The new housing development north of Vine Drive would assist in providing a market for the area and a consistent attractive neighbor. 6.4 RESIDENTIAL DEVELOPMENT Residential Attraction While not spending money directly to attract development, URA board members, staff and supporters should go out of their way to attract or support new rooftops that will bring people with disposable income. This will bring more buying power to the area and increase viability of the business district. Besides housing within the Study Area, it would be beneficial to have more housing development in the areas to the west and north of the Study Area, where North College Avenue would be on the daily route for new residents and shopping the area would be more convenient than any other shopping area of the City. It is recognized that there may not be a forum for the URA to be directly involved in land use decisions outside the Study Area. Within the Study Area, the URA should act as a middleman in the attraction of developers to pursue the addition of housing. The projects that are in the planning stages for the study area are a good example. The URA could also facilitate the assembly of property to encourage the housing projects. Another approach would be to speak with existing property owners to encourage them to explore the housing options. Mixed Development for Existing Motel/Mobile Home Areas There are currently several developments, most notably the old motels, trailers, and mobile homes that serve as low income and transient housing. It is obvious that age is beginning to take its toll on the quality and safety of this housing. North College URA Market Analysis ◄ 32 ► One recommendation for future housing is to develop permanent, mixed income, multifamily neighborhood product on the west side of North College Avenue. This area would likely include a redevelopment of some of the motel and trailer uses into the housing development, and possibly mobile home park uses as well. There are currently no plans for such redevelopment. However, such consideration should occur. Discussions with current property owners indicate that such a potential could be considered, if the proper value was received for the land/or and the returns on investment would be sufficient. The provision of a mixed income project could include affordable housing for those currently residing in the trailers and mobile homes yet still have room for more residents. The attraction of new residents with greater income would add additional spending power and thus bolster the local business economy (attraction of new residents always has such an affect) and studies have shown that when people of mixed income share a common living situation, it is the lower income residents whose situation, for various reasons, is enhanced. This is the rationale behind the growing trend of inclusionary housing programs and the elimination of concentrated low- income housing projects across the nation. The URA could participate in such development through the purchase/assembly of land, seeking out HUD or other housing grants to assist in subsidizing the private sector development of such a project, or through the marketing of a project. The mixed income housing discussed here would be a good project to explore possible partnership with the existing Affordable Housing program. Regarding the senior mobile home park, in the long run, it would be best to redevelop this housing into more permanent housing. No specific public action is recommended to accomplish this, but the market may work to accomplish it over time. 6.5 PROPERTY ACQUISITION Property Assembly There are many small and/or single user parcels that are significantly underdeveloped and/or too shallow for modern development that meets the needs of users and all the requirements of the City land use and zoning ordinances. In order to create an opportunity with enough physical space and income potential for a developer to undertake the project, there must be a reasonably sized parcel available. In order to have these parcels along much of North College Avenue (and along the Mason Street Extension if it is ever constructed), there must be an assembly of the smaller parcels into a larger parcel. In any case, land assembly will provide for more efficient use of land, better traffic flow (due to reduced need for access points along the roadway) and will provide for quicker redevelopment to happen. The URA should monitor the area and locate willing sellers and attempt to assembly land via options or outright purchase using TIF (described further below). Purchase of Land Options The URA could approach land owners within an appropriate land assembly area and offer to purchase options on the land. For a modest price (from $500 to $5,000 for example) a contract is drawn up that allows the URA the first option to buy a parcel if and when the owner chooses to sell the land. This option could be at some pre-determined price (i.e. average value of two independent appraisals) or it could be to match another offer. Either way, options can have the effect of assuring future assembly without much out of pocket cost. It is also important for the URA to include in any such contract the right to sell the option to a third party. This would allow the URA to sell its interest to a developer that would like to acquire the property (either an individual property or the entire assembly) without having to actually come up with the money to purchase or take title to the property. North College URA Market Analysis ◄ 33 ► The Developer RFP Most commonly, a redevelopment entity will purchase parcels and hold them until such time as there is enough land to issue a developer request for proposal (RFP). The URA would then issue an RFP and select a developer to undertake a project either on his/her own or in partnership with the URA. The RFP could have conditions attached to it as to what the URA wants on the land in terms of appearance or use. This is an excellent land disposal method as the URA would be in full control of what is built on the site. Owner Participation Assembly In this situation, the URA can take the lead role in convincing adjoining property owners to pool their land for sale or the URA could assist in preparing a developer RFP for or with the owners for the sale of their land. The benefits of this scenario are that the URA need not come out of pocket for the purchase price of land as the land will remain with the owners until the developer takes title. A concept, beginning to gain acceptance in the redevelopment experience, is the establishment of a joint venture with property owners in a target area. Under this approach, the individual property owners contribute their land to a corporation and receive an equity position based on the value of the property. The combined property can then be redeveloped in a more functional and productive pattern. Each property owner then shares in the profits gained by the corporation. They also have the ability to relocate their old business in the new development. This mechanism allows for redevelopment of the smaller parcels due to the pooling of resources. The land is more attractive and can also generate interest from a master developer who could join in the corporation. Some Federal programs such as through the EDA have expressed interest in this concept and could provide some grants or low interest loans. The continuation of ownership and the existing businesses is attractive to these groups. 6.6 INCENTIVES AND GRANT PROGRAMS Direct Developer Incentives The URA should develop a package of TIF incentives in order to reduce development costs and encourage new development/redevelopment. This incentive program should identify the needs and desires of the URA and provide various incentives at pre-determined levels based on the number of URA criteria that are met by the project. For example a point system could be created and under various point ranges, the developer would qualify for increasing value incentives. Therefore, the greater the points generated by a project, the greater the incentive that can be provided. Points could be awarded for such items as efficiency of land use, locating a desired user in the desired location (i.e. an office user in the Blue Spruce area), additional design amenities in the project, appropriate access management, the granting of easements or ROW, excess stormwater drainage capacity that can be used by others. Virtually all of the URA needs can be addressed by a point system and incentives awarded accordingly. Incentives could take many forms such as the URA reimbursing the owner for required roadway capacity improvements, the granting of excess stormwater drainage capacity under the control of the URA, the rebate of money equal to permit and approval costs, or simply a flat percentage of the tax increment generated by the property. These incentive awards could be flexible either being provided at the time the cost is incurred or divvied up over a period of years so that the URA need not come out of pocket for the incentive but can pay it as the tax increment generated by the project is received by the URA. These incentives will attract investment as they will reduce the development or short term carrying costs on a project. Investors will utilize such a program and it will speed up the timeline for full development/redevelopment. An important factor to note is that not every project should be granted incentives. Only those projects that meet the needs and the desires of the URA should be assisted. Additionally, the purpose of incentives is to “get the ball rolling.” Once developers have found the area and realize profit North College URA Market Analysis ◄ 34 ► potential, they will come. Therefore, it is important to realize when you no longer need to offer incentives and the program should expire. Incentives may be provided in the form of grants or low interest loans. Programs may be best implemented as a revolving loan program where the repayments generate funds for a new set of loans. Property Improvement Grants or Loans – A staple of most any revitalization effort is the property improvement grant usually in the form of façade improvements. A program should be established that matches a property owner’s investment in an improvement that enhances the aesthetics of their property and adds assessed property value, if the property fits the overall plan and vision, and is not needed for right-of-way or other key land assemblage. The program should be capped at a certain amount per parcel. This cap can be a sliding scale based on building size, frontage size, or building value or it can just be a flat amount for any property. It is critical that it be a matching program (often a program will match on a dollar-for-dollar basis) to insure that the owner also has a stake in the project. The program should allow for any improvement to the property or addition of an enhancement feature that does not currently exist on site. For example, funds could be made available for upgrading of landscaping. The money should not be used to pay for required landscaping that has died or for maintenance of existing landscaping, but only for additional landscaping that has not and does not exist on the site. It is important to have standards that must be met in these programs such as a certain architectural style to promote a common architectural theme in the area or a certain size landscape buffer or number of trees per certain number of feet. Property improvement programs are an excellent opportunity to enhance buildings that may look older and “tired” but are not functionally obsolete or undesirable. These programs are usually geared to smaller property owners and thus allow for the small business person or the “mom and pop” operator to participate and gain value from the URA as well. Once a certain number of these projects have been undertaken, often adjacent property owners will begin to clean up and upgrade their own properties in order to keep their properties competitive. This has the effect of raising the standard for the appearance of property and can significantly enhance both value and aesthetics of the area. Low interest loans can be provided as well as grants. The program may be best implemented as a revolving loan program where the repayments generate funds for a new set of loans. Future Development Scenarios This analysis does not attempt to designate any specific use for any specific property in the Study Area. The recommendation to relocate the automotive uses off of College Avenue appears feasible to do with properties within the URA boundary. Additionally, the new housing and commercial activity can also be accommodated. Final determination of any location of use should be decided by the Planning process and in cooperation with the property owners. North College URA Market Analysis ◄ 35 ► CHAPTER 7 FUTURE ROLE OF THE URBAN RENEWAL AUTHORITY It is important that the role of the URA be clearly defined. A clearly articulated mission and roles for those involved in the redevelopment process will serve to define responsibilities, prevent overlapping efforts and insure that no project is neglected. 7.1 STAFF AND URA BOARD A key component to the future success of the North College Avenue redevelopment efforts is the appointment of a dedicated staff person for the URA. This assignment insures continuity of the redevelopment message and appropriate coordination of efforts. The staff person’s mission would be to champion the projects and efforts of the URA as outlined in the URA plan and other documents as defined by the Plan. The staff person would also be responsible to be the advocate for any adopted policy or position of the URA Board regarding matters that affect the area. This would include protection of the Plan integrity or the position of the URA Board in various matters such as land use/zoning requests, development proposal review and any other discretionary land or policy decision of the City or other governmental entity. This person would be the daily “go-to” person for anyone looking to develop or locate to the area and would be the collector and librarian of all information on the area. While it should be the directive for all those involved in the URA and its activities to play a champion role and tout the area, the plan and vision, the staff person should be the standard bearer of these efforts. Staffing is expected to come from TIF. The question of a mil levy to cover staffing has been asked, however, Colorado URAs do not have the ability to levy taxes. A liaison with the development and real estate communities is an important factor in making progress. One of the functions of the URA and the staff is to actively seek companies and projects to locate in the area. Defining the needs of these groups and matching them with locations in the URA area will provide a business and development friendly atmosphere. Additionally, the URA should act to speed up the development design and review process. The Board of the URA should play the role of policy maker and should provide clear and concise direction to staff regarding the priority of projects and programs and should provide leadership that clearly states the future the Board envisions for the Renewal Area. Most of all, the URA Board should insure that everyone remembers the purpose and needs of the area as well as the desires of the area residents and businesses when advocating for or against future development/redevelopment. It is absolutely vital to remain true to the plans and purpose set out for the URA. It is also critical to periodically review Plan for their applicability as economies and trends change. When it appears that a long term condition has changed, modification to the plan should be made accordingly. These modifications should be made with the big picture in mind and should not merely be made to accommodate a single, proposed project because it is “better than what we have now.” Losing sight of the original intent and opting for this type of lesser project will in the long-run, undermine the redevelopment efforts and lead to an area that becomes the modern version of the existing economy, with no solution to the true, underlying problems facing the area. Questions have been raised about options for the provision of a staff person for the URA. One suggestion is that a member of the Planning Department be assigned this role. Another was to North College URA Market Analysis ◄ 36 ► contract with an outside organization, and one such suggestion was the DDA. If the position is funded through the Planning Department, the person filling this role must have experience in the nuances of planning approval process, and also have expertise in financial aspects of development and an overall understanding of how business development works. If the position is placed with some other outside organization, a definitive contract would be critical to overcome the shortcomings of such an arrangement. The contract must define the role of the staff person and the commitment in hours or percentage of time necessary to fulfill the functions for the URA. The staff person cannot have a secondary loyalty to the URA. The needs of the URA must come first. Such a contractual arrangement would be a last resort only if the URA is unable to hire its own staff using TIF. 7.2 PROACTIVE POSITION While one often thinks of redevelopment as a public undertaking, it is, and should continue to be, the role of the private sector to redevelop and rebuild an area. The role of government should be to remove obstacles that prevent the private sector from investing in and undertaking redevelopment. These obstacles can be generally defined as anything that reduces the profit potential below an appropriate return on investment. This can be manifested in such things as increased cost of longer timeframes (as delays cost money), public infrastructure, land assembly, or other extraordinary cost complications. Additionally, obstacles can also be defined as those conditions that would prevent or appear to prevent the attraction of sufficient customers to support a business undertaking. The URA’s lead role should be to reduce these risks for developers and businesses through the undertaking of projects, programs and advocating policy and regulatory changes that reduce costs and enhance livability in the area. This can be accomplished through the implementation of projects and programs outlined or referred to in the URA Plan or the “Future Plans” section of this report and the promotion and advocacy of regulatory or policy changes that would eliminate the afore mentioned obstacles. Most government programs are created as a reaction to an event or circumstance and are not proactive and risk-taking. Revitalization efforts, in contrast, will only survive when risk-taking is involved (although any risk-taking action should be well thought-out and planned). The URA needs to be aggressive in its efforts and be prepared to capitalize on unforeseen opportunities that present themselves. The URA should take a very aggressive position in the prioritization of projects and programs to undertake. Any prioritization should take into account anticipated TIF income, potential bonding capacity (should the URA wish to bond), grant opportunities, the plans of other governments and agencies, and also the expected return to the URA on its potential investment in any project or program. It is important to note that when determining return on investment for prioritization purposes that return in dollars should not be the only consideration. Often there are other returns such as raising the public awareness and improving perceptions of the area, as well as showing of goodwill to the constituency that promotes future relations (i.e. when offering incentives, often the first recipient may receive an award that is financially negative or neutral for the URA, however it will receive media attention or foster goodwill with a company or developer that in turn, promotes the area and revitalization efforts of the URA.) 7.3 ROADWAYS/INFRASTRUCTURE The top priority of the URA should be the reconstruction of North College Avenue. The URA’s role should be to find what would encourage the Colorado Department of Transportation (CDOT) and the City to speed up reconstruction of the roadway (the need for upgrading the roadway with curbs, median, sidewalks, etc. has put it in long range plans for the City, Metropolitan Planning Organization (MPO) and CDOT. This may take the form of assistance in the funding of the initial design drawings/plans, surveying, and/or the purchase of necessary right-of-way (ROW) for this North College URA Market Analysis ◄ 37 ► project or future roadway connections that will intersect with North College Avenue. It is the upgrade of the main road in the area that will signal, more than any other project, the commitment to upgrading the area. This project will generate investment in the corridor as it becomes more aesthetically pleasing, access management is implemented, and sidewalks are added to provide defined space and safety for pedestrians. The URA should eventually take a similar role for the implementation of the all street and roadway projects outlined in the City’s Master Streets Plan, the North College Avenue Corridor Plan, the North College Avenue Access Management Plan and any updates or new, related plans adopted by the City in the future. 7.4 ROW AND LAND ACQUISITION ROW Acquisition The City’s practice of obtaining certain concessions such as dedication of ROW or various improvements to mitigate new development elsewhere in the City has worked well. However, in the built environment of the North College Study Area, the requirement to divide property by granting ROW through it or even the need for an easement can present a significant cost and/or burden to a developer. Therefore, another key component program of the URA should be to create a package for ROW and easement acquisition. This program should be a two-pronged approach. One prong of the program should be designed to purchase ROW and any necessary easements along various properties to provide for priority roadway or utility projects as determined by the Board. Under this program, land for ROW should be purchased where needed at the time it is needed. The second “prong” would be designed to purchase such land and/or rights for any project when the opportunity presents itself even if the undertaking of the project for which it would be necessary is not in the immediate future. These opportunities may manifest in an opportunity to buy an entire parcel, exact the necessary land from the parcel and then resell the remaining land, or holding onto the land to assemble a larger parcel. It may also take the form of buying only the necessary ROW or easement from a developers seeking to build on the parcel, instead of the City requiring a donation of the land as part of a development order. In the second example, the value of the land will be added back into a potential project, thus reducing the costs and removing this cost obstacle (as defined earlier). Land Assembly As an extension of the ROW acquisition, the URA should also identify parcels that would be appropriate for assembly to be utilized for redevelopment projects. The URA should then take the lead in seeking developers or entities that would utilize these lands and the URA should assist them in negotiations with property owners and users. If no users can be identified up front or if assembly is anticipated to take a significant period of time, it would be appropriate for the URA to begin to purchase land from willing sellers for future assembly. While not ideal for a government entity to encumber its resources through land banking, this method can be very effective in revitalization efforts and attempts to attract development and while funds will be tied-up in the land in the short run it is highly probably that the URA will recoup its investment when the land is transferred to another entity that will undertake a redevelopment project. Additionally, the URA has the right and should be encouraged to allow any current users to continue to operate on the land as if the property were in private hands. This prevents additional vacant buildings and blighting influences on the area and provides for a revenue stream to recoup operation and carrying costs on the property. North College URA Market Analysis ◄ 38 ► 7.5 DIRECT INCENTIVES Rebates Other forms of direct cost or direct cash incentives should be formulated to offer to developers using TIF and possibly any other grant funds that could be leveraged by TIF such as Transportation funds. Such incentives could take the form of the URA undertaking impact mitigation projects that would normally be required of the developer as part of the development order. The addition of roadway turn lanes or utility service upgrading in the area are examples of these types of projects the URA could undertake or fund to mitigate impacts. The URA could also formulate a program of direct cash- back incentives, allowing a portion of the tax increment that is directly derived from the project to be rebated for a period of time (i.e. 50% of the increment generated for 8 years). This is an excellent incentive as it is tied to the direct income derived by the URA from the individual project and as it is rebated after tax payments are made, the URA need not advance funds to the developer. This reduces project cost by rebating cash during a period during which most projects are still mortgaged effectively reducing development costs over the period. This program can also be altered to provide for a greater percentage rebate based on the desirability of the project. If a developer is seeking to build a large shopping center with a movie theater or other “destination” component, this project could be incentivized to a greater extent than a shopping center without such a destination use. Flexibility can be built into the percentage rebated, the time period of incentive, or a sliding scale can be utilized with a greater percentage in the early years which reduces in the later term. Property Upgrade Grants The URA is also in need of programs to directly assist in the upgrading of properties with long term stability. A property improvement grant program which allows property owners a matching grant of some level to either improve/update the façade of their building and/or enhance landscaping on the roadway frontage of their property provides for an instant impact and good return on investment as the match should on no less than a dollar-for-dollar basis. The hope of this program is to upgrade and modernize the appearance of several properties in order to entice the remainder of the property owners to “keep up with the Joneses” and to maintain a higher architectural standard in the area. This is an excellent early term program while the URA is waiting on the build-up of its tax increment as the investment by the URA will be relatively minimal. 7.6 RE-EVALUATION OF PROGRAM As mentioned earlier, it is critical that the URA not become in-flexible in its approach. Periodic review of policies and conditions must be undertaken in order to remain on the cusp of new trends and technologies that the area must capitalize on in order to revive and diversify its economic and livability. area shall be at least 100 feet from drainage channels and/or storm sewer systems and be enclosed by a minimum 12-inch high compacted berm capable of retaining potential spills. PLANTING. LOCATE ALL UNDERGROUND UTILITIES PRIOR TO PLANTING. 18. THE SOIL IN ALL LANDSCAPE AREAS SHALL BE THOROUGHLY LOOSENED TO A DEPTH OF NOT LESS THAT (8) EIGHT INCHES AND SOIL AMENDMENT SHALL BE THOROUGHLY INCORPORATED INTO THE SOIL OF ALL LANDSCAPE AREAS TO A DEPTH OF AT LEAST (6) SIX INCHES BY TILLING, DISCING OR OTHER SUITABLE METHOD, AT A RATE OF AT LEAST 3 CU YDS. / 1,000 S.F. OF LANDSCAPE AREA. 19. MINOR CHANGES IN SPECIES AND PLANT LOCATIONS MAY BE MADE DURING CONSTRUCTION, AS REQUIRED BY SITE CONDITIONS, OR PLANT AVAILABILITY. OVERALL QUANTITY, QUALITY, AND DESIGN CONCEPT TO BE CONSISTENT WITH APPROVED PLANS. IN THE EVEN OF CONFLICT WITH THE QUANTITIES INCLUDED IN THE PLANT LIST, SPECIES AND QUANTITIES ILLUSTRATED SHALL BE PROVIDED. ALL CHANGES OF SPECIES AND LOCATION SHALL REQUIRE APPROVAL BY THE CITY'S CURRENT PLANNING DEPARTMENT PRIOR TO INSTALLATION. 20. ALL LANDSCAPING PROPOSED WITH INSTALLATION MUST BE INSTALLED OR SECURED WITH AN IRREVOCABLE LETTER OF CREDIT, PERFORMANCE BOND, OR ESCROW ACCOUNT FOR 125% OF THE VALUATION OF THE MATERIALS AND INSTALLATION PRIOR TO ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY. 21. DEVELOPER SHALL ENSURE THAT THE LANDSCAPE PLAN IS COORDINATED WITH THE PLANS DONE BY OTHER CONSULTANTS SO THE PROPOSED GRADING, STORM DRAINAGE, OR OTHER CONSTRUCTION, DOES NOT CONFLICT, NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. LANDSCAPE NOTES 22. THE LANDSCAPE IRRIGATION SYSTEM NEEDS TO BE REVIEWED AND APPROVED BY THE CITY OF FORT COLLINS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 23. A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED ON THE PUBLIC RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS, AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT MAY RESULT IN REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY. 24. THE DEVELOPER SHALL CONTACT THE CITY FORESTER TO INSPECT ALL STREET TREE PLANTINGS AT THE COMPLETION OF THE DEVELOPMENT. ALL TREES NEED TO HAVE BEEN INSTALLED AS SHOWN ON THE LANDSCAPE PLAN. FAILURE TO OBTAIN APPROVAL BY THE CITY FORESTER FOR STREET TREES SHALL RESULT IN A HOLD ON CERTIFICATE OF OCCUPANCY. 25. UTILITY AND TRAFFIC TREE SEPARATION STANDARDS. (1) FORTY (40) FEET BETWEEN SHADE TREES AND STREETLIGHTS. FIFTEEN (15) FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS. (SEE FIGURE BELOW.) (2) TWENTY (20) FEET BETWEEN SHADE AND/OR ORNAMENTAL TREES AND TRAFFIC CONTROL SIGNS AND DEVICES. (3) TEN (10) FEET BETWEEN TREES AND WATER OR SEWER MAINS. (4) SIX (6) FEET BETWEEN TREES AND WATER OR SEWER SERVICE LINES. (5) FOUR (4) FEET BETWEEN TREES AND GAS LINES. (6) STREET TREES ON LOCAL STREETS PLANTED WITHIN THE EIGHT-FOOT-WIDE UTILITY EASEMENT MAY CONFLICT WITH UTILITIES. ADDITIONAL CONDUIT MAY BE REQUIRED TO PROTECT UNDERGROUND ELECTRIC LINES. 26. TREE PROTECTION STANDARDS (1) WITHIN THE DRIP LINE OF ANY PROTECTED EXISTING TREE, THERE SHALL BE NO CUT OR FILL OVER A FOUR-INCH DEPTH UNLESS A QUALIFIED ARBORIST OR FORESTER HAS EVALUATED AND APPROVED THE DISTURBANCE. (2) ALL PROTECTED EXISTING TREES SHALL BE PRUNED TO THE CITY OF FORT COLLINS FORESTRY STANDARDS. (3) PRIOR TO AND DURING CONSTRUCTION, BARRIERS SHALL BE ERECTED AROUND ALL PROTECTED EXISTING TREES WITH SUCH BARRIERS TO BE OF ORANGE FENCING A MINIMUM OF FOUR (4) FEET IN HEIGHT, SECURED WITH METAL T-POSTS, NO CLOSER THAN SIX (6) FEET FROM THE TRUNK OR MOVEMENT OF EQUIPMENT, MATERIAL, DEBRIS OR FILL WITHIN THE FENCED TREE PROTECTION ZONE. (4) DURING THE CONSTRUCTION STAGE OF DEVELOPMENT, THE APPLICANT SHALL PREVENT THE CLEANING OF EQUIPMENT OR MATERIAL OR THE STORAGE AND DISPOSAL OF WASTE MATERIAL SUCH AS PAINTS, OILS, SOLVENTS, ASPHALT, CONCRETE, MOTOR OIL OR ANY OTHER MATERIAL HARMFUL TO THE LIFE OF A TREE WITHIN THE DRIP LINE OF ANY PROTECTED TREE OR GROUP OF TREES. (5) NO DAMAGING ATTACHMENT, WIRES, SIGNS OR PERMITS MAY BE FASTENED TO ANY PROTECTED TREE. (6) LARGE PROPERTY AREAS CONTAINING PROTECTED TREES AND SEPARATED FROM CONSTRUCTION OR LAND CLEARING AREAS, ROAD RIGHTS-OF-WAY AND UTILITY EASEMENTS MAY BE "RIBBONED OFF," RATHER THAN ERECTING PROTECTIVE FENCING AROUND EACH TREE AS REQUIRED IN SUBSECTION (G)(3) ABOVE. THIS MAY BE ACCOMPLISHED BY PLACING METAL T-POST STAKES A MAXIMUM OF FIFTY (50) FEET APART AND TYING RIBBON OR ROPE FROM STAKE-TO-STAKE ALONG THE OUTSIDE PERIMETERS OF SUCH AREAS BEING CLEARED. (7) THE INSTALLATION OF UTILITIES, IRRIGATION LINES OR ANY UNDERGROUND FIXTURE REQUIRING EXCAVATION DEEPER THAN SIX (6) INCHES SHALL BE ACCOMPLISHED BY BORING UNDER THE ROOT SYSTEM OF PROTECTED EXISTING TREES AT A MINIMUM DEPTH OF TWENTY-FOUR (24) INCHES. THE AUGER DISTANCE IS ESTABLISHED FROM THE FACE OF THE TREE (OUTER BARK) AND IS SCALED FROM TREE DIAMETER AT BREAST HEIGHT AS DESCRIBED IN THE CHART BELOW. TREE DIAMETER AT BREAST HEIGHT (inches) AUGER DISTANCE FROM FACE OF TREE (feet) 0" - 2" 1' 3" - 4" 2' 5" - 9" 5' 10" - 14" 10' 15" - 19" 12' OVER 19" 15' BUR 2 25% QUERCUS MACROCARPA BUR OAK 2.5" CAL. GLI 3 38% TILIA CORDATA 'GREENSPIRE' GREENSPIRE LINDEN 2.5" CAL. SHA 3 38% GLEDITSIA TRIACANTHOS INERMIS 'SHADEMASTER' SHADEMASTER LOCUST 2.5" CAL. BSP 1 33% PICEA PUNGENS 'BAKERI' BAKERI SPRUCE 6' HT. COL 2 67% JUNIPERUS SCOPULORUM 'COLOGREEN' COLOGREEN JUNIPER 6' HT. CCP 2 25% PYRUS CALLERYANA CHANTICLEER PEAR 2.5" CAL. RAD 2 25% MALUS X 'RADIANT' RADIANT CRABAPPLE 2.5" CAL. SSC 2 25% MALUS X 'SPRING SNOW' SPRING SNOW CRAB 2.5" CAL. TCH 2 25% CRATAEGUS CRUS-GALLI INERMIS THORNLESS COCKSPUR HAWTHORN 2.5" CAL. CTN 3 6% PHYSOCARPUS OPULIFOLIUS 'MINDIA' COPPERTINA NINEBARK 5 GAL. IDO 13 25% CORNUS SERICEA 'ISANTI' ISANTI DOGWOOD 5 GAL. IDOL 3 6% CORNUS SERICEA 'ISANTI' ISANTI DOGWOOD 10 GAL. PBS 28 55% PRUNUS BESSEYI 'PAWNEE BUTTES' PAWNEE BUTTES SAND CHERRY 5 GAL. YTD 4 8% CORNUS SERICEA 'FLAVIRAMEA' YELLOW TWIG DOGWOOD 5 GAL. CPB 4 100% BERBERIS THUNBERGII 'ATROPURPUREA NANA' CRIMSON PYGMY BARBERRY 5 GAL. BJF 1 1% EPHEDRA EQUISETINA BLUESTEM JOINT FIR 5 GAL. BRJ 23 29% JUNIPERUS HORIZONTALIS 'WILTONII' BLUE RUG JUNIPER 5 GAL. CCJ 14 18% JUNIPERUS SABINA 'MONNA' CALGARY CARPET JUNIPER 5 GAL. GSP 15 19% PICEA PUNGENS 'GLOBOSA' GLOBE SPRUCE 5 GAL. MPA 10 13% ARCTOSTAPHYLOS 'PANCHITO' PANCHITO MANZANITA 1 GAL. MWB 15 19% PINUS MUGO 'WHITE BUD' WHITE BUD MUGO PINE 5 GAL. BLA 60 42% BOUTELOUA GRACILIS 'BLONDE AMBITITION' BLONDE AMBITION BLUE GRAMMA GRASS 1 GAL. FRG 24 17% CLAMAGROSTIS ACUTIFLORA 'KARL FOERSTER' KARL FORESTER FEATHER REED GRASS 1 GAL. HFG 6 4% PENNISETUM ALOPECUROIDES 'HAMELN' HARDY FOUNTAIN GRASS 1 GAL. LBG 18 13% SCHIZACHYRIUM SCOPARIUM LITTLE BLUESTEM GRASS 1 GAL. PMG 4 3% MISCANTHUS SINENSIS 'PURPURESCENS' PURPLE MAIDEN GRASS 1 GAL. RMG 9 6% MUHLENBERGIA CAPILLARIS 'LENCA' REGAL MIST PINK MUHLY 1 GAL. SSG 22 15% PANICUM VIRGATUM 'SHENANDOAH' SHENANDOAH SWITCH GRASS 1 GAL. BES 7 100% RUDBECKIA FULGIDA 'GOLDSTURM' BLACK EYED SUSAN 1 GAL. LS-03 R N 0 S C A L E I N F E E T 20 20 40 LEGEND EVERGREEN SHRUBS DECIDUOUS SHRUBS STEEL EDGER IRRIGATED TURF INTERNAL PARKING LOT LANDSCAPING TABLE LANDSCAPING WILL BE PROVIDED AS FOLLOWS: PARKING LOT SIZE 20,862 S.F. 6% REQUIRED (LESS THAN 100 SPACES) 1,251 S.F. 7% PROVIDED INTERNAL TO PARKING LOT 1,626 S.F. CANOPY SHADE TREES PROVIDED: CODE REQUIRES (1) CANOPY SHADE TREE PER 150 S.F. OF INTERNAL LANDSCAPING AMOUNT OF INTERNAL LANDSCAPING REQUIRED 1,251 S.F. TREES REQUIRED (1,251 S.F. / 150) 8.34 TREES PROVIDED 10 PERIMETER LANDSCAPING PROVIDED: CODE REQUIRES 1 TREE PER 25 L.F. ALONG PUBLIC STREET, AND 1 TREE PER 40 L.F. ALONG A SIDE LOT LINE PARKING SETBACK AREA. L.F. ALONG SOUTH SIDE LOT PROPERTY LINE 141 L.F. TREES REQUIRED (1 / 40 l.f.) 3.5 TREES PROVIDED 5 TOTAL TREES REQUIRED = 11.84 TREES 15 TREES PROVIDED TOTAL TREES ON SITE 19 DECIDUOUS CANOPY TREE DECIDUOUS ORNAMENTAL TREE ORNAMENTAL GRASSES EXISTING DECIDUOUS TREES TO REMAIN WATER BUDGET CHART HYDROZONE AREA (S.F.) WATER NEED (GAL / S.F.) ANNUAL WATER USE (GAL) HIGH (SOD AREAS) 3,001 18 54,018 MODERATE (BED AREAS) 5,826 10 58,260 LOW 0 3 0 VERY LOW (ROCK ON WEST SIDE OF BLDG) 563 0 0 0 TOTAL GALLONS 112,278 TOTAL S.F. 9,390 AVERAGE 11.95 GALLONS / S.F. / SEASON NOTES: 1. THE AVERAGE NEEDS TO BE A MAXIMUM OF 15 GALLONS / S.F. / SEASON. 2. FINAL HYDROZONE CALCULATIONS WILL BE PROVIDED PRIOR TO FINAL COMPLIANCE PLAN. ROCK MULCH EVERGREEN TREE