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Home My WebLink About11/15/2018 - Planning And Zoning Board - Agenda - Regular MeetingPlanning and Zoning Board Page 1 November 15, 2018 Jeffrey Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Jennifer Carpenter 300 Laporte Avenue Michael Hobbs Fort Collins, Colorado Christine Pardee Ruth Rollins Cablecast on FCTV Channel 14 & Channel 881 William Whitley on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing November 15, 2018 6:00 PM • ROLL CALL • AGENDA REVIEW • CITIZEN PARTICIPATION Individuals may comment on items not specifically scheduled on the hearing agenda, as follows: • Those who wish to speak are asked to sign in at the podium. • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker should state their name and address and keep their comments to the allotted time. • Any written materials should be provided to the Secretary for record-keeping purposes. • A timer will beep once and the time light will turn to yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time to speak has ended. • CONSENT AGENDA The Consent Agenda is intended to allow the Planning and Zoning Board to quickly resolve items that are non-controversial. Staff recommends approval of the Consent Agenda. Anyone may request that an item on this agenda be “pulled” for consideration within the Discussion Agenda, which will provide a full presentation of the item being considered. Items remaining on the Consent Agenda will be approved by the Planning and Zoning Board with one vote. The Consent Agenda generally consists of Board Minutes for approval, items with no perceived controversy, and routine administrative actions. Planning and Zoning Board Hearing Agenda Packet Pg. 1 Planning and Zoning Board Page 2 November 15, 2018 1. Draft Minutes for the P&Z October Hearing The purpose of this item is to approve the draft minutes of the October 18, 2018 Planning and Zoning Board hearing. 2. Planning and Zoning Board 2019 Work Plan DESCRIPTION: All City of Fort Collins Boards and Commissions are required to submit an annual work plan to the City Clerk’s Office, which summarizes work completed in the prior year and planned projects for the next year. The attached work plan provides information on the projects reviewed by the Planning and Zoning Board in 2018 and areas of focus for 2019. STAFF ASSIGNED: Rebecca Everette, Development Review Manager 3. 2018 Three-Mile Plan Update DESCRIPTION: This is a request for Planning & Zoning Board consideration of a recommendation to City Council to adopt the 2018 Three-Mile Plan update. The City of Fort Collins Three-Mile Plan is a policy document for coordinating potential future annexations and provision of services required by Colorado State Statutes. APPLICANT: City of Fort Collins STAFF ASSIGNED: Ryan Mounce, City Planner • DISCUSSION AGENDA 4. Proposed College and Drake Urban Renewal Plan DESCRIPTION: The purpose of this item is for the Planning & Zoning Board to review the proposed College and Drake Urban Renewal Plan (URP) for conformance with City Plan, the City of Fort Collins adopted comprehensive plan. The P&Z Board must review and evaluate the URP before it can be formally adopted by City Council, currently scheduled for January 15, 2019, and make a recommendation related to the URP’s conformance with City Plan. APPLICANT: Urban Renewal Authority STAFF ASSIGNED: Josh Birks, Economic Health & Redevelopment Director 5. Downtown and Transition Areas - Land Use Code Changes DESCRIPTION: Revisions to Land Use Code Divisions 4.16 (Downtown) and 4.9 (Neighborhood Conservation Buffer) as they relate to development standards governing these two zone districts. APPLICANT: City of Fort Collins STAFF ASSIGNED: Cameron Gloss, Long Range Planning Manager Pete Wray, Senior City Planner 6. Historic Preservation Codes and Process Review DESCRIPTION: This is a request for Planning & Zoning Board consideration of a recommendation to City Council to adopt revisions to Land Use Code Section 3.4.7 (Historic and Cultural Resources). These codes direct the review and approval processes for developments affecting historic resources. APPLICANT: City of Fort Collins STAFF ASSIGNED: Karen McWilliams, Historic Preservation Manager • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY November 15, 2018 Planning and Zoning Board STAFF Shar Gerber, Customer and Administrative Manager SUBJECT MINUTES OF THE OCTOBER 15, 2018 P&Z HEARING EXECUTIVE SUMMARY The purpose of this item is the consideration and approval of the draft minutes of the October 15, 2018 Planning & Zoning Board hearing. ATTACHMENTS 1. Draft October 15, 2018 P&Z Minutes Packet Pg. 3 DRAFT Jeff Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Jennifer Carpenter 300 Laporte Avenue Michael Hobbs Fort Collins, Colorado Christine Pardee Ruth Rollins Cablecast on FCTV Channel 14 & William Whitley Channel 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing October 18, 2018 Chair Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Pardee, Rollins, Schneider and Whitley Absent: Hobbs Staff Present: Everette, Yatabe, Tatman-Burruss, Wray, Beane, Scheidenhelm, and Gerber Chair Schneider provided background on the board’s role and what the audience could expect as to the order of business. He described the following procedures: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Agenda Review Development Review Manager Everette reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised. Public Input on Items Not on the Hearing Agenda: Planning and Zoning Board Minutes ITEM 1, ATTACHMENT 1 Packet Pg. 4 DRAFT Planning & Zoning Board October 18, 2018 Page 2 of 3 None noted. Consent Agenda: 1. Draft Minutes from September 20, 2018, P&Z Hearing Public Input on Consent Agenda: None noted Chair Schneider did a final review of the items that are on consent and reiterated that those items will not have a separate presentation unless pulled from the consent agenda. Member Pardee made a motion that the Planning and Zoning Board approve the Consent agenda for the October 18, 2018 Planning and Zoning Board hearing as originally advertised. Member Whitley seconded the motion. Vote: 6:0. Discussion Agenda: 2. Taft Place, Project Development Plan – PDP180008 Project Description: This is a request to develop a 2 ½ story mixed-use building on 0.45 acres. The property located at 4101 S. Taft Hill Road is situated on the southwest corner of South Taft Hill Road and W CR 38 E intersection. The proposed building includes 4 dwelling units with approximately 4,369 S.F. of residential area and 1,056 S. F. of commercial space. The site is accessed on the east by an “entrance only” along Taft Hill Road, and by a full access drive on the north along W CR 38E. Parking is proposed interior to the site, including 14 parking spaces. The property is zoned Low Density Mixed-Use Neighborhood (L-M-N). Due to the commercial component of the mixed-use building, not considered to be part of a neighborhood center, this project is subject to a Type 2 Review and decision by the Planning and Zoning Board. Recommendation: Approval Secretary Gerber reported that there were no citizen emails/letters received. Chair Schneider recused himself from this item stating conflict of interest. Staff and Applicant Presentations Planner Wray gave a brief verbal/visual overview of this project Dana Lockwood, Lockwood Architects, Inc., provided a brief verbal/visual presentation. Mr. Lockwood offered that the building height is considered 2-stories as opposed to what Planner Wray presented it to be at 2 1/2 stories. Public Input (3 minutes per person) None noted Staff Response None noted Board Questions / Deliberation Member Pardee commented that she liked the configuration of how the buildings look initially. She was curious as to why the decision for a flat roof. Mr. Lockwood responded that the roof will have a 1 ¼” per foot slope that will drain on the North elevation (low side of roof) to a scupper. ITEM 1, ATTACHMENT 1 Packet Pg. 5 DRAFT Planning & Zoning Board October 18, 2018 Page 3 of 3 Member Rollins commented she liked the project, and how it made great use of a small area. Member Whitley feels it is visually busy in an interesting way and agrees with Member Rollins. Member Carpenter is in support of the project as it is a good use of the area. She likes the way the commercial feel is on the busy side and going down into the residential. Member Hansen likes how the building addresses the corner. Member Rollins made a motion that the Fort Collins planning and Zoning Board approve Taft Place, PDP 180008 and this approval is based upon the agenda materials, the information presented during the work session, this hearing, and the board discussion on this item with the following findings; this PDP complies with all applicable land use code requirements as stated in the staff report prepared for this hearing and contained in the agenda materials. The information, analysis, findings of fact and conclusions contained in the staff report included in the agenda materials for this hearing are adopted by this Board. Member Carpenter seconded. Vote 5:0 Other Business Chair Schneider wanted to discuss the impact fee study and increased costs that was brought forward during work session, specifically, if the Board was ready to make a motion to support. Chair Schneider wanted to know from the Board if this was something they wanted/were ready to send a memo forward or something they wanted to let move on its natural path. Chair Schneider stated that the Board was asked to potentially put a motion forward if possible or give recommendation, but that this is not something the Board has to do. Member Rollins appreciated the staff presentation and has not had time to dig into the information and is not comfortable supporting and moving forward with a recommendation. Member Hansen agrees with Member Rollins wherein the presentation was good and full of information and that he generally agrees with the direction that it is going but does not feel the Board has had a chance to discuss in enough depth as a Board to issue a formal recommendation. Member Pardee concurred; she feels it is fine as it is proceeding. Chair Schneider agrees, making the same comments. He does not take any issue with the study and the analysis of the impact fees and how they are looking to move forward. He does have some reservations and concerns and has asked questions over the past several months, with no answer, about the collection of those fees and the appropriateness of putting the fees all on one group, which is new home construction, with other people having impacts on that same infrastructure. Chair Schneider too is not supportive of putting a motion forward at this time without further dialogue. Adjournment Chair Schneider moved to adjourn the P&Z Board hearing. The meeting was adjourned at 6:24pm. Minutes respectfully submitted by Shar Gerber. Minutes approved by a vote of the Board on: ____________. Rebecca Everette, Development Review Manager Jeff Schneider, Chair ITEM 1, ATTACHMENT 1 Packet Pg. 6 Agenda Item 2 Item 2, Page 1 STAFF REPORT November 15, 2018 Planning and Zoning Board PROJECT NAME PLANNING AND ZONING BOARD 2019 WORK PLAN STAFF Rebecca Everette, Development Review Manager EXECUTIVE SUMMARY All City of Fort Collins Boards and Commissions are required to submit an annual work plan to the City Clerk’s Office, which summarizes work completed in the prior year and planned projects for the next year. The attached work plan provides information on the projects reviewed by the Planning and Zoning Board in 2018 and areas of focus for 2019. ATTACHMENTS 1. Planning and Zoning Board 2019 Work Plan Packet Pg. 7 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation TO: Delynn Coldiron, City Clerk FROM: Jeff Schneider, Chair Planning & Zoning Board DATE: November 1, 2018 SUBJECT: Planning and Zoning Board 2019 Work Plan Planning & Zoning Board at a Glance • The Planning and Zoning Board's responsibilities include making recommendations to the City Council regarding zoning, annexations, major public and private projects and any long-range planning activities (such as City Plan or subarea plans) that require Council approval. • The Board is also the final decision-making authority regarding land use proposals, including overall development plans, project development plans, major amendments and planned unit development master plans for projects under 640 acres in size. In addition, the Board coordinates with the Poudre and Thompson school districts, the Larimer County Planning Commission, and other City boards and commissions. • The Board is composed of seven volunteer members, with expertise ranging from architecture, engineering and construction to transportation planning, historic preservation, real estate, and community engagement. 2018 in Review During 2018, the Planning & Zoning Board continued to review a significant caseload of development applications. Projects included: • Platte River Power Authority Campus Expansion • Harmony Commons Lot 5 Major Amendment – Child Care Center • The Hub on Campus Project Development Plan (PDP) • Johnson Drive Apartments PDP • Long Pond Wireless Telecommunication Facility PDP • Nix Farm Natural Areas Facility Major Amendment • Compass Charter School Site Plan Advisory Review • Paradigm Overall Development Plan (ODP) • Affordable Self Storage PDP • Ginger and Baker Temporary Parking Lot PDP • Oasis on Olive PDP • Mason Place PDP • Fort Collins Mennonite Church Storage Lockers Minor Amendment • Country Club Reserve PDP • Century Wireless Telecommunications Facility PDP • Boardwalk Crossing Final Development Plan (FDP) Request for Extension • The Retreat at Fort Collins PDP ITEM 2, ATTACHMENT 1 Packet Pg. 8 • Willow Street Residences PDP • Taft Place PDP Two project reviews were appealed during the year, the Johnson Drive Apartments PDP and the Fort Collins Mennonite Church Storage Lockers Minor Amendment. In addition to regular project reviews, the Board made recommendations to City Council on: • Water Treatment Facility Annexation #1, 2 and 3 • Aweida Annexation • East Gateway Annexation (Mulberry Corridor) • Century Wireless Telecommunication Facility Addition of Permitted Use (APU) • Sanctuary on the Green Annexation and Zoning • Hughes Stadium Annexation and Zoning • 200 East Swallow Road Request for Professional Office APU In 2018, there was an effort to continue refining elements of the Land Use Code where there is misalignment with City land use policy direction or to address unforeseen circumstances. The Board recommended to City Council changes to several code requirements, including the following items: • Sign Code Update • Oil and Gas Well Setbacks • Adequate Public Facilities Ordinance Amendment • Planned Unit Development (PUD) Ordinance • Fort Collins Stormwater Criteria Manual and Low Impact Development (LID) Implementation Manual • Impact Fee Updates • Routine Annual Code Changes The Board also spent a considerable amount of time reviewing and discussing notable long-range planning efforts, including: • City Plan • Downtown and Transition Area Code Updates • Colorado State University Facilities and Master Plan Update • Harmony Corridor Plan Amendment • Urban Renewal Plan Update 2019 Initiatives and Ongoing Projects In addition to reviewing and evaluating development proposals, the Board will address important land use policy issues during 2019, including: • City Plan Update - The community's major long-range plan update, which includes Land Use, Transportation and Transit components, will continue to be developed and considered by the Board and City Council in 2019. The update will focus on land use issues associated with the community's growing affordable housing needs, redevelopment along key commercial corridors, strategies for reducing our carbon footprint consistent with the Climate Action Plan, and retention of adequate land supply to support anticipated job growth, transportation, and social equity. • City Plan Implementation – Phase 1 – Following the anticipated adoption of the City Plan update, there will be a series of tasks to review and update the Land Use Code and City procedures to reflect policy guidance from City plan. Priorities will likely include promoting ITEM 2, ATTACHMENT 1 Packet Pg. 9 attainable housing, improving the community’s jobs-to-housing balance, strategically accommodating density in neighborhoods, promoting higher density redevelopment along commercial corridors (e.g., Midtown), continued emphasis on open space protection, and other topics. • Development Review Fee Structure – Updates to the City’s development review fee structure are currently in progress and will be presented to the Board for a recommendation to City Council in 2019. • Mulberry Corridor Enclave – The Board will discuss and provide input on the analysis of existing conditions and land use along the Mulberry Corridor, in anticipation of long-term annexation. This will be a multi-year effort that begins in 2019. • Review of PUD Master Plans – The Board will likely hear multiple applications for Planned Unit Development (PUD) Master Plans in the coming year. In addition to reviewing specific projects, the Board may also recommend changes or improvements to the PUD ordinance as it is implemented. cc: Planning and Zoning Board Members Councilman Ray Martinez, Council Liaison Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Laurie Kadrich, Planning, Development and Transportation Director Tom Leeson, Community Development and Neighborhood Services Director Cameron Gloss, Comprehensive Planning Manager Rebecca Everette, Development Review Manager ITEM 2, ATTACHMENT 1 Packet Pg. 10 Agenda Item 3 Item 3, Page 1 STAFF REPORT November 15, 2018 Planning and Zoning Board PROJECT NAME 2018 THREE-MILE PLAN UPDATE STAFF Ryan Mounce, City Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a request for Planning & Zoning Board consideration of a recommendation to City Council to adopt the 2018 Three-Mile Plan update. The City of Fort Collins Three-Mile Plan is a policy document for coordinating potential future annexations and provision of services required by Colorado State Statutes. APPLICANT: City of Fort Collins RECOMMENDATION: Staff recommends the Planning and Zoning Board forward a recommendation to City Council to approve the 2018 update to the Three-Mile Plan for the City of Fort Collins. EXECUTIVE SUMMARY The Three-Mile Plan for the City of Fort Collins (Plan) is a policy document for coordinating potential future annexations and provision of services. Colorado State Statutes Section 31-12-105 requires cities to complete a plan within three miles in any direction of their municipal boundary to describe the general location, character, utilities, and infrastructure for areas of potential annexation. These plans must also be updated on an annual basis. The 2018 update to the Three-Mile Plan for the City of Fort Collins is routine and recurring and highlights newly- adopted or revised plans and documents applicable to those areas defined in the State Statutes. This draft 2018 update of the Plan is presented for Planning and Zoning Board review. After reviewing the Plan, the Planning and Zoning Board will forward a recommendation to the City Council. COMMENTS Section 31-12-105 of the Colorado Revised Statutes requires the City to complete a plan within three miles in any direction from any point of such municipal boundary as follows: Prior to the completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area, that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Packet Pg. 11 Agenda Item 3 Item 3, Page 2 The Plan describes each of the items listed in the State Statute in four categories as follows:  Transportation-related Items  Parks, Natural Areas and Open Lands-related Items  Utilities and Related Items  Proposed Land Uses The Three-Mile Plan for the City of Fort Collins lists the plans, policies, maps, and other documents that have been adopted by the City of Fort Collins which generally describe the proposed location, character, and extent of the specific characteristics listed above. In addition, several plans and policies listed have been adopted by other jurisdictions such as Larimer County, Colorado State University, or adjoining municipalities, as they are also located within the boundaries of the Three-Mile Plan for the City of Fort Collins. As Fort Collins limits future annexations to areas within the Fort Collins Growth Management Area (GMA), the Plan is less applicable to lands within the three-mile area beyond the boundary of the Fort Collins GMA. There have been few changes to the documents described in the Plan since the previous update in 2017. This annual update to the Plan represents a routine and recurring action, to ensure the City complies with the State Statute requirements. Section II of the Plan highlights in bold newly-adopted or revised plans and documents since the last update. A summary of newly-adopted or revised plans and documents is presented below:  Drake & College Area Urban Renewal Plan (adoption anticipated December 2018)  Larimer County Urban Area Street Standards  Fort Collins Communitywide 100% Renewable Electricity Goal  Fort Collins Stormwater Criteria Manual (adoption anticipated December 2018) City Plan and related elements of the Comprehensive Plan provide sufficient guidance for managing growth within the GMA, and to some degree outside the GMA for contextual purposes. More specifically, the City Structure Plan map shows future land use designations to provide direction for potential annexation and zoning within the GMA. City Plan takes into account all land that is functionally related to the growth of the municipality, not just land within three miles of the municipal boundary. Although the Three-Mile Plan for the City of Fort Collins is similar to City Plan, it goes further in requiring the location, character, and extent of future utilities and infrastructure as well as proposed land uses for the area. As such, the Plan takes a broader approach to the annexation and development of land. The four maps that are included in the Plan reflect the general resources, infrastructure for significant waterways and airports, and future land uses within the three-mile boundary of City limits. FINDINGS OF FACT/CONCLUSION A. The 2018 update of the Three-Mile Plan for the City of Fort Collins generally and accurately describes the proposed location, character, and extent of street, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Fort Collins and the proposed land uses for the area. B. The Three-Mile Plan for the City of Fort Collins is in compliance with regulations set forth in the Colorado Revised Statutes Section 31-12-105. RECOMMENDATION Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the 2018 update to the Three-Mile Plan for the City of Fort Collins. ATTACHMENTS 1. Draft 2018 Three Mile Plan Update Packet Pg. 12 ITEM 3, ATTACHMENT 1 Packet Pg. 13 City of Fort Collins – Three-Mile Plan 2018 Update Page 2 Table of Contents Table of Contents ............................................................................................................ 2 I. Introduction .............................................................................................................. 3 What is the Purpose of the Three-Mile Plan? ........................................................... 3 What Does the Three-Mile Plan Describe? .............................................................. 3 II. Elements of the Three-Mile Plan .............................................................................. 5 Transportation-related Items .................................................................................... 5 Parks, Natural Areas, and Open Lands-related Items .............................................. 6 Utilities and Related Items ....................................................................................... 8 Proposed Land Uses ................................................................................................ 9 ATTACHMENT A: Three-Mile Plan Boundary .............................................................. 11 ATTACHMENT B: Significant Waterways and Waterfronts within the Three-Mile Plan Boundary ....................................................................................................................... 12 ATTACHMENT C: Airports within the Three-Mile Plan Boundary ................................ 13 ATTACHMENT D: Land Uses within the Three-Mile Plan Boundary……………………14 ITEM 3, ATTACHMENT 1 Packet Pg. 14 City of Fort Collins – Three-Mile Plan 2018 Update Page 3 I. Introduction What is the Purpose of the Three-Mile Plan? The Three-Mile Plan for the City of Fort Collins, Colorado, is a policy document for coordinating future annexation and provision of services, required to be updated annually per Colorado Revised Statutes Section 31-12-105. The Three-Mile Plan describes the general location, character, utilities, and infrastructure for the areas of potential annexation within three miles in any direction of the municipal boundary. In comparison to a specific annexation impact report, the Three-Mile Plan takes a broader approach to the annexation and development of land. A proposed annexation should be consistent with the municipality’s Comprehensive Plan and Three-Mile Plan, in addition to other policies. Section 31-12-105 of the Colorado Revised Statutes requires that the City complete a plan within three miles in any direction from any point of such municipal boundary as follows: Prior to the completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Updates to the Three-Mile Plan are routine and occur on an annual basis. The 2018 update highlights the changes to approved plans and other documents applicable to those areas defined in the State Statutes since the prior year’s update. What Does the Three-Mile Plan Describe? This Three-Mile Plan describes each of the items listed in the Statute in four categories, as follows: Transportation-related Items:  Streets  Subways  Bridges  Parkways  Aviation Fields  Other Public Ways  Terminals for Transportation ITEM 3, ATTACHMENT 1 Packet Pg. 15 City of Fort Collins – Three-Mile Plan 2018 Update Page 4 Parks, Natural Areas and Open Lands-related Items:  Waterways  Waterfronts  Playgrounds  Squares  Parks  Grounds  Open Spaces Utilities and Related Items:  Public Utilities  Terminals for Water, Light, Sanitation, and Power Provided by the Municipality Proposed Land Uses:  Inside Growth Management Area (GMA)  Outside Growth Management Area (GMA) For each of these four categories, the plans, policies, maps, and other documents are identified that have been adopted by the Fort Collins City Council, which generally describe the proposed location, character and extent of the specific characteristics listed above. In addition, there are some plans and policies that have been adopted by other jurisdictions such as Larimer County, Colorado State University, or adjoining municipalities, that are also located within the boundaries of the Three-Mile Plan for the City of Fort Collins, Colorado. There have been relatively few changes to existing plans or newly-adopted plans within the three-mile study area since the previous year. Section II highlights newly-adopted or revised plans and documents adopted in the preceding year in bold. ITEM 3, ATTACHMENT 1 Packet Pg. 16 City of Fort Collins – Three-Mile Plan 2018 Update Page 5 II. Elements of the Three-Mile Plan Transportation-related Items 1. Streets:  Capital Improvement Plan  City Plan  City of Fort Collins Master Street Plan  City of Fort Collins Street Standards  City of Fort Collins Bicycle Plan  City of Fort Collins Bicycle Safety Education Plan  City of Fort Collins Pedestrian Plan  Colorado State University Parking and Transportation Master Plan  Fort Collins Transportation Master Plan  Harmony Road ETC Master Plan  Harmony Road Access Control Plan  I-25/392 Interchange Improvement Plan  Larimer County Transportation Master Plan  Larimer County Urban Area Street Standards  Mason Corridor Master Plan  North Front Range Regional Transportation Plan  North College and Highway 14 Access Control Plan  Northern Colorado Regional Planning Study  Northern Colorado Regional Communities I-25 Corridor Plan  Downtown Parking Plan  South College Access Control Plan  Fort Collins Streetscape Design Standards  Subarea Plans o CDOT US392 Environmental Overview Study o CDOT North I-25 Environmental Impact Statement o CDOT US287 Environmental Overview Study o Downtown Plan o Downtown River Corridor Implementation Program Summary Report o Downtown Strategic Plan o Drake & College Area Urban Renewal Plan (adoption anticipated December 2018) o East Mulberry Corridor Plan o East Side Neighborhood Plan o Fossil Creek Reservoir Area Plan o Harmony Corridor Plan o I-25 Subarea Plan o Lincoln Corridor Plan o Midtown in Motion o Mountain Vista Subarea Plan Update o North College Corridor Plan o Northside Neighborhood Plan o Northwest Subarea Plan o Old Town Neighborhoods Plan o Prospect Road Streetscape Program ITEM 3, ATTACHMENT 1 Packet Pg. 17 City of Fort Collins – Three-Mile Plan 2018 Update Page 6 o South College Corridor Plan o State Highway 392 Access Control Plan o West Central Neighborhoods Plan  Transfort Strategic Operating Plan  Transit Plan: Fort Collins, Loveland, and Larimer County (1996-2002)  Transit Oriented Development Parking Study  West Elizabeth Enhanced Travel Corridor Plan 2. Subways: None 3. Bridges:  Master Street Plan  North Front Range Regional Transportation Plan 4. Parkways:  Larimer County Urban Area Street Standards 5. Aviation Fields:  Airport Master Plan Update  The attached map entitled “Airports within the Three-Mile Area Plan Boundary” locates all the airports within the plan area 6. Other Public Ways: None 7. Terminals for Public Transportation:  Mason Corridor Master Plan Parks, Natural Areas, and Open Lands-related Items 1. Waterways:  Cache La Poudre River Landscape Opportunities Study  Downtown River Corridor Implementation Program  Poudre River Downtown Master Plan  Stormwater Master Plan and Floodplain Regulations  Watershed Approach to Stormwater Quality  The attached map entitled “Significant Waterways and Waterfronts within the Three-Mile Area Plan Boundary” locates all significant waterways within the plan area 2. Waterfronts:  The attached map entitled “Significant Waterways and Waterfronts within the Three-Mile Area Plan Boundary” locates all significant waterways within the plan area 3. Playgrounds, Squares, Parks:  City Plan  Larimer County Comprehensive Parks Master Plan  Parks and Recreation Policy Plan ITEM 3, ATTACHMENT 1 Packet Pg. 18 City of Fort Collins – Three-Mile Plan 2018 Update Page 7  Poudre School District Master Plan  Subarea Plans o Campus West Community Commercial District Planning Study Report o CDOT US392 Environmental Overview Study o CDOT North I-25 Environmental Impact Statement o CDOT US287 Environmental Overview Study o Downtown Plan o Downtown River Corridor Implementation Program Summary Report o Downtown Strategic Plan o Drake & College Area Urban Renewal Plan (adoption anticipated December 2018) o East Mulberry Corridor Plan o East Side Neighborhood Plan o Fossil Creek Reservoir Area Plan o Harmony Corridor Plan o I-25 Subarea Plan o Lincoln Corridor Plan o Midtown in Motion o Mountain Vista Subarea Plan Update o North College Corridor Plan o Northside Neighborhood Plan o Northwest Subarea Plan o Old Town Neighborhoods Plan o Prospect Road Streetscape Program o South College Corridor Plan o State Highway 392 Access Control Plan o West Central Neighborhoods Plan  Thompson School District Master Plan  Trails Master Plan 4. Grounds, Open Spaces:  Bobcat Ridge Natural Area Management Plan – outside Growth Management Area (GMA)  Cache La Poudre River Natural Areas Management Plan  City Plan  City of Fort Collins Natural Areas Program Land Conservation and Stewardship Master Plan  Colorado State University (CSU) Master Plan  Foothills Natural Areas Management Plan  Fort Collins Parks and Recreation Policy Plans  Fossil Creek Natural Areas Management Plan  Fossil Creek Reservoir Regional Open Space Management Plan  Larimer County Open Lands Master Plan  Larimer County Comprehensive Parks Master Plan  Northern Colorado Regional Planning Study  Natural Areas Master Plan  Plan for the Region Between Fort Collins and Loveland  Regional Community Separator Study  Soapstone Prairie Natural Area Management Plan – outside GMA ITEM 3, ATTACHMENT 1 Packet Pg. 19 City of Fort Collins – Three-Mile Plan 2018 Update Page 8  Wellington Community Separator Study  Windsor Community Separator Study Utilities and Related Items 1. Public Utilities:  2007 East Larimer County Water District (ELCO) Master Plan Update  208 Plan  Boxelder Sanitation District Wastewater Utility Plan  City Plan  Drinking Water Quality Policy  Fort Collins Communitywide 100% Renewable Electricity Goal  Fort Collins-Loveland Water District Master Plan  Fort Collins Water Supply and Demand Management Policy  Fort Collins Wastewater Master Plan Update  Fort Collins Revised Water Treatment Facility Master Plan  Fort Collins Utilities Energy Policy 2016 Update  Fort Collins Utilities Water and Wastewater Design Criteria Manual  South Fort Collins Sanitation District Master Plan for Wastewater Collection and Treatment  Stormwater Criteria Manual (adoption of update anticipated December 2018)  Stormwater Master Plan and Floodplain Management  Water Conservation Plan  Water Efficiency Plan 2. Terminals for Water, Light, Sanitation, Transportation, and Power Provided by the Municipality:  208 Plan  City Plan  City of Fort Collins Master Street Plan  City of Fort Collins Electric Long Range Plan  Drinking Water Quality Policy  Fort Collins Communitywide 100% Renewable Electricity Goal  Fort Collins-Loveland Water District Master Plan  Fort Collins Water Supply and Demand Management Policy  Fort Collins Wastewater Master Plan Update  Fort Collins Revised Water Treatment Facility Master Plan  Fort Collins Utilities Energy Policy 2016 Update  Fort Collins Utilities Water and Wastewater Design Criteria Manual  South Fort Collins Sanitation district Master Plan for Wastewater Collection and Treatment  Stormwater Criteria Manual (adoption of update anticipated December 2018)  Stormwater Master Plan and Floodplain Management  Water Conservation Plan  Water Efficiency Plan ITEM 3, ATTACHMENT 1 Packet Pg. 20 City of Fort Collins – Three-Mile Plan 2018 Update Page 9 Proposed Land Uses 1. Land Uses Defined within the Growth Management Area (GMA):  City Plan  City of Fort Collins Structure Plan  Fort Collins and Larimer County Intergovernmental Agreement  Fort Collins and Windsor Intergovernmental Agreement  Fort Collins and Timnath Intergovernmental Agreement Seventh Amendment  Colorado State University (CSU) Master Plan  City of Fort Collins Intergovernmental Agreements (Town of Timnath, South Fort Collins/Loveland Water District)  Subarea Plans o Campus West Community Commercial District Planning Study Report o CDOT US392 Environmental Overview Study o CDOT North I-25 Environmental Impact Statement o CDOT US287 Environmental Overview Study o Downtown Plan o Downtown River Corridor Implementation Program Summary Report o Downtown Strategic Plan o Drake & College Area Urban Renewal Plan (adoption anticipated December 2018) o East Mulberry Corridor Plan o East Side Neighborhood Plan o Fossil Creek Reservoir Area Plan o Harmony Corridor Plan o Harmony Road ETC Master Plan o I-25 Subarea Plan o Midtown Plan o Mountain Vista Subarea Plan Update o North College Corridor Plan o Northside Neighborhood Plan o Northwest Subarea Plan o Old Town Neighborhoods Plan o Prospect Road Streetscape Program o South College Corridor Plan o State Highway 392 Access Control Plan o West Central Neighborhoods Plan 2. Land Uses Outside the GMA:  A Plan for the Region Between Fort Collins and Loveland  City of Loveland Three-Mile Area Plan  Fort Collins-Windsor Intergovernmental Agreement for Development of the Interstate 25 / State Highway 392 Interchange  LaPorte Area Plan  Larimer County Master Plan  Larimer County Multi-Jurisdictional Hazard Mitigation Plan  Loveland Comprehensive Master Plan  Loveland Bicycle & Pedestrian Plan  Northern Colorado Community Separator Study  Northern Colorado Regional Communities I-25 Corridor Plan ITEM 3, ATTACHMENT 1 Packet Pg. 21 City of Fort Collins – Three-Mile Plan 2018 Update Page 10  Town of Windsor Comprehensive Plan and Zoning Code  Town of Timnath Comprehensive Plan  Town of Wellington Comprehensive Master Plan ITEM 3, ATTACHMENT 1 Packet Pg. 22 City of Fort Collins – Three-Mile Plan 2018 Update Page 11 ATTACHMENT A: Three-Mile Plan Boundary ITEM 3, ATTACHMENT 1 Packet Pg. 23 City of Fort Collins – Three-Mile Plan 2018 Update Page 12 ATTACHMENT B: Significant Waterways and Waterfronts within the Three-Mile Plan Boundary ITEM 3, ATTACHMENT 1 Packet Pg. 24 City of Fort Collins – Three-Mile Plan 2018 Update Page 13 ATTACHMENT C: Airports within the Three-Mile Plan Boundary ITEM 3, ATTACHMENT 1 Packet Pg. 25 City of Fort Collins – Three-Mile Plan 2018 Update Page 14 ATTACHMENT D: Land Uses within the Three-Mile Plan Boundary ITEM 3, ATTACHMENT 1 Packet Pg. 26 Agenda Item 4 Item 4, Page 1 STAFF REPORT November 15, 2018 Planning and Zoning Board PROJECT NAME Review of Proposed College and Drake Urban Renewal Plan STAFF Josh Birks, Economic Health and Redevelopment Director, Economic Health Office PROJECT INFORMATION PROJECT DESCRIPTION: Proposed Urban Renewal Plan at College Avenue & Drake Road Intersection APPLICANT: Urban Renewal Authority OWNER: Not Applicable RECOMMENDATION: Staff recommends Planning & Zoning support the Urban Renewal Plan by finding it in conformance with City Plan EXECUTIVE SUMMARY The purpose of this item is for the Planning & Zoning Board to review the proposed College and Drake Urban Renewal Plan (URP) for conformance with City Plan, the City of Fort Collins adopted comprehensive plan. The proposed URP is still in draft form. However, the portions of the plan that must comply with City Plan are complete and will only minor changes, such as grammatical edits. The P&Z Board must review and evaluate the URP before it can be formally adopted by City Council, currently scheduled for January 15, 2019, and make a recommendation related to the URP’s conformance with City Plan. STAFF ANALYSIS In 1982, City Council created the Fort Collins Urban Renewal Authority (URA) and designated itself as the governing board (known as the “Authority”). In 2018, Council repealed and reenacted Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins addressing changes in Colorado’s Urban Renewal Law. These changes included expanding the Authority to include Commissioners representing Larimer County, Poudre School District, all other special districts, and an at-large representative. BACKGROUND Drake Road and College Avenue is a prominent location within Midtown Fort Collins. Despite this prominence, the area suffers from vacancy, underutilization, and underinvestment, particularly when measured against community expectations and aspirations for the area as specified by City Plan (the City’s comprehensive plan), the Midtown Plan (a subarea plan for the Midtown area), and the Midtown in Motion Plan (Midtown transportation plan). (Note: These and other plans are available at <https://www.fcgov.com/planning/documents>). In 2009, in recognition of some of some of the redevelopment and reinvestment challenges that the Midtown corridor was facing, the Fort Collins City Council directed its staff to undertake the Midtown Redevelopment Study. Several recommendations came out of that study, including recommendations around community design and planning efforts, and importantly, a recommendation to form a new URP for the Midtown area. In 2011, the Midtown Plan Area Packet Pg. 27 Agenda Item 4 Item 4, Page 2 was formed. The Midtown Plan Area spanned a distance either side of College Avenue from Prospect Road to south of Harmony Road. The plan area was significant in size, though tax increment financing (TIF) had only been activate in two smaller areas (Prospect South TIF District and the Foothills Mall TIF District). The plan included the area of Drake Road and College Avenue, however, in 2015, to guard against unintended consequences from state legislation that became effective in 2016, the plan area was significantly reduced in size down to the area of the two existing TIF districts (Prospect South and Foothills Mall). Many of the conditions that were found in 2011 in this area remain, as does the opportunity to utilize the URA to leverage reinvestment and development outcomes that are consistent with community goals and objectives for the area. The new plan would allow the URA to utilize incremental taxes derived from within the plan to enable enhanced development outcomes, both public and private. Area priorities could include: enabling an enhanced mixed-use project; finance and construction of a public parking structure; and, enhanced public spaces and urban elements for the planned grocery store at the northwest corner of Drake Road and College Avenue. The Authority initiated the process to form a URP by authorizing an existing conditions study on July 9, 2018 by adopting URA Resolution No. 088. The existing conditions study is completed and has been presented to the public for review and comment. URBAN RENEWAL PLAN FORMATION PROCESS OVERVIEW The formation of a new URP involves the following steps: 1. Existing Conditions Study. Evaluate area for the existence of statutory blight conditions. State statutes require at least four conditions of blight to form a new URP (only one condition is required if all the affected property owners’ consent to the URP). COMPLETE 2. Draft Urban Renewal Plan. Immediately following the existing conditions study, staff will develop a draft Urban Renewal Plan for the area. The plan will specify goals, objectives, and priorities for the URA within the proposed plan area. Historically, these planning documents have been more general in scope. Consistent with a targeted plan area boundary, Staff desires that the URP be specific and detailed in describing the plans and priorities for the URA. IN PROCESS 3. Negotiate Tax Increment Allocation Agreement with Underlying Tax Entities. State statutes stipulate that the URA will engage with the underlying tax entities within the proposed URP to discuss and address service impacts resultant from new development and the allocation of incremental taxes. IN PROCESS 4. URP Review - Planning and Zoning Board. The proposed URP will be submitted to the Fort Collins Planning and Zoning Board for its review and comment. Staff has planned both a work session (November 9, 2018) and a regular meeting (November 15, 2018) with the Planning and Zoning Board. IN PROCESS 5. Public Hearing and New Plan Area Consideration by City Council. The final step in the process to form a new plan area is a public hearing and City Council consideration of the matter. SCHEDULED JANUARY 15, 2019 PLAN OVERVIEW The College and Drake Urban Renewal Plan (Plan) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (City), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (Urban Renewal Law). Unless otherwise stated, terms used in this plan have the same meaning as in the Urban Renewal Law. The draft plan is attached for review (Attachment 1). DESCRIPTION OF THE PLAN AREA The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. Packet Pg. 28 Agenda Item 4 Item 4, Page 3 The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. KEY DATES: A summary schedule of the URP review process is attached (Attachment 2). This schedule is subject to change based on several factors. Below is a summary of key dates in the schedule:  Late September to Early November – A series of meetings with the PRC to review the URP and the FIM resulting in recommendations for tax allocations. These meetings are still being scheduled as a result dates in the schedule are meant to be representative only.  November 9, 2018 – Target date to present preliminary draft IGAs defining the tax increment allocation to each of the affected entities.  November 15, 2018 – P&Z Public Hearing to review the proposed URP for consistency with land use code and the comprehensive plan.  Late November to Early December – A series of dates, each affected tax entity’s board will consider approved of a tax allocation IGA.  December 20, 2018 – The URA Board considers approving the tax allocation IGAs.  January 15, 2019 – City Council conducts a public hearing to consider approval of the URP. 1. SURROUNDING ZONING AND LAND USES All 13 parcels within the proposed URP currently are zoned General Commercial District (C-G), as is the property immediately north and south of the proposed plan area. The URP does not impact zoning within its boundaries or on any of the adjacent parcels. In addition, the entire URP falls within the Transit Oriented Development (TOD) Overlay. The existing land uses within the URP and on adjacent parcels is largely consistent with the C-G zoning. 2. COMPLIANCE WITH ZONING DISTRICT STANDARDS The plan does not initiate any development. Any planned or proposed development projects within the Urban Renewal Plan will go through the normal development review process. The plan does not alter the requirements for a given proposal in any way. Anticipated activities within the Urban Renewal Plan Area include: (1) redevelopment of the vacant K-Mart property north of Drake Road as a grocery superstore and (2) redevelopment of the Spradley Barr Mazda auto dealership site south of Drake Road as an urban mixed-use development. The Plan also anticipates public infrastructure improvements to support these redevelopment activities as well as to support the continued viability of existing commercial uses in the Plan Area as further detailed below. PUBLIC IMPROVEMENT PRIORITIES The Authority may, or may not cooperate with others to, install, construct, and reconstruct any public improvements to promote the objectives of the Plan and the Urban Renewal Law. Public projects are intended to stimulate (directly and indirectly) investment in and around the Plan Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the objectives stated herein, assist in the investment and reinvestment of the Plan Area, and thereby contribute to the overall economic wellbeing of the community. Senior City Planning and Engineering staff have identified a preliminary list of eligible public improvements for the Plan Area. Packet Pg. 29 Agenda Item 4 Item 4, Page 4 3. COMPLIANCE WITH GENERAL DEVELOPMENT STANDARDS FOR ALL DEVELOPMENT CITYWIDE The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • City Plan (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives: • To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements. • To address and remedy conditions in the area that impair or arrest the sound growth of the City, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal, and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement, and rehabilitation projects. • To provide a range of financing mechanisms to incent investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. Key Infill/Redevelopment Objectives from City Planning Documents Applicable to Area • City Plan. Policy EH 4.1 - Prioritize Targeted Redevelopment Areas. Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. • City Plan. Policy LIV 5.1 - Encourage Targeted Redevelopment and Infill. Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map (See Figure LIV 1). The purpose of these areas is to: o Promote the revitalization of existing, underutilized commercial and industrial areas. o Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity. o Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips. Packet Pg. 30 Agenda Item 4 Item 4, Page 5 o Promote reinvestment in areas where infrastructure already exists. o Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. • City Plan. Policy LIV 5.2 - Target Public Investment along the Community Spine. Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the city along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed-use activity centers over time. Established residential neighborhoods adjacent to College Avenue and the Mason Corridor will be served by improvements to the “community spine” over time, but are not intended to be targeted for infill or redevelopment. (Also see the Economic Health chapter’s principles and policies on infill and redevelopment). • City Plan. Policy LIV 35.4 - Transform through Infill and Redevelopment. Support the transformation of existing, underutilized Community Commercial Districts through infill and redevelopment over time to more intense centers of activity that include a mixture of land uses and activities, an enhanced appearance, and access to all transportation modes. (Also see the Infill and Redevelopment section in this chapter.) • Other Notable City Plan Concepts o Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a more pedestrian-friendly environment, reduce land devoted to surface parking lots as infill and redevelopment occur. o Policy LIV 31.1 - Relationship of Commercial District Uses. Encourage and concentrate active uses and vertical mixed-use at key intersections. o Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities. Incorporate mixture of type and scale public spaces, such as plazas, courtyards, urban pocket parks. o Provide Transit-Oriented Activity Centers - “Focal points and centers of activity”, with “higher intensities”, and a high-quality pedestrian and transit orientated environment. o Reduce Carbon Emissions - Through support of a “compact development pattern, an interconnected transit system, multiple means of travel, [and] transit-oriented activity centers”. • Midtown Plan Concepts o Improved Internal Circulation - Internal streets should be developed that provide access between properties at a slower, calmer pace that is inviting to business and residential users. o Incent New Investment - “Incentivize new investment and enact policies” for implementation that aligns with the Plan’s vision. o Vitality - Midtown will be a vital corridor with a mix of uses and activities. o Craft a parking strategy that supports increased densities. o Promote optimum use of the MAX Bus Rapid Transit system. • Midtown in Motion Concepts o Improving safety for all modes of travel. o Providing bicycle circulation options. o Enhancing pedestrian circulation across College Avenue and to MAX BRT. o Ensuring mobility and accessibility for people of all ages and abilities. o Utilizing frontage and circulation roads to provide business access. o Creating beautiful, identifiable, and unique design. o Identifying funding and building partnerships. Packet Pg. 31 Agenda Item 4 Item 4, Page 6 4. MODIFICATION OF STANDARD REQUESTED None 5. PUBLIC OUTREACH A letter of notification was sent via certified mail to the property owners within the College and Drake Existing Conditions Survey Area. In addition, a letter of notice stating the time and place of an Open House was sent to the property owners in and within 1,000 feet of the survey area. In addition, Staff has or will present the URP to the following groups: • Open House at Christ United Methodist Church at 301 E. Drake Road – October 10, 2018; • Fort Collins Urban Renewal Authority Board – October 12, 2018; • Plan Area Review Committee (including staff from Larimer County, Poudre School District, Northern Larimer County Health District, and Poudre River Library District) October 16, 2018; • Fort Collins Area Chamber of Commerce – Local Legislative Affairs Committee – November 9, 2018; • Midtown Business Association (formerly South Fort Collins Business Association) – November 13, 3018; 6. FINDINGS OF FACT AND CONCLUSIONS The proposed College & Drake URP conforms with City Plan. RECOMMENDATION Staff recommends the P&Z Board pass a motion finding the proposed College & Drake URP in conformance with City Plan. ATTACHMENTS 1. DRAFT College & Drake Urban Renewal Plan, September 7, 2018 2. Staff Presentation Packet Pg. 32 Draft Report College and Drake Urban Renewal Plan Prepared for: City of Fort Collins and Fort Collins Urban Renewal Authority Prepared by: Economic & Planning Systems, Inc. October 31, 2018 EPS #173061 ITEM 4, ATTACHMENT 1 Packet Pg. 33 Table of Contents 1. INTRODUCTION ...................................................................................................... 1 2. BLIGHT CONDITIONS ............................................................................................... 1 3. PLAN GOALS AND CONFORMANCE ................................................................................. 3 Plan Goals and Objectives ........................................................................................ 3 Plan Conformance ................................................................................................... 4 4. AUTHORIZED URBAN RENEWAL POWERS ........................................................................ 7 Public Improvements and Facilities ............................................................................ 7 Cooperative Agreements .......................................................................................... 7 Purchase of Property ............................................................................................... 7 Demolition, Clearance, Environmental Remediation, and Site Preparation ........................ 8 Property Disposition ................................................................................................ 8 Redevelopment Agreements ..................................................................................... 8 Relocation Assistance .............................................................................................. 8 Hiring .................................................................................................................... 8 Legal Authority ....................................................................................................... 9 Catalyst and Enhancement Projects ........................................................................... 9 5. ANTICIPATED URBAN RENEWAL ACTIVITIES ................................................................... 10 Private Project Investments .................................................................................... 10 Public Improvement Priorities ................................................................................. 13 6. PROJECT FINANCING .............................................................................................. 15 Property Tax Increment Financing (TIF) ................................................................... 15 Sales Tax Increment Financing ............................................................................... 22 Tax Increment Reimbursements .............................................................................. 26 7. MODIFICATIONS TO THE PLAN ................................................................................... 27 8. SEVERABILITY AND REASONABLE VARIATIONS ................................................................ 28 9. EFFECTIVE DATE OF THE PLAN .................................................................................. 29 ITEM 4, ATTACHMENT 1 Packet Pg. 34 List of Tables Table 1 Proposed Grocery-Anchored Development Summary (August 2018) .................... 10 Table 2 Proposed Mixed-Use Development Summary (August 2018) ............................... 11 Table 3 Eligible Public Improvements ......................................................................... 14 Table 4 Plan Area Existing and Estimated Property Tax Values ....................................... 19 Table 5 Property Tax Increment Revenues by Taxing District ......................................... 20 Table 6 Estimated Taxable Sales ................................................................................ 24 Table 7 Estimated Sales Tax Revenue......................................................................... 25 ITEM 4, ATTACHMENT 1 Packet Pg. 35 List of Figures Figure 1 College and Drake Urban Renewal Plan Area and TIF District ................................ 3 Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) .................... 11 Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) ........................... 12 ITEM 4, ATTACHMENT 1 Packet Pg. 36 Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 1. INTRODUCTION The College and Drake Urban Renewal Plan (“Plan”) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (“Authority”) and the City of Fort Collins (“City”), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (“Urban Renewal Law”). Unless otherwise stated, terms used in this Plan have the same meaning as in the Urban Renewal Law. The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within the City boundaries there may be one or more urban renewal plan areas. This Plan describes the framework for certain public undertakings and activities constituting an urban renewal project under the Urban Renewal Law in the College and Drake Urban Renewal Plan Area as legally described in Appendix A and depicted in Figure 1 of this Plan (“Plan Area”). This Plan was prepared for adoption by the Fort Collins City Council (the “City Council”) in recognition that the Plan Area requires a coordinated, cooperative strategy, with financing possibilities, to eliminate unfavorable existing conditions and prevent further deterioration. This Plan intends to accomplish the City’s development objectives for improving the overall condition of this area by creation of the Plan Area. The driving interest in the establishment of this Plan is to enable the use of tax increment financing (“TIF”) as a tool to stimulate and leverage both public and private sector development, including redevelopment, to help remedy adverse conditions and prevent the spread of further deterioration. It is the intent of this Plan for any development projects and other implementation actions to be done in a responsive manner, with full consideration for interests and concerns of property owners in the Plan Area. This Plan effort originated in response to two proposals for private development in the Plan Area. While these two projects are anticipated to occur in the near term, additional development and redevelopment may occur incrementally over a period of time, with the potential for the Authority to engage in additional redevelopment activities at a faster pace than might occur otherwise. The Plan has been made available to City of Fort Collins residents. Input was solicited of area residents, property owners, and business owners and tenants prior to completion of the Plan. Notifications of public hearings and an open house was provided to property owners, tenants, and residents within and surrounding the Plan Area stating the following: time, date, place, and a description of the Plan and its general scope. Meetings were held before the Planning and Zoning Board and the Authority’s board in Fall 2018 to receive comments and input on this Plan. To the extent provided in Colorado Open Public Records Act and pursuant to policies adopted by the Authority, project plans and proposals will be made available to the public. Description of the Plan Area The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of ITEM 4, ATTACHMENT 1 Packet Pg. 37 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. The Plan Area is depicted on the Boundary Map in Figure 1 on the following page. A legal description of the area is attached as Appendix A. Description of the Tax Increment Financing District The College and Drake Tax TIF District has the same boundaries as the Plan Area and is depicted on the Boundary Map shown in Figure 1 on the following page. A legal description of the TIF District is attached as Appendix A. ITEM 4, ATTACHMENT 1 Packet Pg. 38 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 3 Draft Report Figure 1 College and Drake Urban Renewal Plan Area and TIF District ITEM 4, ATTACHMENT 1 Packet Pg. 39 Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 2. BLIGHT CONDITIONS Before an urban renewal plan can be adopted by the City Council, there must be a determination that an area constitutes a blighted area. This determination depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law (C.R.S. § 31-25-103) as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d Unsanitary or unsafe conditions; e Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object ITEM 4, ATTACHMENT 1 Packet Pg. 40 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To use the powers of eminent domain, the definition of “blighted” is broadened to require that five of the eleven blight factors must be present (C.R.S. § 31-25-105.5(5)(a)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25-103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The methodology used to prepare the College and Drake Existing Conditions Survey for the Plan Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather information about the properties and infrastructure within the Plan Area boundaries; (iii) evaluate evidence of blight through field reconnaissance; and, (iv) record observed and documented conditions listed as blight factors in State Statute. The entire College and Drake Existing Conditions Survey is included as Appendix B of this Plan. Based on the evidence presented at a public hearing, and in the College and Drake Existing Conditions Survey dated July 2018, the City Council, by Resolution ***, made a finding that the Plan Area was “blighted” as defined by the Urban Renewal Law, by the existence of the following six factors: (a) Slum, deteriorated, or deteriorating structures. (b) Predominance of defective or inadequate street layout. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. The City Council also found that these factors, taken together, substantially impair the sound growth of the City, constitute an economic and social liability, and negatively affect the public health, safety and welfare of the community. Based on evidence of the “blighted” factors, the Plan Area is appropriate for authorized undertakings and activities of the Authority pursuant to the Urban Renewal Law. ITEM 4, ATTACHMENT 1 Packet Pg. 41 Economic & Planning Systems, Inc. 3 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 3. PLAN GOALS AND CONFORMANCE Plan Goals and Objectives The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • City Plan (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives: • To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements. • To address and remedy conditions in the area that impair or arrest the sound growth of the City, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal, and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement, and rehabilitation projects. • To provide a range of financing mechanisms to incent investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. ITEM 4, ATTACHMENT 1 Packet Pg. 42 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 4 Draft Report Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. City Plan The City’s adopted Comprehensive Plan, known as City Plan, describes desirable land use and transportation patterns, with goals and policies for those topics along with community appearance and design, the environment, open lands, housing, the economy, and growth management. The City of Fort Collins is currently updating City Plan, scheduled to be completed in early 2019. This Plan is intended to provide the mechanisms to facilitate implementation of City Plan, and therefore it is in direct conformance with the current City Plan and is not anticipated to conflict with the updated plan. The following excerpts from the existing City Plan highlight the linkage between City Plan and this Plan. These are representative excerpts, and not an all-inclusive list of relevant statements: City Plan. Policy EH 4.1 - Prioritize Targeted Redevelopment Areas. Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. City Plan. Policy LIV 5.1 - Encourage Targeted Redevelopment and Infill. Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map (See Figure LIV 1). The purpose of these areas is to: • Promote the revitalization of existing, underutilized commercial and industrial areas. • Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity. • Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips. • Promote reinvestment in areas where infrastructure already exists. • Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. City Plan. Policy LIV 5.2 - Target Public Investment along the Community Spine. Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the city along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed-use activity centers over time. ITEM 4, ATTACHMENT 1 Packet Pg. 43 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 5 Draft Report Other Notable City Plan Concepts • Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a pedestrian-friendly environment, reduce land devoted to surface parking lots as infill and redevelopment occur. • Policy LIV 31.1 - Relationship of Commercial District Uses. Encourage and concentrate active uses and vertical mixed-use at key intersections. • Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities. Incorporate mixture of type and scale public spaces, such as plazas, courtyards, urban pocket parks. • Key Theme - Provide Transit-Oriented Activity Centers. “Focal points and centers of activity”, with “higher intensities”, and a high-quality pedestrian and transit orientated environment. • Key Theme - Reduce Carbon Emissions. Through support of a “compact development pattern, an interconnected transit system, multiple means of travel, [and] transit-oriented activity centers”. Midtown Plan City Council adopted the Midtown Plan on October 1, 2013, which establishes guidelines for future redevelopment of the Midtown Area—a major economic engine in the City—in compliance with the adopted City Plan. The Midtown Plan seeks to complement current and forthcoming investment by developing a vision and associated land use tools to guide the design of future redevelopment, and identify opportunities to further enhance streetscapes and multi-modal connectivity. The Plan Area is located in the Upper Midtown Character Area in the Midtown Plan. This Plan is in conformance with the following concepts from the Midtown Plan: • Improved Internal Circulation - Internal streets should be developed that provide access between properties at a slower, calmer pace that is inviting to business and residential users. • Incent New Investment - “Incentivize new investment and enact policies” for implementation that aligns with the Plan’s vision. • Vitality - Midtown will be a vital corridor with a mix of uses and activities. • Craft a parking strategy that supports increased densities. • Promote optimum use of the MAX Bus Rapid Transit system. Midtown in Motion The Midtown in Motion transportation design plan for College Avenue was adopted by City Council in October of 2014, encompassing College Avenue from Prospect Road to Harmony Road. The design plan addresses College Avenue, the adjacent frontage roads, and connections to the Mason Bus Rapid Transit (BRT) stations. Midtown in Motion is an implementation element stemming from the City of Fort Collins Transportation Master Plan and the Midtown Plan. The following concepts included in Midtown in Motion support this Plan: • Improving safety for all modes of travel. • Providing bicycle circulation options. ITEM 4, ATTACHMENT 1 Packet Pg. 44 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 6 Draft Report • Enhancing pedestrian circulation across College Avenue and to MAX BRT. • Ensuring mobility and accessibility for people of all ages and abilities. • Utilizing frontage and circulation roads to provide business access. • Creating beautiful, identifiable, and unique design. • Identifying funding and building partnerships. Development Standards and Procedures All development within the Plan Area shall conform to the City’s Land Use Code and any site- specific City zoning regulations and policies which might impact properties in the Plan Area, all as in effect and as may be amended from time to time. However, as authorized by the Urban Renewal Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of any part f the Plan Area as needed in connection with urban renewal project described in this Plan. ITEM 4, ATTACHMENT 1 Packet Pg. 45 Economic & Planning Systems, Inc. 7 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 4. AUTHORIZED URBAN RENEWAL POWERS To support progress toward the outlined objectives of this Plan, the Authority may pursue any of the following renewal undertakings and activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: Public Improvements and Facilities The Authority may cause, finance or facilitate the design, installation, construction and reconstruction of public improvements in the Plan Area. In order to promote the effective utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among other things, enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage; street, transit, and pedestrian access conditions; and other infrastructure deficiencies in the Plan Area. Cooperative Agreements For the purposes of planning and implementing this Plan, the Authority may enter into one or more cooperative agreements with the City, other public entities and private parties. Such agreement may include provisions regarding project financing and implementation; design, location, construction of public improvements; revenue sharing or other measures approved by the Authority to offset urban renewal project impacts on improvements or services; and any other matters required to implement this Plan. Potential entities include, but are not limited to: Xcel Energy, CenturyLink, Comcast, Poudre Valley Fire Authority, and Fort Collins-Loveland Water District. Purchase of Property In the event that the Authority finds it necessary to purchase any real property for an urban renewal project to remedy blight factors pursuant to the Urban Renewal Law and this Plan, the Authority may do so by any legal means available, including the exercise of the power of eminent domain pursuant to and in accordance with the Urban Renewal Law. If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity, the Authority’s decision whether to acquire the property through eminent domain shall be guided by the following criteria, with the understanding that these guidelines shall not be construed to constrain the Authority’s legal ability to exercise the power of eminent domain: • All requirements of the Urban Renewal Law, including eminent domain procedures, have been met. • Other possible alternatives have been thoroughly considered by the Authority. • Good faith negotiations by the Authority and/or the project developers have been rejected by the property owner. ITEM 4, ATTACHMENT 1 Packet Pg. 46 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 8 Draft Report • Reasonable efforts have been undertaken to: (a) understand and address the property owner’s position and his or her desires for the property and for any existing business on the site, and (b) work with the owner to either include the owner in project planning or purchase the property and relocate the owner in accordance with the Urban Renewal Law on terms and conditions acceptable to the owner. Demolition, Clearance, Environmental Remediation, and Site Preparation The Authority may, on a case-by-case basis, elect to demolish or to cooperate with others to clear buildings, structures, and other improvements. Development activities consistent with this Plan may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. Property Disposition The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Redevelopment Agreements The Authority may enter into redevelopment agreements with property owners or developers in the Plan Area to facilitate participation and assistance that the Authority may choose to provide to such owners or developers. These may include provisions regarding project planning, public improvements, financing, design, and any other matters allowed pursuant to the Urban Renewal Law. Relocation Assistance It is not expected that the activities of the Authority will displace any person, family, or business. However, to the extent that in the future the Authority may purchase property causing displacement of any person, family, or business, it shall develop a relocation program to assist any such party in finding another location pursuant to the Urban Renewal Law, and provide relocation benefits consistent with the Urban Renewal Law. There shall be no displacement of any person or business without there being in place a relocation program, which program shall become a part of this Plan when adopted. Hiring The Authority may employ consultants, agents, and employees, permanent and temporary, and it shall determine their qualifications, duties, and compensation. ITEM 4, ATTACHMENT 1 Packet Pg. 47 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 9 Draft Report Legal Authority In implementing and conducting the urban renewal project authorized in this Plan, the Authority may also exercise all other powers given to it under the Urban Renewal Law and any other applicable law. Catalyst and Enhancement Projects There may also be opportunity for rehabilitation and redevelopment of the properties surrounding the Plan Area that will continue to foster cleanup, preservation and redevelopment of nearby properties. Additional public infrastructure, not limited to pedestrian amenities, enhanced landscaping, public transportation improvements, public utilities, or public art and architectural features as well as access to services, meeting facilities and shopping options may also further redevelopment of the Plan Area. ITEM 4, ATTACHMENT 1 Packet Pg. 48 Economic & Planning Systems, Inc. 10 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 5. ANTICIPATED URBAN RENEWAL ACTIVITIES Anticipated undertakings and activities within the Urban Renewal Plan Area include, without limitation: (1) redevelopment of the vacant K-Mart property north of Drake Road as a grocery superstore and (2) redevelopment of the Spradley Barr Mazda auto dealership site south of Drake Road as an urban mixed-use development. The Plan also anticipates public infrastructure improvements to support these redevelopment activities as well as to support the continued viability of existing commercial uses in the Plan Area as further detailed below. Private Project Investments Proposed Grocery-Anchored Development A King Soopers grocery-anchored development is being proposed for the Dillon Companies/ Kroger owned parcels on the northwest corner of Drake Road and College Avenue, currently containing the vacant K-Mart structure. This proposed development includes a 92,000 square foot King Soopers Marketplace and 8,100 square feet of ancillary retail store space, as shown in Table 1. This project would involve the relocation of an existing King Soopers store, currently located 0.2 miles to the north of the parcel. The existing fuel station on the site would remain. The existing 5,500 square foot Jiffy Lube Auto Center at the southeast corner of the site would also remain, as shown in Figure 2. Table 1 Proposed Grocery-Anchored Development Summary (August 2018) The proposal includes 373 parking spaces dedicated to the development (including 8 cart corrals), as well as 60 spaces of parking dedicated for MAX BRT located just west of the proposed supermarket under an existing easement. The site plan is currently in the planning stages, however there is a desire for the development to “urbanize around the fringe” to enhance the public spaces and urban elements in the area. Description Size Dillon Companies Property Grocery (King Soopers) 92,000 sq. ft. Ancillary Retail 8,100 sq. ft. Existing Retail 5,500 sq. ft. Parking 433 spaces Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061- Development Plan Summary.xlsx]Dev Program Summary ITEM 4, ATTACHMENT 1 Packet Pg. 49 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 11 Draft Report Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) Proposed Mixed-Use Development A mixed-use development is proposed for the Dracol owned parcels on the southwest corner of Drake Road and College Avenue, currently containing the Spradley-Barr Mazda dealership and service center. The proposed development would include 17,200 square feet of retail in three structures, a 110-room hotel, and two multifamily apartment buildings with a total of 190 residential units, as shown in Table 2. The design of the development is oriented towards the street, with landscaping around the edge and parking internal to the site, as shown in Figure 3. Table 2 Proposed Mixed-Use Development Summary (August 2018) Description Size Dracol Property Residential Building A 99 units Building B 91 units Retail 17,200 sq. ft. Hotel 110 rooms Source: Economic & Planning Systems ITEM 4, ATTACHMENT 1 Packet Pg. 50 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 12 Draft Report Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) ITEM 4, ATTACHMENT 1 Packet Pg. 51 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 13 Draft Report Public Improvement Priorities The Authority may, or may not, cooperate with others to, install, construct, and reconstruct any public improvements for the purpose of promoting the objectives of the Plan and the Urban Renewal Law. Public projects are intended to stimulate (directly and indirectly) investment in and around the Plan Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the objectives stated herein will assist in the investment and reinvestment of the Plan Area and thereby contribute to the overall economic wellbeing of the community. Eligible Public Improvements Senior City Planning and Engineering staff have identified a preliminary list of eligible public improvements for the Plan Area, as shown in Table 3. These improvements are grouped in three categories, as follows: 1. Development Related – These Category 1 improvements include improvements that are required to be built to implement the two private redevelopment projects proposed to be built in the near term. These improvements are anticipated to be built and paid for by the private developer; however some TIF may be needed to address project feasibility. 2. Plan Area Improvements – These Category 2 improvements include public improvements that address blighted conditions and improve the overall Plan Area environment, but are not specifically needed or required by the anticipated private development activity. These improvements are expected to be paid for by TIF and/or other public funds. 3. Additional Opportunities – These Category 3 improvements include other Plan Area improvements that are either more long term, lower priority, or require additional study compared to those listed in Category 2. One or more of these projects could move up in priority if future conditions and needs change. ITEM 4, ATTACHMENT 1 Packet Pg. 52 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 14 Draft Report Table 3 Eligible Public Improvements 1. Development-related Estimated Cost 1 Dual left turns EB Drake to NB College $707,900 2 Pork Chop (Pedestrian Refuge) islands at Drake and College $201,200 3 Relocating College Ave street lights from medians to outside edges (based on college and prospect estimate) $219,600 4 Bus stop improvements on Drake near MAX (4 total) $24,000 5 Detached sidewalks with landscaped parkways $838,300 6 Access / turn lane / approach improvements on Drake between College and Redwing TBD 7 Drake ductile water line replacement TBD 8 Mid-block left turns between College and McClelland TBD Subtotal $1,991,000 2. Plan Area Improvements Estimated Cost 1 Signs and pavement markings (included as percentage in each estimate) TBD 2 Color concrete crosswalks at Drake and College (4 total) $87,300 3 New traffic signal system at Drake and College $300,000 4 Landscaped medians per current Streetscape standards $452,700 5 Extend concrete pavement limits on Drake, for approaches to College (R.O.W estimate) $1,079,800 6 College Avenue stormwater inlet replacements TBD 7 East side of College multi-use path TBD Subtotal $1,919,800 3. Additional Opportunities Estimated Cost 1 Outside of URA area, access / turn lane improvements on Drake between College and Harvard Street? TBD 2 WB to SB (future) TBD 3 Bay Road Improvements (CSU Campus Master Plan) TBD 4 Bike/ped grade separation of Mason Trail at Drake (top tier project identified in recently completed Master Plan study) TBD 5 Drake MAX Station Parking Structure $7,000,000 Subtotal $7,000,000 Total $10,910,800 H:\173061-Fort Collins Urban Renewal Authority\Data\[Public Improvements Project List.xlsx]Prioritization Summary For Rpt ITEM 4, ATTACHMENT 1 Packet Pg. 53 Economic & Planning Systems, Inc. 15 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 6. PROJECT FINANCING Financing Powers Except as hereafter specifically provided, the undertakings and activities of the urban renewal project described in this Plan may be financed, in whole or in part, by the Authority to the full extent authorized under the TIF provisions of CRS § 31-25-107(9)(a) in the Urban Renewal Law, as amended, and with any other available sources of revenues and means of financing authorized to be undertaken by the Authority pursuant to the Urban Renewal Law and under any other applicable law, which shall include, without limitation: • The collection and use of revenues from property tax increments, sales tax increments, interest income, federal loans or grants, agreements with public, quasi-public, or private parties and entities, loans or advances from any other available source, and any other available sources of revenue. • The issuance of bonds and other indebtedness, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The borrowing of funds and creation of other indebtedness. • The use of any and all financing methods legally available to the City, the Authority, any private developer, redeveloper, or owner to finance in whole or in part any and all costs, including without limitation the cost of public improvements, described or anticipated in the Plan or in any manner related or incidental to the development of the Plan Area. Such methods may be combined to finance all or part of activities and undertakings throughout the Plan Area. • The principal, interest, any premiums and any other amounts legally due on or in connection with any indebtedness or obligation of the Authority may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. This Plan contemplates, however, that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues from Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities described herein. Tax Increment Financing District Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby approves the Plan Area as a single tax increment financing district with the same boundary as the Plan Area (the “District”). The boundaries of this District shall therefore be as depicted in Figure 1 and legally described in Appendix A. ITEM 4, ATTACHMENT 1 Packet Pg. 54 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 16 Draft Report Property Tax Increment Financing The Authority is specifically authorized to collect and expend property tax increment revenue to the full extent authorized by the Urban Renewal Law and to use that revenue for all purposes authorized under this Plan. ITEM 4, ATTACHMENT 1 Packet Pg. 55 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 17 Draft Report Property Tax Increment Limitations The Authority shall establish a fund for the financing authorized under this Plan that shall be funded with the property tax allocation authorized to the Authority under the Urban Renewal Law in C.R.S. Section 31-25-107(9). Under this method, the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of this Plan upon taxable property in the Plan Area each year by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of the taxes which are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Plan Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Plan Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – That portion of said property taxes in excess of such base amount must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess property tax collections not allocated in this way must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the Plan Area exceeds the base valuation for assessment of the taxable property in the Plan Area, all of the taxes levied upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the City, within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata share of the prior year’s property tax increment attributable to each taxing body’s current mill levy in which property taxes were divided. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives either because the voters have authorized the City, county, special district, or school district to retain and spend said moneys pursuant to section 20(7)(d) of Article X of the Colorado Constitution subsequent to the creation of this special fund or as a result of an increase in the property tax mill levy approved by the voters of the City, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the City, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the Plan, are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. ITEM 4, ATTACHMENT 1 Packet Pg. 56 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 18 Draft Report In calculating and making these payments, the County Treasurer may offset the Authority’s pro rata portion of any property taxes that are paid to the authority under these terms and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for an urban renewal project. The Authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the Authority to offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with Section 31- 25-107(9)(a)(III) and (b), C.R.S. The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. At the time of general reassessment of taxable property valuations in Larimer County, including all or part of the Plan Area subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with such reassessment or change. Note that at the time of this Plan adoption, such a general reassessment occurs every two years, in the odd-numbered years. ITEM 4, ATTACHMENT 1 Packet Pg. 57 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 19 Draft Report Property Tax Increment Forecasts The estimated property tax valuations and Plan Area tax increment associated with the two proposed redevelopment projects are shown in Table 4 below. The estimated actual value of the King Soopers project, including the existing retail that will remain onsite, is $13.7 million and the estimated actual value of the Brinkman Development is $60.4 million, resulting a total of $74.2 million. Including the existing uses in the rest of the Plan Area, the total estimated actual value for the Plan Area is $75.7 million. The total estimated assessed value of the combined new developments (Real Property only) is $12.4 million, and for the entire Plan Area is $12.8 million, as shown. Table 4 Plan Area Existing and Estimated Property Tax Values Description Size Value Factor Estimated Actual Value 1 Base (2019) Assessed Value 1 Estimated (2021) Assessed Value 1 Total Assessed Value Increment King Soopers Development King Soopers 92,000 sq. ft. $110 /sq. ft. $10,120,000 $1,146,602 $2,934,800 $1,788,200 Ancillary Retail 8,100 sq. ft. $269 /sq. ft. $2,180,700 $342,200 $632,398 $290,200 Existing Retail 5,500 sq. ft. Tax Records $1,442,400 $418,296 $418,296 $0 Total $13,743,100 $1,907,100 $3,985,494 $2,078,400 Brinkman Development Apartments 190 units $220,000 /unit $41,800,000 $3,009,600 Hotel 110 keys $127,288 /room $14,001,700 $4,060,487 Retail 17,200 sq. ft. $269 /sq. ft. $4,630,600 $1,342,869 Total $60,432,300 $1,199,600 $8,412,957 $7,213,400 Other URA Parcels Retail 2,008 sq. ft. Service 6,172 sq. ft. Total $1,487,210 $431,291 $431,291 $0 GRAND TOTAL $75,662,610 $3,537,991 $12,829,741 $9,291,800 1 Real Property Source: Larimer County Assessor; Economic & Planning Systems ITEM 4, ATTACHMENT 1 Packet Pg. 58 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 20 Draft Report The assessed value of all existing uses in the Plan Area represents the TIF base, which totals $3.5 million as also shown above. Subtracting the base from the new assessed value provides an estimate of the net assessed value used in calculating the Plan Area tax increment. The total assessed value is expected to be approximately $12.8 million when these two projects are complete in 2020, a net increase of $9.3 million. The associated tax increment forecasts are shown in Table 5. The forecasts are shown for each taxing district within the Plan Area and in total. The total annual tax increment is forecast to be approximately $844,000 in the first year of stabilization in 2021, totaling $20.3 million over the 25-year period of TIF eligibility. The Poudre Valley School District, with a combined mill levy, comprises the largest component of the total 25-year TIF at $11.7 million, which is comprised of general fund mill levy of 38.683 and a Bond Payment mill levy of 13.947 followed by Larimer County with 22.092 mills at $4.9 million. The City of Fort Collins mill levy is 9.797 and would generate approximately $2.2 million over the 25-year TIF period. Table 5 Property Tax Increment Revenues by Taxing District Taxing District Cooperative Agreements Pursuant to the provisions of Section 31-205-107(9.5)(a) of the Urban Renewal Law, the Authority has notified the Board of County Commissioners of Larimer County and the governing boards of all other taxing entities whose incremental property tax revenues would be allocated under this Plan. Representatives of the Authority and the governing body of each taxing entity have met and attempted to negotiate an agreement governing the sharing of incremental property tax revenue allocated to the special fund of the Authority. The agreements address, without limitation, estimated impacts of the Plan on county or district services associated solely with the Plan. Description Mill Levy Tax Liability Annual Increment 2021-2044 Total Total Assessed Value Increment $9,291,800 $843,956 Taxing District Larimer County 22.092 $205,274 $205,274 $4,926,587 City of Fort Collins 9.797 $91,032 $91,032 $2,184,762 Poudre R-1 General Fund 38.683 $359,435 $359,435 $8,626,433 Poudre R-1 Bond Payment 13.947 $129,593 $129,593 $3,110,226 Poudre River Public Library District 3.000 $27,875 $27,875 $669,010 Health District of No. Larimer County 2.167 $20,135 $20,135 $483,248 N. Colorado Water Conservation District 1.000 $9,292 $9,292 $223,003 Larimer County Pest Control District 0.142 $1,319 $1,319 $31,666 Total 90.828 $843,956 $20,254,935 Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Property Tax District Detail ITEM 4, ATTACHMENT 1 Packet Pg. 59 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 21 Draft Report Any such, shared incremental tax revenues governed by any agreement are limited to all or any portion of the incremental revenue generated by the taxes levied upon taxable property by the taxing entity within the area covered by the Plan in addition to any incremental sales tax revenues generated within the Plan Area by the imposition of the sales tax of the City and, at the option of any other taxing entity levying a sales tax in the area covered by the Plan, any incremental sales tax revenues of such other taxing entity that are included within the agreement. Copies of this Plan have been provided to all public entities having taxing authority within the Plan Area for their review and comment. Larimer County received the Impact Report required by C.R.S. § 31- 25-107(3.5) of the Urban Renewal Law, and all other taxing entities having taxing authority within the Plan Area received a copy of an Impact Report similar to that required by C.R.S. § 31-25-107(3.5) of the Urban Renewal Law for counties, which includes information necessary to comply with HB 15-1348 and SB 16-177 and for the taxing entity to analyze the proposed Plan. For each taxing entity the Impact Report indicates the current taxes being generated from the Plan Area, the current proposed development plan, and the proposed capture of tax increment from the Plan Area as it relates to each taxing entity. As required by the Urban Renewal Law, the Authority entered into an Intergovernmental Agreement (“IGA”) with each taxing entity within the Plan Area to set out the terms and conditions governing the sharing of incremental property tax revenue within the Plan Area. IGAs authorizing the use of Property Tax Increment within the Plan Area have been negotiated and approved with the following taxing bodies: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 • 3 The following taxing bodies have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 The following taxing bodies also have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive; however, mediation with these taxing entities is in process as of the date of approval of the Plan. In the event that agreement is reached with these taxing bodies, or the findings issued by the mediator allocate Property Tax Increment from these mill levies to the Authority, the addition of such revenue to the Special Fund under this Plan shall not be a substantial modification to the Plan. • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 ITEM 4, ATTACHMENT 1 Packet Pg. 60 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 22 Draft Report Sales Tax Increment Financing The urban renewal project under the Plan may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law in C.R.S. Section 31-25-107(9). The Urban Renewal Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing to the City may be “frozen” at their current level. The current level is established based on the previous 12 months prior to the adoption of this Plan. Thereafter, the City can continue to receive this fixed sales tax revenue. The Authority thereafter may receive all, or an agreed upon portion of the additional sales taxes (the increment) that are generated above the base. The Authority may use these incremental revenues to finance the issuance of bonds, reimburse developers for public improvement costs, reimburse the City for public improvement costs, and pay off financial obligations and other debts incurred in the administration of the Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected by the City, and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan. Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council specifically authorizes the use of Tax Increment from the 2.25 percent City general purpose sales tax, and agrees to allow NUMBER percent (x%) of the Sales Tax Increment generated under this Plan to be received by the Authority to further the goals of the Plan. City Sales Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the tax allocation financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes collected within the Plan Area, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of municipal sales taxes, not including any sales taxes for remote sales as specified in § 39-26-104 (2), C.R.S., collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – All or any portion of said municipal sales taxes in excess of such base amount, must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess municipal sales tax collections not allocated in this way must be paid into the funds of the municipality, as applicable. Unless and until the total municipal sales tax collections in the Plan Area exceed the base year municipal sales tax collections in the Plan Area, all such sales tax collections must be paid into the funds of the City. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are ITEM 4, ATTACHMENT 1 Packet Pg. 61 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 23 Draft Report placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. Section 31-25-107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. In the event there is a change in the sales tax percentage levied in the City including all or part of the Plan Area subject to division of sales taxes between base and increment, as provided above, the portions of valuations for sales taxes to be allocated as provided above shall be proportionately adjusted in accordance with such change. ITEM 4, ATTACHMENT 1 Packet Pg. 62 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 24 Draft Report Sales Tax Increment Forecasts The City can commit all or a portion of the incremental sales tax revenues from the City’s general fund sales tax generated by the proposed redevelopment as tax increment. The King Soopers Marketplace is forecast to generate $46.5 million in annual taxable sales based on 92,000 square feet at an estimated rate of $505 per square foot, as shown in Table 6. Based on estimates, this average sales rate represents a modest 5 percent increase over the average of existing grocery stores in Fort Collins of $480 per square foot. The new 8,100 square feet of ancillary retail space in the King Soopers project is projected to generate $1.8 million in annual taxable sales, based on an average $225 per square foot for an unspecified mix of retailers. Similarly, the 17,200 square feet of ancillary space in the Brinkman redevelopment is projected to generate $3.9 million in annual taxable sales. The total new taxable sales within the Plan Area is estimated at $52.15 million as shown. Table 6 Estimated Taxable Sales Description Size Sales/Sq.Ft Total Sales Dillon Companies Site King Soopers1 92,000 sq. ft. $505 $46,460,000 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 Dillon Companies Site Total 100,100 sq. ft. $48,282,500 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 Dracol Site Total 17,200 sq. ft. $3,870,000 Total Plan Area Net New $52,152,500 Total Sales Tax @ 2.25% $1,173,431 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[Table 6_9-7.xlsx]Table 6 Property ITEM 4, ATTACHMENT 1 Packet Pg. 63 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 25 Draft Report Applying the City’s 2.25 percent sales tax rate to the projected new sales results in an estimated $1.2 million in annual new sales taxes from the Plan Area. This excludes sales and sales taxes from existing retail uses within the Plan Area that area expected to remain. The portion of King Soopers taxable sales and sales taxes that can be considered net new to the City and potentially eligible for tax increment is shown in Table 7. The 50,000 square foot King Soopers at 2325 South College is proposed to be closed and replaced by the larger Marketplace store within the Plan Area. Taxable sales at the existing store are estimated at $24.0 million based on the 50,000 square foot store size and an average of $480 per square foot in sales (this equates to the average 2017 annual sales of all Fort Collins grocery stores). Table 7 Estimated Sales Tax Revenue This results in annual net new sales of approximately $24.3 million for King Soopers/Dillion site and $28.2 million for the Plan Area. At the 2.25 percent tax rate, the net new sales taxes would equal $546,000 per year for the King Soopers site and $633,000 per year for the total Plan Area as shown. Description Size Sales/Sq.Ft Total Sales Tax Rate Tax Revenue Dillon Companies Site King Soopers 92,000 sq. ft. $505 $46,460,000 2.25% $1,045,350 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 2.25% $41,000 Existing Store Sales 1 50,000 sq. ft. $480 $24,000,000 2.25% $540,000 Dillon Companies Site Net New $24,282,500 $546,350 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 2.25% $87,075 Dracol Site Total 17,200 sq. ft. $3,870,000 $87,075 Total Plan Area Net New $28,152,500 $633,425 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Sales Tax V2 Property Sales Tax ITEM 4, ATTACHMENT 1 Packet Pg. 64 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 26 Draft Report Tax Increment Reimbursements Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the authority related to urban renewal activities under this Plan. Within the twelve-month period prior to the effective date of the approval or modification of the Plan requiring the allocation of moneys to the Authority as outlined previously, the City, county, special district, or school district is entitled to the reimbursement of any moneys that such City, county, special district, or school district pays to, contributes to, or invests in the Authority for a project. The reimbursement is to be paid from the special fund of the Authority. ITEM 4, ATTACHMENT 1 Packet Pg. 65 Economic & Planning Systems, Inc. 27 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 7. MODIFICATIONS TO THE PLAN This Plan may be modified pursuant to requirements and procedures set forth in CRS §31-25- 107 of the Urban Renewal Law governing such modifications or amendments to the extent such modifications or amendments do not conflict with the IGAs. ITEM 4, ATTACHMENT 1 Packet Pg. 66 Economic & Planning Systems, Inc. 28 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 8. SEVERABILITY AND REASONABLE VARIATIONS The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonable accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. ITEM 4, ATTACHMENT 1 Packet Pg. 67 Economic & Planning Systems, Inc. 29 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 9. EFFECTIVE DATE OF THE PLAN This Plan shall be effective upon its final approval by the City Council. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the extent consistent with the terms in the Agreements, that all activities to accomplish the Project have been completed and all debts incurred to finance such activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. ITEM 4, ATTACHMENT 1 Packet Pg. 68 College & Drake Proposed Urban Renewal Plan Josh Birks, Economic Health & Redevelopment Director Proposed College & Drake Plan ITEM 4, ATTACHMENT 2 Packet Pg. 69 Agenda. ITEM 4, ATTACHMENT 2 Packet Pg. 70 Urban Renewal Background ITEM 4, ATTACHMENT 2 Packet Pg. 71 What is Urban Renewal? Revitalization of urban areas and the removal of economic impediments deteriorated • obsolete • lacking re- investment • missing / inadequate public infrastructure • unsanitary • unsafe • faulty street layout • contaminated ITEM 4, ATTACHMENT 2 Packet Pg. 72 Purpose of URA Assistance • Market/Use Mismatch • Environmental Contamination Create • High Risk of Pioneering • Not Developing Exacerbates Problems Accelerate • Quality of Place Enhancements • Historic Preservation • Sustainability Enhance Makes It Happen Sooner Makes It Better ITEM 4, ATTACHMENT 2 Packet Pg. 73 ITEM 4, ATTACHMENT 2 Packet Pg. 74 ITEM 4, ATTACHMENT 2 Packet Pg. 75 New URA Board Structure • Existing Council • Representatives from: • Larimer County • Poudre School District • Poudre River Library District • Council appointed member ITEM 4, ATTACHMENT 2 Packet Pg. 76 Why Urban Renewal? Here & Now ITEM 4, ATTACHMENT 2 Packet Pg. 77 Targeted Infill & Redevelopment  City Plan  Shared Areas = Targeted Areas  Redevelopment Encouraged  Site falls within Area 7 ITEM 4, ATTACHMENT 2 Packet Pg. 78 King Soopers Spradley Barr ITEM 4, ATTACHMENT 2 Packet Pg. 79 Blight Factors  Eleven (11) statutory blight factors  Four (4) factors to establish area as “blighted”  Six (6) factors found via visual survey ITEM 4, ATTACHMENT 2 Packet Pg. 80 College & Drake Plan ITEM 4, ATTACHMENT 2 Packet Pg. 81 Plan Objectives  Redevelopment & New Development  Remedy conditions that impair sound growth of the City  Implement the Comprehensive Plan  Leverage reinvestment complementary to community goals  Effectively utilize undeveloped and underdeveloped land ITEM 4, ATTACHMENT 2 Packet Pg. 82 Plan Objectives • Improve pedestrian, bicycle, vehicular and transit-related circulation and safety • Encourage the rehabilitation and redevelopment of outmoded buildings • Provide financing mechanisms to incent investment, including TIF • Contribute to increased revenues for all taxing entities ITEM 4, ATTACHMENT 2 Packet Pg. 83 Tax Increment & Use Private Investment = Tax Increment Tax Entity Allocations Project Assistance Plan Area Improveme nts Additional Options ITEM 4, ATTACHMENT 2 Packet Pg. 84 Potential Public Improvements Development Related College & Drake Intersection Improvements Pedestrian Safety Enhancements to College & Drake Drake Road Improvements (Redwing to College) College sidewalk and landscaping enhancements Plan Area Add’l College & Drake Intersection Improvements New Traffic Signal College & Drake College Avenue Stormwater Inlet Replacement College Multi-use Path Enhance College Median Landscape Others? Additional Opportunities Bay Road Improvements Bicycle/Pedestrian Grade Mason Trail Grade Separated Crossing Max Station Parking Structure Others? ITEM 4, ATTACHMENT 2 Packet Pg. 85 Key Dates PRC REVIEW Jan. 15, 2019 Public Open House Oct. 10, 2018 P&Z Review Nov. 15, 2018 TAX ALLOCATIONS P&Z Board Review (Today) Board Approves Allocations Dec. 20, 2018 ITEM 4, ATTACHMENT 2 Packet Pg. 86 Alignment with City Plans ITEM 4, ATTACHMENT 2 Packet Pg. 87 Alignment ITEM 4, ATTACHMENT 2 Packet Pg. 88 City Plan Alignment • Policy EH 4.1 - Prioritize Targeted Redevelopment Areas • Policy LIV 5.1 - Encourage Targeted Redevelopment and Infill • Policy LIV 5.2 - Target Public Investment along the Community Spine ITEM 4, ATTACHMENT 2 Packet Pg. 89 City Plan Alignment Policy LIV 35.4 - Transform through Infill and Redevelopment ITEM 4, ATTACHMENT 2 Packet Pg. 90 City Plan Alignment • Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots • Policy LIV 31.1 - Relationship of Commercial District Uses • Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities • Provide Transit-Oriented Activity Centers • Reduce Carbon Emissions ITEM 4, ATTACHMENT 2 Packet Pg. 91 Questions Josh Birks Economic Health & Redevelopment Director (970) 221-6324 or jbirks@fcgov.com ITEM 4, ATTACHMENT 2 Packet Pg. 92 Agenda Item 5 Item 5, Page 1 STAFF REPORT November 15, 2018 Planning and Zoning Board PROJECT NAME DOWNTOWN AND TRANSITION AREAS - LAND USE CODE CHANGES STAFF Cameron Gloss, Long Range Planning Manager Pete Wray, Senior City Planner PROJECT INFORMATION PROJECT DESCRIPTION: Revisions to Land Use Code Divisions 4.16 (Downtown) and 4.9 (Neighborhood Conservation Buffer) as they relate to development standards governing these two zone districts. APPLICANT: City of Fort Collins RECOMMENDATION: Approval EXECUTIVE SUMMARY This is a request for a Planning and Zoning Board recommendation to City Council on two interrelated Land Use Code amendment projects that together address design standards for Downtown and within Neighborhood Conservation Buffer (NCB) transition areas that interface between Downtown and the predominantly single-family housing within the Old Town Neighborhoods. Background/Discussion Purpose and Objectives Staff has been working closely with area property owners, businesses and design professionals to develop Land Use Code amendment concepts necessary to implement policies within the recently adopted (2017) - Downtown Plan and the Old Town Neighborhoods Plan. Land Use Code amendments were identified as high- priority, near-term action items in the two Plans. The project objective has been to provide greater predictability in the Land Use Code regulations pertaining to Downtown and its interface areas by clarifying standards that apply to new infill and redevelopment projects. The Code changes provide form- and performance-based metrics that augment existing design standards. The new standards need to be predictable yet allow for creative building forms and site design options. This joint code improvement effort also aligns with the goals and implementation efforts of the Historic Preservation code review project that is being developed on a parallel schedule. The Code changes address the following major themes that emerged during the Downtown and Old Town Neighborhoods planning processes and that are embodied in the two Plans: Packet Pg. 93 Agenda Item 5 Item 5, Page 2 Downtown Plan – Related Themes • Preserve and Enhance Downtown’s Sense of Place Residents and visitors alike cherish Downtown’s in part because of its historic buildings, exciting arts and culture scene, and unique resources like the Poudre River. As Downtown’s activity extends beyond the historic core area, the buildings, culture, and resources that make Downtown special must be preserved and enhanced. Downtown Fort Collins should remain a place with a unique identity. The policies in this plan provide direction about the desired future character for all of Downtown’s character subdistricts, as well as guidance that ensures a balance of recreation and preservation of the Poudre River Corridor. • Put Pedestrians First Regardless of their mode of travel –car, bike, longboard, bus, on foot, or using a mobility device – everyone who comes Downtown is a pedestrian when they arrive. Downtown is already one of the most pedestrian-oriented places in our entire community. However, the experience of walking around Downtown is not always as enjoyable or safe as it could be. The policies in this plan aim to put pedestrians first in all parts of Downtown. More transportation options, safer crossings, more pleasant streetscapes and public spaces, and buildings designed to feel comfortable at the pedestrian scale are all emphasized throughout the plan. Old Town Neighborhoods Plan – Related Themes • Buffer and Transition Areas As Downtown and CSU continue to grow and evolve, maintaining a clear edge and transition between the residential character of the Old Town Neighborhoods and Downtown is important to residents. Many of the blocks in these transition areas are already zoned as part of the Neighborhood Conservation Buffer (NCB) district, which attempts to achieve transitional land-uses, building heights, and design between Downtown and the neighborhoods. Stakeholders indicated the types of land-uses found in the buffer zone district, such as larger homes, professional and medical offices, and multifamily dwellings, are appropriate. However, specific issues related to site layout, building design, and activities or nuisances in rear parking areas are crucial to ensure a smooth and functional transition to the smaller structures and homes found in the neighborhoods. Downtown Code Amendments Proposed amendments to Division 4.16 – Downtown District of the Land Use Code are based on the following outline and are summarized below. 1. Establishment of 9 Downtown Subdistricts 2. Street Frontage Types as a Defining Element 3. Development Standards -Site Design -Building Design -Building Height and Mass Reduction 4. Special Subdistrict Provisions 5. Permitted Uses 1. Establishment of 9 Downtown Subdistricts The Downtown Plan boundary encompasses substantially more than the historic core of “Old Town", and incorporates areas planned and zoned for commercial activities, stretching from Vine Drive south to the Colorado State University campus and from Canyon Avenue eastward to Lemay Avenue. The boundary has Packet Pg. 94 Agenda Item 5 Item 5, Page 3 evolved since the 1989 Downtown Plan to include additional commercial areas and correspond to zoning boundaries. The proposed Code amendment includes the zoning of all land within the Downtown Plan area boundary into one expanded Downtown (D) zone district. This expanded Downtown district includes parcels located within the River Redevelopment (R-D-R), Industrial (I), Community Commercial (C-C), Community Commercial North College (C-C-N), Community Commercial River (C-C-R), Limited Commercial (C-L) and Low-Density Mixed- Use Neighborhood (L-M-N) zone districts. Due to the variety of design characteristics present throughout Downtown, the Downtown Plan area was divided into distinct character subdistricts. These nine subdistricts each have attributes that create unique identities in terms of building patterns, streetscapes and outdoor space configurations. Each subdistrict's desired future character is distinct, but all subdistricts are unified by the principles of urban design. These nine Subdistricts are:  Historic Core Subdistrict (same boundary/formerly named Old City Center)  Civic Subdistrict  Canyon Avenue Subdistrict  River Subdistrict (formerly River Redevelopment (RDR) zone district)  River Corridor Subdistrict (formerly in the POL zone district)  Entryway Corridor (formerly CL zone district)  Innovation Subdistrict (formerly a combination of I, CCN and CCR zone districts)  North Mason Subdistrict (formerly CC zone district)  Campus North Subdistrict (portions formerly LMN zone district) The last six of the subdistricts listed lie beyond the boundaries of the current Downtown zone district. The goal of identifying the character defining traits for each Subdistrict is to promote and enhance them through public and private development projects. The Code update includes language to help guide the character of these areas like the current River Downtown Redevelopment (RDR) Zone. Some examples of elements considered are historical context, landscape setting, contextual building form, and predominant materials. 2. Street Frontage Types as a Defining Element Three types of street frontages have evolved Downtown shaping the public realm and building placement. The Downtown Plan and current Code update have illuminated the need to protect and enhance these three conditions. • Storefront – Found primarily within the Historic Core, and also along Laurel Street, buildings abut a wide sidewalk. Retail and commercial uses predominate the ground floor with a high degree of visual interest and transparency into shops and restaurants. • Mixed Use – Found adjacent the Historic Core Subdistrict on streets such as Mason, this street character is a hybrid and transition between the Storefront and Green Edge frontage types. Buildings are set a little farther back from the street than along Storefront streets, often with small landscape beds separating the building from the sidewalk. There is significantly less ground floor retail space, but buildings still address the sidewalk in a similar way. • Green Edge – Found primarily in the subdistricts away from the Historic Core, this frontage type is best recognized for generous parkway widths and landscaped setbacks between the sidewalk and the building. Ground floor uses comprise mostly residential and office, with a scattering of other commercial uses, often in much larger buildings than are found in the Historic Core Subdistrict. Many of Downtown’s streets have multiple frontage types along their length. Mountain Avenue, for example, is characterized by a Storefront condition from Mason Street to Jefferson Street, but quickly changes to a Green Edge Street west of Mason Street. Packet Pg. 95 Agenda Item 5 Item 5, Page 4 3. Development Standards Site Design The principal site design requirements are Building Placement Standards that are determined by street frontage type. Standards include minimum building setbacks from property lines, but also ‘build-to’ requirements for street fronting facades, that describe a building envelope zone relative to the back of the curb. Specific setback distances help with building mass mitigation and strengthen the pedestrian experience appropriate for the specific area of Downtown. Building Design The proposed building design standards are intended to provide basic requirements that enhance the pedestrian experience, but not be overly prescriptive with respect to building style. The two most significant of these standards relate to building materials and the degree of transparency at the ground level. Under this provision, lower building facades must be constructed of authentic, durable, high-quality materials. Ground floor building transparency through windows, storefront display windows, glass doors, transoms and other glazing, is required up to 60% on the highest pedestrian volume streets. Building Height and Mass Reduction The Downtown skyline is expected to continue to evolve with a limited number of additional buildings that will rise above the tree canopy, in the 7-12 story range, mainly to the west and south of the Historic Core. Current standards provide for a height range from 2.5 stories to 12 stories. Maximum building heights are on a block- by-block basis, with the tallest portion of a building limited to these maximum heights. Existing Land Use Code regulations set maximum allowable heights on a given site, but other factors associated with Code requirements and development project needs often ultimately determine the height of a specific building. During the review process, a lower limit can be placed on a building based on design standards for compatibility. The approach with the proposed height revisions shifts to a more clearly stated regulatory framework to facilitate more efficient review of proposed development projects. Ultimately, these revised regulations are intended to provide more predictable outcomes in the development review process Proposed building height allowances slightly increase the Downtown’s height capacity. The latest iteration of the height standards collectively adds the equivalent of 10 ½ stories of additional volume to the Downtown. Most of the additional stories are gained within the Canyon Avenue Subdistrict. Coupled with the height limits are mass mitigation requirements that help to maintain Downtown’s pedestrian scale. The primary mass mitigation technique is the stepping-back of upper building stories. Under the revised standards, buildings within areas that have a height limit of four or more stories must step back the upper stories an average of at least 10 feet along all street frontages and such step-back can happen at the 2nd through the 5th stories. If a building is directly across the street from a height allowance of three stories, the stepback must occur at the 2nd or 3rd story. Also, in all cases where there is a dissimilar height allowance between block faces, buildings must provide a contextual stepback. 4. Special Subdistrict Provisions Design Aspects of the Canyon Avenue, Civic, Innovation and River have subdistrict-specific design standards that range from site, landscape and building design aspects- all that reflect unique attributes to each subdistrict’s identify and character. Of these special provisions, the redeveloping River Subdistrict reflects the most extensive list of unique design standards given the complexity of its location abutting the Poudre River and the rich historical context as Fort Collins’ birthplace. Packet Pg. 96 Agenda Item 5 Item 5, Page 5 5. Permitted Uses The revised Land Use Code section includes a table listing all permitted uses within the Downtown District, based on each character subdistrict. The information was formatted as a table rather than the separate listing customarily provided since the district includes many potential uses and subdistricts. The applicable review process, i.e.- Basic Development Review, Minor Amendment, Type 1 (Administrative) or Type 2 (Planning and Zoning Board, has been denoted for each use. Uses not listed in this section are prohibited. Neighborhood Conservation Buffer (NCB) Code Amendments The Neighborhood Conservation Buffer (NCB) Zone provides a transition between the intensity of Downtown and the single-family character of the Old Town Neighborhoods. Currently, the NCB Zone allows for commercial and multi-family buildings up to three stories. Through the Old Town Neighborhoods Plan process, the need to provide greater clarity for how these larger buildings are to develop was identified. This Code update to Division 4.9 was designed to generate regulations that strengthen block-face contextual response of new construction and additions, and to ensure new buildings don’t have adverse impacts on their neighbors such as significant shading. Improving building roof form requirements and massing to protect solar access are the primary methods to aid in compatible new development. The most significant Land Use Code amendments within the NCB district principally include three components: 1. Solar Access Stepback Requirements. In order to reduce shading impacts to adjacent south facing roof and wall area, building upper stories must be either stepped back or provide a pitched roof. 2. Building Design Standards for Multi-family and non-residential buildings. Under these new provisions, new development must incorporate at least three architectural features that will ensure design compatibility within the blockface. 3. Removal of 5,000 square foot minimum floor area provision per unit. With this change, “carriage houses” behind street-facing principal buildings could be built on platted lots with less than 10,000 square feet in area. Note: this Code change is limited solely to the NCB district and has no impact on NCL/NCM-zoned properties. Community Engagement Major Policy direction was developed during the Downtown Plan and Old Town Neighborhoods Plan public engagement processes. Engagement activities for these two plans were varied, from traditional open houses and workshops, listening sessions and surveys, to more interactive events like subdistrict walking and bike tours, online wiki-mapping, and events at festivals. In total, the Downtown Plan outreach included 38 workshops, open houses, or general events, 36 working group meetings, 2 working group roundtables, 57 presentations to 17 City Boards and Commissions, numerous coffee discussion get-togethers, and thousands of individual interactions, survey responses, and comments. A key component of Plan engagement included an email newsletter with over 900 subscribers. Staff held three Land Use Code open house events, multiple one-on-one and small group meetings with property owners and designers, and presented draft code concepts to the DDA, DBA, Board of Realtors, Chamber of Commerce, members of the Downtown and Old Town Neighborhoods Plan efforts, and several advisory boards and commissions. The first open house was held on February 28th at The Elizabeth Hotel, and was well-attended by members of the design and development community. A second open house was an all-day event on April 18th. The last open house was held on July 25th. Over the last three months, staff has continued to meet with area property owners to understand any issues or concerns with the proposed regulations. All these events and meetings have helped to inform staff on the level of support for the proposed code elements. Packet Pg. 97 Agenda Item 5 Item 5, Page 6 ATTACHMENTS 1. DRAFT Land Use Code Division 4.9 Neighborhood Conservation Buffer District (NCB) 2. DRAFT Land Use Code Division 4.16 Downtown District (D) Packet Pg. 98 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 1 DRAFT DIVISION 4.9 - NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B) (A) Purpose. The Neighborhood Conservation, Buffer District is intended for areas that are a transition between residential neighborhoods and more intensive commercial- use areas or high traffic zones that have been given this designation in accordance with an adopted subarea plan. (B) Permitted Uses. (1) The following uses are permitted in the N-C-B District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan: (a) Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses. 2. Two-family dwellings when there is only one (1) principal building on the lot. 3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 4. Extra occupancy rental houses with five (5) or fewer tenants. 5. Mixed-use dwellings which are not combined with a use permitted subject to administrative review or Planning and Zoning Board review, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 6. Shelters for victims of domestic violence. 7. Short term primary rentals. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Neighborhood parks as defined by the Parks and Recreation Policy Plan. ITEM 5, ATTACHMENT 1 Packet Pg. 99 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 2 4. Seasonal overflow shelters. (c) Commercial/Retail Uses: 1. Child care centers. 2. Medical and dental clinics, professional offices and personal business and service shops, provided that no structural additions or exterior alterations are made to the existing building, or the uses are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 3. Bed and breakfast establishments. 4. Adult day/respite care centers. (d) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 3. Accessory uses. 4. Urban agriculture. (e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in the N-C-B District, subject to administrative review: (a) Residential: ITEM 5, ATTACHMENT 1 Packet Pg. 100 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 3 1. Single-family detached dwellings when there is more than one (1) principal building on the lot and/or when the lot has only alley frontage. 2. Two-family dwellings when there is more than one (1) principal building on the lot, provided that such two-family dwelling is located within a street-fronting principal building. 3. Multi-family dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991, provided that such multi-family dwelling is located within a street-fronting principal building. 4. Multi-family dwellings containing more than four (4) dwelling units per building at a density of up to twenty-four (24) dwelling units per acre, provided that such multi-family building is located within a street-fronting principal building. 5. Mixed-use dwellings which are not combined with a use permitted subject to basic development review or Planning and Zoning Board review and which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991. 6. Group homes. 7. Extra occupancy rental houses with more than five (5) tenants. (b) Institutional/Civic/Public Uses: 1. Community facilities. 2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Parking lots and parking garages. (3) The following uses are permitted, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Fraternity and sorority houses, provided that such fraternity or sorority house is located within a street-fronting principal building. ITEM 5, ATTACHMENT 1 Packet Pg. 101 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 4 2. Single-family attached dwellings. 3. Multi-family dwellings containing more than four (4) dwelling units per building at a density of more than twenty-four (24) dwelling units per net acre, provided that such multi-family dwelling is located within a street-fronting principal building. 4. Mixed-use dwellings which are combined with any other use subject to Planning and Zoning Board review. (b) Institutional/Civic/Public Uses: 1. Public and private schools for preschool, elementary, intermediate, high school, college, university and vocational and technical education. (c) Commercial/Retail Uses: 1. Medical and dental clinics, professional offices and personal and business service shops which propose structural additions or exterior alterations to the existing building, or the uses are to be constructed on a lot or parcel which contained a structure at the time of adoption on October 25, 1991, provided that such use is located within a street-fronting principal building. 2. Funeral homes, provided that such funeral home is located within a street-fronting principal building. (d) Industrial Uses: 1. Small-scale and medium-scale solar energy systems. (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. (1) DensityAllowable Floor Area. Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of calculating densityallowable floor area, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including ITEM 5, ATTACHMENT 1 Packet Pg. 102 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 5 each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (4) Accessory Building without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. ITEM 5, ATTACHMENT 1 Packet Pg. 103 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 6 (6) Dimensional Standards. (a) Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling and fifty (50) feet for each other use. The minimum lot width for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be eighty-five (85) feet. If more than one (1) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two- family dwellings, and at least fifty (50) feet of street frontage for each other use. (b) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet, except that the minimum front and side yard setbacks for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue and abutting Shields Street shall be sixty (60) feet, and the minimum setback from garage doors to the backs of public walks shall be sixty-five (65) feet. (c) Minimum rear yard setback shall be five (5) feet from existing alley and fifteen (15) feet in all other conditions. (d) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for school and place of worship uses shall be twenty-five (25) feet (for both interior and street sides). (e) Maximum building height shall be three (3) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories. (E) Development Standards. (1) Single-Family Dwellings. (A) Building Design. (1) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. ITEM 5, ATTACHMENT 1 Packet Pg. 104 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 7 (2) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico. (3) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot. (4) A second floor shall not overhang the lower front or side exterior walls of a new or existing building. (5) Front porches shall be limited to one (1) story, and the front facades of all single- and two-family dwellings shall be no higher than two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories. (6) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (7) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck. (B) Bulk and Massing. (1) Building Height. (a) Maximum building height shall be three (3) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories. (b) The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet. (c) The height of an accessory building containing no habitable space shall not exceed twenty (20) feet. (2) Eave Height. ITEM 5, ATTACHMENT 1 Packet Pg. 105 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 8 (a) The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. (b) The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space. (c) If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically). (See illustration contained in Division 4.7). (2) Multi-Family Dwellings, Mixed-Use and Non-Residential Buildings. Building design and solar access stepback requirements shall be based on the standards described in Figures _and _. Figure _ NCB District Multi-Family, Mixed-Use and Non-Residential Design Standards ITEM 5, ATTACHMENT 1 Packet Pg. 106 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 9 Figure _ NCB District Solar Access Stepback Standard (3) Carriage Houses and Habitable Accessory Buildings. (a) Carriage Houses. 1. Water and sewer lines may be extended from the principal building on the lot to the carriage house. 2. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house. (b) Accessory Buildings With Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must ITEM 5, ATTACHMENT 1 Packet Pg. 107 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 10 include the applicant's declaration as to whether or not the space is habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to be habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below. (c) Additional Review Criteria for Carriage Houses and Accessory Buildings With Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house or other accessory building with habitable space are compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space: 1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties. 2. To the extent reasonably feasible, decks, entry doors, major entry access stairs or major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized. 3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible. (4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (5) Site Design. In the N-C-B Neighborhood Conservation Buffer District, permanent open off-street parking areas shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways. (6) Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles. ITEM 5, ATTACHMENT 1 Packet Pg. 108 Division 4.9, Neighborhood Conservation, Buffer District (N-C-B) Page 11 (7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot. This regulation shall not apply to corner lots. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 89, 1999 §2, 6/1/99; Ord. No. 165, 1999 §38, 11/16/99; Ord. No. 183, 2000 §§29, 30, 12/19/00; Ord. No. 204, 2001 §§1, 33—37, 12/18/01; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §24, 12/16/03; Ord. No. 063, 2004 §4, 4/20/04; Ord. No. 091, 2004 §34, 6/15/04; Ord. No. 198, 2004 §§23, 24, 12/21/04; Ord. No. 015, 2005 §3, 2/15/05; Ord. No. 123, 2005 §§16, 17, 11/15/05; Ord. No. 161, 2005 §11, 12/20/05; Ord. No. 104, 2006 §§23, 24, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §24, 12/19/06; Ord. No. 081, 2007 §16, 7/17/07; Ord. No. 073, 2008 §§13—17, 24, 7/1/08; Ord. No. 066, 2009 §§24, 25, 7/7/09; Ord. No. 068, 2010 §11, 7/6/10; Ord. No. 120, 2011 §§25—27, 9/20/2011; Ord. No. 092, 2013 §23, 7/16/13; Ord. No. 096, 2013 §12, 7/16/13; Ord. No. 086, 2014 §55—57, 7/1/14; Ord. No. 110, 2015 §9, 9/15/15 ; Ord. No. 044, 2017 , §11, 3/21/17) ITEM 5, ATTACHMENT 1 Packet Pg. 109 Division 4.16, Downtown District (D) Division 4.16 1 DRAFT 10/31/18 DIVISION 4.16 - DOWNTOWN DISTRICT (D) (A) Purpose. The Downtown District is intended to provide a concentration of retail, civic, employment and cultural uses in addition to complementary uses such as hotels, entertainment and housing, located along the backdrop of the Poudre River Corridor. It is divided into nine (9) subdistricts as depicted on Figure _. The development standards for the Downtown District are intended to encourage a mix of activity in the area while providing for high quality development that maintains a sense of history, human scale and pedestrian-oriented character. Figure _ Downtown District Subdistricts ITEM 5, ATTACHMENT 2 Packet Pg. 110 Division 4.16, Downtown District (D) Division 4.16 2 (B) Street Frontage Types Three types of street frontages have evolved Downtown shaping public space and building placement. 1. Storefront – Found primarily within the Historic Core, and along Laurel Street, buildings abut a wide sidewalk. Retail and commercial uses predominate the ground floor with a high degree of visual interest and transparency into shops and restaurants. 2. Mixed Use – Found adjacent the Historic Core Subdistrict on streets such as Mason, this street character is a hybrid and transition between the Storefront and Green Edge frontage types. Buildings are set a little farther back from the street than along Storefront streets, often with small landscape beds separating the building from the sidewalk. There is significantly less ground floor retail space, but buildings still address the sidewalk in a similar way. 3. Green Edge – Found primarily in the subdistricts away from the Historic Core, this frontage type is best recognized for generous parkway widths and landscaped setbacks between the sidewalk and the building. Ground floor uses comprise mostly residential and office, with a scattering of other commercial uses, often in much larger buildings than are found in the Historic Core Subdistrict. ITEM 5, ATTACHMENT 2 Packet Pg. 111 Division 4.16, Downtown District (D) Division 4.16 3 Figure _ Downtown Street Frontage Types ITEM 5, ATTACHMENT 2 Packet Pg. 112 Division 4.16, Downtown District (D) Division 4.16 4 (1) Street Frontage and Building Placement Requirements. The following standards shall apply to the Downtown District: Figure _ Building Design based on Street Frontage ITEM 5, ATTACHMENT 2 Packet Pg. 113 Division 4.16, Downtown District (D) Division 4.16 5 Figure _ Street Frontage Build-To Range Figure _ Building Base Materials ITEM 5, ATTACHMENT 2 Packet Pg. 114 Division 4.16, Downtown District (D) Division 4.16 6 Figure _ Ground Floor Transparency Calculation (C) Building Heights and Mass Reduction. The following standards shall apply to the Downtown District: ITEM 5, ATTACHMENT 2 Packet Pg. 115 Division 4.16, Downtown District (D) Division 4.16 7 (1) Building Height Limits. The maximum height of buildings within the Downtown district shall be as shown on the Building Heights Map (Figure _). Figure _ Building Heights Map (2) Measurement of Height Limits. The maximum height limits are intended to convey a scale of building rather than an exact point or line. In the case of sloped roofs, building height shall be measured to the mean height between the ITEM 5, ATTACHMENT 2 Packet Pg. 116 Division 4.16, Downtown District (D) Division 4.16 8 eave and ridge. The maximum height limits are not intended to hinder architectural roof features such as sloped roofs with dormers, penthouses, chimneys, towers, shaped cornices or parapets, or other design features that exceed the numerical limits but do not substantially increase bulk and mass. Lofts or penthouses projecting above the limits shall not exceed one-third (1/3) of the floor area of the floor below and shall be set back from any roof edge along a street, by a distance equal to or greater than the height of the loft or penthouse structure. See Figure _. Figure _ Measurement of Height Limits (3) Upper Story Stepbacks. (a) Historic Core, Innovation and North Mason Stepbacks: The fourth story of a building shall be set back an average of at least ten feet along all street frontages. Stepbacks may be continuous or may vary with up to 20 feet counting toward of the average. (b) Canyon Avenue, Civic and Campus North Stepbacks: The fifth story of a building shall be set back an average of at least ten feet along all street frontages. Stepbacks may be continuous or may vary with up to 20 feet calculating towards the calculation of the average. Stepbacks may occur at the 2nd to 5th stories. (4) Contextual Height Stepback. To provide an appropriate scale transition between opposing block faces with dissimilar height allowances, buildings shall provide a contextual height stepback. Upper floors shall be set back a minimum of three feet at the equivalent height limit on the opposing block face. See Figure _. ITEM 5, ATTACHMENT 2 Packet Pg. 117 Division 4.16, Downtown District (D) Division 4.16 9 Figure _ Contextual Height Stepbacks (5) Planning and Zoning Board Review of Large Buildings. Development plans with new buildings (or building additions) greater than twenty-five thousand (25,000) square feet in floor area per story, or which exceed either six (6) stories or eight-five (85) feet in height, shall be subject to Planning and Zoning Board review. (D) Site Design. The following standards shall apply to the Downtown District: (1) Parking lots, garage entries and service locations. Parking lots, garage entries and service locations shall be located on alleys. If no alley is present, they may be located on a Green Edge street. If a Green Edge street is not present, they may be located on a Mixed-Use street. To the maximum extent feasible, parking lots and garage entries shall not be located on Storefront streets. Auto entrances shall be located to minimize pedestrian/auto conflicts. (2) Parking structures. To the extent reasonably feasible, all parking structures shall meet the following design criteria: (a) Where parking structures abut streets, retail and other uses shall be required along the ground level frontage to minimize interruptions in pedestrian interest and activity. The decision maker may grant an exception to this standard for all or part of the ground level frontage on streets with low pedestrian interest or activity. ITEM 5, ATTACHMENT 2 Packet Pg. 118 Division 4.16, Downtown District (D) Division 4.16 10 (b) Parking and awnings, signage and other architectural elements shall be incorporated to encourage pedestrian activity at the street-facing level. (c) Architectural elements, such as openings, sill details, emphasis on vertical proportions such as posts, recessed horizontal panels and other architectural features shall be used to establish human scale at the street- facing level (3) Outdoor activity. To the extent reasonably feasible, outdoor spaces shall be placed next to activity that generates the users (such as street corners, offices, day care, shops and dwellings). Outdoor spaces shall be linked to and made visible from streets and sidewalks to the extent reasonably feasible. Buildings shall promote and accommodate outdoor activity with balconies arcades, terraces, decks and courtyards for residents' and workers' use and interaction, to the extent reasonably feasible (E) Special Subdistrict Provisions (1) Canyon Avenue and Civic Center Subdistricts: Plazas. For buildings located within the Canyon Avenue and Civic Center sub-districts that are four (4) stories or taller, ground floor open space shall be provided that is organized and arranged to promote both active and passive activities for the public. Such space must be highly visible and easily accessible to the public and must include features that express and promote a comfortable human sense of proportionality between the individual and the environment, whether natural or man-made. (2) Civic Subdistrict (a) Purpose. The Civic Subdistrict will serve as an important element of the Downtown District and as the primary location for new civic uses and buildings. (b) Development Standards. The following standards shall apply to all development in the Civic Subdistrict: (1) Civic spine. All development shall incorporate the concept of the "Civic Spine" as described in the Downtown Civic Center Master Plan, allowing for continuous north-south and east-west pedestrian connections. The civic spine will serve to connect various buildings to unify parks and plazas. (2) Building materials. The use of local sandstone is required in all civic buildings to establish a visual continuity and a local sense of place. (3) Civic buildings. New major civic buildings, such as a library, government offices, courthouses, performing arts facilities and ITEM 5, ATTACHMENT 2 Packet Pg. 119 Division 4.16, Downtown District (D) Division 4.16 11 transit centers, shall be located within the Civic Subdistrict and placed in central locations as highly visible focal points. To the extent reasonably feasible, they shall be close to a transit stop. (4) Incorporation of new buildings. New buildings shall be designed in a manner that establishes continuity and a visual connection between new and existing buildings within and adjacent to the Civic Subdistrict. The height, mass and materials of major public buildings shall convey a sense of permanence and importance. (3) Old Town Fort Collins Historic District. Buildings located within the locally designated Old Town Fort Collins Historic District shall also comply with the Old Town Historic Landmark District Design Standards, Chapter 14 of the City Code, and the U.S. Secretary of the Interior Standards for Treatment of Historic Buildings. See Old Town Fort Collins Historic District, Figure 19. Figure 19 Old Town Fort Collins Historic District (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §42, 12/15/98; Ord. No. 99, 1999 §§20, 21, 6/15/99; Ord. No. 165, 1999 §39, 11/16/99; Ord. No. 59, 2000 §33, 6/6/00; Ord. No. 183, 2000 §§14, 31, 12/19/00; Ord. No. 107, 2001 §43, 6/19/01; Ord. No. 204, 2001 §§1, 40—42, 12/18/01; Ord. No. 087, 2002 §§29, 30, 6/4/02; Ord. No. 090, 2003 §§11, 16, 6/17/03; Ord. No. 173, 2003 §§26—31, 12/16/03; Ord. No. 123, 2005 §18, 11/15/05; Ord. No. 104, 2006 §27, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §§25, 26, 12/19/06; Ord. No. 081, 2007 §§18—20, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §29, 7/7/09; Ord. No. 026, 2010 §4, 3/16/10; Ord. No. 068, 2010 §13, 7/6/10; Ord. No. 020, 2011 §1, 3/15/11; Ord. No. 120, 2011 §§28, 29, 9/20/2011; Ord. No. 010, 2012 §3, 2/21/12; Ord. No. 051, 2012 §13, 7/17/12; Ord. No. 057, 2012 §2, 7/17/12; Ord. No. 130, 2012 §7, 11/20/12; Ord. No. 143, 2012 §3, 1/15/13; Ord. No. 096, 2013 §17, 7/16/13; Ord. No. 042, 2014 §2, 3/18/14; Ord. No. 086, 2014 §§61—64, 7/1/14; ITEM 5, ATTACHMENT 2 Packet Pg. 120 Division 4.16, Downtown District (D) Division 4.16 12 Ord. No. 175, 2014 §10, 12/16/14 Ord. No. 110, 2015 §§11, 12, 9/15/15 Ord. No. 155, 2015 §8, 12/15/15 080, 2016 §3 044, 2017 059, 2017 129, 2017 063, 2018 (4) Innovation Subdistrict (a) Purpose. The Innovation subdistrict is intended to recognize continuing redevelopment in this former industrial area. promoting employment and innovation. Redevelopment projects will continue to build up a fitting identity and character related to the downtown edge setting with contemporary semi-industrial building styles and materials. Streetscapes and sites will reinforce the area’s identity and character with design features that reflect an industrial character and the river landscape corridor. (b) Development Standards. The following standards shall apply to all development in the Innovation Subdistrict: (1) Site Design (a) Landscaping/Vegetation Protection. Naturalistic characteristics of the river landscape shall be maintained and enhanced using plants and landscape materials native to the river corridor in the design of site and landscape improvements. (b) Outdoor Spaces. Development shall incorporate outdoor spaces such as patios, courtyards, terraces and plazas to add interest and facilitate interaction. (c) Color/Materials. Heavy, durable, locally fabricated components, with materials such as metal and stone, will be used creatively to complement building design. (2) Buildings. (a) Height/Mass. Multi-story buildings shall be designed to step down to one (1) story directly abutting any natural habitat or feature protection buffer. (b) Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: 1) interior block locations between buildings that face the street and buildings that face the river, or 2) side yards. (5) River Subdistrict ITEM 5, ATTACHMENT 2 Packet Pg. 121 Division 4.16, Downtown District (D) Division 4.16 13 (a) Purpose. The River subdistrict is intended to reestablish the linkage between Historic Core and the Cache la Poudre River (the "River") through redevelopment in the corridor. This District offers opportunities for more intensive redevelopment of housing, businesses and workplaces to complement Downtown. Improvements should highlight the historic origin of Fort Collins and the unique relationship of the waterway and railways to the urban environment as well as expand cultural opportunities in the Downtown area. Redevelopment will extend the positive characteristics of Downtown such as the pattern of blocks, pedestrian-oriented streetfronts and lively outdoor spaces. (b) Development Standards. (1) Transition between the River and Development. (a) River Landscape Buffer. In substitution for the provisions contained in subsection 3.4.1(E) (Establishment of Buffer Zones) requiring the establishment of "natural area buffer zones," the applicant shall establish, preserve or improve a continuous landscape buffer along the river as an integral part of a transition between development and the river. To the maximum extent feasible, the landscape buffer shall consist predominantly of native tree and shrub cover. (See Figure 20.) The landscape buffer shall be designed to prevent bank erosion and to stabilize the river bank in a manner adequate to withstand the hydraulic force of a 100-year flood event. The bank stabilization shall comply with the following criteria: Figure _ Landscape Buffer ITEM 5, ATTACHMENT 2 Packet Pg. 122 Division 4.16, Downtown District (D) Division 4.16 14 1. Any bank stabilization improvements shall consist of native plants and stone, to the extent reasonably feasible. If any structural materials such as concrete are required, such materials shall be designed to emphasize characteristics of the native landscape such as color, texture, patterns and proportions, to minimize contrast with the river landscape. 2. The predominant visual elements in any bank stabilization improvements shall be native vegetation and stone, notwithstanding the use of any integrated structural elements. Blank walls shall not be used to retain the slope of the river bank. (b) Outdoor spaces. On sites that have river frontage between Linden Street and Lincoln Avenue, buildings or clusters of buildings shall be located and designed to form outdoor spaces (such as balconies, arcades, terraces, decks or courtyards) on the river side of the buildings and/or between buildings, as integral parts of a transition between development and the River. A continuous connecting walkway (or walkway system) linking such spaces shall be developed, including coordinated linkages between separate development projects. (2) Streets and Walkways. (a) Streets. Redevelopment shall maintain the existing block grid system of streets and alleys. To the extent reasonably feasible, the system shall be augmented with additional connections, such as new streets, alleys, walkway spines, mid-block passages, courtyards and plazas, to promote a fine-grained pedestrian circulation network that supplements public sidewalks. (b) Driveways. To the extent reasonably feasible, driveways and curb cuts must be minimized to avoid disruption to the sidewalk network, by using shared driveways between properties. The width of driveways and turning radii must be minimized except where truck access is required. (d) Jefferson Streetscape. Redevelopment activity along the Jefferson Street frontage shall provide formal streetscape improvements including street trees in sidewalk cutouts with tree grates and planters to screen parking. Planters to screen parking shall be designed and constructed to appear as integral extensions of the building design. Materials used shall not be inferior to those used in the construction of the principal building. (3) Buildings. (a) Industrial Buildings. Except as otherwise provided in this subsection (3), all new nonresidential buildings, including industrial buildings, shall comply with the standards for Mixed-use and Commercial Buildings contained in Section 3.5.3. (b) Programming, Massing and Placement. 1. Height/Mass. Multiple story buildings are permitted, provided that massing of multiple story buildings shall be terraced back from the river and from streets so that multiple story buildings are stepped down to one (1) story abutting the River landscape frontage and are stepped down to three (3) stories or less abutting any street frontage. Such terraced massing shall be a significant and integral aspect of the building design. ITEM 5, ATTACHMENT 2 Packet Pg. 123 Division 4.16, Downtown District (D) Division 4.16 15 2. Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are in either: (1) interior block locations between buildings that face the street and buildings that face the river, or (2) side yards. 3. Frequent view/access. No building wall abutting the landscape corridor along the River shall exceed one hundred twenty-five (125) feet on the axis along the River. 4. Outdoor spaces and amenities. To the extent reasonably feasible, all development shall provide on-site outdoor space such as courtyard, plaza, patio or other pedestrian-oriented outdoor space. To the extent reasonably feasible, outdoor spaces shall be visible from the street and shall be visually or physically connected with any outdoor spaces on adjacent properties. (c) Character and Image. New buildings shall be designed to demonstrate compatibility with the historical agricultural/industrial characteristics of the District to promote visual cohesiveness and emphasize positive historical attributes. Such characteristics include simple rectilinear building shapes, simple rooflines, juxtaposed building masses that directly express interior volumes/functions, visible structural components and joinery, details formed by brickwork, sandstone, sills, lintels, headers and foundations and details formed by joinery of structural materials. 1. Outdoor spaces. Buildings and extensions of buildings shall be designed to form architectural outdoor spaces such as balconies, arcades, terraces, decks or courtyards. 2. Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed to visually establish and define the building stories and establish human scale and proportion. Windows shall be placed in a symmetrical pattern relative to the wall and massing. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium, lobby or greenhouse-type accent features used as embellishments to the principal building. 3. Roof forms. Flat, shed and gable roof forms corresponding to massing and interior volumes/functions shall be the dominant roof forms. Flat-roofed masonry buildings shall feature three-dimensional cornice treatment integral with masonry on all walls facing streets, the River or connecting walkways. Additional decorative shaped cornices in wood (or other material indistinguishable from wood) shall be permitted in addition to the top masonry cornice treatment. Sloped metal roofs are allowed. Barrel roofs may be used as an accent feature but must be subordinate to the dominant roof. Specialized or unusual roof forms, including mansards and A-frames, are prohibited. A single continuous horizontal roofline shall not be used on one-story buildings except as part of a design style that emulates nearby landmarks (or structures eligible for landmark designation). 4. Materials. Building materials shall contribute to visual continuity within the District. Textured materials with native and historic characteristics, such as brick, stone, wood, architectural cast stone and synthetic stone in historically compatible sandstone patterns only, architectural metals and materials with similar characteristics and proportions shall be used in a repeating pattern as integral parts of the exterior building fabric. Masonry units must wrap around the corners of walls to not appear as an applied surface treatment. Other exterior materials, if any, shall be used as integral parts of the overall building fabric, in repeating ITEM 5, ATTACHMENT 2 Packet Pg. 124 Division 4.16, Downtown District (D) Division 4.16 16 modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadows, to better ensure that the character and image of new buildings are visually related to the Downtown and River context. Lapped aluminum siding, vinyl siding, smooth-face concrete masonry units, synthetic stucco coatings and imitation brick are prohibited. 5. Primary entrance. The primary entrance must be clearly identified and must be oriented to a major street, pedestrian way, place, courtyard and/or other key public space. The primary entrance must feature a sheltering element such as a canopy or be defined by a recess or a simple surround. 6. Accent features. Accent features, where used, must complement and not dominate the overall composition and design of the building and may include secondary entrances, loading docks, garage bays, balconies, canopies, cupolas, vertical elevator/stair shafts and other similar features. 7. Awnings and canopies. Awnings and canopies must complement the character of the building and must be subordinate to the facade. Colors must be solid or two (2) color stripes for simplicity. (4) Site Design. (a) River Landscape. The natural qualities of the River landscape shall be maintained and enhanced, using plants and landscape materials native to the River corridor in the design of site and landscape improvements. (b) Walls, Fences and Planters. Walls, fences and planters shall be designed to match or be consistent with the quality of materials, the style and colors of nearby buildings. Brick, stone or other masonry may be required for walls or fence columns. (c)Street Edge. A well-defined street edge must be established and shall be compatible with the streetscape in the public realm. Components may include any of the following: planted areas, decorative paving, public art, street furnishing with ornamental lighting and iron and metal work that reflect on the agricultural/industrial heritage of the district. (d) Corner Lots. For sites located at public street corners, parking lots and vehicular use areas shall not abut more than one (1) street frontage. (e)Parking. Where parking lots are highly visible from streets or pedestrian-oriented outdoor spaces, a visual buffer must be provided. Such buffering may consist of any of the following singularly or in combination: a low solid screen wall, a semi-opaque screen or a living green wall consisting of plant material sufficient to provide a minimum of seventy-five-percent opacity year-round or other screening device that is sensitive to pedestrian activity. (f) Interim Parking. Interim parking lots as a principal use may be approved with a gravel surface and without lighting and landscape improvements and shall be restricted to a period of use not to exceed three (3) years. Extensions for two (2) successive periods of one (1) year each may be granted by the Planning and Zoning Board upon a finding that the use is ITEM 5, ATTACHMENT 2 Packet Pg. 125 Division 4.16, Downtown District (D) Division 4.16 17 compatible with the context of the area and is a beneficial use which supports the purpose of the R-D-R zone. (g) Service Areas and Outside Storage Areas. Service areas and outside storage areas that are not used for trash and recycling containers, dumpsters and mechanical equipment must, to the maximum extent feasible, be located to the side or rear of the building and be screened from public view. Notwithstanding the foregoing, where industrial processes and outdoor mechanical activities are functionally integral to the principal use, such areas must, to the extent reasonably feasible, be located to the side or rear of the building and not impact pedestrian areas. Partial screening must be provided with design and materials consistent with the building and/or the agricultural/industrial character of the area. (E) Design Guidelines. See also the Fort Collins River District Design Guidelines, which are intended to assist applicants in the preparation of development plans within the zone district. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§43, 44, 92, 12/15/98; Ord. No. 99, 1999 §22, 6/15/99; Ord. No. 165, 1999 §40, 11/16/99; Ord. No. 183, 2000 §§14, 32, 12/19/00; Ord. No. 204, 2001 §§1, 43, 44, 12/18/01; Ord. No. 087, 2002 §§31, 32, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §§36, 37, 6/15/04; Ord. No. 123, 2005 §§19—21, 11/15/05; Ord. No. 104, 2006 §§28, 29, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 156, 2006, 10/17/06; Ord. No. 192, 2006 §27, 12/19/06; Ord. No. 081, 2007 §21, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §30, 7/7/09; Ord. No. 026, 2010 §5, 3/16/10; Ord. No. 045, 2010 §1, 5/4/10; Ord. No. 068, 2010 §14, 7/6/10; Ord. No. 020, 2011, §§2, 3, 3/15/11; Ord. No. 010, 2012 §4, 2/21/12; Ord. No. 051, 2012 §14, 7/17/12; Ord. No. 057, 2012 §3, 7/17/12; Ord. No. 130, 2012 §§8, 9, 11/20/12; Ord. No. 143, 2012 §4, 1/15/13; Ord. No. 014, 2013 §4, 2/19/13; Ord. No. 096, 2013 §18, 7/16/13; Ord. No. 042, 2014 §§3, 4, 3/18/14; Ord. No. 086, 2014 §§65—68, 7/1/14; Ord. No. 175, 2014 §11, 12/16/14 ; Ord. No. 110, 2015 §§ 13, 14, 9/15/15 ; Ord. No. 155, 2015 §§9, 10, 12/15/15 ; Ord. No. 080, 2016 , §4, 11/15/16; Ord. No. 044, 2017 , §14, 3/21/17; Ord. No. 129, 2017 , § 19, 10/3/17; Ord. No. 063, 2018 , §§56—58, 6/5/18) (F) Permitted Uses. (1) The following uses are permitted in the D District subject to basic development review: (a) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (b) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property ITEM 5, ATTACHMENT 2 Packet Pg. 126 Division 4.16, Downtown District (D) Division 4.16 18 pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in the subdistricts of the Downtown District, subject to Basic Development Review (BDR), Minor Amendment (MA), administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: (3) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. Land Use Historic Core Canyon Avenue/Civic/ North Mason Innovation/ River River Corridor Campus North Entryway Corridor Accessory Buildings BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Adult Day/Respite Care Center Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Agricultural Activities Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Artisan: Photography Galleries & Studios BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Bar/Tavern BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Bed and Breakfast Not Permitted Not Permitted Not Permitted Not Permitted Type 1 Type 1 Child Care Center Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Clubs and Lodges BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Community Facilities Type 1 Type 1 Type 1 Type 2 Type 1 Type 1 Composting Facilities Not Permitted Not Permitted Not Permitted Type 1 Not Permitted Not Permitted Conference/Convention Center BDR/MA Type 2 Type 2 Not Permitted Not Permitted Not Permitted Convenience Store (w/o fuel sales) Not Permitted Not Permitted Not Permitted Not Permitted Type 1 Type 1 Convenience Store (w/ fuel sales) Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Type 1 ITEM 5, ATTACHMENT 2 Packet Pg. 127 Division 4.16, Downtown District (D) Division 4.16 19 Land Use Historic Core Canyon Avenue/Civic/ North Mason Innovation/ River River Corridor Campus North Entryway Corridor Day Shelters <10,000sf (w/in 1/4 mi of Transfort) Type 2 Not Permitted Type 2 Not Permitted Type 1 Not Permitted Dog Day Care Not Permitted Type 2 Type 2 Not Permitted Type 2 Type 2 Domestic Violence Shelters BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Drive-In Facilities Not Permitted Not Permitted Not Permitted Not Permitted Type 2 Type 2 Entertainment Facilities & Theatres BDR/MA Type 2 Type 1 Not Permitted Type 2 Type 2 EOR Houses <5 tenants BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA EOR Houses >5 tenants Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Exhibit Halls BDR/MA Type 2 Type 1 Not Permitted Type 2 BDR/MA Fast Food Restaurant (without Drive Thru) BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Food Truck Rally Type 1 Type 1 Type 1 Not Permitted Type I Type 1 Gas Station Not Permitted Type 2 Type 2 Not Permitted Type 2 Type 1 Grocery Store (5,000-45,000sf) Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Group homes Type 1 Type 2 Type 2 Not Permitted Type 1 Type 1 Health & Membership Clubs BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Homeless Shelters Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Large Retail Establishments Type 2 Type 2 Type 2 Not Permitted Not Permitted Not Permitted Limited Indoor Recreation BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Lodging Establishments Type 2 Type 2 Type 2 Not Permitted Type 1 Type 1 Long-term Care Facilities Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Medical Marijuana Center BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Medical Marijuana-infused product manufacturers Not Permitted Not Permitted BDR/MA Not Permitted Not Permitted Not Permitted Medical Marijuana Optional premises operations Not Permitted Not Permitted BDR/MA Not Permitted Not Permitted Not Permitted ITEM 5, ATTACHMENT 2 Packet Pg. 128 Division 4.16, Downtown District (D) Division 4.16 20 Land Use Historic Core Canyon Avenue/Civic/ North Mason Innovation/ River River Corridor Campus North Entryway Corridor Microbrewery/Distillery/Winery BDR/MA Type 2 Type 2 Not Permitted Type 2 Type 2 Minor Public Facilities BDR/MA Type 1 Type 1 Type 1 Type 1 Type 1 Mixed-Use Dwellings BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Mixed-Use above non-residential uses BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Multi-family <50 du/ <75 bedrooms BDR/MA Type 2 Type 2 Not Permitted Type 1 Type 2 Multi-family >50 du/>75 bedrooms Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Music Facility, Multi-Purpose Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Music Studios Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Neighborhood Parks BDR/MA BDR/MA BDR/MA BDR/MA BDR/MA BDR/MA Night Club BDR/MA Type 2 Type 2 Not Permitted Type 2 Type 2 Non-Primary STR BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Offices: Financial Services, and Clinics BDR/MA Type 1 Type 1 Not Permitted BDR/MA BDR/MA Off-Site Construction Staging Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Open-Air Farmers Market Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Outdoor Amphitheatre Type 1 Type 1 Type 2 Not Permitted Type 2 Not Permitted Outdoor Vendor (Stationary) BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Outdoor Vendor (excluding Stationary) BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Parking Lots/Garage (as principle use) Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Parks/Open Lands Type 1 Type 1 Type 1 Type 1 Type 1 Type 1 Personal & Business Service Shops BDR/MA BDR/MA Type 1 Not Permitted Type 1 BDR/MA Place of Worship/Assembly Type 1 Type 1 Type 2 Not Permitted Type 1 Type 1 Primary STR BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA ITEM 5, ATTACHMENT 2 Packet Pg. 129 Division 4.16, Downtown District (D) Division 4.16 21 Land Use Historic Core Canyon Avenue/Civic/ North Mason Innovation/ River River Corridor Campus North Entryway Corridor Print Shops Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Public/Private school(college/vocational) BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Public/Private School (elem./int/high) Type 2 Type 2 Type 2 Not Permitted Type 2 Not Permitted Research Laboratories Not Permitted Type 1 Type 1 Not Permitted Type 1 Type 1 Resource Recovery Not Permitted Not Permitted Not Permitted Type 1 Not Permitted Not Permitted Retail Establishment BDR/MA Type 2 Type 2 Not Permitted Type 1 Type 1 Retail Marijuana Store BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Satellite Dishes more than 39" in Diameter BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Seasonal Overflow Shelters Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 SFD previously business back to SFD BDR/MA BDR/MA BDR/MA Not Permitted BDR/MA BDR/MA Single Family Detached dwellings Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted BDR/MA Single-family attached dwellings Not Permitted Type 1 Type 1 Not Permitted Type 1 BDR/MA Single-family detached dwellings with no more 800 sq. ft., constructed on lots w/ existing dwellings Not Permitted Not Permitted Type 1 Not Permitted Not Permitted Not Permitted Small Scale Reception Center Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Small/Medium-Scale Solar Energy Systems Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Standard Restaurant BDR/MA Type 1 Type 1 Not Permitted Type 1 Type 1 Supermarkets Not Permitted Type 2 Type 2 Not Permitted Type 2 Not Permitted Transit Facilities (w/o repair or storage) Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Two-Family Dwellings Not Permitted Type 1 Not Permitted Not Permitted Type 1 BDR/MA Unlimited indoor recreational uses and facilities Not Permitted Not Permitted Not Permitted Not Permitted Type 2 Not Permitted Urban Agriculture Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 ITEM 5, ATTACHMENT 2 Packet Pg. 130 Division 4.16, Downtown District (D) Division 4.16 22 Land Use Historic Core Canyon Avenue/Civic/ North Mason Innovation/ River River Corridor Campus North Entryway Corridor Vehicle Minor Repair (indoor) Not Permitted Not Permitted Not Permitted Not Permitted Type 2 Type 1 Vehicle Major Repair Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Type 2 Vehicle Sales Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Type 2 Vet Facility/Small Animal Clinic Not Permitted Type 2 Type 2 Not Permitted Type 1 Type 1 Vet Hospital Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted BDR/MA Wildlife rescue and education centers Not Permitted Not Permitted Not Permitted Type 2 Not Permitted Not Permitted Wireless Telecommunication Equipment Type 1 Type 1 Type 1 Not Permitted Type 1 Type 1 Wireless Telecommunication Facilities Type 2 Type 2 Type 2 Not Permitted Type 2 Type 2 Workshops & Small Custom Industry Not Permitted Type 1 Type 1 Not Permitted Type 1 Type 1 ITEM 5, ATTACHMENT 2 Packet Pg. 131 Agenda Item 6 Item 6, Page 1 STAFF REPORT November 15, 2018 Planning and Zoning Board PROJECT NAME HISTORIC PRESERVATION CODES AND PROCESS REVIEW STAFF Karen McWilliams, Historic Preservation Manager PROJECT INFORMATION PROJECT DESCRIPTION: This is a request for Planning & Zoning Board consideration of a recommendation to City Council to adopt revisions to Land Use Code Section 3.4.7 (Historic and Cultural Resources). These codes direct the review and approval processes for developments affecting historic resources. APPLICANT: City of Fort Collins RECOMMENDATION: Staff recommends the Planning and Zoning Board forward a recommendation to City Council to approve the revisions to Land Use Code Section 3.4.7. EXECUTIVE SUMMARY A series of amendments to Municipal Code Chapter 14 and Land Use Code Section 3.4.7 are necessary to implement staff and consultant recommendations for improvements to standards that apply to historic resources and infill and redevelopment projects. The objective of this code and process review is to provide greater clarity, effectiveness and predictability in all regulations governing older and designated historic properties, and to better ensure the compatibility of new construction with existing context. The Historic Preservation Division code and process review is being conducted with the assistance of Clarion, Associates. The review builds upon extensive work undertaken in 2012 - 2014 to align the City’s historic preservation programs with Council’s policies and strategic outcomes. During the nearly two-year review, Clarion examined best practices in historic preservation statewide and nationally and conducted a comparative analysis of the Fort Collins codes and processes with those in over a dozen peer communities. Standard processes, such as historic designation and design review were studied, as well as emerging issues important to the Fort Collins, such as compatibility and appropriate infill development. Clarion then prepared a series of reports that summarized the current conditions related to the section topic, discussed the main issues associated with this topic, highlighted various approaches used throughout the country, and provided conclusions and recommendation for improvements. Each report was then reviewed by a Citizen Advisory Committee (CAC), the Landmark Preservation Commission (LPC), and city staff. The sixteen-member CAC, who convened for twenty meetings was comprised stakeholders representing historic preservationists, architects, real estate developers and realtors, local land attorneys, property owners, history group members and others. Packet Pg. 132 Agenda Item 6 Item 6, Page 2 KEY CHANGES PROPOSED: Following are key changes staff is proposing to the Historic Preservation codes and processes: Landmark Designation: • Improve and shorten the non-consensual designation process by reducing the number of required meetings to two, rather than three. • LPC may approve design review applications during the designation process. • Interactive map that provides information on eligibility status, enabling property owners, developers and residents to easily locate individually eligible and designated properties. Ultimately, the map will be linked to CityDocs, providing access to documentation, photographs, and building permit records. Review of Designated Resources: • Design review of National Register, State Register and Fort Collins Landmarks • More options for quick approval: LPC conceptual reviews optional, offer multiple conceptual reviews if desired rather than one. • Two-part review, which can occur at same hearing: Mass, Form & Context, followed by Design Details. • Decision matrix of work that can be approved without review, and work that can be approved administratively. Review of Developments Abutting and Adjacent to Historic Resources • Establish at Conceptual Review a consistent and predictable 200-foot limit for the review of development near historic properties. • Design standards promoting compatibility with existing character that support design flexibility rather than replication. • Professional historic property survey: properties that are undergoing major work and are likely to be individually eligible. Demolition by Neglect and Dangerous Buildings • Building Code Updates: code language to address imminently dangerous buildings, and to clarify the requirement to fix dangerous conditions when deemed repairable by the Chief Building Official FINDINGS OF FACT/CONCLUSION The revisions to Chapter 14 of the Municipal Code, Landmark Preservation and Land Use Code Section 3.4.7, Historic and Cultural Resources support Council’s adopted policies: That the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people; and That the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. RECOMMENDATION Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the recommended revisions to Municipal Code Chapter 14 and Land Use Code 3.4.7. ATTACHMENTS 1. Staff presentation Packet Pg. 133 Landmark Designation 1 Non-Consensual Designation Process • Process reduced by 40 days; 2 hearings • Initiated by Council, LPC or 3 or more residents • Begin interim control from time of application • LPC can approve changes during interim control • Meetings held as quickly as practicable • Supermajority (6+) vote required to move forward 2 ITEM 6, ATTACHMENT 1 Packet Pg. 134 Design Review of Designated Resources • “Certificate of Appropriateness” • CLG: National and State Register properties, as well as landmarks • Qualify for all incentive programs • Minor vs Major work • Based on Secretary of the Interior’s Standards & Guidelines & District‐Specific Design Standards and Guidelines 3 Design Review – Commission • Conceptual review optional • Two part review: • Mass Form & Context • Design details • Can occur in same meeting • Single Family Dwellings that are not designated are not reviewed 4 ITEM 6, ATTACHMENT 1 Packet Pg. 135 Demolition, Neglect & Dangerous Determinations of Eligibility: • Historic Property Survey – Required for non‐SFD • Inventory of Eligible Resources • 5‐Year Period of Validity 5 Dangerous Buildings Public Safety Exclusions (Imminent Danger): • Fix Dangerous Conditions when Repairable • Building Code Definition of “Imminent Danger” • Siding and Windows for non‐Single Family Dwellings 6 ITEM 6, ATTACHMENT 1 Packet Pg. 136 7 LAND USE CODE: 3.4.7 Historic Resources EXISTING CODE: CHALLENGES REVISED CODE: IMPROVEMENTS Limiting good design: Replication, imitation Inviting design excellence: Unique, harmonious new buildings Rigidity: Prescriptive standards Flexibility: Multiple options Unclear priorities: Historic context buildings undifferentiated Logical hierarchy: Emphasizes abutting historic buildings Unpredictable process - area of adjacency: Decided by LPC at final hearing (late in application review) Timeliness and certainty - area of adjacency: Decided by staff at pre-application stage (following 3rd party survey) 8 • Simple chart • Purpose statements • 2 basic standards per category • Options • Complementary to zone district standards ITEM 6, ATTACHMENT 1 Packet Pg. 137 Recommendation Questions? 9 ITEM 6, ATTACHMENT 1 Packet Pg. 138