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COUNCIL - COMPLETE AGENDA - 07/18/2023
Fort Collins City Council Agenda Regular Meeting 6:00 p.m. Tuesday, July 18, 2023 City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521 Zoom Webinar link: https://zoom.us/j/98241416497 NOTICE: Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month in the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom webinar in addition to the in person meeting in Council Chambers. City Council members may participate in this meeting via electronic means pursuant to their adopted policies and protocol. How to view this Meeting:: Meetings are open to the public and can be attended in person by anyone. Meetings are televised live on Channels 14 & 881 on cable television. Meetings are livestreamed on the City's website, fcgov.com/fctv Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. Meetings are available through the Zoom platform, electronically or by phone. Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ Written comments can be mailed or dropped off at the City Manager's Office at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521 Email comments about any item on the agenda to cityleaders@fcgov.com During the public comment portion of the meeting and discussion items: In person attendees can address the Council in the Chambers. The public can join the Zoom webinar and comment from the remote meeting, joining online or via phone. All speakers are required to sign up to speak using the online sign up system available at www.fcgov.com/agendas Staff is also available outside of Chambers prior to meetings to assist with the sign up process for in person attendees. There are in person and remote options for members of the public who would like to participate in Council meetings: Comment in real time:: Full instructions for online participation are available at fcgov.com/councilcomments. Join the online meeting using the link in this agenda to log in on an internet-enabled smartphone, laptop or computer with a speaker and microphone. Using earphones with a microphone will greatly improve audio experience. To be recognized to speak during public participation portions of the meeting, click the 'Raise Hand' button. Participate via phone using this call in number and meeting ID: Call in number: 720 928 9299 Meeting ID: 982 4141 6497 During public participation opportunities in the meeting, press *9 to indicate a desire to speak. Submit written comments:: Documents to Share during public participation: Persons wishing to display presentation materials using the City’s display equipment under the Public Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. City of Fort Collins Page 1 of 9 City Council Summary Agenda City Council Regular Meeting Agenda July 18, 2023 at 6:00 PM Jeni Arndt, Mayor Emily Francis, District 6, Mayor Pro Tem Susan Gutowsky, District 1 Julie Pignataro, District 2 Tricia Canonico, District 3 Shirley Peel, District 4 Kelly Ohlson, District 5 City Council Chambers 300 Laporte Avenue, Fort Collins & via Zoom at https://zoom.us/j/98241416497 Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Xfinity Carrie Daggett Kelly DiMartino Anissa Hollingshead City Attorney City Manager City Clerk PROCLAMATIONS & PRESENTATIONS 5:00 PM A) PROCLAMATIONS AND PRESENTATIONS PP 1. Declaring July 2023 as Smart Irrigation Month. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL E) CITY MANAGER'S AGENDA REVIEW • City Manager Review of Agenda • Consent Calendar Review, including removal of items from Consent Calendar for individual discussion. F) COMMUNITY REPORTS - None. G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS (Including requests for removal of items from Consent Calendar for individual discussion.) Individuals may comment regarding any topics of concern, whether or not included on this agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to Council. • Those who wish to speak are required to sign up using the online sign-up system available at www.fcgov.com/council-meeting-participation-signup/ Page 1 City of Fort Collins Page 2 of 9 • Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion on the same agenda item. • All speakers will be called to speak by the presiding officer from the list of those signed up. After everyone signed up is called on, the presiding officer may ask others wishing to speak to identify themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state their name and general address for the record, and, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time has ended. [**For questions about the development review process or the status of any particular development, consult the City’s Development Review Center page at https://www.fcgov.com/developmentreview, or contact the Development Review Center at 970.221.6760.] H) PUBLIC COMMENT FOLLOW-UP I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION CONSENT CALENDAR The Consent Calendar is intended to allow Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from the Consent Calendar by either Council or the City Manager will be considered separately under their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The Consent Calendar consists of: • Ordinances on First Reading that are routine; • Ordinances on Second Reading that are routine; • Those of no perceived controversy; • Routine administrative actions. 1. Consideration and Approval of the Minutes of the June 20, 2023 Regular Meeting. The purpose of this item is to approve the minutes of the June 20, 2023 regular meeting. 2. Second Reading of Ordinance No. 088, 2023, Making Supplemental Appropriations of Unanticipated Revenue for the Siphon Overpass Project. This Ordinance, unanimously adopted on First Reading on June 20, 2023, appropriates funds for the Siphon Overpass Project (Project), which will design and construct a trail o verpass spanning the existing railroad tracks near the southwest corner of the Willow Springs neighborhood. This Ordinance will enable the City to receive and expend Multimodal Options Fund (MMOF) funds and Carbon Reduction Program (CRP) funds from the Colorado Department of Transportation (CDOT) and to appropriate those funds for the Project. This Ordinance will also appropriate an additional $750,000 in the Capital Projects Fund for the Project. Page 2 City of Fort Collins Page 3 of 9 3. Second Reading of Ordinance No. 089, 2023, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. This Ordinance, unanimously adopted on First Reading on June 20, 2023, is related to electric capacity fees imposed for the construction of new or modified electric service to add a 200-amp service option for multi-family developments. This additional service option will not impact existing customers or developments; rather, it will provide an alternative sizing option to the existing 150- amp multi-family service in Code today. 4. Second Reading of Ordinance No. 090, 2023, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. This Ordinance, unanimously adopted on First Reading on June 20, 2023, extends the authorization for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization expired on June 1, 2023. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed by December 2023. This is the final request for an extension of authorization. 5. Second Reading of Ordinance No. 091, 2023, Amending the Boundary of the Fort Collins Historic Landmark at 401 Smith Street, the Loomis-Jones Property, Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on June 20th, 2023, approves the property owners of 401 Smith Street, a City landmark designated in 2008, to seek a modification to the landmark boundary as listed in the designation ordinance to allow for subdivision of the property and construction of an additional home. After review and consideration of the proposal, the Historic Preservation Commission recommended approval of the boundary change at their April 19, 2023, hearing. Municipal Code 14-35 requires Council action within seventy-five days of this recommendation. 6. Second Reading of Ordinance No. 092, 2023, Designating the Alexander and Emma Barry Farm Property, 232 East Vine Drive, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on June 20, 2023, is requesting a City Landmark designation for the Alexander and Emma Barry Farm Property at 232 East Vine Drive. In cooperation with the property owner, City staff and the Historic Preservation Commission (HPC) have determined the property to be eligible for designation under Standards 1, Events, 2, Persons/Groups, and 3, Design/Construction. Under Standard 1, the property is associated with the early settlement era of Fort Collins history, from the systematic removal of Native Americans for Anglo western land acquisition to the agricultural district that once existed just north of the historic core. Under Standard 2, this property is associated with early Anglo settlers and prominent farmers Alexander and Emma Barry, with acknowledgement of Native American occupation of the area before Anglo settlers. Under Standard 3, the farmhouse on this property is a good and rare example of an early farmhouse in this area and features Gothic Revival design elements. The owner is requesting designation, which will provide protection of the property's exterior and access to financial incentives for historic property owners. Page 3 City of Fort Collins Page 4 of 9 7. First Reading of Ordinance No. 093, 2023, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received Through City Give for Various Programs and Services as Designated by the Donors. The purpose of this item is to request appropriation of $56,974 in philanthropic revenue received through City Give in 2022 and 2023. These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City’s strategic priorities and as per the respective donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. 8. First Reading of Ordinance No. 094, 2023, Appropriating Philanthropic Revenue in the General Fund Through City Give for Neighborhood Services for Community Workshops and the Creation and Distribution of a Neighborhood Business Guide. The purpose of this item is to appropriate $20,000 in philanthropic revenue for Neighborhood Services within the Community Development and Neighborhood Services Department of the Planning and Transportation services area. Neighborhood Services has been awarded a gift of $20,000 through the 2023 American Association of Retired Persons (AARP) Community Challenge with the designated intent to support healthy outcomes for residents’ homes and personal wellbeing through three one-day Homeowner Workshops, each at a different mobile home community in the City, including Skyline, North College and Hickory Village. The gift funds also will be used to create and distribute a neighborhood business guide to residents. 9. First Reading of Ordinance No. 095, 2023, Authorizing Expenditure of American Rescue Plan Act Funds for Affordable Housing Fee Credits as Specified. The purpose of this item is to provide previously appropriated American Rescue Plan Act (ARPA) funding for 5 units targeting forty percent (40%) Area Median Income (AMI) households at the Heartside Hill development. Council already appropriated $350,000 of ARPA funding for affordable housing fee credits, and this funding must be fully committed by 2024. Affordable housing fee credits have been approved administratively for 20 units serving households at thirty percent (30%) AMI or below, including 8 units at Heartside Hill. There are no additional thirty percent (30%) AMI units expected before the ARPA deadline to commit funds in 2024. Though fee credits for units up to sixty-five percent (65%) AMI are a presumptive eligible use of ARPA funds, the City’s fee credit policy as codified in City Code Article VIII, Section 7.5 requires Council approval for fee credits for any units serving income ranges above thirty percent (30%) AMI. This Council action would ensure that the remaining appropriated funds are used for their intended purpose as affordable housing fee credits. 10. First Reading of Ordinance No. 096, 2023, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of Vendor Services to Support the Replacement of the City’s Utilities Billing System. The purpose of this item is to consider an appropriation from the Light and Power, Water, Wastewater and Stormwater Enterprise Funds available reserves to implement a modern Utility Customer Information System – Customer Self Service Portal (CIS-CX) Solution. This appropriation request is the second, and final, request related to the new CIS-CX. In March 2023, Ordinance No. 036, 2023, appropriated $4,250,000 to begin the process of temporarily increasing staffing for the implementation while contract review and negotiations were being finalized. The City has now identified the Vendor of Choice, reviewed the functional Page 4 City of Fort Collins Page 5 of 9 requirements in detail with that vendor and negotiated terms of the contract sufficient to determine the amount of investment needed to successfully deploy a new CIS-CX. This appropriation request of $9,700,000 will provide the additional funding needed for all costs associated directly with the software deployment, software testing, training, and the organizational change management (OCM) associated with moving onto a modern CIS-CX. With this appropriation, the CIS-CX implementation will begin in October of this year and be fully oper ational by the end of 2025. The total amount being requested for appropriation here is $9,700,000 and is broken out as follows: Software as Service Implementation $3,250,000; Software Licensing through Implementation $2,400,000; Organizational Change Management (OCM) $1,500,000; Testing Protocol Development and Management $900,000; Training Development and Initial Training $900,000; and Business Process Analysis and Alignment $750,000. 11. Items Relating to Parking of Shared Mobility Devices and Electric Scooters. A. First Reading of Ordinance No. 097, 2023, Amending Sections 2002, 2106 and 2108 of the Fort Collins Traffic Code to Address the Parking of Shared Mobility Devices and Electric Scooters. B. First Reading of Ordinance No. 098, 2023, Repealing Chapter 24, Article VI, Parking of Shared Mobility Devices, of the Code of the City. The purpose of this item is to add shared mobility devices and electric scooters to the Fort Collins Traffic Code regulations for parking of bicycles and electric bicycles, and also to repeal two sections of the City Code that separately relate only to parking of shared mobility devices and electric scooters. 12. Items Relating to The Landing at Lemay Two Plan Amendment to the City Structure Plan Map and Rezoning. A. Public Hearing and First Reading of Ordinance No. 099, 2023, Amending the City’s Structure Plan Map. B. Public Hearing and First Reading of Ordinance No. 100, 2023, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as The Landing at Lemay Two Rezoning. The purpose of this item is to amend the City Structure Plan Map to change the land use designation of approximately nine acres of land east of the Lemay Avenue overpass over Vine Drive from the Industrial Place Type to the Mixed Neighborhood Place Type and rezone the property from the Industrial (I) District to the Medium Density Mixed Use Neighborhood (MMN) District. The site is a remnant area of Industrial zoning resulting from the first Landing at Lemay Rezone which was approved in February 2023. The rezoning request is subject to criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Commission, which voted 7-0 on their consent agenda to recommend approval of the request at their May 2023 hearing. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 2(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2022-068. Page 5 City of Fort Collins Page 6 of 9 13. First Reading of Ordinance No. 101, 2023, Designating the Emma Malaby Grocery Property, 313 North Meldrum Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The purpose of this item is to request City Landmark designation for the Emma Malaby Grocery Property at 313 North Meldrum Street. In response to an application from the property owner, Historic Larimer County, City staff and the Historic Preservation Commission have determined the property to be eligible for designation under City Code Section 14-22, Standards 1 – Events, 2 – Persons/Groups, 3 – Design/Construction, and 4 – Information Potential. The owner is requesting designation to ensure protection of the property's buildings and features and to gain access to financial incentives for historic property owners. 14. Resolution 2023-066 Approving an Exception to the Use of a Competitive Process for Biosolids Dewatering Polymer for the Drake Water Reclamation Facility. The purpose of this item is to request an exception to the use of a competitive bid process for a contract extension not to exceed five (5) years with Aqua Ben Corporation for purchase of biosolids dewatering polymer is being brought forward for consideration. The alternative is contrary to the City’s best interests for the following reasons: Selection of an alternative biosolids dewatering polymer would require modification of the Drake Water Reclamation Facility (DWRF) National Pollutant Discharge Elimination System (NPDES) permit by Colorado Department of Public Health and Environment (CDPHE). Modification of NPDES permits is prohibited when the status of a permit is administratively extended. The DWRF NPDES permit is in a status of administrative extension. Exception to the Competitive Bid or Proposal Rationale: Section 8-161(d)(1)b. Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City’s financial interest, or will substantially impede the City’s administrative functions or the delivery of services to the public. 15. Resolution 2023-067 Authorizing the City Manager to Execute an Intergovernmental Agreement with Larimer County for the Funding of the Colorado Front Range Trail – Poudre River Trail Segment with the Great Outdoors Colorado (GOCO) Grant Reimbursement. The purpose of this item is to support the Intergovernmental Agr eement (IGA) with the City and Larimer County for the Poudre River Trail segment grant. Larimer County, in partnership with Fort Collins, Timnath, and Windsor, received a $2.0 million grant from Great Outdoors Colorado (GOCO) for the completion of the remaining segments of the Poudre River Trail. The Grant will fund construction of gaps in the trail from Colorado State University’s (CSU) Environmental Learning Center (ELC) to River Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger Reservoir property. Funds from the award will be used to close two gaps of the Poudre River Trail within the City, one between Arapaho Bend Natural Area and the existing Timnath trail system on the east side of I- 25, and the other connecting the existing trail near Rigden Reservoir to CSU’s ELC. Alternative alignments are being explored for the segment of trail between Rigden Reservoir and the ELC (see attachment 2). Page 6 City of Fort Collins Page 7 of 9 16. Resolution 2023-068 Directing an Intergovernmental Agreement with Larimer County and Certification of Ballot Questions for the Municipal Election to be Conducted by Larimer County in Conjunction with the November 7, 2023, Coordinated Election. The purpose of this Resolution is to authorize the City Manager to enter into an Intergovernmental Agreement (IGA) with Larimer County for the conduct of the November election, and to direct the City Clerk to certify ballot content to the County no later than September 8, 2023. Both of these actions are required by State statute. 17. Resolution 2023-069 Making an Appointment to the Northern Colorado Regional Airport Commission. The purpose of this items is to appoint Michael Williams as the Fort Collins appointed Citizen Member to the Northern Colorado Regional Airport Commission. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.) L) STAFF REPORTS - None. M) COUNCILMEMBER REPORTS N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION The method of debate for discussion items is as follows: • Mayor introduced the item number and subject; asks if formal presentation will be made by staff • Staff presentation (optional) • Mayor requests public comment on the item (three minute limit for each person) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 18. Items Relating to a City-Initiated Charter Amendment Relating to Referendum Requirements. A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 102, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Sections 2 and 5 of Article X of the City Charter Relating to Referendum and Petition Requirements. Page 7 City of Fort Collins Page 8 of 9 The purpose of this item is to set ballot language regarding proposed amendments to Sections 2 and 5 of Article X of the City Charter relating to referendum and petition requirements. Following work with the Election Code Committee and through a Work Session on May 9, 2023, Council directed staff to bring forward a potential ballot option to amend the City Charter to reconcile contradictions in the referendum process. Any protest of the proposed ballot language must be received no later than Monday, July 17, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet. 19. Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements. A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 103, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles II and IV of the City Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins. The purpose of this item is to set ballot language regarding the requirement that certain employees live in or near Fort Collins. Based on feedback from Councilmembers at the May 9, 2023, staff brings forward a potential ballot option to amend the City Charter to remove requirements that certain employment position types live in or near Fort Collins, allowing Council to establish any residency requirements by ordinance or by employment agreement for employees reporting directly to Council. Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. Any protest of the proposed ballot language must be received no later than Monday, July 17, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council’s “Read Before the Meeting” packet. P) OTHER BUSINESS OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) Q) ADJOURNMENT Every regular Council meeting will end no later than midnight, except that: (1) any item of business commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been considered by the Council, will be deemed continued to the next regular Council meeting, unless Council determines otherwise. Page 8 City of Fort Collins Page 9 of 9 Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. Page 9 PROCLAMATION WHEREAS, the City of Fort Collins recognizes water is a finite resource that is vital to human life and that well-maintained green spaces are important to the health and well-being of communities and individuals; and WHEREAS, appropriate irrigation technology, combined with best practices, can significantly reduce water usage and runoff while creating healthy lawns, trees, landscaping, and playing fields; and WHEREAS, July is a peak month for the use of water for irrigation; and WHEREAS, Fort Collins Utilities offers customer rebates for numerous outdoor water efficiency products, including smart irrigation controllers, which are weather based, skipping irrigation days when there has been sufficient precipitation, a key technology during we periods in the spring and summer; and WHEREAS, City of Fort Collins Water Conservation Department encourages all residents to conserve water and responsibly use water outdoors during the summer season. NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby July 2023 as SMART IRRIGATION MONTH to recognize the advances in irrigation technology and practices that help raise healthy plants while using water more efficiently and to encourage the adoption of smart irrigation practices to further improve water-use efficiency in agriculture, residential, and commercial activities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of July, 2023. __________________________________ Mayor ATTEST: _________________________________ Deputy City Clerk Page 10 Item PP 1. City Council Agenda Item Summary – City of Fort Collins Page 1 of 1 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Anissa N. Hollingshead, City Clerk SUBJECT Consideration and Approval of the Minutes of the June 20, 2023 Regular Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the June 20, 2023 regular meeting. STAFF RECOMMENDATION Staff recommends approval of the minutes. ATTACHMENTS 1. Draft Minutes, June 20, 2023 Page 11 Item 1. City of Fort Collins Page 97 City Council Proceedings June 20, 2023 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM PROCLAMATIONS AND PRESENTATIONS 5:00 PM A) PROCLAMATIONS PP 1. Declaring June 2023 as Bike Month. PP 2. Declaring June 21st, 2023 as Make Music Fort Collins Day. Mayor Jeni Arndt presented the above proclamations at 5:00 p.m. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER Mayor Jeni Arndt called the regular meeting to order at 6:01 p.m. in the City Council Chambers at 300 Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom platform. C) PLEDGE OF ALLEGIANCE Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag. D) ROLL CALL PRESENT Mayor Jeni Arndt Mayor Pro Tem Emily Francis Councilmember Susan Gutowsky Councilmember Julie Pignataro Councilmember Tricia Canonico Councilmember Shirley Peel (arrived at 6:30 p.m.) Councilmember Kelly Ohlson STAFF PRESENT City Manager Kelly DiMartino City Attorney Carrie Daggett Assistant City Clerk Amani Chamberlin Page 12 Item 1. City of Fort Collins Page 98 City Council Proceedings E) CITY MANAGER'S AGENDA REVIEW City Manager Kelly DiMartino provided an overview of the agenda, including: Noting there were no changes to the published agenda. All items on the consent agenda were recommended for approval. The items on the discussion agenda were reviewed. F) COMMUNITY REPORTS None. G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS (Including requests for removal of items from Consent Calendar for individual discussion.) Jennifer Coers (remote), Regional Manager with Educatius Group, an international student placement organization which partners with Poudre School District stated eight students from Brazil and Spain still need host families in the District and requested assistance from Council in finding those families. She commented on contributions made by international students to the local economy and spoke as an advocate for community members becoming host families. Madeleine Kamberg stated she is running the U+2 repeal campaign and stated people in support of U+2 want to see fewer humans, which is lazy policy. She stated she will be stopping their campaign to bring an ordinance by petition due to a lack of manpower and requested Council place this issue on the ballot for the upcoming election. Teresa Gonzales, (via Spanish interpretation) shared a personal testimony about an incident that happened regarding a homeless individual and her feeling that she and her children are unsafe, particularly in the park which she stated has been overtaken by homeless individuals. She expressed that she is not alone in her concerns and is speaking on behalf of residents in Hickory Village. Rebecca Mendoza, (via Spanish interpretation) resident of Hickory Village, spoke on behalf of the mobile home park's residents and stated that when homeless individuals were moved out of downtown, they migrated to Soft Gold Park, and residents can no longer use this park as it has been taken over by homeless individuals who are frequently under the influence. She stated Hickory Street has been overrun by tents and violence in the area has increased, including gunshots and fights. She stated residents of Hickory Village have the right to keep their children safe from being exposed to drug abuse and she requested Council work to find a way to foster peace and tranquility for the children of her community. Patricia Harrell stated she works with the 24/7 men’s shelter in the North College Corridor, and she frequently works with the residents of Hickory Village. She echoed the concerns of the previous two speakers. She also expressed concern with traffic on Hickory Street and stated residents are requesting a larger law enforcement presence to help build relationships with the community. Additionally, she stated the residents of Poudre Valley Mobile Home Park, while not in the City limits, are very much affected by City issues and should be informed as to decisions and meetings. Marcus Valdez commented on the City’s budget issues and concerns with expenses being greater than revenue. He spoke to the elevated cost of living, opposed increasing taxes, and commented on being fiscally responsible while ensuring essential programs and services are not compromised. He opposed the rental registration program. Mike Sherman, landlord, opposed the rental registration program stating there are more effective, less expensive alternatives. Page 13 Item 1. City of Fort Collins Page 99 City Council Proceedings Mark Houdashelt, representing District 6, spoke to his bias in advocacy of Climate funding and aired his frustration of the process regarding the large emitter tax. He spoke largely in favor of the large emitter tax and suggested proposed taxes could be rearranged to fund other things by referring to proposed minimums. Clerk’s Note: Councilmember Shirley Peel joined the meeting on the dais at 6:30 p.m. Adam Eggleston thanked Councilmembers Gutowsky and Peel for attending the Child Safe Celebration of Healing gala. He expressed concern about starting the rental registration program given the City’s revenue shortfall and suggested it should go through the normal BFO (Budgeting for Outcomes) process. He also stated it was irresponsible to fund long-term programs with American Rescue Plan Act funds. Mike Vogel (remote) expressed concern about the rental registration ordinance under consideration and strongly urged Council to oppose it. He offered suggestions to include a provision that holds the City accountable for ongoing collaboration with community stakeholders and to consider implementing registration or licensure requirements solely for repeat offenders if Council opts to move forward. Dolores Williams opposed spending funds on counting rentals and suggested funds would better be spent on housing the unhoused or preventing people from becoming houseless. Kevin Jones, Fort Collins Area Chamber of Commerce, expressed support for item 17, Resolution 2023-052 Approving the Boundaries of a Proposed Area of the City to be Submitted to the Director of the Colorado Office of Economic Development for Designation as a CHIPS Zone under the CHIPS Zone Act, stating it is a pragmatic opportunity for smart growth. Mary Beth Klein expressed support for the U+2 ordinance and stated that most houses sold to be rentals usually deteriorate. Public comment concluded at 6:44 p.m. H) PUBLIC COMMENT FOLLOW-UP Councilmember Susan Gutowsky requested staff address the concerns raised by Hickory Village residents. Police Chief Jeff Swoboda replied he just finished talking with the residents and acknowledged many complaints have been received in the area. He stated a second neighborhood meeting is being scheduled and the Homeless Outreach Team will be going to the area tomorrow. Mayor Arndt clarified taxes are not raised without a vote of the people; however, she noted property taxes have increased due to property values increasing. Councilmember Tricia Canonico encouraged families to host exchange students. I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION Councilmember Kelly Ohlson withdrew item 17, Resolution 2023-052 Approving the Boundaries of a Proposed Area of the City to be Submitted to the Director of the Colorado Office of Economic Development for Designation as a CHIPS Zone under the CHIPS Zone Act. Page 14 Item 1. City of Fort Collins Page 100 City Council Proceedings J) CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the June 6, 2023 Regular Meeting and the June 13, 2023 Special Meeting. The purpose of this item is to approve the minutes of the June 6, 2023 Regular Meeting and the June 13, 2023 Special Meeting. Approved. 2. Second Reading of Ordinance No. 075, 2023, Making Supplemental Appropriation of Unanticipated Grant Revenue and Authorizing Transfers for the Development of a Paratransit Mobile Application and Web Portal. This Ordinance, unanimously adopted on First Reading on June 6, 2023, appropriates unanticipated grant revenue awarded to Transfort by the Colorado Department of Transportation (“CDOT”), together with unencumbered Transit Services Fund amounts that will satisfy the grant’s local match requirement. Transfort has applied for and been awarded a $50,000 state grant through CDOT’s Office of Innovative Mobility, to be used for the development of a paratransit client web portal and mobile application. This grant requires a $10,000 local match. This Ordinance appropriates $50,000 in state grant revenue, and $10,000 in local match from the Transit Services Fund. Adopted on Second Reading. 3. Second Reading of Ordinance No. 077, 2023, Appropriating Philanthropic Revenue Received Through City Give for the Carnegie Center for Creativity as Designated by the Donor. This Ordinance, unanimously adopted on First Reading on June 6, 2023, appropriates $200,000 in philanthropic revenue received through City Give for the Carnegie Center for Creativity as designated by the donor. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. Adopted on Second Reading. 4. Second Reading of Ordinance No. 078, 2023, Appropriating Philanthropic Revenue Received through City Give for Various Programs and Services as Designated by the Donors. This Ordinance, unanimously adopted on First Reading on June 6, 2023, appropriates $65,790 in philanthropic revenue received through City Give. These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City’s strategic priorities and the respective donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. Adopted on Second Reading. Page 15 Item 1. City of Fort Collins Page 101 City Council Proceedings 5. Second Reading of Ordinance No. 079, 2023, Making Supplemental Appropriation from the Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit. This Ordinance, unanimously adopted on First Reading on June 6, 2023, supports Fort Collins Police Services Forensic Services Unit work in the prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate distribution by appropriating $255,833 of unanticipated grant revenue from the Colorado Department of Public Safety, Division of Criminal Justice (DCJ). Adopted on Second Reading. 6. Second Reading of Ordinance No. 080, 2023, Authorizing Transfers of Appropriations for the Northside Aztlan Resilience Hub Project. This Ordinance, unanimously adopted on First Reading on June 6, 2023, appropriates supplemental funds for the Northside Aztlan Community Center Resilience Hub Project. Funding originally provided through Ordinance No. 113, 2020, supported the construction of battery storage and upgraded solar equipment at the Northside Aztlan Community Center. Project cost overruns arising from escalation, building code changes and design modifications requires Utilities to transfer $60,000 from the Utilities Energy Services budget to supplement the Northside Aztlan Resilience Hub capital project budget. This funding transfer utilizes anticipated underspend of lapsing funds to accomplish an objective consistent with the purpose of the project. The project also received $200,000 in funding from the Colorado Department of Local Affairs. Adopted on Second Reading. 7. Items Relating to Sales Tax Code Updates. A. Second Reading of Ordinance No. 081, 2023, Amending Article VIII, Article XI and Article XIV of Chapter 15 of the Code of the City of Fort Collins Relating to Pawnbrokers, Secondhand Dealers, and Outdoor Vendors. B. Second Reading of Ordinance No. 082, 2023, Amending Article III of Chapter 25 of the Code of the City of Fort Collins Relating to Sales and Use Tax. These Ordinances were both adopted on First Reading on June 6, 2023. Ordinance No. 081, 2023, amends Chapter 15 of the City Code to include annual renewal dates for pawnbroker and secondhand dealer licenses, to create exemptions from secondhand dealer regulation for flea markets and secondhand furniture stores, and to restrict mobile food truck vendors and pushcart vendors from operating on the renovated portion of Linden Street. Ordinance No. 082, 2023, amends Chapter 25 of the City Code concerning sales and use tax. The updates to Chapter 25 include clarifying the process for a taxpayer to obtain a refund or credit for overpayment of tax discovered in an audit, updating licensing to align with Senate Bill 22-032, and the time period that a business relocating to Fort Collins will owe use tax on items brought into the City that were purchased while a nonresident. Adopted both Ordinances on Second Reading. Page 16 Item 1. City of Fort Collins Page 102 City Council Proceedings 8. Second Reading of Ordinance No. 083, 2023, Amending Chapter 23.5 of the Code of the City of Fort Collins Regarding Special Events. This Ordinance, unanimously adopted on First Reading on June 6, 2023, updates the City Code regarding special event permitting so that it aligns with current standards and practices. The majority of the changes are related to administrative tasks, such as fees, timelines, and permitting authorities. The amendment also includes allowing most of those changes to be handled at the administrative level, with City Manager approval, without coming back to City Council for every change. On Second Reading, some additional minor edits have been made in Section 23.5-7 to improve consistency by adding the missing conjunction “or” at several points in a numbered list. Adopted on Second Reading. 9. Items Relating to Emergency Management. A. Second Reading of Ordinance No. 084, 2023, Amending Article IX of Chapter 2 of the Code of the City of Fort Collins Regarding Emergency Management. B. Resolution 2023-065 Approving the City of Fort Collins Emergency Operations Plan. This Ordinance, unanimously adopted on First Reading on June 6, 2023, amends the City Code to reflect updates on how emergency management programming is done and where the responsibility for that programming sits. This includes some updated language changes, as well as authorities and roles for staff and elected officials during a critical event. On Second Reading of the Ordinance, Council is asked to consider a Resolution to adopt an updated Emergency Operation Plan (EOP) that supports and is consistent with the requested changes in the City Code. Adopted Ordinance on Second Reading and Resolution. 10. Second Reading of Ordinance No. 085, 2023, Repealing and Reenacting Article II of Chapter 9 of the City Code Regarding Open Fire and Burning Restrictions. This Ordinance, unanimously adopted on First Reading on June 6, 2023, updates the City Code provisions regarding restrictions on open fires and burning in the City to update references to the International Fire Code, improve defined terms, better describe what activities are or are not permitted during declared Stage 1 and Stage 2 fire restrictions, and provide a mechanism for Poudre Fire Authority (PFA) to act quickly to postpone previously permitted burns when changes in weather conditions increase the fire danger. Adopted on Second Reading. 11. Items Relating to the Siphon Overpass Project A. Resolution 2023-051 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Siphon Overpass Project. B. First Reading of Ordinance No. 088, 2023, Making Supplemental Appropriations of Unanticipated Revenue from the Siphon Overpass Project. Page 17 Item 1. City of Fort Collins Page 103 City Council Proceedings The purpose of this item is to enable the City to receive and expend Multimodal Options Fund (MMOF) funds and Carbon Reduction Program (CRP) funds from the Colorado Department of Transportation (CDOT) and to appropriate those funds for the project. This item will authorize the Mayor to execute the Intergovernmental Agreement (IGA) for the Siphon Overpass Project with CDOT and will appropriate an additional $750,000 in the Capital Projects Fund for the Project. These funds will be used to design and construct a trail overpass spanning the existing railroad tracks near the southwest corner of the Willow Springs neighborhood. Adopted Resolution and Ordinance on First Reading. 12. First Reading of Ordinance No. 089, 2023, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. The purpose of this item is to consider an Ordinance related to electric capacity fees imposed for the construction of new or modified electric service to add a 200-amp service option for multi- family developments. This additional service option will not impact existing customers or developments; rather, it will provide an alternative sizing option to the existing 150-amp multi- family service in Code today. Adopted on First Reading. 13. First Reading of Ordinance No. 090, 2023, Authorizing An Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. The purpose of this item is to extend the authorization for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization expired on June 1, 2023. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed by December 2023. This is the final request for an extension of authorization. Adopted on First Reading. 14. First Reading of Ordinance No. 091, 2023, Amending the Boundary of the Fort Collins Historic Landmark at 401 Smith Street, the Loomis-Jones Property, Pursuant to Chapter 14 of the Code of the City of Fort Collins. The property owners of 401 Smith Street, a city landmark designated in 2008, are seeking a modification to the landmark boundary as listed in the designation ordinance to allow for subdivision of the property and construction of an additional home. After review and consideration of the proposal, the Historic Preservation Commission recommended approval of the boundary change at their April 19, 2023, hearing. Municipal Code 14-35 requires City Council action within seventy-five days of this recommendation. Adopted on First Reading. 15. First Reading of Ordinance No. 092, 2023, Designating the Alexander and Emma Barry Farm Property, 232 East Vine Drive, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The purpose of this item is to request City Landmark designation for the Alexander and Emma Barry Farm Property at 232 East Vine Drive. In cooperation with the property owner, City staff Page 18 Item 1. City of Fort Collins Page 104 City Council Proceedings and the Historic Preservation Commission have determined the property to be eligible for designation under Standards 1, Events, 2, Persons/Groups, and 3, Design/Construction. Under Standard 1, the property is associated with the early settlement era of Fort Collins history, from the systematic removal of Native Americans for Anglo western land acquisition, to the agricultural district that once existed just north of the historic core. Under Standard 2, this property is associated with early Anglo settlers and prominent farmers Alexander and Emma Barry, with acknowledgement of Native American occupation of the area before Anglo settlers. Under Standard 3, the farmhouse on this property is a good and rare example of an early farmhouse in this area and features Gothic Revival design elements. The owner is requesting designation, which will provide protection of the property's exterior and access to financial incentives for historic property owners. Adopted on First Reading. 16. Resolution 2023-049 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the Maintenance of Traffic Signals, Signs, and Pavement Markings Within Fort Colli ns and Within the Fort Collins Growth Management Area. The City has a long-standing agreement with the Colorado Department of Transportation (CDOT) to maintain traffic control devices within the City and within the Growth Management Area (GMA). This update increases the amount that CDOT pays to the City for maintenance of signs and pavement markings to more accurately reflect actual costs incurred by the City for this work. Under this new intergovernmental agreement (IGA), the amount paid to the City by CDOT will increase from $217,568 to $249,648 annually. The term of this IGA is 5 years. Adopted. 17. Resolution 2023-052 Approving the Boundaries of a Proposed Area of the City to be Submitted to the Director of the Colorado Office of Economic Development for Designation as a CHIPS Zone under the CHIPS Zone Act. In July 2022, Congress passed the Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022 (CHIPS Act) as part of President Biden’s economic plan to invest in America, strengthen domestic semiconductor manufacturing, fortify the economy and national security, and reinforce America’s chip supply chain. This May, the Colorado General Assembly adopted HB23- 1260 to provide certain tax incentives to support and encourage investments in semiconductor and advanced manufacturing in Colorado, as well as meet the requirement for state or local participation in the federal government’s CHIPS Act. HB23-1260 creates a state income tax-credit opportunity for businesses in the semiconductor and advanced manufacturing that are awarded CHIPS federal funding. For this to occur for businesses in the City, HB23-1260 requires the City to propose an area within the City for designation as a CHIPS Zone (Zone) and to submit this proposed area, together with a development plan, to the Director of the Colorado Office of Economic Development for consideration and approval of such designation by the Colorado Development Commission. Pulled from Consent. Adopted. Page 19 Item 1. City of Fort Collins Page 105 City Council Proceedings 18. Resolution 2023-053 Approving the 2023 Certification to the Larimer County Assessor Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2023 property taxes payable in 2024 to the City and to all other affected taxing entities. Adopted. 19. Resolution 2023-054 Approving Fort Fund Grant Disbursements – Organizational Support Category. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming Account for the selected community events in the Organizational Support category, based upon the recommendations of the Cultural Resources Board. Adopted. 20. Resolution 2023-055 Making an Appointment to the Northern Colorado Regional Airport Commission. The purpose of this item is to appoint Jerry Stooksbury as the Joint Citizen Member to the Northern Colorado Regional Airport Commission. Adopted. 21. Items Relating to Appointments to Various Boards and Commissions: A. Resolution 2023-056 Making Appointments to the Air Quality Advisory Board. B. Resolution 2023-057 Making an Appointment to the Building Review Commission. C. Resolution 2023-058 Making an Appointment to the Cultural Resources Board. D. Resolution 2023-059 Making an Appointment to the General Employees Retirement Committee. E. Resolution 2023-060 Making an Appointment to the Historic Preservation Commission. F. Resolution 2023-061 Making Appointments to the Human Relations Commission. G. Resolution 2023-062 Making an Appointment to the Human Services and Housing Funding Board. H. Resolution 2023-063 Making Appointments to the Land Conservation and Stewardship Board. I. Resolution 2023-064 Making an Appointment to the Senior Advisory Board. The purpose of this item is to fill vacancies on various Boards and Commissions. Adopted all Resolutions. END OF CONSENT CALENDAR Mayor Pro Tem Francis moved, seconded by Councilmember Peel, to approve the recommended actions on items 1-21, minus item 17. The motion carried 7-0. Page 20 Item 1. City of Fort Collins Page 106 City Council Proceedings K) CONSENT CALENDAR FOLLOW-UP Councilmember Julie Pignataro congratulated the individuals who were appointed to Boards and Commissions and announced the next round of recruitment will be held at the end of the year. Councilmember Ohlson suggested possible term limits for the Airport Commission. Mayor Arndt noted the IGA would need to be adjusted and stated a governance study is currently underway. L) STAFF REPORTS None. M) COUNCILMEMBER REPORTS Councilmember Tricia Canonico Reported the City just received $750,000 in funding which completes the dollar amount needed for the Siphon overpass. Councilmember Kelly Ohlson Attended the City Hall Xeriscape Garden affair on Saturday. Attended the Foothills Mall Juneteenth event. Councilmember Susan Gutowsky Congratulated the graduates of Police Services and the Poudre Fire Authority. Attended the International Town and Gown conference. Commended the collaborative work of Police Services with the CSU Police. Attended the Child Safe fundraiser. Attended the Chamber of Commerce State of Business event. Councilmember Shirley Peel Attended the International Town and Gown conference and commended Cortney Geary on the bike ride event. Visited the Royal Kids Camp for foster children. Announced two upcoming listening sessions, one for South College businesses at the Heart of the Rockies Church, and one at the Village on Shields clubhouse. Wished her husband happy birthday. Mayor Jeni Arndt Thanked the generous voters of Larimer County for approving additional funding for the Larimer County Animal Shelter a few years ago noting it will be absorbing the Weld County Shelter. Attended the American Public Power Association conference and noted Platte River Power Authority is well respected in that national group. Councilmember Tricia Canonico Attended the Colorado Communities for Climate Action retreat and will be serving as co-chair of their legislative group. Clerk’s Note: Mayor Arndt called for a break at 7:02 p.m. The meeting resumed at 7:14 p.m. Page 21 Item 1. City of Fort Collins Page 107 City Council Proceedings N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION 17. Resolution 2023-052 Approving the Boundaries of a Proposed Area of the City to be Submitted to the Director of the Colorado Office of Economic Development for Designation as a CHIPS Zone under the CHIPS Zone Act. In July 2022, Congress passed the Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022 (CHIPS Act) as part of President Biden’s economic plan to invest in America, strengthen domestic semiconductor manufacturing, fortify the economy and national security, and reinforce America’s chip supply chain. This May, the Colorado General Assembly adopted HB23- 1260 to provide certain tax incentives to support and encourage investments in semiconductor and advanced manufacturing in Colorado, as well as meet the requirement for state or local participation in the federal government’s CHIPS Act. HB23-1260 creates a state income tax-credit opportunity for businesses in the semiconductor and advanced manufacturing that are awarded CHIPS federal funding. For this to occur for businesses in the City, HB23-1260 requires the City to propose an area within the City for designation as a CHIPS Zone (Zone) and to submit this proposed area, together with a development plan, to the Director of the Colorado Office of Economic Development for consideration and approval of such designation by the Colorado Development Commission. Councilmember Ohlson requested additional details regarding the tax credit and actual dollar figure attached, whether that is per employee added and how long employees need to be employed. Daniel Salvetti, State of Colorado’s Office of Economic Development and International Trade, replied the CHIPS zones allow access to three of the enterprise zone existing tax credit programs: the new employee tax credit of $1,100 per new employee with some additional benefits for other industries, the investment tax credit, which is 3% of business personal property investment, and the research and development tax credit, which is 3% of new expenses on research and development. He stated the job must be retained for one year before the tax credit can be claimed. Councilmember Ohlson spoke against enterprise zones and noted a connection between this item and the fact that Council did not support the large polluter tax ballot question as a reason for his concern. Additionally, Ohlson noted the Council did not support increasing the minimum wage and will still give tax credits to corporations which he stated he is firmly against. Councilmember Pignataro stated she will support the item as there are no negative financial impacts on the City and it could benefit the area workforce. Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt Resolution 2023-052. The motion carried 6-1. Ayes: Councilmembers Canonico, Pignataro, Gutowsky, Mayor Arndt, Mayor Pro Tem Francis, and Peel. Nays: Councilmember Ohlson. O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION 22. Second Reading of Ordinance No. 076, 2023, Appropriating Prior Year Reserves for the Administration of the Land Use Code Regulations for Designated Areas and Activities of State Interest. This Ordinance, adopted by a vote of 6-1 (Nay: Peel) on First Reading on June 6, 2023, appropriates general fund dollars to administer the recently adopted 1041 regulations. The 1041 Page 22 Item 1. City of Fort Collins Page 108 City Council Proceedings regulations represent a new permitting program for designated activities of statewide interest, including major domestic water, sewage treatment and highway projects. Adopted on Second Reading, 6-1 (Nay: Peel) Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on Second Reading Ordinance No. 076, 2023. The motion carried 6-1. Ayes: Councilmembers Pignataro, Gutowsky, Mayor Arndt, Mayor Pro Tem Francis, Ohlson, and Canonico. Nays: Councilmember Peel. 23. Items Relating to Housing Strategic Plan Implementation: Rental Housing Registration Program. A. Second Reading of Ordinance No. 086, 2023, Amending Chapter 5 of the Code of the City of Fort Collins to adopt a Rental Housing Registration Program as an Implementation Action of the Housing Strategic Plan and the Our Climate Future Plan. B. Second Reading of Ordinance No. 087, 2023, Appropriating Prior Year Reserves in the General Fund for the Startup Phase of the Rental Housing Registration Program. These Ordinances were adopted on First Reading on June 6, 2023. Ordinance No. 086, 2023, adopted by a vote of 5-1 (Nay: Peel), adopts the Rental Housing Registration Program, which includes rental registration, improvements to the complaint-based inspection system and software, enhanced mediation, education and outreach, and incentives for voluntary compliance. Ordinance No. 087, 2023, adopted unanimously, authorizes an off-cycle General Fund appropriation in the amount of $461,375 (with an anticipated two-year total for 2023-2024 of $1.1 million), to support the startup and implementation phases of the program. Ordinance No. 086, 2023, included the following amendment to Code Section 5-283 (in gray): Sec. 5-283. Registration required. (a) An owner of a long-term residential rental dwelling unit shall register it with the City and comply with the requirements pursuant to this Division. (b) Long-term residential rental units described in one or more of the following paragraphs are exempted from the registration requirements of this Article: (1) A long-term residential dwelling unit occupied by the owner; and (2) A mobile home rental unit in a mobile home park, as defined and described in Chapter 18 of this Code. The development of a Rental Housing Registration Program implements policy direction in both the Housing Strategic Plan (2021) and the Our Climate Future Plan (2021): ● Housing Strategic Plan, Strategy 20 - Explore the option of a mandated rental license/registry program for long-term rentals and pair with best practice rental regulations. ● Our Climate Future Plan, Strategy HAH6 - Explore the option of mandated rental licensing/rental registry with minimum standards for health, safety, stability, and efficiency. Page 23 Item 1. City of Fort Collins Page 109 City Council Proceedings If adopted by the Council, staff anticipates the phased rollout of registration will begin in Q3 2024. The period between adoption and implementation will be used to hire and train staff, implement new software, implement improvements to the complaint-based inspection system and mediation program, and conduct education and outreach with landlords, tenants, property managers, and others impacted by the Rental Housing Registration Program. Because the timelines for hiring processes, educational outreach, and software upgrades will impact the overall program implementation timeline, staff will keep City Council updated on the progress of the rollout as milestones are achieved. The proposed Ordinance and supporting AIS before the Council incorporates the components that a consensus of Councilmembers expressed support for bringing forward at April 18, 2023, Council meeting discussion of rental housing. The components of the proposed program include: (1) rental registration; (2) improvements to the existing complaint-based system, including software; (3) enhanced mediation services; and (4) public education and outreach programs. Planning, Development and Transportation Director, Caryn Champine, outlined the topics to be discussed per the alterations that were made at First Reading. Meaghan Overton, Housing Manager, stated the proposed program includes rental registration, improved complaint based rental inspections, enhanced mediation and outreach, and education opportunities. She noted the rental housing program is identified in both the Housing Strategic Plan and the Our Climate Future Plan and stated the proposed program aims to better support the healthy, safe rental housing stock while simultaneously responding to feedback about how to improve the City’s current program. Marcy Yoder, Neighborhood Services Manager, outlined the topics that were discussed at First Reading: adding an amendment that would exempt owner-occupied and mobile home park rentals, allowing complaint-based rental inspections up to two weeks after vacating the unit, possibly reducing, or sliding fees for low-income landlords, and addressing privacy considerations and public access to the rental registration and violations information. Yoder noted mediation services and complaint-based inspections would still be accessible for owner-occupied rentals if they are exempted from registration. Additionally, she stated there are an estimated 242 mobile home rentals out of the 38,000 rental units in the City and they too would be able to access mediation services and complaint-based inspections. She outlined the requirements for complaint-based inspections to occur after a tenant has vacated a property. Yoder stated it has been determined that the City Manager has the purview to set fees and take into consideration special conditions, such as low-income landlords. She noted the software, which is the same as what is currently being used by the Building Department, will dictate what is available for public viewing and any CORA requests would be handled as usual. PUBLIC COMMENT Joliann (no last name given) opposed the rental registration program and questioned why it seems this is being rushed. She stated the language of the ordinance does not match the language used in the staff presentation and questioned how Council can justify telling private property owners that they need to seek permission to rent their property. She also questioned why mobile home parks would be exempted when they typically house some of the most vulnerable members of the population and suggested a more proactive, restorative, and education-based program would make a better semblance of a partnership between the City and the community. She questioned how the program could be justified based solely on the 148 tenant complaints in the past seven years and urged Council to oppose the ordinance. Page 24 Item 1. City of Fort Collins Page 110 City Council Proceedings Colleen Hoffman (remote) opposed any type of rental registration and requested postponement of the item for further discussion. She expressed concern that current code enforcement is not accessible and suggested the funds for this program could be spent to help bolster that staff. She questioned the goal of the program and noted rentals constantly change ownership which will make the registry outdated as soon as it is established. Amber Kelley suggested data should first be collected prior to any type of rental registration program being implemented. She commented on the Longmont program and requested additional work go into this item to facilitate cooperation and compliance. Greg Vogel (remote) opposed the rental registration program and noted many other individuals have also expressed opposition. He expressed concern that the language reads as if leasing private property without first getting permission from the City will be illegal. He stated it is deceiving that the actual text is different from what has been presented by staff and urged Council to think about equity. Carrie Gillis opposed the rental registration program particularly as it is written. She questioned the cost of the program especially considering there may be requests for additional taxes on the ballot and stated she does not see the nexus between this program and affordable housing. She stated the program is not equitable to landlords and suggested the proposed funding should be used to bolster the mediation department. Joan Welsh commented on the improvements she has made to her rental properties and stated the proposed language has made her feel as if she is now a guilty party. She cited specific sections of the ordinance that she finds particularly objectionable. Christophe Attard (remote) stated the City should be working to make things easier rather than harder for small businesses to operate and there is no clear problem this program will solve. Sarah Dentoni opposed the rental registration program and suggested the language relates to an aging housing stock and this will put the onus on landlords to address those issues while not solving a problem. Joe Rowan stated it is irresponsible to use reserve dollars on a new program rather than unexpected expenses and stated there is little justification to spend this money. Christina Larsen opposed the rental registration program stating it will raise costs to tenants and create challenges for landlords. She suggested tenant education should be prioritized. Makaela Stevens stated she was originally in favor of rental registration; however, she opposed the language as written. Madeleine Kamberg opposed the rental registration program and stated the complaint system and mediation program could be improved. She stated this program will not be effective as long as U+2 exists and stated this item is being rushed through despite widespread opposition. COUNCIL DISCUSSION Councilmember Peel asked about the mobile home and owner-occupied rental exemptions and whether that would be eliminating a large population of renters this program is aiming to help. Yoder replied those exemptions were made at the request of Council at First Reading. She noted this is a registration program rather than a proactive inspection program. Councilmember Peel asked if HUD (Housing and Urban Development) units will be exempted. Overton replied HUD properties are already required to complete inspections; therefore, the Page 25 Item 1. City of Fort Collins Page 111 City Council Proceedings proposal when the program contemplated proactive inspections was to exempt those properties from the inspection requirements. Councilmember Peel asked if there is any data related to small landlords selling properties as a result of these types of programs. Overton replied that the program would apply to all landlords, regardless of the number of properties owned and she could not speculate as to whether owners would sell because of this program. Councilmember Peel asked about the rationale for having the City Manager be the sole decision- maker related to appeals. Holly Coulehan, City Attorney’s Office, replied it is an option for one of the administrative appeal processes and there would be an option to make an appeal go before Council. Councilmember Peel requested staff address the public comments related to this being an application and not a registration. Overton replied this is a registration form which will provide information to the City and the form has yet to be finalized given this program is not approved. Councilmember Peel expressed concern related to the possibility of denial. Overton outlined the voluntary compliance process that would then lead to a non-voluntary enforcement process. Councilmember Peel asked if complaints are required to be made to landlords first before tenants can go to the City. Yoder replied that has yet to be finalized and will be part of the implementation process. Mayor Arndt stated the intent of the program is similar to acquiring a business license. Councilmember Gutowsky discussed the value of having two readings and stated she met with landlords at a meeting last week after First Reading during which she heard concerns related to the program being perceived as being more of a license program than a registration program. Additionally, concerns were raised about the language related to who is completing the form. Yoder replied the language is meant to ensure the person completing the form has the authority to do so. Councilmember Gutowsky commented on concerns raised about approval and denial when this is simply a registration process. Yoder replied staff must review the information for completeness, which in and of itself is an approval. A denial would occur if false information were presented or someone was attempting to register a commercial property that was not suitable for residential use, for example. Councilmember Gutowsky mentioned concerns about the language related to punishment by imprisonment. Coulehan replied that language is applicable to every civil infraction in the Code and the imprisonment portion represents one subdivision of the Code section related to an individual being found guilty of any three civil infractions within 12 months, there is a possibility of a misdemeanor charge in municipal court. Councilmember Gutowsky asked about the process staff would go through should a landlord refuse to register a rental property. Yoder replied that a friendly letter would first be sent, likely followed by a second notice; however, the rules are not yet finalized. She stated a citation would be issued after that and citations do continue to escalate and be addressed in court. However, she noted the existing Code compliance process, which is the same, has a 90% voluntary compliance success rate. Councilmember Gutowsky asked what will be asked of landlords when they register their rental properties. Yoder replied that basic property owner, location, number and age of units, and local Page 26 Item 1. City of Fort Collins Page 112 City Council Proceedings contact information will be required, and other voluntary questions will be included. She noted that information will come before Council when finalized in the quarterly update. Councilmember Gutowsky questioned the exclusion of mobile homes and owner-occupied units and stated she would like more discussion around that topic. She asked if senior housing developments through Housing Catalyst or Volunteers of America will be required to register. Staff replied in the affirmative. Councilmember Gutowsky asked if private properties occupied by students will also be required to register despite those owned by CSU (Colorado State University) being exempt. Yoder replied that the CSU dorms are not regulated by the City; however, any private property rental would be required to register. Councilmember Ohlson clarified this process has not been rushed and was started almost two years ago and has evolved greatly over that time. He stated he believes fears will dissipate once the program is implemented as it does not tremendously change the current process. He stated this is a health and safety issue as well as an equity issue. He also stated this is a minimalist program, not a scary program, and it will benefit both landlords and tenants. Additionally, he stated he does not support the exclusion of owner-occupied rentals particularly citing concerns around basement egress. Mayor Pro Tem Francis requested confirmation this program would apply to all rentals except mobile homes and owner-occupied properties. Yoder replied in the affirmative and noted larger complexes would be included. Mayor Pro Tem Francis stated this is a registration program, not an inspection program, and the funding will cover two and a half engagement specialists, a better software system, and a mitigation grant fund pilot. Councilmember Canonico commended the staff work on the program and requested additional details regarding the funding and self-sustaining nature of the program. Overton replied this is a fee based program; therefore, once it is fully implemented, the fees will cover its cost as well as pay back the initial start-up cost over the first five years of implementation. Councilmember Canonico asked if HUD properties are exempted. Staff replied in the negative. Councilmember Canonico thanked the individuals who have provided input on this item and stated community feedback has been incorporated into the existing proposal, which could be reworked if necessary. Mayor Arndt commented on looking into ways to keep registration fees down so as to not increase rents and stated she would prefer looking at taking the start-up fees from reserves. Councilmember Peel reiterated concerns about the imprisonment language and the possibility of loopholes that could make this process become back door licensing and not registration. She stated a balance needs to exist between protections for renters and landlords, particularly small landlords. She stated she would prefer to see the database enhanced through voluntary compliance and use the funds to expand the complaint-based inspections, education, and outreach. She stated she would like to be closely involved in the design of the program to be able to address some of her concerns and she encouraged staff to continue to engage landlords. Councilmember Gutowsky stated she is still bothered by the owner-occupied rental exemption and noted it could be amended. Additionally, she stated mobile home park renters are some of the most vulnerable and expressed concern about that exemption as well. She stated she would also like to be involved in the design of the program and will vote to move forward. Page 27 Item 1. City of Fort Collins Page 113 City Council Proceedings Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt on second reading Ordinance No. 086, 2023. Councilmember Pignataro and Mayor Arndt commended staff work on the item. The motion carried 6-1. Ayes: Councilmembers Gutowsky, Mayor Arndt, Mayor Pro Tem Francis, Ohlson, Canonico, and Pignataro. Nays: Councilmember Peel Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on second reading Ordinance No. 087, 2023. The motion carried 6-1. Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Canonico, Pignataro, and Gutowsky. Nays: Councilmember Peel P) OTHER BUSINESS OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) OB 2. Consideration of a motion to cancel the Tuesday, August 1, 2023, Regular Council meeting: Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, pursuant to City Code Section 2-28(a), that Council cancel its regular meeting on Tuesday, August 1, 2023, due to the Neighborhood Night Out community event on August 1, 2023. The motion carried 7-0. OB 3. Executive Session Motion - Real Estate. Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, that Council go into Executive Session to discuss REAL PROPERTY ACQUISITION for the Southeast Community Center, as permitted under: City Charter Article Roman Numeral Two, Section 11(3), City Code Section 2-31(a)(3), and Colorado Revised Statutes Section 24-6-402(4)(a). The motion carried 7-0. OB 4. Executive Session - Legal Matters. Mayor Pro Tem Francis moved, seconded by Councilmember Peel, that the City Council go into Executive Session for the purpose of meeting with the City’s attorneys and City management staff to discuss specific legal questions related to the following Page 28 Item 1. City of Fort Collins Page 114 City Council Proceedings litigation matters, as permitted under City Charter Article Two, Section Eleven (Two), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b): 1. Pending litigation against the City by Michaela Surat; 2. Pending litigation by and against Open International; 3. Pending and threatened litigation related to driving under the influence enforcement by former Police Officer Jason Haferman; and 4. Pending litigation regarding arrests during a demonstration at Fort Collins Police Services on August 8, 2020. The motion carried 7-0. Q) ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:42 p.m. ___________________________________ Mayor ATTEST: ___________________________________ Deputy City Clerk Page 29 Item 1. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Jin Wang, Civil Engineer II Dana Hornkohl, Capital Projects Manager Brad Buckman, City Engineer Heather N. Jarvis, Legal SUBJECT Second Reading of Ordinance No. 088, 2023, Making Supplemental Appropriations of Unanticipated Revenue for the Siphon Overpass Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 20, 2023, appropriates funds for the Siphon Overpass Project (Project), which will design and construct a trail overpass spanning the existing railroad tracks near the southwest corner of the Willow Springs neighborhood. This Ordinance will enable the City to receive and expend Multimodal Options Fund (MMOF) funds and Carbon Reduction Program (CRP) funds from the Colorado Department of Transportation (CDOT) and to appropriate those funds for the Project. This Ordinance will also appropriate an additional $750,000 in the Capital Projects Fund for the Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION The Power Trail is a frequently used north/south multi-use recreational and commuter connection. The trail connects the Spring Creek Trail at its northern end point and the Fossil Creek Trail at its southern end. The Union Pacific Railroad (UPRR) tracks parallel the Power Trail. Trail users south of Harmony Road and east of the tracks wishing to access the Power Trail must use designated crossings at Harmony Road or at Trilby Road. Additional crossings do not exist between the two roadway crossings. There is evidence of trail users crossing the railroad tracks at unauthorized locations between Harmony Road and Trilby Road. The need for a grade separated crossing between Harmony and Trilby becomes amplified as development continues around this area. The Siphon Overpass Project will design, acquire right-of-way, and construct a trail overpass spanning the UPRR tracks near the southeast corner of the Willow Springs neighborhood. This will provide a safe and designated connection to the Power Trail for users south of Harmony Road and east of the UPRR tracks. The design will be context sensitive to the existing natural environment; concurrently performing environmental investigations and reviews associated with the use of federal funds. The Project will also be designed to complement anticipated trail improvements along Mail Creek and at Timberline Road. Design Page 30 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 is currently underway, and construction is anticipated to begin in 2023. A vicinity map and a rendering of the pedestrian overpass are included in the attachments. The City was awarded $554,569 in MMOF and $195,431 in CRP Funds by the North Front Range Metropolitan Planning Organization as this Project not only improves multimodal connectivity, but also provides a safe route to nearby neighborhood schools. The funds are administered by CDOT. The City is required to provide local matching funds equaling $595,194. Funds previously appropriated to this Project will be used as the local match. Per Chapter 23 of the City Code, Article XII (addressing Art in Public Places), Section 23-304, all appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one percent of the estimated cost for works of art. The previously appropriated funds for local match have already satisfied the required contribution to public art. As defined in the IGA, the MMOF and CRP funds are not eligible for use toward public art. CITY FINANCIAL IMPACTS The following is a summary of the Project funding: Prior Project Appropriations From Community Capital Improvement Program (CCIP) Fund (Transferred to Capital Projects Fund via 2020-2021 BFO Offer 1.11) $1,700,000 From MMOF Grant (Ordinance No 118, 2021) $1,855,050 Less: $5,050 Transfer to Art in Public Places (Ordinance No 118, 2021) CCIP - Ped/Bike Grade Separated Crossing (BFO Offer 21.16, 2022) $500,000 Less: $5,000 Transfer to Art in Public Places (BFO offer 21.16, 2022) 2023-2024 BFO offer 25.19 $450,000 Less: $4,500 Transfer to Art in Public Places (2023-2024 BFO offer 25.19) Total Prior Appropriated Project Funds $4,505,050 Project Funds to be Appropriated with this Action Multimodal Options Funds (MMOF) $554,569 Carbon Reduction Program (CRP) $195,431 Total Project Funds to be Appropriated with this Action $750,000 Local Match of $595,194 is from Prior Project Appropriated Funds Total Project Funds $5,255,050 BOARD / COMMISSION / COMMITTEE RECOMMENDATION City staff presented this Project to the Council Finance Committee on August 11, 2021 (a copy of these minutes is included in the attachments). The Project has also been presented to various boards as part of the broader Bicycle/Pedestrian Grade Separated Prioritization Study. Page 31 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 PUBLIC OUTREACH City staff is currently developing an outreach plan intended to gather stakeholder input as the design progresses. Staff has also been in contact with adjacent development representatives. An open house is planned for this summer, together with two other adjacent projects. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 32 Item 2. -1- ORDINANCE NO. 088, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS OF UNANTICIPATED REVENUE FOR THE SIPHON OVERPASS PROJECT WHEREAS, the Power Trail is a frequently used north-south multi-use recreational and commuter connection that connects the Spring Creek Trail at its northern end and the Fossil Creek Trail at its southern end; and WHEREAS, the Union Pacific Railroad (UPRR) tracks parallel the Power Trail; and WHEREAS, the only current designated railroad crossings for trail users south of Harmony Road and east of the tracks wishing to access the Power Trail are at Harmony Road or at Trilby Road, with no other designated crossings between the Harmony or Trilby roadway crossings; and WHEREAS, evidence shows trail users crossing the railroad tracks at unauthorized locations between Harmony Road and Trilby Road; and WHEREAS, the need for a grade separated crossing between Harmony Road and Trilby Road becomes amplified as development continues around this area; and WHEREAS, the Siphon Overpass Project (the “Project”) has been developed to address these safety concerns and provide another designated railroad crossing; and WHEREAS, the Project’s proposed improvements will construct a trail overpass spanning the UPRR tracks near the southeast corner of the Willow Springs neighborhood to provide a safe and designated connection to the Power Trail for trail users south of Harmony Road and east of the UPRR tracks; and WHEREAS, the Project design will be context sensitive to the existing natural environment, concurrently performing environmental investigations and reviews associated with the use of federal funds, and will complement anticipated trail improvements along Mail Creek and at Timberline Road; and WHEREAS, Project design and right-of-way acquisition are currently underway, and construction is anticipated to begin in 2023; and WHEREAS, in 2020, 2021, and 2022, the City appropriated Community Capital Improvement Program and Multimodal Option Funds (MMOF) funding amounts totaling $4,505,050 for the design, right-of-way acquisition, and construction of the Project; and WHEREAS, the City was awarded $554,569 in MMOF and $195,431 in Carbon Reduction Program (CRP) funds by the North Front Range Metropolitan Planning Organization and the Colorado Department of Transportation (CDOT), also for the design, right-of-way acquisition, and construction of the Project, because the Project improves multimodal connectivity and also provides a safe route to nearby neighborhood schools; and Page 33 Item 2. -2- WHEREAS, the MMOF and CRP grant funding requires the City to provide local matching funds totaling $595,194, which will be provided from funds previously appropriated for this Project; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving transportation and safety infrastructure within the City; and WHEREAS, the funds appropriated in this Ordinance for the Siphon Overpass Project are ineligible for use in the Art in Public Places Program due to restrictions placed on them by the MMOF grant and the CRP grant administered by CDOT; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the MMOF grant administered by CDOT as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from the grant; and WHEREAS, the City Council wishes to designate the appropriation herein for the CRP grant administered by CDOT as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from the grant; and WHEREAS, the City Council wishes to designate the appropriations herein for the Project as appropriations that shall not lapse at the end of this fiscal year but shall continue until the completion of the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Page 34 Item 2. -3- Section 2. That there is hereby appropriated from new revenue or other funds from the MMOF grant in the Capital Projects Fund the sum of FIVE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED SIXTY-NINE DOLLARS ($554,569) to be expended in the Capital Projects Fund for the Project. Section 3. That there is hereby appropriated from new revenue or other funds from the CRP grant in the Capital Projects Fund the sum of ONE HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED THIRTY-ONE DOLLARS ($195,431) to be expended in the Capital Projects Fund for the Project. Section 4. That the appropriation herein from the MMOF grant is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not la pse at the end of this fiscal year but shall continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from the grant. Section 5. That the appropriation herein from the CRP grant is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but shall continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from the grant. Section 6. That the appropriations herein for the Project are hereby designated, as authorized in Article V, Section 11 of the City Charter, as appropriations that shall not lapse at the end of this fiscal year but shall continue until the completion of the Project. Introduced, considered favorably on first reading and ordered published this 20th day of June, 2023, and to be presented for final passage on the 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Passed and adopted on final reading this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 35 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Randy Reuscher, Utilities Lead Rate Analyst Lance Smith, Utilities Director of Financed, Planning and Analysis Cyril Vidergar Legal SUBJECT Second Reading of Ordinance No. 089, 2023, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 20, 2023, is related to electric capacity fees imposed for the construction of new or modified electric service to add a 200-amp service option for multi-family developments. This additional service option will not impact existing customers or developments; rather, it will provide an alternative sizing option to the existing 150-amp multi-family service in Code today. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. BACKGROUND / DISCUSSION Electric Capacity Fees The current proposal is to add a 200-amp electric capacity fee sizing option for multi-family developments who request a larger panel than the typical 150-amp electric service option described in Code today. Electric Capacity Fees (ECF) are one-time charges for new development or re-development projects. Development fees are the mechanism for Utilities to recover the impact of adding new demand to the services Utilities provides, including electric, water, wastewater, and stormwater. These fees recover costs for infrastructure already in place to serve new customers based on the “buy-in” approach, where customers pay according to new demands they will put on the system. Recent Code changes to ECFs approved in Ordinance No.131, 2022, eliminated electric heat categories, applied a standard 200-amp sizing value for detached and attached single-family dwellings, and reduced the previously rarely requested 200-amp multi-family dwelling size option to a standard 150-amp sizing value. Since the adoption of Ordinance No. 131, 2022, staff has identified a renewed demand for multi-family 200- amp services, though historically this was an infrequent service request for multi-family projects. Staff Page 36 Item 3. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 proposes setting the applicable one-time charge for the multi-family 200-amp ECFs at $2,286 per dwelling unit, the same amount as the existing fee for detached and attached single-family dwellings as both service levels present the same demands on the electric distribution system. Staff will gather data on future multi-family developments constructed with 200-amp service to understand demands on the electric distribution system more thoroughly. Adjustments to the fees for this service level in future years may be necessary once additional data is available and analyzed. CITY FINANCIAL IMPACTS Electric capacity fees are based on varying demands for electric services requested and align to cost recovery methods for providing such service. Since this Code change is a response to new requests for this larger panel sizing, the overall financial impact will largely be dependent on the number and size of requests received. The intent of the ECF is to minimize the impact to existing ratepayers from new development, which this update will accomplish for the benefit of existing ratepayers. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Staff provided a memo to the Energy Board and was available for discussion and feedback at its June 8, 2023, regular meeting regarding the proposal to add a 200-amp multi-family service size back into Code. PUBLIC OUTREACH The electric outside city limit postcard was mailed the first week of June and a notice was posted in the Coloradoan on June 11, 2023, at least 30 days before the scheduled Second Reading of the Ordinance. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 37 Item 3. -1- ORDINANCE NO. 089, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CALCULATION AND COLLECTION OF DEVELOPMENT FEES IMPOSED FOR THE CONSTRUCTION OF NEW OR MODIFIED ELECTRIC SERVICE CONNECTIONS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, pursuant to City Code Sections 26-473 through 26-475, the City imposes development fees for new or modified electric service connections, including an Electric Capacity Fee (“ECF”) and a Building Site Charge (“BSC”); and WHEREAS, the ECF is a one-time charge designed to recover the initial cost of adding new development to the electric system, and the BSC is designed to reco ver actual time and material costs associated with building onsite electric facilities at the specific development; and WHEREAS, the ECF and BSC together represent the total electric plant investment fee (PIF) for new development; and WHEREAS, Fort Collins Utilities staff uses an approved cost allocation methodology to calculate ECF and BSC to assign costs based on actual system value, i.e., the “buy-in” approach also used to calculate service connection fees for water and wastewater services; and WHEREAS, Utilities staff recently identified a need to clarify in the City Code the ECF applicable to multi-family developments requiring two-hundred-amp service connections; and WHEREAS, the Energy Board considered the proposed 2023 multi-family ECF clarification in a meeting on June 8, 2023, and provided feedback to Utilities staff; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to update the values and costs applied in calculating ECF for new or modified multi-family two-hundred-amp electric service connections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Subsection 26-474(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Page 38 Item 3. -2- Sec. 26-474. - Residential electric development fees and charges. . . . (b) The ECF shall be the total of the dwelling unit charge and systems modification charge, to be determined as follows: . . . (2) The dwelling unit charge shall be as follows: a. Charge for a detached or attached single-family or multi-family panel size with two hundred (200) amp service $2,286 . . . . . . Section 3. That the modifications set forth above shall be effective for all fees paid on or after August 1, 2023. Introduced, considered favorably on first reading and ordered published this 20th day of June, 2023, and to be presented for final passage on the 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Passed and adopted on final reading this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 39 Item 3. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Clay Frickey, Interim Planning Manager Katelyn Puga, City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 090, 2023, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 20, 2023, extends the authorization for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization expired on June 1, 2023. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed by December 2023. This is the final request for an extension of authorization. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION On May 31, 2023, T-Mobile submitted a formal request to the City requesting a third extension of Ordinance No. 167, 2021, to continue the maintenance and operation of a temporary cell-on-wheels (COW) located at 1800 East Harmony Road. The original ordinance placed the expiration of the temporary authorization on June 7, 2022. At the time of Second Reading on December 21, 2021, this aligned with the projected approval timeline for T-Mobile’s proposed permanent facility at 4518 Innovation Drive. A hearing for that permanent facility was held on January 24, 2023, with the Hearing Officer’s determination being released on February 4, 2023. A decision of approval with two conditions was made. Those conditions were that (1) a fall zone letter be provided by the applicant, and (2) the facility be redesigned from an unconcealed monopole to a concealed monopine. No appeal was filed against the decision within the required 14-day timeframe, and the decision was made final on February 18, 2023. T-Mobile submitted Final Development Plan (FDP) documentation to the City on March 23, 2023, and the project was deemed complete and routed for staff review on April 1, 2023. At the time of that routing, it was estimated that final approval would be granted within 10 weeks at which point T-Mobile will be allowed to file for building permits and begin construction. Page 40 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 Due to the conditions of approval, the time needed for the redesign, and the time needed for final construction after final plan approval, T-Mobile is requesting that the current authorization for the COW be extended past June 1, 2023, as it is no longer feasible for the facility to be constructed by the June 2023 deadline as originally anticipated. This is the third extension request for the T-Mobile COW site. The previous extension requests were approved by Council based on the same reasoning. Since the latest extension request expired on June 1, 2023, a zoning violation will be issued for the T- Mobile COW site to notify T-Mobile that they are out of compliance with the Land Use Code and will need to remove the COW unless Council grants the extension request. Granting the extension will allow the site to operate under compliance through the end of December 1, 2023. Staff is supportive of the request due to T-Mobile’s diligent and timely pursuit of final plan approval. To date, no public comments or complaints have been received regarding the temporary facility. Staff recommends that Council not grant further extensions beyond December 1, 2023, because the current requested extension should provide ample time for completion of the permanent facility. CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH A mailed notice regarding the proposal and Council date to review the Ordinance will be sent to all property owners of record with 800 feet of the site. That notice was mailed on June 5, 2023, two weeks before Council Regular Session on June 20, 2023. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 41 Item 4. -1- ORDINANCE NO. 090, 2023 OF THE COUNCIL OF THE CITY OF FORT C OLLINS AUTHORIZING AN EXTENSION OF THE TEMPORARY EXCEPTION TO THE LAND USE CODE TO ALLOW T-MOBILE TO PLACE A TEMPORARY WIRELESS TELECOMMUNICATION FACILITY AT 1800 EAST HARMONY ROAD TO REPLACE LOST WIRELESS SERVICE COVERAGE WHEREAS, T-Mobile maintains a network of wireless telecommunication facilities and equipment within the City to provide wireless service; and WHEREAS, on May 14, 2021, T-Mobile was required to remove certain wireless equipment from the Platte River Power Authority infrastructure which resulted in a loss of T- Mobile wireless service coverage in a portion of south Fort Collins and deprived T -Mobile users in that area of an important means of communication and access to information; and WHEREAS, to allow for wireless service in the affected area until T -Mobile could construct a permanent wireless facility at 4518 Innovation Drive, City Council adopted Ordinance No. 167, 2021, on December 21, 2021, authorizing a temporary exception to the Land Use Code to allow T-Mobile to place a temporary wireless telecommunication facility, commonly known as a cell-on-wheels or COW, at 1800 East Harmony Road through the end of March 31, 2022, with monthly extensions granted by the Director of Community Development and Neighborhood Services through June 7, 2022; and WHEREAS, due to unanticipated delays, Council adopted Ordinance No. 055, 2022, to allow the COW to remain at 1800 East Harmony Road through the end of December 1, 2022; and WHEREAS, due to additional unanticipated delays, Council adopted Ordinance No. 124, 2022, to allow the COW to remain at 1800 East Harmony Road through the end of June 1, 2023; and WHEREAS, despite T-Mobile diligently pursuing development approval and construction of the permanent facility, further delays have caused T-Mobile to request that Council allow the COW to remain at 1800 East Harmony Road through the end of November 30, 2023; and WHEREAS, the City has received no complaints nor experienced any issues regarding T- Mobile's COW at 1800 East Harmony Road and City staff supports the extension request due to T-Mobile's diligent efforts to construct the permanent facility; and WHEREAS, City staff recommends that the authorization for the COW be extended through the end of December 1, 2023, to allow sufficient time for construction of the permanent facility; and Page 42 Item 4. -2- WHEREAS, the Land Use Code does not allow the placement of temporary wireless facilities such as COWs and in order for T-Mobile to do so, City Council must grant an exception to the Land Use Code; and WHEREAS, City Council finds that authorizing an extension of the COW at 1800 East Harmony Road through the end of December 1, 2023, in order to temporarily replace the lost service coverage, and no more, subject to revocation at Council's will, is in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council extends the authorization for T-Mobile to temporarily maintain the COW with the same terms and requirements set forth in Ordinance No. 055, 2022, through the end of December 1, 2023. Introduced, considered favorably on first reading and ordered published this 20th day of June, 2023, and to be presented for final passage on the 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Passed and adopted on final reading this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 43 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Paul Sizemore, Director, Community Development & Neighborhood Services Maren Bzdek, Manager, Historic Preservation Services Jim Bertolini, Senior Historic Preservation Planner Heather N. Jarvis, Legal SUBJECT Second Reading of Ordinance No. 091, 2023, Amending the Boundary of the Fort Collins Historic Landmark at 401 Smith Street, the Loomis-Jones Property, Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 20th, 2023, approves the property owners of 401 Smith Street, a City landmark designated in 2008, to seek a modification to the landmark boundary as listed in the designation ordinance to allow for subdivision of the property and construction of an additional home. After review and consideration of the proposal, the Historic Preservation Commission recommended approval of the boundary change at their April 19, 2023, hearing. Municipal Code 14-35 requires Council action within seventy-five days of this recommendation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Council designated the Loomis-Jones House at 401 Smith Street (ordinance attached) as a City Landmark on December 2, 2008, under City Landmark Standards 1 - Events/Trends and 3 - Design/Construction. Under Standard 1, the property was considered significant as one of the oldest frame residences in Fort Collins (with a construction year of 1872) and for likely association with Abner Loomis, an important and influential early resident, developer, and business owner in Fort Collins. Under Standard 3, the property was considered important as a rare surviving example of the “Vernacular Architectural Style of the late 19th and early 20th centuries.” To add to that generic description, the property appears to be a Cross Wing- type house with more generic Victorian detailing, and it is possible that it was originally built as a Temple Form without its side (south) addition.1 The proposed project would re-subdivide the property currently addressed as 401 Smith Street into separate parcels addressed as 401 and 405 Smith Street and create a new subdivision with a third lot and parcel at its northeast corner, largely comprising the rear half of the 401 Smith Street property. The primary 1 Utah State Division of History, Utah’s Historic Architecture Guide, 2018, https://issuu.com/utah10/docs/architectural_guide_booklet, pp20-23. Page 44 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 purpose of the subdivision is to allow a third lot with enough size to accommodate a new, detached, single- family dwelling. Notes have been added to the proposed subdivision plat detailing historic preservation requirements regarding setbacks and height for the new lot, and the height restrictions have been included as a clause in the Ordinance for adoption to change the boundary. CITY FINANCIAL IMPACTS Historic Preservation staff does not have any records of any historic preservation loans or grants made based on the originally designated property. Therefore, no amendments are needed to any grant or loan agreements. Additionally, the current owners acquired the property on February 13, 2023, and a requirement of the transfer of ownership would have been to satisfy any liens, had here been any, at or before the time of transfer. BOARD / COMMISSION / COMMITTEE RECOMMENDATION At their April 19, 2023, regular meeting the Historic Preservation Commission (HPC) determined that amending the landmark designation would support the City’s historic preservation policies in Municipal Code 14-1 and purposes in 14-2 and would not result in a negative effect to the historic property based on its significance, period of significance, and character-defining features. HPC members inquired about the nature of possible new construction, but noting the requirements that would be recorded on the subdivision plat regarding height of construction on the new Lot 3, there was consensus that the rear of the lot was not critical to conveying the Loomis-Jones House’s historic significance, and that the presence of a new single- family residence in that location would not have an adverse effect on the landmark. The HPC adopted a resolution (7-0, 1 absent, 1 vacancy) recommending Council adopt an ordinance modifying the landmark boundary to accommodate the subdivision. PUBLIC OUTREACH Public outreach included the Historic Preservation Commission meeting on April 19, 2023, which was properly noticed, including posting of a sign at the property. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 45 Item 5. -1- ORDINANCE NO. 091, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE BOUNDARY OF THE FORT COLLINS HISTORIC LANDMARK AT 401 SMITH STREET, THE LOOMIS-JONES PROPERTY, PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, it is a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects, and districts of historic, architectural, archeological, 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 WHEREAS, it is the policy of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historic, architectural, archeological and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets; and WHEREAS, the Loomis-Jones Property, located at 401 Smith Street in Fort Collins (the Property) was designated as a Fort Collins landmark by Ordinance No. 136, 2008, adopted on December 2, 2008, for the Property’s significance to Fort Collins under Standards 1 – Events/Trends and 3 – Design/Construction, contained in Municipal Code Section 14-22(a); and WHEREAS, the Property owners have requested an amendment to the existing designation, specifically a modification to the boundary to exclude all but the eastern 108 feet of the lot, upon which the historic property is situated; and WHEREAS, on April 19, 2023, the Historic Preservation Commission determined that the amendment to the Property’s landmark boundary is consistent with the City’s Policies in Municipal Code 14-1 and Purposes in Municipal Code 14-2 and would not result in adverse effects to the Property provided any structure constructed on the portion of the Property removed from the original landmark designation boundary by this Ordinance is twenty-six feet or less in height; and WHEREAS, City Historic Preservation staff do not have any records of any historic preservation loans or grants made based on the originally designated property; the current owners acquired the property on February 13, 2023, which transfer of ownership would have required satisfaction of any City historic preservation liens, and so no amendments are needed to any grant or loan agreements as a result of this boundary change; and WHEREAS, the amendment of the landmark designation boundary will continue to further the City’s prosperity, civic pride, and general welfare fostered by historic preservation and is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Page 46 Item 5. -2- Section 2. That the boundary of the landmark Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: NORTH 53 FEET OF LOT 4, BLOCK 164, CITY OF FORT COLLINS ALSO KNOWN BY STREET AND NUMBER AS 401 SMITH STREET CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be amended to read as follows: NORTH 53 FEET & E 108 FEET OF LOT 4, BLOCK 164, CITY OF FORT COLLINS ALSO KNOWN BY STREET AND NUMBER AS 401 SMITH STREET CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Section 3. That the criteria contained in Chapter 14, Article IV of the City Code will continue to serve as the standards by which alterations, additions and other changes to buildings and structures located upon the above-described Property will be reviewed. Section 4. That any subdivision plat that includes land that was included in the original landmark designation but by this Ordinance would no longer lie within the Property’s landmark boundary, anticipated to be addressed off Magnolia Street, shall include a requirement for any structure built on the lot not to exceed a height of twenty-six feet. Section 5. That in compliance with Section 14-36 of the City Code, the City shall, within fifteen days of the effective date of this Ordinance, record among the real estate records of the Larimer County Clerk and Recorder a certified copy of this Ordinance designating the property. Introduced, considered favorably on first reading and ordered published this 20th day of June, 2023, and to be presented for final passage on the 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 47 Item 5. -3- Passed and adopted on final reading this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 48 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Paul Sizemore, Director, Community Development & Neighborhood Services Maren Bzdek, Manager, Historic Preservation Services Yani Jones, Historic Preservation Planner Heather N. Jarvis, Legal SUBJECT Second Reading of Ordinance No. 092, 2023, Designating the Alexander and Emma Barry Farm Property, 232 East Vine Drive, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 20, 2023, is requesting a City Landmark designation for the Alexander and Emma Barry Farm Property at 232 East Vine Drive. In cooperation with the property owner, City staff and the Historic Preservation Commission (HPC) have determined the property to be eligible for designation under Standards 1, Events, 2, Persons/Groups, and 3, Design/Construction. Under Standard 1, the property is associated with the early settlement era of Fort Collins history, from the systematic removal of Native Americans for Anglo western land acquisition to the agricultural district that once existed just north of the historic core. Under Standard 2, this property is associated with early Anglo settlers and prominent farmers Alexander and Emma Barry, with acknowledgement of Native American occupation of the area before Anglo settlers. Under Standard 3, the farmhouse on this property is a good and rare example of an early farmhouse in this area and features Gothic Revival design elements. The owner is requesting designation, which will provide protection of the property's exterior and access to financial incentives for historic property owners. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Alexander and Emma Barry purchased a 40-acre parcel including 232 East Vine Drive in 1875. Before they started their farm on this land, it was owned by several other farmers and ranchers, starting with the owner of the original land patent, Oliver S. Glenn. Glenn acquired the land containing 232 East Vine Drive through a Military Bounty Land Patent, which was one of several types of land patents provided by the Federal Government to encourage settlement of lands in the western United States by offering lands at little or no costs. This system of land acquisition was predicated on the forced removal of Native American groups, including the Ute, Cheyenne, Arapaho, and others, who occupied and used the land in the Fort Collins area. Page 49 Item 6. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 The Barry family built their farmhouse and other non-extant farm structures soon after purchasing the area containing 232 East Vine Drive. Their success as farmers allowed them to expand their acreage by buying the land immediately adjacent to this property, and also additional holdings near Windsor and in Wyoming. Alexander served as the president of the Larimer County Farmers’ Alliance in the 1890s, and the Barry family was further recognized by their contemporaries by being the namesake of “Barry’s Grove,” a stand of trees on the north bank of the Poudre River just north of Old Town where community picnics and celebrations were held. Barry’s Grove retained the Barry name even after Alexander and Emma sold their farm property to the sugar factory in 1902. The farmhouse on this property, built for Alexander and Emma Barry in 1880, is one of the oldest farmhouses still standing near the historic core of the City. Additionally, it is a rare example of late Victorian architecture in this area. The farmhouse exhibits elements of early Gothic Revival-style cottages, such as its symmetrical façade with chimneys at either end, side-gabled roof, steeply pitched central gable with wall surface extending into the gable without a break, and windows also extending into the gable. Its distinctive wood windows with arched lintels and stone sills also contribute to its character. The Alexander and Emma Barry Farm Property retains a preponderance of all seven aspects of integrity to convey its significance under Standards 1, 2, and 3. The farmhouse, specifically, contributes to the significance of the property through its historical and architectural associations. The shop building is not a contributing historic resource on this property because of its likely construction date outside of the period of significance for the property (1867-1902) and exterior alterations that negatively impacted the integrity of the building. CITY FINANCIAL IMPACTS Designation as a Fort Collins Landmark qualifies property owners for certain financial incentives funded by the City, as well as allows private property owners to leverage state tax incentives for repairs and modifications that meet national preservation standards. These include a 0% interest revolving loan program and Design Assistance mini-grant program through the City and the Colorado State Historic Tax Credits. BOARD / COMMISSION / COMMITTEE RECOMMENDATION At its May 17, 2023, regular meeting, the Historic Preservation Commission adopted a motion on (6-0, 2 absent, 1 vacancy) to recommend that Council designate the Alexander and Emma Barry Property as a Fort Collins Landmark in accordance with City Code Chapter 14, based on the property’s significance under Standards 1 - Events, 2 - Persons/Groups, and 3 - Design/Construction, and its integrity under all seven aspects: location, design, setting, materials, workmanship, feeling, and association. The HPC further recommends that designation of the property will advance the policies and purposes of City Code Chapter 14 set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify the designation. PUBLIC OUTREACH Because this Landmark nomination was owner-initiated, public outreach or notice described under Municipal Code Sec. 14-34 was not required. Outreach was limited to the property owner, Rocky Mountain Innovation Initiative, Inc., dba Innosphere Ventures, and included discussions with the owner of the eligibility of the property for designation, financial incentives for preservation, design review obligations for future exterior alterations, and the designation process in general. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 50 Item 6. -1- ORDINANCE NO. 092, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE ALEXANDER AND EMMA BARRY FARM PROPERTY, 232 EAST VINE DRIVE, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement, and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on May 17, 2023, the Historic Preservation Commission (the “Commission”) determined that the Alexander and Emma Barry Farm Property, 232 East Vine Drive, in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, under Standards 1 - Events, 2 - Persons/Groups, and 3 - Design/Construction, contained in City Code Section14-22(a)(3); and WHEREAS, the Commission’s resolution includes findings under Standards 1, 2, and 3 that specifically the Property is eligible for its association with the early settlement era of Fort Collins history, from the systematic removal of Native American for Anglo western land acquisition, to the agricultural district that once existed just north of the historic city core; for its association with early Euro-American settlers and prominent farmers Alexander and Emma Barry; and for the farmhouse on this property, which is a striking and rare example of a Victorian farmhouse near the historic core of the city and features distinctive Gothic Revival architectural influences; and WHEREAS, the Commission determined eligibility also because the property has historic integrity of Location, Setting, Design, Materials, Workmanship, Feeling, and Association under City Code Section 14-22(b)(1-7); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14 -1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owner of the Property nominated the Property, has consented to landmark designation, and desires to protect the Property; and WHEREAS, landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow the Commission’s recommendation and designate the Property as a landmark; and Page 51 Item 6. -2- WHEREAS, designation of the Property as a landmark will contribute to the prosperity, civic pride, and welfare of the public, and is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: BEG 932.03 FT E OF SW COR 1-7-69, TH N 248.91 FT TO S BANK OF LAKE CANAL DITCH; TH S 85 18' E 176.81 FT; TH N 0 40' E 33.78 FT; TH S 84 33' 45" E 72.18 FT; TH S 85 06' E 255.24 FT; TH S 88 25' E 259.25 FT; S 47.18 FT M/L; TH N 88 53' W 72.3 FT M/L; TH S 01 25' E TO S LN OF SEC; TH W TPOB SUBJ TO 25 FT FOR RD R/W ALG S LN LESS 91018957; ALSO PR SW 1/4 1-7-69 DESC AS BEG AT PT ON S LN SD SEC 1 WH BEARS N 89 59' E 912.03 FT FRM SW COR SD SEC; TH N 250.55 FT TO S BANK LAKE CANAL DITCH; TH ALG SD BANK S 85 18' E 20.06 FT; TH S 248.90 FT; TH S 89 59' W 20.FT M/L TPOB (SPLIT FROM 97013-00-037) ALSO KNOWN BY STREET AND NUMBER AS 232 E. VINE DR., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions, and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Section 4. That in compliance with Section 14-36 of the City Code, the City shall, within fifteen days of the effective date of this Ordinance, record among the real estate records of the Larimer County Clerk and Recorder a certified copy of this Ordinance designating the property. Page 52 Item 6. -3- Introduced, considered favorably on first reading and ordered published this 20th day of June, 2023, and to be presented for final passage on the 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Passed and adopted on final reading this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 53 Item 6. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Director John Duval, Legal SUBJECT First Reading of Ordinance No. 093, 2023, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received Through City Give for Various Programs and Services as Designated by the Donors. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of $56,974 in philanthropic revenue received through City Give in 2022 and 2023. These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City’s strategic priorities and as per the respective donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non- partisan governance structure for the acceptance and appropriations of charitable gifts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has long been the beneficiary of local generosity and has a valuable role in our community’s philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for its investment in the mission and the range of services the City strives to deliver. In 2022, the City received several individual philanthropic donations supporting various departments totaling $9,775. In 2023, the City received several other individual donations totaling $47,199. All of these funds are currently unappropriated. As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-Revenue approved by Council, the City Manager has adopted the City Give Financial Governance Policy to provide for the responsible and efficient management of charitable donations to the City. These generous donations have been directed by the respective donors to be used by the City for designated uses within and for the benefit of City service areas and programs as each donation is described in the exhibit to the ordinance. Page 54 Item 7. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS This Ordinance will appropriate $56,974 in philanthropic revenue received through City Give for gifts to various City departments support a variety of programs and services. The funds have been received and accepted per City Give Administrative and Financial Policy. The City Manager has also determined that these appropriations are available and previously unappropriated from their respective funds and will not cause the total amount appropriated in these funds to exceed the current estimate of actual and anticipated revenues and all other funds to be received in those funds during fiscal year 2023. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Ordinance for Consideration 2. Exhibit A to Ordinance Page 55 Item 7. -1- ORDINANCE NO. 093, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE FROM PHILANTHROPIC DONATIONS RECEIVED THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND SERVICES AS DESIGNATED BY THE DONORS WHEREAS, in 2022, the City received several individual philanthropic donations to be used for the City’s Gardens on Spring Creek, $5,000 from one donor and several smaller donations from various donors totaling $4,775, which funds have not been previously appropriated; and WHEREAS, in 2023, the City received several other individual donations to be use for various City programs, several of which are individual donations of $5,000 or less each and three of which are each $5,000 or more up to $20,000, which funds have not been previously appropriated and these eight donations total $47,199; and WHEREAS, the donors have directed these donations to be used by the City for certain designated uses within and for the benefit of certain City service areas as each donation is described in Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, as acknowledged by Section 2.5 for the City’s Fiscal Management Policy 2 - Revenue approved by City Council, the City Manager has adopted the City Gi ve Financial Governance Policy to provide for the responsible and efficient management of charitable donations to the City (the “City Give Policy”); and WHEREAS, Section 52.2.C. of the City Give Policy authorizes the City Give Director to accept donations of $5,000 or less for the City service area intended by the donor to be benefited and Section 52.2.D. of the City Give Policy similarly authorizes the City Manager to accept donations of more than $5,000 up to $100,000; and WHEREAS, as so authorized, the City Give Director and City Manager have accepted for the benefited City service areas, as applicable, the donations to be appropriated in this Ordinance to be used as directed by each donor as described in Exhibit “A”; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the Cit y Council, upon the recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and Page 56 Item 7. -2- WHEREAS, the City Manager has recommended the appropriations described in Sections 2 and 3 of this Ordinance and determined that the amount of each of these appropriations is available and previously unappropriated from the funds named in Sections 2 and 3 and will not cause the total amount appropriated in each such fund to exceed the current estimate of actual and anticipated revenues to be received in those funds during this fiscal year; and WHEREAS, these appropriations will serve the public purpose of providing additional revenue to each of the benefited service areas to aid them in accomplishing the public purposes for which each service area is established thereby benefiting the public’s health, safety and welfare; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds from a private grant or donation, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the private grant or donation or the City’s expenditure of all funds received from such grant or donation; and WHEREAS, the City Council wishes to designate the appropriations herein for various City Give donations as appropriations that shall not lapse until the earlier of the expiration of the donations or the City’s expenditure of all funds received from such or donations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from the prior year reserves in the Cultural Services and Facilities Fund the $5,000 individual donation dated December 8, 2022, and the $4,775 miscellaneous donations dated June 28, 2022, all to be expended for the Gardens on Spring Creek, as each of these donations is shown in Exhibit “A”. Cultural Services and Facilities Fund $ 9,775 Section 3. That there is hereby appropriated from the following funds these amounts of philanthropic revenue received in 2023 to be expended as designated by the donors in support of the various City programs and services as described in Exhibit “A”: General Fund $ 9,500 Cultural Services and Facilities Fund $ 37,558 Golf Fund $ 141 Page 57 Item 7. -3- Section 4. That the appropriations herein for various City Give donations are hereby designated, as authorized in Article V, Section 11 of the City Charter, as appropriations that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the expiration of the donations or the City’s expenditure of all funds received from such donations. Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 58 Item 7. City Give 215 N Mason Street , 2nd Floor Fort Collins, CO 80524 970.221.6687 nbodenhamer@fcgov.com fcgov.com EXHIBIT A TO ORDINANCE NO. 093, 2023 6/22/2023 $500.00 Books and Badges, FCPS Timberline Church 5/12/2023 $2,500.00 Open Streets, CDNS Bohemian Foundation 5/26/2023 $2,000.00 Open Streets, CDNS Poudre Pet and Feed 6/28/2023 $4,500.00 Rainbow Swim, Recreation Frist United Methodist 4/24/2023 $5,250.00 The Gardens on Spring Creek Friends of the Gardens 6/24/2023 $10,208.00 The Gardens on Spring Creek Friends of the Gardens 6/26/2023 $2,100.00 The Gardens on Spring Creek Emilia Parker, Sally Nelson 6/28/2023 $20,000.00 The Gardens on Spring Creek UC Health 12/8/2022 $5,000.00 The Gardens on Spring Creek PG Environmental 6/28/2022 $4,775.00 The Gardens on Spring Creek Miscellaneous Donors 6/27/2023 $141.00 Youth Golf Scholarship Fund Miscellaneous Donors, City Park Nine Page 59 Item 7. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Director Aaron Guin, Legal SUBJECT First Reading of Ordinance No. 094, 2023, Appropriating Philanthropic Revenue in the General Fund Through City Give for Neighborhood Services for Community Workshops and the Creation and Distribution of a Neighborhood Business Guide. EXECUTIVE SUMMARY The purpose of this item is to appropriate $20,000 in philanthropic revenue for Neighborhood Services within the Community Development and Neighborhood Services Department of the Planning and Transportation services area. Neighborhood Services has been awarded a gift of $20,000 through the 2023 American Association of Retired Persons (AARP) Community Challenge with the designated intent to support healthy outcomes for residents’ homes and personal wellbeing through three one-day Homeowner Workshops, each at a different mobile home community in the City, including Skyline, North College and Hickory Village. The gift funds also will be used to create and distribute a neighborhood business guide to residents. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, from a Neighborhood Grant Program to free and confidential conflict resolution services. AARP is the Nation’s largest nonprofit, nonpartisan organization dedicated to empowering people to choose how they live as they age. AARP works to strengthen communities and advocate for what matters most to families—with a focus on health security, financial stability, and personal fulfillment. The 2023 AARP Community Challenge received 3,560 Challenge applications nationwide, and the City was selected as a recipient of a $20,000 award. The gift from AARP will offer three one-day workshops to 696 households where residents will build their Do-It-Yourself (DIY) home repair skills to better maintain their homes. Members of households who are unable to attend the event still will receive informational materials and access to City and partner resources. In addition, a neighborhood business guide will be created and distributed to encourage these residents to shop locally and bolster home-based businesses, many of which are run by individuals age 50+. The events Page 60 Item 8. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 will involve two dozen volunteers and follow-up assistance through the City’s existing Adopt-A-Neighbor program. The City Manager recommends the appropriation described herein and has determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in the General Fund during this fiscal year. The City Manager also recommends the appropriation described herein, determining that the purpose for which the appropriated funds are to be expended remains unchanged. CITY FINANCIAL IMPACTS This Ordinance will appropriate $20,000 in philanthropic revenue for Neighborhood Services within the Community Development and Neighborhood Services Department in the Planning, Development and Transportation services area. The funds have been received and accepted per City Give Administrative and Financial Policy. All funds will be spent in the General Fund. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Ordinance for Consideration Page 61 Item 8. -1- ORDINANCE NO. 094, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE IN THE GENERAL FUND THROUGH CITY GIVE FOR NEIGHBORHOOD SERVICES FOR COMMUNITY WORKSHOPS AND THE CREATION AND DISTRIBUTION OF A NEIGHBORHOOD BUSINESS GUIDE WHEREAS, Neighborhood Services is a program within the Community Development and Neighborhood Services Department in the Planning, Development, and Transportation service area of the City; and WHEREAS, Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, from a Neighborhood Grant Program that assists financially with large projects or events, to free and confidential conflict resolution services; and WHEREAS, the American Association of Retired Persons (AARP) is the Nation’s largest nonprofit, nonpartisan organization dedicated to empowering people to choose how they live as they age; and WHEREAS, AARP works to strengthen communities and advocate for what matters most to families, with a focus on health security, financial stability, and personal fulfillment; and WHEREAS, the City’s Neighborhood Services program was awarded a gift of $20,000 through the 2023 AARP Community Challenge, with the designated intent to support healthy outcomes for residents’ homes and personal wellbeing through Homeowner Workshops to take place at different mobile home parks in the City, including Skyline, North College and Hickory Village; and WHEREAS, the gift from AARP will allow Neighborhood Services to present three one- day workshops to 696 households where residents will improve their do-it-yourself home repair skills to better maintain their homes; and WHEREAS, the gift also will support the creation and distribution of a neighborhood business guide to encourage these residents to shop locally and bolster home-based businesses, many of which are operated by individuals over the age of fifty years; and WHEREAS, the events will involve two dozen volunteers and follow-up assistance through the Neighborhood Services’ existing Adopt-A-Neighbor program; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of educating the public and supporting local businesses; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in Page 62 Item 8. -2- combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from new philanthropic revenue in the General Fund the sum of TWENTY THOUSAND DOLLARS ($20,000) to be expended in the General Fund by the Community Development and Neighborhood Services Department for hosting three one-day workshops to help residents develop do-it-yourself home repair skills and the creation and distribution of a neighborhood business guide. Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 63 Item 8. City Council Agenda Item Summary – City of Fort Collins Page 1 of 4 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Sue Beck-Ferkiss, Social Sustainability Ted Hewitt, Legal SUBJECT First Reading of Ordinance No. 095, 2023, Authorizing Expenditure of American Rescue Plan Act Funds for Affordable Housing Fee Credits as Specified. EXECUTIVE SUMMARY The purpose of this item is to provide previously appropriated American Rescue Plan Act (ARPA) funding for 5 units targeting forty percent (40%) Area Median Income (AMI) households at the Heartside Hill development. Council already appropriated $350,000 of ARPA funding for affordable housing fee credits, and this funding must be fully committed by 2024. Affordable housing fee credits have been approved administratively for 20 units serving households at thirty percent (30%) AMI or below, including 8 units at Heartside Hill. There are no additional thirty percent (30%) AMI units expected before the ARPA deadline to commit funds in 2024. Though fee credits for units up to sixty-five percent (65%) AMI are a presumptive eligible use of ARPA funds, the City’s fee credit policy as codified in City Code Article VIII, Section 7.5 requires Council approval for fee credits for any units serving income ranges above thirty percent (30%) AMI. This Council action would ensure that the remaining appropriated funds are used for their intended purpose as affordable housing fee credits. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION History on Fee Credits: Historically, the City has provided financial subsidy and forgone certain development fees to incentivize the development of affordable housing. Fee waivers have been one of the consistent incentives available to developers of affordable housing in the City. Before 2013, most development fees for affordable housing were traditionally waived, especially for the Fort Collins Housing Authority (FCHA). In March of 2013 after a large fee waiver was granted to a project that was being developed primarily by CARE Housing, with the FCHA having only a small interest, Council amended its policies on fee waivers for affordable housing to allow more discretion in determining the kinds of projects for which City fees should be waived. This greatly limited the instances where fee waivers were provided. This change limited waiver eligibility to only the housing authority and then only for projects constructed for: • Persons Experiencing Homelessness (PEH); or • People With Disabilities (PWD); or Page 64 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 2 of 4 • Households whose income is no greater than thirty percent (30%) of the area median income (AMI) of all City residents. Furthermore, waivers of only certain fees (City Development Review Fees, Building Permit Fees, and City Capital Expansion Fees) were to be granted at the discretion of Council upon a determination that the proposed waiver will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which waiver is sought. This recognized the difficulty of proving housing with rents affordable to these demographics while balancing the financial impacts of fee waivers to the City. In 2017, Council expanded the availability of this limited incentive to all developers of units targeting the above referenced demographics. Lastly, the City had a practice of requiring some department fees to be reimbursed with General Fund Reserves or funds from the Affordable Housing Capital Fund. Because the original process of calculating the sum of eligible fees and prorating the percentage of eligible units to determine the exact amount of each fee waiver request was labor intensive and administratively difficult, in 2020 Council established flat fee credits that replace the prior fee waivers available for units targeting the same demographics. These are set at $14,000 for new construction and $5,500 for adaptive reuse where some original fees will be credited to the project. These discretionary fee credits still required the requisite findings from Council for each request. In 2022, the policy was further amended to allow administrative processing without Council action for fee credits for qualifying units when funding had been appropriated for such purpose. Forecast of Eligible Units: Based on communications with affordable housing developers about known projects, there does not seem to be any qualified units (30% AMI, PWD or PEH) that will be ready to apply for fee credits in 2024. It is very hard to offer rents to serve thirty percent (30%) AMI households under current development conditions, in particular the rising costs of labor and construction materials and higher interest rates. It is not much easier to develop rentals affordable to the forty percent (40%) AMI target either. Higher rents can cover development and operating costs while lower rents are best subsidized on the front end to allow rents to go to on-going operations. Affordable rents targeting sixty percent (60%) AMI provide much more operating and maintenance revenue. For instance, under the new 2023 Colorado Housing and Finance Authority rent tables, a one-bedroom would as rent as follows: • 30% AMI = $639 • 40% AMI = $852 • 60% AMI = $1,278 While the City set the target for affordable housing fee credits at thirty percent (30%) AMI, it is notable that the American Rescue Plan Act (ARPA) sets the target at sixty-five percent (65%) AMI for presumptive eligibility. American Rescue Plan Act Funding: In 2022, a Budget for Outcomes Offer (BFO) was funded for affordable housing fee credits with Rescue Plan ARPA for $350,000. Since then, staff has administratively processed and approved requests for 20 units of new construction at 3 affordable housing communities: Northfield Commons (5 units), Village on Impala (7 units), and Heartside Hill (8 units). A total of $280,000 of the appropriated funding has been committed to date, leaving $70,000 available. The remaining funding amount could support 5 units of new construction with fee credits. ARPA funding may be used for affordable housing projects if the developments increase the supply of long - term affordable housing. Moreover, the development of units serving a maximum of sixty-five percent (65%) AMI, if legally restricted for at least 20 years, are a Presumptively Eligible Use of ARPA funding. Page 65 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 3 of 4 At the City, ARPA funding must be committed by 2024 and fully spent by 2026. The Recovery Team has asked whether the remaining balance could be used for fee credits by the end of 2024. If not, they would like to redirect these funds so they can be timely deployed. Heartside Hill Opportunity: The Heartside Hill development project is a unique development because it will include 3 types of affordable housing options. CARE Housing is the master developer and is responsible for constructing the community’s infrastructure as well as building Heartside Hill Apartments, an apartment building with 72 units. This community will also include for-sale affordable homes constructed by Fort Collins Habitat for Humanity and group homes for PWD developed by L’Arche Fort Collins (see Heartside Hill Location Map). Heartside Hill Apartments’ unit mix will include: • 8 Units at 30% AMI • 5 Units at 40% AMI • 8 Units at 50% AMI • 51 Units at 60% AMI While Heartside Hill Apartments received fee credits for the thirty percent (30%) AMI units they are developing, they have five, forty percent (40%) AMI units that could be supported by fee credits (see Request for Fee Credits). The timing of the financing of this project allows for an infusion of funds now and the project has had unanticipated unrelated costs as the master developer of the Heartside Hill overall project. The project needs to underground electric lines which will cost approximately $220,000. Providing additional fee credits helps to close this funding gap, is a permissible use of ARPA funds, and will commit the remaining balance for ARPA funded fee credits in a timely manner. This allows the remaining funds to be used for the intended purpose of providing fee credits in the allowable timeline and removes the risk of needing to redeploy the funding to another City program. The City’s Recovery Team supports providing ARPA funding to the forty percent (40%) units at Heartside Hill (see Letter of Support). Awarding fee credits to units that target forty percent (40%) AMI is a permissible use of ARPA funds, however, it requires Council approval because this target is not eligible for administrative processing under the current City Code language. Staff plans to bring a BFO offer for the 2025-2026 budget to replenish the fund for administrative fee credits. If a developer seeks fee credits for eligible units in 2024, the request would be subject to Council discretion and could not be processed administratively. CITY FINANCIAL IMPACTS ARPA funding has been budgeted for affordable housing fee credits. This would use the entire appropriated funds for the intended purpose in the allowable timeline. BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Affordable Housing Board supports the use of ARPA funding for the forty percent (40%) units at Heartside Hill and further recommends that staff investigate the feasibility of expanding the fee credit program in future budget cycles to provide subsidy up to forty percent (40% AMI) (see Draft Minutes, June 1, 1023 (Excerpt)). Page 66 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 4 of 4 PUBLIC OUTREACH This matter was discussed at the May 4, 2023, Affordable Housing Board meeting which was open to the public. ATTACHMENTS 1. Ordinance for Consideration 2. Heartside Hill Location Map 3. Request for Fee Credits Letter 4. Final Memorandum of Support 5. Affordable Housing Board Minutes, June 1, 2023 (Excerpt) Page 67 Item 9. -1- ORDINANCE NO. 095, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXPENDITURE OF AMERICAN RESCUE PLAN ACT FUNDS FOR AFFORDABLE HOUSING FEE CREDITS AS SPECIFIED WHEREAS, Section 7.5-102(b) of the City Code authorizes the expenditure of appropriated funds for affordable housing fee credits for households with annual income that does not exceed thirty percent (30%) of the area median income (“AMI”); and WHEREAS, in 2022, the City Council appropriated a Budget for Outcomes Offer of $350,000 from the City’s American Rescue Plan Act (“ARPA”) funding for affordable housing fee credits; and WHEREAS, affordable housing fee credits have been approved administratively for 20 units serving households at thirty percent (30%) AMI or below, obligating $280,000 of the $350,000 appropriation; and WHEREAS, the City’s ARPA funding must be obligated by December 31, 2024; and WHEREAS, there are no additional thirty percent (30%) AMI units expected to be developed before the ARPA deadline to obligate funds; and WHEREAS, the remaining $70,000 of the $350,000 appropriation could fund affordable housing fee credits for five units of new construction; and WHEREAS, authorizing the expenditure of the remaining $70,000 for affordable housing fee credits for households with annual income that does not exceed forty percent (40%) of AMI would ensure that the remaining appropriated funds are used for their intended purpose to support affordable housing within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, notwithstanding § 7.5-102(b) of the City Code, Seventy Thousand Dollars ($70,000) of the City Council’s 2022 appropriation of Three Hundred Fifty Thousand Dollars ($350,000) in American Rescue Plan Act funds for affordable housing fee credits may be used for affordable housing fee credits for households with annual income that does not exceed Forty Percent (40%) of the area median income. Page 68 Item 9. -2- Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 69 Item 9. Heartside Hill Apartments Loca�on Map Page 70 Item 9. Page 71 Item 9. Page 72 Item 9. DocuSign Envelope ID: E3EA2A47-C876-4F94-94FC-5C9DD2A4D98CPage 73Item 9. DocuSign Envelope ID: E3EA2A47-C876-4F94-94FC-5C9DD2A4D98CPage 74Item 9. AFFORDABLE HOUSING BOARD REGULAR MEETING 0 6 /01 /2023 – M I N U TE S Page 1 June 1, 2023, 4:00-6:00pm Colorado River Room, 222 Laporte Ave DRAFT CALL TO ORDER At 4:05 PM the meeting was called to order by John Singleton. 1. ROLL CALL Board Members Present: John Singleton, Bob Pawlikowski, Jennifer Bray (left in progress), Kristin Fritz, Stefanie Berganini Board Members Absent: Ed Hermsen, Sheila Seaver-Davis Staff Members Present: Sue Beck-Ferkiss, Staff Liaison – City of Fort Collins Brittany Depew, Social Sustainability – City of Fort Collins Meaghan Overton, Social Sustainability – City of Fort Collins Tamra Leavenworth, Minutes – City of Fort Collins Guests Present: Jan J. Jones Kevin Stearns Marilyn Heller EXCERPTED TO Fee Credit Discussion 2. NEW BUSINESS A. ARPA Fee Credit Options – Sue Beck-Ferkiss, Social Sustainability Sue Beck-Ferkiss led a discussion with the Board regarding support for seeking Council approval to provide additional fee credits to CARE Housing for the 40% area median income targeted (AMI) units in the Heartside Hill Apartments development. Sue explained that while the ARPA limit for fee credits is 65% AMI, the City policy limits fee credits to 30% AMI. However, it is increasingly difficult to offer rents to serve 30% AMI households under current conditions such as rising costs of labor and construction materials and higher interest rates. The Board discussed how this could also be an opportunity to discuss expanding AMI limits with Council. Kristin Fritz moved to seek Council approval for the request to utilize remaining ARPA funds for 40% AMI units at Heartside Hill and consider discussion to expand the City of Fort Collins local fee credit program to include 40% AMI units. Stefanie Berganini seconded. Approved 3-0. Bob Pawlikowski abstained. Page 75 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 1 of 5 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Lance Smith, Utilities Senior Director of Finance Gretchen Stanford, Utilities Deputy Director, Customer Connections Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 096, 2023, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of Vendor Services to Support the Replacement of the City’s Utilities Billing System. EXECUTIVE SUMMARY The purpose of this item is to consider an appropriation from the Light and Power, Water, Wastewater and Stormwater Enterprise Funds available reserves to implement a modern Utility Customer Information System – Customer Self Service Portal (CIS-CX) Solution. This appropriation request is the second, and final, request related to the new CIS-CX. In March 2023, Ordinance No. 036, 2023, appropriated $4,250,000 to begin the process of temporarily increasing staffing for the implementation while contract review and negotiations were being finalized. The City has now identified the Vendor of Choice, reviewed the functional requirements in detail with that vendor and negotiated terms of the contract sufficient to determine the amount of investment needed to successfully deploy a new CIS-CX. This appropriation request of $9,700,000 will provide the additional funding needed for all costs associated directly with the software deployment, software testing, training, and the organizational change management (OCM) associated with moving onto a modern CIS-CX. With this appropriation, the CIS-CX implementation will begin in October of this year and be fully operational by the end of 2025. The total amount being requested for appropriation here is $9,700,000 and is broken out as follows: Software as Service Implementation $3,250,000; Software Licensing through Implementation $2,400,000; Organizational Change Management (OCM) $1,500,000; Testing Protocol Development and Management $900,000; Training Development and Initial Training $900,000; and Business Process Analysis and Alignment $750,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Page 76 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 2 of 5 BACKGROUND / DISCUSSION Replacing Fort Collins Utilities 22-year-old billing system is essential to providing our customers the safest and the best customer experience to interact with their community owned utility. Our priority is to provide accurate billing, convenient billing solutions, comprehensive, real time customer data that enhances our customer’s understanding of how they use energy and water and how much it costs. Our goals are to: • Improve billing and operations functionality for existing utility services. • Enhance the customer self-service portal capability with single sign-on functionality. • Incorporate flexible user interfaces with process workflows that increase employee efficiency and billing accuracy. • Increase the City’s ability to manage complex rates such as net metering and time of use, and future rate structures. • Add a library of standard and user generated reports, including financials, customer transactions, key performance indicators and exceptions. In March the initial appropriation for $4,250,000 in funding to move ahead with the selection, implementation, and deployment of a modern Utility Customer Information System – Customer Self Service Portal (CIS-CX) Solution was authorized by Council. Since that time, the following progress has been made on this effort: • Following the five weeks of product demonstrations, the Core team deliberated before the Vendor of Choice was selected and recommended to the Leadership team and the Executive team for discussion and review; • The Leadership team conducted 13 reference checks with Utilities across the United States that were currently using any of the five vendors; • The Executive team approved the decision to go with the Vendor of Choice; • The Vendor of Choice and the other four vendors were notified; • Funding was secured through Ordinance No. 36, 2023, which allowed legal review of the proposed service contract to begin, continued pre-project management and to begin the process to temporarily backfill critical existing positions needed for this implementation; • Negotiations have been conducted on the City’s extensive contract requirements with the Vendor of Choice and refinements made to the full implementation costs; and • Project staffing requirements and the project timeline have been refined. In March, it was explained that a second appropriation would be necessary before the capital investment is fully funded and the service contract could be signed. Costs associated with the full scope of the solution including data migration, software interfaces, business process mapping, organizational change management, testing and training, as well as the direct implementation of the selected CIS-CX, have been defined, discussed, and negotiated by the outside project management consultants, the Vendor of Choice and Fort Collins Utilities. The funds being requested for this, the second and final, appropriation associated with this software implementation will be utilized as follows: Software as a Service Implementation $3,250,000 Software Licensing through Implementation $2,400,000 Organizational Change Management (OCM) $1,500,000 Testing Protocol Development and Management $900,000 Training Development and Initial Training $900,000 Business Process Analysis and Alignment $750,000 Total $9,700,000 Page 77 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 3 of 5 Software as a Service Implementation - $3,250,000 All of the Vendor of Choice’s direct costs associated with the implementation itself are included here. The chosen solution is a hosted solution, meaning that it will reside on software servers owned and maintained by the Vendor of Choice. A dedicated implementation is expected to provide over 22,000 hours toward this implementation during the 24-month implementation schedule. Software Licensing through Implementation - $2,400,000 Because this is a hosted software solution, the Vendor of Choice will begin realizing most direct costs associated with having a dedicated server at the beginning of the implementation. As such, monthly subscription fees will begin with the implementation itself, rather than at the time of going into production. Subscription fees will increase over time due to customer growth over a certain number and with modest, annual inflationary adjustments per contractual terms. Organizational Change Management (OCM) - $1,500,000 The current utility billing system will have been in place for over 20 years before this 24-month implementation is completed. Software capabilities have increased tremendously over the past 20 years, which is one of the primary reasons for this modernization. This change will require strategic change management to be a successful transformation of the utility customer experience. Outside change management consultants will work together with internal change agents to ensure the success of this implementation while allowing employees to adapt and embrace this change. Change management will be approached from both an organizational perspective as well as a more direct project perspective. From an organizational perspective, outside change management consultants will work with Utility staff and leadership to mature the OCM capability within the organization. More specifically, focusing on how the new CIS-CX solution will be a major change itself, change management strategies will be developed and deployed to ensure the success change to this transformational application. Testing Protocol Development and Management - $900,000 Testing is critical to any software upgrade, especially those that are intended to be seamless and consistent with previous software. This implementation will require rigorous functional testing, system integration testing, operational readiness testing, stress testing, and regression and user acceptance testing. Testing scripts will have to be developed consistent with current and anticipated rate structures and business processes. Software as a Service (SaaS) is becoming more and more common with modern utility billing systems. There are several advantages to SaaS over traditional utility-hosted billing systems including having access to the latest releases of the software solution. However, in order to most efficiently manage all SaaS clients, it is necessary for software vendors to minimize the number of different release configurations clients are running at any given time. This is done through required software releases to clients throughout the year. Because of this, testing is done not just during the initial implementation but also throughout the life of the solution with new releases. Training Development and Initial Training - $900,000 Any new application requires some training but a software application that is this critical to Utilities’ success requires extensive training to ensure that employees understand and are confident and capable of utilizing the new CIS-CX. A Training Manager will help the City conduct a training needs assessment before developing training strategies, course curriculums and end user training materials specific to the job duties of each end user. All employees who will be utilizing the new CIS-CX will be trained prior to using the solution in their capacity. Page 78 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 4 of 5 Business Process Analysis and Alignment - $750,000 The new CIS-CX will be capable of supporting current rate structures and customer services and through regular updates will adapt as those change in the future. To understand how changes to any existing business processes may affect customers, it is necessary to understand all business processes that are part of the Meter to Cash lifecycle of each utility service provided. All existi ng business processes with touch points to the Meter to Cash lifecycle will be documented in an “as is” state and then refined into a “to be” state through workshops with subject matter experts and end users. These documented business processes will then serve as the basis for developing the necessary testing, training and future business process improvements. Appropriation by Enterprise Fund As the customer information and billing system is needed by each utility to generate monthly operating revenues, each utility should contribute to the upgrade or replacement of the system. While some rates are more complicated than others and some require meter consumption data to assess, billing for each utility requires much of the same information as any other utility. Because electric monthly charges are more complicated than flat stormwater rates and unmetered wastewater use, there are additional billing components for billing electric customers. It is appropriate to attribute more of the shared costs to Light and Power and a similar argument applies to Water. The annual subscription costs for this system are divided between the four utilities as follows: Light and Power 50.0% Water 25.0% Wastewater 12.5% Stormwater 12.5% This same cost sharing ratio is proposed for the implementation costs. Light and Power $4,850,000 Water $2,425,000 Wastewater $1,212,500 Stormwater $1,212,500 $9,700,000 CITY FINANCIAL IMPACTS The capital improvement plans that were included in the discussion for the 2023 utility rate ordinances assumed up to $15M would be needed for this investment. As such, the financial impact of this investment is already included in the 10-year rate and debt issuance forecasts. The ongoing annual licensing and maintenance expenses associated with this solution are expected to be comparable to what the current solution costs. The funds being requested herein will need to come from available reserves of each utility enterprise. These funds are above and beyond funds set aside within the reserves to meet minimum fund balance requirements and any previous appropriations made but not yet spent. As the table below shows, each Enterprise Fund has sufficient available reserves for both anticipated appropriations related to modernizing the CIS-CX solution. Page 79 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 5 of 5 BOARD / COMMISSION / COMMITTEE RECOMMENDATION This appropriation will be presented to the Water Commission and Energy Board at their July meetings which will occur before First Reading but after the agenda materials are due for publication. The meeting minutes will be included in the materials submitted for Second Reading. This ordinance will be presented to the Council Finance Committee at the July 6 meeting. Due to the timeline for the implementation, it is necessary to bring this item to the Council at the next available regular meeting of the Council to be able to fully execute the contract and begin the implementation by October of this year. PUBLIC OUTREACH Public outreach and a solid communications plan focused on the customer experience will be forthcoming. This will also be represented in our change management strategy and approach throughout the project. There are many enhancements we expect to see for our customer s including chat functionality, texting capabilities, better ways to educate and make informed decisions on consumption and use, a streamlined and more robust billing portal, single sign on solutions and more. The intention is to roll out new functionality as it is available which may be before the implementation is complete. ATTACHMENTS 1. Ordinance for Consideration ($ are in millions)Light & Power Water Wastewater Stormwater Available Reserves EOY 2022 $29.0 $45.1 $19.5 $15.0 LESS 2023-24 BFO Investments ($4.7)($19.1)($7.2)($1.6) LESS Initial CIS-CX Appropriation ($2.1)($1.1)($0.5)($0.5) Estimated Available Reserves $22.2 $24.9 $11.8 $12.9 Amount Being Requested ($4.9)($2.4)($1.2)($1.2) Remaing Available Reserves $17.3 $22.5 $10.6 $11.7 Page 80 Item 10. -1- ORDINANCE NO. 096, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS IN MULTIPLE UTILITY FUNDS FOR THE PURCHASE OF VENDOR SERVICES TO SUPPORT THE REPLACEMENT OF THE CITY’S UTILITIES BILLING SYSTEM WHEREAS, twenty-two years ago, the City began operating the current Banner software based customer information and billing system (“CIS”) to manage the City utility customer billing and account services for the City’s electric, water, wastewater, and stormwater utilities; and WHEREAS, since implementing the Banner CIS, Utilities staff have identified functionality and capabilities that are needed to modernize operations, improve billing accuracy, and better manage City rate and efficiency programs and services; and WHEREAS, in October 2022, the City issued RFP #9659 to solicit proposals for a new Customer Information System – Customer Self Service Portal (“CIS-CX”) solution, the proposal submission period for which closed on December 2, 2022 (“RFP #9659”); and WHEREAS, based upon Utilities (Billing, Customer Service, and Metering), IT and Purchasing staff review of the RFP responses and selection of a CIS-CX solution provider, the costs to implement a replacement system have become better understood; and WHEREAS, Utilities and Purchasing staff initially identified a total of $4,250,000 for supplemental appropriation to address costs in the first phase of the CIS-CX development and implementation, which amount Council appropriated on April 4, 2023, under Ordinance No. 036, 2023; and WHEREAS, staff has since identified the CIS-CX Vendor of Choice, and is negotiating preliminary terms of the contract with the Vendor sufficient to determine the additional amount of investment needed to successfully deploy a modern CIS-CX; and WHEREAS, based on those discussions with the Vendor, staff has identified an additional $9,700,000 recommended for supplemental appropriation to address the following direct costs: Software as a Service Implementation $3,250,000 Software Licensing through Implementation $2,400,000 Organizational Change Management (OCM) $1,500,000 Testing Protocol Development and Management $ 900,000 Training Development and Initial Training $ 900,000 Business Process Analysis and Alignment $ 750,000 Total $9,700,000; and Page 81 Item 10. -2- WHEREAS, this proposed appropriation will benefit the public health, safety and welfare of the residents of Fort Collins and serve the utility purpose of enhancing the accuracy, functionality, and convenience of Utility ratepayer billing, as well as improve ratepayer access to consumption records, building utility utilization data, and customer service; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light and Power Fund, Water Fund, Wastewater Fund, and the Stormwater Fund and will not cause the total amount appropriated in the Light and Power Fund, Water Fund, Wastewater Fund, or the Stormwater Fund, as applicable, to exceed the current estimate of actual and anticipated revenues and all other funds to be received in these funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager recommends transfer of the following amounts from the respect utility enterprise funds and has determined that the purpose for which the transferred funds are to be expended remains unchanged: Light and Power (50%) $4,850,000 Water (25%) $2,425,000 Wastewater (12.5%) $1,212,500 Stormwater (12.5%) $1,212,500 Total $9,700,000; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the completion of the project; and WHEREAS, the City Council wishes to designate the appropriation herein for the purchase of vendor services to support the upgrade of the Utilities CIS as an appropriation that shall not lapse until the completion of the project. Page 82 Item 10. -3- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of FOUR MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($4,850,000) to be expended in the Light and Power Fund for transfer to the Utility Customer Service and Administration Fund and appropriated therein for expenditure for the purchase of all vendor services needed to replace the City’s utilities billing system as proposed and described in RFP #9659. Section 3. That there is hereby appropriated from prior year reserves in the Water Fund the sum of TWO MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,425,000) to be expended in the Water Fund for transfer to the Utility Customer Service and Administration Fund and appropriated therein for expenditure for the purchase of all vendor services needed to replace the City’s utilities billing system as proposed and described in RFP #9659. Section 4. That there is hereby appropriated from prior year reserves in the Wastewater Fund the sum of ONE MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS ($1,212,500) to be expended in the Wastewater Fund for transfer to the Utility Customer Service and Administration Fund and appropriated therein for expenditure for the purchase of all vendor services needed to replace the City’s utilities billing system as proposed and described in RFP #9659. Section 5. That there is hereby appropriated from prior year reserves in the Stormwater Fund the sum of ONE MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS ($1,212,500) to be expended in the Stormwater Fund for transfer to the Utility Customer Service and Administration Fund and appropriated therein for expenditure for the purchase of all vendor services needed to replace the City’s utilities billing system as proposed and described in RFP #9659. Section 6. That the appropriation herein for the purchase of vendor services to support the replacement of the City’s utilities billing system as proposed and described in RFP #9659 is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation for a capital project that shall not lapse at the end of this fiscal year but continue until the completion of the project. Page 83 Item 10. -4- Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 84 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Rachel Ruhlen, Transportation Planner, FC Moves Tyler Stamey, City Traffic Engineer, PDT Aaron Guin, Legal SUBJECT Items Relating to Parking of Shared Mobility Devices and Electric Scooters. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 097, 2023, Amending Sections 2002, 2106 and 2108 of the Fort Collins Traffic Code to Address the Parking of Shared Mobility Devices and Electric Scooters. B. First Reading of Ordinance No. 098, 2023, Repealing Chapter 24, Article VI, Parking of Shared Mobility Devices, of the Code of the City. The purpose of this item is to add shared mobility devices and electric scooters to the Fort Collins Traffic Code regulations for parking of bicycles and electric bicycles, and also to repeal two sections of the City Code that separately relate only to parking of shared mobility devices and electric scooters. STAFF RECOMMENDATION Staff recommends adoption of these Ordinances on First Reading. BACKGROUND / DISCUSSION The City and Colorado State University (CSU) selected Spin as the sole provider of shared e-bikes and e- scooters in Fort Collins in a competitive selection process. Spin began operating in 2021 on a one-year contract, which is renewable for up to five years total. The City and CSU have renewed the contract with Spin two years in a row. During the first year, the City received complaints about improperly parked Spin e -bikes and e-scooters. During the fall of 2022, in collaboration with a graduate student intern from Colorado State University (candidate for Master’s in Public Health), FC Moves conducted a study of Spin parking behavior and collected photos and observations of over 400 Spin e-scooters and e-bikes. The study evaluated whether the device was parked in compliance with City regulations, namely Code Section 24-179, which specifically addresses the parking of shared mobility devices. The study also evaluated whether the parked device blocked a path or access, and whether the parked device blocked a path or access for individuals with disabilities. Page 85 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 The Spin parking study found that eighty-seven percent (87%) of shared mobility devices were not parked in compliance with the City code. For eighty-four percent (84%) of devices that were not parked in compliance, the study found there was no parking spot compliant with Section 24-179 available nearby. While collecting data for the Spin parking study, FC Moves staff noted that, in most of the City, streets with unmetered, unmarked parking often are the best option to park e-bikes and e-scooters. Under the proposed ordinances, this now would be a legal option. Under the ordinances proposed by this agenda item, thirty- eight percent (38%) of the devices that were parked out of compliance in the fall 2022 study would have had a legal spot nearby, including fifty-six percent (56%) of devices that were blocking a path or access. Using the data from the Spin parking study, FC Moves and Spin developed a parking management program that includes creating designated parking areas, assessment of penalties for improper parking, and educating riders on better parking practices. These steps are being rolled out now and, in fall 2023, data will be collected to compare parking behavior before and after these countermeasures. Also, should Council approve the ordinances proposed by this agenda item, FC Moves and Spin plans to educate riders to use this new option through a quiz tied to a $5 ride credit. It is important to note that, in addition to the City’s own restrictions on parking of shared mobility devices, Spin imposes restrictions on the parking of its devices through “geofenced” no-park zones and rider penalties for violations. For example, Old Town Square currently is designated as a no-ride and no-park zone. One of Council’s “Five Guiding Principles” is to “Make the code easier to use and understand.” Currently, parking of personally-owned electric scooters and shared mobility devices (whether bicycles, electric bicycles, or electric scooters) is regulated by Section 24-179 of the City Code. Parking of personally owned bicycles and electric bicycles, however, is regulated by Section 2108 of the Traffic Code. The proposed ordinances effectively would combine regulation of e-scooters and shared mobility devices in the Traffic Code, so that parking regulations for bicycles, electric bicycles, and electric scooters are the same regardless of whether they are shared- or personally-owned devices. These ordinances also would allow for Spin shared mobility devices to be parked on streets which provides more options for parking in compliance with City regulations and are expected to reduce the number of parked shared mobility devices blocking paths or access. In preparing these proposed changes, FC Moves staff consulted with Police Services, Traffic Operations, Parking Services and Spin staff. FC Moves also presented to and consulted with the City’s Disability Advisory Board, Bicycle Advisory Committee and the Transportation Board regarding the proposed changes. CITY FINANCIAL IMPACTS No financial impacts are anticipated. BOARD / COMMISSION / COMMITTEE RECOMMENDATION On May 22, 2023, the Bicycle Advisory Committee unanimously expressed support for these ordinances and requested that the Transportation Board forward their support to Council. On June 22, 2023, the Transportation Board agreed to forward to Council its recommendation in the Bicycle Advisory Committee memo (attached), with one dissenting vote. PUBLIC OUTREACH Over 1,200 Spin riders responded to a survey in Fall 2022. The most frequent answer to “What would encourage proper Spin e-bike/e-scooter parking for you?” was “Better options for parking.” (forty-one percent (41%)). Page 86 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 ATTACHMENTS 1. Ordinance A for Consideration 2. Ordinance B for Consideration 3. Bicycle Advisory Committee Memorandum, May 22, 2023 4. Bicycle Advisory Committee Minutes, May 22, 2023 (Excerpt) 5. Transportation Board Minutes, June 22, 2023 (Excerpt) Page 87 Item 11. -1- ORDINANCE NO. 097, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 2002, 2106 AND 2108 OF THE FORT COLLINS TRAFFIC CODE TO ADDRESS THE PARKING OF SHARED MOBILITY DEVICES AND ELECTRIC SCOOTERS WHEREAS, FC Moves is a department within the City’s Planning, Development, and Transportation Service Area that exists to advance mobility solutions to increase walking, bicycling, transit use, shared and environmentally sustainable modes; and WHEREAS, in 2021, the City of Fort Collins and Colorado State University (CSU) selected Spin as the sole provider of shared electric bikes and electric scooters in Fort Collins in a competitive selection process; and WHEREAS, Spin began operating in Fort Collins in 2021 on a one-year contract that is renewable for up to five years total, and which has been renewed by the City and CSU two years in a row; and WHEREAS, during the first year of Spin operations, the City received complaints about improperly parked Spin e-bikes and e-scooters, prompting FC Moves, in collaboration with a CSU graduate student intern, to conduct a study of Spin parking behavior, collecting photos and observations of over 400 Spin electric scooters and electric bikes; and WHEREAS, the Spin parking study evaluated whether the shared mobility device was parked in compliance with City regulations, namely Code Section 24 -179, which specifically addresses the parking of shared mobility devices; and WHEREAS, the Spin parking study also evaluated whether the parked device blocked a path or access, and whether the parked device blocked a path or access for individuals with disabilities; and WHEREAS, the Spin parking study found that eighty-seven percent (87%) of shared mobility devices were not parked in compliance with City Code regulations and, for eighty-four percent (84%) of devices that were not parked in compliance, there was no parking spot compliant with Section 24-179 available nearby; and WHEREAS, while collecting data for the Spin parking study, FC Moves staff noted that, throughout most of the City, streets with unmetered, unmarked parking often are the best option to park electric bikes and electric scooters; and WHEREAS, using the data from the Spin parking study, FC Moves and Spin developed a parking management program that includes creating designated parking areas on streets with unmetered, unmarked parking, assessing penalties for improper parking, and educating riders on better parking practices; and Page 88 Item 11. -2- WHEREAS, currently, the parking of personally owned electric scooters and shared mobility devices (whether bicycles, electric bicycles, or electric scooters) is regulated by Section 24-179 of the City Code; however, the parking of personally owned bicycles and electric bicycles, however, is regulated by Section 2108 of the Traffic Code; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to repeal Sections 24-178 and 24-179 of the City Code relating to parking of shared mobility devices and to amend Sections 2002, 2106, and 2108 of the Traffic Code so that parking regulations for bicycles, electric bicycles, and electric scooters are the same regardless of whether they are shared or personally owned devices; and WHEREAS, by repealing Sections 24-178 and 24-179 of the City Code and amending the Traffic Code in such a way, Spin shared mobility devices can be parked in designated zones on streets, thereby providing more options for parking in compliance with City regulations, and with the expectation that this also will reduce the number of parked shared mobility devices blocking paths or access. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 2002 of the Fort Collins Traffic Code is hereby amended to add the following definition of “Shared mobility device,” which reads in its entirety as follows: Shared mobility device shall mean any conveyance or device, including but not limited to electric scooters, skateboards and other toy vehicles, that integrates on-board technology allowing an individual to obtain the conveyance or device, either in person or remotely, from private property or the public right of way, whether or not such conveyance or device is human- or motor-powered. Section 3. That Section 2106(2)(a) of the Fort Collins Traffic Code is hereby amended to read as follows: 2106. - Sidewalks and trails. . . . (2) (a) A person riding a bicycle, electrical assisted bicycle, shared mobility, as that term is defined in City Code Section 24-178, device or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person Page 89 Item 11. -3- riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians. . . . Section 4. That Section 2108 of the Fort Collins Traffic Code is hereby amended to read as follows: 2108. - Parking. (1) (a) A person may park a bicycle, or electrical assisted bicycle, electric scooter or shared mobility device on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle, or electrical assisted bicycle, electric scooter or shared mobility device parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle, or electrical assisted bicycle, electric scooter or shared mobility device may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. (d) A bicycle, or electrical assisted bicycle, electric scooter or shared mobility device may be parked on the road abreast of another such bicycle, or electrical assisted bicycle, electric scooter or shared mobility device near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. (e) In all other respects, bicycles, or electrical assisted bicycles, electric scooters or shared mobility devices parked anywhere on a highway shall conform to the provisions of Part 12 of this Traffic Code regulating the parking of vehicles. (f) Electric scooters may park only in conformance with Section 24-179 of the City Code. Section 5. That the City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate the publication in the Fort Collins Traffic Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Page 90 Item 11. -4- Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. ATTEST: Chief Deputy City Clerk Mayor Page 91 Item 11. -1- ORDINANCE NO. 098, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING CHAPTER 24, ARTICLE VI, PARKING OF SHARED MOBILITY DEVICES, OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, FC Moves is a department within the City’s Planning, Development, and Transportation Service Area that exists to advance mobility solutions to increase walking, bicycling, transit use, shared and environmentally sustainable modes; and WHEREAS, in 2021, the City of Fort Collins and Colorado State University (CSU) selected Spin as the sole provider of shared electric bikes and electric scooters in Fort Collins in a competitive selection process; and WHEREAS, Spin began operating in Fort Collins in 2021 on a one-year contract that is renewable for up to five years total, and which has been renewed by the City and CSU two years in a row; and WHEREAS, during the first year of Spin operations, the City received complaints about improperly parked Spin e-bikes and e-scooters, prompting FC Moves, in collaboration with a CSU graduate student intern, to conduct a study of Spin parking behavior, collecting photos and observations of over 400 Spin electric scooters and electric bikes; and WHEREAS, the Spin parking study evaluated whether shared mobility devices were parked in compliance with City regulations, namely Code Section 24-179, which specifically addresses the parking of shared mobility devices; and WHEREAS, the Spin parking study also evaluated whether the parked device blocked a path or access, and whether the parked device blocked a path or access for individuals with disabilities; and WHEREAS, the Spin parking study found that eighty-seven percent (87%) of shared mobility devices were not parked in compliance with City Code regulations and, for eighty-four percent (84%) of devices that were not parked in compliance, there was no parking spot compliant with Section 24-179 available nearby; and WHEREAS, while collecting data for the Spin parking study, FC Moves staff noted that, throughout most of the City, streets with unmetered, unmarked parking often are the best option to park electric bikes and electric scooters; and WHEREAS, using the data from the Spin parking study, FC Moves and Spin developed a parking management program that includes creating designated parking areas on streets with unmetered, unmarked parking, assessing penalties for improper parking, and educating riders on better parking practices; and Page 92 Item 11. -2- WHEREAS, currently, the parking of personally owned electric scooters and shared mobility devices (whether bicycles, electric bicycles, or electric scooters) is regulated by Section 24-179 of the City Code; however, the parking of personally owned bicycles and electric bicycles, however, is regulated by Section 2108 of the Traffic Code; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to repeal Sections 24-178 and 24-179 of the City Code relating to parking of shared mobility devices and to amend Sections 2002, 2106, and 2108 of the Traffic Code so that parking regulations for bicycles, electric bicycles, and electric scooters are the same regardless of whether they are shared or personally owned devices; and WHEREAS, by repealing Sections 24-178 and 24-179 of the City Code and amending the Traffic Code as described, Spin shared mobility devices can be parked in designated zones on streets, thereby providing more options for parking in compliance with City regulations, and with the expectation that this also will reduce the number of parked shared mobility devices blocking paths or access. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 24, Article VI – Parking of Shared Mobility Devices, consisting of Section 24-178 and 24-179 of the Code of the City of Fort Collins is hereby deleted in its entirety. Sec. 24-178. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Driveway shall mean any area, paved or unpaved between the roadway or the street and private or public property that can be utilized by a vehicle or shared mobility device to access the private or public property. Electric scooter shall mean a device weighing less than one hundred (100) pounds with handlebars and an electric motor that is powered by an electric motor and that has a maximum speed of twenty (20) miles per hour on a paved level surface when powered solely by the electric motion. Electric scooter does not include an electrical assisted bicycle, electric personal assistance mobility device (EPAMD), motorcycle, or low-power scooter. Parkway shall mean the space between the roadway and the adjacent property line, with the exception of any existing sidewalk in such space. Page 93 Item 11. -3- Roadway shall mean the paved, improved or proper driving portion of a street, designed or ordinarily used for vehicular travel. Shared mobility device shall mean any conveyance or device, including but not limited to electric scooters, skateboards and other toy vehicles, that integrates on-board technology allowing an individual to obtain the conveyance or device, either in person or remotely, from private property or the public right of way, whether or not such conveyance or device is human or motor powered. Shared mobility device parking area shall mean an area specifically designed for and designated as parking for shared mobility devices. Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement. User shall mean any person using, operating, or handling a shared mobility device. Sec. 24-179. - Parking of shared mobility devices and electric scooters. (a) No person shall park, nor direct another to park, a shared mobility device or an electric scooter in any manner contrary to any law or contrary to any provision of this Article. (b) A user shall park shared mobility devices or an electric scooter upright on hard surfaces in the parkway, beside a bicycle rack, or in another area specifically designated for shared mobility device and electric scooter parking. (c) A user may not park shared mobility devices or an electric scooter in such a manner as to block the pedestrian zone area of the sidewalk, any fire hydrant, call box or other emergency facility, bus bench, or utility pole. (d) A user may not park shared mobility devices or an electric scooter in a manner that impedes or interferes with the reasonable use of any commercial window display, sign display, or access to or from any building. (e) A user may not park shared mobility d evices or an electric scooter in a manner that impedes or interferes with the reasonable use of any bicycle rack or newsrack, or parkway that requires pedestrian access, including, but not limited to, benches, parking pay stations, and transit information signs. (f) A user may not park shared mobility devices or an electric scooter on blocks without sidewalks or in on-street parking spaces except in a designated shared mobility device or an electric scooter parking area. Page 94 Item 11. -4- (g) A user may not park shared mobility devices or an electric scooter in the parkway directly adjacent to or within the following areas: (1) Transit zones, including, but not limited to, bus stops, shelters, passenger waiting areas, bus layover and staging zones, except at existing bi cycle racks; (2) Loading zones; (3) Disabled parking zones; (4) Curb ramps; (5) Entryways; or (6) Driveways. Section 3. That the City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate the publication in the Code of the City of Fort Collins; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first readin g and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 95 Item 11. Page 96 Item 11. Page 97 Item 11. BICYCLE ADVISORY COMMITTEE TYPE OF MEETING –REGULAR May 22, 2023 6:00 p.m. Hybrid Meeting – Zoom and 281 North College Avenue, Fort Collins, CO 5 /2 2 /202 3 – MINUTES Page 1 FOR REFERENCE: Chair: Dave Dixon Vice-Chair: Jordan Williams Staff Liaison: Cortney Geary 1. CALL TO ORDER Chair Dixon called the meeting to order at 6:01 PM. 2. ROLL CALL (INTRODUCTIONS) BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Dave “DK” Kemp Dave Dixon, Chair, Bike Fort Collins Jordan Williams, Vice Chair, At Large Member Ed Peyronnin, Colorado State University Campus Bicycle Advisory Committee Danielle Buttke (for Kevin Krause), Natural Resources Advisory Board Rob Owens, Transportation Board Elisabeth Cairnes, At Large Member Marcia Richards, Parks and Recreation Board Bruce Henderson, Senior Advisory Board Jonathan Crozier, Poudre School District Tim Anderson, Fort Collins Bike Co-op Todd Dangerfield, Downtown Development Authority David Hansen, Colorado State University Scott Mason, Land Conservation and Stewardship Board Whitney Allison, At Large Member ABSENT: Greg Boiarsky, Air Quality Advisory Board PUBLIC PRESENT: Page 98 Item 11. BICYCLE ADVISORY COMMITTEE TYPE OF MEETING – REGULAR 5 /2 2 /202 3 – MINUTES Page 2 3. AGENDA REVIEW Chair Dixon stated there were no changes to the published agenda. 4. CITIZEN PARTICIPATION None. 5. APPROVAL OF MINUTES – APRIL 2023 Buttke stated she submitted some name changes for the April minutes. (**Secretary’s Note: Whitney Allison arrived at this point in the meeting.) Buttke made a motion, seconded by Owens, to approve the minutes of the April 2023 meeting as amended. The motion was adopted unanimously. 6. UNFINISHED BUSINESS a. Memo in Support of Recreational Bicycling Facilities Henderson asked if the memo is requesting the formation of a new plan. Chair Dixon replied the language does not necessarily reference development of a formal plan but instead states the BAC recommends FC Moves and Parks and Recreation should jointly plan for recreational bicycling facilities in support of community needs, perhaps in a more informal way. Crozier made a motion, seconded by Henderson, to approve sending the memo in support of recreational bicycling facilities to the Transportation Board. The motion was adopted unanimously. b. Memo in Support of Revising City Code Related to Micromobility Parking Chair Dixon commented on the memo as presented. Dangerfield asked if the devices can be parked in parking spaces in Old Town or other areas. Chair Dixon concurred the language may need to be made more specific. Rachel Ruhlen, FC Moves, stated the traffic code referenced relates to where personally owned bicycles and E-bikes cannot be parked. She stated there can be rules that are not in the ordinance as part of the SPIN regulations. Geary stated it may be helpful to specify the details of Traffic Code 2108 and also specify what items would be included in the SPIN contract related to the devices not being allowed to park in metered or managed parking spaces, including within residential parking permit zones. Owens questioned how this change will provide a benefit. Ruhlen replied it would allow for educational outreach opportunities. Chair Dixon asked about the warnings or penalties associated with improper Page 99 Item 11. BICYCLE ADVISORY COMMITTEE TYPE OF MEETING – REGULAR 5 /2 2 /202 3 – MINUTES Page 3 parking according to rules created. Ruhlen replied the first offense is a warning, the second is a one-day suspension, and the third is a permanent ban on the account, which is appealable, but must be a minimum of 15 days. Owens stated he does not agree with enforcing the rules in residential areas, even if they are part of the residential permit prog ram. Peyronnin also commented that sidewalks will be used by children and such in the residential areas. Chair Dixon noted there are residential areas in the Downtown district. Dangerfield stated his concerns are more about the core of the downtown area. Geary suggested the Committee could put forth a recommendation that SPIN vehicles would be allowed to park in non-managed, non-metered parking areas except for the residential parking permit zone and Ruhlen could sort out the details with Parking Services. Additionally, she suggested SPIN could be asked not to deploy vehicles to the residential parking permit zones. Chair Dixon suggested possibly revising 24-179 to cover the issues being discussed as it is very specific to SPIN and E-scooters. Ruhlen replied she has discussed both options with the City Attorney’s Office. Chair Dixon requested input on whether this memo should include recommendations on some of the SPIN contractual rules. Geary replied that would likely be helpful to inform the Transportation Board discussion. Chair Dixon asked if everyone is in agreement with removing 24-179 and proposing that SPIN devices get included in 2108. Members replied in the affirmative. Ruhlen noted this item is scheduled for Council consideration July 18th and would therefore need to go to the Transportation Board in June which would mean the BAC would not have a chance to consider a revised draft. Richards expressed concern about SPIN devices being left in residential permitted parking spaces for multiple days given cars can only park in those areas without a permit for two hours. Chair Dixon noted the SPIN contract could be amended to ensure the devices are removed within a certain timeframe. Geary suggested the Committee could vote at this meeting and read the new draft memo to ensure comments were properly captured prior to it going to the Transportation Board. However, she stated if one member of the Committee disagreed the new memo reflects what was voted upon, the memo could not move forward as business cannot be conducted over email. Cairnes stated she would prefer to abstain from this vote given there was a presentation on the issue prior to her joining the Committee and she had several Page 100 Item 11. BICYCLE ADVISORY COMMITTEE TYPE OF MEETING – REGULAR 5 /2 2 /202 3 – MINUTES Page 4 questions. Chair Dixon replied an abstention would be appropriate due to lack of familiarity with the issue. Cairnes stated her main questions are related to whether there would be a possibility of creating more designated parking spaces for the devices. She also expressed concern about placing private and shared E-scooters in the same category. Ruhlen replied painted parking boxes are being installed primarily on asphalt but also on some wider sidewalks. She commented on the way the Traffic Code addresses all the devices and suggested personally owned E- scooters should be included with E-bike and bikes with shared micromobility being separated; however, she stated it seems cleaner to have all of the devices in the same area, though it could be addressed either way. Cairnes asked if it would be appropriate to delay making other changes until the effectiveness of the parking boxes is ascertained. Ruhlen replied staff’s thinking was to throw all counter measures up as quickly as possible with a new study on effectiveness being completed in the fall. Geary discussed the changes to the memo per the Committee’s discussion, including specifying what is articulated in Traffic Code 2108, adding more data about the impact of this change to show how many scooters and bikes ob served that were blocking access and were illegally parked would have a legal parking space if the code were to change, and specifying that the types of things the Committee would like to see in the SPIN contract are that the vehicles could park on street except for in the managed and metered parking spaces. She asked if the Committee wanted to offer a recommendation as to whether to allow on- street parking of the vehicles in residential permit parking zones. Chair Dixon noted those zones are likely populated by frequent SPIN users and asked how many members are supportive of including a recommendation that the SPIN vehicles could park on street in residential permit parking zones but not in any other metered or managed parking areas. He noted this could be changed in the future as it would be part of the SPIN contract language and not part of the Traffic Code language. Members replied in the affirmative. Vice Chair Williams made a motion, seconded by Dangerfield, to approve the memo as written with the inclusion of the changes as stipulated by Geary and for consideration over email prior to the next Transportation Board meeting. The motion was adopted unanimously with Cairnes abstaining. Page 101 Item 11. TRANSPORTATION BOARD TYPE OF MEETING – REGULAR 6/21/2023 – MINUTES Page 1 June 21, 2023, 6:00 p.m. Virtual Meeting Via Zoom FOR REFERENCE: Chair: Cari Brown Vice Chair: Council Liaison: Ed Peyronnin Emily Francis Staff Liaison: Aaron Iverson 1. CALL TO ORDER Chair Brown called the meeting to order at 6:00 PM. 2. ROLL CALL BOARD MEMBERS PRESENT: Cari Brown, Chair Ed Peyronnin, Vice Chair Jerry Gavaldon James Burtis Indy Hart Jess Dyrdahl Rob Owens Stephanie Blochowiak BOARD MEMBERS ABSENT: Nathalie Rachline CITY STAFF PRESENT: Noah Beals Rachel Ruhlen Cortney Geary PUBLIC PRESENT: Anna (last name not given) Megan (last name not given) 3. AGENDA REVIEW Chair Brown suggested postponement of the last item on the new business agenda should the meeting go past 8:00 p.m. Iverson stated there were no other changes to the published agenda. 4. CITIZEN PARTICIPATION Anna tated she is present to observe. Megan stated she too is present to observe. Page 102 Item 11. TRANSPORTATION BOARD TYPE OF MEETING – REGULAR 6/21/2023 – MINUTES Page 5 be allowed in the zone districts in which short-term rentals are already allowed. He stated the City’s short-term rental licenses fluctuated between 350 and 400 units and he could not speak to whether increasing ADU’s would increase that number. Chair Brown commended public outreach efforts. b. E-scooter Code Changes, Letter to Council from BAC – Rachel Ruhlen Rachel Ruhlen, FC Moves, discussed the history of the SPIN micromobility share program and work to complete a study on SPIN device parking behavior. She outlined the parking counter measures that were developed as a result, including parking boxes, six of which have been installed around town, rider penalties, and education about how to park properly. She noted existing regulations are very strict about where shared micromobility devices can be parked and vary from where personally owned bikes or E-bikes can be parked. She outlined the proposed changes that would simplify the Code to remove language specific to shared micromobility. Additionally, she stated staff can work with SPIN outside of the ordinance to be more restrictive in certain areas, such as downtown, for example. Ruhlen noted the BAC wrote a memo in support of the change. Chair Brown noted the BAC is requesting the Board take action on this item by voting to send the memo to Council. Hart made a motion for the Transportation Board to support the Code changes and forward on to Council the May 22nd E-scooter memo from the Bicycle Advisory Committee. Hart stated it appears the City staff and the BAC put a great deal of effort, analysis, and data into the memo. Blochowiak seconded the motion. Burtis commended the proposed changes and stated additional education may be helpful. Gavaldon stated the red striping on the parking boxes seems to be sending a mixed message and requested it be removed. He questioned whether motor scooters or motorcycles could use the parking boxes and opposed using vehicle parking spaces for bicycles. He stated he is not impressed with the efforts of SPIN to relocate its vehicles. Burtis stated many of the vehicles he has seen strewn into lawns or other areas were moved because they were in the way in the sidewalk and expressed support for other parking options. Gavaldon agreed with Burtis’ statement; however, he stated SPIN should be doing a better job. Page 103 Item 11. TRANSPORTATION BOARD TYPE OF MEETING – REGULAR 6/21/2023 – MINUTES Page 6 The vote on the motion was as follows: Yeas: Brown, Peyronnin, Burtis, Blochowiak, Dyrdahl, Owens and Hart. Nays: Gavaldon. THE MOTION CARRIED. Chair Brown commended the staff work on the item. c. Bicycle Advisory Committee Letter to Council Regarding Recreational Bicycle Facilities – Cortney Geary Hart made a motion for the Transportation Board to support and forward on to Council the April 28th recreational bicycle facilities memo from the Bicycle Advisory Committee. Hart stated it appears the BAC did a great deal of work to produce the memo. Burtis seconded the motion. Cortney Geary, FC Moves, provided some background on how the BAC opted to make recommendations for the City to provide support for recreational bicycling amenities, which started with a discussion about the Hughes Stadium site, though this memo does not mention that location specifically. She noted the memo recommends that FC Moves and Parks and Recreation work together to plan for recreational bicycling facilities. She noted this does have a tie to the adopted Active Modes Plan. Chair Brown noted this memo and Transportation Board support would not require any action on the City’s part. Gavaldon asked if the Valmont Bike Park in Boulder is similar to something that would be contemplated. Geary replied that is the type of facility the BAC is recommending the City plan for. Gavaldon asked if the BAC is recommending the City fund this type of facility at the expense of taxpayers or if the advocacy group will be funding the project. Geary replied the BAC is recommending the City plan for it and that recreational bicycling facilities be prioritized and funded by City dollars; however, it would not preclude some type of public/private partnership for funding. Gavaldon asked about the acreage requirements for such a facility and expressed concern it could be too large for the Hughes Stadium site, which was intended for open space. Geary noted there is no reference in the memo to Hughes Stadium or an acreage amount. Gavaldon thanked Geary for work on the item but stated he would oppose the motion as he does not believe this type of facility is appropriate, particularly for the Hughes site, and it should be privately funded. Burtis noted the Parks budget is running at a deficit and given the expense of Page 104 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 1 of 7 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Ryan Mounce, City Planner Brad Yatabe, Legal SUBJECT Items Relating to The Landing at Lemay Two Plan Amendment to the City Structure Plan Map and Rezoning. EXECUTIVE SUMMARY A. Public Hearing and First Reading of Ordinance No. 099, 2023, Amending the City’s Structure Plan Map. B. Public Hearing and First Reading of Ordinance No. 100, 2023, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as The Landing at Lemay Two Rezoning. The purpose of this item is to amend the City Structure Plan Map to change the land use designation of approximately nine acres of land east of the Lemay Avenue overpass over Vine Drive from the Industrial Place Type to the Mixed Neighborhood Place Type and rezone the property from the Industrial (I) District to the Medium Density Mixed Use Neighborhood (MMN) District. The site is a remnant area of Industrial zoning resulting from the first Landing at Lemay Rezone which was approved in February 2023. The rezoning request is subject to criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Commission, which voted 7-0 on their consent agenda to recommend approval of the request at their May 2023 hearing. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 2(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2022- 068. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In February 2023, Council approved a request to rezone approximately 17 acres of land from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (MMN) zone district known as The Landing at Lemay Rezone. Located near Lemay Avenue and Duff Drive, this rezoning resulted in an odd- shaped remnant of industrial zoned land approximately nine acres in size that is the subject site of this second rezoning request known as The Landing at Lemay Two Rezoning. Page 105 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 2 of 7 . Site and Zoning Vicinity Map In Fall of 2021 when the petitioners were preparing the first Landing at Lemay Rezoning application, staff provided direction to only include the portions of property that were anticipated for a future residential development proposal in the rezoning request, and the remaining nine acres could be evaluated more holistically for potential land use or zoning changes as part of the East Mulberry Corridor Plan update which was beginning at the time. While the first rezoning request continued through the review process, the East Mulberry Corridor Plan update was subsequently delayed, resulting in a mismatch in timing between when these different areas would be considered for potential rezoning. At the Planning and Zoning Commission hearing for the first Landing at Lemay Rezoning, the Commission discussed concerns about this remaining nine acres remnant of industrial land, as it created uncertainty about potential buffering requirements between industrial and residential development, and that the remaining 9 acre site suffered from similar characteristics that diminished the viability for industrial development as the first Landing at Lemay Rezone site. The Planning and Zoning Commission discussion prompted the petitioners to submit the second rezoning request to proactively consider rezoning the 9 acre remnant and to unify the full property under MMN zoning. Given delays in the timeline for the East Mulberry Corridor Plan, staff are also supportive of the rezoning request for Council consideration in advance of the Plan update. The Planning and Zoning Commission subsequently voted 7-0 on their May 2023 hearing consent agenda to recommend Council approve the proposed Structure Plan Map amendment and rezoning. Page 106 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 3 of 7 PETITIONER’S REZONING REQUEST The petitioner’s request a rezoning of approximately 9 acres of land from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (MMN) zone district. Associated with the rezoning is a request to amend the Structure Plan Map from the Industrial Place Type to the Mixed Neighborhood Place Type to align with the proposed zoning. Unlike the first Landing at Lemay Rezone, there is no associated development proposal, and the change is primarily intended to clean up and unify zoning for the parcel and create more logical zoning boundaries. SITE CONTEXT AND HISTORY The site was part of the Fort Collins Business Center Annexation of 1986 and originally zoned Light Industrial (IL), conditioned upon the property being developed as part of a larger planned unit development. The original industrial development contemplated in the 1980s never occurred, and the site remains undeveloped. A prominent characteristic of the site is a number of barriers which reduce the site’s visibility and accessibility from several directions, including: (North) Burlington Northern Santa Fe railroad yard which prevents access to Vine Drive and provides a visual separation from the north. (West) The Lemay Avenue overpass over Vine Drive is elevated above the site and reduces visibility. Direct access to Lemay Avenue is no longer possible from the site and the overpass visually shields the site from the southwest to northwest. (East) Upon future development, the eastern edge of the site will be required to extend Cordova Road, a collector street intended to travel the perimeter of the Airpark and eventually connect with International Boulevard to the east near Timberline Road. REZONING CRITERIA AND EVALUATION Rezonings and map amendments are governed by five criteria in Land Use Code Subsections 2.9.4(H)(2) and 2.9.4(H)(3). A rezoning must demonstrate compliance with either criteria one or two, while the three remaining criteria are additional considerations for the Planning and Zoning Commission and Council. These five criteria can be paraphrased as: 1. Consistent with the Comprehensive Plan; 2. Warranted by Changed Conditions; 3. Compatible with Surrounding Uses; 4. Impacts to the Natural Environment; and 5. Logical and Orderly Development Pattern Staff’s summary of each criterion can be found below while the attached Planning and Zoning Commission staff report evaluates each criterion in greater detail. Criterion One: Consistent with the Comprehensive Plan In evaluating consistency with City Plan, staff analyzed both the policy guidance and future land use direction found in City Plan and the 2002 East Mulberry Corridor Plan, which is an adopted element of City Plan. The existing City Plan Structure Plan Map identifies the site as part of the Industrial Place Type, consistent with its established industrial zoning. This industrial designation is also represented in the Land Use Page 107 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 4 of 7 Framework Map of the 2002 East Mulberry Corridor Plan. These land use designations are not consistent with the proposed MMN zoning, and a Structure Plan Amendment is required alongside a rezoning to create the necessary alignment between site zoning and the land use guidance in these policy documents. Staff is currently working on updates to the East Mulberry Corridor Plan. If the proposed Structure Plan Map amendment and rezoning are approved by Council, staff intends to reflect those changes in the upcoming Plan update. City Plan and East Mulberry Corridor Plan policies present a tension between goals seeking to ensure the success and preservation of the community’s industrial and employment land supply, as well as maximizing housing opportunities along transit routes and in close proximity to nearby employment centers and services. Either set of policies could be used to support retaining the existing industrial designation to ensure a long- term supply of land available for industrial development, or for a residential rezoning given the site’s proximity to major employment areas located Downtown and in the Mulberry Corridor, as well as the site’s proximity to transit along Lincoln Avenue and nearby retail and grocery store several blocks to the south. Given the site’s smaller size and odd shape as well as other constraints such as limited accessibility and access, Planning and Economic Health staff do not feel the site is a critical component of the City’s overall industrial land supply and the policies encouraging housing with the type of nearby amenities supports a rezoning and compliance with the comprehensive plan. Criterion Two: Warranted by Changed Conditions Criteria two is the primary justification for the rezoning in staff’s evaluation based on multiple physical and land-use changes which have occurred surrounding the site over the past several decades. Alongside changing trends in industrial development and demand, the site’s suitability for industrial development has diminished. The most prominent physical and land-use changes affecting the site include: Construction of the new Lemay Avenue overpass over Vine Drive. This has resulted in reduced visibility of the site and eliminated the possibility of direct arterial street access which are important site characteristics for certain types of industrial development. Introduction of a new collector street on the Master Street Plan (Cordova Road) along the site’s eastern perimeter that can serve as a logical breakpoint between existing industrial development to the east. The rezoning of the abutting properties to the southwest (Capstone Cottages in 2015 and the first Landing at Lemay in 2023) from Industrial (I) to Medium Density Mixed-Use Neighborhood (MMN) zoning. The Lincoln Avenue frontage has been improved to create a more direct multimodal connection to Downtown with enhanced transit features and bike lanes as part of the Lincoln Corridor Plan. Land uses have shifted along Lincoln Avenue, with rezonings along both Lincoln Avenue frontages as a result of the new Woodward Headquarters and the shift in previously traditional industrial land uses towards retail, services, and tourism with the growth of nearby breweries. The City recently rezoned properties along the northern Lincoln Avenue frontage from the Industrial zone district to the Downtown district during the last update to the Downtown Plan. The collective result of these changes is that the site’s context within the middle of what was once planned as a much broader industrial district has shifted and the site now sits within a mixed land use context with residential zoning along two sides of the property. The construction of the new Lemay Avenue overpass has also diminished the competitiveness of the site for certain industrial users such as warehousing and logistics. Page 108 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 5 of 7 In consultation with Economic Health, staff also analyzed potential impacts to the community’s industrial land supply and the importance of this site for new industrial development. Given a surplus of vacant industrial land in the Growth Management Area, ongoing industrial development trends, and marginal site attributes, Planning and Economic Health staff feel the site is not crucial to the City’s overall industrial land supply. Pages 32-33 of the attached City Plan Employment Land Demand Analysis estimate a large excess of vacant industrial land in the Growth Management Area in relation to future demand. Staff also requested historical industrial demand study from the petitioners during the first Landing at Lemay rezoning, which indicates industrial development over the past several decades in Fort Collins has been level or slightly decreasing, even as the community has grown. If these trends persist, Fort Collins’ available industrial land supply is anticipated to be greater than future demand. While the sites reduced visibility and lack of arterial street and highway access reduce competitiveness for warehousing/logistics users, narrative from Economic Planning Systems in the City Plan Employment Land Development Analysis, page 22, also discusses industrial development trends for Small Urban Manufacturers, such as those found to the east of the site in the Airpark. National trends for these businesses indicate a direction towards smaller footprints and number of employees. Further, these types of businesses generally seek out older spaces due to their lower costs rather than new construction. Where new construction or expansion may be desirable, there remain multiple vacant parcels within the Airpark/Mulberry Corridor and other sites for additional expansion or intensification. Criterion Three: Compatible with Surrounding Uses Given the immediate area’s mixed zoning, the proposed MMN zone district does not appreciably alter the land use character of the area, especially given the site’s limited size and location with limited access/visibility. A rezoning from the Industrial zone district to the Medium Density Mixed-Use Neighborhood district would also reduce a direct border between industrial and residential zoning and minimize the potential for nuisance issues. In terms of potential future development impacts, the Industrial and Medium Density Mixed-Use Neighborhood zone districts feature similar levels of development intensity, although individual impacts are much more variable in the Industrial district given the large number of land uses that are permitted. An industrial development is more likely to create impacts related to noise, odor, truck -traffic, and aesthetics. An MMN-style development is more likely to create impacts related to building height and overall traffic generation. Criterion Four: Impacts to the Natural Environment The impact to the natural environment is likely to be similar between Industrial and MMN zoning at this location. Assuming typical development patterns for both zone districts, the level of human activity, traffic generation, and noise/light impacts can be expected to be of a similar magnitude. Traditionally, industrial development has been more likely to contain perimeter fencing and may use the full amount of property for impervious or compacted surfaces for parking and storage yards. Multifamily residential development may contain more requirements for formalized landscaping and open space/amenity areas that may be used on occasion by urban-adapted wildlife during low activity periods. The City’s Natural Habitats and Features Inventory Map does not contain any identifiable features on the site and the closest identified features are non-native grasslands several hundred feet to the northwest. Aerial imagery indicates the potential presence or past presence of prairie dogs. Under an I or MMN zoning designation, future development of the site will be required to identify ecological resources and subsequent mitigation efforts in compliance with Land Use Code requirements at the time of development – a change in zoning designation does not impact these standards and requirements. Page 109 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 6 of 7 Criterion Five: Logical and Orderly Development Pattern Following the rezonings for Capstone Cottages and the first Landing at Lemay, all of the prior industrial zoning west of Cordova Road has shifted towards a residential designation. The proposed rezoning would complete the zoning and land use transition and reduce the potential for nuisances by eliminating a direct border between residential and industrial zoning. The proposed rezoning would instead shift this demarcation between residential and industrial to Cordova Road where the wider right-of-way of this future collector street can aid in greater physical separation and buffering. The proposed rezoning also creates a logical and orderly pattern from a City Plan policy perspective as it encourages housing opportunities near employment, transit, and shopping, all of which can all be found within a short distance. Finally, the proposed rezoning to MMN also matches the purpose and intent of the MMN zone district as described in the Land Use Code as a district, “…intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district).” In this circumstance, the site would function as a separator or buffer between the more intensive non-residential areas of the Airpark and the lower density residential zone districts found further north and west and continues an area of MMN zoning extending northward from the commercially zoned property to the south comprising the Mulberry and Lemay Crossing Shopping Center. CITY FINANCIAL IMPACTS There are no direct financial impacts associated with the proposed rezoning. BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Planning and Zoning Commission voted 7-0 on the consent agenda at their May 18, 2023, hearing to recommend approval of the rezoning and Structure Plan Map amendment to Council. Draft minutes from the May 18, 2023, hearing and excerpted minutes from the Commission’s December 15, 2022, hearing discussing the first Landing at Lemay rezoning are attached and discuss the impetus for this second rezoning. At the December 15, 2022, meeting, the Commission discussed: Concern that the nine-acre remnant of industrial land features the same characteristics, such as reduced access and visibility, that make the site less suitable for industrial development and that a similar rezoning to MMN that is taking place for the original Landing at Lemay Rezone may be appropriate. Concern that leaving the nine-acre remnant under Industrial zoning will create uncertainty about buffering requirements when a project proposal for residential development is reviewed on the first Landing at Lemay Rezone site, especially if staff is already preparing to recommend zoning changes in the forthcoming East Mulberry Corridor Plan update process. PUBLIC OUTREACH A neighborhood meeting for the original rezoning proposal and early discussion of a potential multifamily development occurred October 4, 2021. A neighborhood meeting summary is attached. Key discussion topics from the meeting included concerns and potential impacts from the multifamily development proposal, including building heights, traffic generation, the use of the vacant land by wildlife, and impacts on water resources. Related to the rezoning were discussion about a desire to see more diversity of land uses and housing types in the area, including more retail or restaurants within walking distance. There were no public comments or testimony for the Landing at Lemay Two proposal at the Planning and Zoning Commission hearing. Page 110 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 7 of 7 ATTACHMENTS 1. Ordinance A for Consideration 2. Exhibit A to Ordinance A 3. Ordinance B for Consideration 4. Aerial and Zoning Vicinity Map 5. Applicant Rezoning Petition and Project Narrative 6. Landing at Lemay Two Rezoning Map 7. Applicant Industrial Land Use, Forecast, and Demand Study 8. Planning and Zoning Commission Staff Report 9. City Plan Employment Land Demand Analysis 10. Neighborhood Meeting Summary 11. Planning and Zoning Commission Minutes, May 18, 2023 (Excerpt) 12. Planning and Zoning Commission Minutes, December 15, 2022 (Excerpt) 13. Presentation Page 111 Item 12. -1- ORDINANCE NO. 099, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY’S STRUCTURE PLAN MAP WHEREAS, the City has received an application to rezone approximately nine acres of land east of the Lemay Avenue overpass over Vine Drive; and WHEREAS, under the rezoning application, known as “The Landing at Lemay Two Rezoning,” such property would be rezoned from the Industrial (“I”) Zone District to the Medium Density Mixed Use Neighborhood (“M-M-N”) Zone District; and WHEREAS, the City Council finds that, while The Landing at Lemay Two Rezoning does not comply with the present place type designation shown on the City’s Structure Plan Map for that location, it complies with the Principles and Policies of the City’s Comprehensive Plan, as well as the Key Principles of the City’s Structure Plan; and WHEREAS, accordingly, the City Council has determined that the proposed The Landing at Lemay Two Rezoning is in the best interests of the citizens of the City; and WHEREAS, the City Council has further determined that the City’s Structure Plan Map should be amended as shown on Exhibit “A” attached hereto, so that the proposed rezoning will comport with the City’s Comprehensive Plan in its entirety, including the City’s Structure Plan Map. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for The Landing at Lemay Two Rezoning. Section 2. That the City Council finds that the proposed amendment promotes the public welfare and is consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. Page 112 Item 12. -2- Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 113 Item 12. Exhibit A to Ordinance No. 099, 2023: City Plan Structure Plan Map Amendment PLACE TYPES Districts -Downtown District -Urban Mixed-Use District � Suburban Mixed-Use District111m Neighborhood Mixed-Use District -Mixed Employment District -Research & Development/Flex District Industrial District Campus District Other Parks and Natural/Protected Lands Community Separator Neighborhoods Rural Neighborhood Suburban Neighborhood -Mixed Neighborhood BOUNDARIES [�:] City Limits c:J Growth Management Area (GMA) Adjacent Planning Areas � -■■-■■- PLACE TYPE DESIGNATION: Industrial to Mixed-Neighborhood A N Page 114 Item 12. -1- ORDINANCE NO. 100, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE LANDING AT LEMAY TWO REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”) establishes the Zoning Map and Zone Districts of the City; and WHEREAS, on February 21, 2023, City Council adopted Ordinance No. 019, 2023, approving the Landing at Lemay Rezoning to rezone an approximately seventeen -acre property located east of the intersection of Lemay Avenue and Duff Drive from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (M-M-N) zone district; and WHEREAS, the City has received a request to rezone an approximately nine-acre property (hereinafter, “The Landing at Lemay Two Rezoning”) that abuts the property rezoned in the Landing at Lemay Rezoning from the Industrial (I) zone district to the Medium Density Mixed- Use Neighborhood (M-M-N) zone district; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, City Council has considered The Landing at Lemay Two Rezoning and has determined that said property should be rezoned as hereinafter provided; and WHEREAS, City Council has further determined that The Landing at Lemay Two Rezoning, in consideration of the conditions of approval set forth in this Ordinance and the related Structure Plan Map amendment request, City’s Comprehensive Plan is warranted by changed conditions within the neighborhood surrounding and including the Landing at Lemay Two Rezoning; and WHEREAS, to the extent applicable, City Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code; and WHEREAS, the Planning and Zoning Commission at its May 18, 2023, regular meeting recommended that Council approve The Landing at Lemay Two Rezoning and the requested amendment of the Structure Plan Map on a 7-0 vote; and WHEREAS, the City Council finds that The Landing at Lemay Two Rezoning is in the best interest of the City. Page 115 Item 12. -2- NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the approval of The Landing at Lemay Two Rezoning is conditional upon City Council approving the requested amendment to the Structure Plan Map related to The Landing at Lemay Rezoning on second reading. The Structure Plan Amendment is necessary for The Landing at Lemay Two Rezoning to comply with the Comprehensive Plan. If such Structure Plan Map amendment is not approved on second reading, this Ordinance shall be null and void. Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Industrial (“I”) Zone District, to Medium Density Mixed Use Neighborhood (“M-M-N”) Zone District, for the following described property in the City known as The Landing at Lemay Two Rezoning: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE SAID NORTHWEST 1/4 AS BEARING NORTH 88° 53' 46" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, BEING MONUMENTED WITH A #6 REBAR AND 3 1/4" ALUMINUM CAP, STAMPED WITH PLS# 17497, AND CONTINUING ALONG SAID NORTH LINE NORTH 88° 53' 46" EAST 1240.70 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01° 05' 44" EAST 79.71 FEET TO A #4 REBAR WITH NO CAP, ALSO BEING THE POINT OF BEGINNING; THENCE, SOUTH 00° 30' 20" WEST FOR A DISTANCE OF 417.97 FEET; THENCE, SOUTH 88° 15' 17" EAST FOR A DISTANCE OF 57.91 FEET; THENCE, SOUTH 51° 31' 56" EAST FOR A DISTANCE OF 914.10 FEET; THENCE, SOUTH 38° 27' 14" WEST FOR A DISTANCE OF 377.87 FEET; THENCE, NORTH 51° 26' 39" WEST FOR A DISTANCE OF 966.76 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; SAID CURVE BEING CONCAVE TO THE WEST WITH A DELTA OF 02° 27' 28", HAVING A RADIUS OF 1380.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 25° 09' 56" EAST FOR A DISTANCE OF 59.19 FEET; THENCE, NORTH 23° 56' 12" EAST FOR A DISTANCE OF 89.54 FEET TO THE BEGINNING OF A CURVE, SAID CURVE BEING CONCAVE TO THE WEST, WITH A DELTA OF 25° 03' 25", HAVING A RADIUS OF 1005.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 11° 24' 30" EAST FOR A DISTANCE OF 436.02 FEET; THENCE NORTH 01° 07' 15" WEST A DISTANCE OF 117.25 FEET THENCE NORTH 88° 44' 21" EAST FOR A DISTANCE OF 75.67 FEET TO THE POINT OF BEGINNING Page 116 Item 12. -3- Section 4. That the Residential Neighborhood Sign District Map adopted pursuant to Section 3.8.7.1(M)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 5. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property subject to The Landing at Lemay Two Rezoning is included in the LC1 Lighting Context Area. Section 6. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 117 Item 12. N N A e r i a l Vi c i n i t y M a p SITE ORIGINAL LANDING AT LEMAY REZONE (I) to (MMN) Page 118 Item 12. Page 119 Item 12. Page 120 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 The Landing at Lemay North Rezone Exhibit B - Request for Zoning Map and Structure Plan Amendment April 25, 2023 Project Team Developer/Applicant Planner/Landscape Architect Civil Engineer Monica Unger Russell Lee Danny Weber Thompson Thrift Residential Ripley Design, Inc. Northern Engineering 111 Monument Circle, Ste 1500 419 Canyon Ave, Suite 200 301 N Howes St #100 Indianapolis, IN 46204 Fort Collins, CO 80521 Fort Collins, CO 80521 Introduction The applicant, Thompson Thrift Residential, requests an amendment to the City Structure Plan and an amendment to the Zoning Map to rezone a 9.4-acre portion of a 26.5-acre property located at the southeast corner of Vine Drive and Lemay Avenue from Industrial to MMN (see Figure 1 below). The southern 17.1-acres received final approval to rezone from Industrial to MMN on February 21, 2023. At the Planning & Zoning Commission meeting on December 15, 2022, there was concern that the portion of land to the north was remaining industrial land, which has initiated this secondary rezone. Figure 1 - Zoning Map Page 121 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 This rezone will create a more cohesive transition from the RL and LMN zones on the west to the Employment zones and unincorporated industrial park areas to the east, eliminate concerns of an increased buffer requirement if this land was to develop as industrial adjacent to the southern MMN property, and eliminates the split zoning between this area and the MMN zone to the south. As illustrated in Figure 1 above, the existing Lemay Avenue and Duff Drive ROW (shown in dark blue) and the parcel which contains the future extension of Cordova Road (shown in cyan), are currently zoned Industrial and are not included in this rezone application. These areas will potentially be rezoned by the City as part of the Mulberry Plan due for adoption later this year. Note that the parcel show in cyan in Figure 1 has not been included in this rezone since the developer is finalizing the purchase agreement with the owner for its acquisition. The applicants do not object to the City rezoning this land in the future as part of the Mulberry Plan. Request for Zoning Map Amendment This request for a Zoning Map Amenment is justified in accordance with the following section of the City of Fort Collins Land Use Code. Fort Collins LUC Section 2,9.4(H) (2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriat e zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, Page 122 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. 1. The Zoning Map amendment is consistent with the City’s Comprehensive Plan (City Plan adopted in 2019) Strategy LIV-1d. Update the East Mulberry Corridor Plan to reflect land use and policy directions established as part of City Plan. Include a full assessment of annexation impacts as part of the plan update, or as a stand-alone effort, to help inform the annexation process and long-term service provision. Analysis: The Landing at Lemay property lies within the East Mulberry Corridor Area. The previous Corridor Plan was adopted in 2002, and City staff is currently in process of updating the plan to better reflect the evolving needs of northeast Fort Collins. The City held meetings in 2020 and 2021 with City Council members as well as local businesses and residents to gain input on the revisions that will be made to the Plan. Feedback received was that there is a community interest in preserving Industrial properties which were most accessible from I-25 and East Mulberry. The subject property lies about 1 mile north of East Mulberry Street and would require traffic to pass by several existing residential developments, placing a lower value on preserving this property for industrial uses given its distance from Mulberry. The green areas shown on the map below depict areas proposed to be annexed into the City as part of the East Mulberry Plan project. This illustrates the considerable potential for future industrial properties which will better align with the community interest. Page 123 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Policy LIV 1.6 - Adequate Public Facilities Utilize the provision of public facilities and services to direct development to desired location, in accordance with the following criteria: ➢ Direct development to locations where it can be adequately served by critical public facilities and services such as water, sewer, police, transportation, schools, fire, stormwater management and parks, in accordance with adopted levels of service for public facilities and services. Analysis: The subject property is bordered by developed properties to the south and west, providing an existing network of public utilities in the immediate vicinity. The proposed M-M-N zoning for this property will allow for a logical extension of the existing street and utility framework established by the multi-family development to the south, and the newly constructed Lemay Ave to the west will provide adequate vehicular and pedestrian circulation to surrounding areas. Transfort also has an existing bus stop approximately ½ mile south of the property which offers stops each hour. Additionally, the applicant has agreed to take over the maintenance of the landscape within their adjacent Lemay Avenue overpass right of way to the back of walk to support this public facility. Policy LIV 4.2 - Compatibility of Adjacent Development Ensure that development that occurs in adjacent districts complements and enhances the positive qualities of existing neighborhoods. Developments that share a property line and/or street frontage with an existing neighborhood should promote compatibility by: Page 124 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 ➢ Incorporating context-sensitive buildings and site features (e.g., similar size, scale and materials); a ➢ Locating parking and service areas where impacts on existing neighborhoods — such as noise and traffic—will be minimized. Analysis The adjacent zoning districts include Low-Density Mixed-Use Neighborhood District (L-M-N) and Low Density Residential (R-L) zoning to the west, and the property to the south is currently in process to be rezoned from I to MMN . To the north and east are properties zoned Employment (E) and L-M-N. Rezoning the subject parcel to M-M-N will provide a more appropriate transition between the lower density residential properties to the west and the higher intensity industrial and employments areas to the east. The architectural character associated with the future multi-family development on this site will be more sensitive to the context of these adjacent residential uses than what would likely be developed on an industrial -zone property. The Lemay overpass flattens out at the southern half of the site. The subject property is visible from Andersonville at this point. A multi-family development provides a more logical transition to the industrial to the east rather than having industrial uses 100’-200’ from residential houses. A neighborhood meeting was held with the residents from the Andersonville neighborhood. At that meeting the applicant asked if the neighbors preferred multifamily versus industrial and residents in attendance expressed a preference for multifamily. Policy Liv 5.3 – Land for Residential Development Use density requirements to maximize the use of land for residential development to positively influence housing supply and expand housing choice. Analysis: City Plan has identified the need for increased housing supply and emphasizes a broader mix of housing types and densities to support the changing population and housing market (page 29). This need for housing stock is a result of an increase of jobs in Fort Collins and a housing market that has not been able to keep up with the rising demand. City Plan identifies the greatest need for housing supply to be for higher density products such as multifamily and attached unit s. Rezoning to M-M-N will allow for the subject property to directly contribute to these City goals. Policy SC 4.2 - Design for Active Living Promote neighborhood and community design that encourages physical activity by establishing easy and equitable access to parks and trails, Page 125 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 providing interesting routes that feature art and other visually interesting elements, and locating neighborhoods close to activity centers and services so that active modes of transportation are a desirable and convenient choice. Analysis: According to City Plan, a key characteristic of the Mixed Neighborhood Place Type (which aligns with M-M-N zoning) are properties which are located within walking or biking distance of services and amenites. The subject property is located within ½ mile walk or biking distance of several breweries, restaurants, and grocery stores, and is approximately 1 mile from Old Town Fort Collins which will encourage active living. 2. The Zoning Map amendment is warranted by changed conditions within the neighborhood surrouding and including the subject property. In addition to being consistent with with the City’s Comprehensive Plan, the proposed rezone is warranted by the following changed conditions within the surrounding neighborhood. • The Capstone property which lies directly south of the subject property received approval to rezone from I to M-M-N in 2015 and has since been developed as a multi-family project, setting the precedent for compatible multi-family projects in the area. • The airport is no longer in operation. Concerns raised by City staff in the 2003 consideration of a rezoning to M-M-N for the Capstone property included concerns about locating residential areas too close to the airport. With the closure of the airport, this concern is no longer an issue. • Woodward recently constructed a new campus on the 100+ acre property at the southwest corner of the Lincoln and Lemay intersection, located less than ½ mile from the subject property. This property was rezoned to be within the Innovation Subdistrict, which is part of the Downtown District. The Innovation Subdistrict was created to promote development that supports employment and industrial uses, which enabled Woodward to accommodate their new office/manufacturing campus that is anticipated to retain and/or create between 1,400 and 1,700 primary jobs. The loss of 9.4 acres of I-zoned property is more than offset by the increase in industrial use and jobs realized by the Woodward project. The Woodward developemnt would also benefit from adjacent housing and continue to promote City Plan Poilcy SC4.2 by placing market rate housing within ½ mile of this major employer. This would encourage pedestrian and bike transportation to work, reducing carbon emissions and promoting the City’s climate action goals. Page 126 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 3. The Zoning Map amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land. The rezone will be compatible with existing land uses for the following reasons: • The properties to the west are zoned R-L and L-M-N which have a lower intensity than the properties to the east which are unincorporated, but are developed as industrial. Rezoning the subject property to M-M-N will provide a more natural transition between land uses. • The northern 9.3-acres of the subject property will remain as industrial-zoned land and will maintain future employement opportunities within the City of Fort Collins. The industrial-zone district also accomodates uses such as convenience shopping, child care centers and housing which will support the multi-family use proposed for the subject property. This remaining industrial-zoned area will still have adaquate circulation, with direct access to Vine Drive to the north, a 2-lane collector street at this location which transitions to a 2-lane arterial street as it approaches I-25 to the east. 4. The Zoning Map amendment would not result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; No significant adverse impacts are anticipated on the natural environment for the following reasons: • There are no significant natural features identified on the subject property or adjacent properties. Additionally, a multi-family development within the M-M-N zone district would typically be a lower intensity use than a development within an industrial-zoned property would, therefore reducing any potential environment impact for the surrounding areas. • The proposed rezone will provide housing opportunities in a location which will have access to a multitude of employment and service areas within a 2-mile radius. Providing housing in areas that are within close proximity to jobs, healthcare, recreation, retail, and restaurants significantly cuts down the amount of time residence must spend in their cars, thus reducing their environmental impact. Page 127 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 5. The Zonining Map amendment will result in a logical and orderly development pattern. The rezone will result in a logical and orderly development pattern for the following reasons: • The property south of Duff Drive was rezoned as M-M-N in 2015, and the property directly to the south is currently requesting a rezone to M -M-N, so the proposed zoning will provide a logical extension of that zone district to the north. • The transition between the proposed M-M-N zone and the existing industrial zone is defined by extending the centerline of Link Lane across the subject property to create a clearly defined boundary. • The proposed rezone would place a medium-density use along the newly- constructed Lemay Avenue, a 4-lane collector street. This complies with the City Plan which promotes placement of townhome or multifamily developments along arterial streets where transit and other services and amenities are available (page 98). Request for Structure Plan Amendment This request for a Structure Plan Amendment is justified in accordance with the following section of the City Plan. City Plan (page 221) states: a plan amendment will be approved if the City Council makes specific findings that: • The existing City Plan and/or any related element thereof is in need of the proposed amendment; and • The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. 1. The existing City Plan and/or any related element thereof is in need of the proposed amendment; The Structure Plan Map needs to be amended in order to rezone approximately 9.4-acres of land. The resulting M-M-N zone will be able to accommodate a multi-family housing project and create an appropriate land use transition between industrial development and single - family neighborhoods. Page 128 Item 12. MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Since the current Structure Plan was adopted in 2018, additional conversations have o ccurred regarding the best suited locations for industrial properties, and City Staff has identified the areas closest to East Mulberry Street and I-25 as the lands which would be most appropriate. This parcel is outside those parameters. Additionally, the need for more housing has increased considerably in the last 2 years. Based on the monthly report issued by the Fort Collins Board of Realtors, the median home price in Fort Collins increased by over 14.5% for townhomes/condos in the last year alone. Meanwhile, the number of days on the market decreased by 31.5% from 89 to just 61. The Fort Collins Housing Strategic Plan was since released in 2021, reinforcing the urgency for increased housing supply. The tables from page 27 of the Strategic Plan illustrate that there is a shortage of affordable housing for both the rental and ownership markets. For the rental market, housing shortages are reported for residents with up to 80% AMI (Area Median Income) and up to 150% AMI for the ownership market. The evolving needs in the City are a clear indication that there is a need for action. 2. The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The proposed Structure Plan Map amendment is part and parcel with the rezoning request. See arguments above to show how the amendment is supported by City Plan Principles and Policies. Page 129 Item 12. DRAFT 01-19-23 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N THE LANDING AT LEMAY NORTH PARCEL REZONE MAP A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SURVEYOR'S STATEMENT I, Robert C. Tessely, a Colorado Registered Professional Land Surveyor, do hereby state that this map of land proposed to be rezoned in the County of Larimer, State of Colorado was prepared under my direct supervision from existing documents of record and that the same is true and correct to the best of my knowledge, information and belief. For and on behalf of Northern Engineering Services, Inc. Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 1 CITY OF FORT COLLINSLARIMER COUNTY, COLORADONOTES: 1) Subject Property Address: NO PUBLISHED ADDRESS 2) This survey does not constitute a title search by Northern Engineering to determine ownership or easements of record. For all information regarding property lines and easements, Northern Engineering relied upon commitment number ABD25184271, dated 01/29/2021 by Land Title Guarantee Company. 3) This is not a statutory boundary survey, lines ran or shown have not been evaluated for title rights either written or unwritten. 4) This map is not a land survey plat or improvement survey plat, and it is not to be relied upon for the establishment of fence, building, or other future improvement lines. 5) Adjacent property owner information per the Larimer County Land information Locator. 6) Zoning information per the City of Fort Collins GIS FCMaps Zoning Portal. 7) Approximate Subject Property contains 409,407 square feet or 9.40 acres, more or less. 8) This is not a statutory land survey as defined by the State of Colorado. Monuments depicted for reference purposes only. 9) FLOOD ZONE DESIGNATION: According to FIRM Panels 08069C0981G, dated June 17, 2008, and 08069C0981H, dated May 5, 2012 for Larimer County, this tract lies within a FEMA designated 500-year floodplain. 10) The Professional opinion of the Surveyor is not a determination of law, nor a matter of fact. 11) Zoning Parcel description is for reference purposes only. It is not the intent of the surveyor to create legal lots or subdivision as defined by the City of Fort Collins, the County of Larimer or State of Colorado. Zoning Parcel descriptions are not to be used in the transfer of real property or to replace deeded property descriptions. 12) All bearings and distances are derived from field measurements unless otherwise noted. The recorded bearings and or distances shown heron are taken from existing public records and will not match the measured bearings and or distances due to differences in the datum and or projections used to complete the survey. N VICINITY MAP 1" = 2000' SITE LEMAY AVE.EAST VINE DR. MULBERRY RD. Sheet Of 2 SheetsTHE LANDING AT LEMAY NORTH PARCEL REZONE NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.comPROPERTY DESCRIPTION: PARCEL 1: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO WHICH CONSIDERING THE WEST LINE OF THE SAID NORTHWEST 1/4 AS BEARING SOUTH 02° 04' 03"' WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD WHICH BEARS SOUTH 02° 04' 03" WEST 80.00 FEET, AND AGAIN SOUTH 89° 36' 37" EAST 977.15 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE SOUTH 89° 36' 37" EAST 265.85 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE: THENCE SOUTH 02° 04' 03" WEST 420.81 FEET; THENCE SOUTH 89° 36' 58" EAST 58.51 FEET; THENCE SOUTH 50° 01' 54" EAST 914.21 FEET TO THE MOST NORTHERLY CORNER OF FORT COLLINS CENTER - SECOND FILING; THENCE ALONG THE BOUNDARY LINE OF SAID SECOND FILING, SOUTH 39° 58' 06" WEST 658.00 FEET TO THE NORTHWEST CORNER OF FORT COLLINS BUSINESS CENTER - THIRD FILING; THENCE NORTH 50° 01' 54" WEST 150.00 FEET; THENCE SOUTH 33° 06' 53" WEST 350.16 FEET; THENCE NORTH 87° 55' 57" WEST 294.16 FEET; THENCE NORTH 02° 04' 03" EAST 38.81 FEET; THENCE NORTH 87° 55' 57" WEST 204.00 FEET: THENCE NORTH 02° 04' 03" EAST 62.53 FEET; THENCE NORTH 87° 55' 57" WEST 503.00 FEET; THENCE NORTH 02° 04' 03" EAST 24.72 FEET TO A POINT ON THE PROPOSED EASTERLY LINE OF LEMAY AVENUE; THENCE ALONG SAID EASTERLY LINE, NORTH 38° 58' 00" EAST 680.12 FEET; AND AGAIN ALONG THE ARC OF A 1125.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 652.52 FEET, THE LONG CHORD OF WHICH BEARS NORTH 22° 21' 01" EAST 643.41 FEET. AND AGAIN NORTH 05° 44' 03" EAST 427.39 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENTS RECORDED OCTOBER 17, 1986 UNDER RECEPTION NO. 86060308, NOVEMBER 13, 1986 UNDER RECEPTION NO. 86066341, MARCH 6, 1988 UNDER RECEPTION NO. 88025752 AND MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 2: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE ALONG SAID WEST LINE, NORTH 00° 33' 51" EAST, 993.59 FEET; THENCE, SOUTH 89° 26' 09" EAST, 794.24 FEET, SAID POINT ALSO BEING ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20070066749; THENCE ALONG THE NORTH AND WEST LINES OF SAID TRACT THE FOLLOWING 2 COURSES AND DISTANCES: SOUTH 89° 26' 09" EAST, 26.74 FEET; THENCE, SOUTH 00° 33' 51" WEST, 14.55 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE SOUTH 60° 52' 44" EAST, 100.36 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 86066341; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID TRACT THE FOLLOWING 4 COURSES AND DISTANCES: SOUTH 89° 26' 09" EAST, 115.85 FEET; THENCE, SOUTH 00° 33' 51" WEST, 38.31 FEET; THENCE SOUTH 89° 26' 09" EAST, 294.18 FEET; THENCE, SOUTH 31° 36' 41" WEST, 162.07 FEET; THENCE DEPARTING SAID EASTERLY LINE, NORTH 60° 52' 44" WEST, 371.65 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENT RECORDED MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 3: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, , COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE ALONG SAID WEST LINE, NORTH 00° 33' 51" EAST, 993.59 FEET; THENCE, SOUTH 89° 26' 09" EAST, 794.24 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20070066749; THENCE ALONG THE NORTH AND WEST LINES OF SAID TRACT THE FOLLOWING 2 COURSES AND DISTANCES: SOUTH 89° 26' 09" EAST, 26.74 FEET; THENCE, SOUTH 00° 33' 51" WEST, 14.55 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE DEPARTING SAID WEST LINE, NORTH 60° 52' 44" WEST, 30.44 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENT RECORDED MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. LINCOLN AVE. D U F F D R . DESCRIPTION OF REZONING PARCEL (SEE NOTE #11): A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE SAID NORTHWEST 1/4 AS BEARING NORTH 88° 53' 46" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, BEING MONUMENTED WITH A #6 REBAR AND 3 1/4" ALUMINUM CAP, STAMPED WITH PLS# 17497, AND CONTINUING ALONG SAID NORTH LINE NORTH 88° 53' 46" EAST 1240.70 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01° 05' 44" EAST 79.71 FEET TO A #4 REBAR WITH NO CAP, ALSO BEING THE POINT OF BEGINNING; THENCE, SOUTH 00° 30' 20" WEST FOR A DISTANCE OF 417.97 FEET; THENCE, SOUTH 88° 15' 17" EAST FOR A DISTANCE OF 57.91 FEET; THENCE, SOUTH 51° 31' 56" EAST FOR A DISTANCE OF 914.10 FEET; THENCE, SOUTH 38° 27' 14" WEST FOR A DISTANCE OF 377.87 FEET; THENCE, NORTH 51° 26' 39" WEST FOR A DISTANCE OF 966.76 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; SAID CURVE BEING CONCAVE TO THE WEST WITH A DELTA OF 02° 27' 28", HAVING A RADIUS OF 1380.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 25° 09' 56" EAST FOR A DISTANCE OF 59.19 FEET; THENCE, NORTH 23° 56' 12" EAST FOR A DISTANCE OF 89.54 FEET TO THE BEGINNING OF A CURVE, SAID CURVE BEING CONCAVE TO THE WEST, WITH A DELTA OF 25° 03' 25", HAVING A RADIUS OF 1005.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 11° 24' 30" EAST FOR A DISTANCE OF 436.02 FEET; THENCE NORTH 01° 07' 15" WEST A DISTANCE OF 117.25 FEET THENCE NORTH 88° 44' 21" EAST FOR A DISTANCE OF 75.67 FEET TO THE POINT OF BEGINNING Page 130 Item 12. NORTHEAST CORNER SECTION 7-T7N-R68W 2005 V.P. FND #4 REBAR NO CAP FND #4 REBAR NO CAP FND #4 REBAR NO CAP POINT OF COMMENCEMENT NORTHWEST CORNER SECTION 7-T7N-R68W FND #6 REBAR W/3 1/4" ALUMINUM CAP, PLS 17497 1993 FND #4 REBAR NO CAP Delta= 6°25'29" R=1578.00' L=176.94' (M) Dir= N35°25'41"E Chord= 176.85'(M) N40°06'15"E 217.06'Delta= 8°47'50" R=1380.00' L=211.89' (M) Dir= N28°20'07"E Chord= 211.68' (M) N23°56'12"E 89.54' Delta= 25°03'25" R=1005.00' L=439.51' (M) Dir= N11°24'30"E Chord= 436.02' (M) N01°07'15"W 117.25' (M) N88°44'21"E 75.67'(M) S00°30'20"W 417.97'(M) S88°15'17"E 57.91' ( M ) S 5 1 ° 3 1 ' 5 6 " E 9 1 4 . 1 0 '(M) S38°27'14"W 657.86' ( M ) N 5 1 ° 3 3 ' 3 9 "W 1 5 0 . 0 4 '(M) S31°35'52"W 512.11'(M ) N 6 0 ° 5 2 ' 5 8 " W 8 6 3 . 8 8 '(M) N38°38'25"E 386.00'LEMAY AVENUE(PUBLIC ROW VARIES)D U F F D R I V E (7 6 ' P U B L I C R O W ) 5' TEMPORARY EASEMENT REC. NO. 20160036318 (M) N88°53'46"E 5210.14'LOT 1FORT COLLINS BUSINESS CENTERTHIRD FILINGOWNER: JAY-TEX AVIATION INC.PARCEL 2 PARCEL 3 C A P S T O N E C O T T A G E S CA P S T O N E C O T T A G E SPLUMWOODLANE LOT 6OWNER: ROMERO-VARGASALEJANDRO EMILIOFORT COLLINS BUSINESS CENTERSECOND FILINGTRACT AOWNER: AIRPARKINDUSTRIALDEVELOPMENT LLCLOT 1AMENDED LOTS 7 & 8 OFFORT COLLINS BUSINESSCENTER SECOND FILINGOWNER: SIB PROPERTIES LLC N . L I N K L A N E UNPLATTED OWNER: AIRPARK INDUSTRIAL DEVELOPMENT LLC FND BRASS TAG IN CONCRETE OF CHAIN LINK FENCE CORNER LS #57963 FND #4 REBAR SAN CRISTO PUD SECOND FILING SAN CRISTO PUD OWNER: CITY OF FORT COLLINS N01°05'44"W 79.71' (TIE) UNPLATTED OWNER: AIRPARK INDUSTRIAL DEVELOPMENT LLC UNPLATTED OWNER: CITY OF FORT COLLINS UNPLATTED OWNER: UNAVAILABLE POINT OF BEGINNING FND #4 REBAR BASIS OF BEARINGS NORTH LINE OF SECTION 7-T7N-R68W E. VINE DRIVE (PUBLIC ROW VARIES) PROPOSED ZONING (SEPARATE DOCUMENT): MMN (MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT) 744,987 sq. ft. ± 17.103 acres ± EXISTING ZONING: I (INDUSTRIAL) PROPOSED ZONING: MMN (MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT) 409,407 sq. ft. ± 9.399 acres ± PARCEL 1 PARCEL 1 1240.70' 3969.44' (R ) N 6 0 ° 5 2 ' 4 4 " W (R) S89°36'37"E (R) S02°04'03"W 420.81'(R) S89°36'58"E 58.51' ( R ) S 5 0 ° 0 1 ' 5 4 " E 9 1 4 . 2 1 '(R) S39°58'06" 658.00'( R ) S 5 0 ° 0 1 ' 5 4 " E 1 5 0 . 0 0 '(R) S33°06'53"(R) S38°38'49"W 386.36' (R) S11°24'54"W 436.02' (R) S23°56'36"W 89.54' (R) S28°20'31"W 211.68'(R) S40°06'39"W 217.06' (R) S35°26'05"W 176.85'279.99'Delta= 6°20'23" R=1380.00' L=152.69' Dir= N29°33'51"E Chord= 152.62' S 5 1 ° 2 6 ' 3 9 " E 9 6 6 . 7 6 '377.87'Delta= 2°27'28" R=1380.00' L=59.19' Dir= N25°09'56"E Chord= 59.19' FND #4 REBAR NO CAP FND #4 REBAR NO CAPEASEMENT LINE RIGHT-OF-WAY SECTION LINE (R) = RECORDED (M) = MEASURED Symbol Legend FOUND CORNER FND SECTION CORNER Line Legend PROPERTY BOUNDARY PROPOSED REZONING BOUNDARY CALCULATED POSITION THE LANDING AT LEMAY NORTH PARCEL REZONE MAP A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 2 CITY OF FORT COLLINSLARIMER COUNTY, COLORADOSheet Of 2 SheetsNOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.comNORTH For and on behalf of Northern Engineering Services, Inc. Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 PRELIMINARY DRAFT 01-19-23 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N THE LANDING AT LEMAY NORTH PARCEL REZONE Page 131 Item 12. Industrial Land Use, Forecasts, and Absorption in Fort Collins Prepared for: Watermark Development Submitted by: Summit Economics October 5, 2021 Page 132 Item 12. Page 1 of 6 Research Scope 1. Review the most recent Fort Collins Comprehensive Plan to better understand Fort Collins’ industrial land development needs and goals. 2. Obtain and analyze data from Larimer County Assessor Office to determine industrial land absorption rates, with the focus being since 2000, in terms of acres and square feet of improvements. Overview The proposed site for the Watermark North Lemay multifamily site is located in a northeast Fort Collins transition zone influenced by the Cache la Poudre River and its natural areas to the west, agricultural lands to the northeast, legacy industrial land use to the west and southeast, Poudre Valley Hospital to the south, and Old Town Downtown to the west southwest. The site is close to the city border with the county and the Growth Management Area (GMA). This area can best be described as a hodgepodge of land uses. A closer view within roughly half to three quarters of a mile of the site shows land use dominated by a combination of big box, small independent industrial, large-scale brewing, newer higher density residential, and rural residential and agricultural lands. The old airport runway areas to the east are zoned as an employment center and the agricultural lands to the north and northeast are zoned for low and moderate density mixed use. Just to the east of the site, in the neighboring smaller unit industrial area, is the Fort Collins Creator Hub. A cursory review of land that appears vacant and zoned industrial shows that within Fort Collins and a mile from the site there are approximately 50 acres, plus an approximate 135 acres Employment Zone on the abandoned airport runway. In total this equates to 185 acres available for industrial/light industrial within the city, near the proposed development site. Outside the city, within the county GMA and within roughly a mile of the site are another 120 acres zoned industrial under Larimer County’s zoning. Page 133 Item 12. Page 2 of 6 Key Findings from the Fort Collins City Plan The “Fort Collins City Plan: Trends and Forces Report”, looked deeply into both “Buildout and Land Supply” and “Housing Access” for the City looking forward to 2040. The diminishing amount of vacant land within Fort Collins is obviously a point of concern for the city. The City Plan warns, “vacant buildable land within Fort Collins and its GMA is becoming increasingly scarce” and it is forecasted that the city will “exhaust its supply of vacant land by 2040.” To deal with this issue, the city has “promoted a compact development pattern by encouraging higher densities in infill and redevelopment areas.” The most pressing concern of the city’s development plans appears to revolve around this shrinking amount of vacant and buildable land and meeting future housing needs. In a stark observation the City Plan states, “The supply of land is not sufficient to meet our future housing needs”, and adds, “a forecast of future housing needs indicates that demand for housing will exceed the city’s capacity by around 2,000 units by 2040.” Given the concerns of the City regarding providing sufficient residential space for its growing population, and the projection that demand will exceed capacity prior to 2040, the following chart illustrates from where the additional residential development will need to come. The only other available vacant land is slated for either “Commercial/Mixed-Use”, “Employment”, or “Industrial”. The graphic below, taken from the City Plan, shows the total vacant land by use-type available today (on top of the box), the amount projected to be developed by 2040 (in the blue at the bottom), and the amount that is projected to still be vacant (i.e. “Surplus) come 2040 (amount in the center). Page 134 Item 12. Page 3 of 6 As can be seen, despite projecting that the land currently set aside for residential development will be exhausted by 2040, there is projected to be a “Surplus” of vacant land set aside for these other three categories, which includes industrial. Any additional residential development will need to come from one of the other areas. It is of interest that so much vacant land is set aside for industrial development. Currently, industrial land only accounts for 3% of land use in Fort Collins. However, 12% of current vacant land has this designation. Fort Collins Industrial Land Absorption since 2000 Reviewing data on all of the parcels in Fort Collins, from the Larimer County Assessor’s Office, we see that industrial construction has been minimal in Fort Collins since seeing a boom in the late 1980s (see chart below). Industrial construction peaked at 1750 acres of development in 1988, but has since dropped below even pre-1980s levels, despite the significant growth in population in the City and area. Between 1960 and 1980, the City saw an average of 72 acres of industrial development per year. Then, during the 1980 – 2000 years, this number increased to over 160 acres annually. However, since 2000, the number has dropped to only 35 acres, on average, per year of industrial development. 0 500 1000 1500 2000 1960 1970 1980 1990 2000 2010 2020 Fort Collins Industrial Acres Built by Year (since 1960) 0 50 100 150 200 250 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 Fort Collins Industrial Acres Built by Year (since 2000) Page 135 Item 12. Page 4 of 6 Development by square-footage presents a similar story. From 1960 to 1980, 66,093 square feet of industrial space was built, on average, annually. This spiked to over 126,000 sf between 1980 and 2000, before dropping to 62,038 sf between 2000 and 2020, and even further to 52,654 sf since 2010. What we see is a significant decrease in the development of industrial space in Fort Collins since the late 1980s and early 1990s, despite a significant growth in population since that time (165,000 in 2020 and 87,000 in 1990). Conclusion There appears to be ample acreage, both in the immediate area as well as in Fort Collins, if an industrial facility desired to locate in the northeast area of Fort Collins, with good availability on multiple sites in the City and the GMA within one mile of the proposed development site. This, combined with the overall decrease in industrial development in the City and the diminishing availability of residential land, would indicate that this property would likely better serve the city as a residential development site than an industrial one. By developing the proposed site into multifamily residential housing close to numerous employment opportunities, healthcare, outdoor recreation, big box retail, and downtown Fort Collins, well-located residential requiring less travel on average would be created. This potentially supports multi-modal transportation and sustainability objectives. The proposed multifamily use appears to be a unique, desirable, and feasible opportunity for Fort Collins to generate residential development on an infill basis. 0 200000 400000 600000 800000 1000000 1960 1970 1980 1990 2000 2010 2020 Fort Collins Industrial sf Built by Year (since 1960) 0 100000 200000 300000 400000 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 Fort Collins Industrial sf Built by Year (since 2000) Page 136 Item 12. Page 5 of 6 Appendix A: Current Land Use in Fort Collins and the GMA Page 137 Item 12. Development Review Staff Report Agenda Item 2 Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Commission Hearing: May 18, 2023 The Landing at Lemay Two Rezone & Structure Plan Map Amendment, #REZ230001 Summary of Request This is a request to amend the Structure Plan Map and rezone approximately 9 acres from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (MMN) zone district. The rezoning request was prompted by the approval of the first Landing at Lemay Rezoning, which created split zoning on a parcel of land and discussion amongst staff, project applicants, and the Planning and Zoning Commission about the logic of the remaining Industrial zoning north of the first Landing at Lemay site. Zoning Map Next Steps After receiving a recommendation from the Planning and Zoning Commission, the proposed Structure Plan amendment and rezoning will be presented to City Council for consideration of approval via ordinance. Site Location Located southeast of the Lemay Avenue overpass over Vine Drive. Petitioner Thompson Thrift Residential 111 Monument Circle, Suite 1500 Indianapolis, IN 46204 Owners John James & Marlena Niforos, Representatives of the Tonia Niforos Estate 705 14th Street SE 303 Loveland, CO 80537 Staff Ryan Mounce, City Planner Contents 1. Project Introduction .................................... 2 2. Public Outreach ......................................... 5 3. Land Use Code Article 2 Procedural Standards .......................................................... 5 4. Land Use Code Article 2 Standards .......... 6 5. Findings of Fact/Conclusion .................... 11 6. Recommendation ..................................... 11 7. Attachments ............................................. 11 Recommendation Approval Page 138 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 2 of 11 Back to Top 1. Project Introduction A. PROJECT DESCRIPTION The petitioners are requesting an amendment to the Structure Plan and Zoning Maps for a proposed 9.4-acre rezoning from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (MMN) zone district. The Structure Plan map is proposed to be changed from the Industrial Place Type to the Mixed Neighborhood Place Type to align with the proposed MMN zoning designation. There are no immediate development proposals for the property, however, the rezoning would alter the characteristic of future development from office and light industrial land uses to primarily residential land uses. Site & Zoning Vicinity Map Page 139 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 3 of 11 Back to Top B. BACKGROUND & CONTEXT The site was annexed in 1986 as part of the larger Fort Collins Business Center Annexation. Under the zoning designations at the time, the site was zoned Light Industrial (IL), conditioned upon the property being developed as a planned unit development. While development was contemplated for the site shortly after annexation in the 1980’s, the site remains vacant and undeveloped. In February 2023, City Council approved a rezoning request for the land immediately south of the property, known as The Landing at Lemay Rezoning, from the Industrial Zone District to the Medium Density Mixed- Use Neighborhood Zone District. A development proposal for multifamily dwelling on The Landing at Lemay Rezoning site is currently under review. The Landing at Lemay Two Rezoning site is the remainder of one parcel of land in the original Landing at Lemay Rezoning. When the first Landing at Lemay Rezoning was first submitted for review in 2021, staff and the project applicants discussed the merits of including the current site in the overall rezoning effort, however, unlike the boundaries of the first Landing at Lemay Rezoning, this site was not being immediately considered for a future development proposal. In addition, staff had recently begun the East Mulberry Corridor Plan update process and felt the land use designation for the site could be evaluated more holistically alongside other potential corridor-wide land-use and zoning changes. As the first rezoning moved through the review process the East Mulberry Corridor Plan was temporarily paused and the timeline to consider other corridor-wide land use changes was delayed in comparison to the first rezoning application. At the December 2022 Planning and Zoning Commission hearing on the first Landing at Lemay rezoning, concerns were raised about the viability and compatibility of the split zoning. Specific concerns included uncertainty about what buffering may or may not be needed given the direct interface of residential and industrial zoning designations, and that the characteristics and justification for the first Landing at Lemay rezone applied to an even greater degree to the remainder of the site. With these concerns in mind, staff encouraged the applicants for the first Landing at Lemay rezoning to submit this second rezoning request for Planning and Zoning Commission and City Council consideration. The rezoning request may resolve these zoning uncertainties in a more timely and direct approach rather than relying on the delayed East Mulberry Corridor Plan process. 1. Surrounding Zoning and Land Use North South East West Zoning Employment (E), Industrial Light (IL – Larimer County) Medium Density Mixed- Use Neighborhood (MMN – recently rezoned) Employment (E), Industrial Light (IL – Larimer County) Low Density Residential (RL), Low Density Mixed-Use Neighborhood (LMN) Land Uses Undeveloped land, Burlington Northern Santa Fe railroad yard Vacant land / Proposed multifamily dwellings Vacant land & various industrial and custom industry / workshop uses Single-unit dwellings, Institutional (Place of Worship, Museo de las Tres Colonias) Beyond adjacent land-uses, a prominent characteristic of the site is its isolation due to nearby edges and barriers which limit connectivity and visibility from several directions: North of the site, the Burlington Northern Santa Fe railroad tracks and switching yard prevent street connectivity from Vine Drive. Page 140 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 4 of 11 Back to Top West of the site features the the re-aligned Lemay Avenue as it curves and increases in height, building towards the overpass over Vine Drive. While the site has frontage along Lemay Avenue, visibility and direct access is limited due to grades. . Following future development, the site’s eastern edge will be defined by an extension of Cordova Road, a collector street that is intended to curve 90 degrees at the approximate location of its frontage with this site and then travel parallel to the old runways of the Fort Collins Airpark and connect with International Drive and Timberline Road. Given the older local streets of the airpark and the much wider right-of-way of newer collector street standards, Cordova Road is likelty to create a more defined edge between development on either side of the street once it has been constructed. C. OVERVIEW OF MAIN CONSIDERATIONS A primary consideration of the proposed rezoning is the discussion at the first Landing at Lemay Rezoning hearing in December 2022. Staff and commissioners discussed that this site, the remnant of industrial land resulting from the first rezoning, is characterized by the same conditions that justified the first Landing at Lemay Rezoning from the Industrial to Medium Density Mixed Use Neighborhood zon e district. In the case of access and visibility, this site may suffer even more than the first rezoning given its odd shape and location between a railroad switching yard and the highest portions of the Lemay Avenue overpass over Vine Drive. An additional concern was raised that by leaving this site under an industrial zoning designation, when the first Landing at Lemay multifamily proposal moves forward it will create a requirement for buffering between industrial and residential land uses while staff may be simultaneously planning zoning changes via updates to the East Mulberry Corridor Plan. The proposed rezoning would resolve the uncertainty over buffering requirements between the current Medium Density Mixed Use Neighborhood and Industrial interface, and in staff’s evaluation detailed below, would create a more logical and orderly development pattern by unifying a larger strip of MMN zoning as a buffer between industrial development to the east (Fort Collins Airpark and undeveloped Employment land) and the lower density residential neighborhoods to the west across Lemay Avenue. Five criteria govern the review and findings on rezonings. They can be paraphrased as ‘consistent with the comprehensive plan’; ‘warranted by changed conditions’; ‘compatible with surrounding uses’; ‘impacts to the natural environment’; and ‘a logical and orderly development pattern’. These criteria are explained and evaluated in detail within the staff analysis section of this report below and are substantially similar to the same characteristics and analysis provided by staff in the first Landing at Lemay Rezoning given the sites share a similar context. The first Landing at Lemay Rezoning included two staff recommended conditions of approval. One condition related to buffering requirements along the future Cordova Road right-of-way, which was ultimately not recommended by the Planning and Zoning Commission based on consideration that it would be substantially similar to buffering requirements that would also be applied during a Project Development Plan (PDP) review. Based on this prior discussion, staff is not recommending a similar condition of approval with this rezoning. A second set of staff conditions was recommended during the first rezoning related to encouraging stronger policy support for the change to a residential designation. Staff is not recommending these conditions for this rezoning as the site is substantially smaller in size and suffers to an even greater degree with visibility and access issues that are the primary justification criteria for the rezoning. In addition, the opportunity to create a more logical and orderly development pattern in association with the first rezoning lends additional support and justification without the need for the same set of conditions recommended with the first rezoning. Page 141 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 5 of 11 Back to Top 2. Public Outreach A. NEIGHBORHOOD MEETING A neighborhood meeting for the first rezoning was held in October 2021 and a meeting summary is attached. This first neighborhood meeting indicated rezoning boundaries that originally included this site. A separate neighborhood meeting to discuss only the second Landing at Lemay rezoning was not held. The applicant’s presentation focused on the proposed rezoning of the property from (I) to (MMN) zoning, and if approved, plans for a future three-story multifamily residential project. Other elements of the applicant presentation included highlighting opportunities and constraints of the property, such as proximity to Downtown and employment areas, as well as the site being located in a floodplain which will require mitigation measures for any future development of the property. Concerns from meeting participants primarily related to potential impacts from future residential development, including traffic, building heights, effects on wildlife, water availability, and suggestions to focus on trails and multimodal connectivity and a desire for different types of housing and retail or restaurants in the vicinity. B. PUBLIC COMMENTS: No public comments have been received. 3. Land Use Code Article 2 Procedural Standards A. PROCEDURAL OVERVIEW 1. Preliminary Design Review – PDR210013 A preliminary design review meeting was held on August 11, 2021. 2. Petition – REZ230001 The rezoning petition and Structure Plan Map amendment was received on January 27, 2023. 3. Neighborhood Meeting A virtual neighborhood meeting was held on October 4, 2021, via Zoom. 4. Notice (Posted, Written and Published) Posted Notice: January 30, 2023, Sign # 734 Written Hearing Notice: May 3, 2023, 391 addresses mailed. Published Hearing Notice: May 8, 2023 Page 142 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 6 of 11 Back to Top 4. Land Use Code Article 2 Standards A. DIVISION 2.9 – AMENDMENT TO ZONING MAP Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 2.9.4 – Map Amendment Review Procedures This Code Section enables City Council to approve a change to the zoning map after receiving a recommendation from the Planning and Zoning Commission; and contains the applicable standards governing rezoning of property, as follows: Any amendment to the Zoning Map involving the rezoning of land shall be recommended for approval by the Planning and Zoning Commission or approved by the City Council only if the proposed amendment is: Consistent with the City’s Comprehensive Plan; and/or Warranted by changed conditions within the neighborhood surrounding and including the subject property. Additional considerations for rezoning parcels less than 640 acres (quasi -judicial): Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Petitioners’ Justification: The petitioners’ justification and project narrative are attached and address these criteria. Staff Analysis: Staff analysis follows, for each criteria. Complies Staff Analysis: Is the proposed rezoning “Consistent with the City’s Comprehensive Plan”? Consistency with City Plan, Fort Collins’ comprehensive plan, comes from both the land use guidance provided by the Structure Plan Map and City Plan principles and policies. City Plan also encourages the review of more specific subarea plans, adopted as elements of City Plan. For this site, the 2002 East Mulberry Corridor Plan is relevant for additional context and guidance. City Plan & East Mulberry Corridor Plan – Land Use Framework: The existing City Plan Structure Plan Map identifies the site as part of the Industrial Place Type, consistent with its established industrial zoning. This industrial designation is also represented in the Land Use Framework Map of the 2002 East Mulberry Corridor Plan. These land use designations are not consistent with the proposed MMN zoning, and a Structure Plan Amendment is required alongside a rezoning to create the necessary alignment between site zoning and the land use guidance in these policy documents. Staff is currently working on updates to the East Mulberry Corridor Plan. If the proposed Structure Plan Map amendment and rezoning are approved by City Council, staff intends to reflect those changes in the upcoming Plan update. City Plan & East Mulberry Corridor Plan – Policies City Plan and East Mulberry Corridor Plan policies present a tension between a handful of policies that seek both to ensure the success and preservation of the community’s industrial and employment land supply, as well as policies seeking to Complies Page 143 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 7 of 11 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings maximize housing opportunities and the efficient use of land for housing located along transit and near employment and services. Relevant City Plan policies: Principle EH 4: Ensure that an adequate and competitive supply of space and/or land is available to support the needs of businesses and employers of all sizes. Policy LIV 5.1: To enhance community health and livability, encourage a variety of housing types and densities, including mixed-use developments that are well served by public transportation and close to employment centers, shopping, services, and amenities. The East Mulberry Corridor Plan also includes relevant policies addressing both additional housing opportunities and retention/expansion of industrial space and businesses within the Mulberry corridor: Principle EMC.LU-4: The East Mulberry Corridor study area supports the retention of existing industrial and agricultural business uses and their future expansion. Policy EMC.LU – 4.1: Existing and future industrial uses will be supported and focused along I-25 frontage and around the Fort Collins Downtown Airport area. Policy EMC.H-1.1: A variety of housing types will be developed within new neighborhoods and located close to neighborhood shopping, employment, and recreation. Either set of policies could be used to support either the existing industrial designation of the property to ensure a long-term supply of land available for industrial development, or for a residential rezoning given the site’s proximity to major employment centers, retail, and a direct to Downtown, including a transit route along Lincoln Avenue. Given the direction nearby zoning and land uses have been trending away from industrial development, including multiple private and City-led rezonings, staff’s evaluation is the rezoning is supportable under the policy guidance to encourage housing that is in close proximity to shopping, transit, and employment. The site’s limited size and constraints related to visibility and accessibility, discussed in the next criteria, indicate the loss of potential industrial capacity is minimal and would not be detrimental to the other policy guidance encouraging a competitive supply of industrial land in the community. Staff Analysis: Is the proposed rezoning “Warranted by Changed Conditions Within the Neighborhood Surrounding and Including The site's current industrial designation (and equivalent designations under prior zoning) date to the property's annexation in the mid-1980s. The site was located in the middle of a larger geographic area of industrial zoning split between the City and Larimer County. To the south and west included other undeveloped or partially developed industrial land along Lincoln Avenue and Buckingham Street and to the east is the established airpark in Larimer County, featuring smaller-scale workshop and custom small industry businesses. Over the three decades since annexation and zoning, the vicinity has seen both physical, adjacent zoning, and market-based changes that have altered the suitability for certain types of industrial uses. Complies Page 144 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 8 of 11 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings the Subject Property”? Visibility & Connectivity Following annexation and zoning, early plans for the site included the possibility of a larger industrial planned unit development and older annexation agreements from the 1980s indicated future local streets would be constructed through the site and intersect with Lemay Avenue. With the realignment of Lemay Avenue and the new overpass over Vine Drive, the site no longer has direct arterial street access and suffers reduced ground-level visibility due to the grade of the nearby overpass. Visibility and street connectivity from the north is also limited by the BNSF railroad yard. For certain types of industrial development such as logistics and warehousing, these visibility and accessibility impacts, as well as the site’s odd shape and smaller size, may reduce the suitability of the site for this type of industrial development. The City Plan Employment Land Demand Analysis, attached, weighs visibility and direct arterial and highway accessibility as some of the most important factors for industrial and employment development suitability. Changes in Adjacent Zoning There have also been prominent reductions in the amount of industrially zoned land around the project site. In 2015 and early 2023, two properties to the southwest were rezoned from (I) to (MMN) and now feature a residential project (Capstone Cottages) with attached and duplex housing and a proposal under review for multifamily dwellings. Combined with the Andersonville and San Cristo neighborhood to the northwest, the site now abuts primarily residential rather than industrial zoning. Part of the rationale for the Capstone Cottages rezoning was that the former Link-N- Greens golf course was rezoned from Public Open Lands (POL) to what is now the Downtown (D) zone district to accommodate the new Woodward headquarters. This resulted in a large net increase in employment in the vicinity, even factoring in the loss of industrial land that became Capstone Cottages. West of the site along Lincoln Avenue, former industrially zoned properties were also recently included in a new sub-district of the Downtown (D) zone, recognizing the growing shift in this area’s activity from traditional industrial developments such as supply yards, manufacturing, and outdoor storage, to an area increasingly focused on services and retail/tourism activities anchored by breweries. Most recently in early 2023, a portion of the same parcel as this site was also rezoned to the Medium Density Mixed Use Neighborhood zone district as part of the first Landing at Lemay Rezone. Given these rezonings and shifts in prior industrial activities, the site is now on the edge of an industrial area rather than being within the middle of a broader industrial district as envisioned in the 1980’s when the site was first annexed and zoned. Market Dynamics / Industrial Development Demand & Available Sites With policy direction in City Plan encouraging a long-term adequate supply of industrial and employment land, staff also requested updated market and industrial development history information from the applicants when considering the first Landing at Lemay Rezoning. Summit Economics, hired by the applicant team, provided information that since 2000 the average annual industrial development square footage built per year in Fort Collins is approximately 55,000 square feet. While larger spikes of industrial demand were observed in the 1980s and 1990s, the last several decades have observed flat or even slightly decreasing industrial demand and development in Fort Collins even as the population has continued to grow. Page 145 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 9 of 11 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings If these trends persist, Fort Collins should have ample industrial land available for new development through 2040 and beyond. The most recent 2018 City Plan Trends and Forces Report, attached, provided an estimate of 850 acres of remaining vacant industrial land in the community. Assuming a 20% floor area ratio for new industrial development, approximately seven acres of industrial land is needed each year to meet recent average annual industrial demand. This does not account for additional space achieved through redevelopment and intensification of existing sites, or development of industrial space and activities in other commercial zone districts which permit similar activities and land uses, such as custom small industry spaces. While overall available space and land needs may be met, the quality and suitability of the land is also an important factor. Larger sites with high visibility and highway access are particularly suitable for logistics/warehousing and industrial flex space and have been some of the most popular recent forms of new industrial development regionally/nationally. However, the inventory of sites in Fort Collins meeting the aforementioned criteria remain largely undeveloped. For example, l arge areas of industrial zoned properties located along I-25 between Mulberry Street and Mountain Vista Drive remain undeveloped. The City Plan Trends and Forces report documents the growing popularity of this style of industrial development with large warehouse space in back and office/workshop/retail activities located up front in multi-tenant spaces. In recent years, large new industrial flex developments have been constructed regionally in Loveland near I-25 and Crossroads Boulevard and in Johnstown east of I-25 and US34. Fort Collins has also seen several examples of this development in the Harmony Technology Park and the under construction Mulberry Connection development near I - 25 and Mulberry. Summary Since the original annexation and zoning of the site, adjacent infrastructure and zoning changes have eroded what was once planned as a larger and more cohesive industrial area. Due to rezonings and the reorientation of preexisting industrial land toward services, retail, and tourism-based activity, the site now sits at the edge of an industrial area rather than in the middle. Changes in visibility and access due to the construction of the Lemay Overpass may make the site less suitable for certain types of industrial development, while demand for industrial space in Fort Collins over the past several decades has been flat or slightly decreasing. Given the suitability characteristics of the site, demand trends, and the remaining inventory of industrial land in the community in more favorable locations, staff feels the City’s overall industrial land inventory for the future remains intact if the proposed rezoning is approved. Staff Analysis: “… Compatible with Existing and Proposed Uses… and is the Appropriate Zone District for the Land” The site now sits at the edge between two different types of land-uses and zoning: residential from the southwest to the north, and industrial/employment zoning from the northeast to southeast. While the zoning context remains mixed, the future Cordova Road right-of-way will partially buffer the site to the east and existing or future industrial and employment development, while the more immediate boundary with the site lies to the south with the newly rezoned Medium Density Mixed -Use Neighborhood zoning. Given these factors, the staff’s evaluation to minimize compatibility impacts is weighted towards the rezoning of the site to a residential designation. This would also help clarify buffering and compatibility requirements for the first Landing at Lemay Rezoning site that was discussed at its rezoning hearing. Other qualitative compatibility factors related to intensity or possible nuisance and quality-of-life issues are difficult to evaluate, especially for the industrial district which permits a large variety of land-uses and has more potential for direct visual or noise Complies Page 146 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 10 of 11 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings impacts given relaxed standards for industrial businesses to utilize outdoor storage, heavy machinery and/or the presence of larger vehicles. Alternatively, a multifamily proposal, the predominant type of development in MMN zoning may be considered a more intensive use of the land from a traffic or building height perspective when compared to some of the other nearby industrial development analogs in the nearby airpark. Ultimately, either land use would be expected to mitigate potential issues through Land Use Code compatibility and buffer standards when a specific development is proposed. In regard to impacts northwest of the site and the lower intensity residential uses in the RL and LMN zones, impacts may be partially moderated due to the visual and distance buffer provided by the overpass over Vine Drive and serve to improve compatibility whether the site remains I or is rezoned to MMN. Staff Analysis: “…Adverse Impacts on the Natural Environment…” The site does not contain any identified sensitive or natural features and a rezoning from (I) to (MMN) is not likely to substantially alter the level of intensity or impact on the natural environment from either a future industrial o r residential development. Aerial imagery indicates the potential presence or past presence of prairie dogs on the site and during any proposed future development will need to evaluate and provide mitigation measures, regardless of the site’s zoning. N/A / Complies Staff Analysis: “…a Logical and Orderly Development Pattern” The site’s vicinity features a mix of different zoning designations and land-uses and abuts both residential and industrial/employment zoning. Given the adjacent land uses and the lack of a more cohesive land-use pattern, staff finds the proposed rezoning would create a logical and orderly development pattern by extending an abutting area of MMN zoning and using the future extension of Cordova Road to establish a clear boundary and buffer between the more industrial airpark east of the site and the residential areas to the west. This reasoning would also resolve uncertainties about buffering requirements raised by the presence of directly abutting industrial and residential zoning raised in discussions during the first Landing at Lemay Rezoning hearing in December 2022. Under the City’s industrial zone district Land Use Code standards, buffers are to be established where the (I) district abuts residential zone districts or development as follows: A minimum eighty-foot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the City's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the City's jurisdictional boundary) is separated by a public street. Separately, there are also buffering requirements for residential development adjacent to industrial uses. From the perspective of this site, the buffering requirement would be 80-ft wide adjacent to the first Landing at Lemay rezoning under the current industrial zoning designation, further compromising this site’s size and viability for industrial development alongside the site’s existing access and visibility constraints. Also similar to the first Landing at Lemay rezoning, should this site be rezoned to a residential zoning designation, there may be portions of the site that will be required to buffer along the Cordova Road right of way where industrial uses exist to the east. Finally, an MMN zoning designation for the site follows similar zoning and intensity patterns established elsewhere in the community where multifamily residential and MMN zoning is typically utilized as an intermediate zone district between nearby commercial and industrial zoning and other lower intensity residential zone districts such as LMN or RL. Complies Page 147 Item 12. Planning and Zoning Commission Hearing - Agenda Item 2 REZ230001 | The Landing at Lemay Two Rezoning & Structure Plan Amendment Thursday, May 18, 2023 | Page 11 of 11 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings Extending beyond the immediate vicinity, the site also has access to well established employment areas along the Mulberry Corridor and Downtown, as well as the amenities and shopping Downtown and just south of Lincoln Avenue at the Lemay Crossing Shopping Center. Transit access on Lincoln Avenue in addition to the aforementioned features make this site well suited towards providing amenities for residential units. 5. Findings of Fact/Conclusion In evaluating the petition for The Landing at Lemay Two Rezoning and Structure Plan Amendment from Industrial (I) to Medium Density Mixed-Use Neighborhood (MMN), staff finds that the petition complies with the standards in Section 2.9. 6. Recommendation Staff recommends that the Planning and Zoning Commission approve a motion to recommend that City Council approve The Landing at Lemay Two Rezoning and Structure Plan Amendment, #REZ2300001, based on the analysis and Findings of Fact in the Staff Report. 7. Attachments 1. Rezoning Petition 2. Rezoning Map & Legal Description 3. Applicant’s Project Narrative & Justification 4. Industrial Land Use, Forecasts, and Absorption in Fort Collins Report 5. City Plan Land Employment Analysis 6. Neighborhood Meeting Summary 7. Staff presentation Page 148 Item 12. Fort Collins City Plan Employment Land Demand Analysis Prepared for: City of Fort Collins Prepared by: Economic & Planning Systems, Inc. Page 149 Item 12. Table of Contents 1.INTRODUCTION AND SUMMARY OF FINDINGS ................................................................... 1 Project Background ................................................................................................. 1 Summary of Findings ............................................................................................... 1 2.ECONOMIC CONDITIONS AND TRENDS ........................................................................... 4 Regional Economic Base and Trends .......................................................................... 4 City Employment Conditions ................................................................................... 11 3.REAL ESTATE DEVELOPMENT CONDITIONS AND TRENDS .................................................... 16 National Trends .................................................................................................... 16 Local Real Estate Development Conditions and Trends ................................................ 22 4.LAND DEMAND METHODOLOGY AND INPUTS .................................................................. 28 Methodology ........................................................................................................ 28 Future Land Demand ............................................................................................. 32 Page 150 Item 12. List of Tables Table 1 Fort Collins-Loveland MSA Current Employment Statistics, 1990 to 2017 ................ 6 Table 2 Larimer County Average Annual Wage by Industry, 2000 to 2016 ......................... 9 Table 3 Fort Collins Employment by Industry, 2016 ...................................................... 13 Table 4 Larimer County Commercial and Industrial Development Inventory ..................... 23 Table 5 Employee per Square Feet and Floor Area Ratio Factors ..................................... 30 Table 6 Larimer County Employment Forecast by Industry, 2016 to 2040 ........................ 31 Table 7 Fort Collins Estimated Employment Building and Land Demand, 2016 to 2040 ....... 32 Page 151 Item 12. List of Figures Figure 1 Larimer County Distribution of Jobs by Industry, 2016 ......................................... 5 Figure 2 Larimer County Change in Employment by Industry, 2010 to 2016 ........................ 7 Figure 3 Larimer County Largest Industry Average Annual Wage, 2016 ............................ 10 Figure 4 Fort Collins Location Quotient, 2016 ................................................................ 14 Figure 5 Larimer County Office Development, 2000 to 2017 ............................................ 25 Figure 6 Larimer County Retail Development, 2000 to 2017 ............................................ 26 Figure 7 Larimer County Industrial Development, 2000 to 2017 ...................................... 27 Figure 8 Employment Land Demand Methodology .......................................................... 28 Figure 9 Employment Forecast Methodology ................................................................. 29 Figure 10 Future Employees to Future Building Demand Methodology ............................. 30 Figure 11 Estimated Land Demand versus Supply, 2016 to 2040 ................................... 33 Figure 12 Buildable Lands Inventory .......................................................................... 34 Page 152 Item 12. Economic & Planning Systems, Inc. 1 163125-Df_EmploymentLandDemand.docx 1.INTRODUCTION AND SUMMARY OF FINDINGS Project Background The City of Fort Collins is updating its comprehensive land use and transportation plan—City Plan. A major component of the update to City Plan is the development of a revised Structure Plan map. The City has not done a major update to the Structure Plan map in 20 years. To inform the updates to the Structure Plan map and accompanying policies, an employment land demand study was desired. This report provides a summary of the employment land demand study. The report also contains summaries of regional and local employment conditions and trends; national and regional commercial and industrial development trends; and employment land demand estimates. Summary of Findings 1.The Fort Collins-Loveland MSA has rebounded from the economic recession of 2008 and 2009 and has grown at an accelerated pace since 2010. The rate of employment growth has increased significantly since 2010 in Larimer County. The annual rate of growth for employment in the County is less than found in the 1990's but the county is producing more total new jobs annually than in the 1990's. Employment has grown at annual rate of 3.2 percent since 2010 and adding 4,700 new jobs annually. 2.The major industries in Fort Collins including health care, education, retail trade and accommodations and food service continue to grow and produce new employment. The economic base of Fort Collins is driven by health care and education. Growth in these two industries has produced over 6,000 jobs since 2010 in Larimer County. Retail trade and accommodations and food services are also growing and producing several new jobs as the county continues to be regional hub for northern Colorado and southern Wyoming. 3.Professional services, manufacturing, clean energy and transportation and warehousing are emerging industries in Larimer County with significant employment growth since 2010. Professional and technical services is growing sector and is becoming one of the larger sectors in the region. Employment in transportation and warehousing is growing in the county but these jobs have largely not been locating in Fort Collins. Lastly, manufacturing has traditionally been a major industry in Fort Collins but the composition of manufacturing in Fort Collins and the county has shifted. Computer equipment manufacturing was a major component of the economy in the 1990’s and early 2000’s; however, employment has been declining in this subindustry. Manufacturing jobs have grown since 2010, driven by food and beverage manufacturing (e.g. brewing) and the growth of Woodward, Inc. Larimer County has an estimated 2,600 jobs related to Clean Energy and industry is bolstered in the City by research and development activities being generated through CSU. Page 153 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 2 4. Average wages in Larimer County are growing faster than inflation, however the majority of the wage growth is in industries with higher than average annual wages Wages in the county have grown at an annual rate of 5.7 percent since 2010. The City’s and County’s major industries are a mixture of below and above average wage industries. Industries with a below average annual wage (more than 20% less than the county average) accounted for 42 percent of new jobs in the county since 2010, however industries with above average wages (more than 20% greater than county average) accounted for 54 percent of the wage growth since 2010. 5. Employment in Larimer County and Fort Collins outpaced household growth since 2010 and is forecasted to through 2040. Employment continues to grow at a faster rate in the City and county than household growth and is forecast to continue. This miss-match in growth has several impacts on the community. From a workforce perspective, the miss-match puts greater pressure on an already tight labor market and has forced employers to aggressively seek ways to attract new workers to the region to fill jobs. The slower housing growth is increasing demand for housing, which is increasing housing prices within Fort Collins. The affordability of housing may impact the economic health of the City. 6. Fort Collins has captured a smaller share of commercial and industrial development over the past decade as the economic activity within the County has shifted toward I-25. The City of Fort Collins is capturing a smaller share of county employment oriented development. Development has been clustering desirable areas and the center of economic gravity for the county has shift from the US 287 corridor to the I-25 corridor. Much of the recent commercial and industrial development has gravitated to I-25 or along arterials connecting to I-25, such as US 34, Harmony Road and Mulberry Street. The shift to the east has resulted in greater opportunities for neighboring communities. Fort Collins captured less than half of county wide development for commercial and industrial space over the past 10 years despite account for the majority of total space for all three uses (retail, office, and industrial). 7. The City has an adequate supply of land for employment uses however the land may not be development ready or in locations that are competitive for capturing future employment growth. Employment forecasts estimate the County will grow in employment by 85,000 jobs by 2040, with jobs within the City's targeted industries and other primary industries account for 44 percent of job growth. The City has a total supply of buildable employment lands that exceeds estimated demand. The forecast new jobs are estimated to generate demand for 22 million square feet of new commercial and industrial development, with Fort Collins capturing 7.5 million square feet of new space (33 percent of county demand). This estimated new development will require an estimated 600 acres of land and the City has approximately 2,900 acres designated for employment uses. The majority of employment land capacity is on the edge of the City in the northeast portion of the Growth Management Area (GMA) and is in many cases lacking existing infrastructure. Areas that have been capturing new development within the City (primarily downtown area and Harmony Road) have limited Page 154 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 3 capacity for new development. The excess capacity would suggest that the City could be more flexible with use of employment lands in some areas. As well, the City should also focus efforts on a few primary areas to capture employment growth similar to their historic efforts along Harmony Road. The buildable lands designated for residential may need to be re- evaluated during the City Plan process as they may be better suited for employment lands (and vice-versa). Page 155 Item 12. Economic & Planning Systems, Inc. 4 163125-Df_EmploymentLandDemand.docx 2. ECONOMIC CONDITIONS AND TRENDS This chapter provides a summary of the economic conditions and trends impacting Fort Collins. Trends in employment for the Larimer County and the City of Fort Collins are summarized. Regional Economic Base and Trends Fort Collins is the largest city (population) and economy (jobs) along the northern Front Range of Colorado. The largest communities in the northern Front Range are Fort Collins and Loveland, within Larimer County, and Greeley in Weld County. Combined there is over 250,000 jobs in the two counties (60 percent in Larimer County and 40 percent in Weld County). Historically, these cities have functioned more like stand-alone communities with distinct economies, but as the region grows the communities are becoming more intertwined. As a result, the economic activity has shifted somewhat away from the traditional downtown/city centers towards Interstate 25. Northern Colorado communities are becoming more intertwined in terms of employment and labor force, which has pushed economic leaders to begin discussions on how to work together to address these collective economic opportunities. Economic Base The City of Fort Collins is the county-seat and economic center of Larimer County, also known as the Fort-Collins metropolitan statistical area (MSA). The largest industries in Larimer County are Health Care (21,111 jobs), Retail Trade (18,582 jobs), Accommodation and Food Service (18,175 jobs) and Education (17,295 jobs). Combined these four industries account for half of the jobs in Larimer County, as shown in Figure 1. Clean energy is a growing sector in Colorado’s economy. The components of Clean Energy include renewable energy, energy efficiency, advanced grid technology, advanced transportation, and clean fuels. Larimer County has an estimated 2,600 jobs related to Clean Energy. Page 156 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 5 Figure 1 Larimer County Distribution of Jobs by Industry, 2016 Employment Trends Over the past 30 years, the County has grown steadily in employment with periods of accelerated employment growth. Employment in the County grew by 4.5 percent annually from 1990 to 2000, as shown in Table 1. The two national economic recessions (01) and (08-09) that occurred from 2000 to 2010 reduced the rate of employment growth in the County to 0.8 percent annually. Since 2010 however, the County has begun to grow at a faster rate (3.2 percent annually from 2010 to 2016), producing more new jobs annually in this period than in the 1990’s. Health Care and Social Assistance, 14% Retail Trade, 12% Accommodation and Food Services, 12% Educational Services, 11%Manufacturing, 9% Professional and Technical Services, 7% Construction, 7% Administrative and Waste Services, 6% Public Administration, 5% Wholesale Trade, 3% Other Services, Ex. Public Admin, 3% Finance and Insurance, 2% Transportation and Warehousing, 2% Arts, Entertainment, and Recreation, 2% Information, 2% Real Estate and Rental and Leasing, 2% Management of Companies and Enterprises, 1% Agriculture, Forestry, Fishing & Hunting, 1%Utilities, 0% Mining, 0% Source:Colorado Dept. of Labor and Employment Page 157 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 6 Table 1 Fort Collins-Loveland MSA Current Employment Statistics, 1990 to 2017 Description 1990 2000 2010 2017 Total Ann.#Ann. %Total Ann.#Ann. %Total Ann.#Ann. % Total Nonfarm 79,200 123,400 133,900 167,100 44,200 4,420 4.5% 10,500 1,050 0.8% 33,200 4,743 3.2% Total Private 60,800 98,700 104,400 128,200 37,900 3,790 5.0% 5,700 570 0.6% 23,800 3,400 3.0% Goods Producing 18,000 25,200 18,100 25,600 7,200 720 3.4% -7,100 -710 -3.3% 7,500 1,071 5.1% Service-Providing 61,200 98,200 115,800 141,500 37,000 3,700 4.8% 17,600 1,760 1.7% 25,700 3,671 2.9% Source: US Bureau of Labor Statistics Current Employment Statistics (CES): Economic & Planning Systems E:\Fort Collins\[163125-Employment Trends-1-8-18.xlsx]Table 1-CES Change 2010-20172000-20101990-2000 Page 158 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 7 Larimer County had a total wage and salary employment of 153,103 in 2016, which is an increase of approximately 26,500 jobs since 2010. The traditional major industries in the County (Health Care, Retail, Food/Accommodations, and Education) continue to experience strong employment growth. The industries with the largest amount of employment increase since 2010 were Health Care (4,443 new jobs), Accommodation and Food Service (3,952 new jobs), Construction (3,153 new jobs), and Manufacturing (2,739 jobs), as shown in Figure 2. Figure 2 Larimer County Change in Employment by Industry, 2010 to 2016 21 185 190 241 327 352 481 493 495 517 735 862 1,469 1,864 1,886 2,054 2,739 3,153 3,952 4,443 0 1,000 2,000 3,000 4,000 5,000 Utilities Agriculture, Forestry, Fishing & Hunting Mining Information Administrative and Waste Services Management of Companies and Enterprises Public Administration Real Estate and Rental and Leasing Finance and Insurance Arts, Entertainment, and Recreation Transportation and Warehousing Other Services, Ex. Public Admin Wholesale Trade Professional and Technical Services Educational Services Retail Trade Manufacturing Construction Accommodation and Food Services Health Care and Social Assistance Source:Colorado Dept. of Labor and Employment Page 159 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 8 Emerging industries in the county that are experiencing stronger growth than traditionally found in the community include manufacturing, logistics (wholesale trade and transportation and warehousing), and professional and technical services. Manufacturing has been growing at an annually rate of 3.9 percent since 2010 after declining in employment during the previous decade. In the 1990’s and early 2000’s, manufacturing was by computer and electronic product manufacturing, anchored by Hewitt-Packard. The recent growth has been more diversified within a variety of manufacturing subindustries, spurred on by growth in food and beverage manufacturing (e.g. breweries) and the growing presence of Woodward, Inc. The growth of the region in population and employment has increased demand for logistics related industries. Lastly, business services (which includes professional and technical services and also administrative support services) has traditionally been a growing industry in the region, but in the past six years professional services jobs have grown by over 1,800 jobs while growth in administrative services has been relatively flat. Wage Trends The average annual wage in Larimer County was $56,987 in 2016, as shown Table 2. Wages in the past six years have grown at a healthy 5.7 percent annual rate compared to 2.3 percent annually in the 2000’s, indicating that even when accounting for inflation, wages are growing significantly. Page 160 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 9 Table 2 Larimer County Average Annual Wage by Industry, 2000 to 2016 Description 2000 2010 2016 Total Ann.#Ann. %Total Ann.#Ann. % Agriculture, Forestry, Fishing & Hunting $20,842 $28,302 $33,123 $7,460 $746 3.1% $4,822 $804 2.7% Mining $33,748 $46,061 $60,825 $12,313 $1,231 3.2% $14,764 $2,461 4.7% Utilities $48,315 $68,556 $85,041 $20,241 $2,024 3.6% $16,485 $2,748 3.7% Construction $34,156 $44,940 $53,649 $10,784 $1,078 2.8% $8,710 $1,452 3.0% Manufacturing $60,184 $73,722 $82,669 $13,538 $1,354 2.0% $8,947 $1,491 1.9% Wholesale Trade $37,190 $53,071 $65,326 $15,881 $1,588 3.6% $12,255 $2,043 3.5% Retail Trade $20,333 $23,680 $27,855 $3,347 $335 1.5% $4,175 $696 2.7% Transportation and Warehousing $29,335 $38,963 $43,522 $9,628 $963 2.9% $4,559 $760 1.9% Information $39,041 $48,722 $49,659 $9,680 $968 2.2% $937 $156 0.3% Finance and Insurance $40,277 $50,967 $70,103 $10,690 $1,069 2.4% $19,136 $3,189 5.5% Real Estate and Rental and Leasing $23,373 $31,620 $43,845 $8,247 $825 3.1% $12,225 $2,038 5.6% Professional and Technical Services $41,143 $69,407 $82,796 $28,264 $2,826 5.4% $13,389 $2,232 3.0% Management of Companies and Enterprises $41,269 $84,847 $140,357 $43,578 $4,358 7.5% $55,510 $9,252 8.8% Administrative and Waste Services $21,239 $28,906 $34,798 $7,667 $767 3.1% $5,892 $982 3.1% Educational Services $31,910 $39,091 $44,125 $7,180 $718 2.1% $5,034 $839 2.0% Health Care and Social Assistance $31,010 $42,583 $47,498 $11,572 $1,157 3.2% $4,916 $819 1.8% Arts, Entertainment, and Recreation $14,737 $22,855 $24,678 $8,118 $812 4.5% $1,823 $304 1.3% Accommodation and Food Services $10,923 $14,665 $18,022 $3,742 $374 3.0% $3,357 $560 3.5% Other Services, Ex. Public Admin $20,388 $28,061 $34,048 $7,673 $767 3.2% $5,987 $998 3.3% Public Administration $38,607 $55,219 $60,784 $16,612 $1,661 3.6% $5,565 $928 1.6% Unclassified ---$60,293 $68,445 Total $32,394 $40,810 $56,987 $8,417 $842 2.3% $16,176 $2,696 5.7% Source: Colorado Dept. of Labor and Employment QCEW; Economic & Planning Systems Change 2010-20162000-2010 Page 161 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 10 The City’s six largest industries have a wide variety of average annual wages, with some much higher than average and some well below the County average. Education and Health Care have average wages of $44,125 and $47,498, which are slightly below average, as shown in Figure 3. Retail Trade and Accommodations and Food Service have average annual wages that are less than half of the County average. This reflects both lower hourly wage rates as well as higher percentage of part time jobs in these industries. Manufacturing and Professional and Technical Services have higher than average annual wages of $82,669 and $82,796 respectively. Figure 3 Larimer County Largest Industry Average Annual Wage, 2016 Recent employment growth by industry was split based on average wages for that industry to understand how even the growth in employment has been between low paying, medium paying and high paying industries. Industries with an average annual wage greater than 20 percent less than the county average of $56,987 were considered below average wage industries (less than $46,000 annually). Industries with an average wage greater than 20 percent more than the county average were considered above average wage industries (greater than $68,000). Lastly, industries with an average wage within 20 percent of the average wage for the county were considered average wage jobs. From 2010 to 2016, below average wage jobs accounted for 42 percent of new jobs in the county, with majority within retail and accommodations and food service. Thirty eight percent of new jobs since 2010 were in average wage paying industries, with health care accounting for half of those jobs. Lastly, above average wage paying industries accounted for 21 percent of employment growth. $44,125 $47,498 $27,855 $18,022 $82,669 $82,796 $56,987 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 Education Health Care Retail Trade Accommodations and Food Service Manufacturing Professional and Technical Services Larimer County AverageSource:Colorado Dept. of Labor and Employment Page 162 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 11 City Employment Conditions The City of Fort Collins is the economic center of the northern Colorado region. Fort Collins accounts for over 55 percent of the employment in the Fort Collins/Loveland Metropolitan Statistical Area (MSA), with over 85,000 jobs in Fort Collins, with Colorado State University as the largest employer in the region. The economic strengths of Fort Collins are aligned with the identity of the City. Fort Collins is a community with quality educational options and natural assets and amenities that promote and encourage a healthy lifestyle. The two largest industries in Fort Collins, Education and Health Care, reflect these major assets. These assets that have produced an educated workforce and a high quality of life have historically attracted large employers in manufacturing and technology to locate in the city. Economic Base Organization The City’s 2015 Economic Health Strategy Plan provides the roadmap for addressing the threats the city’s economy faces and the opportunities it has for economic growth and diversity. The plan is organized around five major themes; • Community prosperity – Enhancing opportunities for all residents to participate in the local economy. • Grow our own – Continuing the City’s history of producing new innovations and new businesses through entrepreneurship and investment in research and development. • Place matters – A commitment to developing and maintaining the assets and amenities needed to support economic growth. • The climate economy – Helping the business community adapt to the challenges presented by climate change and leveraging opportunities to create new economic activity through innovation in climate adaptation. • Think regionally – Shifting and embracing the benefits in addressing economic health issues and opportunities through regional collaboration and strategies. The City of Fort Collins has a total employment of approximately 85,000 jobs, as shown in Table 3. Traditionally, the economy has been driven by education and health care. However, the City has a long history of entrepreneurship and development of new ideas and products that serve not just residents but the nation and the world. The City’s targeted industries are advanced manufacturing, health care and bioscience, and computer technology design and development. These are primary job industries that produce goods and service exported to the nation and the world. The City’s economic health strategy also targets economic activities that are unique to Fort Collins, that not only create products and services but creates the quality of life and culture that fosters innovation. Examples of these industries and activities include breweries, bike manufacturing, local foods, and arts and culture. Lastly, the City is committed to identifying ways to leverage the impacts of climate change to create opportunities to foster innovation in climate adaptation through clean energy and other industries. Defining clean energy and the climate economy through the traditional NAICS industries is difficult as many industries are involved in these activities so specific sector is not isolated, but the clean energy economy is represented in the several of the City’s target industries and other primary industries, including manufacturing, professional and technical Page 163 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 12 services, mining/oil and gas, and others. As well, the City’s utilities and other utility providers play a major role in the City’s efforts to foster innovation in clean energy and climate adaptation. The economic base was organized into three categories to help illustrate the composition of the City’s employment and also the importance of the industries the City has targeted. Industries identified as target industries and other primary industries account for 48 percent of the City’s employment base, as shown in Table 3. The other components of the economy are industries that support the business community (Business Support Services) and industries that support the residents of the city (Community Support Services). Business support service industries account for 16 percent of the economic base, and community support services industries account for 36 percent of employment. The purpose of this organization is to isolate the industries that drive the economy to analyze what is needed to support these industries and estimate the demand for new development. The policies and locations needed to support these target industries are a key focus of City Plan. Organizing the industries in Fort Collins by business and community support industries also helps understand the demand related to how and where to support the target and primary businesses and how to support residents’ quality of life. Page 164 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 13 Table 3 Fort Collins Employment by Industry, 2016 Sector 2016 Jobs % of Jobs Target and Other Primary Industries Hospitals and Health Providers 9,885 12% Education 14,268 17% Food and Beverage Production/Agriculture 1,718 2% Manufacturing 5,733 7% IT/Technology Development 446 1% Professional and Technical Services 7,080 8% Management of Companies 459 1% Mining/Oil and Gas 51 0% Arts and Entertainment 1,252 1% Target/Primary Industries Total 40,891 48% Business Support Services Utilities 355 0% Construction 2,443 3% Wholesale Trade 1,267 1% Transportation and Warehousing 645 1% Information (non-internet)856 1% Finance and Insurance 2,206 3% Real Estate and Rental and Leasing 1,600 2% Administrative and Waste Services 4,657 5% Business Support Services Total 14,029 16% Community Support Services Nursing/Social Assistance 3,712 4% Retail Trade 9,887 12% Accommodation and Food Service 9,720 11% Other Services 2,181 3% Public Administration 4,753 6% Community Support Services Total 30,252 36% Total 85,173 Source: Colorado Department of Labor; Quarterly Census of Employment and Wages, Economic & Planning Systems Page 165 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 14 Industry Specialization The largest industries in Fort Collins are also the industries that the City has higher concentrations of as compared to the State of Colorado. Education and Manufacturing have location quotients of 2.0 and 1.5 respectively, which means they have higher concentrations of employment in Fort Collins than in the State of Colorado, as shown in Figure 4. Fort Collins has much lower concentrations of Wholesale Trade and Transportation and Warehousing, as these industries have location quotients of 0.4 and 0.2, despite the growing number of jobs in these industries in Larimer County. Figure 4 Fort Collins Location Quotient, 2016 Workforce Conditions The Fort Collins Chamber of Commerce in concert with the City of Fort Collins and several other regional partners active in economic development commissioned studies of the workforce challenges and opportunities facing Fort Collins and northern Colorado. The most recent study, Talent 2.0, identified three major challenges related to workforce. • First, employment growth has been outnumbering the growth in workforce in the recent past, which is creating a tight labor market and putting more pressures on companies to be proactive in recruitment. • Second, the labor force is not expected to grow at the same rate that job openings will in the near term, putting more pressure on the labor market. • Third, an estimated quarter of the labor force in Larimer County is 55 years or older and many will retire over the next 10 years. The impact of these challenges on City Plan is the need to have a strategy that plans for a city that is attractive and accessible to a growing workforce. Housing diversity and affordability are key elements to the accessibility of the workforce. Another major concern coming out of the 2.0 1.5 1.2 1.1 1.1 1.0 1.0 1.0 0.9 0.8 0.8 0.6 0.6 0.5 0.5 0.4 0.4 0.4 0.2 0.1 0.0 0.5 1.0 1.5 2.0 2.5 Educational Services Manufacturing Health Care and Social Assistance Retail Trade Accommodation and Food Services Professional and Technical Services Public Administration Real Estate and Rental and Leasing Administrative and Waste Services Other Services, Ex. Public Admin Utilities Arts, Entertainment, and Recreation Finance and Insurance Information Construction Agriculture, Forestry, Fishing &… Management of Companies and… Wholesale Trade Transportation and Warehousing Mining Location Quotient Source: Colorado Department of Local Affairs; Economic & Planning Systems Higher Concentration -Fort Collins Higher Concentration -State of Colorado Equal Concentration Page 166 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 15 Talent 2.0 study was the rate of underemployment. An estimated 45 percent of labor force has a bachelor’s degree; however, only 20 percent of jobs require a college degree. The concern is much of the labor force is stuck in jobs that they are over-skilled or overqualified for. Page 167 Item 12. Economic & Planning Systems, Inc. 16 163125-Df_EmploymentLandDemand.docx 3. REAL ESTATE DEVELOPMENT CONDITIONS AND TRENDS This chapter includes a review of National real estate conditions and trends affecting real estate demand. It is followed by an analysis of office, retail, and industrial/flex development trend sin Larimer County. National Trends There are a number of trends impacting commercial and industrial development in the United States. These trends were analyzed and summarized below to understand their potential impact on commercial and industrial development in Fort Collins. Office Development Trends Office Park Development Nationally, office development is moving away from the single use, suburban office park or corporate campus to more mixed use, centrally located, and often transit-accessible locations in major urban areas. Much of this trend has been driven by shifting preferences from the workforce, especially younger, college educated Millennial-aged workers, who wish to have more access to amenities near work such as shopping, services, and dining. Their choice of place to live is being driven by considerations of quality of life and opportunity for employment. As result, employers are making decisions on locations based centrality of the workforce and locations that have an attractive quality of life. The focus on improving suburban business parks dates back at least 15 to 20 years. In 2002, the Urban Land Institute (ULI) published a study titled Ten Principles for Reinventing America’s Suburban Business Districts. The report authors state that existing suburban business districts “encompass a disparate group of isolated uses with little or no integration, a transportation system that is auto oriented and often hostile to pedestrians, and a near total absence of civic identity”. They suggest that in response to the social and economic forces identified above, there is a potential to “transform America’s more than 200 suburban business districts into more integrated live-work-shop places”. It also suggests that the same forces that led to the resurgence of central business districts in the 1990s—such as increasing development densities, improving pedestrian connections between buildings, and improving transit—will be focus of smart growth and the reinvention of suburban business districts. The report’s principles include: “Break up the Superblocks and Optimize Connectivity; Embrace Mixed Uses; Honor the Human Scale by Creating a Pedestrian-friendly Place: and Think Transit - Think Density”. Notable efforts are underway at some of the most prominent business parks including a new 50- year master plan for Research Triangle Park that allows for mixed use and higher densities, and a study to evaluate innovation district potentials for Stanford Research Park. In some of the most vibrant urban markets (including San Francisco, Boston, Seattle, and Denver), the appeal of the downtown mixed use environment has grown to the point where real estate values are higher downtown than in the premier suburban business districts, including rents, occupancy rates, and even absorption. A significant portion of the millennial workforce, particularly those employed in technology and other knowledge based industries, are showing a preference for living in Page 168 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 17 downtowns and other mixed use activity centers where they can live and work in close proximity with available transit to minimize dependencies on the auto or long commute to work. As a result there are a greater number of small businesses forming or locating in these urban, mixed use areas and even some notable examples of larger companies moving from the suburbs back to the central city. Office Space Trends More Efficient Office Space - Businesses are leasing less office space per person than in past years. Technology has reduced the need for space, and new workplace designs are more efficient. Open floor plans and shared spaces are becoming more common. In these settings, workers are freer to move around an office with a laptop and mobile phone. The National Association for Industrial and Office Parks (NAIOP) reported in 2015 that the average office lease size had dropped by approximately 10 percent from 2004 through 2014. Some of the trend in efficiency (more workers per square foot of building area) is driven by cost. Fast growing industries like technology are not necessarily cutting space requirements as they desire spacious and luxurious offices to attract the highest skilled talent. Slower growth industries such as law and accounting are reducing their space requirements to cut costs. Co-Working Space - Co-working space is a new type of office space in which tenants rent desk(s) space in a space shared with other workers and firms. They are popular with small new firms, which can be in any field including professional services, creative industries, and technology. Tenants have access to conference rooms and shared office equipment (e.g. printers). The benefits of co-working space are that they typically have lower tenant finish levels and lower cost than traditional office space and are flexible in that they give a firm a low-cost way to grow from one to a few employees. They also offer, and are marketed for, opportunities for collaboration and knowledge sharing with likeminded people and potential business partners. Some also offer events including networking, speakers, and skill development workshops. Co- working space is popular with entrepreneurs and remote workers. It is becoming more common in major and mid-sized cities but is still a small portion of the total office market. Fort Collins has captured its share of co-working spaces, primarily located in downtown and has an alliance (fo(co)works) of independent co-working spaces to jointly promote and market their spaces and events. Innovation Districts The centers of American innovation have evolved since the industrial revolution. The original locations for innovation were the concentrations of manufacturing jobs and large factories in cities in the same or similar industries (e.g. car manufacturing and Detroit). In the second half of the 20th century, innovation shifted to the suburban office/science park with clusters of firms in isolated campuses and buildings. The latest shift has been to areas with concentrations of assets, companies and institutions, often in urban areas, that foster innovation. Page 169 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 18 These concentrations have been identified, by Brookings Institute and others, as “Innovation Districts”. The Brookings Institute defines Innovation Districts as “geographic areas where leading-edge anchor institutions and companies cluster and connect with start-ups, business incubators, and accelerators. They are also physically compact, transit-accessible, and technically-wired and offer mixed-use housing, office and retail.” Their research suggests there are three general models for innovation districts: • Anchored Districts – These projects are clustered around major anchor research institutions and are typically in downtown or mid-town settings. Examples include the Kendall Square/ MID cluster in Cambridge; the University City/University of Pennsylvania cluster in Philadelphia; and the Saint Louis/Washington University and Saint Louis University cluster in Saint Louis. (The most applicable model for Fort Collins) • Re-imagined Urban Areas – These projects include revitalizing industrial districts and waterfronts in major urban areas including: San Francisco’s Mission Bay; Boston’s South Waterfront; and Seattle’s South Lake Union. • Urbanized Science Park – This model is focused around the urbanization and diversification of traditional business research parks. Examples include the new master plans for Research Triangle Park and Stanford Research Park as well as similar efforts at the University of Wisconsin-Madison, University of Virginia-Charlottesville, and University of Arizona-Tucson. The innovation district concept is a reaction to employment and workforce trends. The concept tries to leverage these trends. Innovation districts are promoted as being well suited to accommodate knowledge based economy. The U.S. economy is increasingly dependent on knowledge workers with skills to fill STEM related occupations. Research activities, firms, and jobs related to STEM fields are increasingly finding benefits to clustering of activities and of educated workers. The Innovation District concept provides the opportunity for these companies and activities to cluster in environments that foster interaction. Another benefit of the district concept is that it provides the connections to jump-start entrepreneurship. New business creation plays an increasingly important role in economic growth in communities, but the rate of new business has been declining in the U.S. The rise of collaborative working spaces has decreased the cost and risk for new businesses, while the clustering of economic activities allows these new businesses to leverage assets needed to grow their ideas and businesses. The districts also support formal and informal interactions. Regular interactions of workers and residents increase the social networks of workers in the districts and also grow the resources of the companies they work for. These districts—and entities that help manage them—are designed to facilitate increased interaction through formal events but also through every-day interactions and events. Lastly, planners and urban economist are promoting districts as having the ability to foster more inclusive job growth. Locating employers, research activities, and the spin-off social/ entertainment activities in centralized urban areas increases the diversity of jobs in the district. The superior connectivity of these areas makes it easier for workers of all backgrounds to work in the same area and share the same social networks, which is the opposite of the traditional models where knowledge workers were clustered in suburban office parks with little interaction with others outside the park. Page 170 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 19 Medical Districts A related planning concept is medical districts that are intended to capitalize on the business and research associated with major medical institutions. These include city-initiated efforts that are intended to organize the spinoff business development surrounding major hospitals and/or clusters of hospitals, as well as university-driven projects created to capture commercialization of basic research taking place within university medical centers. The recently completed University of Texas at Austin Medical District Master Plan creates a partnership between UT Austin, Seton Healthcare, and Central Texas Healthcare to create a compact urban development on the southern edge of the UT campus in downtown Austin. It will contain the university’s planned new medical school and medical research building, as well as a new teaching hospital and medical office building. The vision for the district integrates health care teaching and research within an interdisciplinary setting taking advantage of adjacent university resources. A Colorado example is the creation of a medical district at the Anschutz Medical Campus in Aurora. The University of Colorado relocated its medical school, hospital and research facilities to a 200 acre campus site at the former Fitzsimons Army Medical Center. Children’s Hospital of Denver and Veteran’s Hospital are located on an adjacent 25 acre site. The public medical facilities are complemented by a 160-acre bioscience research park intended to facilitate the commercialization of university research as well as capture other private sector medical related businesses. The Anschutz Medical Campus has been the fastest growing employment center in the metro area since 2005, having captured nearly 20,000 jobs over the last 10 years. The University of Colorado Anschutz Medical Campus Page 171 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 20 Retail Development Trends The retail industry has shifted greatly over the last 10 to 15 years, impacted by the growth of internet sales, declining brick and mortar store sales, retail chain consolidations, and demographic shifts and preferences. Collectively, these trends are impacting store sizes and reducing the overall demand for new retail space locally and nationally. The Rise of E-Commerce Between 2001 and 2015, total online retail purchases (excluding auto related) grew from approximately $29 billion to $310 billion, an 18.4 percent annual growth rate. Online sales accounted for 22 percent of total retail sales growth. During the same period, brick and mortar stores grew at a 3.7 percent annual growth rate, decreasing their share of the total retail market from 98 percent to 89 percent. Despite still accounting for only 11 percent of overall spending, the growth in online shopping is impacting the demand for traditional brick and mortar stores. This also affects the way retailers are doing business, pushing them to alter store formats and incorporate online sales and marketing into their business concepts. The list of top online retailers reinforces this point as many have a significant brick and mortar presence as well. This group includes such major retailers as Walmart, Target, Home Depot, Best Buy, and Bed Bath & Beyond. Bifurcating of Retail Demand Changes in spending patterns are also affecting the amount and mix of retail space. Consumer spending is split between low-cost, high convenience retail options—where the internet is making significant impacts—and more experience, community, locally oriented retail options. On the low cost, high convenience end of the spectrum, online retailers like Amazon and warehouse club retailers such as Costco are preforming the best. On the other end, the shift to more experience oriented retail is being driven by the millennial generation. A portion of this generation is highly mobile, are less likely to accumulate furniture and home furnishings and other large, high cost items. They are also more interested in experiences, emphasizing travel and entertainment. However, they still like to shop but in more experience-oriented retail areas and/or with retailers that match with their lifestyle. Their spending patterns are similar to the boomer generation who has already purchased much of the goods they need and are downsizing their homes and accumulated items. Boomers are also spending more of their income on travel, leisure, entertainment, and dining out. Social Media and “Showrooming” According to the National Retail Federation, 86 percent of American consumers at least occasionally research items online before buying in a store; of these, 22 percent conduct this research primarily on blogs and 32 percent primarily on Facebook. Electronics is most researched, followed by apparel, appliances, and then shoes. Many consumers will also look at or try on an item in a store and then price shop and purchase it online. Page 172 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 21 Changing Retail Mix These changes in spending patterns are impacting the mix of retail space in aggregate as well as within individual districts, corridors, and centers. Sales for prepared foods are now outpacing sales for food for home consumption. The restaurant, bar, and microbrewery segment has grown rapidly and new food and beverage formats have been introduced (e.g., food halls and market halls, farm to table restaurants, and food trucks). These market/food hall establishments (Denver metro area examples include Denver Central Market, The Source, and Avanti in Denver and Stanley in Aurora) focus on creating a community atmosphere with shared eating and common spaces and a variety of food options and small format retail options. Store and Chain Consolidation Over the past five years, there have been nearly 200 retail chain bankruptcies. In 2017, CNN Money reported that there were 5,300 store closing announcements through June 20 compared to 6,200 in 2008 during the Great Recession—the worst year so far for store closings. There are fewer stores in the market now, making it more difficult to find tenants for new retail developments, as well as increasing vacancies in existing centers as large blocks of space are vacated by store brands that no longer exist. Industrial Development Trends The industrial development industry is shifting significantly in reaction to increase in technology and the internet. The shifts are having both positive and negative impacts on the economic health of communities. Generally, the shifts are pushing towards more industrial oriented development but at the same time resulting in fewer jobs as automation improves efficiency. Globalization and Automation Impact on Manufacturing Industrial employment, particularly manufacturing, has recovered slightly since the economic recession of 2008 and 2009, but has not returned to pre-recession levels. Sharp declines in industrial employment often are precipitated by recessions, and employment either continues to decline or fails to recover to pre-recession levels. As a comparison, at the national level, manufacturing jobs are down 37 percent from their peak in 1979. Globalization and automation are the major reasons for these continual declines. The number of robots per capita employee has increased dramatically in the last 25 years and economists estimate that each additional robot reduces employment in a commuting area by 3 to 6 workers and wages by 0.25-0.5 percent. The rate of robot substitution varies across industries, but manufacturing tends to have high factors. Off-shoring of manufacturing has impacted numerous manufacturing subindustries including computer equipment manufacturing. Growth of Logistics As e-commerce has driven down demand for retail space, it has at the same time driven up demand for industrial development supporting its growth. Logistics and distribution oriented employment sectors (transportation and warehousing, wholesale trade) and industrial development are the largest drivers of new industrial development. As e-commerce retailers and traditional retailers are pushing for more convenience and more online shopping, demands for local distribution are growing. Industrial buildings and developments related to logistics want to locate centrally to their service market, and along major transportation routes. Industrial spaces Page 173 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 22 for logistics activities look for larger floor plates, with higher ceilings, which make newer buildings more attractive. Middle Skill Jobs Traditionally, jobs within industrial oriented businesses are an important source of “middle skill” jobs—jobs that don’t require a college degree but rather some form of specialized training. Manufacturing wages are typically higher than wages in other industries accessible to workers without a college degree, such as retail and food service. Unlike service industries, manufacturing wages approach, and/or exceed, a living wage. However, there are trends impacting the presence of these middle skill jobs. Automation is reducing employment in industrial oriented employment sectors. As well, industrial areas in urban areas are under threat for redevelopment. In larger urban areas, including Denver, communities are considering policies related to industrial preservation as redevelopment pressures are pushing industrial uses to the fringes of metro areas and either driving middle, lower income residents out or increasing their commutes. Small Urban Manufacturers (SUMs) Urban manufacturing today is largely occupied by small, specialized firms in collaborative and interdependent networks. In Fort Collins, 80 percent of manufacturing firms have fewer than 20 employees. The average size of a manufacturing firm is 28 employees but the median size is six employees. Manufacturers nationally have also been trending towards smaller footprints and fewer employees. Research has shown that small urban manufacturers (SUMs) are more productive when located in denser urban areas. These firms desire the centrality within their market, which helps with employee attraction and also proximity to goods and services needed to support their businesses. SUMs also tend to pay higher median wages with higher wage growth and skill development opportunities. However, these smaller manufacturers are typically looking for existing, lower cost spaces at least initially. As they grow, finding locations with a larger building and/or the ability to build to suit their own facility is a need, which is increasingly harder to find in central locations and at an affordable cost. Local Real Estate Development Conditions and Trends Inventory, Rent and Vacancy Rates Fort Collins has nearly 70 percent of the office space in Larimer County, and 57 and 56 percent of the retail and industrial space as well. However, over the past 10 years the City has been capturing a decreased share of new commercial and industrial development. Fort Collins captured only 45 percent of office development in the past 10 years and 46 percent of retail development since 2007. The City captured only 34 percent of industrial space, as shown in Table 4. As neighboring communities have grown, many have been able to attract and develop their own retail centers, primarily centered along I-25. As the labor force has become more interconnected within the region, I-25 has grown in importance and the market has responded. The City of Fort Collins has not made the same proactive efforts to grow along I-25. The declining capture illustrates this growing competition from neighboring communities for new development. The job growth in the past five to seven years has been driving demand for spaces for businesses to locate. Vacancy rates for office, retail and industrial space in the City and Larimer County are low and in most cases indicate demand for new development. The office vacancy rate Page 174 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 23 at the end of 2017 was 3.7 percent, indicating demand for new inventory. The vacancy rate in the county for office space is also low at 4.7 percent. The county has a higher average rental rate of $22.11 per square foot, versus $16.05 in the city—which may be a result of the lack of newer office space in the city. Retail space in Fort Collins has grown by an average of 150,000 new retail square feet per year in the past 10 years, with a total inventory of 11.3 million square feet. Capture of recent development is down from traditional amounts, as described above, but is outpacing the city’s capture of population growth. Retail rates in the city are higher than the county’s on average ($19.53 versus $18.51). The vacancy rate within the city is 6 percent, which is near equilibrium, but the county rate is 3.5 percent, which is low and indicates demand for new space. The city’s vacancy rate is still relatively low considering the addition of space within the Foothills Mall redevelopment, which has been slow to absorb. Strong demand for industrial and flex space in the City Fort Collins is reflected in the 3.1 percent vacancy rate in fourth quarter 2017. Vacancy in the county is higher at 6.8 percent but still low for industrial space. Rental rates have been growing in recent years and average rates are essentially the same in the city and elsewhere in the county. Table 4 Larimer County Commercial and Industrial Development Inventory Use Fort Collins % of County Larimer County Office Inventory (sq ft)7,600,180 69% 11,005,512 New Development past 10 years (2007-2017)839,547 45% 1,884,712 Average Rental Rates $16.05 $22.11 Vacancy Rate 3.7%4.7% Retail Inventory (sq ft)11,329,874 57% 19,866,822 New Development past 10 years (2007-2017)1,506,387 46% 3,271,971 Average Rental Rates $19.53 $18.51 Vacancy Rate 6.0%3.5% Industrial/Flex Inventory (sq ft)12,019,153 56% 21,472,142 New Development past 10 years (2007-2017)620,379 34% 1,837,487 Average Rental Rates $9.44 $9.36 Vacancy Rate 3.1%6.8% Source: CoStar Page 175 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 24 Development Locations Office development over the past 17 years has been clustered in three major locations. The three major clusters of new development are the Harmony Corridor, the Centerra development north of the intersection of I-25 and US-34 highways, and in and around downtown Fort Collins. The clusters along Harmony Road and in Centerra have been built over the past 15 to 20 years, as shown in Figure 5. The new development has moved employment away from the central locations along US 287 to the east towards I-25. The clustering of office development mirrors national trends of concentrations of office employment especially in central locations with superior transportation access and within more mixed-use environments, albeit largely suburban/auto-oriented in local context. Retail development patterns in the past 15 to 20 years provide the most stark illustration of the shift of the economic activity in Larimer County away from US 287 to I-25. The majority of retail development in the county has occurred along US 34 and Harmony Road towards the intersections with I-25, as shown in Figure 6. The growth of the region has shifted the orientation of retail away from the individual communities to regional locations. The traditional location for regional retail was along College Avenue anchored by Foothills Mall. The Shops at Centerra and other retail components of the Centerra development create a major new node of regionally oriented retail in northern Colorado. The shift impacted Foothills Mall and led the City to proactively work to redevelop Foothills Mall. Smaller communities in northern Colorado, such as Windsor, Johnstown, and Timnath, have been making aggressive efforts to capture retail development primarily along I-25. Industrial development has also been clustered in a few primary locations in Larimer County, as shown in Figure 7. The concentrations include the Mulberry Corridor (both outside and inside the city boundaries), near the intersection of US 34 and I-25, and smaller concentrations in Loveland near the intersection of US 34 and US 287 and at the northern edge of Loveland along US 287. The growth of the region and national retail trends have grown the concentrations of logistics/distribution related activities, which have gravitated to the US 34 and I-25 area. Page 176 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 25 Figure 5 Larimer County Office Development, 2000 to 2017 Page 177 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 26 Figure 6 Larimer County Retail Development, 2000 to 2017 Page 178 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 27 Figure 7 Larimer County Industrial Development, 2000 to 2017 Page 179 Item 12. Economic & Planning Systems, Inc. 28 163125-Df_EmploymentLandDemand.docx 4. LAND DEMAND METHODOLOGY AND INPUTS This chapter provides an overview of the land demand model and demand forecast developed for City Plan. The chapter provides an explanation of methodology, summary of employment forecasts, identifies major model inputs and assumptions, and provides a summary of the estimated land demand by development type and corresponding land use designations. Methodology To estimate land demand for employment uses, EPS utilizes a four step process illustrated in Figure 8. Employment in the region is forecasted by industry sector and then allocated to building types based on existing location patterns by industry in the city. Estimated new jobs by building type are translated to demand for buildings square feet using national averages of employees per square feet. Lastly, density factors (floor area ratio) per building type are derived from existing and recent development within the region are used to estimate demand for land. Figure 8 Employment Land Demand Methodology Forecast Scenarios Industry cluster specific employment forecast Building Type Allocation Convert employment forecast to non- residential building categories Non- Residential Demand Estimate Forecast total non-residential space demand Land Demand Estimate Convert non- residential space to land demand forecast using FAR estimates Page 180 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 29 To forecast future employment growth by industry, EPS relied on four major sources. First, the Northern Colorado MPO’s total employment forecast for the county was used as a general guide towards the overall total employment growth between 2015 and 2040. Historic employment growth rates and annual new jobs averages, growth estimates from Woods & Poole (a secondary employment data provider), and growth estimates by industry provided by the Colorado Department of Labor and Employment are used to develop estimated growth rates in employment by sector from 2016 to 2040, as shown in Figure 9. The rates used largely rely on historic annual job growth averages and the state’s forecast by industry. Figure 9 Employment Forecast Methodology Hist.•Historical Employment Trends W&P •Woods & Poole Growth Rate Forecast State •CO. Dept. of Labor and Employment Growth Rate Forecast by Industry (2016-2026) ADJ •Growth Rate Adjustments FINAL •Industry Level Forecasts Model Assumption Page 181 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 30 Next, the forecast of employment by industry are allocated to building types. Four simple building types were used; retail, office, industrial/flex and industrial. These building types were chosen to align with the City’s three major land use designation categories for employment, which are commercial/mixed use, employment, and industrial. Square foot per employee factor, which were developed using national/industry averages, were used to estimate demand for building space in the county. The factors used are shown in Figure 10. The estimated capture of new building space in Fort Collin’s GMA was estimated using historic capture rates for new development. The demand for building space was then translated into demand for land using floor area ratios for each building type, as shown in Table 5. Figure 10 Future Employees to Future Building Demand Methodology Table 5 Employee per Square Feet and Floor Area Ratio Factors Employees by Building Type by Year (Larimer County) Square Feet per Employee by Building Type Total Commercial Space (Larimer County) Total Commercial Space (City of Fort Collins) City of Fort Collins Capture Rate by Building Type Total Commercial Space (Larimer County) Model Assumption Factors Retail Office Office Industrial/Flex Industrial Square Feet per Employee 350 225 225 400 700 Floor Area Ratio 0.25 0.50 0.40 0.30 0.20 Source: Economic & Planning Systems E:\[163125-Employment Land Demand.xlsx]Conversion Factors Commercial/Mixed Use Employment Page 182 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 31 Employment Forecast The growth in wage and salary jobs in the county was estimated by industry from 2016 to 2040 to estimate the demand for new commercial and industrial development. Wage and salary employment is estimated to grow by 85,633 jobs, which is an annual rate of 1.9 percent, as shown in Table 6. It is important to note job growth is forecast to outpace housing growth in the county, which unless otherwise addressed will continue the inflow workers from other counties. Table 6 Larimer County Employment Forecast by Industry, 2016 to 2040 Sector 2016 2026 2040 Total Ann. # Ann. % Target and Other Primary Industries Hospitals and Health Providers 15,372 20,659 27,259 11,887 495 2.4% Education 17,295 20,471 24,869 7,574 316 1.5% Food and Beverage Production/Agriculture 2,811 4,365 5,604 2,793 116 2.9% Manufacturing 11,237 13,698 14,688 3,451 144 1.1% Technology Development 862 1,276 1,803 941 39 3.1% Professional and Technical Services 10,662 14,329 18,394 7,732 322 2.3% Management of Companies 860 1,156 1,525 665 28 2.4% Mining/Oil and Gas 498 702 853 355 15 2.3% Arts and Entertainment 3,006 3,962 5,228 2,222 93 2.3% Target/Primary industries Total 62,603 80,618 100,224 37,621 1,568 2.0% Business Support Services Utilities 737 775 819 82 3 0.4% Construction 10,426 14,850 19,594 9,168 382 2.7% Wholesale Trade 4,359 6,149 7,574 3,215 134 2.3% Transportation and Warehousing 3,151 4,034 4,833 1,682 70 1.8% Information (non-internet)2,088 2,109 2,139 51 2 0.1% Finance and Insurance 3,673 4,566 5,781 2,108 88 1.9% Real Estate and Rental and Leasing 2,721 3,449 4,489 1,768 74 2.1% Administrative and Waste Services 8,518 8,954 9,337 819 34 0.4% Business Support Services Total 35,673 44,884 54,566 18,893 787 1.8% Community Support Services Nursing/Social Assistance 5,740 7,348 9,695 3,955 165 2.2% Retail Trade 18,582 21,565 25,485 6,903 288 1.3% Accommodation and Food Service 18,175 24,190 31,918 13,743 573 2.4% Other Services 4,314 5,742 7,371 3,057 127 2.3% Public Administration 7,926 8,755 9,388 1,462 61 0.7% Community Support Services Total 54,737 67,599 83,856 29,119 1,213 1.8% Total 153,013 193,101 238,646 85,633 3,568 1.9% Source: Colorado Department of Labor; Quarterly Census of Employment and Wages, Economic & Planning Systems Change 2016 to 2040 Page 183 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 32 Future Land Demand The estimated new 85,633 jobs by 2040 are estimated to generate demand for 22 million square feet of commercial and industrial development. The City of Fort Collins (including the current GMA) is estimated to capture a third of new development in the county, with an estimated 2.8 million square feet of retail, 2.4 million square feet of office/general commercial space, and 2.2 million square feet of industrial/flex space, as shown in Table 7. The estimate land demand (between 2016 and 2040) for Commercial/Mixed Use areas is 11.8 million square feet or 294 acres; the demand for Employment areas is estimated to be 7.7 million square feet or 176 acres; and the demand for Industrial areas is estimated to be 5.6 million square feet or 128 acres. Table 7 Fort Collins Estimated Employment Building and Land Demand, 2016 to 2040 Comparison of Demand to Supply The City of Fort Collins has an estimated 7,556 acres of vacant and potential redevelopment land capacity for growth, as estimated by the City of Fort Collins. The majority, 90 percent, of the land in the capacity estimate is “vacant” land. Thirty-eight percent of the land capacity is estimated to be for employment uses within three categories; commercial/mixed-use, employment, and industrial. This totals to 2,882 acres or 125 million square feet. As shown in Table 7, the estimated demand for new employment land is approximately 600 acres. The estimated demand for employment oriented development accounts for 20 percent of the estimated supply. The estimated demand for commercial/mixed-use development accounts for 27 percent of capacity, and demand for employment and industrial development account for 19 and 15 percent of estimated supply. Retail Office Office Indust/Flex Industrial All Industries Larimer County Building Demand 7,861,668 1,968,470 3,721,565 2,995,443 5,588,382 % Capture in Fort Collins GMA 35% 45%45% 35%20% Fort Collins Building Demand 2,751,584 885,812 1,674,704 1,048,405 1,117,676 Fort Collins Land Demand (Sq Ft)11,006,335 1,771,623 4,186,760 3,494,684 5,588,382 Fort Collins Land Demand (Acres)253 41 96 80 128 Source: Economic & Planning Systems Commercial/Mixed Use Employment Page 184 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 33 Figure 11 Estimated Land Demand versus Supply, 2016 to 2040 Location of Capacity and City Plan Implications The locations of buildable land capacity (vacant land), as identified by the City of Fort Collins, are shown in Figure 12, based on current zoning. The majority of land zoned for new employment development is located in the northeast portion of the city along Mulberry and along I-25. There are also a number of larger development sites along the Harmony Corridor, which are zoned for commercial/mixed-use. Other commercial/mixed-use parcels are located around the I- 25/Highway 392 interchange in the southeast edge of the city, and along College Avenue on the northern and southern edges of the community. Areas with potential for redevelopment were also evaluated by the City of Fort Collins. These sites are generally scattered throughout the city and only account for 10 percent of land capacity. The buildable employment lands the City has greatly exceeds the demand for new employment lands by 2040. The majority of employment and industrial capacity within the city is located north of Mulberry and are in areas with limited infrastructure to support new development. As well, the majority of the buildable land capacity in the city is outside of the City’s current water service boundary. The location of areas designated for employment uses needs to be re- examined through the City Plan process. As described above, development pressures for office have primarily been in downtown, along the Harmony Corridor, or at Centerra. As well, industrial development has located primarily near the Mulberry Corridor and in Loveland. There are also large portions of land designated for residential to the east of downtown and along Mulberry, which could be re-examined. The excess capacity would suggest that the City could be more flexible with use of employment lands in some areas. The City should also focus efforts on a few primary areas to capture employment growth, similar to its historic efforts along Harmony Road. 12,777,958 7,681,445 5,588,382 47,880,721 40,570,739 37,066,075 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 Commercial/Mixed Use Employment Industrial Estimated Demand (2016 to 2040)Land Supply/Capacity Source:Economic & Planning Systems; City of Fort Collins Page 185 Item 12. Employment Land Demand Analysis Economic & Planning Systems, Inc. 34 Figure 12 Buildable Lands Inventory Page 186 Item 12. ECONOMIC & PLANNING SYSTEMS April 26, 2018 CITY PLAN Employment Land Suitability Analysis Page 187 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 1 METHODOLOGY 1.Develop attributes desired by regional/community retail, office/employment, and industrial space users 2.Measure the presence of the attributes in the Growth Management Area for each use utilizing a grid of approximately 40 acre squares. 3.Develop a desirability score for each use for each of the grids and compare them to the Opportunity Areas 4.Assess the desirability of each use type in the Opportunity Areas MAJOR TASKS Page 188 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 2 DEVELOPMENT CAPACITY VACANT AND UNDERUTILIZED LAND Much of capacity is near I-25 Large amount of vacant employment in area lacking infrastructure and access to I-25 Likely more redevelopment capacity than estimated Page 189 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 3 DEMAND VS CAPACITY LAND ACRES OF DEMAND VS CAPACITY 12,777,958 7,681,445 5,588,382 47,880,721 40,570,739 37,066,075 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 Commercial/Mixed Use Employment Industrial Estimated Demand (2016 to 2040)Land Supply/Capacity Excess capacity of employment land Large amount of vacant employment in area lacking infrastructure and access to I-25 Likely more redevelopment capacity than estimated Existing employment land often not desirable to prospective employers Page 190 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 4 REGIONAL/COMMUNITY RETAIL ATTRIBUTES MEASURED Surrounding Housing density –Average housing density in grid of greater than 2 households per acre Visibility and Access from highways/major arterials –Within ¼ mile of Major Arterial or Highway –Adjacent to Arterial Highway Interchange –Adjacent to interchange Presence of Existing Retailers –Greater than 4 retailers in grid Served by City’s Water and Sewer –Water – Yes/No –Sewer – Yes/No Page 191 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 5 OFFICE/EMPLOYMENT ATTRIBUTES MEASURED Employment Density –Average employment density of greater than 60 jobs per grid Housing Density –Average housing density in grid of greater than 2 households per acre Proximity to highways/major arterials –Within 1/4 mile of Major Arterial/Highway Highway Interchange –Adjacent to interchange Access to Transit –Adjacent to Max Stop Presence of Enterprise Zone –In a enterprise zone Y/N Served by City’s Water and Sewer –Yes/No Average parcel size –Average parcel size of greater than 0.5 acresPage 192 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 6 INDUSTRIAL ATTRIBUTES MEASURED Access to highways/major arterials –Within ½ mile of Major Arterial or Highway Highway Interchange –Adjacent to interchange Access to freight transportation –Adjacent to rail Presence of Enterprise Zone –In an enterprise zone Y/N Served by City’s Water and Sewer –Water – Yes/No –Sewer – Yes/No Average parcel size –Average parcel size of greater than 2 acres Page 193 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 7 COMPARISON TO OPPORTUNITY AREAS QUALITATIVE ASSESSMENT BASED ON SCORING Retail Focus Areas –Downtown, College and Harmony Corridors and select Highway interchanges Office Focus Areas –Greater downtown area, Midtown and Harmony Corridors, select opportunities near interchanges Industrial Focus Areas –Interstate/interchanges, Mulberry Corridor, North College Regional/Community Retail Office/Employment Industrial Downtown Mountain Vista Area (north of Vine, excluding interchange areas) North College Corridor East Mulberry Corridor (except interchange area) Midtown Corridor Harmony Corridor Timberline Corridor (Horsetooth to Harmony) W. Elizabeth Corridor Mountain Visa Interchange Vine Interchange Mulberry Interchange Prospect Interchange Harmony Interchange Hwy 392 Interchange 1 9 LEGEND Limited Adequate Good Desirability Page 194 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 8 FUTURE LAND USE SCENARIO DIRECTION AREA SPECIFIC RECOMMENDATIONS Downtown, I-25 interchanges, and major corridors (College Avenue, Harmony Road, and Mulberry Street) should be the focus areas for employment uses Areas near downtown should be designated for employment areas. Specifically, areas between Vine and Mulberry from the river to Timberline Road should be prioritized for employment uses, expect where residential uses are already present. Suggested changes to the future land use map include changing residential areas to employment and/or industrial. The north side of the Mulberry corridor should be designated for employment and industrial uses (behind commercial frontages) where not already designated. This area is more attractive for employment areas than other areas currently designated for employment. However, the infrastructure issues in the area may be limiting in terms of development potential. Large portions of the Mountain Vista subarea currently designated for employment uses likely will not be able to attract the desired employment uses over the plan horizon. Different uses should be considered for these areas aside from areas near I-25 and with access to I-25. The City should focus regional commercial/retail oriented designations along I-25 around key interchanges including Highway 392, Harmony Road, and Mulberry.Page 195 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 9 FUTURE LAND USE SCENARIO DIRECTION AREA SPECIFIC RECOMMENDATIONS CONTINUED The demand and attractiveness for industrial development in Fort Collin’s industrial areas is lower than the demand and value to the City than uses that could fit in employment areas. The potential for logistics oriented industrial uses exists and is attracted primarily to areas along I-25. However, the demand likely exceeds what is currently designated along I-25. Portions of industrial and commercial designated lands currently along I-25, specifically near the Prospect interchange and north of the Mulberry interchange, could be designated for employment as a way to replace employment areas re-designated to other uses in less attractive areas. Certain remaining parcels along Harmony Road that are further from Harmony Road and behind larger commercial and employment uses could be considered for designation as residential uses. Specifically the City should strive for higher density residential uses in these areas given their proximity to employment and potential enhanced transit routes. Lastly, even with changes to the future land use plan map, the city will still have plenty of land to accommodate employment growth. However, the current and potentially new, larger areas designated for employment uses still may not be attractive to desired employers and developments. The areas designated to for employment need to be support with investments to enhance their attractiveness and development readiness.Page 196 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 10 12,777,958 7,681,445 5,588,382 37,347,591 59,489,520 30,804,915 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 Commercial/Mixed Use Employment Industrial Estimated Demand (2016 to 2040)Land Supply/Capacity Source:Economic & Planning Systems; Clarion Associates, City of Fort Collins IMPACT OF SCENARIOS ON LAND SUPPLY CHANGES TO SUPPLY VS DEMAND BASED ON POTENTIAL SCENARIOS Baseline Scenario Capacity in the Baseline Scenario is based on the Baseline growth framework plan. The totals do not match the City’s current estimates of capacity based on zoning but are approximately the same. Under the Baseline Scenario, the City has ample land to accommodate future employment demand in all categories, with a large surplus of employment land. Reductions in employment and industrial designated lands likely won’t impact the City negatively if areas of lower value for employment uses are re-designated to other uses. Page 197 Item 12. ECONOMIC & PLANNING SYSTEMS Fort Collins Employment Land Suitability Analysis| 11 IMPACT OF SCENARIOS ON LAND SUPPLY CHANGES TO SUPPLY VS DEMAND BASED ON POTENTIAL SCENARIOS 12,777,958 7,681,445 5,588,382 32,367,810 37,542,587 26,622,068 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 Commercial/Mixed Use Employment Industrial Estimated Demand (2016 to 2040)Land Supply/Capacity Source:Economic & Planning Systems; Clarion Associates, City of Fort Collins 12,777,958 7,681,445 5,588,382 37,461,352 41,635,773 17,757,458 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 Commercial/Mixed Use Employment Industrial Estimated Demand (2016 to 2040)Land Supply/Capacity Source:Economic & Planning Systems; Clarion Associates, City of Fort Collins Scenario 2 Scenario 3 Page 198 Item 12. Watermark N Lemay Neighborhood Zoom Meeting Summary (10-04-21) Overview City Staff: Alyssa Stephens- Neighborhood Development Liaison Pete Wray- Senior City Planner and Project Planner Sylvia Tatman-Burruss- City Planner Marc Virata- Engineer Sophie Buckingham- Engineer Owner/Applicant Team: Jessica Tuttle- Thompson Thrift Russ Lee- Ripley Design Monica- Thompson Thrift Neighborhood Meeting Date: Monday October 4, 2021, 5:45 PM- 8:00 PM Proposed Project Review Process Project Information by Pete Wray Rezoning of Watermark N Lemay The site is a 4-parcel site on 16 acres Currently an industrial district Located within the East Mulberry Corridor Plan Surrounded by low density residential, industrial, and businesses Request for rezoning of a portion of the site to medium density mixed use neighborhood Subject to review by Planning Commission and decision by City Council Still in the early stages of the process Applicant Presentation Thompson Thrift Presentation by Jessica Tuttle •Proposing a multifamily development on the southern parcel (MMN zoning) •Need for attainable housing, and looking for community input, and see if it’s a good fit •Leaving the northern portion as industrial use •The site is within a flood plain so it will be raised •These will be market rate apartments and not student housing with average age of 35 •324 units, three stories high •Watermark has a large portfolio and a similar Longmont property •There will be a clubhouse and outdoor amenities Community Development and Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ITEM 2, ATTACHMENT 6 Page 199 Item 12. Ripley Design presentation by Russ Lee • Will include a vibrant street scape and surface and garage parking • Concept may change over time • Site will be fully parked, with a club house in the corner of site • May or may not have apartments in the same building as the clubhouse • Street trees on both sides of the project • There will be a sound barrier with trees from adjacent single-family neighborhood • Benefits of the proposed MMN zoning are that it will provides attainable housing near employment zoning, allows for a short commute to nearby employment, it will be pedestrian friendly with bike trials, a water fountain, and a bike repair station • Multifamily development is ok next to existing industrial zoning while providing a buffer to residential uses • Not student housing • Not rent by bedroom • Design will fit the community Primary Issues Wildlife Trail connections Traffic Diversity of building types Activation of streets Vandalism/ crime in industrial park Building heights Water Land changes Questions/Comments and Answers General Alyssa Stephens- Neighborhood Development Liaison will be the facilitator of this meeting Community Questions: Resident question: Area is used by wildlife, what will the mitigation process be? Answer: The City (Environmental Planning) will decide what kinds of mitigation will be needed and produce a report for this site. The developer will be responsible for making sure all items from the report are completed. The report will be public and be due with the initial application. Resident question: How will the area connect to the existing wildlife corridors? Answer: The plan is to start a dialogue with the community and then start the process of site plan approval. There will be a split rail fence so that deer can pass through. The developer will ITEM 2, ATTACHMENT 6 Page 200 Item 12. work with the neighborhood to make sure the site works with the existing neighborhoods and with wildlife. Resident question: There is concern with medium density use rezoning because of the potential for additional traffic. The current lights are not long enough. With the proposed 500 extra cars on the road, how will this be addressed? Answer: A traffic engineer will have a scoping meeting with the city and a traffic study will be implemented. The developer will have to mitigate any traffic impacts by the city with adequate and additional public facilities. There’s currently a minimum parking requirement, additionally, all city codes will be met. There will be new timing on the signals as changes happen in the area. Resident question: Does the developer have any examples of more uses for building types- like townhomes and rowhomes? Have they looked into any of these building types instead of apartments? Answer: Yes, the developer has more product types in their portfolio. Resident concern: There is a concern that there aren’t other housing types in the area and there will be more traffic. They want to see a more vibrant streetscape with walkability. Maybe some retail and restaurant options that they can walk to. Answer: This is not a retail site, but they could investigate doing something unique with the club house area. An example of this is a coffee area. The idea is to activate the trails and the space with a focus on street life and developing the old Town feel that we love. Resident Comment: We currently love being close to Home Depot and the industrial use in the area is not that noisy. We would like to see more land uses to diversify the area. Business owner question: Since opening the street up there has been more vandalism and “bad traffic” and crime. Can we expect more crime in the area with this development? Answer: Not likely. This will not be a student housing development and there will be discounted rates for cops to live there. Public streets would be created to connect to street network. This area is part of an enclave, and the city is planning to annex the area. That will include the transition to City law enforcement. Resident question: When would they start breaking ground? Resident Question: What is the timing of the development? Answer: Project approval is anticipated to be about 18 months away- then around 22 months, less than 2 years to become fully operational (2023). Resident concern: There is a concern about the height of the new buildings. Residents won’t have the same view. They liked the idea of diversity in construction. ITEM 2, ATTACHMENT 6 Page 201 Item 12. Answer: The developer tried to mitigate massing by turning the units east to west so that current residents would only see the narrow part of the new buildings. The developer will look more into it. They have some flexibility. Resident question: The new Lemay bypass has an extreme height difference; they wonder if the heavy density tall buildings would be better closer to Vine. Why aren’t we considering developing the north side of site instead? Answer: The City felt the industrial site would be better farther from the existing residential zoning. Resident concern: Wants comment to be noted Answer: It is correct that the heights get taller closer to Vine. But it doesn’t start ramping up until Buckingham. Applicants will be looking at additional documents to include a market analysis to why the site should be where it is proposed. The city will review that market analysis and supporting documents. Resident question: Water usage is a big deal. How does that get factored into the approval process? Answer: The developer has met with the city and utility and will be working with ELCO to get water. They developer needs to find their own water for ELCO. Anonymous question: If this property gets rezoned- multifamily, could this happen to other existing neighborhoods? Staff Response: Not very likely. This is vacant land; the existing neighborhoods are well established for low density, so we don’t see those changing designation. The whole neighborhood would have to get on board for something like that, the city would not initiate a rezoning of established neighborhoods. We are trying to keep the current neighborhood and businesses intact. Any more questions can be directed to devreviewcomments@fcgov.com Process/Next Steps Staff: Thanks for attending tonight. The conversation will be summarized and available as public record. If you received notice for the neighborhood meeting, you would also get notice for the hearings. ITEM 2, ATTACHMENT 6 Page 202 Item 12. David Katz, Chair Virtual Hearing Julie Stackhouse, Vice Chair City Council Chambers Michelle Haefele 300 Laporte Avenue Adam Sass Fort Collins, Colorado Ted Shepard Samantha Stegner Cablecast on FCTV, Channel 14 on Connexion & York Channels 14 & 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224- 6001) for assistance. Regular Hearing May 18, 2023 Chair Katz called the meeting to order at 6:00 p.m. Roll Call: Haefele, Katz, Sass, Shepard, Stackhouse, Stegner, York Absent: None Staff Present: Frickey, Sizemore, Claypool, Guin, Myler, Puga, Mapes, Gilchrest, Gerwel, and Manno Chair Katz provided background on the Commission’s role and what the audience could expect as to the order of business. He described the role of the Commission, noted that members are volunteers appointed by City Council. The Commission members review the analysis by staff, the applicants’ presentations, and input from the public and make a determination regarding whether each proposal meets the Land Use Code. He noted that this is a legal hearing, and that he will moderate for civility and fairness. Agenda Review CDNS Director Sizemore reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised. Public Input on Items Not on the Hearing Agenda: None noted. Consent Agenda: 1. Draft Minutes from March 23, 2023, P&Z Hearing 2. The Landings at Lemay Two – Rezone & Structure Plan Map Amendment Planning and Zoning Commission Minutes Page 203 Item 12. Planning & Zoning Commission May 18, 2023 Page 2 of 2 Public Input for items not on the Agenda: None noted. Chair Katz 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 Stackhouse made a motion that the Planning and Zoning Commission approve the Consent agenda for the May 18, 2023, Planning and Zoning Commission hearing as originally advertised. Member Sass seconded the motion. Vote: 7:0. Minutes respectfully submitted by Shar Manno. Minutes approved by a vote of the Commission on: July 20, 2023. Paul Sizemore, CDNS Director David Katz, Chair Page 204 Item 12. David Katz, Chair City Council Chambers Ted Shepard, Vice Chair City Hall West Michelle Haefele 300 Laporte Avenue Per Hogestad Fort Collins, Colorado Adam Sass Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion & Julie Stackhouse Channels 14 & 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224- 6001) for assistance. Regular Hearing December 15, 2022 Chair Katz called the meeting to order at 6:00 p.m. Roll Call: Hogestad, Katz, Sass, Schneider, Shepard, Stackhouse Absent: Haefele Staff Present: Everette, Yatabe, Sizemore, Myler, Claypool, Mounce, Kleer, Lindsey, Dinger, Stamey, and Manno Chair Katz provided background on the Commission’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 Commission is here to listen to citizen comments. Each citizen may address the Commission 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 Commission 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. Planning and Zoning Commission Minutes Page 205 Item 12. Planning & Zoning Commission December 15, 2022 Page 2 of 7 4. The Landings at Lemay Rezone & Structure Plan Map Amendment Project Description: This is a request to amend the Structure Plan Map and rezone 17.1 acres from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (MMN) zone district. If approved, the rezoning is likely to facilitate a future proposal for a multifamily development pro ject. Recommendation: Approval with Conditions Staff and Applicant Presentations Ryan Mounce, City Planner, provided a brief overview of the project. He stated it is a proposal to rezone approximately 17 acres east of the intersection of Lemay Avenue and Duff Drive from industrial (I) zoning to medium-density mixed-use neighborhood (MMN) zoning. He noted City Council is the ultimate decision-maker in rezonings; therefore, staff is requesting a recommendation from the Commission. Mounce discussed the site and surrounding zoning. He noted the site is well defined with the railroad tracks to the north, the new realigned Lemay Avenue and overpass, and the future extension of Cordova Road on the east. He stated the realignment of Lemay has not impacted the floodplain mapping in the area and noted no critical facilities would be allowed on the site given it is within the 500-year floodplain. Russ Lee, Ripley Design, stated many of the neighborhood meeting attendees were in favor of this rezoning. He outlined the Land Use Code criteria for rezoning, two of which are mandatory and three of which offer additional considerations. He stated the first mandatory criterion is that the proposed zoning is consistent with the City’s Comprehensive Plan, or City Plan, and that the proposed rezoning meets several of the City Plan principles and policies, including adequate public facilities, compatibility of adjacent development, and providing a variety of housing types and densities, among others. The second mandatory criterion for rezonings is that the new zoning is warranted by changing conditions within the neighborhood. He commented on the number of changes to the area and its zoning in the past few years and noted there has been a decreased demand for industrial zoning in Fort Collins with an increased demand for housing. Mr. Lee commented on two additional considerations: that the zoning map be compatible with existing and proposed uses surrounding the subject land and is an appropriate zone for the land, and that the zoning map amendment will result in a logical and orderly development pattern. He noted the subject property is ideally located between single-family to the west and existing industrial to the east. Additionally, it complements the existing multi- family to the south. The site is also located near several desirable amenities. Mr. Lee stated the applicant is willing and able to accept the three conditions presented by staff. He concluded by stating the proposal meets the two mandatory zoning amendment justifications and the three additional zoning amendment considerations. Additionally, the zoning is consistent with the City’s Comprehensive Plan and meets several of its principles and policies. The zoning is warranted by changed conditions within the surrounding neighborhood, including the subject property, and multi-family would be a desirable zoning designation for this property. He stated there will be no adverse impacts to the natural environment and the zoning results in a logical and orderly development pattern. Mounce provided a detailed analysis of the proposed rezoning. He detailed the criteria for rezoning in the Land Use Code. Regarding compliance with City Plan, Mounce stated staff considered the land use guidance provided in City Plan and the East Mulberry Corridor Plan, both of which necessitate a Structure Plan Map amendment to change the place type from industrial to multi-family housing. Additionally, staff considered policy guidance from both City Plan and the East Mulberry Corridor Plan. Mounce stated staff is recommending several conditions which are organized around the City’s residential metro district policy evaluation system which asks developments to go above and beyond current code standards. He clarified this proposal is not seeking a residential metro district. The first condition being recommended as part of the rezoning is that the future residential development within its boundaries would achieve fifteen points within the energy renewables and water subcategories. The second recommended condition is that the residential development would achieve five combined points from the livability categories of the residential metro district point system. He outlined the different livability categories from which the applicant could choose. Page 206 Item 12. Planning & Zoning Commission December 15, 2022 Page 3 of 7 Mounce stated staff found the most support for the rezoning given changing conditions in the area. He stated infrastructure as well as land uses and zoning have changed in the area. He commented on the property’s lack of proximity to major highway corridors and stated the location is not the best suitable site for much of what is being seen now in terms of industrial development. Additionally, the site has transitioned from being in the middle of a broader industrial area to more of an edge, making it more appropriate for a broader range of uses. Mounce discussed staff’s analysis of the quality and quantity of industrial and employment land in the city. He stated the existing vacant industrial land is well suited to support the community into the future. Mounce commented on the trade-offs between industrial and multi-family zoning, including the potential for overall more traffic with multi-family, noisier traffic with industrial, and taller building heights with multi-family. He noted there are no identified sensitive natural habitat features on the site and stated staff’s finding is that the rezoning would result in a logical and orderly development pattern. Mounce stated the Cordova Road extension would help with buffering between industrial and residential zoning ; therefore, staff’s third recommended condition is that the residential buildings be set back 30 feet from the Cordova right-of-way, which would achieve the full buffering standard from the Code. He stated staff finds the rezoning petition complies with the applicable standards with the three recommended conditions. Commission Questions Vice Chair Shepard noted the parcel shape is not a square, but includes a notch that is not owned by this applicant and is not in city limits; however, that is where Cordova Road is slated to run. He questioned whether the subject parcel has the capability of dedicating the right-of-way for Cordova Road. Mounce replied that has come up during staff’s review, and the feedback to the applicant team in thinking about a future development project is that the extension of Cordova Road will be necessary to meet certain standards, including emergency access. Mr. Lee replied the applicant does have a letter of intent on the notched out property and is working through the process to purchase it to build Cordova Road. Vice Chair Shepard questioned why there is not a joint, two-ownership rezoning application. He suggested this rezoning may be premature and questioned whether the project can proceed under this uncertainty. Mr. Lee replied the applicant is confident in their ability to purchase the additional property and they would not be moving forward with this process without that confidence. Development Review Manager Everette noted the zoning is less pertinent on the other parcel because it is not developable for anything other than a roadway. Jessica Tuttle from the applicant team stated they were aware the parcel would need to be acquired for Cordova Road to extend and the site plan only shows the roadway on that parcel. Vice Chair Shepard noted the parcel is 150 feet wide and the roadway will not be that wide; therefore, there will be some outparcel awkwardness that may cause issues for surveyors, appraisers, and lenders. However, he stated he can see the City is comfortable with proceeding. Chair Katz asked if the City could involuntarily annex the parcel. Development Review Manager Everette replied it is already annexed. Mounce confirmed that information and noted it carries City zoning. Vice Chair Shepard expressed support for the third condition and asked if it would also apply to the north property line, which also abuts industrial zoning. Mounce replied the condition is currently not set up that way as the burden of the buffering would fall on the industrial land to the north if it is developed. Chair Katz stated it appears the applicant is willing to comply with the condition s, but questioned if they would be more appropriate at the PDP stage. Mounce replied the conditions would be recorded on the rezoning map to be part of the project development plan, and if they are not met, certificates of occupancy could be delayed. Page 207 Item 12. Planning & Zoning Commission December 15, 2022 Page 4 of 7 Member Hogestad asked why the entire parcel that is currently owned by the applicant is not being sought for rezoning. Mr. Lee replied this project was originally brought before staff when the Mulberry Corridor Plan was moving toward being redone, and staff wanted to focus on the 17 acres that Thompson Thrift really needed then wait to see what the Corridor Plan was going to say for the northern parcel. He stated the owners do want to have the entire property ultimately rezoned. Public Input (3 minutes per person) Sarah King expressed concern about the amount of traffic and taller buildings that would result from a multi-family development on the site. Staff Response Mounce stated a change in the zoning to MMN would increase the likelihood of taller buildings, though both zoning designations have similar height limits. He noted there are buffering and compatibility standards that work to address some of those concerns and issues at the time of a project development plan. Commission Questions / Deliberation Member Hogestad stated he is still struggling with the remaining small sliver of industrial zoning. Member Stackhouse questioned whether it is within the purview of the Commission to have an opinion as to whether the boundaries are too limited for the rezoning request. Mr. Yatabe stated the Commission should focus on the standards for the rezoning and Structure Plan Map amendment. Member Schneider stated the Commission has changed several properties with split zoning over the years and questioned why it should artificially create that situation which would normally not be desirable. He cited an example of a daycare parcel in Old Town that the Commission decided to change from two zone districts to one. Mounce stated the East Mulberry Corridor Plan update was just beginning when this rezoning was proposed, and there was a desire to look wholistically at the entire corridor for zoning or land use changes rather than having this particular rezoning occur in front of that process. He noted the update has been delayed, which has pushed this issue to the forefront. He noted staff may still want to look at these pieces of this property during the update and there may be some recommended changes to the land use guidance. He stated the boundary of this proposed rezoning lines up with the future extension of Link Lane; therefore, if the rezoning is approved, there is not necessarily going to be a situation wherein industrial zoning would be adjacent to residential. Member Schneider asked for examples of other properties on which split zoning has been created by a Commission decision. Mounce replied it is not common and he is unsure of the circumstances, though he is aware of some properties with split zoning. Vice Chair Shepard stated the existing Bucking Horse property was annexed with three or four different zone districts and the Bucking Horse development therefore required eight additions of permitted use. Vice Chair Shepard stated he appreciates staff’s attempt to address the industrial sections with the third condition that speaks to how a forthcoming project development plan would have to address that incongruity. He suggested the possibility of expanding on the condition to address these issues in more detail and with Code citations. He noted detention ponds are not considered buffers in the Code. He also stated it is incumbent upon the less intense land use, residential in this case, to provide the buffering between it and the industrial zoning. He stated he has a proposed condition that would expand on staff’s third condition. Member Sass questioned whether such a condition would be burdensome to the property owner. Vice Chair Shepard stated the parcel in question could potentially be placed into MMN zoning with the Mulberry Corridor Plan update. Mounce confirmed that is a possibility and noted the rezone boundaries were already in place when he took over this item as staff. Page 208 Item 12. Planning & Zoning Commission December 15, 2022 Page 5 of 7 Vice Chair Shepard expressed concern about the statement from the applicant team that the whole east side of the project could be a detention pond. He proposed to amend condition three as follows: residential buildings shall be set back a minimum of 30 feet from the Cordova Road right-of-way, as well as along the north property line that abuts industrial zoning and the possible extension of Link Lane. These two buffer yards must exceed buffer yard C as defined in Section 3.8.26, and be enhanced with additional attributes consisting of undulating earth and berms and dense landscaping comprised of an equal mix of evergreen trees and deciduous trees along with multiple shrub beds, to establish an effective and high-performing buffer in relationship to the industrial areas to the east and north. Such buffer yards must extend for the entire length of the project property lines that face the industrial area whether developed or vacant. Chair Katz stated he would support that amendment based on the current conversation. Member Schneider questioned why the development team cannot wait and come back with a proposal to rezone the entire property. Chair Katz asked the applicant if the intent is to replat and only procure a section of the parcel in question. Ms. Tuttle replied in the affirmative and reiterated staff requested them to only seek rezoning of the parcel they are purchasing and platting, which is the area south of a Link Lane extension. She noted the seller of that outlying parcel would like it to be rezoned. Vice Chair Shepard stated he is leaning toward approving this item, but only if there is a performance aspect that allows the Commission to be comfortable with MMN zoning on a direct edge with existing and future industrial zoning. Chair Sass commended the idea of making the condition performance based. Members discussed the definition of buffer yard and whether the amended condition would meet Land Use Code standards or provide an enhanced buffer situation over and above requirements. Member Schneider expressed concern it is not yet known where Cordova Road will lie on the 150-foot-wide parcel and it is known there will be some buffer on the east side of Cordova that will not be developed ; therefore, he is unsure about the amended condition. Vice Chair Shepard stated the east side of Cordova will not include further enhancements because it is in the county and is fully developed. He expressed doubt the future sliver of property will ever be enhanced without an applicant doing a PDP with an associated landscape plan. Member Schneider expressed concern the amended condition adds restrictions to the existing property owner even though a further buffer distance will exist. Vice Chair Shepard agreed with that thinking and suggested the applicant could do both stormwater detention and a buffer yard. Member Schneider questioned whether this conversation would be better at a PDP level because dimensions and setbacks will be fully available at that time. He expressed concern about putting conditions on a rezone for unknown details. Vice Chair Shepard expressed concern about creating a parcel that has the potential to be isolated . He stated the MMN parcel must perform as such or it will not work as a rezoned property. Chair Katz asked Member Schneider if he believes even the staff proposed conditions are too extreme. Member Schneider replied that is his concern and stated the details should be sorted at the PDP level. Vice Chair Shepard suggested the possibility that rezoning should not occur without a project development plan. Chair Katz stated that does not make sense given the amount of planning that goes into a PDP on the part of an applicant. Chair Katz stated he is leaning with Member Schneider that the conditions should apply at a PDP level, not for this rezoning. Page 209 Item 12. Planning & Zoning Commission December 15, 2022 Page 6 of 7 Member Stackhouse stated there is some appeal to having benefits shown via the metro district criteria in a rezoning. She also stated that what the Cottages project was required to do should be continued either now or later; however, she would not discount the possibility of doing more. Member Schneider noted the Cottages project did not have to meet the residential metro district criteria. Member Stackhouse acknowledged that was true. Member Schneider stated this action would be pushing city-wide policies and agendas down onto development projects without even knowing what the project looks like. Chair Katz noted the metro district requirements add expense to projects which is then passed on to the renters or buyers. He stated he would prefer to see the conditions placed at the PDP level. Vice Chair Shepard stated that while the exact site plan is unknown, there was testimony that there would be a detention pond along Cordova. He stated he will not support the rezoning to MMN in an existing indus trial park that does not have performance standards such as those provided in the conditions with a more detailed third condition. Member Stackhouse asked if there were any conditions on the Cottages rezoning. Mounce replied he was uncertain if there were any conditions on the rezoning, but noted that project has a slightly different context across Cordova because there are areas of MMN also on the east side of Cordova for part of that project and other areas where the MMN abuts industrial. Member Sass asked Vice Chair Shepard to be more specific in terms of what he would like to see over and above the Code minimum. Vice Chair Shepard replied the Code minimum would require a 30 -foot buffer because the existence of Cordova Road reduces the buffer from 80 to 30 feet; however, the definitions of buffer yard and landscaping in the Code require a separation and buffer between incompatible uses. Chair Katz noted that would also be true at the PDP stage. Vice Chair Shepard argued that would not be so based on the testimony provided this evening. Member Sass noted the applicants have heard the Commission, and until they have hired an engineer to develop the rezoned lot, they do not know how large the detention pond needs to be. Vice Chair Shepard stated he would be uncomfortable allowing the rezoning to go through without the knowledge that there will be some performance aspect to the proposed land us e, otherwise, this is not a good place for multi- family housing. Chair Katz argued it is a good place for multi-family housing based on the context. Vice Chair Shepard stated only the three conditions make that so. Chair Katz again stated those would have the same effect at the PDP level. Members Sass and Stackhouse agreed with the first two c onditions and having those apply at this time. Vice Chair Shepard stated this project cannot just meet bare minimum requirements because of its placement in the industrial zone. He stated the buffer cannot just be a detention pond and a setback but needs to be designed to a high level so it is effective and high-performing, otherwise the incompatible relationship between multi-family and industrial is not being addressed. Chair Katz stated he believes other members agree with that sentiment; however, he is having a hard time over- restricting the project at this high level. Member Schneider concurred and noted the applicant team has stated the conditions are acceptable. He also stated he would be willing to apply the first two conditions, but stated the third pushes too far at this level of the process. Vice Chair Shepard argued the first two conditions are philosophically similar to the third: energy conservation, water conservation, and buffering, which are all performance oriented. Member Schneider respectfully disagreed. Chair Katz stated there are too many unknowns at this point to include the third condition. Page 210 Item 12. Planning & Zoning Commission December 15, 2022 Page 7 of 7 Vice Chair Shepard stated he would like the applicant to made a statement at the podium that they will create a more enhanced, effective, and high-performing buffer than the 30 feet between Capstone Cottages and Cordova Road, which he stated was an unacceptable design. Mr. Lee stated the purpose of Land Use Code Section 3.8.26 is to provide standards to separate residential land uses and high-occupancy building units from existing industrial uses in order to eliminate or min imize potential nuisances; therefore, the Code already requires a buffer yard at the PDP level. Member Stackhouse suggested proceeding with motions . Vice Chair Shepard asked the applicant to address whether it has an equal condition along Cordova and the north property line. Mr. Lee replied the project would absolutely have to apply with the applicable buffer yard section of the Land Use Code in both cases. Member Hogestad expressed disappointment the third condition could not have gone a bit farther, as suggested by Vice Chair Shepard. Chair Katz stated that can be done at the PDP level. Member Stackhouse made a motion, seconded by Member Sass, that the Fort Collins Planning and Zoning Commission recommend that the City Council approve the proposed amendment to the Structure Plan Map to change the place type designation for the property to the mixed neighborhood place type , finding that the change to the Structure Plan Map is needed for the property to rezone to the medium -density mixed- use neighborhood zone district. The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles, and policies of City Plan and the elements thereof. This decision is based upon the agenda materials, information and materials presented during the work session and this hearing, and the commission discussion on this item. The Commission hereby adopts the information and analysis, findings of fact, and conclusions regarding this item contained in the staff report included in the agenda materials for this hearing. The vote on the motion was as follows: Yeas: Stackhouse, Hogestad, Schneider, Sass, and Katz. Nays: Shepard. THE MOTION CARRIED. Member Stackhouse made a motion, seconded by Member Schneider, that the Fort Collins Planning and Zoning Commission recommend City Council approve the rezoning of the property to the medium-density mixed-use neighborhood zone district with two staff recommended conditions: one, residential development within the boundaries of the Landing at Lemay rezoning shall achieve fifteen combined points from the energy renewables and water subcategories of the 2021 residential metro district point system, and two, residential development within the boundaries of the Landing at Lemay rezoning shall achieve five combined points from the neighborhood livability category of the 2021 residential metro district point system. In consideration of the conditions, the rezoning is consistent with the City’s Comprehensive Plan, is warranted by changed conditions within the neighborhood surrounding and including the property, the rezoning would be compatible with existing and proposed uses surrounding the prope rty and is the appropriate zone district for the property, the rezoning would not result in significant adverse impacts on the natural environment, and the rezoning would result in a logical and orderly development pattern. This decision is based upon the agenda materials, information and materials presented during the work session and this hearing, and the commission discussion on this item. The Commission hereby adopts the information and analysis, findings of fact, and conclusions regarding this item contained in the staff report included in the agenda materials for this hearing. The vote on the motion was as follows: Yeas: Stackhouse, Hogestad, Schneider, Sass, and Katz. Nays: Shepard. THE MOTION CARRIED. Page 211 Item 12. The Landing at Lemay Two Rezoning and Structure Plan Amendment, REZ230001 June 20, 2023Page 212 Item 12. The Landing at Lemay Two –Project Overview Proposal Structure Plan Amendment from Industrial Place Type to Mixed- Neighborhood Place Type Rezone from Industrial to Medium Density Mixed Use Neighborhood District Size: ~9.4 acres Rezoning consideration based on discussion of the first Landing at Lemay Rezoning, approved February 2023 2 VINE LINCOLN BUCKINGHAM 9THFirst Landing at Lemay Rezone Page 213 Item 12. The Landing at Lemay -Site & Zoning Context Land Uses Mixed zoning context Residential –South, West, North Industrial/Employment – Northeast, East Edges & barriers BNSF Railroad Yard Realigned Lemay / overpass Extension of Cordova Road 3 Page 214 Item 12. Background -P&Z Discussion at first Landing at Lemay Rezone 4 Should the remaining industrial property north of the site also be rezoned to MMN? Small, odd-shaped property featuring the same characteristics and justification for rezoning as the first Landing at Lemay Rezone Uncertainty about requirements for buffering with the first Landing at Lemay rezoning site Proactive rezoning or guidance for the forthcoming Mulberry Corridor Plan update Page 215 Item 12. Site / Vicinity Photos View from first Landing at Lemay Rezone site looking north/northwest at Lemay Avenue overpass over Vine Drive 5 Page 216 Item 12. Site / Vicinity Photos View east/northeast towards the Airpark 6 Page 217 Item 12. Site / Vicinity Photos View south across Duff Drive to the Capstone Cottages neighborhood 7 Page 218 Item 12. Rezoning Criteria Rezonings criteria governed by Land Use Code Section 2.9.4(H)(2) and 2.9.4(H)(3) Mandatory requirements for quasi-judicial rezonings: 1)Consistent with the City’s Comprehensive Plan; and/or 2)Warranted by changed conditions within the neighborhood surrounding and including the subject property. Additional considerations for quasi-judicial rezonings: 3)Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land. 4)Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. 5)Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. 8 Page 219 Item 12. 9Criteria 1 -Land Use Guidance Industrial Place Type Employment Place Type Single Family Neighborhood Mixed NeighborhoodDowntown Structure Plan Map (2002) East Mulberry Corridor Plan City Plan / East Mulberry Corridor Plan land use guidance matches existing Industrial zoning designation Structure Plan Map Amendment requested to align with proposed zoning Industrial Place Type Mixed Neighborhood Place Type Page 220 Item 12. Criteria 1 –Policy Guidance 10 Tension between two sets of policy guidance –could support either existing industrial designation or change to a residential designation. CITY PLAN Principle EH 4: Ensure that an adequate and competitive supply of space and/or land is available to support the needs of businesses and employers of all sizes. Policy LIV 5.1: To enhance community health and livability, encourage a variety of housing types and densities, including mixed-use developments that are well served by public transportation and close to employment centers, shopping, services, and amenities. EAST MULBERRY CORRIDOR PLAN Principle EMC.LU-4: The East Mulberry Corridor study area supports the retention of existing industrial and agricultural business uses and their future expansion. Policy EMC.LU –4.1: Existing and future industrial uses will be supported and focused along I-25 frontage and around the Fort Collins Downtown Airport area. Policy EMC.H-1.1: A variety of housing types will be developed within new neighborhoods and located close to neighborhood shopping, employment, and recreation. Page 221 Item 12. Criteria 1 –Policy Guidance 11 RESIDENTIAL POLICY FACTORS: Site is located between two major employment centers (Downtown / Mulberry Corridor) Site has proximity to Downtown retail and neighborhood retail at the Mulberry & Lemay Crossing Shopping Center. Direct link, including transit, along Lincoln Avenue to other Downtown amenities Proximity to other employment/industrial users (potential nuisances) INDUSTRIAL POLICY FACTORS: Vacant land available for new development close to other industrial users in the Mulberry Corridor Limited size and visibility/accessibility given site context near railroad yard, overpass Not likely to contribute significantly to competitiveness of City’s future industrial land supply Page 222 Item 12. Criteria 2 -Warranted by Changed Conditions 12 Infrastructure, Access, Visibility Realigned Lemay Ave & overpass –limited access, reduced visibility Site not as suitable towards certain industrial uses (warehousing / logistics) Adjacent Zoning & Uses Rezones: Landing at Lemay Rezone (IMMN), Capstone Cottages (I MMN), Woodward / Lincoln Ave (POL CCR D) Growth of breweries have changed composition of former (I) areas to the west Industrial Development Demand Since 2000, average annual development of ~55,000 sf Demand flat / slightly falling even as community grows 850 undeveloped industrial acres remaining (City Plan); require approx. 7-8 acres per year Large undeveloped industrial sites along I-25 between Mulberry & Mtn. Vista Less demand for speculative custom small industry (ex: airpark) new construction Page 223 Item 12. Criteria 2 -Warranted by Changed Conditions 13 Lincoln Ave Rezone & Breweries Woodward Rezone Capstone Cottages Rezone New Overpass Page 224 Item 12. Criteria 3 -Compatible with Existing Uses 14 Site Context Abutting zoning split between residential (south & west) and industrial/employment (north & east) Rezoning clarifies role of any buffering needed between this site and the first Landing at Lemay Rezoning Site buffered to the north and west by realigned Lemay / overpass; railroad yard (MMN) vs (I) future development –potential tradeoffs MMN –likely more traffic; taller buildings I –potential for aesthetic / noise / nuisance impacts Either development scenario: similar intensity to existing, abutting land-uses Future development (regardless of zoning) need to address compatibility concerns Cordova Road Extension Future eastern edge to site Opportunity to create an edge and additional distance between existing industrial uses and residential to the westPage 225 Item 12. Criteria 4 –Impacts to Natural Environment 15 Considerations (I) or (MMN) development have similar development intensity & impacts Ex: (MMN) more human activity; (I) more impervious area Site contains no identified Natural Habitats and Features according to inventory mapping Aerial imagery indicates possible presence or past presence of prairie dogs Ecological Characterization Study required prior to any future development LUC 3.4.1 standards and requirements shall apply Requirements apply to both (I) or (MMN) zoning Page 226 Item 12. Criteria 5 -Logical / Orderly Development Pattern 16 Broader Vicinity MMN serves as buffer between lower intensity residential zones and non- residential uses Future residential well-served by: Transit –Lincoln Avenue Employment –Mulberry Corridor, Downtown Services –Downtown, Lemay Crossing Shopping Center, Future Woodward Retail Cordova Rd extension as boundary between Industrial & Residential Downtown Mulberry Corridor Lemay CrossingFuture Woodward Retail Page 227 Item 12. Staff Evaluation Summary 17 Rezoning Criteria Staff Evaluation Consistent with the City’s Comprehensive Plan Complies Warranted by changed conditions within the neighborhood surrounding and including the subject property Complies Proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land Complies Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment N/A / Complies Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern Complies Page 228 Item 12. Community Outreach 18 Neighborhood Meeting October 2021 to discuss rezoning & early multifamily project concepts Key discussion topics: Building height & traffic generation concerns Impacts of development on water resources and wildlife Desire for more mixed-use land uses in area; particularly more walkable retail/restaurants Page 229 Item 12. 19 RESOURCES Page 230 Item 12. Zoning Map 20 Page 231 Item 12. 21City Plan Employment Analysis –Industrial Trends Page 232 Item 12. 22City Plan Employment Analysis –Vacant Land Supply Page 233 Item 12. 23City Plan Employment Analysis Page 234 Item 12. 24City Plan Employment Analysis Page 235 Item 12. 25 A minimum eighty-foot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the City's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the City's jurisdictional boundary) is separated by a public street. LUC 4.28(E)(3)(a)(3) Page 236 Item 12. 26 Purpose. The purpose of this Section is to provide standards to separate residential land uses and high occupancy building units from existing industrial uses in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, air pollutants, hazardous materials or site contamination, or danger from fires or explosions. LUC 3.8.26 –Supplementary Buffering Standards Option Width Plant Multiplier Option: Add 6’ Wall Option: Add 3’ Berm or 6’ Fence Buffer Yard B:15 feet 1.25 20 feet 1.00 25 feet .90 4 Shade Trees 30 feet .80 .75 .85 4 Ornamental Trees or Type 2 Shrubs ***35 feet .70 3 Evergreen Trees 40 feet .60 25 Shrubs (Type 2)45 feet .50Page 237 Item 12. Floodplain Floodplain Mapping 27 Site Site located in the 500-yr Poudre River Floodplain Primary impact: No critical facilities Page 238 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Yani Jones, Historic Preservation Planner Heather N. Jarvis, Legal SUBJECT First Reading of Ordinance No. 101, 2023, Designating the Emma Malaby Grocery Property, 313 North Meldrum Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to request City Landmark designation for the Emma Malaby Grocery Property at 313 North Meldrum Street. In response to an application from the property owner, Historic Larimer County, City staff and the Historic Preservation Commission have determined the property to be eligible for designation under City Code Section 14-22, Standards 1 – Events, 2 – Persons/Groups, 3 – Design/Construction, and 4 – Information Potential. The owner is requesting designation to ensure protection of the property's buildings and features and to gain access to financial incentives for historic property owners. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The store on this property was constructed in 1881 by builder Hiram Pierce for George T. Wilkins, a notable photographer who took many of the portraits held in the local history archive today. Wilkins’s store was originally located in what is now the 100 Block of North College Avenue, and he operated his business there for about fifteen years. In 1906, the store building was moved by Frank Collamer to its current location on North Meldrum Street. In 1916, the Collamer family expanded the store with an ell-shaped addition and constructed the barn on the property. The grocery business was primarily run by Frank Collamer’s daughters, including Emma Malaby, who operated the grocery for over twenty years. The Collamer family also ran other businesses from this property, such as a wood yard and antique shop. The property passed to different descendants of the Collamer family over the years, most recently Jim Burrill. Mr. Burrill donated the property to Historic Larimer County earlier this year. Under Standard 1, this property represents two events/patterns in Fort Collins history: (1) the location of grocery stores within residential settings prior to World War II; and (2) women’s history in business, through association with multiple women in the Collamer family, including Minerva Stoneburner and Emma Malaby and their other sisters. Under Standard 2 for persons/groups, this property is associated with notable early photographer George T. Wilkins, who operated a photography studio out of the store building, as well as with the Collamer family, who have been involved in Fort Collins religious, social, and political life for well Page 239 Item 13. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 over a century. Under Standard 3 regarding design/construction, this property contains one of three remaining false-front stores in Fort Collins; a stacked-plank shed, one of only two remaining examples of stacked-plank construction in Fort Collins; and a rare example of a barn original to and remaining in the boundaries of Fort Collins’s original plat. Under Standard 4, because there is known to be a combined salvage yard and wood pile between the grocery building and barn, because of the presence of a stone- lined well that was filled in prior to 1980, and because of the likely location of a privy pit on this site, this property has potential to yield historical archaeological information related to life in the early to mid- twentieth century. To convey its significance under Standards 1, 2, 3, and 4, the Emma Malaby Grocery Property retains a preponderance of all seven aspects of integrity, including location, design, setting, materials, workmanship, feeling, and association. CITY FINANCIAL IMPACTS Designation as a Fort Collins Landmark qualifies property owners for certain financial incentives funded by the City, as well as allows private property owners to leverage State tax incentives for repairs and modifications that meet national preservation standards. These include a 0% interest revolving loan program and Design Assistance mini-grant program through the City and the Colorado State Historic Tax Credits. BOARD / COMMISSION / COMMITTEE RECOMMENDATION At its June 21, 2023, regular meeting, the Historic Preservation Commission (HPC) adopted a motion on a vote of 5-0 (2 absences, 1 recusal) to recommend that Council designate the Emma Malaby Grocery Property as a Fort Collins Landmark in accordance with City Code Chapter 14, based on the property’s significance under Standards 1 – Events, 2 – Persons/Groups, 3 – Design/Construction, and 4 – Information Potential, and its integrity under all seven aspects: location, design, setting, materials, workmanship, feeling, and association. The HPC further recommends that designation of the property will advance the policies and purposes of City Code Chapter 14 set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify the designation. PUBLIC OUTREACH Because this Landmark nomination was owner-initiated, public outreach or notice described under Municipal Code Section 14-34 was not required. Outreach was limited to the property owner, the Larimer County Historic Alliance, dba Historic Larimer County, and included discussions with the owner of the eligibility of the property for designation, financial incentives for preservation, design review obligations for future exterior alterations, and the designation process in general. ATTACHMENTS 1. Ordinance for Consideration 2. Historic Preservation Commission Resolution 5, 2023 3. Location Map 4. Landmark Nomination Form and Signed Acknowledgement 5. Presentation Page 240 Item 13. -1- ORDINANCE NO. 101, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE EMMA MALABY GROCERY PROPERTY, 313 NORTH MELDRUM STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement, and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on June 21, 2023, the Historic Preservation Commission (the “Commission”) determined that the Emma Malaby Grocery Property, 313 North Meldrum Street in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, Section 14-22(a) under Standards 1- Events, 2 - Persons/Groups, 3 - Design/Construction, and 4 - Information Potential; and WHEREAS, the Commission’s resolution includes findings under Standards 1, 2, 3, and 4 that specifically the Property is eligible: (Standard 1) for its association with a pattern of development, the location of grocery stores within residential settings prior to World War II; for its association with women’s history in the area of business through associations with multiple women in the Collamer family who ran a business at this location, including Minerva Stoneburner and Emma Malaby, along with their sisters; (Standard 2) for its association with G.T. Wilkins, a notable early photographer who operated a photography studio out of the store building; for its association with the Collamer family, who have been involved in Fort Collins religious, social, and political life for well over a century; (Standard 3) for the design/construction of the store, which is one of three known remaining false-front stores in Fort Collins and the last known remaining wood frame building from the “triangle” area of Old Town; for the design/construction of the barn, which is a rare example of a barn built in and remaining in the boundaries of Fort Collins’s original plat; and for the design/construction of the stacked-plank shed, one of only two known remaining examples of stacked-plank construction in Fort Collins; and (Standard 4) because the Property has potential to yield historical archaeological information related to life in the early to mid-twentieth century due to the known location of a combined salvage yard and wood pile between the grocery building and barn, a stone-lined well that was filled in prior to 1980, and a likely privy site at the south edge of the Property; and WHEREAS, the Commission determined eligibility also because the Property has historic integrity of Location, Setting, Design, Materials, Workmanship, Feeling, and Association under City Code Section 14-22(b)(1-7); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and Page 241 Item 13. -2- WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the current owner of the Property nominated the Property, has consented to landmark designation, and desires to protect the Property; and WHEREAS, landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow the Commission’s recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark will continue the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: LOT 3, BLOCK 53, FORT COLLINS ALSO KNOWN BY STREET AND NUMBER AS 313 N. MELDRUM ST., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions, and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Section 4. That in compliance with Section 14-36 of the City Code, the City shall, within fifteen days of the effective date of this Ordinance, record among the real estate records of the Larimer County Clerk and Recorder a certified copy of this Ordinance designating the property. Page 242 Item 13. -3- Introduced, considered favorably on first reading, and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 243 Item 13. DocuSign Envelope ID: 7F86AE6C-C5B4-40E9-92E8-C146F94E7BFB RESOLUTION 5, 2023 OF THE CITY OF FORT COLLINS HISTORIC PRESERVATION COMMISSION RECOMMENDING LANDMARK DESIGNATION OF THE EMMA MALABY GROCERY PROPERTY, 313 N. MELDRUM ST., AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, it is a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects, and districts of historic, architectural, archeological, 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 WHEREAS, it is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historic, architectural, archeological and geographical heritage of the City and by ignoring the destruction or defacement of cultural assets; and WHEREAS, the Emma Malaby Grocery Property, located at 313 N. Meldrum St. in Fort Collins (the “Property”) is eligible for Landmark designation for the Property’s significance to Fort Collins under Standard 1 – Events, Standard 2 – Persons/Groups, Standard 3 – Design/Construction, and Standard 4 – Information Potential, contained in City Code Section 14- 22(a): and retaining sufficient historic integrity of Location, Setting, Design, Materials, Workmanship, Feeling, and Association, as described in City Code Section 14-22(b); and WHEREAS, the Historic Preservation Commission has determined that the Property meets the criteria of a landmark as set forth in Section l4-22 of the code and is eligible for designation as a Fort Collins Landmark; and WHEREAS, the owner of the Property nominated the Property and consents to landmark designation of the Property. NOW, THEREFORE, be it resolved by the Historic Preservation Commission of the City of Fort Collins as follows: Section 1. That the Historic Preservation Commission adopts and incorporates the foregoing recitals as findings of fact and: 1. That the designation of this Property will advance the City of Fort Collins’s Policies and Purposes for Historic Preservation; and 2. That the Property is significant under Standard 1 – Events, because it represents two events/patterns in Fort Collins history: (1) the location of grocery stores within a residential setting prior to World War II; and (2) women’s history in the area of business through association with 1 Page 244 Item 13. DocuSign Envelope ID: 7F86AE6C-C5B4-40E9-92E8-C146F94E7BFB 2 City of Fort Collins Historic Preservation Commission Resolution No. 5, 2023 multiple women in the Collamer family who ran a business at this location, including Minerva Stoneburner and Emma Malaby, along with their sisters; and 3. That the Property is significant under Standard 2 – Persons/Groups, because it is associated with notable early photographer G.T. Wilkins, who operated a photography studio out of the store building, as well as with the Collamer family, who have been involved in Fort Collins religious, social, and political life for well over a century; and 4. That the Property is significant under Standard 3 – Design/Construction, because it contains one of three remaining false-front stores in Fort Collins, a stacked-plank shed, one of only two remaining examples of stacked-plank construction in Fort Collins, and a rare example of a barn original to and remaining in the boundaries of Fort Collins’s original plat; and 5. That the Property is significant under Standard 4 – Information Potential, because it has potential to yield historical archaeological information related to the early to mid-twentieth century due to the known original location of a combined salvage yard and wood pile between the grocery building and barn, a stone-lined well that was filled in prior to 1980, and a likely privy site at the south edge of the property; and 6. That the Property retains a preponderance of integrity to convey its significance under the following aspects: Location, Setting, Design, Materials, Workmanship, Feeling, and Association; and 7. That the owner’s desire to protect this historic Property and its resources will be furthered by the Property’s status as a Fort Collins Landmark and the accompanying protections and review mechanisms designation confers; and Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: LOT 3, BLOCK 53, FORT COLLINS ALSO KNOWN BY STREET AND NUMBER AS 313 N. MELDRUM ST., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with Chapter l4 of the Code of the City of Fort Collins. Section 3. That the criteria contained in Chapter 14, Article IV of the City Code will serve as the standards by which alterations, additions and other changes to buildings and structures located upon the above described Property will be reviewed. Page 245 Item 13. DocuSign Envelope ID: 7F86AE6C-C5B4-40E9-92E8-C146F94E7BFB 3 City of Fort Collins Historic Preservation Commission Resolution No. 5, 2023 Passed and adopted at a regular meeting of the Historic Preservation Commission of the City of Fort Collins held this 21st day of June, 2023. Jim Rose, Co-Chair ATTEST: Secretary/Staff Page 246 Item 13. 2,257 376.2 Emma Malaby Grocery Property (313 North Meldrum St.reet) This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 286.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet286.00143.00 Notes Legend 1,715 Street Names Parcels Growth Management Area City Limits World Hillshade Page 247 Item 13. Historic Preservation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.4250 preservation@fcgov.com fcgov.com/historicpreservation 1 Fort Collins Landmark Designation LOCATION INFORMATION Address: 313 N. Meldrum St., Fort Collins, CO 80521 Legal Description: Lot 3, Block 53, Fort Collins Property Name (historic and/or common): Emma Malaby Grocery OWNER INFORMATION Name: Company/Organization (if applicable): Larimer County Historic Alliance, DBA Historic Larimer County Phone: Email: meg@historiclarimercounty.org Mailing Address: PO Box 1909, Fort Collins, CO 80522 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other Storage FORM PREPARED BY Name and Title: Meg Dunn Address: 720 W. Oak St., Fort Collins, CO 80521 Phone: 970-484-3777 Email: meg@historiclarimercounty.org Relationship to Owner: Vice President DATE: April 26, 2023 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: Page 248 Item 13. 2 The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property (hereinafter the “Property”) consists of a wood frame false-front store with el-shaped shed addition, a stacked plank shed, a barn, and the land encompassing the boundaries of the lot including a filled-in well site. STATEMENT OF SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards set forth in Fort Collins Municipal Code Section 14-22(a): Standard 1: Events This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: a) A specific event marking an important moment in Fort Collins prehistory or history; and/or b) A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. The Emma Malaby Grocery on N. Meldrum is an excellent example of a historic neighborhood grocery located within a residential setting, which was a common pattern of development in Fort Collins up until World War II. This development pattern affected how people lived, shopped, and worked. It strengthened neighborhood bonds, enabled active modes of transportation, and enabled families to operate a business close to home. The Emma Malaby Grocery is an important example of women in business in Fort Collins’ early history. While Frank A. Collamer owned and ran the grocery business on N. Meldrum, it was his daughters – Emma, Mary Ellen, Minerva, Ruth, Effie May, and Laura – who ran the day-to-day operations. Around 1916/17, Frank and Achsah moved to Cherry and Grant, where Frank ran another neighborhood grocery. He gave the grocery on N. Meldrum to his daughter Minerva to run. After Minerva’s untimely death, the store became the property of Frank’s daughter Emma. Standard 2: Persons/Groups This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. The Emma Malaby Grocery was originally the George T. Wilkins Photography Gallery. Wilkins was one of Fort Collins earliest photographers and, as such, captured the images of multiple early Fort Collins families including A. W. Scott, Henry Franz and family, and members of the Hottel family. Wilkins was not only an important early resident of Fort Collins, but through his photography business, he captured Fort Collins history through his camera lens. Page 249 Item 13. 3 The Emma Malaby Grocery was also an important focal point within the history of the Collamer family. The Collamers ran multiple businesses out of the store including a grocery, a wood and coal business, a resale shop, a salvage yard, and an antique store. The fact that the building was moved onto the property also creates a strong connection with the Collamer family. On lots 1, 2, 3, 4, and 5 along the 300 block on N. Meldrum, all of which once belonged to Frank Collamer, the house at 317 N. Meldrum, the house at 315 N. Meldrum, the store at 313 N. Meldrum, the house at 305 N. Meldrum, the house at 414 Maple (part of the 303 N. Meldrum lot), and the Dermody Transfer building (also on the 303 N. Meldrum lot) were moved from elsewhere. The stacked plank shed and barn both contain reused materials which were repurposed for building construction and repair. In keeping with the thrifty sensibilities which encouraged whole building reuse as noted above, material reuse was also common among Collamer family members, which is reflected in the materiality of these two structures. The Collamers have been actively involved in religious, social, and political life in Fort Collins for well over a century. The family arrived in 1870 as part of the Mercer Colony and were integral members of the community from that time through to the early twenty-first century. Standard 3: Design/Construction This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. The Emma Malaby Grocery is one of only three remaining false-front storefronts in Fort Collins. It is also the last remaining wood frame building from “the triangle” (referring to its original location on N. College, within the triangle of “Old Town,” as described in the August 1, 1906 Fort Collins Weekly Courier). It is an excellent example of early construction methods in Fort Collins, and it represents the work, in both design and construction, of Hiram Pierce, an early Fort Collins contractor. The stacked-plank shed is one of only two remaining such examples of stacked-plank construction within Fort Collins. It is also an unusual example of this form of construction as stacked-plank construction was usually reserved for larger buildings that would be holding grain. The barn is an important example of outbuilding architecture for livestock, feed and wagons that includes an expansive open interior, a second floor loft, and exposed beams; and it is a particularly rare example that is original to, and remaining within, the boundaries of the original plat of Fort Collins Standard 4: Information Potential This property has yielded, or may be likely to yield, information important in prehistory or history. Page 250 Item 13. 4 The area between the Emma Malaby Grocery and the barn was, for several decades, a combined salvage yard and wood pile. The property therefore has potential to yield archaeological information from the early to mid-1900s as items may have dropped and been buried over the years. A stone-lined well is located between the store and the barn (about 8 feet east of the barn). It was filled in around the mid-1900s and may contain items of interest from that or former time periods. Additionally, the outhouse of 305 N. Meldrum St. was located near the back door of the store building at 313 N. Meldrum St. It is likely that this privy site is under the unpaved driveway that currently serves 305 N. Meldrum St., but which is within the parcel boundary of the Emma Malaby Grocery Property. In addition to their outhouse function, privy pits were historically used like trash receptacles, and so their excavation can uncover assemblages of broken dishware, construction material from building projects, and other types of household artifacts. The privy pit, should it be uncovered, is also likely to yield historical archaeological information related to life in the early to mid-twentieth century. Period of Significance is the discrete chronological period (or periods) during which a historic property gained its significance. Additions or alterations to a property that have significance in their own right can warrant the extension of a Period of Significance. Period(s) of Significance: 1881 - 1992 Integrity is the ability of a site, structure, object or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities set forth in Fort Collins Municipal Code Section 14-22(b): location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard 1: Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. Though the store does not stand in the same location where it was originally built, it still bears witness to its original use as a photography studio with the intact storefront, the large (though not original) window on the south elevation, and the currently covered skylight (the framing of which remains intact). The store has been in its present location since 1906, and all of the events and most of the people for which the site is significant are tied to its current location. The stacked plank shed and barn are in the location where they were constructed. Standard 2: Design is the combination of elements that create the form, plan space, structure and style of a resource. Based on early photos of the store when it was located at 146 N. College, the design of the false front store has been altered with the addition of a covered front porch and el- Page 251 Item 13. 5 shaped shed addition around the back and side of the building, both of which are now historic in their own right. The stacked plank shed retains a strong sense of its original design with no known modifications having been made to the structure. The barn retains its original form and structure, though some design elements such as two hay-loft doors; a south, human-sized door; and a north human-sized split door were filled in with Celetex fiberboard and the entire building was covered with hard board sheets of siding in 1992. Standard 3: Setting is the physical environment of a resource. Setting refers to the character of the place; it involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. The setting of the original photography studio changed significantly when the structure was moved in 1906. The current setting of the grocery store remains largely residential, however the recent construction of a mixed-use building across the street does affect the setting somewhat. The house to the south of the grocery was brought in from Loveland in the early 2010s and is therefore not original to the neighborhood, but as it is residential in nature, it continues to help convey the original setting of the store. The setting of the stacked plank shed and barn remains intact as the new development is largely blocked by the store. Standard 4: Materials are the physical elements that form a resource. Cladding: Three elevations of the grocery and the entirety of the barn have non-original exterior cladding. The north and west elevations of the store (the el-shaped addition) was reclad with Ponderosa pine in 1988 to match the original, though the width of the tongue and groove boards differs somewhat from the original. The barn was covered in hard board sheets of siding in 1992. The original barn cladding may still be intact under the hard board sheets. Windows: The storefront windows on the Malaby store are intact but covered with plywood for protection. A few of the panes were replaced in 1988 with tempered glass. Windows on the front of the Woodyard Store (located in the northern side of the addition to the store) are covered with plexiglass storm windows and plywood has been installed behind the glass to block views into the building. The two windows on the north elevation of the building are in the same location as the original windows but are smaller than the originals. Fred Collamer installed wainscoting on the interior of the north-side of the addition and gaps in the wainscotting reveal the size and form of the original northside windows. The 12-light window on the south elevation of the store is not original. It replaced a larger 30 light window that had been significantly damaged due to water infiltration. Doors: All doors on the east elevation of the store are original. The doors on the south elevation of the store are replacements from the 80s. The human-sized door on the north elevation has been covered with plywood. And the large beadboard door on the north elevation of the store is original, though it has been reduced in size. About 1 foot width of door was removed and that area that the door previously covered now contains an electrical box that was added in the late 1980s. A piece of lumber was also added to the top of the door at that time. The door on the shed is original. The only original door Page 252 Item 13. 6 on the barn is now located on a shed at 315 N. Meldrum. All other doors were replaced or removed. The original openings are all evidenced by black Celetex applied on the interior of the building within the door openings (including the two door openings from the hayloft out to the alley). The main barn door on the east side was constructed of scrap materials from old Hewlett-Packard boxes in the 1980s. Roofs: The store has a wood shingle roof that is in bad shape. The shed has a wood plank roof covered with sheet metal taken from old water heaters and flattened out. This salvaged roofing material is original to the shed. The barn has a non-original asphalt roof which replaced a wood shingle roof. The east side of the barn roof has a plywood underlayment, while the west side is of OSU board. Additional Notes: The porch on the store has had material replaced over time, but all were in-kind replacements. The southern uncovered porch extension was removed at an unknown date (prior to 1954). The original entrance steps to the Woodyard Store entrance rotted out and were replaced in the early 1990s with wood from pallets scavenged from HP (Hewlett Packard). The protruding cornice originally on the eastern elevation of the building was removed at an unknown date.) Standard 5: Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. The store exhibits clear evidence of labor in constructing and historic altering of the building. The false front and covered front porch are the most distinct examples of workmanship on the Malaby store. The el-shaped shed addition indicates the labor of an owner expanding commercial space in order to accommodate a second business out of the same location. Physical evidence of workmanship on the barn is visible primarily from the interior of the building where the original framing can be seen. The stacked plank shed clearly exhibits workmanship in style of construction, reuse of materials on the roof, and the handmade door. Standard 6: Feeling is a resource’s expression of the aesthetic or historic sense of a particular time. It results from the presence of physical features that, taken together, convey the resource's historic or prehistoric character. The Emma Malaby Grocery strongly conveys a feeling of early Fort Collins due to its battlement front, welcoming covered porch, and historic storefront entrance. The relationship of the store, the shed, the barn, and the surrounding Collamer properties (at 303, 305, and 315 N. Meldrum) also add to the sense of history and historic use of this property Standard 7: Association is the direct link between an important event or person and a historic or prehistoric resource. A resource retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Though the store and barn have both been slightly altered over time, they still retain a significant level of integrity indicative of multiple family businesses having been operated out of this lot. In fact, one could argue that the changes over time, especially the reuse of salvaged parts and the do-it-yourself improvements and repairs, are in keeping with a Page 253 Item 13. 7 family that valued thrift and self-sacrifice. In this sense, all three structures, as well as possible archaeological finds, all speak strongly of the hard-working Collamer family that has used and maintained this property since 1906. Page 254 Item 13. 8 HISTORICAL INFORMATION Before the subdivision of the land by the government of the United States, both the parcel located at 313 N. Meldrum Street, where the Emma Malaby Grocery is currently located, as well as the parcel at 146 N. College Avenue, where the building was constructed and resided for twenty-five years, was under the sovereign domain of Indigenous Peoples, most notably the Arapaho and Cheyenne Nations. In addition, the Sioux, Comanche, Ute, Kiowa, and Pawnee ranged through the area with some regularity. In 1864, after a flood washed out the military camp located in what is now Laporte, a new military camp was set up 4 miles downstream. On November 14, 1864, President Abraham Lincoln and Acting Secretary of the Interior, W. T. Otto, signed the document formalizing the reservation of the land for military use. The two parcels listed above resided within the 6,168.92 acres of military reservation that was set aside for the use of Fort Collins. When the military reservation was formally decommissioned and opened for settlement on May 15, 1872, the land was sold in large parcels. These property owners then deeded their holdings to the Larimer County Land Improvement Company in return for stock in the company. Sarah E. Eddy purchased lot 13, block 18 (now known as 146 N. College Avenue) on July 17, 1873 from the Larimer County Land Improvement Company according to the “Emma Malaby Grocery History Project.” George T. Wilkins, a local photographer, purchased the lot from Eddy on January 28, 1881 for $300.00. On February 3, 1881, The Express included a short article about Wilkins’ new building, saying: “G. T. Wilkins, the photographer, will commence this week to erect a frame building just north of the one now occupied by By. Allen. It will be forty feet by twenty-two, and constructed on a plan suited to the photographing business. The front part will be used as a reception room, and the rear will be fitted up as a work room. New furniture and modern appliances are to be added, and nothing will be omitted that can help to make this gallery one of the best in the state.” Another article in the Fort Collins Courier on the same day stated: “Mr. Hiram Pierce has just completed plans for an art gallery to be built for Wilkins, the photographer, on College avenue. The building will be 22x45, one eleven foot story in height, with battlement front. The front is to be finished after a very neat design, and when completed will present a pleasing appearance. Mr. Pierce has the contract for completing the entire building.” On February 10th, The Express announced that the foundation had been laid and the building would be 45x25 feet. Construction progressed quickly, and by the last week of March, George Wilkins, his wife Emma, and their ten-year-old daughter, Clara, moved into the building, both to work and to live. An attempted burglary on June 16th of that same year involved two men peering in from their back porch. Mr. Wilkins chased the men down College Avenue (despite only being partially dressed) and slept with a large revolver at the ready from then on until the family moved to a residence on Myrtle Street in April 1882. Page 255 Item 13. 9 The December 22, 1881 Fort Collins Courier, in listing all of the new buildings that had been constructed in town that year, included Wilkins’ building stating, “Photograph gallery and residence for G. T. Wilkins on College avenue, costing $1,000.” The earliest listed address for the property was given as 442 N. College Avenue. The December 13, 1881 Daily Express announced that the windows on Wilkin’s “photograph gallery” had been blown in by the wind. They had to be boarded up and the glass was later replaced. They were blown out again in March 1886. Wilkins sold his store to Thomas Quinn for $1,000 in August 1896 and moved his photography shop to the Commercial House block. It is unknown how Thomas Quinn used the building during his ownership, and in December of 1899 he sold the property to Ben Whedbee for $1,200. The first mention of a tenant in the Wilkins building is from a June 5, 1900, Weekly Courier article stating that Mrs. Shipley was opening a millinery shop. Later advertisements for the millinery list the address as 148 N. College Ave., which matches a change in numbering along College Avenue indicated in the 1901 Sanborn Map. According to Collamer family lore, Mary Ellen Collamer worked for Mrs. Victoria Ann Shipley in her millinery shop when it was in this building. She later married Shipley’s son, Rolly, in 1904. Mary Ellen Shipley was the daughter of Frank Algerine and Achsah Alice Collamer. The October 24, 1900 Weekly Courier announced that, “The Misses St Clair of Iowa have purchased the millinery stock of Mrs. V. A. Shipley and have taken possession of the same and will continue to do business at the present location until another suitable room can be found.” So Shipley’s business didn’t last long in the Wilkins building. On April 6th, 1900, Frank A. Collamer (the father of Mary Ellen Shipley) purchased the lot at 313 N. Meldrum. It appears to have been a vacant lot at the time. The 1902, 1903, 1904, and 1906 City Directories list Elizabeth and Nettie St. Clair as milliners that both lived and worked at 148 N. College Ave. In August of 1906, the St. Clairs moved their millinery business to 122 S. College Ave. A new bank building was announced on June 27, 1906 in the Weekly Courier: “The Commercial Bank and Trust company has purchased the Whedbee lot on North College avenue, located adjacent to the new Barkley block, on which is one of the oldest frame buildings in the city. ‘We have made the purchase and will put up a block just as soon as possible, said President Clark. We can't get possession of the property for four weeks. The matter is in the hands of a committee which is having sketches made by the architect. I am unable to say just what kind of a structure will be decided upon.’” The transaction took place in early July, with the Commercial Bank and Trust Company buying the lot from Ben Whedbee for $6,500. They weren’t interested in the wood structure, however. The sale of the building was announced the following month: “Frank Collamer has bought the old frame structure on the Whedbee lot, N. College avenue, recently purchased by the Commercial Bank and Trust company. Mr. Collamer is Page 256 Item 13. 10 preparing to move the house to the northwest part of town, it being the only frame building in the triangle. The lot will be used for the immediate erection of a one story brick and stone building, which the bank will use exclusively for its business.” (August 1, 1906, Fort Collins Weekly Courier.) According to Ruth (Collamer Burrill) Dermody (in an interview with City staff, David Ayers, in 1984), the foundation was built for the store by a Mr. Hartline, which may have been Clarence Henry Hartline, a lodger that was listed as living with Fred P. Collamer and family in Laporte in the 1920 census. It was made of whitestone taken from a quarry at the mouth of Rist Canyon and hauled back to Fort Collins by horse-drawn wagon. According to Art Collamer, who would have been 14 years old at the time, the building was moved with a sturdy cable wrapped repeatedly around the building and attached to a single horse. A series of logs were placed under the structure and the horse pulled it across the rollers. A block and tackle were used so that for every 10 feet that the horse moved, the store would move one foot. It was a long process which took about two weeks to complete. The new home of the store was 313 N. Meldrum St. This residential area is within the original Fort Collins plat. Additionally, during the late nineteenth and early twentieth centuries, a small community of Black/African American residents lived in this Meldrum Street area around Cherry and Maple Streets. For example, in 1906, Harkless Hicks and his children lived across the street from this property, at 310 N. Meldrum St.; his wife, Hattie, passed away just a few months before the grocery building was moved across the street from their home. Harkless continued to live directly across from the grocery building until about 1919, when he moved just next door with his second wife, Josie. It is unknown whether Black/African American neighbors, like Harkless, in this area shopped at the Collamer family’s grocery store at 313 N. Meldrum St., but it is a possibility. The former photography gallery and millinery was opened as the Frank Collamer Grocery in early 1907. The neighborhood store carried hay, feed, coal, and wood, along with typical grocery items such as flour, sugar, and cigars. Collamer added a full length covered front porch at this time. The porch included a un- covered southern extension that was later removed. Built-in seating was added to the porch either before, or around the time of, the 1916 addition. Signage was also painted on the façade, over the roof of the porch, which said, “Frank Collamer. Grocery. Hay, Grain, Flour, Feed, & Wood.” For a very brief time in 1907, Frank A. Collamer sold his grocery business to Messrs. W. E. Robinson and Grate. Collamer had run a cash & carry system, but Robinson and Grate allowed purchases on credit. The business quickly failed and Collamer purchased the store and all its contents right back from them and went back to requiring cash for all payments. An el-shaped addition was constructed around the west and north sides of the store in 1916, about the same time that the barn was built behind the store. According to Frank A. Collamer’s great-grandson, Jim Burrill, it’s likely that Frank Collamer hired help to construct the addition and barn. The addition became the Woodyard Store, run by Frank A. Collamer’s son, Fred. At some point the word “Woodyard” was painted on the eastern end of the addition. It was around this same time that Frank Collamer moved to 801 Cherry, where he ran another neighborhood grocery. He put his daughter Minerva Stoneburner (whose husband, Irwin R. Stoneburner had died in January 1914 of an unfortunate train accident) in charge of the N. Meldrum store, but the sign Page 257 Item 13. 11 over the store remained the “Frank Collamer Grocery.” Minerva was remarried to James Carlon on September 24, 1919. But in February of 1921, James killed Minerva and then himself. Following Minerva’s death, Frank Collamer gave the store to another of his daughters, Emma Malaby. Emma repainted the sign over the top of the store, renaming it the Emma Malaby Grocery. Emma Malaby ran the grocery store, and for a time a resale business as well out of the back addition, until 1943. At the age of 63, she shut down her business and had the building boarded up. It remained unused for several decades. Emma Malaby passed away September 19, 1967. The property passed on to her brother, Art Collamer. On December 1, 1980, Art Collamer gave 313 N. Meldrum to his sister, Ruth Dermody. On December 22, 1986, Ruth gave the property to her son, Art Burrill. Ruth passed away the following week at the age of 91. Art Burrill gave the property to his son, Jim Burrill, in January 1987. Jim and his wife Carol opened an antique store in the building in 1989. They named it Emma Malaby Antiques. It operated until 1992. The Burrills received a Friend of Preservation award from the City of Fort Collins Landmark Preservation Commission in 1991 for rehabilitation work they had done on the building and for restoring it to life with the antique shop. The building has primarily been used for storage since that time. In 2014, the building was used as a backdrop in a small, locally made movie called “Forget Me Not,” by Christopher McKee. A trailer for the movie can be viewed at https://vimeo.com/105061660 Ownership Chronology The land was initially under the sovereign control of the Arapaho and Cheyenne People. It was reserved as a military installation on November 14, 1864. The military reservation was decommissioned on May 15, 1872. (Marmor, Jason. “Historical Contexts for the Old Fort Site, Fort Collins, Colorado, 1864-2002.”) Andrew Cowan owned the land upon which block 53 would later be platted. Cowan deeded the property to the Larimer County Land Improvement Company. (HistoryGeo.com. Fort Collins Courier, July 27, 1878) George T. Wilkins purchased Lot 13, Block 18 on January 28, 1881. (David W. Ayers, City of Fort Collins, City Planning Division, in the research project entitled “Emma Malaby Grocery History Project.” Summer 1984.) “Real Estate Transfers. Geo. T. Wilkins to Thos. Quinn, lot 13, block 18, Fort Collins; $1,000.” (Fort Collins Courier, August 27, 1896) “Thomas Quinn to B. T. Whedbee, lot 13, elk 18, Fort Collins; $1,200.” (Weekly Courier, December 7, 1899) “B. T. Whedbee to Commercial Bank and Trust Co., lot 13, block 18, Fort Collins; $6,500.” (Weekly Courier, July 4, 1906) “Frank Collamer has bought the old frame structure on the Whedbee lot, N. College avenue, recently purchased by the Commercial Bank and Trust company. Mr. Collamer is preparing to move the house to the northwest part of town, it being the only frame building in the triangle. The lot will be used for the Page 258 Item 13. 12 immediate erection of a one story brick and stone building, which the bank will use exclusively for its business.” (Weekly Courier, August 1, 1906) “F P Stover treas to J Sickman lot 10 blk 96 Harrison add Ft Collins, also.......... lot 3 blk 53 Fort Collins” (Loveland Reporter, June 25, 1891) “Lottie E. Davy to F. A. Collamer, lot 3 block 53, Fort Collins; $50.” (Weekly Courier, April 12, 1900) Information on the property passing from Frank A. Collamer to Emma Malaby, from Emma Malaby to Art Collamer, from Art Collamer to Ruth Dermody, from Ruth Dermody to Art Burrill, and from Art Burrill to Jim Burrill came from several interviews with Jim Burrill during the winter of 2022/23. Page 259 Item 13. 13 ARCHITECTURAL INFORMATION Construction Date: Grocery: March 1881, Grocery Addition and Barn: 1916, Shed: unknown. Architect/Builder: Grocery: Hiram Pierce, Grocery Addition and Barn: Frank Collamer and hired hands, Shed: Fred Collamer. Building Materials: Wood and reused materials (including sheet metal peeled off of old water heaters) Architectural Style & Type: Grocery: False-front store - one-story building with battlement front and covered porch. Grocery Addition: Shed roof el-shaped addition. Barn: Barn. Shed: Stacked plank shed. Description: Emma Malaby Grocery The Emma Malaby Grocery at 313 N. Meldrum began its life at 442 College Avenue. The building was designed and constructed by Hiram Pierce as a photography gallery for George T. Wilkins. Plans were drawn up the last week of February in 1881. Construction began the following week and the family moved into the shop to live and work at the end of March of that same year. The wood frame building is one-story (11 feet) in height, 45 feet long and 25 feet wide (59 feet x 36 feet, including the el-shaped addition). The front gable roof is hidden behind a battlement front, with the peak of the roof included as part of the battlement design, creating a notable triangular feature atop the typical false-storefront style façade. The building included a back porch, but nothing is known regarding the size nor style of this feature on the building as it was later removed. The storefront is made up of two 2 over 2 windows that extend from ceiling to about 2-feet above the floor. A decorative wood panel is framed beneath each window. The entrance is centered between the windows with roof supports between window and door. The entrance consists of two doors. Each door contains two lites, 1 over 1, with a wood panel at the bottom. A two lite, operable transom window extends horizontally over the doors. Two chimneys protrude from the apex of the roof. One is just front of center on the original store building and the second is at the very back of the original store building. The building was moved from its College Avenue location in 1906 (at which point it was addressed as 148 N. College Avenue) to its current location at 313 N. Meldrum. It was installed upon a whitestone foundation. An exterior entrance to the basement, with a concrete wall added between the stairs and the basement, was added in the late 1980s by Jim Burrill on the south side of the building. At that time, a concrete pad was also poured to better support the furnace in the store. The basement does not extend the full east-west length of the store and does not extend under the 1916 addition. An 8-feet deep, full length covered porch supported by four 4 x 4 posts evenly spaced along the east elevation was added early on – perhaps soon after the move. An uncovered section of the porch extended to the south, but that was later removed. There are two person-sized doors and a 12-lite window along the south elevation of the store. The westernmost door was added with the addition in 1916. Page 260 Item 13. 14 It has been assumed that the window (which was once larger and contained 30 lites) was a feature used by G. T. Wilkins, the photographer, and therefore would have dated to 1881. Unfortunately, there are no photos of that side of the store from when it was located on N. College Avenue to confirm the presence of the window from that time period. Jim Burrill says that when he altered the window from 30-lites to 12 in the late ‘80s, there was some indication that the window had already been modified. There was a seam in the siding and it wasn’t tight against the window. The 12-lite window was acquired from A1 Salvage. It is unknown whether the entrance to the east of the window is original or was added soon after the move. It’s possible the opening is original. The 1895 Sanborn Map shows no building to the north of Wilkins Photography Studio. The 1901 Sanborn map shows that the photography studio had become a millinery and another photographer’s studio had been built next door. The building includes a skinny addition between the two structures that fronts College Avenue and extends to just about where the side entrance would have been located. It’s possible the addition stopped just short of the entrance. The door now located in the southern entrance on the Emma Malaby Grocery was replaced in the late 1980s due to significant water damage along that side of the building caused by encroaching trees. The water damage also led to the 30-lite window being removed, reduced in sized, and remade as a 12-lite window. In 1916, an el-shaped, shed-roofed addition was added along the north and west elevations of the grocery. The northern portion of the addition extends about 14 feet from the grocery and has a separate entrance on the east elevation. The front door is flanked by square windows. Wooden steps extend from the ground to the door. And for unknown reasons, a metal hand hold was installed on the right side of the door framing, level with the doorknob, which is on the left side of the door. Along the north elevation are two windows and two doors, in that order from east to west. The original size of the windows will require some interior excavation to ascertain, but the locations are the same. The person-sized door and larger door are both located next to each other on the west side of the northern wall. It’s unknown whether the entrances are original or were added over time as the building was used. The person-sized door has been covered with plywood. The larger, bead-board door was reduced in size by one foot around 1977 after someone tried to break into the building and damaged it. The area where the door was reduced was filled in and an electrical box is now located there. A board was also added to the top of the door to strengthen it at that time. The west elevation of the addition extends about 15 feet from the back of the grocery building. It has no openings. The siding on the east elevation of the building is original. The siding on the north and west elevations of the building was replaced in 1988 with ponderosa pine from the Forks Lumber Company. The material is the same, or very similar, to the original, though it might be slightly different in width. The siding along the south elevation of the building was badly damaged by encroaching trees and replaced in 1987/88 with a different material. At some point, after the addition was added but before the 1960s or 70s, the cornice that extended slightly forward of the front of the building was removed. [I just now noticed that it even existed! I was looking at a photo of the building on N. College and it looks like there were Page 261 Item 13. 15 brackets on either side with a protruding cornice and *possibly* some sort of decorative dental bits in there. See the first pic shown below.] Barn The barn was built in 1916, around the same time as the addition to the grocery. It is 32 feet by 28 feet. There were originally three entrances to the building: a sliding door on the east elevation in the same location as the current door, a split door on the north elevation, and a person-sized door on the south elevation. The sliding door was removed (possibly stolen) and eventually replaced with two doors that swing out from center. They were made from pallets acquired from Hewlett Packard. The north door was removed, and plywood was screwed over the opening. And the door on the south elevation was covered over. Celetex was used to fill the entrances and is visible from the inside, thereby indicating where the entrances were. The barn also had two doors on the second story that opened out over the alley. they were removed and covered over with siding. Celetex on the interior of the building indicates their former location. Stacked Plank Shed The stacked plank shed was built by Fred Collamer, son of Frank A. Collamer. The shed roof is made of wood planks covered with sheet metal off of old water heaters. Fred Collamer would pull the skin off of the water heater and flatten it before applying it to the roof. He would then salvage the remainder of the water heater. The door on the shed is original and was also made by Fred Collamer. Page 262 Item 13. 16 REFERENCE LIST or SOURCES of INFORMATION “Emma Malaby Grocery History Project,” by David W. Ayers, City of Fort Collins Planning Division, Summer 1984. 5 April 1883, Fort Colins Courier 27 August 1896, Fort Collins Courier 8 Oct 1896, Fort Collins Courier December 7, 1899, Fort Collins Express Fort Collins City Directories Ancestry.com for information on ages of the Wilkins family and the Collamer family. Interviews with Jim Burrill over a period of several years, including more intensive discussions of the building’s architectural history in 2022. Marmor, Jason. “Historical Contexts for the Old Fort Site, Fort Collins, Colorado, 1864-2002,” prepared for the City of Fort Collins Advance Planning Department. Page 263 Item 13. 17 MAPS and PHOTOGRAPHS Maps Original and current locations of the Emma Malaby Grocery are indicated in red. The original location was from 1906 and prior. The store has been in its current location since 1906. The map includes N. Whitcomb at the far left, showing the western extent of the original plat of Fort Collins. (Larimer County Assessor Map) Page 264 Item 13. 18 Immediate context of the Emma Malaby Grocery. The residential character of Block 53 (west of N. Meldrum) remains largely intact, though some uses have changed. The residential character of Block 43 (east of N. Meldrum) has changed with four developments including multi-family, mixed-use, and commercial uses, though some early residential single-family homes remain. (Larimer County Assessor Map) Page 265 Item 13. 19 The Emma Malaby Store, stacked-plank shed, and barn are all part of a larger Collamer complex of properties that, for more than a century, have been made up of Lots 1, 2, 3, and 4 on Block 53. (Lots 5-8 were also, at one time, part of the family complex.) (Modified image created by overlaying a screenshot from Google Maps.) Page 266 Item 13. 20 Images of the Buildings and Landscape – present day East Elevation of the Emma Malaby Grocery. Photo by Meg Dunn. Close-up of the detailed kick-plate on the east elevation of the Emma Malaby Grocery. Photo by Meg Dunn. Page 267 Item 13. 21 Entrance to the Woodyard on the east elevation of the Emma Malaby Grocery. Photo by Meg Dunn. Window to the left/south of the Woodyard front entrance. Photo by Meg Dunn. Page 268 Item 13. 22 Front door to the Woodyard addition on the east elevation of the Emma Malaby Grocery. Photo by Meg Dunn. Right/north window on the Woodyard front entrance. Photo by Meg Dunn. Page 269 Item 13. 23 The south elevation of the 1916 addition to the Emma Malaby Grocery. The 12-lite window and entrance on the south side of the Emma Malaby Grocery. Page 270 Item 13. 24 South elevation of the Emma Malaby Grocery. Photo by Meg Dunn. South and East elevations of the Emma Malaby Grocery. Photo by Meg Dunn. Page 271 Item 13. 25 Close-up of foundation along south elevation. Photo by Meg Dunn. The north side of the Emma Malaby Grocery/Woodyard. Photo by Meg Dunn. Page 272 Item 13. 26 Two entrances on the north elevation of the Woodyard addition. Photo by Meg Dunn. West elevation of the Emma Malaby Grocery showing the 1916 shed addition and 1881 rear gable end. Stacked-plank shed shown at left. Photo by Meg Dunn. Page 273 Item 13. 27 The west and south elevations of the Emma Malaby Grocery. The 1916 shed addition is seen in brown and the 1881 store is in white. Photo by Meg Dunn. The north and west elevations of the 1916 shed addition (also known as the Woodyard) of the Emma Malaby Grocery. The stacked-plank shed can just barely be seen at right. Page 274 Item 13. 28 Interior photo of the Emma Malaby Grocery. Photo by Meg Dunn. Interior photo of the Emma Malaby Grocery. Photo by Meg Dunn. Page 275 Item 13. 29 Interior photo of the Emma Malaby Grocery. Photo by Meg Dunn. Interior photo of the Emma Malaby Grocery. Photo by Meg Dunn. Page 276 Item 13. 30 Interior photo of the Emma Malaby Grocery. Photo by Meg Dunn. Interior photo from within the 1916 Woodyard addition looking south towards the original store. There appears to have originally been three windows along the south (now north) elevation of the original structure. Page 277 Item 13. 31 East and north elevations of the stacked plank shed. East elevation of the stacked plank shed. Page 278 Item 13. 32 South elevation of the stacked plank shed. Adjacent shed is no longer on the property. North elevation of the stacked plank shed. Page 279 Item 13. 33 West elevation of the stacked-plank shed. The east elevation of the Collamer Barn. Page 280 Item 13. 34 The south elevation of the Collamer Barn. The west elevation of the Collamer Barn as it looks from the alley. The Emma Malaby Grocery can be seen in the background at right. Page 281 Item 13. 35 The north elevation of the Collamer Barn. The view is partially blocked by sheds on the neighboring property (Lot 4). Closeup view of the north elevation of the Collamer Barn including plywood entrance cover. Page 282 Item 13. 36 Inside the Collamer Barn. Inside the Collamer Barn. Page 283 Item 13. 37 Plywood covers the stone-lined well. The mound of dirt in the background is from the excavation of the basement for the house located at 305 N. Meldrum (seen at right). The Emma Malaby Grocery can be seen behind the tree and dirt mound. The east elevation of the Collamer Barn with the covered well in front. Page 284 Item 13. 38 Close up of well covers in proximity to the east side of the Collamer Barn. Close up of stone-lined well. Page 285 Item 13. 39 Historic images in mostly chronological order. Mrs. Emma (Church) and Mr. George T. Wilkins, original owners and inhabitants of the store. The I mages are from the Archive at the Fort Collins Museum of Discovery, H06878W and H06879W. The ad on the left for G. T. Wilkins, Photographer, is from the Fort Collins Courier, July 7, 1881. The ad at right is from the Rocky Mountain Collegian, December 1, 1891. Page 286 Item 13. 40 This image from the Archive at the Fort Collins Museum of Discovery (H02173) is the earliest known photo that includes the Emma Malaby Grocery while it was located on N. College. The distinctive cornice-line with its central point is visible among the line of buildings at right. The Archive states that this photo is from between 1881 and 1885. The Emma Malaby Grocery is shown at 442 College Avenue when it was a photography studio in this closeup from the 1886 Sanborn map. The Sanborn Map was accessed through the Library of Congress. Page 287 Item 13. 41 This photo of the Emma Malaby Grocery when it was located on N. College is from the collection of Wayne Sundberg. It shows an extending cornice and possibly some ornamentation just beneath. The two over two windows flanking a double entrance with 1 over 1 lites in the doors topped by a two lite transom are clearly visible. The photo was taken between 1900-1906 as Alexander McDougall moved his tailor shop into the former residence to the south in 1896 and Logan Clark added his shoe shop in July1900 (see shoe sign at southern edge of building at right). Page 288 Item 13. 42 The Emma Malaby Grocery, when it was being used as a millinery shop on N. College Ave., can be seen in context in this photo from the Archive at the Fort Collins Museum of Discovery (H16724). The distinctive peak on the façade is visible just to the right of the middle electrical pole. At the very far right is what appears to be a portion of the Avery Block (where the Town Pump is located). The Avery Block was built 1897 with much of the building standing only one story tall. A second story was added in 1902/3. So this photo can be dated to between 1897- 1902. Page 289 Item 13. 43 This photo from the collection of Jim Burrill is from about 1907. It shows the front porch that had been added to the store after the move as well as the uncovered extension of the porch to the south/left. From left to right are: Lenox cardboard lady advertisement, Emma Collamer Malaby, Minerva Collamer Stoneburner, Effie Collamer Ayres, Achsah Alice Hulse Collamer, Frank B. Collamer, Ruth Collamer Burrill Dermody standing on the step, and baby Laura Collamer Vermilya Rutherford sitting on the bottom step. Laura was born in March 1905 and looks to be about 2 or 3 in this image, thereby dating it to 1907/8. This image is also in the Archive at FCMoD, H25132. Page 290 Item 13. 44 Minerva Collamer Stoneburner Carlon stands on the porch in this undated photo that includes the 1916 addition, the southern porch extension, and an added board on the porch (at left) for customer seating. Minerva was murdered in 1921 by her husband, James Carlon, which dates this photo to between 1916 and 1921. The photo is from the collection of Jim Burrill. This 1954 photo of the grocery is from the Jim Burrill collection. Note the change in signage with “Emma Malaby Grocery” replacing “Frank Collamer. Grocery. Hay, Grain, Flour, Feed & Wood.” “Woodyard” had also been added to the front of the addition. Page 291 Item 13. 45 The grocery in 1969. Image from the Archive at the Fort Collins Museum of Discovery, 313mel69. Photo by George Post, circa 1972. Additional text under “Woodyard” says “Transfer” then below that is “Coal, Hay & Grain”. Page 292 Item 13. 46 The photo used in this Coloradoan article from August 4, 1976 appears to be the same shown above, taken by George Post. The newspaper image is via Newspapers.com. Fo rt Collins Colorad oa n (Fort Collin s, Colo r ado ) · 4 Aug 1 97 6, Wed · Pag e 37 Do w nlo a d e d o n Au g 2 0 , 2 0 2 2 Mal aby Stor e - 4 August 1976 Col or adoan Cl i p p e d B y : b a r e f o o t m e g Sat , Aug 2 0, 202 2 Co pyrig ht © 2 022 Newsp a pe rs.co m . All Righ t s Re served. Page 293 Item 13. 47 This undated photo is of the salvage yard once located behind the Emma Malaby Grocery. The photographer is standing roughly on the property line between 305 and 313 N. Meldrum with the store to the right (out of the photo) and the barn to the left (also out of the photo). The gambrel roofed house seen in the background is located at 329 N. Meldrum. One of two Cache la Poudre School buses that Frank Collamer acquired after the school district no longer had use for them is shown at left. One of the busses is now the property of Historic Larimer County. The other was used to make a back addition to the house just one lot to the north of the Emma Malaby Grocery. This undated photo of the back (west) side of the grocery shows one of the Cache La Poudre School busses, the original siding on the building and addition, and the trees that were encroaching on the building on the south side that caused damage to the exterior wall and 30- lite window. Photo from the Jim Burrill collection. Page 294 Item 13. 48 Carol and Jim Burrill stand on the porch of the Emma Malaby Antique Store in 1989. (Photo from Jim Burrill.) This photo by Jonathan Held was taken in 1995. Image is from the Archive at the Fort Collins Museum of Discovery, H15762. Page 295 Item 13. 49 The Emma Malaby Grocery as it looked in April 2007. Photo by Meg Dunn. The Emma Malaby Grocery on July 1, 2021. Photo by Meg Dunn. Page 296 Item 13. 50 Filming of the movie “Forget Me Not” in 2014. Photo from Jim Burrill. Page 297 Item 13. Page 298 Item 13. Owner-Initiated Application for Fort Collins Landmark Designation – Emma Malaby Grocery Property (313 North Meldrum Street) 7-18-2023 Yani Jones Historic Preservation PlannerPage 299 Item 13. 2Emma Malaby Grocery Property (313 North Meldrum Street) •Owner-Initiated Application:submitted by the new owner, Historic Larimer County •Significance (4 of 4 Standards met): •Standard 1, Events —Association with (1) the location of neighborhood grocery stores within a pre-WWII residential setting;(2) women’s business history (multiple women in the Collamer family -Minerva Stoneburner, Emma Malaby and their sisters). •Standard 2, Persons/Groups —Association with (1) notable early photographer G.T. Wilkins, who operated a studio out of the building; and (2) the Collamer family, who have been involved in Fort Collins religious, social, and political life for well over a century. •Standard 3, Design/Construction —1 of 3 remaining false-front stores in Fort Collins; a stacked-plank shed (1 of 2 remaining examples in Fort Collins);rare remaining example of an original barn within the boundaries of Fort Collins’s original plat. •Standard 4, Information Potential —may yield archaeological information about early to mid-twentieth century life (former wood/salvage yard, a stone-lined well, and likely a privy pit). •Historic Integrity (7 of 7 aspects retained): Property reflects location, design, setting, materials, workmanship, feeling,association •Supported by Historic Preservation Commission: HPC Resolution 5, 2023 recommends Council approve the designation of this property as a Fort Collins Landmark 313 North Meldrum Street – Between 1916 and 1921 Page 300 Item 13. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Jeremy Woolf, Senior Director of Integrated Water Operations Christina Schroeder, Director of Water Reclamation and Biosolids Ted Hewitt, Legal SUBJECT Resolution 2023-066 Approving an Exception to the Use of a Competitive Process for Biosolids Dewatering Polymer for the Drake Water Reclamation Facility. EXECUTIVE SUMMARY The purpose of this item is to request an exception to the use of a competitive bid process for a contract extension not to exceed five (5) years with Aqua Ben Corporation for purchase of biosolids dewatering polymer is being brought forward for consideration. The alternative is contrary to the City’s best interests for the following reasons: Selection of an alternative biosolids dewatering polymer would require modification of the Drake Water Reclamation Facility (DWRF) National Pollutant Discharge Elimination System (NPDES) permit by Colorado Department of Public Health and Environment (CDPHE). Modification of NPDES permits is prohibited when the status of a permit is administratively extended. The DWRF NPDES permit is in a status of administrative extension. Exception to the Competitive Bid or Proposal Rationale: Section 8-161(d)(1)b. Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City’s financial interest, or will substantially impede the City’s administrative functions or the delivery of services to the public. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Drake Water Reclamation Facility (DWRF) uses Aqua Ben Corporation Hydrofloc 1687 Polymer as a dewatering aid used in conjunction with mechanical methods (centrifuge) for the purpose of reducing water content in digested biosolids. Chemical information for Aqua Ben Corporation Hydrofloc 1687 Polymer was submitted to CDPHE with the City’s most recent NPDES permit renewal in 2015. The polymer was then approved for use as listed on the NPDES permit fact sheet that was issued with the renewed permit. Page 301 Item 14. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 In 2021, a renewal request and application were submitted to CDPHE for the DWRF NPDES permit (#CO0047627). The NPDES permit was not renewed but was instead administratively extended. An administrative extension places the conditions of the expired permit and fact sheet into effect until a renewal of the permit can be issued. While an NPDES permit is in administrative extension, it is not eligible to be modified. Since Hydrofloc 1687 Polymer is currently approved for use, as listed on the fact sheet for the DWRF NPDES permit, it is ineligible for the modification required to change polymer usage. The City Manager has reviewed and approved the justification for this acquisition, subject to the Council’s final approval. CITY FINANCIAL IMPACTS Expected cost of polymer for 2023 is approximately $200,000. Future years cost is expected to range between $300,000 and $450,000 based on historical usage and dependent on market conditions and biosolids volume. Discontinuance of use of polymer would req uire a halt to use of mechanical methods (centrifuge) for dewatering of biosolids. The current centrifuge design does not allow for use without a chemical aid (polymer). This would result in “wet hauling” of biosolids. Based on previous costs for wet hauling of limited periods, average annual biosolids production costs are estimated to increase to $12,000,000. Wet hauling would also result in an inability for continued use of Meadow Springs Ranch for biosolids application until approval can be received for wet application of biosolids at this location by CDPHE. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH No public outreach is required as this maintains status quo. ATTACHMENTS 1. Resolution for Consideration 2. NPDES Permit #CO0047627 Fact Sheet 3. Aqua Ben Corporation Estimate for Purchase Page 302 Item 14. -1- RESOLUTION 2023-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR PURCHASE OF BIOSOLIDS DEWATERING POLYMER FOR THE DRAKE WATER RECLAMATION FACILITY WHEREAS, Section 8-16l(d)(l)b. of the City Code authorizes the Purchasing Agent to negotiate the purchase of supplies and services without utilizing a competitive bidding or proposal process where the Purchasing Agent determines that although there is more than one source, the competitive process cannot reasonably be used, or if used will result in a substantially higher cost to the City, will otherwise injure the City's financial interests, or will substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, Hydrofloc 1687 polymer from Aqua Ben Corporation (“Polymer”) is used for biosolids dewatering at the Drake Water Reclamation Facility (“DWRF”); and WHEREAS, Polymer continues to perform as expected, resulting in significant savings for the City in biosolids hauling cost and time; and WHEREAS, the DWRF National Pollutant Discharge Eliminations System (“NPDES”) permit expired in 2021, resulting in an administrative extension; and WHEREAS, the Colorado Department of Public Health and Environment (“CDPHE”) prohibits modifications to chemicals such as the Polymer for administratively extended NPDES permits; and WHEREAS, a change to a different Polymer would require an NPDES permit modification; and WHEREAS, the date of renewal for the DWRF NPDES permit is unknown; and WHEREAS, upon renewal of the DWRF NPDES permit, a competitive process will be initiated for selection and purchase of Polymer; and WHEREAS, the 2023 estimated remaining cost for Polymer is $200,000; and WHEREAS, the estimated annual Polymer costs for future years is expected to range between $300,000 and $450,000 depending on market price and seasonal fluctuation; and WHEREAS, the Purchasing Agent determined that although there is more than one source for Polymer, the competitive process, if used, would result in a substantially higher cost to the City, would otherwise injure the City's financial interests, and would substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, the Purchasing Agent and other City staff recommend the adoption of this Resolution; and Page 303 Item 14. -2- WHEREAS, the Purchasing Agent submitted the requisite justification to the City Manager for approval; and WHEREAS, the City Manager reviewed and approved the justification for this acquisition; and WHEREAS, Section 8-16l(d)(3) of the City Code requires prior approval of this purchasing method by the City Council for all procurements which exceed $200,000. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves the purchase of a three-year contract extension for Aqua Ben Corporation, as an exception to the City's competitive purchasing process requirements, for the reasons set forth herein. Section 3. That the Purchasing Agent may use this approval, as authorized in City Code Sections 8-16l(d)(4), as the basis for negotiating the additional purchase of Polymer until renewal of the DWRF NPDES permit, but not to exceed five years. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 304 Item 14. Page 1 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Colorado Discharge Permit System (CDPS) Fact Sheet to Permit Number CO0047627 CITY OF FORT COLLINS, DRAKE WATER RECLAMATION FACILITY WWTF, LARIMER COUNTY Andrea Stucky August 28, 2015 TABLE OF CONTENTS I. TYPE OF PERMIT ......................................................................................... 1 II. FACILITY INFORMATION ............................................................................. 1 III. RECEIVING STREAM..................................................................................... 2 IV. FACILITY DESCRIPTION ............................................................................... 2 V. PERFORMANCE HISTORY ............................................................................ 4 VI. DISCUSSION OF EFFLUENT LIMITATIONS ................................................ 6 VII. ADDITIONAL TERMS AND CONDITIONS .................................................. 17 VIII. REFERENCES ............................................................................................ 20 I. TYPE OF PERMIT A. Permit Type: Domestic – Major Municipal, Mechanical Plant, First Renewal B. Discharge To: Surface Water II. FACILITY INFORMATION A. SIC Code: 4952 Sewerage Systems B. Facility Location: 3036 Environmental Drive, Fort Collins, CO 80524, Latitude: 40.55607°N, Longitude: 105.02162°W C. Permitted Feature: 001A, following disinfection and prior to mixing with Fossil Creek Reservoir, 40.55655°N, 105.01962°W 002A, following disinfection and prior to mixing with the Cache La Poudre River 40.55654°N, 105.01893°W UST1A is an in-stream outfall located upstream from the facility discharge and in the same water body segment to collect continous ambient temperature data. The location for this outfall will be approximately at 40.49919 ° North latitude, 105.00062° longitude West, which is within two miles upstream from Fossil Creek Reservoir. UST2A is an in-stream outfall located upstream from the facility discharge and in the same water body segment to collect continous ambient temperature data. The location for this outfall is at 40.559874 ° North latitude, 105.021624° longitude West, which is approximately Page 305 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 2 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 0.8 miles upstream on the Cache La Poudre River. The location(s) provided above will serve as the point(s) of compliance for this permit and are appropriate as they are located after all treatment and prior to discharge to the receiving water. D. Facility Flows: 23 MGD E. Major Changes From Last Renewal: Continuous Temperature monitoring has been added. The Division will require the facility to establish an in-stream monitoring station within a mile or two upstream (the most suitable and representative location) from the facility discharge to collect ambient temperature data to be used in the next renewal. For this, the Division included outfall (UST1A, UST2A) in the permit and added a short delayed effective date for starting to collect data. The permittee can provide specific location for the temperature probe during the public notice period. A compliance schedule for total phosphorus has been added to the permit. III. RECEIVING STREAM A. Waterbody Identification: COSPCP22, Fossil Creek Reservoir COSPCP11, Cache La Poudre River B. Water Quality Assessment: An assessment of the stream standards, low flow data, and ambient stream data has been performed to determine the assimilative capacities for Fossil Creek Reservoir and Cache La Poudre River for potential pollutants of concern. This information, which is contained in the Water Quality Assessment (WQA) for this receiving stream(s), also includes an antidegradation review, where appropriate. The Division’s Permits Section has reviewed the assimilative capacities to determine the appropriate water quality-based effluent limitations as well as potential limits based on the antidegradation evaluation, where applicable. The limitations based on the assessment and other evaluations conducted as part of this fact sheet can be found in Part I.A of the permit. Permitted Feature 001A will be the authorized discharge point to Fossil Creek Reservoir. Permitted Feature 002A will be the authorized discharge point to Cache La Poudre River. IV. FACILITY DESCRIPTION A. Infiltration/Inflow (I/I) The highest influent flow as reported on the City of Fort Collins’ DMR was 16.07 MGD. Based on a population in the service area of 129,000 as indicated by the City of Fort Collins permit application, the flow per capita per day is 125 gallons/person/day. The City of Fort Collins has an ongoing sewer system maintenance, repair and rehabilitation program. The City conducted a four-year inflow study for the wastewater treatment collection system and identified portions of the system that have the highest rainfall induced flow. The City has an active program that lines pipes that are in high priority areas. Page 306 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 3 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer B. Lift Stations There are no lift stations in the service area. C. Chemical Usage The permittee stated in the application that they utilize six chemicals in their treatment process. The MSDS sheets have been reviewed and the following chemicals have been approved for use and are summarized in the following table. Table IV-2 – Chemical Additives Chemical Name Purpose Constituents of Concern Intercool (Glycol) Heat transfer fluid None Chlorine Disinfection Chlorine Sulfur Dioxide Dechlorination pH Hy Mag (Magnesium Hydroxide) pH adjustment Magnesium Hydroxide Hydrofloc 1688 Polymer Flocculation Unknown Ferric Chloride Phosphorus removal Ferric Chloride Chemicals deemed acceptable for use in waters that will or may be discharged to waters of the State are acceptable only when used in accordance with all state and federal regulations, and in strict accordance with the manufacturer’s site-specific instructions. D. Treatment Facility, Facility Modifications and Capacities The facility consists of headworks, grit chambers, primary clarifers, biotowers, intermediate clarifiers, aeration basins, final clarifiers, and chlorine contact. The permittee has not performed any construction at this facility that would change the hydraulic capacity of 23 MGD or the organic capacity of 57,000 lbs BOD5/day, which were specified in Site Approval 4020. That document should be referred to for any additional information. Pursuant to Section 100.5.2 of the Water and Wastewater Facility Operator Certification Requirements, this facility will require a certified operator. If the facility has a question on the level of the certified operator it needs then the facility will need to contact the Engineering Section of the Division. E. Biosolids Treatment and Disposal Biosolids are treated in an anaerobic digester, and liquid is removed in a centrifuge. Some of the biosolids are applied to rangeland and the remaining biosolids are air dried on a five-acre concrete Page 307 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 4 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer pad. Dried biosolids are stored in a storage building and hauled to irrigated agricultural land in Yuma County, CO or applied to the City-owned Mead Springs Ranch. 1. EPA Regulation The Facility is required under the Direct Enforceability provision of 40 CFR §503.3(b) to meet the applicable requirements of the regulation. 2. Biosolids Regulation (Regulation No. 64, Colorado Water Quality Control Commission) Colorado facilities that land apply biosolids must comply with requirements of Regulation No. 64, such as the submission of annual reports as discussed later in this fact sheet. V. PERFORMANCE HISTORY A. Monitoring Data 1. Discharge Monitoring Reports – The following tables summarize the effluent data reported on the Discharge Monitoring Reports (DMRs) for the previous permit term, from May 2011 to April 2015. Because Drake WWTF only discharged to Fossil Creek Reservoir (Outfall 001A) during the previous permit term, the DMR summary table for Outfall 002A was not included. Table V-1 – Summary of DMR Data for Permitted Feature 001A Parameter # Samples or Reporting Periods Reported Average Concentrations Avg/Min/Max Reported Maximum Concentrations Avg/Min/Max Previous Avg/Max/AD Permit Limit Number of Limit Excursions Effluent Flow (MGD) 48 8.6/4.3/17 11/6.1/20 23/Report E. coli (#/100 ml) 48 18/3/60 42/5/244 126/252 TRC (mg/l) 48 NA/NA/NA 0.055/<0.05/2 NA/0.5 1 NH3 as N, Tot (mg/l) Jan 4 2.3/0.28/4.2 5.3/1.2/7.8 40/64 NH3 as N, Tot (mg/l) Feb 4 1.6/0.07/3.9 4.6/0.55/6.5 42/72 NH3 as N, Tot (mg/l) Mar 4 3/0.17/5.5 9/0.71/14 21/64 NH3 as N, Tot (mg/l) Apr 4 3/0.84/4.6 8.1/4.4/11 13/64 NH3 as N, Tot (mg/l) May 4 1.2/0.07/2.8 4.8/0.99/8.1 10/64 NH3 as N, Tot (mg/l) Jun 4 0.81/0.23/1.6 4.3/0.7/9.3 12/65 NH3 as N, Tot (mg/l) Jul 4 0.88/0.64/1.5 3.1/2.9/3.3 16/65 NH3 as N, Tot (mg/l) Aug 4 1.7/0.16/3.7 5/0.56/9.4 20/65 NH3 as N, Tot (mg/l) Sep 4 1.2/0.15/2.3 4/0.83/8.9 26/65 NH3 as N, Tot (mg/l) Oct 4 0.88/0.04/2 2.2/0.64/3.7 33/64 NH3 as N, Tot (mg/l) Nov 4 1.5/0.01/4.1 2.7/0.07/7.3 38/64 NH3 as N, Tot (mg/l) Dec 4 1.3/0.07/3.8 3.8/0.9/9.9 39/64 BOD5, effluent (mg/l) 48 9.1/4/23 11/4/33 30/45/ BOD5 (% removal) 48 96/94/98 NA/NA/NA 85/NA/ TSS, effluent (mg/l) 48 9.8/5/26 13/6/43 30/45/ TSS (% removal) 37 96/93/98 NA/NA/NA 85/NA/ As, TR (µg/l) 4 0.64/0.5/0.7 NA/NA/NA NA/NA Cd, Dis (µg/l) 4 0/<0.2/0 0/<0.2/0 NA/NA Page 308 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 5 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Cr, TR (µg/l) 4 0.14/<0.2/0.37 0.2/<0.2/0.4 NA/NA Cu, Dis (µg/l) 12 12/7.6/24 17/9.4/41 Report/Report CN, Free (µg/l) 12 NA/NA/NA 0/<4/0 NA/12 Fe, Dis (µg/l) 4 43/30/63 NA/NA/NA NA/NA Fe, TR (µg/l) 4 90/86/94 NA/NA/NA NA/NA Pb, Dis (µg/l) 4 0.49/0.42/0.6 0.49/0.42/0.6 NA/NA Mn, Dis (µg/l) 16 27/15/84 27/15/84 NA/NA Hg, Tot (µg/l) 11 0.0042/0.0017/0.011 NA/NA/NA NA/NA Ni, Dis (µg/l) 4 1.7/1.7/1.9 1.7/1.7/1.9 NA/NA Se, Dis (µg/l) 12 0.81/<1/1.9 0.45/<1/1.4 Report/Report Ag, Dis (µg/l) 4 0/<0.2/0 0/<0.2/0 NA/NA Zn, Dis (µg/l) 4 46/39/52 46/39/52 NA/NA WET, chronic pimephales lethality, Stat Diff 12 // 55/4.3/100 NOEC or IC25>=IWC=17% pimephales lethality, IC25 12 // 97/79/100 ceriodaphnia lethality, Stat Diff 12 // 100/100/100 NOEC or IC25>=IWC=17% ceriodaphnia lethality, IC25 12 // 100/100/100 pimephales toxicity, Stat Diff 4 // 88/50/100 Report pimephales toxicity, IC25 4 // 100/100/100 ceriodaphnia toxicity, Stat Diff 4 // 100/100/100 Report ceriodaphnia toxicity, IC25 4 // 100/100/100 *The pH data shows the minimum reported values in the "average" column, and the maximum reported values in the "maximum column *The temperature data shows the MWAT values in the "average" column, and the daily maximum reported values in the "maximum column ** Geometric mean NA means Not Applicable NV means No Visible Sheen Table V-2 – Summary of Effluent Temperature Data Parameter Weekly Average Temperature Avg/Min/Max Daily Maximums Avg/Min/Max Temp (°C) Jan 14.6/11.9/15.4 14.8/13.6/16.0 Temp (°C) Feb 14.4/13.2/15.5 14.7/12.8/18.4 Temp (°C) Mar 14.7/13.7/16.3 15.2/13.7/17.4 Temp (°C) Apr 16.1/15/17.9 16.7/15.1/19.2 Temp (°C) May 17/15.5/18.7 17.6/15.5/20.7 Temp (°C) Jun 18.3/16.8/20.7 18.9/16.7/21.2 Temp (°C) Jul 20.1/18.3/21.8 20.7/18.2/22.4 Temp (°C) Aug 21.3/20/22.1 21.8/20.1/26.1 Temp (°C) Sep 21.5/20.5/22.4 21.7/20.4/22.9 Temp (°C) Oct 20.1/18.6/21.7 20.2/18.4/21.9 Temp (°C) Nov 18/16.6/19.3 18/16.4/19.6 Temp (°C) Dec 16.1/14.7/17.9 16.2/14.7/18.7 B. Compliance With Terms and Conditions of Previous Permit Page 309 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 6 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 1. Effluent Limitations – The data shown in the preceding table(s) indicates compliance with the numeric limitations of the previous permit, except for one limit excursion for chlorine. Drake WWTF experienced an incident on August 3, 2011 for an accidental overdose of chlorine resulting in a discharge in excess of chlorine to receiving waters. The Division issued and the City of Fort Collins accepted an expedited settlement agreement. In accordance with 40 CFR Part 122.41(a), any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. VI. DISCUSSION OF EFFLUENT LIMITATIONS A. Regulatory Basis for Limitations 1. Technology Based Limitations a. Federal Effluent Limitation Guidelines – The Federal Effluent Limitation Guidelines for domestic wastewater treatment facilities are the secondary treatment standards. These standards have been adopted into, and are applied out of, Regulation 62, the Regulations for Effluent Limitations. b. Regulation 62: Regulations for Effluent Limitations – These Regulations include effluent limitations that apply to all discharges of wastewater to State waters and are shown in Section VIII of the WQA. These regulations are applicable to the discharge from the City of Fort Collins Drake WWTF. 2. Numeric Water Quality Standards - The WQA contains the evaluation of pollutants limited by water quality standards. The mass balance equation shown in Section VI of the WQA was used for most pollutants to calculate the potential water quality based effluent limitations (WQBELs), M2, that could be discharged without causing the water quality standard to be violated. For ammonia, the AMMTOX Model was used to determine the maximum assimilative capacity of the receiving stream. A detailed discussion of the calculations for the maximum allowable concentrations for the relevant parameters of concern is provided in Section VI of the Water Quality Assessment developed for this permitting action. The maximum allowable pollutant concentrations determined as part of these calculations represent the calculated effluent limits that would be protective of water quality. These are also known as the water quality-based effluent limits (WQBELs). Both acute and chronic WQBELs may be calculated based on acute and chronic standards, and these may be applied as daily maximum (acute) or 30-day average (chronic) limits. 3. Narrative Water Quality Standards - Section 31.11(1)(a)(iv) of The Basic Standards and Methodologies for Surface Waters (Regulation No. 31) includes the narrative standard that State surface waters shall be free of substances that are harmful to the beneficial uses or toxic to humans, animals, plants, or aquatic life. a. Whole Effluent Toxicity - The Water Quality Control Division has established the use of WET testing as a method for identifying and controlling toxic discharges from wastewater treatment facilities. WET testing is being utilized as a means to ensure that there are no Page 310 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 7 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer discharges of pollutants "in amounts, concentrations or combinations which are harmful to the beneficial uses or toxic to humans, animals, plants, or aquatic life" as required by Section 31.11 (1) of the Basic Standards and Methodologies for Surface Waters. The requirements for WET testing are being implemented in accordance with Division policy, Implementation of the Narrative Standard for Toxicity in Discharge Permits Using Whole Effluent Toxicity (Sept 30, 2010). Note that this policy has recently been updated and the permittee should refer to this document for additional information regarding WET. 4. Water Quality Regulations, Policies, and Guidance Documents a. Antidegradation - Since the Cache la Poudre River is Reviewable, an antidegradation evaluation is required pursuant to Section 31.8 of The Basic Standards and Methodologies for Surface Water. As set forth in Section VII of the WQA, an antidegradation evaluation was conducted for pollutants when water quality impacts occurred and when the impacts were significant. Based on the antidegradation requirements and the reasonable potential analysis discussed below, antidegradation-based average concentrations (ADBACs) may be applied. According to Division procedures, the facility has three options related to antidegradation- based effluent limits: (1) the facility may accept ADBACs as permit limits (see Section VII of the WQA); (2) the facility may select permit limits based on their non-impact limit (NIL), which would result in the facility not being subject to an antidegradation review and thus the antidegradation-based average concentrations would not apply (the NILs are also contained in Section VII of the WQA); or (3) the facility may complete an alternatives analysis as set forth in Section 31.8(3)(d) of the regulations which would result in alternative antidegradation- based effluent limitations. The effluent must not cause or contribute to an exceedance of a water quality standard and therefore the WQBEL must be selected if it is lower than the NIL. Where the WQBEL is not the most restrictive, the discharger may choose between the NIL or the ADBAC: the NIL results in no increased water quality impact; the ADBAC results in an “insignificant” increase in water quality impact. The ADBAC limits are imposed as two-year average limits. b. Antibacksliding – As Fossil Creek Reservoir is designated Use-Protected, the antibacksliding requirements in Regulation 61.10 have been met. As the Cache La Poudre River is designated Reviewable, and the Division has performed an antidegradation evaluation, in accordance with the Antidegradation Guidance, the antibacksliding requirements in Regulation 61.10 have been met. c. Determination of Total Maximum Daily Loads (TMDLs) –The receiving stream to which the Drake WWTF discharges is currently listed on the State’s 303(d) list for development of TMDLs for selenium. However, the TMDL has not yet been finalized. Although this permit establishes limits for these pollutants, they do not represent the TMDLs and waste load allocations, and are therefore subject to change upon finalization of an approved TMDL for this segment. The permit may be reopened to include limitations based upon a finalized TMDL. d. Colorado Mixing Zone Regulations – Pursuant to section 31.10 of The Basic Standards and Methodologies for Surface Water, a mixing zone determination is required for this permitting action. The Colorado Mixing Zone Implementation Guidance, dated April 2002, identifies the process for determining the meaningful limit on the area impacted by a discharge to surface Page 311 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 8 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer water where standards may be exceeded (i.e., regulatory mixing zone). This guidance document provides for certain exclusions from further analysis under the regulation, based on site-specific conditions. The guidance document provides a mandatory, stepwise decision-making process for determining if the permit limits will not be affected by this regulation. Exclusion, based on Extreme Mixing Ratios, may be granted if the ratio of the facility design flow to the chronic low flow (30E3) is greater than 2:1. Since the ratio of the design flow to the chronic low flow is 360:1 (002A), the permittee is eligible for an exclusion from further analysis under the regulation. For the discharge to Fossil Creek Reservoir (001A) a mixing zone study was submitted to the Division on February 3, 2009. The results from the mixing zone study were used in this permit renewal. e. Reasonable Potential Analysis – Using the assimilative capacities contained in the WQA, an analysis must be performed to determine whether to include the calculated assimilative capacities as WQBELs in the permit. This reasonable potential (RP) analysis is based on the Determination of the Requirement to Include Water Quality Standards-Based Limits in CDPS Permits Based on Reasonable Potential, dated December, 2002. This guidance document utilizes both quantitative and qualitative approaches to establish RP depending on the amount of available data. A qualitative determination of RP may be made where ancillary and/or additional treatment technologies are employed to reduce the concentrations of certain pollutants. Because it may be anticipated that the limits for a parameter could not be met without treatment, and the treatment is not coincidental to the movement of water through the facility, limits may be included to assure that treatment is maintained. A qualitative RP determination may also be made where a federal ELG exists for a parameter, and where the results of a quantitative analysis results in no RP. As the federal ELG is typically less stringent than a limitation based on the WQBELs, if the discharge was to contain concentrations at the ELG (above the WQBEL), the discharge may cause or contribute to an exceedance of a water quality standard. To conduct a quantitative RP analysis, a minimum of 10 effluent data points from the previous 5 years, should be used. The equations set out in the guidance for normal and lognormal distribution, where applicable, are used to calculate the maximum estimated pollutant concentration (MEPC). For data sets with non-detect values, and where at least 30% of the data set was greater than the detection level, MDLWIN software is used consistent with Division guidance to generate the mean and standard deviation, which are then used to establish the multipliers used to calculate the MEPC. If the MDLWIN program cannot be used the Division’s guidance prescribes the use of best professional judgment. For some parameters, recent effluent data or an appropriate number of data points may not be available, or collected data may be in the wrong form (dissolved vs total) and therefore may not be available for use in conducting an RP analysis. Thus, consistent with Division procedures, monitoring will be required to collect samples to support a RP analysis and subsequent decisions for a numeric limit. A compliance schedule may be added to the permit to require the request of an RP analysis once the appropriate data have been collected. For other parameters, effluent data may be available to conduct a quantitative analysis, and therefore an RP analysis will be conducted to determine if there is RP for the effluent Page 312 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 9 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer discharge to cause or contribute to exceedances of ambient water quality standards. The guidance specifies that if the MEPC exceeds the maximum allowable pollutant concentration (MAPC), limits must be established and where the MEPC is greater than half the MAPC (but less than the MAPC), monitoring must be established. Table VI-1 contains the calculated MEPC compared to the corresponding MAPC, and the results of the reasonable potential evaluation, for those parameters that met the data requirements. The RP determination is discussed for each parameter in the text below. Table VI-1 – Quantitative Reasonable Potential Analysis for Outfall 001A to Fossil Creek Reservoir Parameter 30-Day Average 7-Day Ave or Daily Max MEPC WQBEL (MAPC) Reasonable Potential MEPC WQBEL (MAPC) Reasonable Potential E. coli (#/100 ml) 66 862 Yes (Qual) 268 1724 Yes (Qual) TRC (mg/l) NA 0.076** Yes (Qual) 2.2 0.064 Yes (Qual) NH3 as N, Tot (mg/l) Jan 4.2 39.6 Yes (Qual) 7.8 64.4 Yes (Qual) NH3 as N, Tot (mg/l) Feb 3.9 42.2 Yes (Qual) 6.5 72.3 Yes (Qual) NH3 as N, Tot (mg/l) Mar 5.5 21.3 Yes (Qual) 14 64.4 Yes (Qual) NH3 as N, Tot (mg/l) Apr 4.6 12.6 Yes (Qual) 11 64.4 Yes (Qual) NH3 as N, Tot (mg/l) May 2.8 10.3 Yes (Qual) 8.1 64.5 Yes (Qual) NH3 as N, Tot (mg/l) Jun 1.6 12.2 Yes (Qual) 9.3 64.6 Yes (Qual) NH3 as N, Tot (mg/l) Jul 1.5 15.7 Yes (Qual) 3.3 64.8 Yes (Qual) NH3 as N, Tot (mg/l) Aug 3.7 20.0 Yes (Qual) 9.4 64.8 Yes (Qual) NH3 as N, Tot (mg/l) Sep 2.3 25.9 Yes (Qual) 8.9 64.5 Yes (Qual) NH3 as N, Tot (mg/l) Oct 2 32.7 Yes (Qual) 3.7 63.8 Yes (Qual) NH3 as N, Tot (mg/l) Nov 4.1 38.0 Yes (Qual) 7.3 63.8 Yes (Qual) NH3 as N, Tot (mg/l) Dec 3.8 39.2 Yes (Qual) 9.9 64.2 Yes (Qual) As, TR (µg/l) 0.7 689 No (Qual) As, Dis (µg/l) NA 1152 No (Qual) Cd, Dis (µg/l) ND* 8.3 No (Qual) ND* 31 No (Qual) Cr+3, TR (µg/l) NA 689 No (Qual) Cr+3, Dis (µg/l) NA 1591 No (Qual) NA 6009 No (Qual) Cr+6, Dis (µg/l) NA 76 No (Qual) NA 54 No (Qual) Cu, Dis (µg/l) 32 200 No 57 169 No CN, Free (µg/l) ND* 17 Monitor Fe, TR (µg/l) 94 6889 No (Qual) Pb, Dis (µg/l) 0.6 76 No (Qual) 0.6 952 No (Qual) Mn, TR (µg/l) NA 1378 Monitor Mn, Dis (µg/l) 109 16057 No Mo, TR (µg/l) NA 1033 Monitor Hg, Tot (µg/l) 0.019 0.069 No Ni, Dis (µg/l) 1.9 1157 No (Qual) 1.9 5127 No (Qual) Se, Dis (µg/l) 2.6 32 No 2.7 62 No Ag, Dis (µg/l) ND* 24 No (Qual) ND* 75 No (Qual) Zn, Dis (µg/l) 52 2948 No (Qual) 52 1911 No (Qual) *ND- Non-detect; ** will be set to daily maximum Table VI-2 – Quantitative Reasonable Potential Analysis for Outfall 002A to Cache la Poudre River Parameter 30-Day Average 7-Day Ave or Daily Max Antideg (2 Year Roll. Ave) MEPC WQBEL (MAPC) Reasonable Potential MEPC WQBEL (MAPC) Reasonable Potential MEPC ADBAC (MAPC) Reasonable Potential Page 313 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 10 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer E. coli (#/100 ml) 66 126 Yes (Qual) 268 252 Yes (Qual) NA 33 Yes (Qual) Temp Daily Max (°C) Apr 21.2 29 Monitor Temp Daily Max (°C) May 22.7 29 Monitor Temp Daily Max (°C) Jun 23.4 29 Monitor Temp Daily Max (°C) Jul 24.7 29 Monitor Temp Daily Max (°C) Aug 28.7 29 Monitor Temp Daily Max (°C) Sep 25.2 29 Monitor Temp Daily Max (°C) Oct 24.1 29 Monitor Temp MWAT (°C) Apr 19.7 24.2 Monitor Temp MWAT (°C) May 20.6 24.2 Monitor Temp MWAT (°C) Jun 22.8 24.2 Monitor Temp MWAT (°C) Jul 24.0 24.2 Monitor Temp MWAT (°C) Aug 24.3 24.2 Yes Temp MWAT (°C) Sep 24.6 24.2 Yes Temp MWAT (°C) Oct 23.9 24.2 Monitor TRC (mg/l) NA 0.011 Yes (Qual) 2.2 0.019 Yes (Qual) NA 0.0017 Yes (Qual) NH3 as N, Tot (mg/l) Jan 4.2 6.2 Yes (Qual) 7.8 21 Yes (Qual) NA 0.9 Yes (Qual) NH3 as N, Tot (mg/l) Feb 3.9 6.5 Yes (Qual) 6.5 19 Yes (Qual) NA 1.0 Yes (Qual) NH3 as N, Tot (mg/l) Mar 5.5 5.8 Yes (Qual) 14 19 Yes (Qual) NA 0.9 Yes (Qual) NH3 as N, Tot (mg/l) Apr 4.6 5.4 Yes (Qual) 11 18 Yes (Qual) NA 0.8 Yes (Qual) NH3 as N, Tot (mg/l) May 2.8 4.9 Yes (Qual) 8.1 30 Yes (Qual) NA 0.7 Yes (Qual) NH3 as N, Tot (mg/l) Jun 1.6 4.5 Yes (Qual) 9.3 42 Yes (Qual) NA 0.7 Yes (Qual) NH3 as N, Tot (mg/l) Jul 1.5 3.7 Yes (Qual) 3.3 36 Yes (Qual) NA 0.5 Yes (Qual) NH3 as N, Tot (mg/l) Aug 3.7 3.6 Yes (Qual) 9.4 37 Yes (Qual) NA 0.5 Yes (Qual) NH3 as N, Tot (mg/l) Sep 2.3 3.7 Yes (Qual) 8.9 33 Yes (Qual) NA 0.5 Yes (Qual) NH3 as N, Tot (mg/l) Oct 2 4.3 Yes (Qual) 3.7 10 Yes (Qual) NA 0.6 Yes (Qual) NH3 as N, Tot (mg/l) Nov 4.1 5.2 Yes (Qual) 7.3 14 Yes (Qual) NA 0.8 Yes (Qual) NH3 as N, Tot (mg/l) Dec 3.8 6.1 Yes (Qual) NA 25 Yes (Qual) NA 0.9 Yes (Qual) As, TR (µg/l) 0.7 7.6 Monitor NA 1.1 Monitor As, Dis (µg/l) NA 341 No (Qual) NA 51 No (Qual) Cd, Dis (µg/l) ND* 1.2 Monitor ND* 9.1 No (Qual) NA 0.18 Monitor Cr+3, TR (µg/l) NA 100 No (Qual) NA 15 No (Qual) Cr+3, Dis (µg/l) NA 232 No (Qual) NA 1778 No (Qual) NA 35 No (Qual) Cr+6, Dis (µg/l) NA 11 Monitor NA 16 No (Qual) NA 1.7 No (Qual) Cu, Dis (µg/l) 32 29 Yes 57 50 Yes 14 4.4 Yes CN, Free (µg/l) ND* 5 Yes (Qual) NA 0.75 Yes (Qual) Fe, TR (µg/l) 94 1002 Monitor NA 150 Monitor Pb, Dis (µg/l) 0.6 11 No (Qual) 0.6 282 No (Qual) NA 1.7 No (Qual) Mn, TR (µg/l) NA 201 Monitor NA 79 Monitor Mn, Dis (µg/l) 109 2625 No 109 4751 No 27 480 No Mo, TR (µg/l) NA 150 Monitor NA 23 Monitor Hg, Tot (µg/l) 0.019 0.01 Yes 0.0054 0.0021 Yes Ni, Dis (µg/l) NA 168 No (Qual) NA 1517 No (Qual) NA 25 No (Qual) Se, Dis (µg/l) 2.6 4.6 Monitor 2.7 18 No 0.54 3.2 No Ag, Dis (µg/l) ND* 3.5 No (Qual) ND* 22 No (Qual) NA 0.53 No (Qual) Zn, Dis (µg/l) 52 429 Monitor 52 566 No (Qual) NA 71 Monitor Note: While Drake WWTF did not discharge from 002A over the previous permit term, the DMR data from 001A were used to conduct an RP analysis for Outfall 002A. * ND- Non-detect Page 314 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 11 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer B. Parameter Evaluation BOD5 - 001A and 002A: The BOD5 concentrations in Reg 62 are the most stringent effluent limits and are therefore applied. The removal percentages for BOD5 also apply based on the Regulations for Effluent Limitations. These limitations are the same as those contained in the previous permit and are imposed upon the effective date of this permit. Total Suspended Solids -001A and 002A: The TSS concentrations in Reg 62 are the most stringent effluent limits and are therefore applied. The removal percentages for TSS also apply based on the Regulations for Effluent Limitations. These limitations are the same as those contained in the previous permit and are imposed upon the effective date of this permit. Oil and Grease –001A and 002A: The oil and grease limitations from the Regulations for Effluent Limitations are applied as they are the most stringent limitations. This limitation is the same as those contained in the previous permit and is imposed upon the effective date of this permit. pH - 001A and 002A: This parameter is limited by the water quality standards of 6.5-9.0 s.u., as this range is more stringent than other applicable standards. This limitation is the same as that contained in the previous permit and is imposed upon the effective date of this permit. E. coli – 001A and 002A: The limitation for E. coli is based upon the WQBEL as described in the WQA. A qualitative determination of RP has been made as the treatment facility has been designed to treat specifically for this parameter. Previous monitoring as shown in Table V-1 indicates that this limitation can be met and is therefore imposed upon the effective date of the permit. Total Residual Chlorine (TRC) - 001A and 002A: The limitation for TRC is based upon the WQBEL as described in the WQA. A qualitative determination of RP has been made as chlorine may be used in the treatment process. Previous monitoring as shown in Table V-1 indicate that this limitation can be met and is therefore imposed upon the effective date of the permit. Ammonia – 001A and 002A: The limitation for ammonia is based upon the WQBELs and NILs as described in the WQA. A qualitative determination of RP has been made as the treatment facility has been designed to treat specifically for this parameter. Outfall 001A: Previous monitoring as shown in Table V-1 indicates that this limitation can be met and is therefore effective immediately. Outfall 002A: This limitation is more stringnent than the previous permit limit and the permittee may Page 315 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 12 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer not be able to consistently meet this limitation and a compliance schedule has been added to the permit to give the permittee time to meet this limitation. Nitrite – The previous fact sheet states “nitrite is a very short lived decay product of ammonia. Because of the short life this parameter, these discharges are not anticipated to cause or contribute to an exceedance of the nitrite standard and no routine monitoring of nitrite will be required in the permit.” However, a permit monitoring limit was included in the permit for both outfalls. The previous permit term included a monitoring requirement for both outfalls, but was only included in the DMRs for Outfall 002A and therefore, the facility did not report any nitrite effluent data. Since the facility did not discharge from Outfall 002A, there was no data to conduct an RP analysis. At this renewal the Division will not include the nitrite in the permit. Total Arsenic – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 0.7µg/l, compared to the WQBEL of 689 µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results were as high as 0.7 µg/l, compared to the WQBEL of 7.6 µg/l and the ADBAC of 1.1 µg/l. Since the sample result was greater than half the ADBAC, a monitoring requirement will be added to the permit for the 30-day average and the two-year rolling average. Dissolved Arsenic- A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. While there were no dissolved arsenic data, total arsenic was used in this RP analysis. 001A: Sample results were as high as 0.7µg/l, compared to the WQBEL of 1152µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: Sample results were as high as 0.7µg/l, compared to the WQBEL of 341µg/l and the ADBAC of 51µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Potentially Dissolved Cadmium – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved cadmium were all non-detects with a detection limit of 0.2µg/l, compared to the WQBELs of 8.2µg/l (30-day average) and 31µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved cadmium were all non-detects with a detection limit of 0.2µg/l, compared to the WQBELs of 1.2µg/l (30-day average), 9.1 (daily maximum) and the ADBAC of 0.18µg/l. Since the detection limit is greater than the ADBAC, a monitoring requirement for the 30-day average and the two-year rolling average will be added to the permit. Total Trivalent Chromium – While there were no total trivalent chromium data, the facility collected DMR data for total chromium. Since trivalent chromium is included in total chromium, the total chromium data will be used for the RP analysis. 001A: Sample results for total chromium were as high as 1µg/l, compared to the WQBEL of 689 µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: Sample results for total chromium were as high as 1µg/l, compared to the WQBEL of 100 µg/l and the ADBAC of 15 µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Page 316 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 13 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Potentially Dissolved Trivalent Chromium - While there were no potentially dissolved trivalent chromium data, the facility collected DMR data for total chromium. Since trivalent chromium is included in total chromium, the total chromium data will be used for the RP analysis. 001A: Sample results for total chromium were as high as 1µg/l, compared to the WQBELs of 1591 µg/l and 6009 µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: Sample results for total chromium were as high as 1µg/l, compared to the WQBELs of 232 µg/l (30-day average) and 1778 µg/l (daily maximum) and the ADBAC of 51 µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Dissolved Hexavalent Chromium – While there were no dissolved hexavalent chromium data, the facility collected DMR data for total chromium. Since hexavalent chromium is included in total chromium, the total chromium data will be used for the RP analysis. 001A: Sample results for total chromium were as high as 1µg/l, compared to the WQBELs of 76 µg/l (30-day average) and 54 µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: Sample results for total chromium were as high as 1µg/l, compared to the WQBELs of 11µg/l (30-day average) and 16 µg/l (daily maximum) and the ADBAC of 1.7µg/l. Since the 1 ug/l of total chromium includes other chromiun form(s) the Division at this time made a qualitative no RP and therefore no limits will be added to the permit. Potentially Dissolved Copper – 001A: The RP analysis for potentially dissolved copper was based upon the WQBELs as calculated in the WQA. With the available data the log-normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than half of the MAPC and therefore limitations are not necessary at this time. 002A: The RP analysis for potentially dissolved copper was based upon the WQBELs as described in the WQA. With the available data the log-normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was greater than the MAPC and therefore limitations are required. Therefore a 30-day average, daily maximum, and two-year rolling average requirement has been added to the permit. Based upon previous monitoring, the permittee may not be able to consistently meet this limitation and a compliance schedule has been added to the permit to give the permittee time to meet this limitation. Cyanide – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for cyanide were as all below the detection limit of 10µg/l, compared to the WQBEL of 17µg/l. Since the detection limit is greater than 50% of the WQBEL a monitoring requirement will be added to the permit. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for cyanide were as all below the detection limit of 10µg/l, compared to the WQBEL of 5µg/l and the ADBAC of 0.75µg/l. Therefore, a qualitative determination of RP has been made and limitations will be added and imposed upon the effective date of the permit. Based upon previous monitoring, the permittee may not be able to consistently meet this limitation and a compliance schedule has been added to the permit to give the permittee time to meet this limitation. Total Recoverable Iron – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 94.05µg/l, compared to the WQBEL of 6889µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 94.05µg/l, compared to the WQBEL of Page 317 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 14 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 1002µg/l and the ADBAC of 150µg/l. Since the highest sample result was greater than 50% of the ADBAC, a monitoring requirement will be required in the permit. Potentially Dissolved Lead – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 0.6µg/l, compared to the WQBELs of 76µg/l (30-day average) and 952µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 0.6µg/l, compared to the WQBELs of 11µg/l (30-day average) and 282µg/l (daily maximum) and the ADBAC of 1.7µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Total Recoverable Manganese – 001A and 002A: There is no data available regarding the presence/absence or quantification of this parameter in the discharge. Since the potential exists for this parameter to be present, monitoring has been added to the permit. Potentially Dissolved Manganese – 001A: The RP analysis for potentially dissolved manganese was based upon the WQBELs as calculated in the WQA. With the available data the log/normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than half of the MAPC and therefore limitations are not necessary at this time. 002A: The RP analysis for potentially dissolved manganese was based upon the WQBELs as described in the WQA. With the available data the log/normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than the MAPC and therefore limitations are not necessary at this time. Total Molybdenum – 001A and 002A: There is no data available regarding the presence/absence or quantification of this parameter in the discharge. Since the potential exists for this parameter to be present, monitoring has been added to the permit. Total Mercury – 001A: The RP analysis for total mercury was based upon the WQBEL as calculated in the WQA. With the available data the log-normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than half of the MAPC and therefore limitations are not necessary at this time. 002A: The RP analysis for total mercury was based upon the WQBEL as described in the WQA. With the available data the log-normal program was used to determine the appropriate statistics to determine the MEPC. The MEPC was greater than the MAPC and therefore limitations are required. Therefore a30-day average and two year rolling average requirement has been added to the permit. Previous monitoring as shown in Table V-1 indicates that this limitation can be met and is therefore imposed upon the effective date of the permit. Based upon previous monitoring, the permittee may not be able to consistently meet this limitation and a compliance schedule has been added to the permit to give the permittee time to meet this limitation. Potentially Dissolved Nickel – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 1.9µg/l, compared to the WQBELs of 1157µg/l (30-day average) and 5127µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for were as high as 1.9µg/l, compared to the WQBELs of Page 318 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 15 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 168µg/l (30-day average) and 1517µg/l (daily maximum) and the ADBAC of 25µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Potentially Dissolved Selenium – 001A: The RP analysis for potentially dissolved selenium was based upon the WQBELs as calculated in the WQA. With the available data the MDLWIN program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than half of the MAPC and therefore limitations are not necessary at this time. 002A: The RP analysis for potentially dissolved selenium was based upon the WQBELs as described in the WQA. With the available data the MDLWIN program was used to determine the appropriate statistics to determine the MEPC. The MEPC was less than the MAPC and therefore limitations are not necessary at this time, however the MEPC was greater than 50% of the MAPC and therefore monitoring is required. Therefore, a report only requirement has been added to the permit, effective immediately. Potentially Dissolved Silver – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved silver were all non-detects at a detection limit of 0.2µg/l, compared to the WQBELs of 24µg/l (30-day average) and 75µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved silver were all non-detects at a detection limit of 0.2µg/l, compared to the WQBELs of 3.5µg/l (30-day average) and 22µg/l (daily maximum) and the ADBAC of 0.53µg/l. A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. Potentially Dissolved Zinc – 001A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved zinc were as high as 52.01µg/l, compared to the WQBELs of 2948µg/l (30-day average) and 1911µg/l (daily maximum). A qualitative determination of no RP has been made as the potential limitation is significantly greater than the sample results. 002A: A qualitative RP analysis was conducted as there was not enough data to conduct a quantitative RP analysis. Sample results for potentially dissolved zinc were as high as 52.01µg/l, compared to the WQBELs of 429µg/l (30-day average) and 566µg/l (daily maximum) and the ADBAC of 71µg/l. Because the sample results are greater than 50% of the ADBAC, a monitoring requirement will be added to the permit for the 30-day average and the two-year rolling average. Temperature- The MWAT is the maximum weekly average temperature, as determined by a seven day rolling average, using at least 3 equally spaced temperature readings in a 24-hour day (at least every 8 hours for a total of at least 21 data points). The daily maximum is defined as the maximum 2 hour average, with a minimum of 12 equally spaced measurements throughout the day. Based on the reporting requirements from the previous permit, the facility already has the necessary equipment in place to measure effluent temperature in the correct forms. Outfall 001A: However, there is no ambient data in the correct form to correctly calculate the temperature limitations; therefore, the facility will be required to install continuous monitoring equipment and to perform monitoring at the required intervals to collect data for future RP analysis. Additional reporting has been added to the permit via UST1A. As it is unknown whether the facility can meet the new temperature limitation, or whether there is reasonable potential for the facility to cause or contribute to an exceedance of the water quality Page 319 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 16 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer standard for temperature, report only conditions will be required for the duration of this permit. Upon the next permit renewal, the collected temperature data will be used to determine if there is reasonable potential, and/or if the permittee can meet the limitation. Outfall 002A: The facility provided four years of 15-minute interval temperature data. From that data the Division calculated MWAT and DM values to conduct an RP analysis. The Division’s practice for temperature is to use a multiplier of 1.1 (minimum multiplier) rather than to statistically derive a multiplier from the data set based on sample size and coefficient of variation. This is because for temperature the sample size is expected to be greater than 47 samples in all cases. For August and September, the Division determined reasonable potential exists for temperature for the MWAT. Therefore a limitation has been added to the permit. As shown in Table V-2, effluent temperature data for August and September was 22.1 and 22.4, and the MEPC was calculated by using a multiplier of 1.1. The effluent temperature data was two degrees less than the limit. Therefore, this limitation can be met and is imposed upon the effective date of the permit. For April through October DM and MWAT (except August and September) the MEPC was less than the MAPC and therefore limitations are not necessary at this time, however the MEPC was greater than 50% of the MAPC, so monitoring is required. Therefore, a report only requirement has been added to the permit, effective immediately. For March and November, ambient data in the correct format is needed to calculate WQBELs. Therefore, a monitoring requirement will be added to the permit. Due to the temporary modification set to “current conditions” for Upper South Platte River segment 11, a monitoring requirement will be added to the permit for December through February. Organics – The effluent is not expected or known to contain organic chemicals, and therefore, limitations for organic chemicals are not needed in this permit. Nutrients – The technology based effluent limitations set forth in Regulation 85.5.1.a.iii for total inorganic nitrogen and total phosphorus will be implemented into this permit. Based on previous Regulation 85 monitoring data, the facility is able to meet the total inorganic nitrogen limitation, which is imposed on the effective date of the permit. The facility may not be able to consistently meet the total phosphorus limitation. Therefore a compliance schedule has been added to the permit to give the facility time to meet this limitation. Whole Effluent Toxicity (WET) Testing – For this facility, chronic WET testing has been determined to be applicable based on the instream waste concentrations calculated in the WQA. This facility is expected to discharge metals at concentrations found to have toxic effects to fish and other aquatic life. Additionally this facility discharges ammonia, which can cause toxicity at low concentrations. Contributions from industrial users increase the reasonable potential for the discharge to interfere with attainment of applicable water quality classifications or standards. On these bases, a chronic WET testing limit has been incorporated into the permit. The permittee should read the WET testing section of Part I of the permit carefully, as this information has been updated in accordance with the Division’s updated policy, Implementation of the Narrative Standard for Toxicity in Discharge Permits Using Whole Effluent Toxicity (Sept 30, 2010) . The permit outlines the test requirements and the required follow-up actions the permittee must take to resolve a toxicity incident. The permittee should also read the above mentioned policy which is available on the Permit Section website. The permittee should be aware that some of the conditions outlined above may be subject to change if the facility experiences a change in discharge, as outlined in Part II.A.2. of the permit. Such changes shall be reported to the Division immediately. Page 320 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 17 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer C. Parameter Speciation Total / Total Recoverable Metals For standards based upon the total and total recoverable methods of analysis, the limitations are based upon the same method as the standard. Total / Total Recoverable Arsenic For total recoverable arsenic, the analysis may be performed using a graphite furnace, however, this method may produce erroneous results and may not be available to the permittee. Therefore, the total method of analysis will be specified instead of the total recoverable method. Total Mercury Until recently there has not been an effective method for monitoring low-level total mercury concentrations in either the receiving stream or the facility effluent. To ensure that adequate data are gathered to show compliance with the limitation and consistent with Division initiatives for mercury, quarterly effluent monitoring for total mercury at low-level detection methods will be required by the permit. Dissolved Metals / Potentially Dissolved For metals with aquatic life-based dissolved standards, effluent limits and monitoring requirements are typically based upon the potentially dissolved method of analysis, as required under Regulation 31, Basic Standards and Methodologies for Surface Water. Thus, effluent limits and/or monitoring requirements for these metals will be prescribed as the “potentially dissolved” form. Cyanide: For cyanide, the acute standard is in the form of "free" cyanide concentrations. Historically, analytical procedures were not readily available for measuring the concentration of free cyanide in a complex effluent therefore the Division required weak acid dissociable cyanide to be reported instead. Even though methods are now available to measure free cyanide, weak acid dissociable cyanide will be still required as this analytical procedure will detect free cyanide plus those forms of complex cyanide that are most readily converted to free cyanide. Therefore, ASTM (American Society for Testing and Materials) analytical procedure D2036-81, Method C, will be used to measure weak acid dissociable cyanide in the effluent. VII. ADDITIONAL TERMS AND CONDITIONS A. Monitoring Effluent Monitoring – Effluent monitoring will be required as shown in the permit document. Refer to the permit for locations of monitoring points. Monitoring requirements have been established in accordance with the frequencies and sample types set forth in the Baseline Monitoring Frequency, Sample Type, and Reduced Monitoring Frequency Policy for Industrial and Domestic Wastewater Treatment Facilities. This policy includes the methods for reduced monitoring frequencies based upon facility compliance as well as for considerations given in exchange for instream monitoring programs initiated by the permittee. Table VII-1 shows the results of the reduced monitoring frequency analysis for Permitted Feature 001A, based upon compliance with the previous permit. Table VII-1 – Monitoring Reduction Evaluation-001A Page 321 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 18 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Parameter Proposed Permit Limit Average of 30- Day (or Daily Max) Average Conc. Standard Deviation Long Term Characterization (LTC) Reduction Potential E. coli (#/100 ml) 862 16 14 44 3 Levels TRC (mg/l) 0.064 0.0021 0.01 0.0221 3 Levels NH3 as N, Tot (mg/l) 10.3 2.4 1.6 5.6 2 Levels BOD5, effluent (mg/l) 30 11 3.7 18.4 2 Levels TSS, effluent (mg/l) 30 11 4.2 19.4 2 Levels B. Reporting 1. Discharge Monitoring Report – The Drake WWTF facility must submit Discharge Monitoring Reports (DMRs) on a monthly basis to the Division. These reports should contain the required summarization of the test results for all parameters and monitoring frequencies shown in Part I.A.2 of the permit. See the permit, Part I.D for details on such submission. 2. Special Reports – Special reports are required in the event of an upset, bypass, or other noncompliance. Please refer to Part II.A. of the permit for reporting requirements. As above, submittal of these reports to the US Environmental Protection Agency Region VIII is no longer required. C. Signatory and Certification Requirements Signatory and certification requirements for reports and submittals are discussed in Part I.D.8. of the permit. D. Stormwater Pursuant to 5 CCR 1002-61.3(2), wastewater treatment facilities with a design flow of 1.0 mgd or more, or that are required to have an approved pretreatment program, are specifically required to obtain stormwater discharge permit coverage or a Stormwater No Exposure Certification, in order to discharge stormwater from their facilities to state waters. The stormwater discharge permit applicable to wastewater treatment facilities is the CDPS General Permit for Stormwater Discharges Associated with Non-Extractive Industrial Activity. Division records indicate that the City of Fort Collins applied for and obtained coverage under this permit for the Drake Water Reclamation Facility. The CDPS certification number is COR900823. E. Additional Permit Requirements The Use of the Pretreatment Framework to identify, characterize, and control sources of pollutants to POTWs The Division reviewed the pretreatment framework and its implementation in Colorado, and determined that this framework is the most appropriate tool to identify, characterize, and control sources of pollutants to the POTW. The Division reviewed both the ADD FACILITY NAME permit provisions, and the Division’s standard permit provisions to ensure that the requirements are equivalent to those provided by EPA (EPA implements the federal pretreatment program in Colorado Page 322 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 19 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer because the state has not been delegated its own pretreatment program). Permit provisions differ for POTWs required to maintain a pretreatment program and for POTWs not required to maintain a pretreatment program. The Division found that the provisions for POTWs that are required to maintain a pretreatment program met these requirements, and therefore there is no need to change these provisions in Colorado’s permits. These POTWs are required to identify and locate all possible industrial users (“IUs”), identify the character and volume of pollutants, maintain current information regarding IUs and conduct periodic pollutant scans of both influent and effluent for a list of parameters. The permit provisions also conformed to those provided by EPA for inclusion in Division issued permits. POTWs not required to maintain a pretreatment program are not held to this level of requirement, and as such are less likely to generate the level of information described in the statement of basis and purpose. These POTWs are required to submit information in their permit applications regarding industrial discharges. EPA as the pretreatment authority also notifies POTWs without pretreatment programs to conduct a comprehensive industrial user survey, as needed, to further evaluate these POTWs for development of a program. EPA also recommends that permits for all POTWs require periodic pollutant scans of effluent, require periodic pollutant scans of effluent. F. Economic Reasonableness Evaluation Section 25-8-503(8) of the revised (June 1985) Colorado Water Quality Control Act required the Division to "determine whether or not any or all of the water quality standard based effluent limitations are reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons, and are in furtherance of the policies set forth in sections 25-8- 192 and 25-8-104." The Colorado Discharge Permit System Regulations, Regulation No. 61, further define this requirement under 61.11 and state: "Where economic, environmental, public health and energy impacts to the public and affected persons have been considered in the classifications and standards setting process, permits written to meet the standards may be presumed to have taken into consideration economic factors unless: a. A new permit is issued where the discharge was not in existence at the time of the classification and standards rulemaking, or b. In the case of a continuing discharge, additional information or factors have emerged that were not anticipated or considered at the time of the classification and standards rulemaking." The evaluation for this permit shows that the Water Quality Control Commission, during their proceedings to adopt the Classifications and Numeric Standards for South Platte River Basin, Laramie River Basin, Republican River Basin, Smoky Hill Basin, considered economic reasonableness. Furthermore, this is not a new discharger and no new information has been presented regarding the classifications and standards. Therefore, the water quality standard-based effluent limitations of this permit are determined to be reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons and are in furtherance of the policies set forth in Sections 25-8-102 and 104. If the permittee disagrees with this finding, pursuant to 61.11(b)(ii) of the Colorado Discharge Permit System Regulations, the permittee should submit all pertinent information to the Division during the public notice period. Page 323 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 20 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer VIII. REFERENCES A. Colorado Department of Public Health and Environment, Water Quality Control Division Files, for Permit Number CO0047627. B. “Design Criteria Considered in the Review of Wastewater Treatment Facilities”, Policy 96-1, Colorado Department of Public Health and Environment, Water Quality Control Commission, April 2007. C. Basic Standards and Methodologies for Surface Water, Regulation No. 31, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective January 31, 2013. D. Classifications and Numeric Standards for South Platte River Basin, Laramie River Basin, Republican River Basin, Smoky Hill River Basin, Regulation No. 38, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective June 30, 2015. E. Colorado Discharge Permit System Regulations, Regulation No. 61, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective June 30, 2015. F. Regulations for Effluent Limitations, Regulation No. 62, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective July 30, 2012. G. Pretreatment Regulations, Regulation No. 63, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective April 01, 2007. H. Biosolids Regulation, Regulation No. 64, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective June 30, 2014. I. Colorado River Salinity Standards, Regulation No. 39, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective August 30, 1997. J. Section 303(d) List of Water Quality Limited Segments Requiring TMDLs, Regulation No 93, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective March 30, 2012. K. Colorado’s Section 303(d) List of Impaired Waters and Monitoring and Evaluation List, Regulation No 93, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective March 30, 2012. L. Antidegradation Significance Determination for New or Increased Water Quality Impacts, Procedural Guidance, Colorado Department of Public Health and Environment, Water Quality Control Division, effective December 2001. M. Memorandum Re: First Update to (Antidegradation) Guidance Version 1.0, Colorado Department of Public Health and Environment, Water Quality Control Division, effective April 23, 2002. N. Determination of the Requirement to Include Water Quality Standards-Based Limits in CDPS Permits Based on Reasonable Potential, Policy Number CW-1, Colorado Department of Public Health and Environment, Water Quality Control Division, effective November 18, 2013. Page 324 Item 14. Water Quality Control Division Fact Sheet, Permit No. CO0047627 Page 21 of 21 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer O. The Colorado Mixing Zone Implementation Guidance, Colorado Department of Public Health and Environment, Water Quality Control Division, effective April 2002. P. Baseline Monitoring Frequency, Sample Type, and Reduced Monitoring Frequency Policy for Domestic and Industrial Wastewater Treatment Facilities, Water Quality Control Division Policy WQP-20, May 1, 2007. Q. Implementing Narrative Standards in Discharge Permits for the Protection of Irrigated Crops, Water Quality Control Division Policy WQP-24, March 10, 2008. R. Implementing Narrative Standard for Toxicity in Discharge Permits Using Whole Effluent Toxicity (WET) Testing. Colorado Department of Public Health and Environment, Water Quality Control Division Policy Permits-1, September 30, 2010. S. Policy for Conducting Assessments for Implementation of Temperature Standards in Discharge Permits, Colorado Department of Public Health and Environment, Water Quality Control Division, Policy Number WQP-23, effective July 3, 2008. T. Permit Compliance Schedules, Colorado Department Public Health and Environment, Water Quality Control Division Policy Number CW-3, effective March 4, 2014. U. Procedural Regulations for Site Applications for Domestic Wastewater Treatment Works, Regulation No. 22, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective September 30, 2009. V. Regulation Controlling discharges to Storm Sewers, Regulation No. 65, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective May 30, 2008. W. Water and Wastewater Facility Operator Certification Requirements, Regulation No. 100, Colorado Department of Public Health and Environment, Water Quality Control Commission, effective June 30, 2012. VIII. PUBLIC NOTICE COMMENTS Page 325 Item 14. City of Fort Collins 3036 Environmental Drive Fort Collins, CO 80525 ATTN: Christina Schroeder Director, Plant Operations Water Reclamation & Biosolids Thank you for your continued interest in our Hydrofloc 1687 cationic dry powder. This cationic dry powder is unique to Aqua Ben and has a proven track record of high performance on the centrifuges at the Drake Facility. Hydrofloc 1687 is available in 1650 lb. net lb. supersacks. Due to the nature of cationic polymer our costs have increased exponentially though Aqua Ben has and will continue to work diligently to make sure we are a market leader in cost-effective polymer solutions for our valuable customers. Your quote for Hydrofloc 1687: Time Frame: 1-1-2023 to 12-31-2023 Hydrofloc 1687 Available in 1650 lb. supersacks Price: $3.22 / lb. delivered to your Drake Facility (16 sacks per order) Standard lead time for cationic powders is up to 15 weeks but can typically ship before that time frame. Please feel free to reach out to me and I can walk you through what we are seeing currently with lead times. Your Technical Sales Representative Carolyn Pecht (35 years with Aqua Ben) Phone: 949-689-4907 E-Mail: carpecht@sbcglobal.com Regarding product selection at your facility, we have performed industry standard Jar Tests to confirm the product viability and performance and with 28 years of experience in your facility we have the knowledge to monitor the performance of our polymers and make any changes necessary to keep the centrifuges operating at optimum performance. Thank you for the opportunity to provide a quotation for our HF 1687. We look forward to working with you in 2023. Best regards, Jeff Wallace Jeff Wallace General Manager Aqua Ben Corporation Office: 714-771-6040 Fax: 714-771-1465 E-mail: jwallace@aqauben.com www.aquaben.com DocuSign Envelope ID: EAF89F44-46DE-4FA4-9103-463B4856A817DocuSign Envelope ID: 11069F7D-DA98-449C-B3A7-443004E7BAEF Page 326 Item 14. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Greg Oakes, Park Planning and Development Sara Arfmann, Legal SUBJECT Resolution 2023-067 Authorizing the City Manager to Execute an Intergovernmental Agreement with Larimer County for the Funding of the Colorado Front Range Trail – Poudre River Trail Segment with the Great Outdoors Colorado (GOCO) Grant Reimbursement. EXECUTIVE SUMMARY The purpose of this item is to support the Intergovernmental Agreement (IGA) with the City and Larimer County for the Poudre River Trail segment grant. Larimer County, in partnership with Fort Collins, Timnath, and Windsor, received a $2.0 million grant from Great Outdoors Colorado (GOCO) for the completion of the remaining segments of the Poudre River Trail. The Grant will fund construction of gaps in the trail from Colorado State University’s (CSU) Environmental Learning Center (ELC) to River Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger Reservoir property. Funds from the award will be used to close two gaps of the Poudre River Trail within the City, one between Arapaho Bend Natural Area and the existing Timnath trail system on the east side of I-25, and the other connecting the existing trail near Rigden Reservoir to CSU’s ELC. Alternative alignments are being explored for the segment of trail between Rigden Reservoir and the ELC (see attachment 2). STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Until recently, residents of Larimer and Weld Counties have only been able to access and enjoy portions of the Poudre River Regional Trail. People using the trail for recreating and commuting were unable to safely access via contiguous trail, using sections of the trail existing east and west of I-25. With this project, all the missing trail sections will be constructed, filling in the gaps and completing the 45-mile regional trail corridor. The completion of the trail from Bellvue to Greeley will be publicized to celebrate this major accomplishment, which is over 40 years in the making, and to inform people how to safely and conveniently access and use the entire regional trail system. The final connection of the trail's east and west segments was completed as part of Colorado Department of Transportation’s I-25 Express Lane project, which includes replacing a bridge along the trail and building an underpass to accommodate the trail. Page 327 Item 15. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 The GOCO grant is on a reimbursement basis. To date, the only funds that have been disbursed by GOCO have gone to Windsor as they completed their section back in 2020. The grant funding splits are as follows: Fort Collins: $1,000,744 Larimer County: $405,017 Windsor: $405,017 (paid) Timnath: $162,713 CITY FINANCIAL IMPACTS Total project cost for the City of Fort Collins portion is estimated at $1,809,546. GOCO’s contribution to the City is $1,000,744 with the remainder of the necessary funds coming from Conservation Trust funds. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Park Planning and Development staff presented the project to the Parks and Recreation Board (P&R Board) and received support on March 27, 2019. Additionally, the project was also presented to the Bicycle Advisory Committee (BAC), receiving support on August 28, 2019. Continual project updates since 2019 have occurred to the P&R Board and the BAC. In addition to the various Boards support, Budgeting for Outcomes (BFO) offer 60.1, Recreational Trail Development was funded in 2023 and 2024 to support this initiative. PUBLIC OUTREACH A press release was published in the Coloradoan in June of 2022. Staff have provided consistent City of Fort Collins Park Planning and Development webpage updates throughout the design process and will continue to update the community on relevant construction and safety information. ATTACHMENTS 1. Resolution for Consideration 2. Exhibit A to Resolution 3. 2019 GOCO Connect Final Project Budget 4. 2019 GOCO Initiative Poudre River Regional Trail Page 328 Item 15. -1- RESOLUTION 2023-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE FUNDING OF THE COLORADO FRONT RANGE TRAIL - POUDRE RIVER TRAIL SEGMENT WITH THE GREAT OUTDOORS COLORADO (GOCO) GRANT REIMBURSEMENT WHEREAS, Larimer County (“County”), in partnership with the City’s Park Planning and Development Division of the Parks Department, the Town of Timnath, and the Town of Windsor applied for and received a grant from Great Outdoors Colorado (“GOCO”) for the completion of the Poudre River Trail (the “Grant”); and WHEREAS, the Grant will fund construction of gaps in the trail from the Colorado State University Environmental Learning Center (“ELC”) in eastern Fort Collins to River Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger reservoir property (the “Project”); and WHEREAS, the City’s share of the Project includes closing two gaps of the Poudre River Trail within the City, one between Arapaho Bend Natural Area and the existing Timnath trail system on the east side of I-25, and the other connecting the existing trail near Rigden Reservoir to the ELC, with alternative alignments being explored for the segment of trail between Rigden Reservoir and the ELC; and WHEREAS, the City’s estimated portion of the Grant allocation is $1,000,744; and WHEREAS, the total project cost for the City is estimated at $1,809,546, and the remainder of the necessary funds have already been appropriated and available for expenditure in the Conservation Trust funds; and WHEREAS, as the primary applicant on the Grant, the County is responsible for managing the Grant, including executing any necessary grant agreements with GOCO and coordinating reimbursements, and the County has asked the City to enter into an agreement, shown on Exhibit “A, attached hereto and incorporated herein by reference, to document the City’s and County’s obligations with respect to the Grant (the “IGA”); and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter contracts with governmental bodies to furnish governmental services and make charges for such services, or enter cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and Page 329 Item 15. -2- WHEREAS, the City Council has determined that entering into the Intergovernmental Agreement (IGA) with the County is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes the City Manager to execute the IGA, pursuant to which the County will reimburse the City for costs related to completion of the Poudre River Trail, in substantially the form attached hereto as Exhibit “A,” together with such modifications and additions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or further the purposes of this Resolution, as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 330 Item 15. 1 EXHIBIT A TO RESOLUTION 2023-067 INTERGOVERNMENTAL AGREEMENT FOR FUNDING THE COLORADO FRONT RANGE TRAIL-POUDRE RIVER TRAIL SEGMENT THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into this ____ day of ______________, 2023, by and among Larimer County, Colorado (the “County”) and the City of Fort Collins, (“Fort Collins”), (each a “Party” and collectively, the “Parties”). BACKGROUND AND PURPOSE A. Larimer County, in partnership with Fort Collins, Timnath, and Winsdor has applied for and received a grant from Great Outdoors Colorado (GOCO) for the completion of the Poudre River Trail (the “Grant”). The Grant will fund construction of gaps in the trail from the Environmental Learning Center in eastern Ft. Collins to River Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger reservoir property (the “Project”). B. A Project budget for trail construction was approved as part of a Grant agreement with GOCO, Exhibit A. The estimated Project budget is included as Exhibit B, attached hereto and incorporated herein by this reference, and totals $3,740,402. C. Fort Collins’s estimated portion of the Grant allocation is $1,000,744. D. Maps have been developed depicting the Project and each Party’s segments are identified, Exhibit C. Fort Collins’ share of the Project, segments A, B, and C, includes all construction related costs from the Environmental Learning Center to the Colorado Department of Transportation’s (C-DOT) Interstate I-25 (I-25) right- of way on the west of I-25 and a short section east of I-25 between C-DOT right-of way and the existing trail on Timnath property. Timnath’s share of the project, segments D and E, include all construction related costs between the existing trail in the Rendezvous subdivision and the Graves property. Larimer County’s share of the trail, segment F, includes all construction related costs between the northern boundary of the Graves property and the Kyger reservoir property. Windsor’s share of the Project, segment G, includes all construction related costs of the portion of trail and trailhead on the Kyger reservoir property and the connection to River Bluffs Open Space. Page 331 Item 15. 2 AGREEMENT NOW THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1) As the primary applicant, the County will be responsible for managing the Grant including executing any necessary GOCO grant agreements and accompanying documentation and coordinating all reimbursements. 2) Upon execution of this Agreement, Fort Collins shall provide in writing to the County evidence that the Fort Collins City Council has appropriated sufficient funds to satisfy Fort Collins’s estimated share of the Project construction costs as set forth herein. 3) With respect to its segment of the Project, Fort Collins will comply with and agrees to be bound by the obligations stated in the Grant agreement. 4) Each party is responsible for coordinating the design, permitting, construction and any construction related activities to complete the trail segments referenced above. 5) The Grant allocation to each Party will not exceed the allocation in the estimated budget. Should costs exceed the estimate, they are the responsibility of the affected Party. 6) Fort Collins’ portion of the Grant will not exceed $1,000,744 unless mutually agreed upon. 7) The County’s portion of the Grant will not exceed $431,526 unless mutually agreed upon. 8) Should the cost of a Party’s segment fall below the estimate, GOCO will be consulted, and the Parties will meet to agree upon an equitable disbursement of any remaining Grant funds. 9) The Parties shall be each be responsible for coding and paying all Project invoices associated with each Party’s segment and will maintain accurate accounts of all Project expenditures including the costs related each segment. 10) Fort Collins will submit an invoice to Larimer County for the agreed upon grant allocation within 90 days of completion of Fort Collins’s Project segments. Page 332 Item 15. 3 11) Reimbursement from GOCO is contingent upon reporting approval and subject to completion of other trail segments. 12) If either party fails to comply with any of its obligations hereunder (a “Default”), the non-defaulting Party shall provide written notice of the Default to the defaulting Party. Immediately upon receipt of such notice, the defaulting Party shall promptly proceed to cure such Default within thirty (30) days or, if not able to be cured within thirty (30) days, within such time as agreed upon by the non - defaulting Party. If the defaulting Party fails to cure or remedy the Default within the time period prescribed, the non-defaulting Party may proceed to protect and enforce any or all of its rights and the obligations of the defaulting Party under this Agreement in equity or at law in an action for specific performance or otherwise, or take any other action authorized or permitted under applicable law. 13) This Agreement shall remain in force and effect until Fort Collins has completed all its obligations hereunder. 14) The parties agree to cooperate in good faith to meet the Grant deadline of March 31, 2025. The parties agree to cooperate in requesting a second extension if deemed necessary by either party. 15) To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Parties, it shall be subject to annual appropriation. Neither party shall have an obligation to continue this Agreement in any fiscal year in which no such appropriation is made. 16) Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three (3) business days after being sent by certified mail, return receipt requested: If to the County: Natural Resources Director 1800 South County Road 31 Loveland, CO 80537 With a copy to: County Attorney PO Box 1606 Fort Collins, CO 80522 If to Fort Collins: Park Planning & Development Director 215 North Mason Street Page 333 Item 15. 4 P.O. Box 580 Fort Collins, CO 80522 With a copy to: Natural Areas Director 1745 Hoffman Mill Rd. Fort Collins, CO 80524 With a copy to: City Attorney P.O. Box 580 Fort Collins, CO 80522 17) Each Party is solely responsible for the actions and omissions of its officers and employees and shall not be responsible or legally liable for the negligent acts of the other Party or of the other Party’s officers or employees. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 18) The parties recognize the legal constraints imposed upon them by the constitutions, statutes, and regulations of the State of Colorado and of the United States, and imposed upon the Parties by their respective charters and municipal codes, and, subject to such constraints, the parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall any party exercise any power or take any action which shall be prohibited by applicable law. 19) This Agreement, including the GOCO Grant agreement, contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. This Agreement is for the benefit of the parties, and there is no third party or other intended beneficiaries to this Agreement. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Neither party shall assign this Agreement without the other party’s prior written consent. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 20) This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same agreement. This Agreement may be executed by electronic signature in accordance with C.R.S 24-71.3-101 et seq. Page 334 Item 15. 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO By: ______________________________ Kelly DiMartino, City Manager ATTEST: ____________________________ City Clerk ____________________________ (Print name) APPROVED AS TO FORM: ____________________________ Assistant City Attorney _____________________________ (Print name) COUNTY OF LARIMER, COLORADO By: ________________________________ Jody Shadduck-McNally - Chair ATTEST: ____________________________ APPROVED AS TO FORM: ___________________________ County Attorney Page 335 Item 15. Colorado Front Range/Poudre River Regional Trail Initiative Proposed Budget Cash Expenses Number of Units Cost Per Unit GOCO Larimer County City of Fort Collins Town of Timnath Town of Windsor CDOT Total City of Fort Collins‐ Segments A,B, & C Clearing and Grubbing ‐ SY 29,280 $2.00 $58,560.00 $0 $0.00 $0 $0 $0 $58,560.00 Unclassified Exavaction (Comp. in place) ‐ CY 4,880 $25.00 $100,000.00 $0 $22,000.00 $0 $0 $0 $122,000.00 Tree Removal ‐ LS 3 $5,000.00 $0 $15,000.00 $0 $0 $0 $15,000.00 Dewatering ‐ LS 1 $160,000.00 $0 $160,000.00 $0 $0 $0 $160,000.00 Structural Backfill (Class 2) ‐ CY 4880 $40.00 $195,200.00 $0 $0.00 $0 $0 $0 $195,200.00 Import Topsoil ‐ CY 4880 $10.00 $48,800.00 $0 $0.00 $0 $0 $0 $48,800.00 Grading / Earthwork ‐ CY 4880 $12.00 $58,560.00 $0 $0.00 $0 $0 $0 $58,560.00 Stockpile Topsoil ‐ CY 4880 $10.00 $48,800.00 $0 $0.00 $0 $0 $0 $48,800.00 Concrete Washout Structure ‐ EA 4 $1,000.00 $0 $4,000.00 $0 $0 $0 $4,000.00 Vehicle Tracking Pad 4 $2,000.00 $0 $8,000.00 $0 $0 $0 $8,000.00 Erosion Control ‐ AC 6 $250.00 $0 $1,500.00 $0 $0 $0 $1,500.00 Erosion Control Supervisor ‐ HR 400 $80.00 $0 $32,000.00 $0 $0 $0 $32,000.00 Native Seeding ‐ AC 6 $2,500.00 $0 $15,000.00 $0 $0 $0 $15,000.00 Mulching / Native Hay‐Hydromulch ‐ AC 6 $3,000.00 $0 $18,000.00 $0 $0 $0 $18,000.00 ABC Class 5 Base Course ‐ TON 325 $27.00 $8,775.00 $0 $0.00 $0 $0 $0 $8,775.00 Crusher Fines 325 $42.00 $13,650.00 $0 $0.00 $0 $0 $0 $13,650.00 Concrete Bikeway ‐ 5" colored fibermesh ‐ SY 9760 $45.00 $439,200.00 $0 $0.00 $0 $0 $0 $439,200.00 Sanitary Facility ‐ EA 1 $1,000.00 $0 $1,000.00 $0 $0 $0 $1,000.00 Field Office ‐ EA 1 $25,000.00 $0 $25,000.00 $0 $0 $0 $25,000.00 Geotech Boring / Testing (500' O.C.) ‐ EA 18 $300.00 $0 $5,400.00 $0 $0 $0 $5,400.00 Railroad Crossing Improvements 1 $280,000.00 $29,199.00 $0 $250,801.00 $0 $0 $0 $280,000.00 Trail counter 1 $5,200.00 $0 $5,200.00 $0 $0 $0 $5,200.00 Construction Staking and Surveying 1 $13,566.24 $0 $13,566.24 $0 $0 $0 $13,566.24 Mobilization 1 $67,831.18 $0 $67,831.18 $0 $0 $0 $67,831.18 Contingency (10%) 1 $164,504.24 $0 $164,504.24 $0 $0 $0 $164,504.24 Segments A, B, C ‐ Total $1,809,546.66 Town of Timnath ‐ Segments D & E Clearing and Grubbing ‐ SY 1 $5,000.00 $5,000.00 $0 $0 $0.00 $0.00 $0 $5,000.00 Native Seeding ‐ AC 1.5 $2,500.00 $0 $0 $3,750.00 $0.00 $0 $3,750.00 Mulching / Native Hay‐Hydromulch ‐ AC 1.5 $3,000.00 $4,500.00 $0 $0 $0.00 $0.00 $0 $4,500.00 Three Bell Parkway Pedestrian Crossing ‐ LS 1 $40,000.00 $40,000.00 $0 $0 $0.00 $0.00 $0 $40,000.00 Trail Sign & Kiosk‐ EA 1 $2,000.00 $1,060.00 $0 $0 $940.00 $0.00 $0 $2,000.00 Concrete Trail ‐ 6" fibermesh ‐ SY (8' wide) 1800 $45.00 $81,000.00 $0 $0 $0.00 $0.00 $0 $81,000.00 Concrete Trail ‐ 6" fibermesh ‐ SY (10' wide) 333 $45.00 $14,985.00 $0 $0 $0.00 $0.00 $0 $14,985.00 Asphalt Bikeway ‐ 8'wide 4" ‐ LF 2650 $32.00 $1,318 $0 $0 $83,482.00 $0.00 $0 $84,800.00 Grading / Earthwork ‐ CY 675 $12.00 $8,100.00 $0 $0 $0.00 $0.00 $0 $8,100.00 Stockpile Topsoil ‐ CY 675 $10.00 $6,750.00 $0 $0 $0.00 $0.00 $0 $6,750.00 Concrete Washout Structure ‐ EA 1 $1,500.00 $0 $0 $1,500.00 $0.00 $0 $1,500.00 Vehicle Tracking Pad ‐ EA 1 $2,000.00 $0 $0 $2,000.00 $0.00 $0 $2,000.00 Erosion Control ‐ AC 1.5 $250.00 $0 $0 $375.00 $0.00 $0 $375.00 Geotech Boring / Testing (500' O.C.) ‐ EA 5 $300.00 $0 $0 $1,500.00 $0.00 $0 $1,500.00 Trail counter 1 $5,200.00 $0 $0 $5,200.00 $0 $0 $5,200.00 Flagging 8 $27.00 $0 $0 $216.00 $0.00 $0 $216.00 Traffic Control Management 1 $550.00 $0 $0 $550.00 $0.00 $0 $550.00 Mobilization 1 $5,244.52 $0 $0 $5,244.52 $0.00 $0 $5,244.52 Contigency (10%) 1 $26,747.05 $0 $0 $26,747.05 $0.00 $0 $26,747.05 Segments D & E ‐ Total $294,217.57 Larimer County ‐ Segment F Clearing and Grubbing 1 $10,000.00 $10,000.00 $0 $0 $0 $0 $0 $10,000.00 Unclassified Exavaction (Comp. in Place) ‐ CY 2,000 $15.00 $7,180.00 $22,820.00 $0 $0 $0 $0 $30,000.00 Unsuitable Material (CIP) ‐ CY 500 $45.00 $22,500.00 $0 $0 $0 $0 $22,500.00 Borrow (CIP) ‐CY 500 $20.00 $10,000.00 $0 $0 $0 $0 $10,000.00 Erosion Log (12) ‐ EA 1000 $6.00 $6,000.00 $0 $0 $0 $0 $6,000.00 Concrete Washout Structure ‐ EA 2 $1,500.00 $3,000.00 $0 $0 $0 $0 $3,000.00 Crusher Fines (along concrete) ‐ LF 665 $40.00 $26,600.00 $0 $0 $0 $0 $26,600.00 23" x 14" Ellip. Reinforced Concrete Pipe (CIP) ‐ LF 200 $100.00 $20,000.00 $0.00 $0 $0 $0 $0 $20,000.00 23"x14" Reinforced Concrete Pipe End Sect (CIP) ‐ EA 8 $1,000.00 $8,000.00 $0.00 $0 $0 $0 $0 $8,000.00 Fence Wood Privacy (Spec) ‐ LF 320 $55.00 $17,600.00 $0 $0 $0 $0 $17,600.00 Fence ‐ smooth wire w/ metal posts ‐ EA 520 $3.00 $1,560.00 $0 $0 $0 $0 $1,560.00 End Post ‐ EA 5 $225.00 $1,125.00 $0 $0 $0 $0 $1,125.00 Corner & Line Brace Post 5 $275.00 $1,375.00 $0 $0 $0 $0 $1,375.00 PROJECT EXPENSES/CONTRIBUTIONS Page 336 Item 15. Bollard (6") (Removable) ‐ EA 6 $1,000.00 $6,000.00 $0.00 $0 $0 $0 $0 $6,000.00 Detectable Warning Pavers ‐ EA 36 $60.00 $2,160.00 $0.00 $0 $0 $0 $0 $2,160.00 Concrete Trail ‐ 6" Fibermesh ‐ LF 4915 $45.00 $221,175.00 $0.00 $0 $0 $0 $0 $221,175.00 Pedestrian crossing at County Rd 32E ‐ Hybrid Beacon 1 $110,000.00 $7,011.00 $102,989.00 $0 $0 $0 $0 $110,000.00 Signs ‐ EA 5 $125.00 $625.00 $0 $0 $0 $0 $625.00 Sanitary Facility ‐ EA 1 $1,000.00 $1,000.00 $0 $0 $0 $0 $1,000.00 Mobilization ‐ EA 1 $40,000.00 $40,000.00 $0 $0 $0 $0 $40,000.00 Bridge Grdr & Deck (40‐45 ft) ‐ Each 1 $150,000.00 $150,000.00 $0.00 $0 $0 $0 $0 $150,000.00 Const.Traffic Control 1 $5,000.00 $5,000.00 $0 $0 $0 $0 $5,000.00 Flagging ‐ HR 40 $27.00 $1,080.00 $0 $0 $0 $0 $1,080.00 Construction Staking and Surveying 1 $10,000.00 $10,000.00 $0 $0 $0 $0 $10,000.00 Geotech Boring / Testing (500' O.C.) ‐ EA 6 $300.00 $1,800.00 $0 $0 $0 $0 $1,800.00 Traffic Control Management 5 $550.00 $2,750.00 $0 $0 $0 $0 $2,750.00 Contigency (10%)1 $70,935.00 $70,935.00 $0 $0 $0 $0 $70,935.00 Segment F ‐ Total $780,285.00 Town of Windsor ‐ Segment G Clearing and Grubbing ‐ CY 1108 $1.90 $2,105.20 $0 $0 $0 $0.00 $0 $2,105.20 Soil Cut to Fill ‐ CY 465 $4.00 $1,860.00 $0 $0 $0 $0.00 $0 $1,860.00 Soil Import ‐ CY 442 $12.00 $5,304.00 $0 $0 $0 $0.00 $0 $5,304.00 Fine Grade 10' Walk 6,652 $2.00 $13,304.00 $0 $0 $0 $0.00 $0 $13,304.00 Sub‐grade Preparation 6,652 $2.10 $13,969.20 $0 $0 $0 $0.00 $0 $13,969.20 Concrete Washout Pit ‐ EA 1 $1,500.00 $0 $0 $0 $1,500.00 $0 $1,500.00 Silt Fence ‐ LF 10,516 $2.00 $0 $0 $0 $17,420.00 $0 $17,420.00 10' Concrete Trail ‐ 6" fibermesh ‐ LF 5,987 $45.00 $269,415.00 $0 $0 $0 $0.00 $0 $269,415.00 4' Crusher fines trail (along concrete) ‐ LF 2660 $30.00 $10,373.00 $0 $0 $0 $69,427.00 $0 $79,800.00 Soft Trail Prep and Grading ‐ LF 2660 $6.75 $17,955.00 $0 $0 $0 $0.00 $0 $17,955.00 24" Reinforced Concrete Pipe Class III ‐ EA 177 $56.00 $9,912.00 $0 $0 $0 $0.00 $0 $9,912.00 24" Flared end section ‐ EA 8 $1,575.00 $12,600.00 $0 $0 $0 $0.00 $0 $12,600.00 42" Reinforced Concrete Pipe Class III ‐ EA 75 $115.00 $8,625.00 $0 $0 $0 $0.00 $0 $8,625.00 42" Flared End Section ‐ EA 1 $3,125.00 $3,125.00 $0 $0 $0 $0.00 $0 $3,125.00 60" Manhole ‐ EA 1 $6,875.00 $0 $0 $0 $6,875.00 $0 $6,875.00 Post and Dowel, 2 Rail ‐ LF 2,080 $12.00 $0 $0 $0 $24,960.00 $0 $24,960.00 Move and Reset Gates 1 $5,000.00 $0 $0 $0 $5,000.00 $0 $5,000.00 Mobilization 1 $28,400.00 $0 $0 $0 $28,400.00 $0 $28,400.00 Construction Staking and Surveying 1 $16,000.00 $0 $0 $0 $16,000.00 $0 $16,000.00 Parking Lot (Gravel) ‐ SF 1,149 $30.00 $34,470.00 $0 $0 $0 $0.00 $0 $34,470.00 Street Light ‐ EA 2 $8,000.00 $0 $0 $0 $16,000.00 $0 $16,000.00 Electrical 1 $5,000.00 $0 $0 $0 $5,000.00 $0 $5,000.00 Benches ‐ EA 2 $5,000.00 $0 $0 $0 $10,000.00 $0 $10,000.00 Striping 1 $500.00 $0 $0 $0 $500.00 $0 $500.00 Concrete Parking Blocks ‐ EA 16 $150.00 $0 $0 $0 $2,400.00 $0 $2,400.00 Signs ‐ EA 16 $125.00 $2,000.00 $0 $0 $0 $0.00 $0 $2,000.00 Trail counter 1 $5,200.00 $0 $0 $0 $5,200.00 $0 $5,200.00 Geotech Boring / Testing (500' O.C.) ‐ EA 5 $300.00 $0 $0 $0 $1,500.00 $0 $1,500.00 Landscape Restoration ‐ Native seed 58,134 $0.12 $0 $0 $0 $6,976.08 $0 $6,976.08 Ditch Realignment ‐ LF 1090 $40.00 $0 $0 $0 $43,600.00 $0 $43,600.00 Contingency (10%)1 $66,577.55 $0 $0 $0 $66,577.55 $0 $66,577.55 Segment G ‐ Total $732,353.03 C‐DOT Interstate 25 Underpass and Trail 1 $122,000.00 $0 $0 $0 $0 $122,000.00 $122,000.00 Cash Subtotal $2,000,000 $348,759.00 $808,802.66 $131,504.57 $327,335.63 $122,000.00 $3,738,402.26 In-Kind Expenses Units Cost Per Unit GOCO County Fort Collins Timnath Windsor CDOT Total Cash Friends of Larimer County Parks & Open Lands ‐ Best use $2,000.00 $2,000.00 In‐Kind Subtotal $2,000.00 $0.00 $0.00 $0.00 $122,000.00 $2,000.00 TOTAL PROJECT COST $2,000,000.40 $350,759.00 $808,802.66 $131,504.57 $327,335.63 $3,740,402.26 Requirement Actual Meets Requirement? Minimum Match $935,100.57 $1,740,401.86 Yes Minimum Cash Match $374,040.23 $1,738,401.86 Yes GOCO % of Total Costs 53.47% CALCULATION OF MATCH REQUIREMENTS Page 337 Item 15. #* ¹º»¼ nm nm nm nm XW $+ Æ_ Æ_ Æ_ Æ_ XW Æ_ nm nm CachelaPoudreRi ver Front Range Trail/Poudre River Regional TrailProject Area Context Map Poud re River Trail §¨¦25 RIVER BLUFFSOPEN SPACE KYGERRESERVOIR THREEBELL II THREEBELL I FOSSIL CREEK RESERVOIRNATURAL AREA RUNNING DEERNATURAL AREA ARAPAHO BENDNATURAL AREA EAGLEVIEWNATURALAREA BethkeElementary School CSUEnvironmentalLearningCenter HarmonyTransferCenter TimnathElementarySchool COLORADOYOUTHOUTDOORS Hwy 392 CR 392E ¯ 0 0.45 0.90.225 Miles Legend FRANK STATEWILDLIFE AREA GAP 2 GAP 1 GAP 3 FUTURE TIMNATHCOMMUNITY PARK EXISTING TIMNATHCOMMUNITY PARK GrandviewElementary School ¹º»¼Railroad crossing #*CDOT Underpass nm School $+Pedestrian Bridge XW Road crossing Æ_Trailhead Æ_Future Trailhead Conservation Easement Existing Trail Public Land, Open Space, or Park Proposed Trail Connection Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap,increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI,Esri China (Hong Kong), (c) OpenStreetMap contributors, and theGIS User CommunitySource: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity #* FUTUREFT. COLLINSCOMMUNITYPARK Complete in '23 Complete in '23 Completed in '20 Completed in '22 Final gap - complete by '25 Page 338 Item 15. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Rita Knoll, Chief Deputy City Clerk Sara Arfmann, Legal SUBJECT Resolution 2023-068 Directing an Intergovernmental Agreement with Larimer County and Certification of Ballot Questions for the Municipal Election to be Conducted by Larimer County in Conjunction with the November 7, 2023, Coordinated Election. EXECUTIVE SUMMARY The purpose of this Resolution is to authorize the City Manager to enter into an Intergovernmental Agreement (IGA) with Larimer County for the conduct of the November election, and to direct the City Clerk to certify ballot content to the County no later than September 8, 2023. Both of these actions are required by State statute. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION At the November 2022 General Election, voters approved a change to the timing of the City’s regular election to November in odd-numbered years. This will be the first regular election held in November. State statute requires that the City enter into an Intergovernmental Agreement (IGA) with the County regarding the conduct of the election. In addition, the City must certify ballot content by the statutory deadline of September 8, 2023. The City portion of the ballot will contain contests for the offices of Mayor, and Councilmembers in Districts 2, 4, and 6, in addition to at least one Charter amendment already submitted to the voters along with other possible Charter amendments considered this same date or before the statutory deadline. As this is a coordinated election with the County the Secretary of State’s Election Rules dictate the order that matters will appear on the ballot. Pursuant to state statute City issues and questions will appear after state and county measures on the ballot. The Secretary of State requires that City matters appear in the following order: (1) Referred measure to increase taxes; (2) Referred measures to retain excess revenues; (3) Referred measure to increase debt; (4) Other referred measures; Page 339 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 (5) Initiatives to increase taxes; (6) Initiatives to retain excess revenue; (7) Initiatives to increase debt; (8) Other citizen petitions. All ballot measures in each category will appear in the order that they are certified to the ballot after the protest period has ended, or if a protest was filed after the protest has been completed. CITY FINANCIAL IMPACTS The cost of the November election is unknown. Funds are budgeted for this election. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Resolution for Consideration Page 340 Item 16. -1- RESOLUTION 2023-068 OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND CERTIFICATION OF BALLOT QUESTIONS FOR THE MUNICIPAL ELECTION TO BE CONDUCTED BY LARIMER COUNTY IN CONJUNCTION WITH THE NOVEMBER 7, 2023, COORDINATED ELECTION WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, the City’s regular municipal election will be conducted on Tuesday, November 7, 2023, by Larimer County in conjunction with the coordinated election on the same date (“City Election”); and WHEREAS, on April 18, 2023, City Council adopted on second reading Ordinance No. 062, 2023, submitting a City Charter amendment to the voters at the City Election; and WHEREAS, additional discussion of potential Charter amendments that may be submitted to the voters at the City Election is scheduled for this date; and WHEREAS, in order for the coordinated election to proceed, the County requires execution of an intergovernmental agreement setting out the terms and conditions for the process, including the commitment to pay the costs of the election attributable to the City Election; and WHEREAS, in order for particular questions to be included in the ballot for the City Election, the City must certify the ballot content to the Larimer County Clerk and Recorder prior to the final deadline of September 8, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager is hereby authorized and directed to enter into an intergovernmental agreement with Larimer County for the City Election, pursuant to Section 1-7- 116(2) of the Colorado Revised Statutes. Section 2. That the City Clerk is hereby directed to certify the ballot content for the City Election, to be held in conjunction with the Larimer County coordinated election, to the Larimer County Clerk and Recorder no later than September 8, 2023, for any ballot titles set by the City Council prior to said date. Page 341 Item 16. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 342 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Davina Lau, Public Engagement Specialist Ryan Malarky, Legal SUBJECT Resolution 2023-069 Making an Appointment to the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY The purpose of this items is to appoint Michael Williams as the Fort Collins appointed Citizen Member to the Northern Colorado Regional Airport Commission. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On January 6, 2015, Council adopted Resolution 2015-002 adopting the Airport Strategic Plan, and Resolution 2015-003 authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement (IGA) between the cities of Fort Collins and Loveland as the owners of the Fort Collins-Loveland Municipal Airport. As part of the IGA, a seven-member Commission was created. The Commission includes one Citizen Member appointed by the City of Fort Collins. Thomas Fleming was previously appointed as the Citizen Member by Council’s adoption of Resolution 2019-083 on July 16, 2019, for a term that expired on June 30, 2022. Due to confusion about the length of his term, Mr. Fleming remained on the Commission as the Citizen Member beyond the expiration of his term. During that time, Mr. Fleming has faithfully discharged the duties of his role under the apparent authorization of Council. This Resolution recognizes as much and ratifies Mr. Fleming’s continued service on the Commission on behalf of the City. This Resolution appoints Michael Williams as the Citizen Member who will serve a three-year term commencing on July 19, 2023, and extending through its expiration on June 30, 2026. While the Second Amendment to the IGA states that Citizen Members shall serve four-year terms, this shortened term is necessary to maintain the staggered terms of the cities’ Citizen Members and the Joint Appointed Citizen Member. Staggered terms were a specific purpose of the Second Amendment Page 343 Item 17. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH Advertisement on the Boards and Commissions’ website, as well as on social media, seeking applicants. ATTACHMENTS 1. Resolution for Consideration 2. Application Page 344 Item 17. -1- RESOLUTION 2023-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION WHEREAS, on January 6, 2015, City Council adopted Resolution 2015-002 adopting the Fort Collins-Loveland Airport Strategic Plan; and WHEREAS, on the same date, City Council adopted Resolution 2015-003, authorizing the Mayor to execute an Amended and Restated Intergovernmental Agreement (the “IGA”) between the Cities of Fort Collins and Loveland (the “Cities”) as the owners of the Fort Collins -Loveland Municipal Airport (the “Airport”); and WHEREAS, the IGA directed the Cities to establish an airport governance structure in the nature of a commission to be called the “Northern Colorado Regional Airport Commission” (the “Commission”) and re-named the Airport as the Northern Colorado Regional Airport; and WHEREAS, the IGA provides that the Commission shall be comprised of seven members as follows: (a) two members appointed by the Loveland City Council, who shall be City of Loveland council members or employees; (b) two members appointed by the Fort Collins City Council, who shall be City of Fort Collins Council members or employees; (c) one Citizen Member appointed by the Loveland City Council; (d) one Citizen Member appointed by the Fort Collins City Council, and (e) one Joint Citizen member appointed by both City Councils upon mutual agreement; and WHEREAS, on June 4, 2019, City Council adopted on second reading Ordinance No. 071, 2019, approving the Second Amendment to the IGA, which modified the terms of the Citizen Members and Joint Appointed Citizen Member so that their terms are staggered and do not all expire on the same date, and providing that the Fort Collins appointed Citizen Member shall serve an initial term of three years commencing July 1, 2019, with each of the following terms to be four years; and WHEREAS, on July 16, 2019, Council adopted Resolution 2019-083 appointing Thomas Fleming as the Fort Collins appointed Citizen Member to the Commission for a three-year term commencing on July 1, 2019, and ending on June 30, 2022; and WHEREAS, due to confusion about the length of his term, Mr. Fleming continues to serve as the Fort Collins appointed Citizen Member to the Commission despite the expiration of his term on June 30, 2022; and WHEREAS, City Council recognizes that Mr. Fleming has been faithfully discharging his duties on the Commission under the apparent authorization of City Council, and City Council desires to ratify Mr. Fleming’s service on the Commission and actions taken through the date of his replacement assuming office; and WHEREAS, in order to maintain the staggered terms established by the Second Amendment to the IGA, the City Council is setting the term for Mr. Fleming’s replacement at less than four years so that the term ends on date that maintains said staggered terms; and Page 345 Item 17. -2- WHEREAS, the Airport Selection Committee, which was appointed by City Council , has recommended that Michael Williams be appointed as the Citizen Member appointed by the City of Fort Collins for a term of three years consistent with the staggered terms requirement in the Second Amendment to the Airport IGA. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby ratifies all official actions taken by Thomas Fleming during his tenure as the Citizen Member of the Northern Colorado Regional Airport Commission from the commencement of his term on July 1, 2019, through July 18, 2023. Section 3. That Michael Williams is hereby appointed to serve as the Citizen member of the Northern Colorado Regional Airport Commission for a three-year term commencing on July 19, 2023, and ending on June 30, 2026. Passed and adopted at a regular meeting of the Council of the Cit y of Fort Collins this 18th day of July, 2023. Mayor ATTEST: Deputy City Clerk Page 346 Item 17. Page 347 Item 17. Page 348 Item 17. Page 349 Item 17. 2 Strike Operations Officer Carrier Strike Group Six Oct 2003 - May 2005 Naval Station Mayport, FL • Provided strategic analysis and tactical expertise to Strike Group Commander. Liaison to several countries to orchestrate several large multi-national training exercises. Test Pilot and Project Officer VX-31 Jan 2002 – Sep 2003 China Lake Naval Air Weapons Station, CA • Responsible for development and test of the 17C/18E+ software load for the FA-18, coordinating efforts of nearly 200 personnel. Fielded first operational capabilities of MIDS (Link-16) and DCS (VMF), as well as integration of JHMCS and AIM-9X. Flight test included APG-65/73, ATFLIR, EW systems, weapons integration including JDAM, HARM, GBU-24, SLAM-ER, and AIM-9X envelope expansion. In addition worked on development and evaluation of JMPS and F/A-18 TOFT simulators. Student Test Pilot United States Naval Test Pilot School Jan 2001 – Dec 2001 Naval Air Station Patuxent River, MD • Planned, flew, reduced data and prepared complex technical reports for 26 test profiles in 16 different aircraft. Final thesis flown in the MIG-21. F/A – 18 Operational Pilot VFA-87 Feb 1998 – Dec 2000 Naval Air Station Oceana, FL • Qualifications: Division Lead and Instructor, Natops and Instrument Evaluator, NVG Instructor, Functional Check Flight Pilot. Operations Allied Force (Kosovo) and Southern Watch (Iraq). Air Wing Mission Planning Systems Expert, significantly improved process of sensor predictions. Student Naval Aviator US Navy Sep 1994 – Jan 1998 Multiple Locations Education Massachusetts Institute of Technology 1990 - 1994 BS, Civil Engineering Naval Postgraduate School 2008 – 2010 Masters, Systems Analysis Licenses & certifications ATP and CFI-I Dec 2013 Federal Aviation Administration Page 350 Item 17. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Ginny Sawyer, Project and Policy Manager Carrie Daggett, City Attorney SUBJECT Items Relating to a City-Initiated Charter Amendment Relating to Referendum Requirements. EXECUTIVE SUMMARY A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 102, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Sections 2 and 5 of Article X of the City Charter Relating to Referendum and Petition Requirements. The purpose of this item is to set ballot language regarding proposed amendments to Sections 2 and 5 of Article X of the City Charter relating to referendum and petition requirements. Following work with the Election Code Committee and through a W ork Session on May 9, 2023, Council directed staff to bring forward a potential ballot option to amend the City Charter to reconcile contradictions in the referendum process. Any protest of the proposed ballot language must be received no later than Monday, July 1 7, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins Charter is the governing document that defines the City organization and the powers and functions of the City. The Charter can only be amended by a vote of the people and was first created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or desired to be changed to address needs, trends, or desires. The City typically has some number of Charter changes, both large and small, on municipal ballots. Council referred a measure addressing Council candidate qualifications on April 18, 2023 (Ordinance No. 062, 2023). Page 351 Item 18. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 The City Clerk has requested that Council consider amendments to the Charter that eliminate potentially confusing and contradictory language regarding the processing of referendum petitions and petition requirements generally. In addition, formatting changes are proposed to these Charter provisions to simplify and make more readable the various requirements for petitions. A) Current language includes some contradictory language between Sections 2 and 5 of Article X. Initiative and Referendum, regarding when an ordinance subject to a referendum is presented to the Council for reconsideration. The language in Section 5. Petitions, relates to both initiatives and referendums, and states a petition is presented to the Council only once it has been certified as sufficient by the City Clerk, after any amendments or protest proceedings. Section 2(e) Action by Council, indicates both that: the presentation to Council of a petition certified by the City Clerk as sufficient for referendum shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors, and the Council shall reconsider the ordinance at the next regular or special meeting of the Council following receipt of the petition by the City Clerk. That specific requirement in Section 2 for Council to reconsider the ordinance at its next meeting after receipt of the petition by the Clerk contradicts Section 5 in both: specifying different events for action on a referendum petition to reach Council, which in practice occur at different time points, and indicating in one place that the action can return to the next regular or special meeting while the other citation requires action to occur at the next regularly scheduled meeting. B) The last referendum process in December of 2022 also highlighted potential concerns around ordinances going into effect before being stayed. The timelines in the Charter for many steps of the referendum process mirror those found in State statute for the process as it applies to statutory municipalities or home rule municipalities without their own provisions. Because Fort Collins has also established its own shorter timeframe under Charter for when ordinances take effect upon adoption (10 days instead of 30 days), these timelines do not take into account that ordinances subject to a petition for referendum will go into effect before the referendum process can be completed. Proposed Actions: A) Cleaning up contradictions in Article X of the Charter between Sections 2 and 5 by removing the conflicting provision from Section 2, currently requiring the Council to reconsider the ordinance at the next regular or special meeting of the Council following the receipt of the petition by the City Clerk. B) Clarifying in Section 2 when an ordinance subject to a pending referendum petition is suspended from operation. The specific changes are outlined in Section 2 of the Ordinance. CITY FINANCIAL IMPACTS Not applicable. Page 352 Item 18. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Council Election Code Committee expressed support for moving these changes forward. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Ordinance for Consideration Page 353 Item 18. -1- ORDINANCE NO. 102, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO SECTIONS 2 AND 5 OF ARTICLE X OF THE CITY CHARTER RELATING TO REFERENDUM AND PETITION REQUIREMENTS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article X of the Charter governs the initiative and referendum processes for City elections; and WHEREAS, Section 2 and Section 5 of Article X provide inconsistent direction regarding the effects of certification of a referendum petition and the timing of the Council’s next required actions on the petition; and WHEREAS, in addition, inconsistencies in some references within these sections can raise questions about their meaning; and WHEREAS, these provisions of the City Charter currently appear as lengthy blocks of text that are difficult to read and follow, increasing potential confusion for those seeking to participate in and conduct the referendum process or petition process in general; and WHEREAS, the City’s regular municipal election will be conducted on Tuesday, November 7, 2023, by Larimer County as a part of the coordinated election to be conducted on the same date (“City Election”); and WHEREAS, Council desires to amend the Charter to correct, reconcile and clarify the referendum and petition process requirements, and to increase the readability of those provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 2 and Section 5 of Article X of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. __” at the regular municipal election to be held on Tuesday, November 7, 2023: Page 354 Item 18. -2- ARTICLE X. INITIATIVE AND REFERENDUM . . . Section 2. The referendum. (a) Power. The registered electors of the city shall have the power at their option to approve or reject at the polls, any ordinance, or portion of ordinance, adopted by the Council, except ordinances making the annual property tax levy, making the annual appropriation, calling a special election, or ordering improvements initiated by petition and to be paid for by special assessments. (b) Commencement of proceedings. (1) One (1) or more registered electors may commence referendum proceedings by filing with the City Clerk within ten (10) days after final passage of the ordinance in question, a notice of protest against the going into effect of the ordinance. The notice shall be brief and need not state any reasons, but shall identify the ordinance or part thereof, or code section it proposes to have repealed. (2) Not later than ten (10) days after the filing of the notice, the proponents shall present to the City Clerk the final form for the referendum petition conforming to the requirements of the Article. (3) If the notice and petition form are timely presented, the City Clerk shall approve the petition form for circulation, in accordance with Section 5(b) of this Article. (4) The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section 5 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election. (d) Petition deadlines. The referendum petition shall be filed within twenty (20) days after the City Clerk's approval of the petition for circulation. If a completed petition is not subsequently filed within the requisite time after the City Clerk's approval of the petition for circulation, the referendum effort is null and void and the petition shall not be circulated further. (e) Action by Council. (1) The presentation to CouncilCity Clerk’s certification of a petition certified by the City Clerk as sufficient for referendum shall automatically suspends the operation of the ordinance in question pending repeal by Council or final determination by the electors. (2) The Council shall reconsider the ordinance at the next regular meeting of the Council, or at an earlier prior special meeting of the Council called for this purpose, following the receipt of the certification of the petition by the City Clerk, and shall adopt an ordinance to repeal the ordinance in question, or part sought to be repealed, on first reading, with second reading no later than the next regular meeting. (3) If the ordinance, or that part sought to be repealed, is not repealed by final action on such repealing ordinance, the Council shallmust refer the same to a vote of the registered Page 355 Item 18. -3- electors at the next regular or special city election scheduled for any other purpose. Alternatively, the Council may call a special election for that specific purpose. . . . Section 5. Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be initiated or referred to the vote of the electors. (b) Form and content. (1) Approval of form for circulation. a. No petition shall be circulated until the City Clerk has approved the form for circulation. b. The City Clerk shall first determine that the petition form contains only the matters required by this Article. c. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form of petition which shall contain warnings and notices to signers as necessary. d. The City Clerk's approval under this Section shall not constitute an approval of the content of the petition, but rather, shall start the running of the time periods provided for circulation and filing of petitions. (2) Petition content. a. The petition shall be addressed to Council. ab. Initiative. TheAn initiative petition shall contain or have attached to each section throughout its circulation the full text of the proposed ordinance or resolution and shall contain a general statement of purpose fairly and accurately summarizing the proposed ordinance or resolution, indicating that the petition is to be circulated in support of the initiated ordinance or resolution and specifying whether a special election is requested. bc. Referendum. TheA referendum petition shall contain or have attached to each section throughout its circulation the full text of the ordinance sought to be referred, clearly identifying the protested portions if only a partial repeal is sought. In the case of bond ordinances, the full text of the ordinance need not be set forth but the petition shall contain or have attached to each section throughout its circulation the title and summary of the ordinance in question as prepared by the City Clerk. (3) Signatures. a. Only registered electors may sign the petitions authorized under this Article. b. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. c. No person shall knowingly sign an initiative or referendum petition more than once. Page 356 Item 18. -4- d. In the event that the signature of any person appears more than once on a petition authorized under this Article, the first signature verified shall be counted and all other signatures of that person shall be rejected. (c) Circulation of petition. (1) The petition may be circulated and signed in sections with each section consisting of one (1) or more sheets securely fastened at the top, provided that each section contains a full and accurate copy of the text of the petition and the names and addresses of the designated representatives for the petition. (2) All sections shall be filed as one (1) instrument. (3) Only persons eighteen (18) years of age or older may circulate the petition for signatures. (4) The circulation of any petition by any medium other than personally by a circulator is prohibited. No person shall receive any compensation whatever for signing an initiative or referendum petition. (d) Affidavit of circulator. (1) A circulator shall attach to each section of the petition circulated an affidavit signed by the circulator under oath before a notary public stating the following: (1i) the circulator's address of residence; (2ii) that the circulator is eighteen (18) years of age or older; (3iii) that he or she personally circulated the section; (4iv) that each signature was affixed in the circulator's presence; (5v) that to the best of the circulator's knowledge and belief each signer was at the time of signing a registered elector of the city; (6vi) that to the best of the circulator's knowledge and belief each signature is the genuine signature of the person whose name it purports to be; (7vii) that each signer had an opportunity before signing to read the full tex t of the petition; and (8viii) that the circulator has not paid or offered to pay any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix his or her signature to the petition. (2) A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence that the signatures thereon are genuine and true. (e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk within the requisite time limits or they will be deemed null and void. Each petition shall designate by name and address not less than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all matters affecting the petition. (f) Sufficiency of petition. Page 357 Item 18. -5- (1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. (2) Insufficient petition; amendment. (i) If an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be amended by the submission of additional signatures collected after the City Clerk approved the form of the petition and within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. (A) Such signatures must be collected consistent with the requirements for collecting petition signatures as described in this Article. (B) Within five (5) working days after such amendment, the City Clerk shall make examination of the amended petition and certify the result. (C) If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the petition shall be null and void without prejudice to the filing of a new petition for the same purpose. (ii) If a referendum petition is deemed insufficient, it may be amended by the submission of additional signatures collected consistent with the requirements of this Article, but to be considered, any additional signatures must be amended submitted within the twenty-day circulation period after the City Clerk's approval of the petition form for circulation. (A) Such signatures must be collected consistent with the requirements for collecting petition signatures as described in this Article. (B) Within five (5) days after such amendment, the City Clerk shall make like examination of the amended petition and certify the result. (C) If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, said referendum petition is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. (i) Registered electors desiring to protest a determination by the City Clerk that a petition is either sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. (ii) Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. Page 358 Item 18. -6- (iii) At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. (iv) All hearings shall be before a hearing officer appointed by the City Manager who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. (v) All records and hearings shall be public, and all testimony shall be under oath. (vi) The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. (vii) SaidThe hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded, and no further protest regarding the petition may be filed. (viii)The City Clerk shall make any final determination regarding the sufficiency or insufficiency of a petition and shall base such determination on the protest hearing results certified by the hearing officer. (ix) A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further and no further protest regarding the petition may be filed. (4) Certification and presentation to Council. When and if a petition or amended petition is deemed sufficient, whether following the sufficiency determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so certify and then present the certified petition to the Council at the next regularly scheduled meeting or special meeting called for this purpose. The City Clerk's certificate shall then be a final determination as to the sufficiency of the petition. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. __ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. __ Shall Section 2 and Section 5 of Article X of the Charter of the City of Fort Collins, regarding the referendum process and petition process, be amended to eliminate inconsistency in language and make clear that certification of a referendum petition as sufficient stays the impact of the referred ordinance, that Council may consider a referendum petition at a special meeting called for that purpose, and making other clarifying and organizing edits to make those provisions more readable and understandable? ______Yes/For ______No/Against Page 359 Item 18. -7- Introduced, considered favorably on first reading, and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 360 Item 18. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 18, 2023 AGENDA ITEM SUMMARY City Council STAFF Ginny Sawyer, Project and Policy Manager Carrie Daggett, City Attorney SUBJECT Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements. EXECUTIVE SUMMARY A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 103, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles II and IV of the City Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins. The purpose of this item is to set ballot language regarding the requirement that certain employees live in or near Fort Collins. Based on feedback from Councilmembers at the May 9, 2023, staff brings forward a potential ballot option to amend the City Charter to remove requirements that certain employment position types live in or near Fort Collins, allowing Council to establish any residency requirements by ordinance or by employment agreement for employees reporting directly to Council. Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. Any protest of the proposed ballot language must be received no later than Monday, July 1 7, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council’s “Read Before the Meeting” packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins Charter is the governing document that defines the City organization and the powers and functions of the City. The Charter can only be amended by a vote of the people and was first created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or desired to be changed to address needs, trends, or desires. The City typically has some number of Charter changes, both large and small, on municipal ballots. Page 361 Item 19. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 Residency Requirements The Charter currently contains residency requirements for certain positions. Based on position title these requirements include requirements for employees to reside in Fort Collins, within the Growth Management Area (GMA), or within 5 miles of the GMA boundary. The Ordinance language maintains the City Manager residency requirement in the Charter. Should the measure pass in November, staff will bring Code language that mirrors the Charter requirements for the other positions. CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Ordinance for Consideration Page 362 Item 19. -1- ORDINANCE NO. 103, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO ARTICLES II AND IV OF THE CITY CHARTER CONCERNING THE REQUIREMENT THAT CERTAIN EMPLOYEES LIVE IN OR NEAR FORT COLLINS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article IV, Section 3 of the Charter concerns a residency requirement that applies to directors of City service areas or groups of City service areas, deputy city managers, and assistant city managers and compels such employees to reside within the Fort Collins Urban Growth Area; and WHEREAS, Article IV, Section 3 of the Charter also concerns a residency requirement that applies to City department heads and compels department heads to live within five miles of the City limits as measured in a prescribed manner; WHEREAS, the City Council is of the opinion that more flexibility is warranted for the City’s workforce than the current residency requirements allow and that some high level City positions should be required to live within or in close proximity to the City; and WHEREAS, the proposed Charter amendments do not change and will maintain the City Manager’s obligation to reside in Fort Collins; and WHEREAS, the City Council is of the opinion that residency requirements that apply to City employees should be established by written agreement with an employee or in the Fort Collins Municipal Code, which would allow for the City Council to set the requirements by ordinance; and WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors the Charter amendment below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Page 363 Item 19. -2- Section 2. That the following proposed changes to Article II, Section 12, and Article IV, Section 3, of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment _” at the November Election: ARTICLE II. CITY COUNCIL . . . Section 12. City Clerk. With the approval of the Council, the City Manager shall appoint a City Clerk who shall act as Clerk of the Council and who while so employed shall be a resident of the Fort Collins Urban Growth Area. The City Clerk shall: (1) give notice of Council meetings; (2) keep a journal of Council proceedings; (3) authenticate by his or her signature and permanently record in full all ordinances and resolutions; and (4) perform other duties required by this Charter or by the City Manager. . . . ARTICLE IV GENERAL PROVISIONS . . . Section 3. – Residency requirement Directors of a city service area or a group of city service areas, deputy city managers, and assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure in office, but need not reside within the Fort Collins Urban Growth Area prior to their appointment. City department heads may live outside the Urban Growth Area during their tenure in office, but only if their places of residence are within five miles of the city limits, as measured by a straight line connecting the parcel of property upon which the residence is situated to the nearest boundary line of the city. City department heads appointed prior to March 6, 1985, shall not be subject to this residency requirement. The City Council may establish any residency requirement that applies to one or more specified City employment position types or by ordinance or by employment agreement for employees reporting directly to the City Council. . . . Section 3. That the following ballot title, with its title and submission clause, is hereby adopted for submitting Proposed Charter Amendment No. __ to the voters at the November Election: Page 364 Item 19. -3- CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ (Residency Requirements) Shall the Charter of the City of Fort Collins, specifically Article II, Section 12, and Article IV, Section 3, regarding residency requirements, be amended to remove specific requirements that specified City employment position types live in or near Fort Collins, which requirements currently may only be amended by the electorate, and allow the City Council to establish such requirements by ordinance or by employment agreement for employees reporting directly to the City Council? ______Yes/For ______No/Against Introduced, considered favorably on first reading and ordered published this 18th day of July, 2023, and to be presented for final passage on the 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 15th day of August, 2023. Mayor ATTEST: Chief Deputy City Clerk Page 365 Item 19.