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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/07/2024 Fort Collins City Council Agenda Regular Meeting 6:00 p.m., Tuesday, May 7, 2024 City Council Chambers at City Hall, 300 Laporte Avenue, 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 available through the Zoom platform, electronically or by phone. 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. Meeting agendas, minutes, an Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ There are in person and remote options for members of the public who would like to participate in Council meetings: Comment in real time: 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. 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: Email comments about any item on the agenda to cityleaders@fcgov.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 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 8 City Council Summary Agenda City Council Regular Meeting Agenda May 7, 2024 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 Melanie Potyondy, 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 Heather Walls City Attorney City Manager Interim City Clerk PROCLAMATIONS & PRESENTATIONS 5:00 PM A) PROCLAMATIONS AND PRESENTATIONS 1. Declaring May 7, 2024 as Pat Ferrier Appreciation Day. 2. Declaring the week of May 12 through 18, 2024 as National Police Week and May 15, 2024 as Peace Officers Memorial Day. 3. Declaring the week of May 19 through 25, 2024 as National Travel and Tourism Week. 4. Declaring the month of May 2024 as Mental Health Awareness Month. 5. Declaring the month of May 2024 as National Water Safety 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. Page 1 City of Fort Collins Page 2 of 8 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/ • 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 April 2, 2024 Regular Meeting. The purpose of this item is to approve the minutes of the April 2, 2024 regular meeting. Page 2 City of Fort Collins Page 3 of 8 2. Second Reading of Ordinance No. 053, 2024, Appropriating Prior Year Reserves in the Natural Areas Fund and the Sales and Use Tax Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities Not Included in the 2024 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on April 16, 2024, appropriates $7,924,969 in prior year reserves in the Natural Areas Fund and $269,466 in prior year reserves in the Sales and Use Tax fund to be transferred to the Natural Areas Fund. These appropriations are for land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat, and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Master Plan. 3. Second Reading of Ordinance No. 054, 2024, Appropriating Philanthropic Revenue Received by City Give for FC Moves to Fund an Asphalt Art Installation. This Ordinance, unanimously adopted on First Reading on April 16, 2024, requests an appropriation of $25,000 in philanthropic revenue received by City Give for FC Moves, a department within the City’s Planning Development and Transportation Service Area, for an asphalt art installation as designated by the grant award. This installation is consistent with the City’s Active Modes Plan. In 2019, the City of Fort Collins launched City Give, a formalized enterprise-wide initiative to create a transparent, non-partisan governance structure for accepting and appropriating charitable gifts. 4. Items Relating to the Adoption of a New Land Use Code. A. Second Reading of Ordinance No. 056, 2024, Updating City Code References to Align with the Adoption of the Revised Land Use Code. B. Second Reading of Ordinance No. 057, 2024, Amending the Zoning Map of the City of Fort Collins to Rename All Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old Town Zone District in Conjunction with the Adoption of the Revised Land Use Code. These ordinances, unanimously adopted on First Reading on April 16, 2024, consider adoption of changes to the City’s Land Use Code. The Land Use Code (LUC) Phase 1 Update implements policy direction in City Plan, the Housing Strategic Plan, and the Our Climate Future Plan. Regarding Ordinance No. 055, 2024, corrections to clean up inadvertent numbering in Article 4 are recommended, and a suggested motion to do so is on page 5. Additionally, this item updates City Code references to match changes to the Land Use Code including updating section references and wording. Finally, because the revised Land Use Code renames the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town zone district with corresponding subdistricts A, B, and C, updates to the zoning map to reflect the name changes are proposed. This change only affects the name of the zone districts and no changes to the boundaries are proposed. Ordinance No. 055, 2024, will be considered under discussion due to a split vote. Page 3 City of Fort Collins Page 4 of 8 5. First Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the 2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our Climate Future. The purpose of this item is to appropriate the 2024 funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales & Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate. This tax begins in 2024 and expires at the end of 2050. 6. First Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from the Local Planning Capacity Grant for the Affordable Housing and Planning Development Process Improvement Project and Approving a Related Grant Agreement. The purpose of this item is to appropriate awarded funds from the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State Department of Local Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month process improvement project intended to reduce development review timelines for affordable housing developments to meet Proposition 123’s 90-day “fast track” approval requirements. 7. First Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue Received Through City Give for Environmental Services Curbside Recycling. The purpose of this item is to appropriate an award of approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s Residential Contracted Trash and Recycling Program and to support recycling outreach and education for the community. 8. First Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and Unanticipated Philanthropic Revenue Received Through City Give for Various Programs and Services as Designated by the Donors. The purpose of this item is to request appropriation of $58,235 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. 9. First Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue Received Through City Give for the Art in Public Places Program, Pianos About Town Project. The purpose of this item is to consider an appropriation of $47,115 in philanthropic revenue received through City Give for the Art in Public Places program for the designated purpose of Pianos About Town, a collaborative effort among the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian Foundation. 10. First Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement Grant Program for the Fort Collins Police Services Marijuana Enforcement Program. The purpose of this item is to support Fort Collins Police Services’ Marijuana Enforcement Program in investigating gray and black-market marijuana cases by appropriating $39,641 of Page 4 City of Fort Collins Page 5 of 8 unanticipated grant revenue from the Colorado Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement. 11. Items Relating to the College Avenue-Trilby Road Intersection Improvements Project. A. Resolution 2024-064 Authorizing the Execution of an Amendment to an Existing Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the College Avenue-Trilby Road Intersection Improvements Project. B. First Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior Year Reserves and Grant Revenue from the Colorado Department of Transportation and Authorizing Transfers for the College Avenue-Trilby Road Intersection Improvements Project. The purpose of this item is to enable the City to receive and expend Colorado Department of Transportation (CDOT) funds for the College Avenue-Trilby Road Intersection Improvements Project (Project). The funds will be used for construction of improvements at the intersection of South College Avenue and Trilby Road. If approved, this item will: 1) authorize the Mayor to execute an amendment to the Intergovernmental Agreement (IGA) for the Project with CDOT; 2) appropriate $361,361 of Congestion Mitigation and Air Quality (CMAQ) Improvement Program grant funds for the Project; 3) appropriate $1,870,000 of Highway Improvement Program (HIP) grant funds; 4) appropriate $5,272,260 of Surface Transportation Block Grant (STBG) Program funds; 5) appropriate $2,000,000 of Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act grant funds; 6) use $14,800 from development contributions to construction as part of the local match; 7) appropriate as part of the local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF) Reserves; 8) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public Places Program; and 9) appropriate $48 (0.3% of the local match amount) for maintenance of art from Transportation Fund Reserves to the Art in Public Places Program. 12. Items Relating to Sewer Service for the Northern Colorado Regional Airport’s New Terminal. A. Resolution 2024-065 Authorizing Execution of an Intergovernmental Agreement Between the City of Fort Collins, the City of Loveland and the South Fort Collins Sanitation District for Purchase of a Sewer Tap for the New Terminal at the Northern Colorado Regional Airport. B. First Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent Non- Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport. The purpose of the Resolution is to authorize the City Manager to execute an intergovernmental agreement for the purchase of a sewer tap from South Fort Collins Sanitation District sewer for service at the Airport’s new terminal. The proposed Ordinance will authorize a conveyance of an easement to the Sanitation District to allow for a sewer service line for the terminal. The easement is over a portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort Collins and the City of Loveland. 13. Resolution 2024-066 Authorizing the City Manager to Enter into an Agreement with Various Entities Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action Plan. The purpose of this item is to request approval for Fort Collins Utilities (“Utilities”) to enter into an agreement with the City of Greely and Water Supply and Storage Company (collectively “Project Partners”) to jointly develop a Wildfire Ready Action Plan (“WRAP”). The Cache la Poudre Page 5 City of Fort Collins Page 6 of 8 (“Poudre”) River watershed is a shared resource for municipal, agricultural, and recreational water users, with critical and separately owned water supply infrastructure located near Cameron pass. Staff from Utilities’ Watershed Program and Project Partners aim to address the vulnerability of this infrastructure and water supplies to post-wildfire impacts by developing a collaborative WRAP. The proposed agreement regarding the Poudre Water Supply Infrastructure WRAP outlines the terms for this collaboration. The Water Commission has formally recommended that Council authorize the City Manager to sign the agreement. 14. Resolution 2024-067 Adopting Findings of Fact in Support of the City Council’s Decision on Appeal to Uphold the Planning and Zoning Commission Approval of the Union Park Project Development Plan PDP230005. The purpose of this item is to make findings of fact and conclusions regarding Council’s decision at the April 16, 2024, Union Park Project Development Plan appeal hearing that the Planning and Zoning Commission held a fair hearing and properly interpreted the Land Use Code and Larimer County Urban Area Street Standards and upholding the Planning and Zoning Commissions’ approval of the Union Park Project Development Plan. 15. Resolution 2024-068 Making an Appointment to the Planning and Zoning Commission. The purpose of this item is to fill a vacancy on the Planning and Zoning Commission. In March 2024, Planning and Zoning Commission member Samantha Stegner resigned. Pursuant to Council policy, the recommended appointee, Shirley Peel, has completed or will complete the required acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern service on City boards and commissions. 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 Page 6 City of Fort Collins Page 7 of 8 • 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. 16. Second Reading of Ordinance No. 055, 2024, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt a Revised Land Use Code by Reference that Advances Adopted City Policy Goals and Incorporates Foundational Improvements and Separately Codify the 1997 Land Use Code as Transitional Land Use Regulations. This ordinance, adopted on First Reading on April 16, 2024, by a vote of 6-1 (Nays: Councilmember Gutowsky) considers adoption of changes to the City’s Land Use Code. The Land Use Code (LUC) Phase 1 Update implements policy direction in City Plan, the Housing Strategic Plan, and the Our Climate Future Plan. Regarding Ordinance No. 055, 2024, corrections to clean up inadvertent numbering in Article 4 are recommended, and a suggested motion to do so is on page 5. Second Reading of Ordinance No. 055, 2024, is considered under discussion due to a split vote at First Reading. Second Readings of Ordinance Nos. 056 and 057, 2024, are being considered with the consent calendar. 17. Mason Street Infrastructure Overall Development Plan Appeal. The purpose of this quasi-judicial item is to consider an appeal of the Planning and Zoning Commission’s decision on February 15, 2024, approving the Mason Street Infrastructure Overall Development Plan (ODP) #ODP230001. The ODP was approved on a vote of 5-0 (Stegner did not participate due to a conflict of interest). The Appellant, Charles Meserlian, filed a Notice of Appeal on February 27, 2024, alleging: ● That the Planning and Zoning Commission (P&Z) failed to conduct a fair hearing in that they considered evidence relevant to their findings which was substantially false or grossly misleading. The Appellants assert that: “During the staff presentation for the Mason Street Infrastructure Overall Development Plan (ODP), it was stated that there is plenty of space for the ultimate regional detention pond. It is believed that this is grossly misleading since there is no evidence or analysis provided to reference that the ultimate regional [detention] pond is feasible with the proposed ODP improvements.” ● That the Planning and Zoning Commission (P&Z) failed to properly interpret and apply relevant provisions of the Land Use Code and City Code – specifically Land Use Code subsection 3.3.2(D)(5) regarding requirements for a building permit to be issued, specifically stormwater drainage facilities and appurtenances as required by Section 26-544 of the City Code. The appeal also lists City Code Section 26-543(a)(4) regarding adoption of the Dry Creek Basin Master Drainage Plan by reference. Page 7 City of Fort Collins Page 8 of 8 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. 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 8 PROCLAMATION WHEREAS, Pat Ferrier has covered business and development in Fort Collins as a reporter for the Fort Collins Coloradoan for 23 years; and WHEREAS, Pat has helped community members stay informed through the changing landscape in Fort Collins through her reporting; and WHEREAS, Pat has spent countless hours deciphering fees, codes, the development review process, taxes, the economy, and community values and contradictions; and WHEREAS, Pat has helped the residents of Fort Collins know their community and answered the curiosities of “What is that going to be?” and “When will that open?;” and WHEREAS, throughout these many years, Pat has reminded us of where we have been and where we are going (think Foothills Mall journey!); and WHEREAS, Pat shared genuine interest and an ability to simplify the complexities; and WHEREAS, she has now retired. NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby declare May 7, 2024, as PAT FERRIER APPRECIATION DAY I commend your exceptional service to the city and wish you all the best in your retirement. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, 2024. ___________________________________ Mayor Pro Tem ATTEST: ___________________________________ Interim City Clerk Page 9 Item 1. PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls, as National Police week. Established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and WHEREAS, the members of the law enforcement agency of the City of Fort Collins play an essential role in safeguarding the rights and freedoms of the citizens of our community; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their police department, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, Fort Collins Police Services has grown to be a progressive and professional law enforcement agency which unceasingly provides a vital public service; and WHEREAS, the citizens of Fort Collins are urged to join in commemorating law enforcement officers, past and present, who by their faithful and loyal devotion to their communities have established for themselves the enduring reputation of preserving the rights and security of all citizens. NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim May 12 through 18, 2024, as NATIONAL POLICE WEEK and further call upon all citizens of the City of Fort Collins to observe May 15, 2024, as National Peace Officers Memorial Day to honor those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, 2024. ___________________________________ Mayor Pro Tem ATTEST: ___________________________________ Interim City Clerk Page 10 Item 2. PROCLAMATION WHEREAS, Fort Collins is a place where partners such as Visit Fort Collins offer tourism efforts that help local businesses thrive and bring visitors to safely enjoy our beautiful community; and WHEREAS, National Travel and Tourism Week recognizes the hard work and Spirit of Tourism of many in our community who contribute to the long-term economic health and vitality of Fort Collins; and WHEREAS, the mission of Visit Fort Collins is to lead the region in safely attracting visitors for a diverse set of experiences, facilitating the highest quality visitor experience in order to enhance the area's economy and quality of life for residents; and WHEREAS, tourism attributes 4,197 jobs in Fort Collins, generated $10.0 million dollars in sales tax, and had an overall $346.3 million in economic impact based on a 2020 study; and WHEREAS, as a result, money is being spent in Fort Collins and stays in the community to provide basic City services. NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim May19 through 25, 2024, as NATIONAL TRAVEL AND TOURISM WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, 2024. ___________________________________ Mayor Pro Tem ATTEST: ___________________________________ Interim City Clerk Page 11 Item 3. PROCLAMATION WHEREAS, this measure recognizes May 2024 as Mental Health Awareness Month in the City of Fort Collins. We come together to raise awareness of mental health, promote resources and education, and advocate for mental health and well-being for everyone; and WHEREAS, 46 percent of Americans will meet the criteria for a diagnosable mental health condition sometime in their life, and half of those people will develop conditions by the age of 14; and WHEREAS, Colorado ranks 37th out of 51 states with a higher prevalence of mental health issues and lower rates of access to care for adults and youth; and WHEREAS, almost 60,000 Larimer County residents reported poor mental health in the past year and 47,000 residents did not access needed behavioral health care in the past year; and WHEREAS, 42 percent of Larimer County high school students felt sad or hopeless that they stopped participating in activities, 46 percent felt their stress level was not manageable, and 20 percent seriously considered suicide in the past year; and WHEREAS, barriers to behavioral health care in Larimer County are identified as the cost of care, timely access to providers in their community, stigma around seeking help, and lack of insurance coverage for services; and WHEREAS, access to necessary medication, appropriate treatment, care coordination, and responsive peer support helps prevent individuals from populating emergency rooms and jails which are often the default locations for someone with acute mental health and substance use needs; and WHEREAS, creating a community where everyone feels comfortable reaching out for the support they deserve is crucial to ending the stigma around mental health. NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of May 2024, as MENTAL HEALTH AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, 2024. ___________________________________ Mayor Pro Tem ATTEST: ___________________________________ Interim City Clerk Page 12 Item 4. PROCLAMATION WHEREAS, the month of May is celebrated as the National Water Safety Month to highlight water awareness and swim safety; this month serves as a crucial reminder of the paramount importance of water safety, as individuals of all ages engage in recreational activities in pools, rivers, and lakes in our community; and WHEREAS, the City of Fort Collins, is committed to the safety and well-being of our citizens, and we recognize the inherent risks associated with aquatic recreation; and WHEREAS, drowning remains a significant public health concern, with statistics revealing that it is a leading cause of unintentional injury death, particularly among children aged 1 -4 years old, and the American Red Cross states that approximately 200 young children drown in backyard swimming pools each year; and the National Safety Council states an average of 379 drownings occur annually in rivers and lakes across the United States; and WHEREAS, we recognize and support the mission of the American Red Cross to create and cultivate opportunities for participation and achievement in swimming. We are dedicated to reducing the incidents of drowning and preventing tragedy around the water; and WHEREAS, we thank the lifeguards, swim instructors and coaches who dedicate their time to create a safe environment for our athletes to reach their fullest potential. We thank our first responders who protect our community while we enjoy the natural outdoor aquatic environments in Fort Collins; and WHEREAS, we, the City of Fort Collins exemplifies dedication to water safety through its programs and initiatives, collaborating with organizations like the American Red Cross and community partners to raise awareness and educate the community about the importance of water safety during National Water Safety Month. NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of May 2024, as NATIONAL WATER SAFETY MONTH We urge all citizens to prioritize water safety, take advantage of available resources and training opportunities, and work together to create a culture of safety in and around water. By fostering awareness, education, and collaboration, we can prevent drownings, save lives, and ensure that everyone can enjoy the benefits of water recreation safely. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, 2024. ___________________________________ Mayor Pro Tem ATTEST: ___________________________________ Interim City Clerk Page 13 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 1 of 1 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Heather Walls, Interim City Clerk SUBJECT Consideration and Approval of the Minutes of the April 2, 2024 Regular Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the April 2, 2024 regular meeting. STAFF RECOMMENDATION Staff recommends approval of the minutes. ATTACHMENTS 1. Draft Minutes, April 2, 2024 Page 14 Item 1. City of Fort Collins Page 371 City Council Proceedings April 2, 2024 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 AND PRESENTATIONS PP 1. Declaring April 2 through 8, 2024 as International Dark Sky Week. PP 2. Declaring April 2024 as Autism Acceptance Month. PP 3. Declaring April 2024 as Fair Housing Month. PP 4. Declaring April 2024 as Sexual Assault Awareness Month. 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 Melanie Potyondy Councilmember Kelly Ohlson STAFF PRESENT City Manager Kelly DiMartino City Attorney Carrie Daggett Assistant City Clerk Amani Chamberlin Page 15 Item 1. City of Fort Collins Page 372 City Council Proceedings E) CITY MANAGER'S AGENDA REVIEW City Manager Kelly DiMartino provided an overview of the agenda, including:  All items on the consent agenda were recommended for approval with no changes.  Item No. 12, First Reading of Ordinance No. 049, 2024, Reappropriating Funds Previously Appropriated in 2023 But Not Expended and Not Encumbered in 2023, was unanimously recommended for approval by the Council Finance Committee.  The items on the discussion agenda were reviewed. F) COMMUNITY REPORTS None. G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS Andi Hart noted this Council, less Councilmember Potyondy, passed a ceasefire resolution related to the Ukraine invasion and detailed the number of casualties of civilians and children in that war versus the Israel/Gaza war, the latter of which is much greater. Hart stated it seems Council will not consider a ceasefire resolution for the Israel/Gaza war because it does not deem Palestinians, including children, worthy of life in the same way it did for the Ukrainians. Michele Gliszinski expressed concern about the language used by the leaders of the NoCo Liberation Coalition at the last Council meeting. Keith Richardson expressed concern about the proposed Poudre School District’s planned school consolidations and closures stating they will impact neighborhood walkability, livability, and safety. Richardson stated these closures would ignore the already overburdened transportation department and increase air pollution. Richardson requested Council be proactive in engaging the School District. Nate Berg expressed frustration with Council’s refusal to consider a Gaza ceasefire resolution and read from the Council adopted ceasefire resolution related to Ukraine. Tory Pappas expressed concern about the proposed closure of neighborhood elementary schools stating it goes against the City’s values, particularly the commitment to active transportation as seen in programs such as Safe Routes to School. Kate Bedford expressed concern about proposed school closures stating key goals from an urban planning perspective are being overlooked. Bedford also expressed concern about the closure of Beattie Elementary School from an equity perspective. Bedford encouraged the City and School District to work together to arrive at a thoughtful solution for the good of Fort Collins. Paul Herman, Water Commission member speaking on his own behalf, opposed the NoCo Liberation Organization and condemned its mob-like behavior and anti-Semitic rhetoric. Alan Braslau expressed support for Safe Routes to School and spoke on behalf of the Energy Board regarding Platte River Power Authority’s plans to construct a new natural gas plant. Braslau stated the Board finds those plans to be counterproductive to the climate sustainability goals put forward by Our Climate Future. Additionally, Braslau stated the City’s climate action goals, and 100% renewable electricity goal, were never aspirational in nature. Page 16 Item 1. City of Fort Collins Page 373 City Council Proceedings Stephen Tenbrink, Energy Board member, stated there are concerns that Platte River Power Authority has not used an open request for proposals to get wider input for other approaches to solving the dark calm issue that arises when renewable sources are not able to produce power. Maxfield Martinez expressed support for neighborhood schools and safe routes. Additionally, Martinez expressed support for Council considering a Gaza ceasefire resolution. Makeeba Helms opposed the closure of Beattie Elementary School stating it would be detrimental to some of the city’s most at-risk students. Additionally, Helms stated the elimination of the co-teaching model used at Beattie would be harmful to the future of teachers in Fort Collins. Laura Lenhart expressed support for a ceasefire resolution and requested the City stop supporting Woodward. Alex Scott requested Council consider a Gaza ceasefire resolution and commented on the atrocities our tax dollars have funded by providing support to Israel. August-Carter Nelson requested Council consider a Gaza ceasefire resolution. Isabella Zapata discussed the situation in Gaza and requested Council consider a ceasefire resolution. Jason Knebel commented on the war in Ukraine and expressed concern Israeli funding is now being tied to Ukrainian funding. Adam Hirschhorn commended Redtail Ponds and those who help out there and discussed the Palestinian perspective. Shirley Peel discussed concerns with the development review process and commented on two small businesses who are attempting to relocate and are hung up in the City process. Peel expressed support for an examination of the development review process to ensure it is efficient and does not place further burden on small businesses. Kimberly Conner discussed the World Central Kitchen convoy members who were murdered by Israeli missiles in Gaza and commented on the number of Palestinians who have died in the conflict. Elizabeth Hudetz stated the electric transition is occurring now; however, its dynamics are not being recognized by the infrastructure investments being made by some utilities. M.L. Johnson, Ph.D., Ed. D., expressed concern about the impacts of the proposed school consolidation, including increased risk for students walking to school and increased bus and car traffic and associated increased pollution. Johnson requested Council to examine the consolidation proposals and consider the impacts to the city. Lief Youngs requested Council consider a ceasefire resolution. Cheryl Trine requested Council consider a ceasefire resolution. Public Comment ended at 6:59 p.m. Page 17 Item 1. City of Fort Collins Page 374 City Council Proceedings H) PUBLIC COMMENT FOLLOW-UP Mayor Pro Tem Francis concurred the City has an interest in the Poudre School District consolidation issue and asked if there are any updates. City Manager DiMartino stated there are no specific updates, though it was a topic at the last liaison meeting and will be discussed at the next meeting. Mayor Pro Tem Francis suggested the City should have more involvement in the issue outside of the liaison committee and noted the Leadership Team discussed how to better involve the City. City Manager DiMartino noted the School District is working with an outside facilitator who is leading the engagement process and stated she would reach out to the District. Councilmember Ohlson concurred with Mayor Pro Tem Francis on the City being involved in the School District consolidation plans and noted the City was involved in a previous effort to close Beattie Elementary School. Additionally, Councilmember Ohlson stated it seems the gas plant issue has been rushed at Poudre River Power Authority (PRPA) and better climate emergency friendly solutions could likely be found. He noted he is in the minority on the ceasefire resolution issue on Council. Councilmember Potyondy thanked the speakers, particularly former Councilmember Peel who works hard to champion small businesses. She stated District 4, and to some extent District 5, are disproportionately impacted by some of the school consolidation plans, and those issues are related to City priorities and initiatives. She noted schools are part of the master plan of what makes a city great and stated the consolidation process needs to be robust. Councilmember Canonico requested staff input on former Councilmember Peel’s comments. Deputy City Manager Tyler Marr stated he would be happy to connect with any individuals who have had challenges with the development review process. He stated staff has been undergoing an intentional effort to examine how to make the development review process more efficient, particularly for small businesses. He noted the process is inherently complicated; however, staff is confident changes can be made without sacrificing standards that are critical to the community. Councilmember Canonico concurred it is important for the City to be involved in the Poudre School District consolidation issue. She stated there will be tough decisions that will impact families, but noted the decision team includes a former City Planner and the former City Climate Project Manager. Councilmember Pignataro noted one of Council’s priorities is to pursue an integrated, intentional approach to economic health and stated some of what former Councilmember Peel discussed would fit under that priority. She also concurred on the City being more involved with the Poudre School District issue. Councilmember Pignataro noted the PRPA meetings are open and stated PRPA has been directed by its member entities to be 100 percent carbon neutral by 2030. Councilmember Gutowsky commented on previous plans to close Beattie, Lopez, and Riffenburgh Elementary Schools and stated she is hopeful that ongoing conversations will lead to a good outcome. Mayor Arndt stated there is no better investment in the community than in public schools. She also commented on the City’s efforts to densify neighborhoods and offer more housing types, noting much of the pushback on those efforts has come from the west side of town where schools are planned to be closed. Additionally, she noted the Black Hollow solar project manager estimated it will be four and a half years until the transmission device needed will be available. She stated the natural gas plant mentioned has requested a permit for possibly being built if technology does not catch up. Councilmember Ohlson stated the state should have stayed out of local control when it adopted regulations related to eliminating ordinances such as U+2. He stated the reason Beattie Elementary Page 18 Item 1. City of Fort Collins Page 375 City Council Proceedings School was previously set for closure was because anyone who could afford to move out of the area did so because of overoccupancy of buildings and the negative impact it had on neighborhoods. I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION None. J) CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the February 27, 2024 Adjourned Meeting, March 5, 2024 Regular Meeting, and March 18, 2024 Special Meeting. The purpose of this item is to approve the minutes of the February 27, 2024 adjourned meeting, March 5, 2024 regular meeting, and March 18, 2024 special meeting. Approved. 2. Second Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte Avenue Multimodal Improvement Project and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to receive and expend Colorado Department of Transportation (CDOT) funds for the Laporte Avenue Multimodal Improvement Project (Laporte Project). The funds will be used for construction of improvements along Laporte Avenue from Fishback Avenue to Sunset Street. If approved this item: 1) appropriates $2,500,000 of Transportation Alternative grant funds for the Laporte Project; 2) uses $122,727 from the Bicycle Infrastructure Improvements Community Capital Improvement Program (CCIP Bike Program) as part of the local match; 3) uses $102,273 from the Pedestrian Infrastructure Improvements Community Capital Improvement Program (CCIP Pedestrian Program) as part of the local match; 4) appropriates as part of the local match contribution $223,425 from the Transportation Capital Expansion Fee Reserves (TCEF); 5) appropriates as part of the local match contribution $222,750 from General Fund Reserves; 6) appropriates $1,755 (0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP) from TCEF Reserves to the Art in Public Places Program; 7) appropriates $495 (0.22% of the TCEF amount of the 1% contribution to APP) from the Transportation Fund Reserves to the Art in Public Places Program; and 8) appropriates $2,250 (1% of the General Fund amount) from the General Fund to the Art in Public Places Program. Adopted on Second Reading. 3. Second Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the General Fund of Grant Funds from the Colorado Department of Public Health and Environment and Appropriating Prior Year Reserves in the Water Fund to Support Transitioning City Fossil Fuel Vehicles to Clean Energy Vehicles. This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the City of Fort Collins (City) in transitioning fossil fuel vehicles to clean energy vehicles as a measure of reducing greenhouse gas emissions to achieve maximum air quality benefits for the people of Fort Collins and Colorado. The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT) grant program in support of the City purchasing clean energy vehicles that align with vehicles Page 19 Item 1. City of Fort Collins Page 376 City Council Proceedings approved through the State’s CFVT grant program. The awarded funds will support purchase of approved vehicles, with the City contributing the remaining needed funds. Based on needs of City departments, Operation Services and departments within City Utilities will be funding the additional funds needed for purchase of approved vehicles. Approval of this item will support the City in transitioning fossil fuel fleet vehicles to clean energy by: ● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant program; and ● Appropriating $96,504 from Water Fund reserves. Adopted on Second Reading. 4. Second Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the Capital Projects Fund of Colorado Department of Transportation Alternative Program Grant Funds and the Congestion Mitigation and Air Quality Grant Funds, for the Power Trail and Harmony Grade Separated Crossing Project. This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to receive and expend federal pass-thru funds for the Power Trail and Harmony Grade Separated Crossing Project (the Project). The funds will be used for construction of a pedestrian and bicycle underpass located approximately 500 feet west of the intersection of Harmony Road and Union Pacific Railroad. If approved this item will: ● Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds for the Project; and ● Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the Project. Previously appropriated funds will be used for local match requirements. Adopted on Second Reading. 5. Second Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. This Ordinance, unanimously adopted on First Reading on March 19, 2024, appropriates $560,178, of which $392,125 is proposed for Convention and Visitors Bureau, $140,044 is proposed for Cultural Development and Programming Activities (Fort Fund), and $28,009 is proposed for Tourism Programming (Fort Fund) all from unanticipated 2023 Lodging Tax revenue collections. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections. For 2023, total Lodging tax revenues collected came in $560,178 above projected collections. Adopted on Second Reading. Page 20 Item 1. City of Fort Collins Page 377 City Council Proceedings 6. Second Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received in the General Fund By City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit. This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests appropriation of $30,000 in philanthropic revenue received by City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit 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. 7. Second Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received By City Give for Fort Collins Police Services for the Safe Futures Initiative. This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests an appropriation of $80,000.00 in philanthropic revenue received by City Give for Fort Collins Police Services for the Safe Futures initiative. 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. 8. Second Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the General Fund of the Internet Crimes Against Children Grant in Support of Fort Collins Police Services Cyber Crimes Unit. This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the Fort Collins Police Services’ Cyber Crimes Unit by appropriating $6,585 of unanticipated grant revenue awarded by the Colorado Springs Police Department. Adopted on Second Reading. 9. Second Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire Lines. This Ordinance, unanimously adopted on First Reading on March 19, 2024, clarifies and makes consistent certain terminology in City Code. This item will remove “curb stop” from City Code, to be replaced by “control valve.” Replacement of this terminology removes any potential assumption that a water control valve on a service or fire line must have proximity to a street or sidewalk curb to define ownership of the valve and of the line extending from the valve. Adopted on Second Reading. 10. Second Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery Charges for Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for 2024 Through March 2027. This Ordinance, unanimously adopted on First Reading on March 19, 2024, obtains Council approval for the proposed formulas for calculating rental rates and delivery charges for Fort Collins Utilities’ (Utilities) raw water supplies for the next three years, including proposed rental Page 21 Item 1. City of Fort Collins Page 378 City Council Proceedings rates and delivery charges for fully consumable water. The rates and charges would be effective through March 2027. Setting the rates and charges via formula ensures Utilities can recoup the ownership and administrative costs for rented supplies and provides planning certainty for the agricultural rental community. Proposed formulas for most supply sources remain consistent with those from the previous rental rate and delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an increase in the rental rate and delivery charge for fully consumable water to be in line with market conditions for this type of water. In addition, staff is recommending the rental rate for Water Supply and Storage Company supplies to be 130% of assessment versus the prior rate of assessment plus a flat administration fee. These are the only changes to rental rates and delivery charge methods. Adopted on Second Reading. 11. Second Reading of Ordinance No. 048, 2024, Authorizing the Conveyance of a Permanent Non-Exclusive Domestic Waterline Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport for the New Airport Terminal Facility. This Ordinance, unanimously adopted on First Reading on March 19, 2024, authorizes the conveyance of an easement to the water district to allow for a water service line for the terminal. The easement is over a portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort Collins and the City of Loveland. Adopted on Second Reading. 12. First Reading of Ordinance No. 049, 2024, Reappropriating Funds Previously Appropriated in 2023 But Not Expended and Not Encumbered in 2023. The purpose of this item is to reappropriate monies in 2024 that were previously authorized by Council for expenditures in 2023 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2023 because: ● There was not sufficient time to complete bidding in 2023 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies; or ● The project for which the dollars were originally appropriated by Council could not be completed during 2023 and reappropriation of those dollars is necessary for completion of the project in 2024. Additionally, there may have been sufficient unspent dollars previously appropriated in 2023 to carry on programs, services, and facility improvements in 2024 for those specific purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2023 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund $2,498,249 Cultural Services Fund 55,000 Recreation Fund 251,064 Museum Fund 61,265 Transportation Service Fund 1,288,625 Page 22 Item 1. City of Fort Collins Page 379 City Council Proceedings Water Fund 52,500 Date & Communications Fund 390,600 Total $4,597,303 Adopted on First Reading. 13. First Reading of Ordinance No. 050, 2024, Approving the Conveyance of a Temporary Construction Easement for the Construction of Permanent Stormwater Improvements on City Property to DHIC-Enclave, LLC. The purpose of this item is to approve an Ordinance that would permit the conveyance of a Temporary Construction Easement (the “Easement”) on approximately 4.36 acres (189,996 sf) of City property known as the Redwood Detention Pond and the Redwood Channel (collectively, the “City Property”) to DHIC – Enclave, LLC (“Developer”), in exchange for the construction of permanent stormwater master plan improvements on the City Property. Adopted on First Reading. 14. First Reading of Ordinance No. 051, 2024, Approving the Conveyance of a Permanent Easement for Stormwater Drainage, a Temporary Construction Easement for the Construction of Stormwater Drainage Improvements, and a Temporary Construction Easement for the Construction of Sewer Facilities to PS-Poudre River, LLC. The purpose of this item is to approve an Ordinance that would permit the conveyance of one permanent drainage easement (the “Drainage Easement”), one temporary construction easement (the “Drainage TCE”) for the modification of current drainage facilities, and one temporary construction easement (the “Sewer TCE”) for the installation of public sewer facilities to PS- Poudre River, LLC (“PSPR”), on City Property located at 101 1st Street, which is the current location of Buckingham Park (“Buckingham Park”). Construction pursuant to the Drainage TCE will modify existing floodplain boundaries, and the Drainage Easement will allow PSPR to store additional stormwater on a portion of Buckingham Park. The Sewer TCE is for the installation of public sewer facilities required by the City so that PSPR may proceed with the development of the adjoining lands. The actual conveyance of the easements will be conditional upon PSPR, or its successors and assigns, obtaining City development approval of the contemplated work within the easements. Adopted on First Reading. 15. First Reading of Ordinance No. 052, 2024, Approving the Conveyance of One Permanent Easement and One Temporary Construction Easement for the Construction of a Portion of Phemister Trail on City Property to Colorado State University. The purpose of this item is to approve an Ordinance that would permit the conveyance of one (1) permanent easement (the “Trail Easement”) and one (1) temporary construction easement (the “TCE”) to Colorado State University (“CSU”), for the construction, operation, and maintenance of a public multi-modal trail (the “Phemister Trail”) on City Property located at 2145 Centre Street, which is the current location of The Gardens on Spring Creek (the “Gardens on Spring Creek”). Adopted on First Reading. Page 23 Item 1. City of Fort Collins Page 380 City Council Proceedings 16. Public Hearing and Resolution 2024-053 Approving the Programs that will Receive a Total of $400,000 in HOME Investment Partnership Act American Rescue Plan Act Funding (HOME-ARP) for Supportive Services. The purpose of this item is to approve the programs recommended for funding with the $400,000 in HOME Investment Partnership Act American Rescue Plan Act funding (HOME-ARP) designated for Supportive Services. Adopted. 17. Resolution 2024-054 Ratifying the Reappointment of Corey Radman and Joshua Fudge and the Appointment of Vicki Woods to the Poudre River Public Library District Board of Trustees. The purpose of this item is to fill vacancies on the Poudre River Public Library District Board of Trustees. Adopted. 18. Resolution 2024-055 Appointing Amanda Cossey, Troy Erickson, Casey Kittel, Danielle Lowry and Aryell Mattern to the Fort Collins Tourism Improvement District Board of Directors. The purpose of this item is to consider the appointments of Amanda Cossey, Troy Erickson, Casey Kittel, Danielle Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District (the “District”) Board of Directors. Amanda Cossey will serve a three-year term to fill a vacancy created by the resignation of another member. Troy Erickson will serve the remainder of a three- year term ending on September 1, 2024, due to early resignation. Casey Kittel will serve the remainder of the term ending January 17, 2026, vacated by a resignation. Danielle Lowry will serve a second term lasting three years starting as soon as appointed by Council. Aryell Mattern will serve a three-year term starting as soon as appointed by Council. Adopted. 19. Items Relating to Appointments to Various Boards and Commissions. A. Resolution 2024-056 Making Appointments to the Historic Preservation Commission. B. Resolution 2024-057 Making an Appointment to the Land Use Review Commission. C. Resolution 2024-058 Making Appointments to the Planning and Zoning Commission. The purpose of this item is to fill vacancies on various Boards and Commissions. In 2023, the Council adopted a Code of Conduct and updated Boards and Commissions Policy, along with other policies and procedures that apply to service on City boards and commissions. Each board and commission appointee is required to acknowledge and accept these requirements in order to take appointed office. Each Resolution provides that no person appointed may take office until they have completed the required acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern service on City of Fort Collins boards and commissions. All three Resolutions Adopted. Page 24 Item 1. City of Fort Collins Page 381 City Council Proceedings END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the recommended actions on items 1-19 on the Consent Calendar. The motion carried, 7-0. K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.) Councilmember Ohlson thanked staff for addressing his questions related to Item No. 10, Second Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery Charges for Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for 2024 Through March 2027. He also requested follow-up regarding Item No. 13, First Reading of Ordinance No. 050, 2024, Approving the Conveyance of a Temporary Construction Easement for the Construction of Permanent Stormwater Improvements on City Property to DHIC-Enclave, LLC, related to the City funding enhanced vegetation and the role of the developer in terms of vegetation and habitat. Councilmember Ohlson asked why the Parks and Recreation Board did not review Item No. 14, First Reading of Ordinance No. 051, 2024, Approving the Conveyance of a Permanent Easement for Stormwater Drainage, a Temporary Construction Easement for the Construction of Stormwater Drainage Improvements, and a Temporary Construction Easement for the Construction of Sewer Facilities to PS-Poudre River, LLC. Additionally, he requested additional information as to how many trees are being discussed and what restoring them means per Item No. 15, First Reading of Ordinance No. 052, 2024, Approving the Conveyance of One Permanent Easement and One Temporary Construction Easement for the Construction of a Portion of Phemister Trail on City Property to Colorado State University, and why no City Boards or Commissions reviewed the item. Mayor Arndt acknowledged those who were appointed to the Library District Board of Trustees, the Fort Collins Tourism District Board of Directors, Historic Preservation Commission, Land Use Review Commissions, and Planning and Zoning Commission. She noted Boards and Commissions applications were up 53 percent this year. L) STAFF REPORTS None. M) COUNCILMEMBER REPORTS Councilmember Potyondy announced a listening session Saturday at the Harmony Library. Councilmember Gutowsky reported on an intergenerational event at Compass Charter School and on attending the Natural Areas awards. She noted Councilmember Ohlson’s wife was given a special award for her work. Councilmember Canonico reported on the Bird Whistle Townhomes ribbon cutting event. Councilmember Gutowsky reported on a tour of ChildSafe and noted the organization has an upcoming fundraising event. Mayor Arndt reported on serving an Easter meal at the Rescue Mission. Page 25 Item 1. City of Fort Collins Page 382 City Council Proceedings N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION None. O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION 20. Second Reading of Ordinance No. 039, 2024, Amending the City Code to Provide Additional Procedural Options for the Conduct of City Council Meetings. This Ordinance, adopted on First Reading with amendments at the March 18, 2024, special meeting, by a vote of 6-1 (Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro, Canonico, and Potyondy; Nays: Councilmember Ohlson), updates Code provisions related to the conduct of Council meetings to allow Councilmembers to attend and vote remotely if a meeting has been relocated to a remote mode due to circumstances preventing a meeting from proceeding. Council amended the Ordinance at the time of adoption on First Reading to remove a provision allowing Council to limit public comment to agenda items only and to correct an obsolete pronoun reference. Resolution 2024-026 Adopting Amending Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions failed unanimously. PUBLIC COMMENT Jason Knebel stated this is another attempt to limit public participation. COUNCIL DISCUSSION Councilmember Ohlson noted he voted against this item on First Reading but stated this provision will likely be used rarely and will allow for Council to move a meeting in the event of an emergency. Mayor Arndt noted public input would also remain if the meeting were to be relocated to a virtual setting. Councilmember Gutowsky asked if there is a provision for individuals who may not have access to the internet. Assistant City Manager Venkatesh replied that is being examined administratively. City Attorney Daggett noted individuals would also be able to participate by phone. Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt Ordinance No. 039, 2024, on Second Reading. The motion carried, 7-0. 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.) Page 26 Item 1. City of Fort Collins Page 383 City Council Proceedings Q) ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:37 p.m. ______________________________ Mayor ATTEST: _______________________________ Interim City Clerk Page 27 Item 1. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Katie Donahue, Director, Natural Areas Department Barb Brock, Financial Analyst II, Natural Areas Department SUBJECT Second Reading of Ordinance No. 053, 2024, Appropriating Prior Year Reserves in the Natural Areas Fund and the Sales and Use Tax Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities Not Included in the 2024 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2024, appropriates $7,924,969 in prior year reserves in the Natural Areas Fund and $269,466 in prior year reserves in the Sales and Use Tax fund to be transferred to the Natural Areas Fund. These appropriations are for land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat, and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Master Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Funding for the Natural Areas Department (NAD) for purposes other than capital projects lapses each year if not spent. Unspent prior year funds and unanticipated revenues need to be appropriated into the following year’s budget before they can be used. The purpose of this item is to appropriate $7,924,969 in unspent funds and unanticipated revenues in the Natural areas Fund to fund land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Maser Plan. In addition, the sales and use tax revenue received in 2023 was higher than projected and existing appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for the one quarter cent Natural Areas tax in the amount of $269,466. Of the total appropriation $7,100,000 will be used for land conservation. With over $8.0 million in land acquisitions under negotiation, and an additional $20.0 million in properties identified as high priorities for conservation, there is reasonable likelihood that most of these funds specifically for land conservation will be spent in 2024. Page 28 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 The funds for NAD come from the following designated sources of revenue: the City - Open Space Yes! ¼ cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and miscellaneous anticipated and unanticipated revenues. All these funds are restricted to the purposes of the NAD, including unanticipated revenues, which consist generally of income from sales tax revenues, sale of easements and leases, and grants. The prior year reserve funds being appropriated in this Ordinance are more specifically described as: $7,470,859 Unspent 2023 Budgeted Funds – appropriated for same purpose. $ 454,110 Unanticipated Revenues & Unspent Funds – appropriated for new purposes. $ 269,466 Transfer from Sales and Use Tax Fund $8,194,435 Total Appropriation from 2023 Prior Year Reserves The anticipated use of these funds is as follows: Land Conservation - $7,100,000: $6,915,424 in unspent land conservation funds plus $184,576 in new funds for land conservation efforts per the Natural Areas Master Plan. Ecological Stewardship - $569,636: $39,636 to carryover the unspent donation from the West Vine neighborhood for the restoration of Kestrel Fields; $200,000 for demolition of structures, when needed, for new acquisitions, $170,000 for grassland health infrastructure (water and fence) needs, $80,000 for breeding bird data analysis and $80,000 in restoration seed purchases. Planning and Special Projects - $158,799: $140,000 in carryover for the Strategic Framework; this planning process kicked off in Q4 2023 and will continue throughout 2024. $18,799 in undistributed Enhancement Grant Funds from 2023 will be distributed as part of support for Nature in the City community-led habitat projects. Trails and Visitor Amenities (TVA) - $285,000 for a mini-excavator that will be utilized across the department for projects throughout the year and to replace the 2002 FL80 tandem axel truck. Rangers/Trails & Visitor Amenities - $30,000 for new camera additions to the system-wide cameras currently in use for parking lot management and crime abatement, replacing basic model wildlife cameras without transmission capabilities. Department Management - $51,000 for a consultant contract for leadership coaching and change management support as Natural Areas implements a department reorganization. CITY FINANCIAL IMPACTS The appropriation Ordinance increases 2024 appropriations in the City’s Natural Areas Fund by $8,194,435. The requested total appropriation of $8,194,435 in the Natural Areas Fund represents 2023 appropriations that were unspent and unencumbered at year-end in addition to 2023, unanticipated revenues and new appropriations from the Natural Areas Fund Balance. This ordinance also increases the total appropriations in the Sales and Use Tax Fund by $269, 466 to be transferred to the Natural Areas Fund. All these funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Land Conservation and Stewardship Board met on March 6, 2024. Page 29 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 2023 Reappropriations Excerpt Barb Brock, Financial Analyst II and Katie Donahue, Director, reminded the LCSB of the annual reappropriation process. As outlined in the memo to the LCSB, NAD staff will be requesting to appropriate $8,194,435 in unspent funds and unanticipated revenues in the Natural Areas Fund to fund land conservation, restoration of wildlife habitat, trails and visitor amenities, special projects and other NAD needs to benefit the residents of Fort Collins. Of the total appropriation, $7,100,000 will be used for land conservation. With over $8,000,000 currently under contract or in negotiation, and an additional $20,000,000 in properties identified as high priorities for conservation, there is a reasonable likelihood that most of these funds will be spent in 2024. Barb and Katie then provided a brief description of the remaining funds to be carried over to 2024 budget and the associated expenditures. Discussion Member Piesman asked for clarification on the Land Conservation expenditures for 2024. Katie and Barb explained, staff maintains an active priority list of potential acquisitions which currently totals approximately $20.0 million. It is unlikely that all properties on the priority list would be acquired in 2024. Member Elson made a motion that the Land Conservation and Stewardship Board recommends that City Council approve the proposed 2024 appropriation of prior year Natural Areas reserves. Member Piesman seconded the motion. The motion was unanimously approved 7-0. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 30 Item 2. -1- ORDINANCE NO. 053, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND AND THE SALES AND USE TAX FUND FOR THE PURPOSE OF LAND CONSERVATION, VISITOR AMENITIES, RESTORATION AND OTHER RELATED NATURAL AREAS STEWARDSHIP ACTIVITIES NOT INCLUDED IN THE 2024 ADOPTED CITY BUDGET A. The City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public . B. Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; public engagement and educational programs; and developing trails and interpretive features and other amenities for public use. C. The Natural Areas Department is funded primarily through the collection of City Open Space – Yes! sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund. D. 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. E. Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant. F. The City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $7,924,969, comprised of unspent and unencumbered appropriations from 2023. G. The City Manager has recommended this appropriation and determined that this appropriation is available and previously unappropriated from the Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas 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. Page 31 Item 2. -2- H. 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. I. The City Manager has recommended the transf er of $269,466 from the Sales and Use Tax Fund to the Natural Areas Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged. J. The appropriations described herein shall be used for land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat, and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Master Plan. K. The appropriations described herein benefits the public health, safety, and welfare of the residents of Fort Collins and serves the public purpose of providing funding for preserving natural areas, conserving viewsheds, and providing recreational opportunities to the public. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of SEVEN MILLION NINE HUNDRED TWENTY-FOUR THOUSAND NINE HUNDRED SIXTY-NINE DOLLARS ($7,924,969) to be expended in the Natural Areas Fund for land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat, and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Master Plan. Section 2. There is hereby appropriated from prior year reserves in the Sales and Use Tax Fund for transfer to the Natural Areas Fund the sum of TWO HUNDRED SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS ($269,466) and appropriated therein to be expended in the Natural Areas Fund for land conservation, resource management, planning, construction of trails and other visitor amenities, restoration of wildlife habitat, and other Natural Areas Department programs and activities to benefit the residents of the City, in accordance with the Natural Areas Master Plan. Page 32 Item 2. -3- Introduced, considered favorably on first reading on April 16, 2024, and approved on second reading for final passage on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 17, 2024 Approving Attorney: Sara Arfmann Page 33 Item 2. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Director SUBJECT Second Reading of Ordinance No. 054, 2024, Appropriating Philanthropic Revenue Received by City Give for FC Moves to Fund an Asphalt Art Installation. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2024, requests an appropriation of $25,000 in philanthropic revenue received by City Give for FC Moves, a department within the City’s Planning Development and Transportation Service Area, for an asphalt art installation as designated by the grant award. This installation is consistent with the City’s Active Modes Plan. In 2019, the City of Fort Collins launched City Give, a formalized enterprise-wide initiative to create a transparent, non-partisan governance structure for accepting and appropriating charitable gifts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Bloomberg Philanthropies awarded $25,000 to FC Moves, a department within the Planning, Development and Transportation Service Area, for an asphalt art installation as designated by the grant award. The installation of this improvement is consistent with the City’s Active Modes Plan. The award will fund an asphalt art installation at the intersection of Magnolia Street, Canyon Avenue, and Sherwood Street near the Lincoln Center. The proposed design intervention aims to improve comfort and safety for all road users by increasing compliance with posted speed limits, reducing near misses, and increasing bike and pedestrian mode share. Traffic paint and delineator posts will outline curb extensions or bulb-outs, which reduce pedestrian crossing distances, exposure to traffic, and turning speeds. The installation will be informed by robust community engagement and facilitated by Art in Public Places. The location is an integral component of a major bikeway, allowing for safe east/west travel and offering a unique opportunity for innovative traffic calming solutions. The 2022 Active Modes Plan recommends an intersection redesign and suggests asphalt art as a means of testing alternative intersection geometry. The proposed artistic intervention will offer low cost/quick build solutions for traffic calming, place making, and community building. Page 34 Item 3. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS Upon adoption, this Ordinance will appropriate $25,000 in philanthropic revenue for expenditure in the Transportation Services Fund for FC Moves. 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 the Transportation Services Fund and will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in the Transportation Services Fund during fiscal year 2024. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration Page 35 Item 3. -1- ORDINANCE NO. 054, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY CITY GIVE FOR FC MOVES TO FUND AN ASPHALT ART INSTALLATION A. The City recognizes the long and valuable tradition of community-led collaboration as a way to deliver practical solutions to community issues and to improve community livability, including active modes of transportation . B. The City received an award of $25,000 from Bloomberg Philanthropies to fund an asphalt art installation at the intersection of Magnolia Street, Canyon Avenue, and Sherwood Street near the Lincoln Center. C. The specific recipient of the award, FC Moves, is a department within the City’s Planning, Development, and Transportation Service Area that advances mob ility solutions to increase walking, bicycling, transit use, shared and environmentally sustainable modes of transportation. D. The art installation will improve comfort and safety at the intersection for all road users by, among other things, increasing compliance with posted speed limits, reducing near misses, and increasing bike and pedestrian mode sharing. E. This appropriation benefits the public health, safety, and welfare of the residents of Fort Collins and serves the public purpose of improving comfo rt and safety of all users of the Magnolia Street, Canyon Avenue, and Sherwood Street intersection. F. 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 from such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. G. 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 Transportation Services 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. H. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for federal, state or pr ivate 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 federal, state, or private grant or donation or the City’s expenditure of all funds received from such grant or donation. I. The City Council wishes to designate the appropriation herein as an appropriation that shall lapse at the end of the current fiscal year. Page 36 Item 3. -2- In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new philanthropic revenue in the Transportation Services Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be expended in the Transportation Services Fund for Active Modes Asphalt Art Installation. Section 2. The appropriation herein is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall lapse at the end of the fiscal year. Introduced, considered favorably on first reading on April 16, 2024, and approved on second reading for final passage on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 17, 2024 Approving Attorney: Ryan Malarky Page 37 Item 3. City Council Agenda Item Summary – City of Fort Collins Page 1 of 6 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Noah Beals, Development Review Manager Paul Sizemore, Director of CDNS Caryn Champine, Director of PDT SUBJECT Items Relating to the Adoption of a New Land Use Code. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 056, 2024, Updating City Code References to Align with the Adoption of the Revised Land Use Code. B. Second Reading of Ordinance No. 057, 2024, Amending the Zoning Map of the City of Fort Collins to Rename All Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old Town Zone District in Conjunction with the Adoption of the Revised Land Use Code. These ordinances, unanimously adopted on First Reading on April 16, 2024, consider adoption of changes to the City’s Land Use Code. The Land Use Code (LUC) Phase 1 Update implements policy direction in City Plan, the Housing Strategic Plan, and the Our Climate Future Plan. Regarding Ordinance No. 055, 2024, corrections to clean up inadvertent numbering in Article 4 are recommended, and a suggested motion to do so is on page 5. Additionally, this item updates City Code references to match changes to the Land Use Code including updating section references and wording. Finally, because the revised Land Use Code renames the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town zone district with corresponding subdistricts A, B, and C, updates to the zoning map to reflect the name changes are proposed. This change only affects the name of the zone districts and no changes to the boundaries are proposed. Ordinance No. 055, 2024, will be considered under discussion due to a split vote. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. Page 38 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 2 of 6 BACKGROUND / DISCUSSION Following the submission and certification of a petition sufficient for referendum, Council reconsidered Ordinance No. 136, 2023, at the Regular Meeting on December 19, 2023. Council adopted Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, by a vote of 3-2 , Repealing and Reenacting Section 29- 1 of the Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying the 1997 Land Use Code As “Transitional Land Use Regulations.” Council directed staff to explore next steps to allow for additional community engagement and refinement of housing -related Land Use Code (LUC) changes. Project Overview The LUC Phase 1 project began in summer 2021. From July 2021-October 2022, staff led a process to explore changes to the Land Use Code. This process included:  Community engagement  Policy analysis and synthesis  Development of guiding principles  Diagnostic report of the existing Land Use Code  Code drafting  Public review of the draft the Land Development Code Council adopted Ordinance No. 114, 2022, adopting the Land Development Code. In November and December 2022, a group of voters gathered enough signatures through the City’s referendum process to require that Council reconsider the Ordinance. On January 17, 2023, Council repealed Ordinance No. 114, 2022, and directed staff to conduct additional community engagement and further refine housing -related Land Use Code changes. Foundational Land Use Code Changes As mentioned above, some aspects of the existing 1997 Land Use Code make it difficult to use and understand, especially without graphic representations of form-based requirements and illogical organization of the Code sections. The changes outlined below attempt to correct some of the deficiencies in the existing Land Use Code, especially those related to organization, ease of use, clarification of terms and requirements, and expanded incentives for affordable housing. Changes staff recommends including within a new draft of the LUC include:  Reorganize content so the most used information is first in the Code  Reformat zone districts with consistent graphics, tables, and illustrations  Create a menu of building types and form standards to guide compatibility  Update use standards, rules of measurement, and definitions to align with new building types and standards  Expand and re-calibrate incentives for affordable housing  Regulate density through form standards and building types instead of dwelling units per acre Additional Context for Affordable Housing Incentives: Throughout the engagement process on housing- related Code changes, community members have highlighted affordable housing as an important priority for updates to the Land Use Code. Accordingly, foundational Land Use Code changes would seek to expand and re-calibrate incentives for affordable housing. In addition, allowing an Administrative Review type for projects with at least 10% deed-restricted affordable housing will likely be necessary to maintain Page 39 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 3 of 6 the City’s eligibility for funding through Proposition 123. This change to review types for affordable housing developments is also recommended for inclusion in foundational Land Use Code changes. The approach to foundational changes for affordable housing incentives would emphasize:  Removing Code barriers to building deed-restricted affordable housing  Providing market feasible incentives to encourage development of more deed-restricted units in a wider range of zone districts  Utilizing best practices to incentivize affordable housing development through land use regulation, including incentives for increased height, increased density, and reduced parking requirements Suggestions to require affordable housing in future developments have been heard through community engagement and discussed by Council. Such requirements may be contemplated in the future; however, the foundational Land Use Code changes outlined above must be in place to begin to build a system whereby policies requiring affordable housing can be contemplated and effectively designed. Revisions This Agenda Item Summary is intended to support Council dialogue by providing a summary of revisions included in the proposed version of the Land Use Code (LUC) included with this AIS. These revisions seek to respond to the feedback received from community members at the public forums and public comments received throughout the project. For each revision, information has been included about what is currently permitted under the existing Land Use Code. Council may also choose to make revisions that have not been outlined here. Residential, Low-Density (RL): The Residential, Low Density (RL) Zone District is the largest residential zone district in Fort Collins. Most neighborhoods within the RL zone district are comprised primarily of single-unit, detached homes. Over 50% of existing housing was built between 1960 and 1997. Currently allowed under the existing Land Use Code in RL:  Housing Types: Single-unit detached house  Max Density: 1 dwelling unit per lot  Lot Size: 6,000 sq feet minimum AND 3 times the total floor area, whichever is greater Page 40 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 4 of 6  Maximum Height: 28 feet for residential buildings Revision for RL: 1. Remove Accessory Dwelling Unit (ADU) as a permitted housing type (this revision would also decrease maximum density permitted on a lot) Neighborhood Conservation, Low Density (NCL) / Old Town-A (OT-A): The Neighborhood Conservation, Low Density Zone District is similar to the RL Zone District in that it permits primarily single-unit, detached houses; however, the NCL Zone also permits “Carriage Houses” on lots over 12,000 square feet (about 10% of all NCL lots). The NCL Zone District areas are generally west and southeast of Downtown. These neighborhoods were mostly built before 1959 and comprise single-family homes on blocks with alleys. Some blocks in the NCL Zone also include duplexes built prior to the current LUC, and some larger lots include Carriage Houses. A carriage house is a detached single unit dwelling that is behind another detached single unit dwelling. It is limited in size to a maximum 1,000 sf of floor area and requires an additional parking space. Currently allowed under the existing Land Use Code:  Housing Types: Single-unit detached house; carriage house  Max Density: 1 unit or 2 units for lots >12,000 sf  Lot Size: 6,000 sf minimum; 12,000 sf minimum for carriage house (10% of NCL lots)  Maximum Height: 2 stories; 24 feet for carriage house or building at the rear of the lot Revisions for NCL/OT-A: 2. Remove duplex as a permitted housing type 3. Maintain current lot size for residential units 4. Remove affordable housing incentive of additional housing types (apartment, rowhouse, cottage court) NCM (OT-B) – Neighborhood Conservation, Medium Density Zone District: The Neighborhood Conservation, Medium Density Zone District comprises neighborhoods that are adjacent to Downtown and includes a diverse mix of single-unit detached, duplex, and multi-unit residential buildings often integrated on the same block with commercial uses and services within walking distance. Currently allowed under the existing Land Use Code:  Housing Types: Single-unit detached house; carriage house; multi-unit up to 4 units (e.g. duplex, triplex, fourplex)  Lot Size: 5,000 sf for single-unit detached house; 6,000 sf for multi-unit buildings up to 4 units; 10,000 sf for carriage house  Maximum Height: 2 stories, 24 ft for carriage house or building at the rear of the lot Revisions for NCM/OT-B: 5. Maintain current 4 unit maximum for multi-unit building 6. Maintain current lot size for residential units 7. Remove affordable housing incentive of additional density (+1 unit) Page 41 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 5 of 6 Private Covenants/Homeowners Associations (HOAs): There are currently over 200 HOAs registered in Fort Collins. They vary based on neighborhood size, housing type and the types of things their covenants address. Current Land Use Code regulations for HOAs:  Can not prohibit or limit: xeric landscaping, solar/photovoltaic collectors on roofs, clothes lines in back yards, odor controlled compost bins  Can not require: turf grass yards/lots Revisions for HOAs: 8. Remove language prohibiting HOAs from regulating the number and/or type of dwelling units permitted on a lot 9. Remove language prohibiting HOAs from regulating the ability to subdivide property Corrections to Land Use Code on First Reading – Inadvertent Numbering in Article 4. The draft of the Land Use Code to be adopted by reference contained some numbering formatting errors in Article 4. Additional numbers were inadvertently added to the Article 4 text on pages 4-11 to 4-13, 4-15 to 4-16, 4-20 to 4-23, 4-35 to 4-37, 4-39 to 4-41, and 4-43 to 4-44. The revised Article 4 with the inadvertent numbering deleted is attached to this AIS in addition to the original version with the numbering errors. Because the Land Use Code is being adopted by reference, and the version that was provided for public review contains the numbering errors, staff recommend that Council adopt a motion specifying that the corrected Article 4 is being adopted. A sample motion is as follows: “I move that City Council amend the revised Land Use Code to include the version of Article 4 that has corrected numbering as described in, and attached to, the Agenda Item Summary.” Change Names of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old Town (OT) Zone District Consistent with the updated references in the revised Land Use Code, Council is considering whether to change the names of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town (OT) zone district and its three corresponding subdistricts OT-A, OT-B, and OT-C. Changes to City Code to Conform to the Revised Land Use Code Finally, Council is considering changes to City Code to conform to revisions in the Land Use Code including updating section references and wording. CITY FINANCIAL IMPACTS This implementation work will not require additional funding but will require utilization of existing staff capacity and departmental resources. The current LUC updates are focused on housing-related changes and Code reorganization, and multiple phases will be required to update the entire LUC. Accordingly, staff is also planning a LUC Phase 2 Update, which will address remaining issues in commercial, industrial, environmental and other areas and will also incorporate Code changes that are not directly tied to housing. Funding has been approved for the LUC Page 42 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 6 of 6 Phase 2 project in the 2023-2024 budget cycle. A conversation regarding this topic will be conducted at a Council work session, currently scheduled for June 11, 2024. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Planning and Zoning Commission The Planning and Zoning Commission on a 5-0 vote (Stackmeyer absent) recommended that Council adopt the revised Land Use Code with the following recommended changes/additions:  Allow attached ADUs in RL,  Allow ADUs with design parameters in UE,  Change lot size from 10,000 square feet to 9,500 square feet for allowing carriage houses in the NCM/OTB zone. These proposed amendments are not included in the version of the Land Use Code being considered on April 16. The Commission also recommended on a 5-0 vote (Stackmeyer absent) that Council approve the name change of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town (OT) zone district with the corresponding subdistricts OT-A, OT-B, and OT-C. PUBLIC OUTREACH Potential changes to the LUC have resulted in robust community dialogue and many comments shared with City Leaders and staff. Throughout summer 2023, staff engaged with hundreds of residents through online comments, virtual engagement opportunities, and in-person events ATTACHMENTS First Reading attachments not included. 1. Ordinance A for Consideration 2. Ordinance B for Consideration 3. Exhibit A to Ordinance B 4. Exhibit B to Ordinance B Page 43 Item 4. -1- ORDINANCE NO. 056, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS UPDATING CITY CODE REFERENCES TO ALIGN WITH THE ADOPTION OF THE REVISED LAND USE CODE A. City Council is adopting the revised Land Use Code pursuant to Ordinance No. 055, 2024, to replace the existing Land Use Code adopted in 1997 (“1997 Land Use Code”) that will be codified separately as the 2024 Transitional Land Use Regulations. B. The purpose of this Ordinance is to update various City Code references to the 1997 Land Use Code to align with the revised Land Use Code. C. The City Council finds that the changes in this Ordinance are in the best interests of the City of Fort Collins in furthering adoption and utilization of the revised Land Use Code. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. Section 1-15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 1-15. - General penalty and surcharges for misdemeanors offenses, petty offenses, traffic offenses, and traffic and civil infractions. . . . (f) Except as provided in Paragraph (4) below, any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil penalty for such infraction of not more than three thousand dollars ($3,000). Said amount shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index, plus costs, damages and expenses as follows: . . . (3) If a defendant fails to answer a citation for a civil infraction or notice to appear in court or before a Referee for such infraction, a default judgment shall enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil penalty, costs, damages or expenses within thirty (30) days after the payment is due or fails to pay a default judgment, the City may pursue any legal means for collection and, in addition, may obtain an Page 44 Item 4. -2- assessment lien against the property that was the subject of the violation if the Code violation is designated as a nuisance in Chapter 20, is a violation of any civil infraction contained in Chapter 5, 12, 20, 24 or 27, or is a violation of Land Use Code Division 5.14 and was committed by an owner or tenant of the property. . . . Section 2. Section 2-174 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-174. - Historic Preservation Commission. . . . (c) The Commission shall also have the following additional functions: . . . (4) To coordinate with the various other City boards, commissions and City staff members whose actions may affect the preservation of historic resources in the community; and (5) To provide advice and written recommendations to the appropriate decision maker and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (b) are officially designated as a local or state landmark or are listed on the National Register of Historic Places; or (c) are located within an officially designated historic district or area. . . . Section 3. Section 2-176 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-176. - Planning and Zoning Commission. . . . (b) The Commission shall have the following functions: . . . (2) To exercise the authority vested in it by state planning and zoning laws subject to the provisions of this Section and the following additional provisions and limitations: Page 45 Item 4. -3- . . . c. The procedures for development review within the City shall be as established in the Land Use Code or, if applicable, the 2024 Transitional Land Use Regulations. Accordingly, Section 31 -23-215, C.R.S., shall have no force or effect in the City; and . . . Section 4. Section 2-177 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-177. - Land Use Review Commission. . . . (b) The Commission shall have the following powers and duties: (1) In accordance with and as limited by Land Use Code Division 6.18, to hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by the Land Use Code or, if applicable, the 2024 Transitional Land Use Regulations; and (2) To authorize upon appeal in specific cases, and in accordance with the provisions of Division 6.14 of the Land Use Code, variances from the terms of the Land Use Code or, if applicable, of the 2024 Transitional Land Use Regulations. Section 5. Section 4-2 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-2. - Exceptions. The provisions of this Chapter are subject to such exceptions as may be provided in the Land Use Code or, if applicable, the 2024 Transitional Land Use Regulations. Section 6. Section 4-117 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-117. - Sale of chickens and ducklings; quantity restricted; keeping of chickens and ducks. . . . Page 46 Item 4. -4- (b) In those zone districts where the keeping of farm animals (as that term is defined in Article 7 of the Land Use Code) is not otherwise allowed, the keeping of chickens and/or ducks (poultry) shall be permitted subject to the following requirements and subject to all other applicable provisions of this Chapter. . . . Section 7. Section 5-27 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-27. - Amendments and Deletions to the 2021 International Building Code. The 2021 International Building Code adopted in §5-26 is hereby amended to read as follows: . . . 51. A new CHAPTER 36 SUSTAIANABLE BUILDING CONSTRUCTION PRACTICES is hereby added to read as follows: . . . 3604.2 Definitions applicable to this Chapter: Affordable Housing: Residential occupancies that meet the criteria established in the Land Use Code Article 7 as affordable housing. . . . Section 8. Section 5-264 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-264. - Certificate required for occupancy of dwelling units contained in single-family or two-family dwellings in excess of limit; conditions; revocation or suspension. (a) No dwelling unit contained in a single-family or two-family dwelling shall be occupied by more persons than the number of persons permitted under Section 5.14.1 of the Land Use Code unless a certificate of occupancy for an extra - occupancy rental house has been issued for such dwelling by the Building Official. . . . Page 47 Item 4. -5- Section 9. Section 5-265 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-265. - Posting; inspection of books and records; disclosure. . . . (c) Any person selling or leasing a dwelling unit shall forthwith provide all purchasers, lessees or sublessees of such unit with a written disclosure statement, on a form provided by the City, specifying the maximum permissible occupancy of such unit under Section 5.14.1 of the Land Use Code. Such disclosure statement shall be signed and dated by all parties to the transaction immediately upon execution of any deed, contract for purchase and sale or lease pertaining to such unit. In the case of a lease, the following shall apply: . . . Section 10. Section 7.5-17 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-17. - Definitions. When used in this Article, the following words and terms shall have the following meanings: Building permit shall mean the permit required for new construction and additions under Division 6.13 of the Land Use Code, or, if applicable, Division 2.7 of the 2024 Transitional Land Use Regulations, and the permit required for the installation of a mobile home pursuant to Subsection 18-8(b) of this Code; provided, however, that the term building permit, as used herein, shall not be deemed to include permits required for the following: . . . Dwelling shall mean a building used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multi-family dwellings, and which contains: (a) a minimum of eight hundred (800) square feet of floor area, or (b) in the case of a dwelling to be constructed on the rear portion of a lot in the LMN, MMN, OT, CCN, CCR, HC, or E zone districts, a minimum of four hundred (400) square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. . . . Page 48 Item 4. -6- Section 11. Section 7.5-19 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-19. - Imposition, computation and collection of fees. . . . (b) Notwithstanding any language to the contrary contained in this Article, development projects for which final approval of the associated Project Development Plan, as such terms are defined and des cribed in the 2024 Transitional Land Use Regulations, had been received prior to June 6, 2017, shall be required to pay the capital expansion fees at the rates in effect prior to June 6, 2017. Section 12. Section 7.5-24.1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-24.1. - Entitlement to refund upon abandonment. Fees collected pursuant to this Article may be refunded to the current owner of the real property for which the fee was paid in the event that the right to develop the property in accordance with the approved plan has been abandoned as provided in Section 6.3.10(B)(3) of the Land Use Code. Any such refund shall be processed in accordance with the procedures described in § 7.5-25. No such refund based upon abandonment shall be made until the following conditions have been met: . . . (2) the property is adequately fenced in accordance with the standards contained in Article 4 of the Land Use Code in such manner as to adequately protect, in the judgment of the City Manager, public safety; . . . Section 13. Section 7.5-25 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-25. - Procedure to obtain refund. (a) All applications for refund under this Article shall be submitted to the Financial Officer. Each application shall be in a form established by the Financial Officer, and shall contain the following: . . . Page 49 Item 4. -7- (3) for refunds based upon abandonment, a copy of the approval of abandonment in accordance with Section 6.3.10(B)(3) of the Land Use Code; and . . . Section 14. Section 7.5-47 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-47. - Definitions. When used in this Article, the following words and terms shall have the following meanings: . . . Dwelling unit shall mean habitable floor space intended for the exclusive use of a single household with a single kitchen, or including a second kitchen pursuant to Land Use Code Section 5.3.6, located in any single-unit (attached or detached), two-unit (attached or detached), or multi-unit dwelling or building containing dwelling unit(s) and nonresidential use(s), as these terms are defined in the Land Use Code. . . . Section 15. Section 7.5-81 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-81. - Definitions. When used in this Article, the following words and terms shall have the following meanings: . . . Traffic-generating development, commencement of shall mean the point of approval of a site specific development (as that term is defined in Article 7 of the Land Use Code), or the issuance of a building permit, whichever occurs first after the effective date of this Division. . . . Section 16. Section 10-30 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-30. - Takings determinations. Page 50 Item 4. -8- Any person who claims that his or her property has been taken by reason of the application of any provision of this Article may apply to the Utilities Executive Director for a Takings Determination using the procedural and substantive requirements and criteria set forth in Division 6.19 of the City's Land Use Code, provided that, for the purpose of this Section, any reference therein to the Director of Community Development and Neighborhood Services shall be deemed to constitute a reference to the Utilities Executive Director and any reference to the Land Use Code therein shall be deemed to constitute a reference to this Article. Said Takings Determination Procedures shall be exhausted before the institution of any judicial proceeding against the City claiming a taking of affected property. Section 17. Section 12-18 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-18. - Collection and disposal of refuse and rubbish. . . . (b) All refuse containers and recyclable materials that are not required to be enclosed at all times per Land Use Code Division 5.11 shall be screened except on collection day, or within twelve (12) hours preceding the time of regularly scheduled collection from the premises, when they may be placed curbside as defined in §15-411 of this Code. Refuse containers and recyclable materials shall not, at any time, be placed on the sidewalk or in such a manner as to impair or obstruct pedestrian, bicycle or vehicular traffic. . . . Section 18. Section 14-21 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-21. - Purpose. The standards and procedures in this Article apply in whole or in part to determine the eligibility of resources for designation as landmarks or landmark districts for (1) landmark or landmark district designation pursuant to Article III, (2) the analysis of proposed development pursuant to Land Use Code Division 5.8, and (3) property owner information. Section 19. Section 14-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Page 51 Item 4. -9- Sec. 14-23. - Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins landmarks or landmark districts. (a) Application. An application for determining the eligibility of a resource or district for designation as a Fort Collins landmark or Fort Collins landmark district may be made by the owner(s) of the resource(s). A non-binding eligibility determination may be made by a development review applicant pursuant to Land Use Code Section 5.8.1(D)(2). Said application shall be filed with the Director. Staff may require a current intensive-level Colorado Cultural Resource Survey Form for each resource contained in an application. The applicant shall reimburse the City for the cost of having such a survey generated by a third-party expert selected by the City. Within fifteen (15) days of the filing of such application, and receipt of the intensive-level survey if required, staff shall determine whether the property or properties containing or comprising the site, structure, object or district is eligible for designation as a Fort Collins landmark or landmark district based on the information contained in the application and any additional information that may be provided by others. A determination of eligibility shall be valid for five (5) years unless (1) the Director determines that significantly changed circumstances require a reevaluation of the prior eligibility determination, or (2) the site, structure, object or district is undergoing designation proceedings pursuant to Article 3 of this Chapter in which case, new determinations of eligibility shall occur pursuant to such Article. Staff shall promptly publish the determination in a newspaper of general circulation in the City and cause a sign to be posted on or near the property containing the resource under review stating that the property is undergoing historic review. Said sign shall be readable from a point of public access and shall state that more information may be obtained from staff. . . . Section 20. Section 15-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-108. - All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign. (a) No solicitor, whether commercial or noncommercial, shall enter or remain upon any private premises in the City if a "No Solicitation" or "No Trespassing" s ign is posted at or near the entrance(s) to such premises. For the purposes of this provision, if an occupant of a multi-unit dwelling, as defined in Division 7.2 of the Land Use Code, wishes to prohibit door-to-door solicitation by the posting of a sign, the sign prohibiting solicitation must be posted at or near the entrance(s) to the occupant's individual dwelling. . . . Page 52 Item 4. -10- Section 21. Section 15-381 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-381. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Neighborhood zone district shall mean one (1) of the following zone districts, as established and described in Article 6 and Article 2 of the Land Use Code: Rural Lands (RUL); Urban Estate (UE); Residential Foothills (RF); Low Density Residential (RL); Low Density Mixed-Use Neighborhood (LMN); Medium Density Mixed- Use Neighborhood (MMN); Old Town (OT); and High Density Mixed-Use Neighborhood (HMN). Non-neighborhood zone district shall mean any zone district, as established in and described in Article 6 and Article 2 of the Land Use Code, that is not a neighborhood zone district. . . . Section 22. Section 15-387 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-387. - Restrictions and operation. . . . (b) The vehicles, structures, devices and other similar items described in the license for any outdoor vendor shall not be located by the vendor in any of the following manners or places: . . . (5) Upon a public sidewalk within the Downtown Zone District, as defined and established in Article 2 and Article 6 of the Land Use Code (except as a concessionaire of the City); . . . (p) The following additional requirements shall apply to particular types of outdoor vendor licensees, as specified: . . . Page 53 Item 4. -11- (6) Stationary vendors shall only vend on private parcels of land or lots within non-neighborhood zone districts, as defined and established in Article 2 and Article 6 of the Land Use Code, and they shall not vend from a private parcel or lot within any neighborhood zone district. Section 23. Section 15-475 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-475. - Location and selection criteria. (a) No medical marijuana store shall be issued a license if, at the time of application for such license, the proposed location is: . . . (4) Within the boundaries of any RUL, UE, RF, RL, LMN, MMN, OT or HMN zone district; (5) In a residential unit. . . . Section 24. Section 15-615 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-615. - Location criteria. (a) No applicant shall be issued a retail marijuana store license if, at the time of application for such license, such location is: . . . (4) Within the boundaries of any RUL, UE, RF, RL, LMN, MMN, OT or HMN zone district; (5) In a residential unit; . . . Section 25. Section 15-641 of the Code of the City of Fort Collins is hereby amended to read as follows: Page 54 Item 4. -12- Sec. 15-641. - Definitions. The following definitions shall apply to this Article: . . . Dwelling unit shall mean habitable floor space intended for the exclusive use of a single household with a single kitchen, or including a second kitchen pursuant to Land Use Code Section 5.3.6, located in a single-unit (attached or detached), two-unit (attached or detached), or multi-unit dwelling or building containing dwelling unit(s) and nonresidential use(s) as such terms are defined in the Land Use Code. . . . Short term primary rental shall mean a dwelling unit that is a primary residence of which a portion is leased to one (1) party at a time for periods of less than thirty (30) consecutive days. An accessory dwelling unit, as defined in the Land Use Code, that is not a primary residence is eligible to be a short term primary rental and may be licensed as a short term primary rental if it is located on a lot containing a primary residence. A dwelling unit of a two-unit dwelling, as defined in the Land Use Code, that is not a primary residence is eligible to be a short term primary rental and may be licensed as a short term primary rental if the connected dwelling unit is a primary residence and both dwelling units are located on the same lot. The term short term primary rental shall not include the rental of a dwelling unit to the former owner immediately following the transfer of ownership of such dwelling unit and prior to the former owner vacating the dwelling unit. Section 26. Section 15-644 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-644. - Licensing requirements. (a) The following are the minimum requirements that must be satisfied by the applicant for the issuance of a short term primary rental license. . . . (3) The dwelling unit must comply with all applicable federal, state, and local laws including, but not limited to, the Code of the City of Fort Collins and Land Use Code, and in particular, Land Use Code Section 5.9.1(K)(1)(m) which sets forth applicable parking requirements. . . . (b) The following are the minimum requirements that must be satisfied by the applicant for the issuance of a short term non-primary rental license. Page 55 Item 4. -13- . . . (3) The dwelling unit must comply with all applicable federal, state, and local laws, including, but not limited to, the Code of the City of Fort Collins and Land Use Code, and in particular, Land Use Code Section 5.9.1(K)(1)(m) which sets forth applicable parking requirements. . . . Section 27. Section 15-646 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-646. - Licensing of short term primary and non-primary rentals existing prior to Land Use Code restrictions. . . . (b) In addition to satisfying (a) above, the applicant must satisfy the requirements set forth in § 15-644 in order to be eligible for a license. License applications submitted pursuant to this Section on or before October 31, 2017, do not need to comply with the parking requirements in Land Use Code Section 5.9.1(K)(1)(m). . . . (e) Should ownership of a dwelling unit licensed pursuant to § 15-646 be transferred, and such license was continuously valid until the transfer of ownership, the new owner is eligible for a license identical in scope to the previously issued license provided: (1) the new owner applies for a license within thirty (30) calendar days of the transfer of ownership; (2) the dwelling unit complies with the parking requirements in the Land Use Code Section 5.9.1(K)(1)(m); and (3) any license issued pursuant to § 15-646 is continuously maintained. Should a license issued to the new owner under this Section be revoked, not be renewed, or lapse for any period of time, the new owner shall no longer be eligible for a license for such dwelling unit pursuant to this Section. . . . Section 28. Section 15-648 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-648. - License regulations. Upon issuance of a license pursuant to this Article, the following requirements must be met in order for the license to remain valid. Failure to comply with any of the following regulations may result in revocation, suspension, or non-renewal of the issued license pursuant to § 15-649: Page 56 Item 4. -14- . . . (3) The licensee shall comply with all applicable Code of the City of Fort Collins and Land Use Code provisions including, but not limited to, the Code of the City of Fort Collins Chapter 5, Buildings and Building Regulations, and the Code of the City of Fort Collins Chapter 20, Nuisances, Chapter 25, Taxation, and Land Use Code Section 5.9.1(K)(1)(m). . . . Section 29. Section 20-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-23. - Maximum permissible noise levels. (a) A noise measured or registered in the manner provided in § 20-24 from any source at a level which is in excess of the dB(A) established for the time period and zoning districts listed in this Section is hereby declared to be a noise disturbance and is unlawful. When a noise source can be identified and its noise measured in more than one (1) zoning district, the limits of the most restrictive zoning district shall apply. Zoning Districts Maximum Nose [dB(A)] Areas zoned: . . . Old Town (OT) . . . Section 30. Section 20-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-42. - Weeds, unmowed grasses, refuse and rubbish nuisances prohibited. . . . (g) Notwithstanding any other provision of this Section which may be construed to the contrary, the owner or occupant of any property that includes an area that has been established as a natural habitat or feature pursuant to Section 5.6.1(D) of the Land Use Code, or a buffer zone for natural habitat or feature Page 57 Item 4. -15- pursuant to Section 5.6.1(E) of the Land Use Code, which area is managed and maintained in accordance with specific conditions established in a site - specific development plan or development agreement, sh all not be required to mow said areas other than as required in such development plan or agreement. . . . Section 31. Section 20-111 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-111. Definitions. Unless the context clearly requires otherwise, the following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Nuisance activity means any of the following violations and nuisances occu rring or existing on a property and committed by any person, including, without limitation, by an owner, lessee, agent, occupant, or trespasser: . . . (8) Dwelling unit occupancy limits - Section 5.14.1 of the Fort Collins Land Use Code. . . . Section 32. Section 22-99 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 22-99. - Reallocation of assessments. (a) In the event that any parcel of land subject to assessment under this article undergoes subdivision, as defined in Article 7 of the Land Use Code, the owner(s) of all parcels constituting the original tract shall immediately propose in writing to the Financial Officer a reallocation of the assessment as to all such smaller parcels. Such proposal shall include the following information as to each parcel within the original tract: . . . Section 33. Section 23-83 of the Code of the City of Fort Collins is hereby amended to read as follows: Page 58 Item 4. -16- Sec. 23-83. Investigation of application information; fee; permit modification and revocation. (a) The application shall be made to the City Manager. The City Manager shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit. In investigating th e application, the City Manager may consult with such City departments as they deem necessary to determine whether the application should be approved. The City Manager may issue the permit for such duration and upon such other terms and conditions as the City Manager determines are necessary to protect the public welfare if the following criteria are met: . . . (4) In addition to satisfying the above three criteria, the following requirements apply to the following proposed encroachments: . . . b. As a condition of the issuance of any permit for the purpose of serving food and/or beverages as referenced in Subsection 23 -82(b), the permittee shall: . . . 4. In order for an application for an encroachment for a wireless communication facility (as defined in Article 7 of the Land Use Code) to be approved, the applicant must show to the satisfaction of the City Manager that the applicable criteria contained in Section 4.3.5(H) of the Land Use Code have been met. . . . Section 34. Section 23-176 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-176. - Design standards. . . . (c) Conditions. . . . (5) Landscape requirements. . . . Page 59 Item 4. -17- d. No tree may be removed in siting a SCF, unless authorized by the City Forester. To obtain authorization the applicant shall show wireless services are not technically feasible without tree removal; the applicant's plan minimizes the total number of trees to be removed, avoids removal of any tree larger than four (4) inches at four and one -half (4 ½) feet high, and replaces any tree to be removed at a ratio of 2:1; and all new trees meet the replacement size standards in Section 5.10.1(D) of the Land Use Code. . . . Section 35. Section 24-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 24-1. - Signs on streets, sidewalks and public rights-of-way prohibited; removal; exceptions; permit. Notwithstanding the provisions of § 17-42, the following signs shall be permitted on streets, sidewalks and other areas owned by the City: (1) Signs hanging above City sidewalks provided that such signs are solely connected to private property and provided that such signs are allowed under Division 5.16 of the City's Land Use Code. . . . Section 36. Section 24-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 24-42. - Maintenance. . . . (c) It shall be the duty of any property owner whose property is adjacent to a pedestrian/bicycle path which was required by the City to be constructed pursuant to the provisions of the Land Use Code or, if applicable, the 2024 Transitional Land Use Regulations, to maintain the paved surface of said pedestrian/bicycle path so that the condition of the same does not endanger the public. Section 37. Section 24-95 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 24-95. - Obligation for construction. . . . Page 60 Item 4. -18- (c) If the City has constructed such local portion of a public street adjacent to undeveloped property or property that may be redeveloped, the City may require, at or before the time of issuance of any building permit for new development or change of use, that the owner of any benefitted adjacent property repay to the City its cost in acquiring the necessary right -of-way and constructing such local portion of such street or other related improvements. For the purpose of this provision, benefit to the adjacent property may include, among other things, the construction of improvements that will allow the adjacent property to be developed in accordance with the requirements of Section 5.4.10 of the Land Use Code where, in the absence of the improvements, such development would not be allowed to proceed. The amount of reimbursement to be paid to the City under this Subsection shall be no less than the original cost of the right-of-way and improvements plus any mutually agreed-upon amount to reflect the effects of inflation, if any. These adjustments may be based on the construction cost index for Denver, Colorado, as published monthly by the Engineering News Record. (If said index shows deflation, the adjustment shall be made accordingly, but not below the original cost as submitted by the Installing Developer and approved by the City Engineer.) The original cost of the right-of-way and improvements shall mean the cost of right-of-way acquisition, financing, engineering, construction and any other costs actually incurred by the City which are directly attributable to the improvements. Section 38. Section 26-94 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-94. - Individual service lines for each building required. (a) Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. Separate service lines and meters for irrigation purposes shall be required for all properties, except for: (1) single- family residences; (2) duplex residences; and (3) properties where the annual use for irrigation under the water budget chart under the Land Use Code Section 5.10.1(E)(3)(b) is less than 30,000 gallons per year. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants. (b) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and Page 61 Item 4. -19- specifications, authorize the service of more than one (1) building by a single service line, provided that each of the following requirements is met: . . . (3) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one (1) of the buildings is an accessory dwelling unit. For purposes of this Section, the term accessory dwelling unit shall have the same meaning as in the Land Use Code. (4) Plant investment fees, water supply requirements and any other applicable charges required in connection with the additional building to which service is to be provided shall be remitted as provided in this Article. For an accessory dwelling unit, additional plant investment fees and water supply requirements, as well as monthly meter rates and any other water -related charges, shall be determined based on the addition of a new dwelling unit on the property; and . . . (c) Notwithstanding the provisions of Subsection (a) above, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private water service line, provided that: (1) The properties to be served by the line must be single-family attached dwellings on separate platted lots as the term lot is defined in the Land Use Code. . . . Section 39. Section 26-149 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-149. - Water supply requirement (WSR); nonresidential service. . . . (b) The minimum WSR shall be calculated using the table in this subsection. The Utilities Executive Director shall determine the type of use to be used based on all relevant information and the common meaning of the listed uses. If various portions of a property are used for separate uses, the WSR for the various portions of the property shall be calculated separately and aggregated to determine the WSR for the entire property. The WSR for any use not addressed by the table shall be calculated pursuant to Subsection (c). Page 62 Item 4. -20- Use WSR Calculation . . . . . . Irrigation Pursuant to water budget chart, Land Use Code Section 5.10.1(E)(3)(b) . . . . . . . . . Section 40. Section 26-256 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-256. - Individual service lines for each building required. . . . (b) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, provided that each of the following requirements is met: . . . (3) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one (1) of the buildings is an accessory dwelling unit. For purposes of this Section, the term accessory dwelling unit shall have the same meaning as in the Land Use Code; (4) Plant investment fees and any other applicable charges required in connection with the additional building to which service is to be provided shall be remitted as provided in this Article. For an accessory dwelling unit, additional plant investment fees, as well as monthly meter rates and any other water-related charges, shall be determined based on the addition of a new dwelling unit on the property; and . . . (c) Notwithstanding the provisions of Subsection (a) above, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private sewer service line, provided that: Page 63 Item 4. -21- (1) The properties to be served by the line must be single-family attached dwellings on separate platted lots as the term lot is defined in the Land Use Code. . . . Section 41. Section 26-464 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. - Residential energy service, schedule R. . . . (b) Applicability. This schedule applies to residential customers for all domestic uses in single-family dwellings, individually metered apartments and home occupations as defined in Article 7 of the Land Use Code. This schedule may also be applied to existing master metered residential buildings served under this schedule prior to January 1, 1980. Master metering is not available for new or remodeled residential buildings with more than one (1) dwelling unit unless authorized by the Utilities Executive Director. This schedule does not apply to auxiliary or standby service. . . . Section 42. Section 26-465 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. - All-electric residential service, schedule RE. . . . (b) Applicability. This schedule applies to residential customers qualifying under subsection (a) who opt not to receive services under schedule R, for all domestic uses in single-family private dwellings, individually metered apartments and home occupations as defined in Article 7 of the Land Use Code. . . . Section 43. Section 26-466 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. - General service, schedule GS. . . . Page 64 Item 4. -22- (b) Applicability. . . . (2) This schedule does not apply to single-family, individually metered residential units unless: . . . b. The unit is not eligible for a Home Occupation License as specified in Article 4 of the Land Use Code. . . . Section 44. The changes in this Ordinance No. 056, 2024, shall not go into effect until the Land Use Code adopted by Ordinance No. 055, 2024, goes into effect. Should the Land Use Code go into effect and be subsequently repealed by City Council in connection with a referendum petition, this Ordinance shall be automatically repealed effective the same date as the ordinance repealing the Land Use Code. Introduced, considered favorably on first reading on April 16, 2024, and approved on second reading for final passage on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 17, 2024 Approving Attorney: Brad Yatabe Page 65 Item 4. -1- ORDINANCE NO. 057, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS TO RENAME ALL NEIGHBORHOOD CONSERVATION LOW DENSITY, NEIGHBORHOOD CONSERVATION MEDIUM DENSITY, AND NEIGHBORHOOD CONSERVATION BUFFER ZONE DISTRICTS TO THE OLD TOWN ZONE DISTRICT IN CONJUNCTION WITH THE ADOPTION OF THE REVISED LAND USE CODE A. The City is adopting the revised Land Use Code via Ordinance No. 055, 2024, to replace the Land Use Code originally adopted on December 2, 1997, (“1997 Land Use Code”) via Ordinance 190, 1997. B. The revised Land Use Code will, among other changes, rename all existing Neighborhood Conservation Low Density (“N-C-L”), Neighborhood Conservation Medium Density (“N-C-M”), and Neighborhood Conservation Buffer (“N- C-B”) zone districts to become the Old Town (“OT”) zone district which is further divided into the following sub-districts: 1. OT-A, Old Town District, Low; 2. OT-B, Old Town District, Medium; and 3. OT-C; Old Tow District, High. C. The renaming is to better align the purpose of the Old Town zone district under the revised Land Use Code with its name to facilitate public understanding and use of the revised Land Use Code. D. The rezoning to effectuate the renaming will change only the name of the zone districts and will not affect the existing Sign District Map or Lighting Context Area Map designations within the zone districts being renamed . E. The existing N-C-L, N-C-M, and N-C-B zone districts are greater than 640 acres in size and pursuant to 1997 Land Use Code Section 2.9.4(H), any rezoning greater than 640 acres in size is a legislative rezoning committed to the legislative discretion of the City Council. F. The City Planning and Zoning Commission at its meeting on March 21, 2024, recommended on a 5-0 vote (Stackhouse absent) that City Council rename the N-C-L, N-C-M, and N-C-B zone districts to become the OT zone district with corresponding sub-districts OT-A, OT-B, and OT-C. G. The required notice of this rezoning was published in the Fort Collins Coloradoan on March 31, 2024, and the text of the notice is attached hereto as Exhibit “A.” H. The City Council has determined that the proposed rezoning is consistent with the City’s Comprehensive Plan, better aligns the purpose of the zone district with Page 66 Item 4. -2- its name under the revised Land Use Code, and facilitates public understanding and use of the revised Land Use Code; and I. The City Council has considered the rezoning and finds it to be in the best interests of the City and has determined that the N-C-L, N-C-M, and N-C-B zone districts shall hereafter be renamed the Old Town (OT) zone district with corresponding sub-districts OT-A, OT-B, and OT-C. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins, and referenced in revised Land Use Code Section 6.1.2, is hereby changed and amended to rename all existing Neighborhood Conservation Low Density (N-C-L), Neighborhood Conservation Medium Density (N-C-M), and Neighborhood Conservation Buffer (N-C-B) zone districts to the Old Town (OT) zone district, as further divided into corresponding sub- districts OT-A, OT-B, and OT-C as shown on Exhibit “B” attached hereto and incorporated herein. Section 2. The existing Sign District Map and Lighting Context Area Map designations within the existing N-C-L, N-C-M, and N-C-B shall not be affected by the renaming to the OT zone district and shall remain in effect in the same locations within the OT zone district and corresponding sub-districts OT-A, OT-B, and OT-C. Section 3. The renaming to the OT zone district set forth in this Ordinance shall not go into effect until the Land Use Code adopted by Ordinance No. 055, 2024, goes into effect. Should the Land Use Code go into effect and be subsequently repealed by City Council in connection with a referendum petition, this Ordinance shall be automatically repealed effective the same date as the ordinance repealing the Land Use Code. Section 4. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Page 67 Item 4. -3- Introduced, considered favorably on first reading on April 16, 2024, and approved on second reading for final passage on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 17, 2024 Approving Attorney: Brad Yatabe Page 68 Item 4. EXHIBIT A TO ORDINANCE NO. 057, 2024 NOTICE OF PUBLIC HEARING NOTICE is hereby given that, on April 16, 2024, at 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing on the rezoning to rename the existing Neighborhood Conservation Low Density ("N-C-L"), Neighborhood Conservation Medium Density ("N -C-M"), and Neighborhood Conservation Buffer ("N -C-B") zone districts under the current Land Use Code to the Old Town Neighborhood ("OT") zone district (with OT subdistricts A, B, and C) effective upon the effective date of the revised Land Use Code. Because the combined area of the N-C-L, N-C-M, and N-C-B zone districts exceed 640 acres, this is a legislative rezoning pursuant to Land Use Code Division 2.9. Individuals who wish to address Council in person or remotely can find specific information on how to do so at https://www.fcgov.com/council/councilcomments. 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 970.221.6515 (TDD 224-6001) for assistance. This notice is given and published by order of the City of Fort Collins, Colorado. Page 69 Item 4. EXHIBIT B TO ORDINANCE NO. 057, 2024 Page 70 Item 4. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Lawrence Pollack, Budget Director Jacob Castillo, Chief Sustainability Officer Travis Storin, Chief Financial Officer SUBJECT First Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the 2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our Climate Future. EXECUTIVE SUMMARY The purpose of this item is to appropriate the 2024 funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales & Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate. This tax begins in 2024 and expires at the end of 2050. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At the December 2021 Council Finance Committee (CFC) meeting, staff presented an item to discuss specific identified revenue needs and potential funding options. Multiple conversations occurred throughout 2022 at various CFC meetings. In 2023, the areas of need were focused on Parks, Recreation, Transit, Climate and Housing. Estimated annual shortfalls ranged from eight to nearly fifteen million per area, as follows: • Parks & Recreation $8.0 to $12.0M annual shortfall (Parks & Recreation Master Plan) • Transit $8.0M to $14.7M annual shortfall (Transit Master Plan) • Climate $9.5M+ annual shortfall (Our Climate Future Plan) • Housing $8.0M to $9.5M annual shortfall (Housing Strategic Plan) This topic eventually came in front of Council in 2023 and after a few Work Sessions, proposed funding for these items was determined. Council approved two ballot items to be referred to the voters of Fort Collins to fund these areas. Parks, Recreation, Transit and Climate were proposed to be funded from a dedicated 0.5% Sales and Use Tax increase. In a departure from previous tax initiatives and renewals, this item was proposed for a 27-year period beginning in 2024 and expiring at the end of 2050. The other referral was for housing needs, which were proposed to be funded by a property tax increase. Page 71 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 In November 2023, the voters of Fort Collins approved one of those initiatives, specifically the 0.5% Sales Tax outlined as follows: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 2023 Ballot Language: SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $23,800,000 IN THE FIRST FULL FISCAL YEAR (2024), AND BY SUCH AMOUNTS COLLECTED ANNUALLY THEREAFTER, FROM A .50% SALES AND USE TAX BEGINNING JANUARY 1, 2024, AND ENDING AT MIDNIGHT ON DECEMBER 31, 2050, WITH THE TAX REVENUES SPENT ONLY FOR THE FOLLOWING: - 50% FOR THE REPLACEMENT, UPGRADE, MAINTENANCE, AND ACCESSIBILITY OF PARKS FACILITIES AND FOR THE REPLACEMENT AND CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND POOL FACILITIES, - 25% FOR PROGRAMS AND PROJECTS ADVANCING GREENHOUSE GAS AND AIR POLLUTION REDUCTION, THE CITY’S 2030 GOAL OF 100% RENEWABLE ELECTRICITY, AND THE CITY’S 2050 GOAL OF COMMUNITY-WIDE CARBON NEUTRALITY, AND - 25% FOR THE CITY’S TRANSIT SYSTEM, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS, PURCHASE OF EQUIPMENT, AND UPGRADED AND EXPANDED SERVICES; AND WHILE CITY COUNCIL MAY EXERCISE ITS DISCRETION IN DECIDING THE TIMING OF SPENDING FOR EACH CATEGORY, THAT SPENDING SHALL SUPPLEMENT AND NOT REPLACE THE CURRENT CITY FUNDING FOR THE SPECIFIED PURPOSES AND SHALL BE RECONCILED TO THE STATED PERCENTAGES BY THE END OF 2030, 2040, AND WHEN THE LAST REVENUES COLLECTED FROM THE TAX ARE SPENT, BUT THIS TAX SHALL NOT APPLY TO: - ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX; - FOOD FOR HOME CONSUMPTION; AND - MANUFACTURING EQUIPMENT, BUT FOR THE USE TAX ONLY; AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE COLLECTED, RETAINED, AND SPENT AS A VOTER-APPROVED REVENUE CHANGE NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Given the timing of the vote relative to the 2024 Annual Appropriation (2024 Budget) process, it was determined that the 2024 appropriation for the approved Sales and Use Tax increase would be discussed as its own item early in the year. Staff has worked to identify specific projects for the first year of this tax, as detailed in the list of proposed projects (Attachment 1). Knowing that staff is concurrently working on the 2025-26 City Manager’s Recommended Budget to present to Council later this year, many of the proposed projects are one-time in nature, targeted to be substantially completed in 2024. Proposals of an ongoing nature are primarily for the staff needed to start this work and be positioned to execute the projects approved as part of the 2025-26 Budget. This item was discussed at the Council Finance Committee (CFC) meeting on March 20, 2024. Council questions were addressed with a follow-up request for more detail on the Parks and Recreation offer. This offer initiates a large asset and infrastructure replacement program like the Street Maintenance Program or the Water and Sewer Replacement programs, and this offer is modeled after those types of programs. The details for the analysis and prioritization of current assets can be found in the Infrastructure Page 72 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 Replacement Program report at the following web address: https://www.fcgov.com/parks/files/fort-collins- parks-infrastructure-replacement-program-management-plan_compressed.pdf?1665426175 Additionally, per that CFC conversation on the climate portion of the tax, the item to ‘Add Solar PV System at City Facility’ was moved from the elective offers to the recommended offers. The 2050 Tax was subsequently reviewed with the full Council at their work session on April 9, 2024. The associated work session summary includes specific follow up from that Council conversation (Attachment 2). From that work session, the following changes were made for First Reading: 1. The Parks and Recreation portion of the tax has been broken into three separate proposals and those are viewable in Attachment 1. 2. Of the three elective proposals within the Climate portion of the tax discussed during the work session, only the Poudre River Health Assessment has been included in the First Reading materials. CITY FINANCIAL IMPACTS Adoption of this ordinance would increase City appropriations by $10,244,180 with $5,302,586 supporting Parks and Recreation, $1,149,594 for Transit and $3,792,000 for Climate. The 2024 estimated revenue collections is $20,000,000 and of that, the remaining unappropriated amount of $9,755,820 will be held in reserves dedicated to each of the three ballot language categories. Those funds will be available for future appropriation, whether in the 2025-26 Recommended Budget or other appropriations authorized by Council. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration 2. List of Proposed Uses of 2024 Funding 3. Work Session Summary, April 9, 2024 Page 73 Item 5. -1- ORDINANCE NO. 058, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATION OF THE 2050 TAX FOR VARIOUS PROGRAMS AND SERVICES RELATED TO PARKS, RECREATION, TRANSIT AND OUR CLIMATE FUTURE A. In August 2023, the City Council adopted Resolution No. 2023-074, which submitted to the City’s registered electors a ballot issue to increase the City’s sales and use tax by .50%, beginning January 1, 2024 and ending at midnight on December 31, 2025, with the revenues to be spent only for certain items related to parks and recreation; air pollution and climate goals; and transit system improvements (the “2050 Tax”). B. The electors approved the ballot issue at the City’s regular municipal election held on November 7, 2023, and the 2050 Tax went int o effect January 1, 2024. C. City staff presented proposed projects for the revenue from the 2050 Tax to Council Finance Committee on March 20, 2024. Building on questions and comments from Council Finance Committee, City staff presented proposed projects to the full Council at a work session on April 9, 2024. D. Because the vote to approve the 2050 Tax occurred at roughly the same time as Council’s approval of the 2024 annual appropriation, the appropriation of 2024 revenue from the 2050 Tax is being presented as a standalone item. E. City staff continue to work on the 2025-2026 City Manager’s Recommended Budget to be presented to Council later this year, and many of the projects staff is proposing for the 2024 revenue from the 2050 Tax are one -time in nature and are expected to be substantially complete in 2024. However, a portion of the amounts identified for the proposals are ongoing in nature primarily for the staff needed to start this work and be positioned to execute projects approved as part of the 2025-2026 Budget. F. 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 supplem ental 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. G. The City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the 2050 Tax Parks Recreation Transit and Our Climate Future Fund and will not cause the total amount appropriated in the 2050 Tax Parks Recreation Transit and Our Climate Future 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. Page 74 Item 5. -2- H. Article V, Section 11 of the City Charter authorizes the City Cou ncil to designate in the ordinance when appropriating funds for capital projects that such funds shall not lapse until the completion of the capital project. I. The City Council wishes to designate a portion of the appropriation herein for the 2050 tax for Parks, Recreation, Transit and Our Climate Future as an appropriation that shall not lapse until the earlier completion of Capital Projects or the City’s expenditure of all funds. In light of the foregoing recitals, which the Council hereby makes and adopt s as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new revenue or other funds in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of FIVE MILLION THREE HUNDRED TWO THOUSAND FIVE HUNDRED EIGHTY-SIX DOLLARS ($5,302,586) to be expended in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund for various Parks and Recreation programs and services. Section 2. There is hereby appropriated from new revenue or other funds in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of ONE MILLION ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS ($1,149,594) to be expended in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund for various Transit programs and services. Section 3. There is hereby appropriated from new revenue or other funds in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of THREE MILLION SEVEN HUNDRED NINETY-TWO THOUSAND DOLLARS ($3,792,000) to be expended in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund for various Our Climate Future programs and services. Section 4. That, as provided in Article V, Section 11 of the City Charter, all of the following funds appropriated herein for capital projects shall not lapse until the completion of the capital project: Parks and Recreation – Transform $4,000,000 Our Climate Future - Comprehensive exterior lighting retrofits at City recreation centers $500,000 Our Climate Future - Implement bicycle infrastructure as determined in Active Modes plan (Centre Ave) $350,000 Our Climate Future - Implement bicycle infrastructure as determined in Active Modes plan (Laporte Ave) $57,000 Page 75 Item 5. -3- Our Climate Future - Add solar PV system at City Facility – new fueling canopy and shop expansion at Wood St $250,000 Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ryan Malarky Page 76 Item 5. Attachment #1 Proposed Appropriations 2050 Tax Category Proposed Funding for 2024 Subtotals by Category Forecasted 2024 Revenue* Est. 2024 Year-End Reserves 4.0 FTE Building Capacity & Data to Expand Parks & Infrastructure Replacement Parks & Rec $ 552,586 Accelerated Parks and Recreation Infrastructure Replacement Parks & Rec 750,000 Transform Scale of Parks and Recreation Captial Projects Delivered Parks & Rec 4,000,000 5,302,586$ 10,000,000$ 4,697,414$ Transit Operations Pay Plan Revision Transit $ 547,882 Sustainable Bus Operator Schedule Transit 441,036 Increased Transit Enforcement & Support Transit 160,676 1,149,594$ 5,000,000$ 3,850,406$ Introduce new capital for Utilities Epic Loans program Climate $ 600,000 Comprehensive exterior lighting retrofits at City Recreation Centers Climate 500,000 Grants to offset utility fees for affordable housing development, particularly electric & water Climate 400,000 Implement bicycle infrastructure as determined in the Active Modes plan (Centre Ave) Climate 350,000 Repair Riverside Community Solar Array Climate 250,000 Fund Healthy Homes Program Climate 250,000 Mobility Hubs Plan development Climate 200,000 Expand Mobile Home Park Mini-grant through Neighborhood Services Climate 200,000 Replace existing Parks Utility Carts with electric Utility carts Climate 200,000 Identify and determine critical support to upgrade under- resourced buildings, focusing on commercial/MF buildings Climate 100,000 Business support for plastic and styrofoam transition through NocoBIZ Connect Climate 75,000 Implement bicycle infrastructure as determined in the Active Modes plan (Laporte Ave) Climate 57,000 Expand Scholarship Program for Builders / Building Industry to meet new industry techniques & future codes Climate 35,000 Transportation Emissions Reduction Strategy Tool development Climate 25,000 Poudre River Health Assessment Climate 300,000 Add Solar PV System at City Facility - new fueling canopy and shop expansion at Wood St. Climate 250,000 3,792,000$ 5,000,000$ 1,208,000$ * 2050 Tax Revenue collected in 2024 will only be 11 months in the first year 2024 Totals 10,244,180$ 20,000,000$ 9,755,820$ Subtotal of Parks & Rec Subtotal of Transit Subtotal of All Climate Page 77 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:C&R (Culture & Rec)Contact: Svc Area:Community & Operation Services Related Offer #:54.15, 54.5, 43.15 & 43.20 Department:Parks Capital?Yes Offer Description: CR 2.2 - Address infrastructure and amenity replacement and maintenance needs of trails, parks, cultural and recreation facilities while continuing the planned buildout of the parks and paved trail systems. 4.0 FTE Building Capacity & Data to Expand Parks & Infrastructure Replacement vshaw@fcgov.com Choose Primary Strategic Objective: Funding this offer will build capacity to expand the Parks and Recreation Infrastructure Replacement programs. How does Offer Support Primary Strategic Objective: Funding this offer provides resources required to ramp up staffing and analysis to effectively expand the Parks and Recreation Infrastructure Replacement Programs (IRPs) to utilize new funding approved by voters in a 2023 dedicated tax. This program is essential to keeping park and recreation facilities and infrastructure safe and in usable condition, and imperative to preserve equity within the community to ensure that every household, regardless of the age of the neighborhood, has access to high quality parks and recreational experiences. Historically, Parks IRP has included repair and renovation to asset categories like playgrounds, hardscapes, irrigation, fields, buildings, courts, structures, and water infrastructure at all parks and trails. Recreation IRP has provided critical ongoing repair and maintenance across ten facilities, including pools, gymnasiums, ice, childcare infrastructure, and other amenities available to the public. This offer will build the internal capacity to oversee the additional projects with good financial stewardship of the new funding source and expand the community engagement capacity to staff outreach for the additional projects. The roles include a Park Planning Manager, Park Planner/Landscape Architect, Senior Finance Analyst, and Communications Specialist. A portion of this funding will also create a 10-year Recreation Capital Improvement Program (CIP) Plan that will prioritize needs across the diverse recreation system. The parks system had a similar evaluation completed in 2022. That existing Parks CIP and this new Recreation CIP will be merged to best leverage the 2050 tax in an equitable way to address infrastructure improvements and replacement in Parks and Recreation across the City. Extra Info Bullets: •The staffing model for 2024 allows the program to ramp up and will staff the program to approximately 30%. Additional staffing requests will occur in future budget years. •The funding ask across the three Parks and Recreation requests represents approximately 50% of the tax estimated to be collected in 2024 for parks and recreation from the 2050 tax in 2024. This is forecasted to leave $5M of tax generation to establish a dedicated reserve available for future budgets when the program is fully established. •The dedicated funding from the 2050 Tax will be supplemented with existing appropriations from historical general fund support in the Operations Services Department and potential other funding to complete facility replacement and improve sustainability and green infrastructure in alignment with additional strategic objectives. Page 78 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name:4.0 FTE Building Capacity & Data to Expand Parks & Infrastructure Replacement Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $532,586 $20,000 $552,586 2)$0 $532,586 $20,000 $552,586 FTE (if part of the offer, identify the position and salary): # 1.0 Salary & Benefits $91,297 1.0 Salary & Benefits $26,467 1.0 Salary & Benefits $83,070 1.0 Salary & Benefits $66,552 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Parks and Recrea $532,586 $20,000 $552,586 2)$0 $532,586 $20,000 $552,586 Specialist, Communications (P1) Park Planner/LA (P3) Sr Analyst, Finance (P3) Manager (M1) Title Links: •https://www.fcgov.com/parks/life-cycle-program •https://www.fcgov.com/recreation/ •https://ourcity.fcgov.com/sustainable-funding-2023 Page 79 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:C&R (Culture & Rec)Contact: Svc Area:Community & Operation Services Related Offer #:54.15, 54.5, 43.15 & 43.20 Department:Parks Capital?Yes Offer Description: CR 2.2 - Address infrastructure and amenity replacement and maintenance needs of trails, parks, cultural and recreation facilities while continuing the planned buildout of the parks and paved trail systems. Accelerated Parks and Recreation Infrastructure Replacement vshaw@fcgov.com Choose Primary Strategic Objective: Funding this offer will significantly expand the Parks and Recreation Infrastructure Replacement programs and increase the volume of asset replacement and maintenance work. How does Offer Support Primary Strategic Objective: Funding this offer provides project funding resources required to ramp up Parks and Recreation Infrastructure Replacement Programs (IRPs) by utilizing new funding approved by voters in a 2023 dedicated tax. This program is essential to keeping park and recreation facilities and infrastructure safe and in usable condition, and imperative to preserve equity within the community to ensure that every household, regardless of the age of the neighborhood, has access to high quality parks and recreational experiences. Historically, Parks IRP has included repair and renovation to asset categories like playgrounds, hardscapes, irrigation, fields, buildings, courts, structures, and water infrastructure at all parks and trails. Recreation IRP has provided critical ongoing repair and maintenance across ten facilities, including pools, gymnasiums, ice, childcare infrastructure, and other amenities available to the public. It has also included limited equipment replacement in the fitness areas of facilities which support programming. This funding would approximately double the investment in this area versus recent levels of funding and create the ability to address additional projects each year. The prioritization for additional projects would be informed by both the asset management study completed in 2022 and preventative maintenance, safety, vandalism and accessibility needs, These projects would be moderate in scale, such as irrigation pump repairs, ballfield regrading, playground surfacing preventative maintenance and playground repairs. Recreation investments would similarly be informed from a recent Recreational Operational Analysts which identified $36M in deferred maintenance projects across facilities over the next 5 years. Extra Info Bullets: •It is typical for multiple IRP projects to overlap over an extended period. In this budget cycle, projects from the plans listed above will begin, but are subject to change based on other opportunities (partnerships, safety issues, vandalism issues, continued preventative maintenance projects, etc.) that may arise. •The funding ask across the three Parks and Recreation requests represents approximately 50% of the tax estimated to be collected in 2024 for parks and recreation from the 2050 tax in 2024. This is forecasted to leave $5M of tax generation to establish a dedicated reserve available for future budgets when the program is fully established. •The dedicated funding from the 2050 Tax will be supplemented with existing appropriations from historical general fund support in the Operations Services Department and potential other funding to complete facility replacement and improve sustainability and green infrastructure in alignment with additional strategic objectives. Links: •https://www.fcgov.com/parks/life-cycle-program •https://www.fcgov.com/recreation/ •https://ourcity.fcgov.com/sustainable-funding-2023 Page 80 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name:Accelerated Parks and Recreation Infrastructure Replacement This funding would approximately double the investment in this area vs. recent levels of fund Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $750,000 $0 $750,000 $750,000 $0 $750,000 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Parks and Recrea $750,000 $0 $750,000 $750,000 $0 $750,000 Page 81 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:C&R (Culture & Rec)Contact: Svc Area:Community & Operation Services Related Offer #:54.15, 54.5, 43.15 & 43.20 Department:Parks Capital?Yes Offer Description: CR 2.2 - Address infrastructure and amenity replacement and maintenance needs of trails, parks, cultural and recreation facilities while continuing the planned buildout of the parks and paved trail systems. Transform Scale of Parks and Recreation Captial Projects Delivered vshaw@fcgov.com Choose Primary Strategic Objective: Funding this offer will significantly expand the Parks and Recreation Infrastructure Replacement programs and increase the volume of asset replacement and maintenance work. How does Offer Support Primary Strategic Objective: Funding this offer provides resources required to ramp up Parks and Recreation Infrastructure Replacement Programs (IRPs) by utilizing new funding approved by voters in a 2023 dedicated tax. This program is essential to keeping park and recreation facilities and infrastructure safe and in usable condition, and imperative to preserve equity within the community to ensure that every household, regardless of the age of the neighborhood, has access to high quality parks and recreational experiences. Historically, Parks IRP has included repair and renovation to asset categories like playgrounds, hardscapes, irrigation, fields, buildings, courts, structures, and water infrastructure at all parks and trails. Recreation IRP has provided critical ongoing repair and maintenance across ten facilities, including pools, gymnasiums, ice, childcare infrastructure, and other amenities available to the public. It has also included limited equipment replacement in the fitness areas of facilities which support programming. Funding this offer will provide a new scale of resources which will allow for larger, more transformational projects to start, although completion of larger projects may take several years. Early funding would be encumbered for design development and procurement. This work needs to start as soon as possible since larger projects may have design development schedules of multiple years. Potential projects of this magnitude include initiating work for Rolland Moore Tennis Center and playground replacements. In 2022, Parks completed a comprehensive asset management study which assigned asset scores to components to prioritize future investments across the park system regardless of component category. The results of the study provided a Top 40 list of deferred maintenance projects which the Parks IRP program will focus on during the initial startup years. The Recreation Operational Analysis identified $36M of deferred maintenance projects across facilities over the next five years. Extra Info Bullets: •It is typical for multiple IRP projects to overlap over an extended period. In this budget cycle, projects from the plans listed above will begin, but are subject to change based on other opportunities (partnerships, safety issues, vandalism issues, continued preventative maintenance projects, etc.) that may arise. •The funding ask across the three Parks and Recreation requests represents approximately 50% of the tax estimated to be collected in 2024 for parks and recreation from the 2050 tax in 2024. This is forecasted to leave $5M of tax generation to establish a dedicated reserve available for future budgets when the program is fully established. •The dedicated funding from the 2050 Tax will be supplemented with existing appropriations from historical general fund support in the Operations Services Department and potential other funding to complete facility replacement and improve sustainability and green infrastructure in alignment with additional strategic objectives. •Parks, approximately $50m deferred asset management need is tracked by this metric: https://app.clearpointstrategy.com/#/index/?object=measure&objectId=859212&periodId=300436&scorecardId=6286 Page 82 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name:Transform Scale of Parks and Recreation Captial Projects Delivered Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $0 $4,000,000 $4,000,000 2)$0 $0 $4,000,000 $4,000,000 FTE (if part of the offer, identify the position and salary): # Salary & Benefits Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Parks and Recrea $0 $4,000,000 $4,000,000 2)$0 $0 $4,000,000 $4,000,000 Title Links: •https://www.fcgov.com/parks/life-cycle-program •https://www.fcgov.com/recreation/ •https://ourcity.fcgov.com/sustainable-funding-2023 Page 83 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:Transfort / Dial-a-Ride Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $547,882 $547,882 2)$0 $547,882 $0 $547,882 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Transit- Ongoing $547,882 $547,882 2)$0 $547,882 $0 $547,882 Funding this offer will increase starting wage and existing wages for Transfort Bus Operators, Dispatchers and Transit Service Officers to reduce turnover and to improve recruitment opportunities. Transfort seeks to improve recruitment and employee retention by increasing wages to be more competitive with other jobs in the transportation sector in the region. Transfort has remained under-staffed since the pandemic began in 2020, resulting in decreased service and ridership levels. Transfort operators participated in a satisfaction survey at the end of 2023, and more than half of current bus operators reported compensation as the primary concern related to job satisfaction. Transfort has long been a leading transit agency in the state and in Northern Colorado and aims to be an industry leader and premier transportation employer in the region. Denver’s Regional Transportation District (RTD), Greeley Evans Transit (GET), and City of Loveland Transit (COLT) are currently hiring Bus Operators at starting hourly rates of $25.96, $21.54, and $22.24 respectively. Starting wages for experienced candidates may reach up to $30.03 per hour. Transfort’s proposed pay plan will increase operator hiring wages from $22.50 per hour to $24.00 per hour. To ensure existing employees are appropriately placed within the new pay range, a 7.1% increase is necessary. An additional equity increase of 7.1% will go to senior operators who did not receive an increase during the October 2021 wage adjustment, and have experienced wage compression and pay equity issues. Dispatch and Transit Service Officers (TSO) have also experienced turnover since the pandemic and require more competitive pay. RTD Transit Officers start at $32.79, while Transfort Transit Service Officers currently start at $26.44 per hour. This increase will raise Transfort TSO starting wage to $28.42. Starting Dispatcher starting pay will increase from $26.13 to $28.09. Additionally, TSOs and Dispatch positions are leveled higher on the pay plan than bus operators. An increase in bus operator pay results in a need to increase Dispatch and Transit Service Officer wages to ensure equity and reduce wage compression. TM 6.2 - Support an efficient, reliable transportation system for all modes of travel, enhance high- priority intersection operations, and reduce Vehicle Miles Traveled (VMT). Transit Operations Pay Plan Revision Choose Primary Strategic Objective: Increase recruitment and retention opportunities by offering more competitive wages. Increased staffing levels will result in increased service and ridership levels. How does Offer Support Primary Strategic Objective: Page 84 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:Transfort / Dial-a-Ride Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $441,036 $441,036 2)$0 $441,036 $0 $441,036 FTE (if part of the offer, identify the position and salary): # 4.00 Salary & Benefits $275,407 2.00 Salary & Benefits $43,416 1.00 Salary & Benefits $17,213 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Transit- Ongoing $441,036 $441,036 $441,036 $0 $441,036 TM 6.2 - Support an efficient, reliable transportation system for all modes of travel, enhance high- priority intersection operations, and reduce Vehicle Miles Traveled (VMT). Sustainable Bus Operator Schedule Choose Primary Strategic Objective: Increases recruitment and retention opportunities for bus operators by offering more sustainable scheduling practices, while increasing service levels. Increased staffing levels will result in increased service and ridership levels. How does Offer Support Primary Strategic Objective: Convert Hourly Positions to two .5 FTE & one 1.0 Bus Operator Convert .75 Position to 1.0 FTE 1.0 FTE Bus Operator Title Funding this offer will result in expanded service hours on Routes 5, 14, and 18, while increasing the number of benefited (classified) positions to provide more stable bus operator schedules. Transit scheduling is an intricate process requiring schedulers to meet all operational staffing needs during all hours of service, within the constraints of available classification hours. Historically, Bus Operator candidates must be available to be scheduled during all service hours. Schedules offered to operators do not fall into 8-hour shifts and may consist of early mornings, late nights, and split shifts due to hours of operation and the seasonal nature of transit services. This expectation and practice make recruitment and retention difficult and has a negative impact on the sustainability of the position and attracting applicants. Extending service one (1) hour in the evening on routes 5, 14, and 18 will expand service for the community while creating improved “blocks” of work to support additional classified positions and to allow for more stable Bus Operator schedules. This offer will: •Add four new 1.0 FTEs •Convert two (2) hourly positions to .5 FTE •Convert one (1) hourly position to 1.0 FTE •Convert one (1) .75 FTE to a 1.0 FTE. By offering more sustainable schedules, additional benefitted positions, and extending service hours, Transfort will improve recruitment and retention and increase service levels for the community. Page 85 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:Transfort / Dial-a-Ride Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $160,676 $160,676 2)$0 $160,676 $0 $160,676 FTE (if part of the offer, identify the position and salary): # 1.00 Salary & Benefits $76,129 1.00 Salary & Benefits $84,547 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Transit- Ongoing $160,676 $160,676 $160,676 $0 $160,676 Increased Transit Enforcement & Support Choose Primary Strategic Objective: This offer will help decrease both real and perceived safety concerns throughout the transit system, and support passengers who may be experiencing a mental health crisis How does Offer Support Primary Strategic Objective: Transit Service Officer Supervisor Transit Service Officer Title Funding this offer will increase both real and perceived safety throughout our transit system, provide vital support for our front-line employees, and directly benefit our customers. As our community and transit system have grown, our safety and security team has not grown proportionally. Crimes against persons and property in our transit system rapidly rise each year; including but not limited to, physical assault, harassment, and vandalism. As a result, survey data shows that employees feel unsafe in their workplace and passengers’ fear of riding our transit system continues to grow. According to our passenger surveys, passengers worried about other passenger behavior increased from 12% in 2022 to 16% in 2023, and bus operators ranked safety as their second top concern related to job satisfaction. Transit Service Officers (TSOs) are special commissioned law enforcement officers, who are a vital safety component of transit systems. Their uniformed presence discourages behavioral issues and crime incidents before they happen and increase employee and customer confidence. Transfort TSOs respond to over 100 calls per month on buses, at bus stops and transit centers. These calls range from medical emergencies to serious behavioral and/or criminal incidents that result in citations or arrest by the Fort Collins Police. They are supplemented by 2 unarmed, contracted security guards. This offer will provide 1 TSO FTE, and 1 TSO Supervisor FTE. The TSO FTE will have an emphasis on mental health response. They will work as a liaison between Transfort, Fort Collins Police HOPE team and Mental Health Response team as well as outside agencies such as Outreach Fort Collins. They will also attend additional training geared toward mental health and mental health response to better assist an at-risk population who may be in crisis while utilizing the Transfort system. Adding these positions will increase system-wide TSO security coverage from 6% to 10%. TM 6.1 - Improve safety for all modes and users of the transportation system to ultimately achieve a system with no fatalities or serious injuries. Page 86 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Utility Services Related Offer #: Department:Utilities Customer Connections Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $600,000 $600,000 2)$0 $0 $600,000 $600,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits NA Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $600,000 $600,000 2)$0 $0 $600,000 $600,000 Title This funding will be combined with third party capital to reduce interest rates and provide easy financing opportunities for Utilities electric customers to improve their homes. Upfront cost, along with knowledge of improvements and access to contractors, have been barriers to community members interested in upgrading their homes. Program participants first receive technical assistance through a home energy assessment, then have the option to work with a participating program service provider to install equipment, and ultimately have easy access to this financing option to improve the operation of their home. Below market interest rates and ease of qualifying for this financing are critical to the success of the Epic Loan program. Epic Loans program also engages property managers and landlord to increase rental home upgrades. ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Introduce new capital for Utilities Epic Loans program Glenn Pease Choose Primary Strategic Objective: Offer will decrease economic barriers for community members interested in upgrading community residential buildings. How does Offer Support Primary Strategic Objective: Page 87 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Information & Employee Svcs Related Offer #: Department:Operation Services Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $500,000 $500,000 2)$0 $0 $500,000 $500,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $500,000 $500,000 2)$0 $0 $500,000 $500,000 Title Retrofit existing exterior lighting systems at EPIC, Northside, and Senior Ctr. The new exterior lighting systems will meet current lighting codes, improve energy efficiency, and embrace our night sky/dark sky standards and goals. Exterior lighting upgrades will also have a positive impact on aesthetics of building, and upgrades to exterior building lighting have also been shown to benefit visitor safety and comfort. ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Comprehensive exterior lighting retrofits at City Recreation Centers Stu Reeve Choose Primary Strategic Objective: These efficiency focused projects will directly reduce energy and emissions to meet our 2030 Our Climate Future goals and municipal sustainability goals. How does Offer Support Primary Strategic Objective: Page 88 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:NLSH (Neighborhood Livability & Social Health)Contact: Svc Area:Sustainability Services Related Offer #: Department:Social Sustainability Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $400,000 $400,000 2)$0 $0 $400,000 $400,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $400,000 $400,000 2)$0 $0 $400,000 $400,000 Title Funds would be used to provide grants to offset increasing costs of utility related development fees for affordable housing projects targeting households earning no more than 80% Area Median Income. Grant criteria to be developed collaboratively including the Utility Department, Social Sustainability Department and local affordable housing providers and developers. NLSH 1.1 - Increase housing supply and choice and address inequities in housing to ensure that everyone has healthy, stable housing they can afford. Launch grants to offset utility fees for affordable housing development, particularly electric and Meaghan Overton Choose Primary Strategic Objective: This offer would decrease economic barriers to upfront costs of development for affordable housing. How does Offer Support Primary Strategic Objective: Page 89 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:FC Moves Capital?Yes Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $350,000 $350,000 $0 $350,000 $350,000 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $350,000 $350,000 $0 $350,000 $350,000 This project will construct median refuge islands, high-visibility crosswalks, and ADA curb ramps at Centre Ave. and Rolland Moore Dr./Phemister Rd. to help pedestrians and cyclists cross Centre Ave. The project is recommended as a medium priority/readiness project in the Active Modes Plan. The project will also construct a median refuge island at the at-grade crossing of Centre Ave. and the Spring Creek Trail. Staff are seeking to implement the project in 2024 for the opportunity to coordinate with the resurfacing of Centre Ave. and the implementation of a federal Safe Streets and Roads for All grant on Centre Ave. The project will improve connectivity to Rolland Moore Park, Spring Creek Trail, high density student housing and senior housing, CSU's main campus and south campus, a preschool, federal offices, Mason Trail, and College Ave. commercial. The project will also cover local match for three grants that will design and construct bike/ped crossing improvements recommended in the Active Modes Plan: 1) FY 2024 Highway Safety Improvement Program - Prospect Rd/Prospect Ln: pedestrian hybrid beacon - Mulberry St/Remington St: signal improvements 2) FY 2025 Highway Safety Improvement Program Rectangular Rapid Flashing Beacons at: - Sharp Point Dr./March Ct. - Lake St./Aggie Trail - Laporte Ave./Impala Dr. - Kechter Rd./Old Mill Rd. 3) FY 2024 - 2026 NFRMPO Transportation Alternatives Program - William Neal Pkwy/Ziegler Rd. intersection improvements TM 6.1 - Improve safety for all modes and users of the transportation system to ultimately achieve a system with no fatalities or serious injuries. Implement bike/ped crossing improvements recommended in the Active Modes Plan Cortney Geary Choose Primary Strategic Objective: This offer improves safety, particularly for active modes of transportation, by providing safe and comfortable street crossing locations How does Offer Support Primary Strategic Objective: Page 90 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Utility Services Related Offer #: Department:Utilities Customer Connections Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $250,000 $250,000 2)$0 $0 $250,000 $250,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $250,000 $250,000 2)$0 $0 $250,000 $250,000 ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Repair Riverside Community Solar Array Brian Tholl Choose Primary Strategic Objective: This offer will directly increase available renewable electricty available to communityHow does Offer Support Primary Strategic Objective: Title Riverside community solar project (500 kW) has been non-operational since August 2023. Utilities, which aquired the assets of the site in 2020, is pursuing bids from service providers to redesign and repower the solar array on Riverside Ave. This is a highly visible City Committment to climate action and directly serves over 200 residents that have purchased solar panels on this array. This project contributes to our overall goal of achieving 100% renewable electricity for our community. Page 91 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Sustainability Services Related Offer #: Department:Environmental Services Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $250,000 $250,000 2)$0 $0 $250,000 $250,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $250,000 $250,000 2)$0 $0 $250,000 $250,000 Title Healthy Homes is a free, indoor air quality (IAQ) program for Fort Collins community members that aims to reduce chemical and biological pollutants and promote safety in residences. Staff, volunteers, and partner organizations work together to improve the health and home resiliency of all Fort Collins community members. This program focuses on populations disproportionately impacted by climate change impacts including those that live in mobile homes, that are low-income, those with respiratory conditions, people of color, and non-English speakers. Healthy Homes improves IAQ and energy efficiency, and prepares homes for climate-related events (i.e., wildfires, extreme temperatures). This is achieved through free in-home visits which include an IAQ assessment, portable air cleaners, smoke/fire and carbon monoxide (CO) alarms, furnace servicing, weatherization, air conditioners, and other related resources/services. ENV 4.2 - Improve indoor and outdoor air quality. Fund Healthy Homes Program Emily Olivo & Selina Lujan Choose Primary Strategic Objective: By creating healthier, energy efficient, resilient homes, the severity of the impacts of climate change, such as extreme temperatures and poor air quality, will be reduced for the populations served. Healthy Homes is a crucial program for meeting the goals of the Air Quality Plan and Our Climate Future. How does Offer Support Primary Strategic Objective: Page 92 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:FC Moves Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $200,000 $200,000 2)$0 $0 $200,000 $200,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $200,000 $200,000 2)$0 $0 $200,000 $200,000 Title Mobility hubs are generally defined as locations where people can access multiple types of transportation modes in a central location such as transit, bike/scooter share and carshare. Mobility hubs are a core recommendation in the City's Transit Master Plan (TMP), and in the Our Climate Future Two-Year Tactical Plan as a Next Move under Big Move 4 - Convenient Transportation Choices: It is safe, easy, fast and affordable to get around without a car. The fourteen mobility hub locations identified in the TMP are preliminary locations and intended to be flexible depending on future land development, land availability and other criteria. The development of a mobility hubs plan will refine locations, characteristics and costs; and is a necessary next step prior to construction and implementation. TM 6.3 - Invest in equitable access to, and expansion of, all sustainable modes of travel with emphasis on growing transit ridership. Mobility Hubs Plan development Melina Dempsey Choose Primary Strategic Objective: Mobility hubs are planned at strategic locations throughout Fort Collins along transit routes and will include other sustainable transporation offerings such as: bike and scooter share, carshare, EV charging, TNC drop off/pick up and micortransit. Colocating sustainable transportation options throughout Ft Collins will make multi-modal travel more accessbile, convenient and efficient. How does Offer Support Primary Strategic Objective: Page 93 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:NLSH (Neighborhood Livability & Social Health)Contact: Svc Area:Planning, Dev & Transportation Related Offer #:24.12 Department:Comm Dev & Neighborhood Svcs Capital?No Offer Description: The Building Envelope Grant Fund would build on the success of the current Neighborhood Grants program to address home repairs that are seen with increasing frequency in mobile homes and other affordable housing units, but come at a cost too high for residents. The 2023 Mobile Home Park Mini-Grant round that offered roof repairs had over $200,000 in requested funds for just 37 homes and was open to only three neighborhoods (available funding was $35,000). There are generally very limited grant funds available for home repairs in the $5,000-25,000 range, the price point for most building envelope needs we have seen to date. Available grants also frequently exclude mobile homes and rental properties from eligibility due to their perceived “lack of durability” or return on investment. Holes in roofs that do not keep rain or snow out of bedrooms, exterior doors that do not close properly and let in winter winds and summer heat, and windows that are broken and taped back together are common in mobile home parks. Often those are not the only items that need repair in the home. Several funded projects in affordable housing units were delayed or cancelled over the last 3 years because of a lack of funding for a dependent project (example: a new furnace was available from a partner organization but could not be installed because the electrical work needed in the home was too expensive for the homeowner and the program did not cover that portion of the work). Not only would this grant expansion help with those building envelope concerns to improve energy efficiency and livability, but also it would allow us to leverage funds and services from partners for maximum benefit to address other urgent needs as well. Neighborhood Services would continue to partner extensively with programs like Healthy Homes, Colorado Affordable Residential Energy program, Larimer Home Improvement Program, and others to identify and close gaps in available services. We would also continue to coordinate assessments and installation of any funded components with partners to make customer service more efficient and build relationships with vendors. As our organization is just entering the rental housing space, this short-term funding would help incentivize registration compliance as well as needs assessment for rental housing repairs that we currently have only anecdotally. Program metrics would include energy usage and cost before and after the repairs, equity assessments for access by historically marginalized communities, and outcomes-based measures around a sense of belonging, trust in the government, and value in contributing to Our Climate Future goals. Utilizing our existing grant application, review, and contracting systems will allow for rapid deployment of any awarded OCF funds. This proposal also includes some part- time hourly employee funding for grant administration, outreach, and coordination. NLSH 1.8 - Preserve and enhance mobile home parks as a source of affordable housing and create a safe and equitable environment for residents. Expand Mobile Home Park Mini-grant through Neighborhood Services JC Ward & Alyssa Stephens Choose Primary Strategic Objective: Mobile homes and older rental homes are often the most affordable properties in our community, but the high cost of housing makes it a challenge to afford necessary repairs to building envelope that increase the safety, comfort, and efficiency of these homes. This project would fund critical home upgrades to things like windows, doors, and insulation, reducing monthly utility bills and increasing housing stability, efficiency, and comfort for mobile home park residents and renters living in affordable housing. The City provides existing programs to homeowners that support efficiency upgrades, but the high costs make it inaccessible to many residents with limited income. This program ensures that your income does not limit your access to City support for efficiency upgrades. How does Offer Support Primary Strategic Objective: Page 94 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name:Expand Mobile Home Park Mini-grant through Neighborhood Services Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $200,000 $200,000 2)$0 $0 $200,000 $200,000 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $200,000 $200,000 2)$0 $0 $200,000 $200,000 Page 95 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:HPG (High Performing Gov't)Contact: Svc Area:Community & Operation Services Related Offer #: Department:Natural Areas Capital? Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $200,000 $200,000 2)$0 $0 $200,000 $200,000 FTE (if part of the offer, identify the position and salary): # Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $200,000 $200,000 2)$0 $0 $200,000 $200,000 NA Title This project is a continuation of electrification efforts for the municipal fleet of Utility cart vehicles, often seen in downtown district, parks and other highly visible public spaces. This project would fund the replacement of approximately 10 gas or diesel-powered utility carts with electric utility carts used by the Parks, Cemeteries and Golf divisions. 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Replace existing Parks Department Utility Carts with electric Utility carts Mike Brunkhardt Choose Primary Strategic Objective: Replacement of gas and diesel-powered vehicles with electric has a direct, immediate and noticeable effect on the air quality and transportation emissions in our community. How does Offer Support Primary Strategic Objective: Page 96 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Utility Services Related Offer #: Department:Utilities Customer Connections Capital? Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $100,000 $100,000 2)$0 $0 $100,000 $100,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $100,000 $100,000 2)$0 $0 $100,000 $100,000 Title This project seeks to identify under resourced commercial and multifamily buildings including a consideration of how various factors intersect to create under resourced conditions in this cohort. Data review will be paired with outreach to building contacts (owners, facility managers, tenants/occupants) to identify barriers to energy efficiency in these properties. Any remaining funds will be funneled toward targeted support to address barriers isolated in the research (project team is ready to direct funds to build out advanced technical support, direct financial support of efficiency projects, or to address financing barriers, and will be ready to pursue other outcomes of the research as appropriate). ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Identify and determine critical support needed to upgrade under-resourced buildings, focusing on commercial /MF buildings Katherine Bailey Choose Primary Strategic Objective: By identifying buidlings that need additional support to achieve greater efficiency and what barriers they have we are better able to offer targeted resources to overcome those barriers. How does Offer Support Primary Strategic Objective: Page 97 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ECON (Economic Health)Contact: Svc Area:Sustainability Services Related Offer #:32.16 Department:Sustainability Services Admin Capital?No Offer Description: The proposed offer directly aligns with and supports ECON 3.1, aiming to bolster economic resilience in Northern Colorado through collaboration with local and regional partners. This initiative exemplifies a strategic approach to economic development by focusing on the following key areas: 1.Strengthening Regional Collaboration: adapting to regulatory changes and consumer expectations and offering practical support to ensure sustainable alternatives, this program embodies the essence of coordinated efforts among various regional organizations. It underscores the importance of a unified approach to business retention, expansion, incubation, and attraction, enhancing economic resilience in line with the City's commitment. 2.Boosting Tourism through Sustainability: Aligning to enhance the economic impact of tourism further, as outlined in the Tourism Destination Master Plan, this project leverages Fort Collins' commitment to sustainability as a draw for eco-conscious visitors. By encouraging businesses to adopt environmentally friendly practices, the initiative supports the local economy and positions the region as a leader in sustainable tourism. 3.Driving Innovation in the Climate Economy: The focus on shifting away from single-use plastics and towards sustainable alternatives taps into the climate economy as a critical driver of innovation and economic opportunities. This program aligns with the region's vision for sustained economic growth by fostering an environment where businesses can contribute to and benefit from the growing climate economy. 4.Creating a Unified Vision for Economic Growth: This initiative exemplifies creating a unified regional vision Through collaboration with the Monarca Group for culturally sensitive engagement and education. It ensures that the benefits of sustainable business practices are accessible to all, fostering a more inclusive and resilient economic landscape. In essence, by integrating sustainable business practices with strategic regional collaboration, the enhancement of the NOCOBiz Connect program directly advances the primary objective of ECON 3.1. It fosters economic resilience through innovative and sustainable development and strengthens the region's position as a leader in economic growth and environmental stewardship. Incorporating an ongoing rebate program for businesses that adopt sustainable practices aligns with our 2030 zero-waste goal. It fosters economic resilience by encouraging long-term investment in sustainability, thereby solidifying Northern Colorado's leadership in economic growth and environmental stewardship. ECON 3.1 - Collaborate with local and regional partners to achieve economic resilience in Northern Colorado. Business support for plastic and styrofoam transition through NocoBIZ Connect Javier Echeverría Choose Primary Strategic Objective: How does Offer Support Primary Strategic Objective: Page 98 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name:Business support for plastic and styrofoam transition through NocoBIZ Connect Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $75,000 $75,000 $0 $75,000 $75,000 Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $75,000 $75,000 $0 $75,000 $75,000 This project enhances the NOCOBiz Connect program to align with the Plastic Pollution Reduction Act (HB21-1162). It offers education and financial incentives to help local businesses shift from single-use plastics, especially polystyrene, to sustainable alternatives. It aims to support 60 small businesses with $1,000 worth of compliant alternative products totaling $60,000 (80% of the funding) directly benefiting the businesses. The remaining $15,000 (20% of the funding) will cover the Monarca Group's services for culturally sensitive engagement, educational resources, surveys to measure adoption rates, material delivery, and project management. Monarca Group will steward these financial resources by responsibly procuring the most affordable wholesale rate for the products. This initiative seeks to foster a community-wide move towards sustainability by helping businesses navigate new regulations, and meet consumer expectations for environmental responsibility. The consultant (Monarca Group) that would implement this program has executed a similar program to this one in Longmont through PACE, achieving high rates of adoption of sustainable materials by the businesses that participated in the program. Quantitative Impacts: 1. Direct Financial Support and Resource Allocation 2. Adoption Rate and Behavioral Change Metrics: Through pre- and post-implementation surveys, the project will quantify shifts in business practices. 3. Increased Participation in Sustainability Programs Qualitative Impacts: 1. Enhanced Community Awareness and Education: The project will cultivate a deeper understanding and awareness within the business community regarding the importance of transitioning away from single-use plastics. 2. Equity-Focused Engagement: By prioritizing culturally sensitive interactions and support, the project aims to ensure that businesses across diverse communities have equal access to resources and knowledge to make this transition. This approach addresses potential barriers to adoption and ensures that the benefits of sustainability initiatives are equitably distributed. 3. Improved Community Safety and Environmental Health: Transitioning to sustainable materials reduces environmental pollutants and contributes to a healthier community ecosystem. 4. Building Resilience Through Sustainable Practices: By encouraging businesses to adopt sustainable materials and practices, the project contributes to building a more resilient local economy. Businesses that are adaptable to environmental regulations and consumer expectations are more likely to thrive, creating a model for sustainable growth that can be replicated and scaled. 5. Feedback-Driven Continuous Improvement: Utilizing survey feedback on product satisfaction, barriers to transition, and interest in future sustainability programs, the project will identify areas for improvement and expansion. This iterative approach ensures that the initiative remains responsive to the business community's needs and continuously enhances its impact. Lastly, this program is the first stage of a long-term strategy to help businesses transition into more sustainable solutions. One of the next strategies that staff is contemplating (maybe for 2025-2026 cycle) would be the implementation of a rebate that would cover the cost (up to a certain dollar amount) of a business purchasing pre-approved sustainable materials. Additional information: -Article about City of Long Beach, California ban on styrofoam and transition phases (2018). https://lbbusinessjournal.com/news/helping-businesses-and-residents-build-a-foam-free-long-beach/ -Article about the real cost of styrofoam to environment and society. https://greendiningalliance.org/2016/12/the-real-cost-of- styrofoam/ Page 99 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:FC Moves Capital?Yes Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $57,000 $57,000 2)$0 $0 $57,000 $57,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $57,000 $57,000 2)$0 $0 $57,000 $57,000 TM 6.1 - Improve safety for all modes and users of the transportation system to ultimately achieve a system with no fatalities or serious injuries. Implement bicycle infrastructure as determined in the Active Modes plan (Laporte Ave) Cortney Geary Choose Primary Strategic Objective: This offer improves safety, particularly for cyclists, by providing dedicated bicycle facilities and filling a gap in the bicycle network. How does Offer Support Primary Strategic Objective: Title This project will fill a gap in the bicycle network by striping buffered bike lanes on Laporte Ave. from Fishback Ave. to Wood St. In conjunction with the Laporte corridor improvements from Fishback Ave. to Sunset St., which are fully funded and will be completed in 2024, this project will fill the remaining gap in bike infrastructure along Laporte Ave., providing continuous bike facilities from Overland Trail to College Ave. This project is a high priority/readiness project in the Active Modes Plan. Page 100 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ECON (Economic Health)Contact: Svc Area:Utility Services Related Offer #: Department:Utilities Customer Connections Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $35,000 $35,000 2)$0 $0 $35,000 $35,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $35,000 $35,000 2)$0 $0 $35,000 $35,000 ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Expand Scholarship Program for Builders and Building Industry to meet new industry techniques Brad Smith Choose Primary Strategic Objective: This provides needed building industry workforce education and training on zero energy construction and building efficiency that will lower building energy use, lower emissions, and enable building electrification. How does Offer Support Primary Strategic Objective: Title This project will help accelerate the education and knowledge of professional service providers in our community, and build and expand the knowledge of workforce which enables increased capacity to support local building requirements, OCF Big Move 6, and associated Council priorities. Examples will include scholarships to help with builders or contractors earning certifications and having the knowledge and traning to support new building codes. Page 101 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:T&M (Transportation & Mobility)Contact: Svc Area:Planning, Dev & Transportation Related Offer #: Department:FC Moves Capital?No Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $25,000 $25,000 2)$0 $0 $25,000 $25,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $25,000 $25,000 2)$0 $0 $25,000 $25,000 Title The Carbon Reduction Tool, developed by SLR Associates is used to help municipalities visualize how various transportation strategies can be combined to reduce emissions and achieve climate goals over different timescales. This tool has been employed in Europe and The City of Fort Collins would be a pilot City for deployment in the U.S. The Excel-based tool can be used in an interactive setting, enabling staff to elicit meaningful input from stakeholders and policymakers on strategies to reduce transportation emissions. This is a one-time cost and the tool can be used as a decision-making tool by multiple departments throughout the City. TM 6.2 - Support an efficient, reliable transportation system for all modes of travel, enhance high- priority intersection operations, and reduce Vehicle Miles Traveled (VMT). Transportation Emissions Reduction Strategy Tool development Melina Dempsey Choose Primary Strategic Objective: This tool will help us prioritize transporation projects and TDM strategies based on their ability to reduce transporation emissions. How does Offer Support Primary Strategic Objective: Page 102 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Community & Operation Services Related Offer #: Department:Natural Areas Capital? Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $300,000 $300,000 2)$0 $0 $300,000 $300,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $300,000 $300,000 2)$0 $0 $300,000 $300,000 Title The purpose of this project is to assess the health of the Cache la Poudre River (Poudre River) to inform the protection and improvement of this critical community resource. In 2017, the first-ever river health assessment and accompanying State of the Poudre River Report Card were completed for a 24-mile stretch of Poudre River from Gateway Park Natural Area near the mouth of the Poudre Canyon to the Fort Collins City Limits at I-25. This re-assessment will provide an updated snapshot of the health of the Poudre River and measure the City’s progress toward its vision of sustaining a healthy and resilient Poudre River. It provides a second data set post-Cameron Peak fire from a previous assessment effort in 2017, as well as a critical baseline prior to planned implementation of the Northern Integrated Supply Project (NISP). ENV 4.6 - Sustain and improve the health of the Cache la Poudre River and all watersheds within Fort Collins. Poudre River Health Assessment Julia Feder Choose Primary Strategic Objective: The RHAF is a critical tool for helping to identify the most appropriate and needed restoration sites along the Poudre River so the community can benefit from a healthy riparian ecosystem which includes increased carbon sequestration capacity in these restored environments. How does Offer Support Primary Strategic Objective: Page 103 Item 5. City of Fort Collins 2024 Sustainable Funding Tax Request Offer Name: Outcome:ENV (Environmental Health)Contact: Svc Area:Information & Employee Svcs Related Offer #: Department:Operation Services Capital? Offer Description: Ongoing One-Time Total Expense Fund(s):1)256 - Sustainable Funding 2050 Tax $250,000 $250,000 2)$0 $0 $250,000 $250,000 FTE (if part of the offer, identify the position and salary): # NA Salary & Benefits Salary & Benefits Salary & Benefits Ongoing One-Time Total Funding Source(s):1)256- Sustainable Funding Tax: Climate Action- 1 Time $250,000 $250,000 2)$0 $0 $250,000 $250,000 Title Install at total of 51.84 kW/DC solar PV systems (24.3 kW/DC on the fuel canopy and 27.54 kW/DC on the shop expansion) that all feed and offset the electrical use for the entire 835 Wood shop building. This system also redcues the electricity cost of the all electric addition (Groundsource Heat Pump HVAC system) of the new CNG shop space. ENV 4.1 - Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Add Solar PV System at City Facility - new fueling canopy and shop expansion at Wood Street Stu Reeve Choose Primary Strategic Objective: Directly reduces the electric energy use and supports our goal of 100% renewable electricity by 2030. How does Offer Support Primary Strategic Objective: Page 104 Item 5. Financial Services 215 N. Mason Street PO Box 580, Fort Collins, CO 80522 970-416--2439 lpollack@fcgov.com MEMORANDUM Date: April 23, 2024 To: Mayor and City Councilmembers Through: Travis Storin, Chief Financial Officer From: Jacob Castillo, Chief Sustainability Officer Dean Klingner, Community Services Director Lawrence Pollack, Budget Director Subject: April 9, 2024 Work Session Summary: 2024 Appropriation of the 2050 Tax The purpose of this memo is to document the summary of discussions during the April 9 Work Session. All Councilmembers were present. This work session item followed a previous Council Finance Committee meeting discussion and provided a summary of the ‘2050 Tax’ approved by the voters in November 2023 elections. The new 0.5% Sales and Use Tax lasts from 2024 through 2050 with 50% dedicated to Parks and Recreation, 25% to Transit, and 25% to Climate Authorization to spend these funds will occur in June at the earliest. With that in mind, staff associated with these proposals focused primarily on shovel-readiness of projects and turnkey/scaling ability on programming based on our current service offerings. There are not new programs being proposed with these funds in 2024; that may occur in the BFO process for the 2025-26 Budget. Follow-up from Parks and Recreation: Additional detail was requested about the proposed uses of the tax revenue and the information is provided below. For 1st Reading, the $5.3M request will be submitted as 3 separate proposals, as outlined.  The implementation of the Parks and Recreation funding is based on the assessment and prioritization in the Parks Infrastructure Replacement Program (link: https://www.fcgov.com/parks/files/fort-collins-parks-infrastructure-replacement-program- management-plan_compressed.pdf) and proposed work to bring the current understanding of the Recreation Facilities needs up to the same level of detail and maturity.  Based on the April 9th WS conversation, Staff heard general support for the proposed offer and the request for a more detailed understanding of what will be done. Staff proposes to: o Break out the proposed 2024 funding into the following categories: (1) Building Capacity. $550k. This offer will fund the necessary steps to begin to staff and design a dedicated Asset Management team within the Park Planning and Development Team. This offer will also scope and fund the necessary asset evaluation and planning necessary to fully understand and plan the needs for the Recreation Facilities.  Key Outcomes: Page 105 Item 5. o Phase 1 of hiring the staff necessary to stand up the programs. Includes 4.0 FTE. Completion of Recreation Asset Management Plan and integration into the Parks IRP (estimated date of completion: 2025). (Essentially create an integrated Parks and Recreation Asset Management Plan to inform future investments for the P&R portion of the 2050 tax. o Create Program Accountability and Reporting mechanisms. (2) Accelerate Existing Infrastructure Program and Preventative Maintenance Investments. $750k. This offer seeks to deliver some improvements to Parks as quickly as possible. This means utilizing existing programs and contractors and prioritizing projects with little to no planning or design requirements.  Key Outcomes: o Focus on safety issues, continued preventative maintenance projects, projects of opportunity based on partnerships or construction optimization. o Funds will be appropriated as lapsing, so any funds we do not expend or encumber this year will fall back to reserves and require future council action to reappropriate.  Potential Project Examples o Sheldon/PV&L raw water lateral pipe lining o Rolland Moore Ballfields regrading o Playground surfacing preventative maintenance and playground repairs o ADA scoping o Greenbriar Tennis & Basketball Court replacement o Foothills Activity Center Door o Senior Center Office Security o Northside Aztlan Center – Front Desk Renovation; Volleyball Net Replacements; Childcare Outdoor Play Area (2024-25) (3) Transform Scale of Projects Delivered. $4M. This offer funds the investments necessary to complete larger projects in future years. This includes program design and strategy, program planning and coordination, design development, and procurement. This work needs to start as soon as possible since larger projects may have design development schedules of multiple years. Although much of these funds will not be expended in 2024, this appropriation allows procurement processes to start.  Key Outcomes: o Focuses on backlog of deferred maintenance projects as listed in the Top 40 Page 106 Item 5.  Projects of opportunity may mean that additional assets are added to the scope of the Top 40 o Delivery timeframe of larger projects is dependent on an integrated reserves and bonding strategy for the SE Community Center. o Scale of projects or change in use dictates public outreach for many of these projects.  Example Potential Projects o Planning and design work initiated for Rolland Moore Tennis Center and playground o Planning and design work for initiated for Mini Park Refresh Projects (3): Alta Vista, Freedom Square, Romero o Ridgeview Playground Replacement initiation o Scoping of Landings planning outreach and design  Starting this work now allows the potential for projects such as those listed below to be completed within 1-3 years: o Construction for Rolland Moore o Construction for 1-2 Mini Parks o Construction for Landings Park o Skatepark Planning and design work (Old Fort Collins Heritage, Edora, Spring Canyon) o Pedestrian bridge improvements Follow-up from Transit: Not applicable Follow-up from Climate: Council members shared appreciation for the diverse array of projects put forward for funding by the climate portion of the 2050 Tax. This reflects how the Our Climate Future (OCF) framework approaches climate action at a holistic, systems level with a focus on mitigation, resilience, and equity in near and long-term time scales. Questions and curiosities were raised about clearly describing the nexus between recommended Offers and the voter-approved ballot language, as well as a request to provide quantifiable emissions reductions, where possible. While there was general understanding that GHG reductions per dollar invested is not the only way to measure project impacts, the table in Attachment #1 summarizes the Offers, estimated GHG reductions, and linkages to the ballot language. Councilmembers asked specifically about two Offers, including connection to the intent of the ballot measure and appropriate funding source. Additional context is provided here:  Comprehensive exterior lighting retrofits to City Recreation Centers o Recreation Centers, as with all City buildings, are maintained by the Operation Services Department, not the Recreation Department Page 107 Item 5. o Exterior lighting replacement with high-efficiency bulbs directly reduces energy use and GHG emissions, while also complying with night sky standards o Retrofit of existing exterior lighting systems at these facilities is estimated to reduce annual GHG emissions by 24 MTCO2e in 2030, with lifetime savings of 373 MTCO2e  Grants to offset utility fees for affordable housing developments o Funds will subsidize costs of utility-related development fees for affordable housing projects to move towards all-electric infrastructure o Directly subsidizing investment in energy efficiency and electrification improvements for affordable housing projects reduces barriers and makes it more economically feasible for affordable housing providers to include infrastructure such as additional electrical capacity, EV charging, and on-site renewables The majority of the Offers advance OCF Big Move 4 (Convenient Transportation Choices) and OCF Big Move 6 (Efficient, Emissions-free Buildings). Progress on these two Big Moves directly impacts emissions reductions from electricity, natural gas use, and gas-powered vehicles, which are the biggest contributors to the community wide GHG inventory. Councilmembers provided feedback on the “elective” Offers to include the Poudre River Health Assessment and to explore Natural Areas Department funding for the other two. The 2024 funds will invest in projects that are shovel-ready and able to be completed within the second half of this year, presuming Council adoption being effective in June. The 2025-26 recommended budget will build on this process, including Offers to scale and accelerate climate investments from the 2050 Tax to advance towards adopted goals. Page 108 Item 5. 4/15/2024 BM Planned Action - Project Description of Climate and Air Pollution Impact Estimated GHG Reduction* (lifetime** MTCO2e) Estimated GHG Reduction* (MTCO2e in 2030) 4 Implement bicycle infrastructure as determined in the Active Modes plan (Centre Ave) reduction of VMT and therefore fuel usage (GHG and non-GHG air pollutants) ~2,120 - 10,680 ~100 - 515 4 Implement bicycle infrastructure as determined in the Active Modes plan (Laporte Ave) reduction of VMT and therefore fuel usage (GHG and non-GHG air pollutants) ~2,480 - 12,660 ~120 - 600 4 Mobility Hubs Plan development foundational / needed next step for reduction of VMT by making active modes and transit trips easier foundational*** foundational 4 Transportation Emissions Reduction Strategy Tool development foundational / needed next step for reduction of VMT by being able to better prioritize and estimate impacts of transportation- related projects foundational foundational 6 Comprehensive exterior lighting retrofits at City Recreation Centers increased efficiency and resulting reductions in electricity usage 373 24 6 Expand Mobile Home Park Mini-grant through Neighborhood Services supports residents in increasing energy efficiency in their homes (reducing electricity and/or natural gas use) ~2,450 ~125 6 Fund Healthy Homes Program supports residents in reducing indoor air pollutants and increasing energy efficiency in their homes (reducing electricity and/or natural gas use) ~100 ~5 6 Introduce new capital for utilities Epic Loans program foundational / needed next step for increasing efficiency of buildings and therefore reducing electricity and natural gas use ~925 ~70 6 Identify and determine critical support needed to upgrade under-resourced buildings, focusing on commercial / multi-family buildings foundational / needed next step for increasing energy efficiency of buildings and therefore reducing electricity and natural gas use foundational foundational 7 Launch grants to offset utility fees for affordable housing development, particularly electric and water makes energy efficient development more economically feasible for affordable housing providers; has potential to reduce VMT by making it easier for people to live and work in the same community foundational foundational 9 Expand Scholarship Program for Builders and Building Industry to meet new industry techniques and future codes foundational / needed next step for increasing efficiency of buildings and therefore reducing electricity and natural gas use foundational foundational Greenhouse Gas Emissions Impact Summary Page 109 Item 5. 10 Business support for plastic and styrofoam transition through NocoBIZ Connect supports a transition to a circular economy foundational foundational 11 Poudre River Health Assessment supports carbon sequestration through improved soil and riperian health ~20,000 de minimus 12 Repair Riverside Community Solar Array increases renewable electricity 7,832 490 12 Add Solar PV System at City Facility - new fueling canopy and shop expansion at Wood Street increases renewable electricity 540 19 13 Replace existing Parks Utility Carts with electric Utility carts reduces fuel use and therefore reduces GHG and non-GHG air pollutants ~100-200 ~5-10 Please note that the summary provided to Council on Tuesday, April 9th only included the high confidence estimates.Key *100 MTCO2e is approx. equivalent to the emissions generated from 13 single-family homes' energy use in one year (EPA Equivalencies Calculator)high confidence ** In these calculations, "lifetime" varies from 15-25 years , depending on the project.medium confidence *** Our Climate Future defines "foundational" as a necessary next step to for future GHG reduction.low confidence Page 110 Item 5. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Meaghan Overton, Housing Manager Clay Frickey, Planning Manager SUBJECT First Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from the Local Planning Capacity Grant for the Affordable Housing and Planning Development Process Improvement Project and Approving a Related Grant Agreement. EXECUTIVE SUMMARY The purpose of this item is to appropriate awarded funds from the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State Department of Local Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month process improvement project intended to reduce development review timelines for affordable housing developments to meet Proposition 123’s 90-day “fast track” approval requirements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In February 2024, staff applied for a $200,000 grant from the Local Planning Capacity (LPC) grant program administered by the Department of Local Affairs (DOLA). In March 2024, staff received notification that the City’s grant application had been awarded full funding. To begin the project, Council must appropriate the awarded funds. This project, “Fast Track LEAN Process Improvements,” seeks to reduce approval timelines for affordable housing by approximately 50% compared to Fort Collins's baseline approval averages from 2019-2023. Staff plans to achieve this goal through both land use code changes (expected May 2024) and a formal process improvement project utilizing LEAN principles (12–18-month project timeline). Funding will support consultant expertise in LEAN principles and project management, which are critical for a project that seeks to implement process improvement among the 15+ departments involved in development review. Upon completion, Fort Collins will be poised to consistently achieve the 90-day Fast Track requirements under Proposition 123. This project is aligned with and will be managed concurrently with the Development Review Digital Transformation project. The LPC grant program was established by Proposition 123, the State Affordable Housing Fund, and is one of several new funding programs available through DOLA. The program supports local government efforts to implement systems that expedite the development review process for affordable housing. These funds can also support local government capacity to achieve local affordable housing goals and maintain Page 111 Item 6. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 eligibility for Proposition 123 funding. The City’s project proposal for the LPC grant program was reviewed based on a variety of factors including readiness, impact on housing, support from local leadership, and local context. Fort Collins has made a local commitment under Proposition 123 which makes the City and its partners eligible to apply for Proposition 123 funds. This most recent award brings Fort Collins’ total Proposition 123 funding to nearly $5 million to date across multiple projects in less than 2 years:  $200,000 - Fast Track LEAN Process Improvement (Local Planning Capacity grant program, 2024)  $1.6 million - Housing Catalyst’s Village on Eastbrook (Land Banking grant program, 2024)  $3.1 million - Several awards to partners including Outreach Fort Collins, Homeward Alliance, Fort Collins Rescue Mission, and the Matthews House (Transformational Homelessness Response grant program, 2023) CITY FINANCIAL IMPACTS The $200,000 grant will be appropriated into the General Fund. This grant requires a 21% local match, which has already been integrated into the project scope and budget for software expenses as part of the development review and permitting digital transformation project. The grant is reimbursement-based. There is no ongoing financial impact to the City. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration 2. Exhibit A to Ordinance 3. Grant Award Letter Page 112 Item 6. -1- ORDINANCE NO. 059, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL PLANNING CAPACITY GRANT FOR THE AFFORDABLE HOUSING AND PLANNING DEVELOPMENT PROCESS IMPROVEMENT PROJECT AND APPROVING A RELATED GRANT AGREEMENT A. In February 2024, the City applied for a $200,000 grant from the Local Planning Capacity (“LPC”) grant program administered by the Department of Local Affairs (“DOLA”). The LPC grant program was established by Proposition 123, the State Affordable Housing Fund and supports local governments’ efforts to implement systems that expedite the development review process for affordable housing. B. In March 2024, staff received notification that the City’s grant application had been awarded full reimbursement funding, subject to a 21% match requirement. DOLA has provided the City with a draft grant agreement (“Agreement”) to govern the grant funding, which is attached hereto as Exhibit “A”. C. This Grant will be used to help reduce approval timelines for affordable housing by approximately 50% compared to Fort Collins's baseline approval averages from 2019-2023 (“Project".). Staff plans to achieve this goal through both land use code changes and a formal process improvement project utilizing LEAN principles. Grant funding will support consultant expertise in LEAN principles and project management, which are critical for a project that seeks to implement process improvement among the more than fifteen departments involved in development review. Upon completion, Fort Collins will be poised to consistently achieve the 90 -day Fast Track requirements under Proposition 123. D. The state of Colorado issued the Agreement, which grants an award of $200,000 to the City for the Project. The Agreement includes a 21% City match requirement of the total Project cost and such funds were previously appropriated. E. This appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving the efficiency of the City’s administrative processes relating to affordable housing development. F. 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. G. 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. Page 113 Item 6. -2- H. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or 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 federal, state or private grant or the City’s expenditure of all funds received from such grant. I. The City Council wishes to designate the appropriation herein for the Local Planning Capacity Grant 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 such grant. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new revenue or other funds in the General Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be expended in the General Fund for the Affordable Housing and Planning Development Process Improvement Project. Section 2. The appropriation herein for the Local Planning Capacity 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 continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Section 3. The City Council authorizes the City Manager or their designee to accept the grant and obligate the City to comply with the terms of the grant of the award and Agreement. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ted Hewitt Page 114 Item 6. State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency Department of Local Affairs (DOLA) DLG Portal Number LPC-24-010 CMS Number 190603 Grantee City of Fort Collins Grant Award Amount $200,000.00 Retainage Amount $10,000.00 Project Number and Name LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Performance Start Date The later of the Effective Date or April 22, 2024 Grant Expiration Date December 31, 2025 Project Description The Project consists of upgrading development review software and hiring consultants to support Lean process improvements across City departments in order to implement a system to expedite the development review process for affordable housing projects and generally advance affordable housing goals in Fort Collins, Colorado. Program Name Local Planning Capacity Grant Program (Acctg Dropdwn LPC) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Program Manager Robyn DiFalco, (720) 682-5202, (robyn.difalco@state.co.us) Funding Account Codes Acctg enters CTGG1 # DOLA Program Assistant Jessica Rupe, (720) 557-4902, (jessica.rupe@state.co.us) VCUST# 14149 Address Code AD004 EFT THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS 0BPROGRAM REVIEWER 1B_______________________________________________ 2BBy: Robyn DiFalco, LPC Program Manager 3BDate: __________________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director ______________________________________________ By: Maria De Cambra, Executive Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate (the “Effective Date”). STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Beulah Messick, Controller Delegate Department of Local Affairs Effective Date:_____________________ EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 115 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 2 of 13 Version 12 2023 TERMS AND CONDITIONS 1.GRANT As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates and awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2.TERM A.Initial Grant Term and Extension The Parties’ respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B.Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out- of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C.Reserved. 3.AUTHORITY Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows: A.Reserved. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 116 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 3 of 13 Version 12 2023 B. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. Section 29-32- 103(1) et. seq. (Affordable Housing Support Fund) and a sufficient unencumbered balance hereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with State funds. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Budget” means the budget for the Work described in Exhibit B. B. “Business Day” means any day on which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. Reserved. D. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. E. “Grant” or “Intergovernmental Grant Agreement” means this agreement which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. F. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. G. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. H. “Performance Start Date” means the later of the Performance Start Date or the Effective Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. I. “Exhibits” means the following exhibits attached to this Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter J. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. K. Reserved. L. Reserved. M. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 117 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 4 of 13 Version 12 2023 N. “Incident” means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. O. “Initial Term” means the time period between the Performance Start Date and the initial Grant Expiration Date. P. “Matching Funds” or “Other Funds” means funds provided by the Grantee as a match required to receive the Grant Funds. Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. R. Reserved. S. Reserved. T. Reserved. U. Reserved. V. “Services” means the services performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. W. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. Y. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. Reserved. BB. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. CC. Reserved. DD. Reserved. EE. Reserved. FF. “Work” means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 118 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 5 of 13 Version 12 2023 GG. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. PURPOSE The purpose of the Local Planning Capacity Grant Program is to increase the capacity of local government planning departments responsible for processing land use, permitting, and zoning applications for affordable housing projects. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Reserved. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the “Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 119 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 6 of 13 Version 12 2023 D. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B. The State shall only reimburse allowable costs if those costs are: (a) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State. F. Erroneous Payments The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 8. REPORTING – NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 120 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 7 of 13 Version 12 2023 the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card information) Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all protected health information (PHI) and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 121 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 8 of 13 Version 12 2023 Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding Personally Identifiable Information (PII) If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute, on behalf of itself and its employees, the certification on an annual basis, attached as an exhibit, if applicable. Grantee’s duty and obligation to certify as set forth in the exhibit shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 122 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 9 of 13 Version 12 2023 from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion. The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 123 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 10 of 13 Version 12 2023 condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 18. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 124 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 11 of 13 Version 12 2023 G. Order of Precedence In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions in §19 of the main body of this Grant; ii. Any executed Option Letter and Amendment; iii. The provisions of this Intergovernmental Grant Agreement; and iv. The provisions of any exhibits to this Intergovernmental Grant Agreement. H. Severability The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L. Accessibility i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended. ii. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 125 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 12 of 13 Version 12 2023 iii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Grantee’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. M. Reserved. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) A. STATUTORY APPROVAL. §24-30-202(1) C.R.S. This Intergovernmental Grant Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Intergovernmental Grant Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 126 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 13 of 13 Version 12 2023 F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Intergovernmental Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Intergovernmental Grant Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Intergovernmental Grant Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Intergovernmental Grant Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Intergovernmental Grant Agreement, including, without limitation, immediate termination of this Intergovernmental Grant Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Intergovernmental Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 127 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 1 of 5 EXHIBIT B – SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Local Planning Capacity. The purpose of the Local Planning Capacity (LPC) grant program is to provide funding to local governments to increase the capacity of their planning departments responsible for processing land use, permitting, and zoning applications for housing projects. “Fast Track” or expedited review of affordable housing projects is a top priority to increase the number of units built. Grant Funds may be used support new staff wages, hiring consultants, implementing new systems and technologies, revising land use development codes, regional collaborations, and tracking and documentation of Prop 123 goals. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of upgrading development review software and hiring consultants to support Lean process improvements across City departments in order to implement a system to expedite the development review process for affordable housing projects and generally advance affordable housing goals in Fort Collins, Colorado. 2.2. Work Description. The City of Fort Collins (Grantee) will hire qualified consultants, with expertise in Lean principles and project management, to explore process improvements across City departments in order to implement an expedited review process for affordable housing. Work includes auditing existing conditions, presenting findings, making recommendations, staff training, and implementation of process improvements. Additional Work includes upgrades to development review software as part of the City’s development review digital transformation project. Grantee may also conduct targeted stakeholder engagement activities related to some of the Project elements, where applicable. The Grantee will complete quarterly performance metric reporting in a form provided by DOLA. Additionally, at Project Closeout, a Final Informal Memo will be submitted that identifies the following: 1) description of the Grantee’s approach to expedited review of affordable housing; 2) the outcome of that effort, including whether new policies were formally adopted and an assessment how effectively this approach has been at reducing the amount of time required for review; 3) any other project outcomes that impacted the Grantee’s Prop 123-related goals; 4) description of community engagement efforts; 5) the number of affordable housing units that were either permitted or preserved during the grant period; 6) the degree to which this grant has had a transformative impact on Grantee’s affordable housing efforts; and 7) any lessons learned. Grantee will own all resulting documents. 2.2.1. A contract for consultant services shall be awarded by Grantee to a qualified firm through a formal Request For Proposals or competitive selection process. 2.2.2. A contract for the purchase or acquisition of materials or equipment shall be awarded by Grantee to a qualified vendor or firm through a competitive selection process with the Grantee being obligated to award the contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 2.2.3. During a period of ten (10) years following the date of closeout of the Project by the State, the Grantee may not change the ownership of the equipment. If the Grantee decides to change the ownership of the equipment to an entity which the State determines does not qualify in meeting the original intent of the Project, the Grantee must reimburse to the State an amount equal to the current fair market value of the equipment, less any portion of the value attributable to expenditures of non-LPC grant funds for acquisition of and improvements to, the equipment. At the end of the ten (10) year period following the date of completion and thereafter, no State restrictions on ownership of the equipment shall be in effect. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 128 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 2 of 5 DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: consultant fees, RFP/bid advertisements, equipment and software acquisition costs, freight costs, hardware, software and training costs, installation costs, and attorney’s fees. 2.5.1. Direct costs are those that are identified as program-specific allowable costs of implementing the grant program objective. 2.5.2. Ineligible Expenses. Ineligible expenses shall include, but are not limited to,: job posting or recruitment costs, indirect overhead or general operating costs, housing construction, pre- development costs, lobbying, food, drink, or entertainment costs. Grant Funds may not be used to cover legal costs to defend. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Consultant Services” means consultant fees, RFP/bid advertisements, and attorney’s fees. 3.1.2. “Equipment, Software Acquisition” means freight costs, RFP/Bid advertisement costs, hardware, software and training costs, installation costs, and attorney’s fees. 3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completion of the development review software upgrade, documentation/reports associated with the process improvement efforts, implementation of a system to expedite the development review process for affordable housing projects and / or achieve Proposition 123 requirements in Fort Collins, Colorado, and a completed Final Informal Memo, submitted to DOLA. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Fort Collins, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: By: Provide DOLA with baseline data on estimated review time for affordable housing projects. DOLA will provide the template. Within 30 days after the Effective Date of this Intergovernmental Grant Agreement. Begin procurement process or Contractor mobilization. Within 90 days after the Effective Date of this Intergovernmental Grant Agreement. Provide DOLA with a copy of Grantee’s Consultant Agreement or its Scope of Work. Within 14 days after the Effective Date of the subcontract(s). Documentation of efforts to explore, adopt, and/or implement policies to expedite review of affordable housing. Within 30 days after the Policy adoption. Submit draft deliverables (land use/zoning code or policy updates, reports/analysis/studies) to DOLA for review prior to adoption. Within 7 days prior to a scheduled public hearing. Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 129 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 3 of 5 Submit Project Final Report March 31, 2026 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. DOLA will verify the Grantee’s contribution of “Other Funds” and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes 3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes 4th (Oct-Dec) 2024 January 30, 2025 Yes Yes 1st (Jan-Mar) 2025 April 30, 2025 Yes Yes 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes 3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes 4th (Oct-Dec) 2025 January 30, 2026 Yes Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Clay Frickey, Planning Manager, (cfrickey@fcgov.com), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 130 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 4 of 5 Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. Meaghan Overton, Housing Manager, (moverton@fcgov.com). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Program Manager: Robyn DiFalco, (720) 682-5202, (robyn.difalco@state.co.us). 5.5. DLG Program Assistant: Jessica Rupe, (720) 557-4902, (jessica.rupe@state.co.us). 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 21% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B. 6.2. Budget Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category 1 Consultant Services $200,000 $200,000 $0 Grantee 2 Equipment, Software Acquisition $55,000 $0 $55,000 Grantee Total $255,000 $200,000 $55,000 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount Interim Payment(s) $190,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $10,000 Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total $200,000 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 131 Item 6. LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements Page 5 of 5 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A TO ORDINANCE NO. 059, 2024 Page 132 Item 6. March 8, 2024 The Honorable Jeni Arndt, Mayor City of Fort Collins PO Box 580 Fort Collins, CO, 80522 RE: LPC Grant Award #LPC-24-010 Fort Collins Fast Track LEAN Process Improvements Dear Mayor Arndt: Congratulations! After thorough review, I am excited to offer a Local Planning Capacity grant award in the amount of $200,000 to support the City of Fort Collins’ project “Fast Track LEAN Process Improvements.” This new grant program was established by Proposition 123, the State Affordable Housing Fund and is one of several new funding programs available through the Department of Local Affairs (DOLA). The program supports local government efforts to implement systems that fast track or expedite the development review process for affordable housing. These funds can also support local government capacity to achieve local affordable housing goals and maintain eligibility for Proposition 123 funding. Your project was reviewed based on a variety of factors including readiness, impact on housing, support from local leadership, and local context. DOLA Program staff are available at any point for assistance as needed with your project. We support your efforts and are excited to share your results with other local governments, the Governor's Office, and the legislature. Please contact the LPC Program Manager, Robyn DiFalco, robyn.difalco@state.co.us, for additional information on how to proceed with contracting. Please refrain from spending grant funds until a grant agreement is fully executed. Activities that occur prior to grant execution cannot be reimbursed. I wish you success with your project. Thank you for advancing efforts to build more attainable and affordable housing across the state. Sincerely, Maria De Cambra Executive Director cc: Joanna Ginal, State Senator Boesnecker Andrew, State Representative Clay Frickey, City of Fort Collins Planning Manager Meaghan Overton, City of Fort Collins Housing Manager Chris La May, DLG Regional Manager Page 133 Item 6. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Emily Wegner, Lead Specialist, Environmental Sustainability, Environmental Services SUBJECT First Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue Received Through City Give for Environmental Services Curbside Recycling. EXECUTIVE SUMMARY The purpose of this item is to appropriate an award of approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s Residential Contracted Trash and Recycling Program and to support recycling outreach and education for the community. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Residential Contracted Trash and Recycling collection program will begin on September 30, 2024, and include weekly single-stream curbside recycling collection for approximately 41,500 households within City limits. The Environmental Services Department in the Sustainability Services Area received a grant from the Recycling Partnership totaling approximately $622,500 to support the purchase of recycling carts and an additional $41,500 to support additional recycling outreach and education. In addition to the cash grants, Recycling Partnership will provide access to resources, time, and other in ‐ kind services at an estimated value of up to $125,000. The purpose of these in-kind services is to support the City’s public recycling program through technical support, including strategic planning, program assessment, measurement activities, and education and outreach. The City through their trash and recycling contractor, Republic Services, will distribute recycling carts to residents. Grant funding will help offset the cost of purchasing and distributing one (1) recycling cart to each eligible household. Customers’ service rates have been reduced by $0.25/month to account for the grant funding. Republic Services will make the initial purchase of all carts for the program, including the recycling carts under the Grant Agreement. Republic Services will invoice the City for the amount of the grant and recover the remaining cost of the carts by amortizing the cost over the life of the recycling services contract. Page 134 Item 7. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 Ownership of the carts will transfer from Republic Services to the City upon expiration or termination of the City’s contract with Republic Services. The City’s responsibilities include but are not limited to:  The recycling carts, embedded RFID tags, must be manufactured with a minimum of five percent (5%) residential post-consumer recycled plastic content based on the weight of the entire mass of the body, lid, and wheels.  The development and implementation of an education program utilizing the City’s website, digital and print material content, and supported events. The goal of the education program is to communicate the cart delivery schedule, acceptable recyclable materials in the new program, and the recycling collection schedule.  The production and distribution of educational materials with the delivery of new recycling carts.  Utilization of program analysis and measurement activities. The Recycling Partnership is a mission driven non-governmental organization that works to unlock the environmental and economic benefits of recycling. For nearly a decade, Recycling Partnership has reached millions of households, diverted hundreds of millions of incremental pounds of valuable recyclables from landfills, delivered hundreds of thousands of recycling carts, and has led innovative recycling systems change. CITY FINANCIAL IMPACTS This item appropriates $664,000 in philanthropic revenue to support the City’s curbside recycling collection system and community engagement as designated by the donor. The award from Recycling Partnership is a reimbursement award; the City will provide documentation accompanied by reasonable and appropriate summaries of expenses paid outlined in the Agreement. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration Page 135 Item 7. -1- ORDINANCE NO. 060, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR ENVIRONMENTAL SERVICES CURBSIDE RECYCLING A. The City’s residential waste collection program (the “Program”) will begin on September 30, 2024, and include weekly single -stream curbside recycling collection for approximately 41,500 households within City limits. B. The City has been awarded a reimbursement -based grant from The Recycling Partnership totaling approximately $622,500 to support the purchase of recycling carts and an additional $41,500 to support additional recycling outreach and education (the “Grant”). In addition to the Grant, The Recycling Partnership will provide the City access to resources, time, and other in‐kind services at an estimated value of up to $125,000. C. The Grant will be used to purchase recycling carts delivered to residents as part of the Program. Republic Services, the City’s contracted waste hauler, will make the initial purchase of all carts for the Program, including recycling carts. Republic Services will invoice the City for the amount of the Grant dedicated to purchasing recycling carts and recover the remaining cost of the carts by amortizing the cost over Republic Services’ five-year contract with the City. Program customers will receive a discount on their bill of $0.25 per month to reflect the value of the Grant funding. Ownership of the carts will transfer from Republic Services to the City upon expiration or termination of the City’s contract with Republic Services. D. This appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving and economizing recycling services offered to City residents. E. 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 from such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. F. 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. G. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or 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 federal, Page 136 Item 7. -2- state or private grant or donation or the City’s expenditure of all funds received from such grant or donation. H. The City Council wishes to designate the appropriation herein for Environmental Services Curbside Recycling as an appropriation that shall not lapse until the earlier of the expiration of the grant or donation or the City’s expenditure of all funds received from such grant or donation. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF TH E CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new Philanthropic Revenue in the General Fund the sum of SIX HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($664,000) to be expended in the General Fund for curbside recycling collection. Section 2. The appropriation herein for Environmental Services Curbside Recycling 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 continue until the earlier of the expiration of the grant or donation or the City’s expenditure of all funds received from such grant or donation. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ted Hewitt Page 137 Item 7. May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Director SUBJECT First Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and Unanticipated Philanthropic Revenue 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 $58,235 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City 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. The City received several individual philanthropic donations supporting various departments totaling $58,235 and 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. These gifts represent a range of support for City programming and services: 9-11 Memorial, Visual Arts, Restorative, Forestry, FC Moves, and the Youth Golf Scholarship Fund. Page 138 Item 8. CITY FINANCIAL IMPACTS This Ordinance will appropriate $4,815 received in 2023 being appropriated from prior year reserves, and $53,420 in new philanthropic revenue received in 2024 through City Give for gifts to various City departments support a variety of programs and services. The donations shall be expended from the designated fund solely for the donor’s directed intent. From Prior Year Reserves: Capital Projects Fund $2,800 General Fund $2,015 From New Unanticipated Philanthropic Revenue: General Fund $14,920 Golf Fund $27,000 Transportation Services Fund $1,500 Capital Projects Fund $10,000 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 designated City Fund and will not cause the total amount appropriated in those Funds to exceed the current estimate of actual and anticipated revenues. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration Page 139 Item 8. -1- ORDINANCE NO. 061, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND SERVICES AS DESIGNATED BY THE DONORS A. In 2023, the City received seven donations totaling $4,815 and since the beginning of 2024, nineteen donations totaling $53,420 to be used for various City programs and services. B. The donors have directed these donations to be used solely by the City for certain designated uses. C. As acknowledged by Section 2.5 of the City’s Fiscal Management Policy 2 – Revenue approved by City 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 (the “City Give Policy”). D. 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. E. 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 solely as directed by each donor. F. Article V, Section 9 of the City Charter permits the City Council, upon the 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 G. 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. H. The City Manager has recommended the appropriations described in Sections 1 and 2 of this Ordinance and determined that the amount of each of these appropriations is available and previously unappropriated from the funds named in Sections 1 and 2 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. Page 140 Item 8. -2- I. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds, a federal, state or 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 donation or the City’s expenditure of all funds received from such donation . J. The City Council wishes to designate the appropriation herein for various City Give donations as an appropriation that shall lapse at the end of this fiscal year, except for the appropriation from the Golf Fund for a golf scholarship, which shall be non - lapsing. K. 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 benefitting the public’s health, safety and welfare. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from the following funds these amounts of philanthropic revenue held in prior year reserves to be expended as designated by the donors: Capital Projects Fund $ 2,800 General Fund $ 2,015 Section 2. There is hereby appropriated from the following funds these amounts of philanthropic revenue received in 2024 to be expended as designated by the donors: Capital Projects Fund $ 10,000 General Fund $ 14,920 Transportation Services Fund $ 1,500 Golf Fund $ 27,000 Section 3. As authorized in Article V, Section 11 of the City Charter, the appropriations herein for various City Give donations are hereby designated as appropriations that shall lapse at the end of this fiscal year; provided, however, that the appropriation herein from the Golf Fund for a golf scholarship donation is hereby designated as an appropriation that shall not lapse at the end of the fiscal year but shall Page 141 Item 8. -3- continue until the earlier of the expiration of the donation or the City’s expenditure of all funds received from such donation. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ryan Malarky Page 142 Item 8. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Nina Bodenhamer, City Give Director SUBJECT First Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue Received Through City Give for the Art in Public Places Program, Pianos About Town Project. EXECUTIVE SUMMARY The purpose of this item is to consider an appropriation of $47,115 in philanthropic revenue received through City Give for the Art in Public Places program for the designated purpose of Pianos About Town, a collaborative effort among the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian Foundation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Pianos About Town is a collaboration between the City’s Art in Public Places program (APP), the Downtown Development Authority's Art in Action program, and Bohemian Foundation. The project involves local artists painting or artistically decorating pianos at the Art in Action tent in Old Town Square where the public can watch the creative process and interact with the artists. Pianos About Town contributes to the vibrancy of Fort Collins, making art and music fun and accessible for all. These colorfully painted pianos are rotated throughout Fort Collins for the public to enjoy as both musical instruments and works of art. The $47,115 in philanthropic revenue is the second partial award toward a total 2023/2024 grant of $94,301. The first pianos were placed in Old Town in 2010. Since then, more than 130 donated pianos have been decorated and placed into rotation at sites throughout Fort Collins. The painting and decorating of pianos takes place throughout the year but is moved to indoor venues during the winter months. Area businesses play a key role in the success of the project by "adopting" the painted pianos and covering them during inclement weather. The City’s responsibilities for the funding include but are not limited to: annually acquiring, repairing, pre - painting preparing, and tuning twelve to thirteen pianos; the coordination of placement, moving and piano tuning; working with appropriate City departments, the DDA and property owners on logistics for placing pianos in desired locations; selecting and managing the visual artists; managing logistics with area partners Page 143 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 or other entities to cover and uncover pianos; and collaborating with Bohemian Foundation to host Pianos About Town related events. The grant is awarded by Bohemian Foundation, a Fort Collins-based private family foundation that supports local, national, and global efforts to build strong communities. Funding for Equity Indicators was awarded by Bohemian Foundation’s Community Programs which is committed to the care and enrichment of our local community. CITY FINANCIAL IMPACTS If adopted, this Ordinance will appropriate $47,115 in unanticipated philanthropic revenue in the Cultural Services and Facilities Fund for the Art in Public Places program. The funds have been received and accepted per City Give Administrative and Financial Policy. The City Manager recommends the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Cultural Services and Facilities Fund and will not cause the total amount appropriated in the Cultural Services and Facilities Fund to exceed the current estimate of actual and anticipated revenues to be received in the Cultural Services and Facilities Fund during this fiscal year. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration Page 144 Item 9. -1- ORDINANCE NO. 062, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR THE ART IN PUBLIC PLACES PROGRAM, PIANOS ABOUT TOWN PROJECT A. The Pianos About Town project was started by the City’s Art in Public Places (APP) program in 2010 and involved local artists painting or decorating pianos in Old Town Square, with the finished pianos being rotated throughout Fort Collins for the public to enjoy. B. Pianos About Town is now a collaboration between APP, the Downtown Development Authority’s Art in Action Program, and Bohemian Foundation . C. Bohemian Found has donated $47,115 to support Pianos About Town in 2024, and this Ordinance would appropriate the donated funds for that purpose . D. This appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of contributing to the vibrancy of Fort Collins by making art and music fun and accessible for all. E. 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 from such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. F. The City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Cultural Services and Facilities Fund and will not cause the total amount appropriated in the Cultural Services and Facilities 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. G. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or 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 federal, state or private grant or donation or the City’s expenditure of all funds received from such grant or donation. H. The City Council wishes to designate the appropriation herein for Pianos About Town donation as an appropriation that shall not lapse until the earlier of the expiration of the grant or donation or the City’s expenditure of all funds received from such grant or donation. Page 145 Item 9. -2- In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from New Philanthropic Revenue in the Cultural Services and Facilities Fund the sum of FORTY-SEVEN THOUSAND ONE HUNDRED FIFTEEN DOLLARS ($47,115) to be expended in the Cultural Services and Facilities Fund for Pianos About Town. Section 2. The appropriation herein for Pianos About Town 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 continue until the earlier of the expiration of the grant or donation or the City’s expenditure of all funds received from such grant or donation. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ted Hewitt Page 146 Item 9. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Jim Lenderts, Marijuana Enforcement Officer, Police Services Zack Mozer, Financial Analyst SUBJECT First Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement Grant Program for the Fort Collins Police Services Marijuana Enforcement Program. EXECUTIVE SUMMARY The purpose of this item is to support Fort Collins Police Services’ Marijuana Enforcement Program in investigating gray and black-market marijuana cases by appropriating $39,641 of unanticipated grant revenue from the Colorado Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION “Gray Market” is a term that refers to marijuana grown legally then sold in a way that would be illegal. An example would be where someone has a medical card with an “extended plant count” which may allow them to grow up to 99 plants, but instead of using the product for their own medical needs, they sell it on the black market either locally to minors or someone in another state. For the past five years, the State has made grant funding available to help address unlicensed and illegal marijuana activity in Colorado. In 2023, Police Services received $32,339 and continue to investigate complaints of illegal residential cultivation operations and unlicensed smoke shops selling synthetic marijuana to minors. On January 25, 2024, the City was awarded $39,641 through DOLA Gray and Black-Market Marijuana Enforcement Grant Program for the purpose of investigating these cases of illegal marijuana cultivation and distribution outside the legal, licensing framework. Use of this grant funding and investigations has not only addressed criminal activity but also improved neighborhood livability and provided insight into the level of unlicensed/illegal marijuana activity in the community. With additional insight and knowledge, Police Services can address community priorities and emerging trends in a proactive manner. Page 147 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS Grant dollars helped provide additional resources to existing staff without having a direct impact on the City budget. Funds are used primarily for overtime, equipment, and storage expenses to support these investigations. This item appropriates $39,641 in project and overtime costs to Fort Collins Police Services’ Marijuana Enforcement Program from unanticipated grant revenue from DOLA. DOLA will advance the funds to the City so overtime and equipment purchases may be authorized. Any unused funds will be returned at the end of the grant period. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Ordinance for Consideration 2. Grant Award Letter with Terms and Conditions Page 148 Item 10. -1- ORDINANCE NO. 063, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS GRAY AND BLACK-MARKET MARIJUANA ENFORCEMENT GRANT PROGRAM FOR THE FORT COLLINS POLICE SERVICES MARIJUANA ENFORCEMENT PROGRAM A. For the past five years, the State has made grant funding available to help address unlicensed and illegal marijuana activity in Colorado. B. In 2023, Fort Collins Police Services (FCPS) received $32,339 from the Department of Local Affairs (“DOLA”) and continues to investigate complaints of illegal residential cultivation operations and unlicensed smoke shops selling synthetic marijuana to minors. C. On January 25, 2024, City of Fort Collins was awarded $39,641 through the DOLA Gray and Black-Market Marijuana Enforcement Grant Program for the purpose of investigating cases of illegal marijuana cultivation and distribution outside the legal, licensing framework. D. Use of this grant funding and investigations has not only addressed criminal activity but also improved neighborhood livability and provided insight into the level of unlicensed/illegal marijuana activity in the community. With additional insight and knowledge, Police Services can address community priorities and emerging trends in a proactive manner. E. These grant funds help provide additional financial resources to supplement overtime costs, equipment, and storage expenses without having a direct impact on the City budget. F. This item appropriates $39,641 to FCPS Marijuana Enforcement Program from unanticipated grant revenue from DOLA by advancing the funds to the City of Fort Collins so overtime and equipment purchases may be authorized and any unused funds will be returned at the end of the grant period. F. 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. G. 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 Page 149 Item 10. -2- to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year. H. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or 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 federal, state or private grant or the City’s expenditure of all funds received from such grant. I. The City Council wishes to designate the appropriation herein for the DOLA Gray and Black-Market Enforcement Grant 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 such grant. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new revenue or other funds in the General Fund the sum of THIRTY-NINE THOUSAND SIX HUNDRED FORTY-ONE DOLLARS ($39,641) to be expended in the General Fund for the FCPS Marijuana Enforcement Program. Section 2. The appropriation herein for the DOLA Gray and Black-Market Enforcement 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 continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ethan Doak Page 150 Item 10. January 25,2024 The Honorable Jeni Arndt Mayor City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 RE:GBMJ-24-020 -Fort Collins FY 2023-2024 Gray and Black Market Marijuana Enforcement Grant Program Award and Next Steps Dear Mayor Arndt: As DOLA’s Executive Director,I am pleased to inform you that I have approved the funding recommendation for the City of Fort Collins. This award letter and your application will serve as your contract with the State.Grantees of these funds do not require any additional contracts.By opting into this grant program,you are eligible to receive an award in the amount of $39,641.00 for expenses related to investigations and prosecutions of unlicensed marijuana cultivation and/or distribution operations.This grant expires on May 31,2026.The statute does not allow extension(s)to the grant period. Should you choose to accept this award you agree to the following: ●Grant funds will only be spent on costs associated with the investigation and prosecution (including large-scale operations,organized crime,and operations that divert marijuana outside of Colorado)of unlicensed marijuana cultivation or distribution operations conducted in violation of state law. Recipient counties and municipalities understand that any grant funds expended outside of this statutory intent must be returned to the Department of Local Affairs within 30 days of the ruling of improper fund use. ●Recipient counties agree to cooperate with and make grant funds available to District Attorneys for costs associated with prosecution of unlicensed marijuana cultivation or distribution operations conducted in violation of state law. ●Recipient counties and municipalities must provide DOLA with quarterly itemized reports detailing how grant funds were spent in that quarter.The Quarterly Report form,invoices and proof of payment must be provided to support the expenditures. ●A required survey must also be submitted quarterly,please copy and paste the hyperlink into your browser and complete this survey each quarter.https://forms.gle/DVf3dGKvbEvT1ck77 ●Quarterly reports must be submitted in the grant portal. ●All recipients’grant fund expenditures will be monitored to ensure compliance with the programmatic requirements and allowable expenses.DOLA or the State reserves the right to initiate detailed monitoring or auditing of any recipient at its sole discretion. ●Monitoring may be onsite or by desk review and will include verification of quarterly reports using receipts and other financial documentation provided by the grantee. The review shall provide assurance that the information reported by the grantee is accurate and complete,and only includes allowable expenses.If concerns are noted during the review process,documentation to verify the eligible entities’expenditures Governor Jared S.Polis |Maria De Cambra,Executive Director |Chantal Unfug,Division Director 1313 Sherman Street,Room 521,Denver,CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities DocuSign Envelope ID: EB1A3331-2858-4144-8716-F00026252A07 CTGG1 NLAA 202400003393 GBMJ Page 151 Item 10. or accounting practices shall be provided to DOLA.Funds spent outside of the statutory intent must be returned to DOLA within 30 days of substantiation of improper use. ●Recipient counties and municipalities acknowledge that,if NO grant funds are spent in any given state fiscal year,they may not receive grant funds in the following year.Due to appropriation limitations in statute,ANY grant funds not spent by the expiration date specified in this document must be returned to the Department of Local Affairs by the date that will be provided to grantees. Next Steps: ●You will make a single request for your full award amount within 90 days after the performance start date of this signed grant award letter. ●Payment requests will be made using DOLA’s online portal system using the “Advance Payment Request ” form provided in the grant portal. These grant funds are from state marijuana tax proceeds that may cause you to go to an election to receive and spend these funds.Please confer with your appropriate staff to determine if such an election is necessary. Thank you for your interest in the Gray and Black Market Marijuana Enforcement Grant Program.Please contact Ella Bowman at (303)864-7896 if you have any questions. Sincerely, Maria De Cambra Executive Director cc:Kerri Ishmael,Fiscal Agent Ella Bowman,DOLA Program Manager Chris La May,DOLA Regional Manager In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD ______________________________________________ By:Beulah Messick,Controller Delegate Department of Local Affairs Effective Date_________________________________________ CMS#:188790 VCUST#:14149 ADDR:CN001 WARR DLG#:GBMJ-24-020 Governor Jared S.Polis |Maria De Cambra,Executive Director |Chantal Unfug,Division Director 1313 Sherman Street,Room 521,Denver,CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities DocuSign Envelope ID: EB1A3331-2858-4144-8716-F00026252A07 1/30/2024 | 5:03 PM MST Page 152 Item 10. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Tracy Dyer, Project Manager Dana Hornkohl, Capital Projects Manager SUBJECT Items Relating to the College Avenue-Trilby Road Intersection Improvements Project. EXECUTIVE SUMMARY A. Resolution 2024-064 Authorizing the Execution of an Amendment to an Existing Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the College Avenue-Trilby Road Intersection Improvements Project. B. First Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior Year Reserves and Grant Revenue from the Colorado Department of Transportation and Authorizing Transfers for the College Avenue-Trilby Road Intersection Improvements Project. The purpose of this item is to enable the City to receive and expend Colorado Department of Transportation (CDOT) funds for the College Avenue-Trilby Road Intersection Improvements Project (Project). The funds will be used for construction of improvements at the intersection of South College Avenue and Trilby Road. If approved, this item will: 1) authorize the Mayor to execute an amendment to the Intergovernmental Agreement (IGA) for the Project with CDOT; 2) appropriate $361,361 of Congestion Mitigation and Air Quality (CMAQ) Improvement Program grant funds for the Project; 3) appropriate $1,870,000 of Highway Improvement Program (HIP) grant funds; 4) appropriate $5,272,260 of Surface Transportation Block Grant (STBG) Program funds; 5) appropriate $2,000,000 of Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act grant funds; 6) use $14,800 from development contributions to construction as part of the local match; 7) appropriate as part of the local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF) Reserves; 8) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public Places Program; and 9) appropriate $48 (0.3% of the local match amount) for maintenance of art from Transportation Fund Reserves to the Art in Public Places Program. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION Beginning in 2020 Engineering, Traffic Operations and FC Moves staff, with the use of the Arterial Intersection Prioritization Study as a guide, identified traffic safety and congestion issues, as well as a lack Page 153 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 of active modes infrastructure, at the intersection of Trilby Road and South College Avenue (also known as State Highway 287). Staff has identified safety concerns with the current intersection, including high frequencies of approach turn crashes and rear-end crashes. Operational concerns include high volumes of motorists on the north- south legs of South College Avenue and increasing volumes on the east-west approach legs of Trilby Road. Bicycle and pedestrian safety and accessibility are also concerns at the intersection, as there is very little infrastructure established for either mode of travel. The reconstructed intersection, with the assistance of design professionals, will improve safety for current and future traffic levels as growth continues in the region and will create a safer intersection for all users. After construction, the intersection will feature dual left turn lanes from South College Avenue to Trilby Road, right turn lanes for each direction of travel, and a widened Trilby Road approach to South College Avenue. In early 2023 the Project Team, with CDOT’s approval, engaged a regional general contractor to assist in the final design to improve efficiency in constructability. Due to a longer than anticipated rights of way acquisition phase, that has involved over 24 different land parcels, the project team divided the project into packages to commence early work in areas where rights of way have been secured while remaining rights of way were continued to be secured. The project is currently underway with package one and anticipates starting package two at the beginning of the 3rd quarter of 2024. The overall project is anticipated to be completed sometime early 2025. Funds that were appropriated to the Project prior to this action were utilized primarily for design and acquisition. In order to secure the remaining funds needed to construct the Project, staff actively explored and applied for multiple opportunities in 2022 and 2023. CDOT has also made significant additional commitments to the Project in this timeframe. CITY FINANCIAL IMPACTS The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction for the College Avenue-Trilby Road Intersection Improvements Project. Page 154 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 The total fund amount projected for this Project is $16,514,553 composed of funds appropriated with prior actions and with this action. BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Project, through the design process and construction phasing, has received full environmental and historical clearances through CDOT. PUBLIC OUTREACH Staff has developed a comprehensive Public Engagement Plan for the Project. As part of the design and acquisition process, staff has discussed the Project with the adjacent property owners, current business owners, and prospective developers immediately abutting the Project improvements. In addition, staff and an outside acquisition consultant have met or conversed individually with property owners on multiple occasions regarding design and construction details. Staff has discussed and presented conceptual level drawings at several public outreach events including a virtual neighborhood public meeting on March 3, 2022, and an open house held on November 13, 2023. Project information was shown at the Transportation Projects Fairs in February 2023 and February 2024. A Project website is regularly updated with Project information and upcoming milestones. ATTACHMENTS 1. Resolution for Consideration 2. Exhibit A to Resolution 3. Ordinance for Consideration 4. Vicinity Map 5. Project Design Page 155 Item 11. -1- RESOLUTION 2024-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE COLLEGE AVENUE- TRILBY ROAD INTERSECTION IMPROVEMENTS PROJECT A. Beginning in 2020, Fort Collins Engineering Department Traffic Operations and FC Moves staff, guided by the Arterial Intersection Prioritization Study, identified traffic safety and congestion issues, as well as a lack of active modes infrastructure, at the intersection of Trilby Road and South College Avenue (also known as State Highway 287). B. Safety concerns with the current intersection include high frequencies of approach turn crashes and rear-end crashes. C. Operational concerns include high volumes of motorists on the north -south legs of South College Avenue and increasing volumes on the east-west approach legs of Trilby Road. D. Bicycle and pedestrian safety and accessibility are also concerns at the intersection, because very little infrastructure is established for either mode of travel. E. The College Avenue-Trilby Road Intersection Improvements Project (the “Project”) has been developed to reconstruct the intersection to improve vehicular, bicycle, and pedestrian safety in and around the intersection. F. The Project, with the assistance of design professionals, will improve safety for current and future traffic levels as growth continues in the region and will create a safer intersection for all users. After construction, the intersection will feature dual left turn lanes from South College Avenue to Trilby Road, right turn lanes for each direction of travel, and a widened Trilby Road approach to South College Avenue. G. In 2020, via Resolution 2020-046, the City Council authorized execution of an intergovernmental agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”), which administers the grant funds for the Project. Initial funds were appropriated via Ordinance No. 071, 2020. Design and right -of-way acquisition has progressed since the initial authorization and appropriations. H. In early 2023 the Project Team, with CDOT approval, engaged a regional general contractor to assist in the final design to improve efficiency in constructability. Due to a longer than anticipated rights of way acquisition phase, that has involved over twenty-four different land parcels, the project team divided the project into packages to commence early work in areas where rights of way have been secured while remaining rights of way were continued to be secured. Page 156 Item 11. -2- I. Construction is currently underway with package one, and the schedule anticipates starting package two at the beginning of the third quarter of 2024. J. The overall Project is anticipated to be completed sometime in early 2025. K. Funds that were appropriated to the Project before this action were used primarily for design and acquisition. To secure the remaining funds needed to construct the Project, staff actively explored and applied for multiple opportunities in 2022 and 2023. CDOT has also made significant additional commitments to the Project in this timeframe. L. CDOT has proposed an amendment to the IGA to enable the City to receive and expend the additional grant funds to continue the Project. M. Colorado Revised Statutes Section 29-1-203 provides that governments may cooperate or contract with one another to provide certain services or facilities when the 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. N. Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies. O. City Code Section 1-22 requires the City Council to approve IGAs that require the City to make a direct, monetary payment over $50,000, and the proposed amendment requires the City to provide matching funds in the amount of $1,640,343. P. The City Council has determined that this amendment to the IGA with CDOT is in the best interests of the City and that the Mayor be authorized to execute the amendment to the IGA between the City and CDOT in support thereof. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council authorizes the Mayor to execute, on behalf of the City, an amendment to the intergovernmental agreement with the Colorado Department of Transportation relating to the College Avenue-Trilby Road Intersection Improvements Project, in substantially the form attached hereto as Exhibit A, with such additional or modified terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 2. The City Council hereby authorizes the City Manager to approve and execute future amendments to the intergovernmental agreement with the Colorado Department of Transportation relating to the College Avenue-Trilby Road Intersection Page 157 Item 11. -3- Improvements Project that the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to facilitate completion of the College Avenue-Trilby Road Intersection Improvements Project, so long as such amendments do not increase the cost of the Project, substantially modify the purposes of the intergovernmental agreement, increase the allocation or amount of funding for the Project funded by the City, or otherwise increase the obligations and responsibilities of the City as set forth in this amendment to the intergovernmental agreement. Passed and adopted on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 7, 2024 Approving Attorney: Heather N. Jarvis Page 158 Item 11. STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: SHO M455-124 (21966-25868-25869-25870) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 20-HA4-XC-03022-M0001 Local Agency CITY OF FORT COLLINS Original Agreement Routing Number 20-HA4-XC-03022 Agreement Maximum Amount $15,281,335.00 Agreement Performance Beginning Date June 15, 2020 Initial Agreement Expiration Date March 10, 2030 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ Keith Stefanik, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY CITY OF FORT COLLINS ___________________________________________ Signature By: Jenni Arndt, Mayor_________________________ Date: _________________________ ADDITIONAL LOCAL AGENCY SIGNATURES CITY OF FORT COLLINS ___________________________________________ Signature By: Heather Walls, Interim City Clerk_____________ Date: _________________________ ___________________________________________ Signature By: Heather N. Jarvis, Assistant City Attorney_________ Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ ATTEST: APPROVED AS TO FORM: EXHIBIT A TO RESOLUTION 2024-064 Page 159 Item 11. 1)PARTIES This Amendment (the “Amendment”) to the Original Agreement (the “Agreement”) shown on the Signature and Cover Page for this Amendment is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment. B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE The Parties entered into the Agreement for the design and construction of US287 and Trilby Road Intersection Improvements. The Parties now desire to update Agreement provisions and the Statement of Work, increase the total budgeted funds and update the Funding Provisions. 5)MODIFICATIONS The Parties now desire to: a)Add the following to the Agreement §2.A: The State shall have no obligation to pay Local Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required billing deadline specified in §7.B.i.e., or the expiration of Special Funding if applicable, whichever is sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no payments will be made after expiration of Agreement Funds. b)Add the following to the Agreement §2.D: Termination due to Project Completion This Agreement may be terminated early upon project completion after the final invoice has been paid. The Local Agency must submit an invoice clearly marked “Final Invoice” to CDOT. Once that invoice has been paid any remaining funds can be liquidated from the project. The State shall notify Local Agency by providing written notice to Local Agency of the termination in accordance with §16. The notice shall specify the effective date of the termination and will be the Agreement Expiration Date. c)Add the following to the Agreement §5.II: “Special Funding” means an award by Federal agency or the State which may include but is not limited to one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA, SLFRF, or COVID Relief. d)Add the following to the Agreement §7.B.i.e: If a project is funded in part with Federal or State Special Funding, there may be an expiration date for the funds. The expiration date applies to grants and local funds used to match grants. To receive payment or credit for the match, Work must be completed or substantially completed, as outlined in the terms of the grant, prior to the expiration date of the Special Funding and invoiced in compliance with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. EXHIBIT A TO RESOLUTION 2024-064 Page 160 Item 11. e)Update the Statement of Work and replace Exhibit A with Exhibit A-1, which is attached hereto. Any reference in the Agreement to Exhibit A shall now be a reference to Exhibit A-1. f)Increase the total budgeted funds from $4,217,896.00 by $11,063,439.00 to a new total budgeted funds of $15,281,335.00. These funds may include Special Funding. g)Update the Funding Provisions and replace Exhibit C-4 with Exhibit C-5, which is attached hereto. Any reference in the Agreement to Exhibit C shall now be a reference to Exhibit C-5. h)Update the Local Agency Resolution and replace Exhibit D with Exhibit D-1, which is attached hereto. Any reference in the Agreement to Exhibit D shall now be a reference to Exhibit D-1. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK EXHIBIT A TO RESOLUTION 2024-064 Page 161 Item 11. EXHIBIT A-1 STATEMENT OF WORK Name of Project: US 287 & Trilby Road Intersection Improvements Project Number: SHO M455-124 SubAccount #: 21966 – 25868 – 25869 - 25870 The Colorado Department of Transportation (CDOT) will oversee the City of Fort Collins (City) when the City designs and constructs the following: US 287 & Trilby Road Intersection Improvements (Work). CDOT and the City believe it will be beneficial to perform this Work to improve safety and operations at the intersection. Proposed improvements for the project include construction of dual northbound and southbound left turn lanes, right turn lanes on Trilby Road, raised medians, replacement of the traffic signal. This Work will conform to all standards of AASHTO, Americans with Disabilities Act (ADA), MUTCD, and all applicable state and federal regulations. The design phase will identify more exact requirements, qualities, and attributes for this Work (hereinafter referred to as the Exact Work). The Exact Work shall be used to construct designed improvements. The design phase is anticipated to begin in the summer of 2020 and the construction phase is anticipated to begin in the Spring of 2024. If Highway Infrastructure Programs (HIP) funds are used, all HIP funds must be encumbered by September 30, 2026. Obligated earmark balances are available for expenses properly charged to the account and incurred until September 30, 2031. By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts the continuing responsibility for the safety of the traveling public after initial acceptance of the project. Local Agency is responsible for maintaining and operating the scope of work described in this Exhibit A-1 constructed under this Agreement at its own cost and expense during its useful life. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A-1 - Page 1 of 1 EXHIBIT A TO RESOLUTION 2024-064 Page 162 Item 11. EXHIBIT C-5 - FUNDING PROVISIONS City of Fort Collins - SHO M455-124 (21966 – 25868 – 25869 - 25870) A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $15,281,335.00 which is to be funded as follows: 1.FUNDINGCMAQ a.Federal Funds (82.79% of CMAQ Award) $748,732.00 b.Local Agency (17.21% of CMAQ Award) $155,643.00 HSIP c. Federal Funds (100% of SHO Award) $2,250,000.00 HIP d.Federal Funds (82.79% of HIP Award) $1,870,000.00 e.Local Agency (17.21% of HIP Award) $388,727.00 STBG f. Federal Funds (82.79% of STBG Award) $5,272,260.00 g. Local Agency (17.21% of STBG Award) $1,095,973.00 FSA h.State Funds (100% of FSA Award) $3,500,000.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $15,281,335.00 ____________________________________________________________________________________ 2.OMB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN): TBD b.Name of Federal Awarding Agency: FHWA c.Local Agency Unique Entity Identifier VEJ3BS5GK5G1 d.Assistance Listing # Highway Planning and Construction ALN 20.205 e.Is the Award for R&D? No f.Indirect Cost Rate (if applicable) N/A g.Amount of Federal Funds Obligated by this Action: $0.00 h. Amount of Federal Funds Obligated to Date (including this Action): $2,411,525.00 ____________________________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted $10,140,992.00 b.State Funds Budgeted $3,500,000.00 c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ____________________________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 89.27% $13,640,992.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 10.73% $1,640,343.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $15,281,335.00 4.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount (Federal, State + Local Agency Funds)$15,281,335.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $15,281,335.00 ___________________________________________________________________________________ Note: Only $3,174,059.00 is currently available. Additional funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. ___________________________________________________________________________________ Exhibit C-5 - Page 1 of 3 EXHIBIT A TO RESOLUTION 2024-064 Page 163 Item 11. WBS Element 21966.10.30 Performance Period Start*/End Date Design 3020 $924,998.00 04/02/2021 - 03/30/2025 WBS Element 25868.20.10 Performance Period Start/End Date Const. 3301 $2,249,061.00 03/12/2024 – 04/30/2025 WBS Element 25869.20.10 Performance Period Start/End Date Const. 3301 $0.00 TBD – TBD WBS Element 25870.20.10 Performance Period Start/End Date Const. 3301 $0.00 TBD - TBD ____________________________________________________________________________________ * For CMAQ, HSIP, HIP and STBG funds, the Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. **For FSA funds, the Local Agency should not begin work until both of the following are in place: 1) the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable. For 25868, 25869, and 25870, the construction funding and WBS elements have not yet been designated to each subaccount. B.Funding Ratios The funding ratio for the federal & State funds for this Work is 89.27% federal & State funds to 10.73% Local Agency funds, and this ratio applies only to the $15,281,335.00 that is eligible for federal & State funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $15,281,335.00 and additional federal & State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $15,281,335.00, then the amounts of Local Agency and federal & State funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work. C.Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $13,640,992.00. For CDOT accounting purposes, the federal funds of $10,140,992.00, the State funds of $3,500,000.00 and the Local Agency funds of $1,640,343.00 will be encumbered for a total encumbrance of $15,281,335.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total budget is $15,281,335.00 unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the federal funds and the Local Agency funds. The maximum amount payable will be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. This applies to the entire scope of Work. D.Single Audit Act Amendment All state and local government and non-profit organizations receiving $750,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i.Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii.Expenditure of $750,000 or more-Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii.Expenditure of $750,000 or more-Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from EXHIBIT A TO RESOLUTION 2024-064 Page 164 Item 11. multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv.Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A TO RESOLUTION 2024-064 Page 165 Item 11. EXHIBIT D-1 LOCAL AGENCY RESOLUTION Exhibit D-1 - Page 1 of 1 [To be provided by the Local Agency prior to routing for signatures] EXHIBIT A TO RESOLUTION 2024-064 Page 166 Item 11. -1- ORDINANCE NO. 064, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS OF PRIOR YEAR RESERVES AND GRANT REVENUE FROM THE COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZING TRANSFERS FOR THE COLLEGE AVENUE-TRILBY ROAD INTERSECTION IMPROVEMENTS PROJECT A. Beginning in 2020, Fort Collins Engineering Department Traffic Operations and FC Moves staff, guided by the Arterial Intersection Prioritization Study, identified traffic safety and congestion issues, as well as a lack of active modes infrastructure, at the intersection of Trilby Road and South College Avenue (also known as State Highway 287). B. Safety concerns with the current intersection include high frequencies of approach turn crashes and rear-end crashes. C. Operational concerns include high volumes of motorists on the north -south legs of South College Avenue and increasing volumes on the east-west approach legs of Trilby Road. D. Bicycle and pedestrian safety and accessibility are also concerns at the intersection, because very little infrastructure is established for either mode of travel. E. The College Avenue-Trilby Road Intersection Improvements Project (the “Project”) has been developed to reconstruct the intersection to improve vehicular, bicycle, and pedestrian safety in and around the intersection. F. The Project, with the assistance of design professionals, will improve safety for current and future traffic levels as growth continues in the region and will create a safer intersection for all users. After construction, the intersection will feature dual left turn lanes from South College Avenue to Trilby Road, right turn lanes for each direction of travel, and a widened Trilby Road approach to South College Avenue. G. In 2020, via Resolution 2020-046, the City Council authorized execution of an intergovernmental agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”), which administers the grant funds for the Project. Initial funds were appropriated via Ordinance No. 071, 2020. Design and right -of-way acquisition has progressed since the initial authorization and appropriations. H. In early 2023 the Project Team, with CDOT approval, engaged a regional general contractor to assist in the final design to improve efficiency in constructability. Due to a longer than anticipated rights of way acquisition phase, that has involved over twenty-four different land parcels, the project team divided the project into packages to commence early work in areas where rights of way have been secured while remaining rights of way were continued to be secured. Page 167 Item 11. -2- I. Construction is currently underway with package one, and the schedule anticipates starting package two at the beginning of the third quarter of 2024. J. The overall Project is anticipated to be completed sometime in early 2025. K. Funds that were appropriated to the Project before this action were used primarily for design and acquisition. To secure the remaining funds needed to construct the Project, staff actively explored and applied for multiple opportunities in 2022 and 2023. CDOT has also made significant additional commitments to the Project in this timeframe. L. CDOT has proposed an amendment to the IGA to enable the City to receive and expend the additional grant funds to continue the Project. M. These appropriations benefit public health, safety, and welfare of the residents of Fort Collins and serve the public purpose of promoting safer travel across multiple modalities and improving the transportation infrastructure within the City. N. 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. O. The City Manager has recommended the appropriations described herein and determined that this appropriation is 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. P. 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 from such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. Q. The City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transportation Services Fund and will not cause the total amount appropriated in the Transportation Services 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. R. 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 Page 168 Item 11. -3- 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. S. The City Manager has recommended the transfer of $1,300 from the Transportation Capital Expansion Fee Fund to the Capital Project Fund and $48 from the Transportation Services Fund to the Capital Project Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged. T. Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or 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 federal, state or private grant or the City’s expenditure of all funds received from such grant. U. This Project involves construction estimated to cost more than $250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program (“APP Program”). V. The total project cost of $16,148 has been used to calculate the contribution to the APP program. W. The amount to be contributed in this Ordinance will be $161. X. A portion of the funds appropriated in this Ordinance for the Project are ineligible for use in the APP Program due to restrictions placed on them by Colorado Department of Transportation, the source of these funds. Y. The City Council wishes to designate the appropriation s herein for the Colorado Department of Transportation Congestion Mitigation and Air Quality (CMAQ) grant and the Highway Improvement Program (HIP) grant and the Surface Transportation Block Grant (STBG) and the Funding Advancement Surface Transportation and Economic Recovery (FASTER) grant funds as appropriations that shall not lapse until the earlier of the expiration of the grants or the City’s expenditure of all funds received from such grants. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby appropriated from new revenue (CMAQ) or other funds in the Capital Projects Fund the sum of THREE HUNDRED SIXTY-ONE THOUSAND THREE HUNDRED SIXTY-ONE DOLLARS ($361,361) to be expended in the Capital Projects Fund for the College and Trilby Intersection Improvement Project. Page 169 Item 11. -4- Section 2. There is hereby appropriated from new revenue (HIP) or other funds in the Capital Projects Fund the sum of ONE MILLION EIGHT HUNDRED SEVENTY THOUSAND DOLLARS ($1,870,000) to be expended in the Capital Projects Fund for the College and Trilby Intersection Improvement Project. Section 3. There is hereby appropriated from new revenue (STBG) or other funds in the Capital Projects Fund the sum of FIVE MILLION TWO HUNDRED SEVENTY- TWO THOUSAND TWO HUNDRED SIXTY DOLLARS ($5,272,260) to be expended in the Capital Projects Fund for the College and Trilby Intersection Improvement Project. Section 4. There is hereby appropriated from new revenue (FASTER) or other funds in the Capital Projects Fund the sum of TWO MILLION DOLLARS ($2,000,000) to be expended in the Capital Projects Fund for the College and Trilby Intersection Improvement Project. Section 5. There is hereby appropriated from new revenue or other funds (PILOT) in the Capital Projects Fund the sum of FOURTEEN THOUSAND EIGHT HUNDRED DOLLARS ($14,800) to be expended in the Capital Projects Fund for the College and Trilby Intersection Improvement Project. Section 6. The unexpended and unencumbered appropriated amount of ONE THOUSAND THREE HUNDRED DOLLARS ($1,300) is authorized for transfer from the Transportation Capital Expansion Fee Fund to the Capital Project Fund and appropriated therein to be expended for College and Trilby Intersection Improvement Project. Section 7. The unexpended and unencumbered appropriated amount of ONE HUNDRED TWENTY-SIX DOLLARS ($126) in the Capital Project Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein to fund art projects under the APP Program. Section 8. The unexpended and unencumbered appropr iated amount of THIRTY-TWO DOLLARS ($32) in the Capital Project Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the operation costs of the APP Program. Section 9. The unexpended and unencumbered appropriated amount of THREE DOLLARS ($3) in the Capital Project Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance costs of the APP Program. Section 10. The appropriations herein for the Colorado Department of Transportation Congestion Mitigation and Air Quality (CMAQ) grant and the Highway Improvement Program (HIP) grant and the Surface Transportation Block Grant (STBG) and the Funding Advancement Surface Transportation and Economic Recovery (FASTER) grant funds 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 Page 170 Item 11. -5- continue until the earlier of the expiration of the grants or the City’s expenditure of all funds received from such grants. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Heather N. Jarvis Page 171 Item 11. Page 172 Item 11. Page 173 Item 11. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Aaron Ehle, Airport Planning & Development Specialist SUBJECT Items Relating to Sewer Service for the Northern Colorado Regional Airport’s New Terminal. EXECUTIVE SUMMARY A. Resolution 2024-065 Authorizing Execution of an Intergovernmental Agreement Between the City of Fort Collins, the City of Loveland and the South Fort Collins Sanitation District for Purchase of a Sewer Tap for the New Terminal at the Northern Colorado Regional Airport. B. First Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent Non- Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport. The purpose of the Resolution is to authorize the City Manager to execute an intergovernmental agreement for the purchase of a sewer tap from South Fort Collins Sanitation District sewer for service at the Airport’s new terminal. The proposed Ordinance will authorize a conveyance of an easement to the Sanitation District to allow for a sewer service line for the terminal. The easement is over a portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort Collins and the City of Loveland. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement that formed the Northern Colorado Regional Airport Commission, which delegated certain powers and authority to operate and maintain the Airport. However, only the Cities’ Councils have the authority to grant easements as permanent property rights at the Airport. In connection with the construction of the new terminal, South Fort Collins Sanitation District (” Sanitation District”) requires the City of Fort Collins, the City of Loveland, and the Sanitation District to execute an Agreement for Purchase of Sewer Tap (“Tap Agreement”). Because the Tap Agreement is an agreement between the Cities and the Sanitation District, it is an intergovernmental agreement. The price for the sewer tap is $49,600. Fort Collins City Code (“City Code”) Section 1-22 allows that intergovernmental agreements may be approved by Council by either ordinance or resolution. A resolution is presented Page 174 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 here to expedite execution of the Agreement because it is necessary for the completion of the terminal project, which has been approved by Council. The Tap Agreement presented with the Resolution is the Sanitation District’s form Agreement as revised by the Cities’ attorneys. Along with the Tap Agreement, the Sanitation District requires that the Cities grant a permanent, non- exclusive easement across Airport property to allow for the installation and maintenance of a sewer line to the terminal (“Easement”). The total area of the associated sewer easement is 10,722 square feet. The Easement Agreement included with the Ordinance is the Sanitation District’s form easement as revised by the Cities’ attorneys. Under City Code Section 23-111, Council may sell, convey, exchange, or otherwise dispose of any and all interests in City-owned real property if Council finds, by ordinance, that such sale or disposition is in the best interests of the City. City Code Section 23-114 requires that any sale, lease, or other conveyance of property must be for an amount equal to or greater than the fair market value of such interest unless Council or City Manager, as applicable, determines that such sale or lease serves a bona fide public purpose because: (1) The use to which the property will be put promotes health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins; The Airport is a public use facility jointly owned by Fort Collins and Loveland. The Easement will allow for public investment and development that will bring improvements to the Airport and the users it serves. (2) The use to which the property will be put supports one (1) or more of the City Council’s goals, adopted policies, projects or plans; The Easement will allow for public development of the site in alignment with the Airport Master Plan, which was approved by Council. (3) The financial support provided by the City through the below-market disposition of the property will be leveraged with other funding or assistance; The City would benefit from granting the easement because doing so will allow the Sanitation District to install and maintain utility infrastructure necessary for the terminal project. In addition to federal grant funding and Airport revenue being used for the terminal, both Cities individually contributed $1,000,000 towards the project. (4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served; and The Easement will simply allow the Sanitation District to provide service to the new public terminal. The Airport and two Cities benefit from utilities running to the public terminal, which add value to the Airport. (5) Selling or leasing the property for less than fair market rent will not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. Authorizing the conveyance of the Easement will not interfere with City projects or work programs, workload schedules, or resources needed for primary City functions or responsibilities. As the conveyance of the Easement meets the above criteria, Airport staff and the Airport Commission recommend approval because the easement allows for the Sanitation District to install and maintain the sewer infrastructure required to serve the new public facility. The new terminal is in alignment with the Airport Master Plan, which has been approved by Council. Page 175 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 CITY FINANCIAL IMPACTS The Tap Agreement authorizes the Cities to purchase a sewer tap from the Sanitation District for $49,600. This cost has been budgeted as part of the terminal project. There are no material financial impacts to the City. The cost of the legal description and exhibit for the easement is $500, to be paid from the terminal project budget. There are no material financial impacts to the City. BOARD / COMMISSION / COMMITTEE RECOMMENDATION The Northern Colorado Regional Airport Commission and Councils of Fort Collins and Loveland have approved the 2020 Airport Master Plan, which prominently features plans for the new terminal facility. The Fort Collins and Loveland Councils have each appropriated $1.0 million in support of the new terminal. The Airport Commission unanimously voted at its January 18, 2024, meeting to recommend Council approve the easement. At that time, airport staff were unaware that the Sanitation District would require the Tap Agreement. Also at the January 18th meeting, the Airport Commission unanimously voted to recommend Council approve a Memorandum of Agreement for Purchase of Water Tap (“MOA”) with the Fort Collins-Loveland Water District, and to recommend the granting of an easement to the Water District for a water line. The Tap Agreement is substantially the same form as the MOA r ecommended by the Commission. Accordingly, airport staff conclude that although the Tap Agreement was not sent to the Commission, the Commission would have almost certainly recommended its approval because its terms are essentially the same as the MOA and because the easement is only functional if a sewer tap is purchased and installed. PUBLIC OUTREACH The development of the 2020 Airport Master Plan, which took more than two years to complete, included numerous public meetings and significant outreach by the Airport, far exceeding what is recommended by the Federal Aviation Administration (FAA). ATTACHMENTS 1. Resolution for Consideration 2. Exhibit A to Resolution 3. Ordinance for Consideration 4. Exhibit A to Ordinance Page 176 Item 12. -1- RESOLUTION 2024-065 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CITY OF LOVELAND AND THE SOUTH FORT COLLINS SANITATION DISTRICT FOR PURCHASE OF A SEWER TAP FOR THE NEW TERMINAL AT THE NORTHERN COLORADO REGIONAL AIRPORT A. The Cities of Loveland and Fort Collins (collectively, the “Cities,”, and “Loveland” or “Fort Collins” individually) jointly own and operate the public airport known as the Northern Colorado Regional Airport (the “Airport”) pursuant to an Amended and Restated Intergovernmental Agreement for the Joint Operation of the Airport entered into on January 22, 2015, and amended on June 7, 2016. B. The ongoing construction of the Airport’s new terminal facili ty project requires that a sewer tap be installed to provide service to the terminal. C. The South Fort Collins Sanitation District (the “District”) has offered to sell the sewer tap to the Cities for $49,600. D. The District requires the Cities to execute an Agreement for Purchase of Sewer Tap (“Tap Agreement”), in substantially the form attached hereto as Exhibit “A” and incorporated herein, and which is an intergovernmental agreement that sets forth the terms and conditions for the purchase of the sewer tap. E. Fort Collins City Code Section 1-22 authorizes City Council to approve the execution of intergovernmental agreements by ordinance or resolutions. F. The Fort Collins City Council desires to authorize the City Manager, in consultation with the City Attorney, to execute the Tap Agreement on behalf of Fort Collins in substantially similar form to “Exhibit A”. G. The Tap Agreement will allow the Cities to acquire from the District the sewer tap that is necessary for sanitary sewer service for the Airport’s new terminal, which is in the best interest of the City and beneficial to the users of the Airport and the northern Colorado region at large. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized, following consultation with the City Attorney, to execute the Tap Agreement in substantially similar form to “Exhibit A” subject to modifications as deemed necessary to protect the interests of the City of Fort Collins or to effectuate the purposes of this Resolution. Page 177 Item 12. -2- Passed and adopted on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 7, 2024 Approving Attorney: Ryan Malarky Page 178 Item 12. Account No.69310 South Fort Collins Sanitation District Agreement for Purchase of Sewer Tap THIS AGREEMENT is made and entered into between the South Fort Collins Sanitation District (hereinafter “District”) by its Board of Directors through its designated manager, and the CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third Street, Loveland, CO 80537, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation (collectively, “Grantor”), with an address of 300 Laporte Ave, Fort Collins, CO 80521 (hereinafter “Purchaser). IN CONSIDERATION OF THE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES AGREE AS FOLLOWS: 1.Purchaser agrees to purchase and pay for one sanitary sewer tap from the District. Purchaser agrees to pay the sum of $49,600.00 for said tap(s), payable concurrently with the execution of this Agreement. Under no circumstances will any services be provided by the District, until full payment is made, and under no circumstances will any tap be transferred from the Property, as defined below, for which it was originally purchased nor shall any of the tap fees paid be refunded to Purchaser. 2.Purchaser agrees to pay all assessments and service charges as may be established and modified by the District from time to time. In the event the Purchaser fails to pay such assessments and charges upon demand, the District shall then immediately terminate service, assess penalties, and any other remedies available to it pursuant to its Rules and Regulations and to the laws of the State of Colorado. Any costs of collection will be added to the balance due. This Agreement may be enforced by an action at law or in equity, by decree of specific performance or damages, or such other legal and equitable relief as may be available. 3.In the event that the Property is conveyed or transferred to an individual or entity by the Customer, such sewer tap shall be deemed transferred with the Property whether such conveyance or transfer is the result of a voluntary or involuntary transfer, including judicial order or decree, public trustee’s sale, sheriff’s sale, treasurer’s sale, or otherwise; provided, however, that Purchaser shall also remain liable for all outstanding payment obligations hereunder, unless assignment of said obligations has been approved, in writing, by the District, which approval shall not be unreasonably withheld. Upon any such transfer of the Property, the District may recognize such transferee as the “owner of the sewer tap” without having first obtained an assignment of sewer tap executed by the Customer to the new owner. In no event may the Customer retain ownership of said tap upon the voluntary or involuntary transfer of the Property and the tap may not be transferred to or used in conjunction with any other property. The rights and obligations of Purchaser pursuant to this Agreement shall be appurtenant Added to make clear that the City’s each have municipal codes that may impose requirements for the conveyance of easements and that this agreement does not itself convey to and run with the Property. 4.The legal description Property for which this tap is being purchased is as follows: (Attach separate exhibit for description if necessary) 25081 - Barnstorm Street Address: 4831 Earhart Rd, Loveland, CO 80538 5.Purchaser agrees to execute and deliver such easement or Easement Agreements as are needed by the District for the purpose of constructing and maintaining sewer lines across any of the real property of the Purchaser. Such easements shall be executed and delivered by separate legal document and in compliance with requirements established by each City’s City Code and other applicable law, at the sole expense of the Purchaser, and such expenses shall include, but not be limited to, survey expenses and recording expenses. 6.Pursuant to the terms of this Agreement, Purchaser shall have the right to tap into the District’s line at a point designated by the District. Tapping procedures shall be in accordance with the District's specifications, and shall be under the control and supervision of the District or its representative. The cost of tapping, including the connection, the tap and service line, and all other expenses thereof, shall be paid by Purchaser. Purchaser agrees to pay all expenses for any line extension (s) from the District’s main line to the connections of the premises of the Purchaser. 7.Purchaser agrees to pay to the District a monthly service charge for the use of the District’s collection and treatment system. The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notice to its users. 8.The District reserves the right, through its representatives, to inspect and approve all lines connecting Purchaser’s premises to the District’s system. The Purchaser shall comply with the District’s Rules and Regulations, as modified from time to time, and with District’s construction specifications before and after Purchaser’s connections to the District’s system. In the event the District incurs expenses for labor or materials for repair and maintenance of the Purchaser's line and connections with District’s sewer system, Purchaser shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is required through no fault of the District. 9.Appropriation. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the City of Loveland, it shall be subject to annual appropriation pursuant to the City of Loveland Municipal Charter Section 11-6 and Article X, Section 20 of the Colorado Constitution. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City of Fort Collins, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the Fort Collins City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The Cities shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. 10.This Agreement is subject to the Colorado Revised Statutes regarding the provision of services by the District, the Districts Rules and Regulations, policies, procedures, specifications, and requirements as they currently exist and as they may be amended from time to time. This Agreement, the District’s services, and the Cities’ respective conduct are subject to the monetary limitations and all rights, requirements, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as amended from time to time. 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. 11.Provisions of this Agreement shall be deemed to have survived any conveyance of the Property, and shall not merge in any deed relating thereto, and all rights and obligations hereunder shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties. 12.If any portion of this Agreement shall be deemed to be ineffective or without force or effect by any court of competent jurisdiction, then this Agreement shall be construed as if the offending provision were not a part hereof. 13.This Agreement shall not be subject to amendment without the express written consent of the Parties hereto. 14.The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of the Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Larimer County. EXHIBIT A TO RESOLUTION 2024-065 Page 179 Item 12. ` South Fort Collins Sanitation District Signed this day of 2024 By: District Manager Eric Bailey Payment: $49,600.00 Purchaser: City of Loveland, Colorado City of Fort Collins, Colorado A Municipal Corporation A Municipal Corporation By: By: Rod Wensing, Acting City Manager Kelly DiMartino, City Manager ATTEST: ATTEST: Delynn Coldiron City Clerk Date Date APPROVE AS TO FORM: Name: _____________ Title: ________________ APPROVE AS TO FORM: Senior Assistant City Attorney Assistant City Attorney EXHIBIT A TO RESOLUTION 2024-065 Page 180 Item 12. -1- ORDINANCE NO. 065, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT NON- EXCLUSIVE SEWER EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY OF FORT COLLINS AND THE CITY OF LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”) (collectively, the “Cities”) jointly own property located in Loveland (the “Property”) known as the Northern Colorado Regional Airport (the “Airport”). B. The Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”). C. In connection with the ongoing construction of the new airport terminal facility project, the South Fort Collins Sanitation District (the “District”) has requested a permanent non-exclusive easement across Airport property to allow for the installation and maintenance of a sanitary sewer line to serve the terminal (the “Easement”) over and across that portion of the Airport property legally described and d epicted in the Easement Agreement, attached hereto and incorporated herein by this reference as Exhibit “A.” D. The Cities desire to grant the Easement on the terms and conditions as substantially set forth in the Easement Agreement, which includes that the District will not pay a specific purchase price for the easement but will instead provide sewer service necessary for the terminal. E. City Code Section 23-111(a) authorizes the City Council to sell, convey, or otherwise dispose of any interest in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council hereby finds that the City’s conveyance of the Easement subject to the terms and conditions substantially set forth in the Easement Agreement for less than fair market value serves a bona fide public purpose and is in the best interests of the City as required by City Code Section 23-114 because: a. The use to which the Easement Property will be put promotes health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by facilitating public investment in and improvement of the Airport and the users it serves, and will allow for sanitary sewer service for the new public terminal currently being constructed; Page 181 Item 12. -2- b. The use to which the Easement will be put supports one (1) or more of the City Council’s goals, adopted policies, projects or plans, including the Airport Master Plan, which was approved by Council; c. The financial support provided by the City through the below-market disposition of the Easement will be leveraged with other funding or assistance enabling the construction and operation of the new terminal facility, which the City has partnered with Loveland to complete; d. The sale or lease will not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served because it will enable development of the new public terminal facility for the benefit of the Cities and the greater public; and e. Granting the Easement for less than fair market value will not interfere with current City projects or work programs, hinder workload schedules, or divert resources needed for primary City functions or responsibilities and will ultimately benefit the Airport and the Cities. Section 2. The City Council hereby authorizes the Mayor to execute the Easement Agreement attached hereto as “Exhibit A” with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effe ctuate the purposes of this Ordinance. Introduced, considered favorably on first reading on May 7, 2024, and approved on second reading for final passage on May 21, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 31, 2024 Approving Attorney: Ryan Malarky Page 182 Item 12. EASEMENT AGREEMENT THIS AGREEMENT, made and entered into as of the _____ day of __________, 20__, by and between the CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third Street, Loveland, CO 80537, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, with an address of 300 Laporte Ave, Fort Collins, CO 80521, hereinafter referred jointly to as “the Grantors” and South Fort Collins Sanitation District, a Political Subdivision of the State of Colorado, hereinafter referred to as “the District”. This Grant of Utility Easement is effective as of the date of the City’s Official Acceptance in the City’s signature block below. WHEREAS, the Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”) located in Loveland, Colorado on a parcel of property legally described below; and WHEREAS, the District desires to install, and obtain an easement for a sanitary sewer line necessary to serve the Airport’s terminal facility that is under construction as of the date of this Agreement. WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantors have granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non- exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one (1) or more sanitary sewer lines for the collection and service of sanitary sewer and wastewater, and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon: A ___30__ foot easement, the centerline of which is described in the attached Easement Exhibit: The parties hereto acknowledge that said easement (hereinafter referred to as “the Easement”) is located on a parcel of property owned by the Grantors legally described as follows and hereinafter referred to as “the Grantors’ Property”: A parcel of land, being part Larimer County Parcel No. 8633006902, situate in the Southeast Quarter (SEl/4) of Section Twenty-eight (28), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Loveland, County of Larimer, State of Colorado In addition to the foregoing grant of easement by the Grantors to the District, the Grantors further grant and convey to the District the following rights and privileges: A. The right to grade the Easement for the full width thereof in such manner as the District may reasonably determine to be necessary or advisable. The District will coordinate with Airport staff to perform such grading at a time that does not unduly interfere with Airport operations. For purposes of this Agreement, “Airport staff” shall mean the individual(s) designated and authorized by Grantors to make the decisions and take the actions described and directed herein. The District may rely on information and direction given by Airport staff and shall have no obligation to verify if that particular individual has been duly authorized by the Grantors to provide such information and/or direction. B.Subject to Airport security requirements and prior written consent of Airport staff, which shall not be unreasonably withheld, the right of ingress and egress in, to, through, over and across the Easement by means of existing roads (whether public or private) located on the Grantors’ Property. C.The right to grade, construct, maintain, and use any access roads upon the Grantors’ Property for such purposes of initial construction and ongoing maintenance with prior written consent of the Airport staff in the exercise of its right of ingress and egress to and from the Easement. For any construction or alteration on the Easement or Grantors’ Property, the District will be required to complete and submit to the Federal Aviation Administration a Form 760-1 “Notice of Proposed Construction or Alteration.” D. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the sanitary sewer line and appurtenances shall be placed in locations which will minimize interference with any reasonable use of the Easement area by the Grantor. EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 183 Item 12. E.For all the District’s access needs, such access is subject to the prior written consent of Airport staff pursuant to the Northern Colorado Regional Airport’s security requirements and other applicable laws, plans, policies, and rules and regulations. It is the parties’ intent to provide the District as much reasonable access as possible to the Easement while complying with the rules and regulations associated with operating the Airport. F.All other rights necessary and incident to the full and complete use and enjoyment of the Easement for the purposes herein granted. G.Other public utilities such as sanitary sewer, storm sewer, gas, electric, and cable lines may be installed in the Easement so long as they do not interfere with the District’s rights hereunder and meet he District’s requirements for separation and crossing of utilities. The Grantor hereby covenants and agrees to and with the District, its successors and assigns that: A.Except as otherwise provided in this subparagraph A, the Grantors, their heirs, personal representatives, administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement, fence, tree, or other landscaping on the Easement excluding the installation of permanent paved surfaces, including but not limited to roadways and taxiways needed for Airport purposes. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantors to remove such prohibited obstacles from the Easement and, in the event the Grantors fail to do so upon request, the District may remove such obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantors, their heirs, personal representatives, administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the Property. The District shall be responsible at its sole cost and expense for repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by the District B. The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully seized of the Easement and the Grantors’ Property, and that the Grantors have a good and lawful right to convey the Easement to the District. The District does hereby covenant and agree to and with the Grantors as follows: A.The District shall not fence or otherwise enclose the easement, except during periods of construction and repair. B.All trenches and excavations made in the laying or repairing of the sanitary sewer line shall be properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable for the purpose now used. The District will maintain the trench area and the sanitary sewer line at its sole cost and expense. C.The District may not use the Easement or any of Grantors’ Property for any purpose other than to transport, serve and distribute potable water. If the Easement is used by the District for any purpose other than stated herein, the Easement may be terminated at the Grantors’ sole discretion and all of the right, title and interest of District (and District’s successors or assigns) in and to the Easement become null and void, and the Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry and District shall remove improvements. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of this paragraph. D.To the extent allowed by law, the District shall be liable for loss and damage which shall be caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees during the course of their employment on the Grantors’ Property. To the extent allowed by law, District agrees to indemnify and hold harmless the Grantors, their officers, employees, and agents, from and against all liability, claims, and demands on account of any injury, loss, or damage arising out of or connected with District’s use of the Easement, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the District or any officer, employee, agent, or contractor of the District, or any other person for whom the District is responsible. The District shall notify Grantors and provide a copy of any and all written claims or demands within two EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 184 Item 12. business days of receipt. The District’s indemnification obligation shall not be construed to extend to any injury, loss, or damage caused by the negligent act or omission of the Grantors. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then- current email address for the addressee, or three days after being sent by certified mail, return receipt requested: If to Grantors: City of Fort Collins Attn: City Manager City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 With a copy to: City Attorney City of Fort Collins City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 City of Loveland Attn: City Manager 500 E. Third Street Loveland, CO 80537 With a copy to: City Attorney City of Loveland 500 E. Third Street Loveland, CO 80537 If to District: District Engineer Fort Collins-Loveland Water District 5150 Snead Drive Fort Collins, CO 80525 It is mutually agreed between the parties hereto that: A. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, the Grantors shall retain the right to use and enjoy the Easement. B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, personal representatives, successors, or assigns of the parties hereto. C. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. D. This Easement is and shall be subordinate to the provision of existing and future agreements between the Grantors and the United States relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds for the benefit of the Airport. Airport staff shall give the District adequate written notice of any future agreements that may impair any grant contained in this Agreement. E. This 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. 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 Easement. 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. EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 185 Item 12. F. This Agreement may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Agreement. Facsimile, scanned and other electronic signatures permitted by law, for purposes of this Agreement, shall be deemed as original signatures. G. The District shall at its sole expense record this Agreement in the real property records of the Clerk and Recorder of Larimer County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. GRANTOR: City of Fort Collins, Colorado A municipal corporation By: _____________________________________ Date: ____________________________________ Print Name: _______________________________ Tite: _____________________________________ ATTEST: Date: __________ Name: ______________ Title: _______________ APPROVE AS TO FORM: Assistant City Attorney GRANTOR: City of Loveland, Colorado A municipal corporation EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 186 Item 12. By: _____________________________________ Date: ____________________________________ Print Name: _______________________________ Tite: _____________________________________ ATTEST: City Clerk Date APPROVE AS TO FORM: Acting Deputy City Attorney GRANTEE: SOUTH FORT COLLINS SANITATION DISTRICT, a Political Subdivision of the State of Colorado By: ______________________________________ District Engineer STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this __ day of _______________, 20__ by _________________________________. Witness my hand and official seal. My Commission Expires: _____________________ Notary Public EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 187 Item 12. EXHIBIT A TO ORDINANCE NO. 065, 2024 Page 188 Item 12. EXHIBIT A TO ORDINANCE NO. 066, 2024 Page 189 Item 12. City Council Agenda Item Summary – City of Fort Collins Page 1 of 3 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Jared Heath, Senior Specialist, Sciences Richard Thorp, Lead Specialist, Sciences Leslie Hill, Director, Sciences Jill Oropeza, Senior Director, Integrated Sciences and Planning SUBJECT Resolution 2024-066 Authorizing the City Manager to Enter into an Agreement with Various Entities Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action Plan. EXECUTIVE SUMMARY The purpose of this item is to request approval for Fort Collins Utilities (“Utilities”) to enter into an agreement with the City of Greely and Water Supply and Storage Company (collectively “Project Partners”) to jointly develop a Wildfire Ready Action Plan (“WRAP”). The Cache la Poudre (“Poudre”) River watershed is a shared resource for municipal, agricultural, and recreational water users, with critical and separately owned water supply infrastructure located near Cameron pass. Staff f rom Utilities’ Watershed Program and Project Partners aim to address the vulnerability of this infrastructure and water supplies to post -wildfire impacts by developing a collaborative WRAP. The proposed agreement regarding the Poudre Water Supply Infrastructure WRAP outlines the terms for this collaboration. The Water Commission has formally recommended that Council authorize the City Manager to sign the agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Bottom line: Resolution for WRAP Agreement Utilities’ Watershed Program staff are seeking adoption of the Resolution to authorize the City entering into an intergovernmental agreement to develop a collaborative WRAP with other regional water providers. Utilities’ source water supplies provide high quality raw water for drinking water treatment and include the Poudre River and Horsetooth Reservoir. The WRAP aims to join regional water providers in protecting water supplies and water supply infrastructure in the upper Poudre River watershed and adjacent upper Michigan River watershed from the threat of wildfire. Mission of Utilities’ Watershed Program The mission of the Utilities’ Watershed Program is to monitor and protect Utilities’ source water supplies and the health of the Poudre River watershed. In 2016, Watershed Program staff developed a Source Page 190 Item 13. City Council Agenda Item Summary – City of Fort Collins Page 2 of 3 Water Protection Plan for the City’s two major drinking water supplies. This plan has directed the City’s source water quality monitoring and protection priorities over the last eight years. Wildfire was identified as the highest-ranking threat to Utilities’ water supplies. The WRAP will address this risk by outlining specific projects and actions to protect the City’s water supplies and infrastructure from post-fire impacts both before and after a wildfire occurs. Collaborative Development of the Poudre Water Supply Infrastructure WRAP A network of critical water supply infrastructure is located near Cameron Pass that Utilities, the City of Greeley, and Water Supply and Storage Company (Project Partners) use to manage their water supplies. This shared water supply and separately owned infrastructure is used to support both municipal and agricultural water users and improve flows in the upper Poudre River. Protecting the physical infrastructure and the water stored and conveyed by these structures is a high priority for Project Partners. Therefore, the Project Partners are seeking to develop a collaborative WRAP to address the susceptibility of this water supply and infrastructure to the threat of wildfire. The project will include the following:  the development of a shared vision and establishment of goals and objectives for the WRAP;  a comprehensive analysis of post-wildfire hazards and an evaluation of the water supply and infrastructure’s susceptibility to post-wildfire hazards;  the creation of a WRAP that will outline wildfire mitigation actions that can be implemented before and after a wildfire occurs; and  stakeholder collaboration, communication, outreach, and engagement throughout the project to establish support and partnerships for future implementation of the WRAP. Funding and Project Implementation The project budget has been set at $200,000. The Project Partners were awarded $171,875 from the Colorado Water Conservation Board’s Wildfire Ready Watershed Grant Program. The remaining $28,125 will come from the Project Partners as a cash match in the amount of $9,063 from both Utilities and the City of Greeley and $10,000 from Water Supply and Storage Company. Utilities intend to use existing Watershed Protection funding to support this project and will also provide in-kind match funding through staff time to manage the project. The project budget will be used to hire a consultant to conduct the analyses and susceptibility evaluation and facilitate the development of the WRAP. The project is expected to begin in Q1 of 2025. CITY FINANCIAL IMPACTS There are no cost impacts associated with the proposed Resolution. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Water Commission Regular Meeting, March 21, 2024 Commissioner Bruxvoort moved that the Water Commission recommend Council formally approve the Utilities’ Watershed Program entering into the agreement regarding the Poudre Water Supply Infrastructure Wildfire Ready Action Plan. The Commission proposed to amend the motion to include: Additionally, the Commission acknowledges that the subject lands are owned by the United States Forest Service (USFS) and that the USFS is already engaged in wildfire planning and funding activities. It is the Commissions’ opinion that the City should engage USFS as soon as practical. Commissioner Tarry seconded the amended motion. The vote on the motion passed unanimously, 8-0. Page 191 Item 13. City Council Agenda Item Summary – City of Fort Collins Page 3 of 3 PUBLIC OUTREACH None. ATTACHMENTS 1. Resolution for Consideration 2. Exhibit A to Resolution Page 192 Item 13. -1- RESOLUTION 2024-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VARIOUS ENTITIES REGARDING THE POUDRE WATER SUPPLY INFRASTRUCTURE WILDFIRE READY ACTION PLAN A. The City owns and operates a water utility that provides water service to customers within its water service area. The Cache la Poudre River provides a key source of water for the City and its water utility. Water in the Cache la Poudre River originates in various watersheds, including several watersheds near Cameron Pass, namely the Joe Wright Creek Watershed, Peterson Lake Watershed, and Upper Michigan River Watershed (collectively, “Watersheds”). B. The Cache la Poudre River and these W atersheds also provide key sources of water for the City of Greeley (“Greeley”) and the Water Supply and Storage Company (“WSSC”). C. Water supplies and infrastructure in the Watersheds face various challenges, including risks associated with wildfires. Protecting water supplies and infrastructure within the Watersheds is a high priority for the City, Greeley, and WSSC to, among other things, ensure all current and future water demands are met, and to continue providing their communities, customers, and shareholders with reliable, safe, and high - quality water. D. The State of Colorado, through the Colorado Water Conservation Board (“CWCB”), has a program to assist in the development of wildfire ready watershed action plans, including via grant funding. Such plans are generally intended to help stakeholders develop actionable plans to address the impacts from wildfires through actions that may be taken both before and after wildfires. G. The City, Greeley, and WSSC desire to develop a wildfire ready watershed action plan for the Watersheds (“Plan”). Accordingly, they have negotiated a proposed agreement, attached as Exhibit “A” (“Agreement”), the purpose of which is to coordinate their joint efforts related to developing the Plan, including funding a consultant to assist with the development of the Plan. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute an Agreement substantially in the form of Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Page 193 Item 13. -2- Passed and adopted on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 7, 2024 Approving Attorney: Eric Potyondy Page 194 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 1 of 10 AGREEMENT REGARDING A WILDFIRE READY WATERSHED ACTION PLAN FOR THE JOE WRIGHT CREEK, PETERSON LAKE, AND UPPER MICHIGAN RIVER WATERSHEDS This Agreement (“Agreement”) is entered into by and between the following Parties:  City of Fort Collins, a municipal corporation (“Fort Collins”);  City of Greeley, a municipal corporation (“Greeley”); and  Water Supply and Storage Company, a Colorado mutual ditch and reservoir comp any (“WSSC”). RECITALS A. The Joe Wright Creek Watershed comprises the lands drained by Joe Wright Creek and its tributaries. The Joe Wright Creek Watershed has Fort Collins’ Joe Wright Reservoir, Greeley’s Barnes Meadows Reservoir, and WSSC’s Chambers Lake Reservoir. B. The Peterson Lake Watershed is located just southeast of the Joe Wright Creek Watershed and comprises the lands drained by a small, unnamed tributary to the Cache la Poudre River that flows through Peterson Lake Reservoir. The Peterson Lake Watershed includes Greeley’s Peterson Lake Reservoir. C. The Upper Michigan River Watershed comprises the lands drained by the Michigan River and its tributaries above Gould. At Cameron Pass, water from the Michigan River and its tributaries is delivered into the Joe Wright Creek Watershed via Fort Collins’ Michigan Ditch and WSSC’s Cameron Pass Ditch. D. The Joe Wright Creek, Peterson Lake, and Upper Michigan River Watersheds (together, “Watersheds”) are and have historically been a source of raw water for Fort Collins, Greeley, and WSSC. By way of example, water from the Watersheds flows down the Cache a Poudre River to the Parties’ other various points of diversion. E. Water supplies and infrastructure in the Watersheds face various challenges, including1 risks associated with wildfires. Protecting water supplies and infrastructure within the Watersheds is a high priority for the Parties to, among other things, ensure all current and future water demands are met, and to continue providing their communities, customers, and shareholders with reliable, safe, and high-quality water. F. The State of Colorado, through the Colorado Water Conservation Board (“CWCB”), has a program to assist in the development of wildfire ready watershed action plans, including via grant funding. Such plans are generally intended to help stakeholders develop actionable plans to address the impacts from wildfires through actions that may be taken both before and after wildfires. 1 In this Agreement, “include” signifies a list that is not necessarily exhaustive. E.g., Lyman v. Town of Bow Mar, 188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975). Page 195 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 2 of 10 G. The Parties desire to develop a wildfire ready watershed action plan for the Watersheds (“Plan”), pursuant to the terms and conditions of this Agreement. Nothing in this Agreement shall be interpreted to impose any obligation on the Parties to implement any portions of the Plan to be developed hereunder. H. The purpose of this Agreement is to coordinate the Parties’ joint efforts related to developing the Plan, including funding a consultant to assist with the development of the Plan. I. As governmental entities, Fort Collins and Greeley are authorized to enter into the following intergovernmental agreement pursuant to their respective home rule charters, municipal codes, and C.R.S. §29-1-203. AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. Meetings and Schedule. 2.1. Meetings. The Parties will meet at least quarterly at an agreed upon time and place. Each Party will designate at least one representative who will attend the meetings, either in person or by teleconference when available. Should the representative(s) be changed, a Party shall provide fourteen (14) calendar days written notice of the change to the other Parties. Party representatives will, when possible, be staff members and not members of the governing body of a Party. Persons associated with the Parties other than the representative may attend the meetings upon invitation by the appropriate Party. If a Party desires to not participate in a meeting and has no objection to the other Parties meeting under this Agreement, the non-attending Party may do so by notifying the other Parties of the same. 2.2. Schedule. The Parties currently intend to follow the schedule set forth in the Scope of Work, attached as Exhibit A. The Parties may modify the schedule of tasks as appropriate to effectuate the purposes of this Agreement. 2.3. Consensus Decision-Making. The Parties shall operate by consensus in making decisions for the purposes of this Agreement. To this end, the Parties shall make a good faith effort to reach consensus, propose alternative solutions, and otherwise work to resolve any issues that prevent consensus. 3. Funding. The Parties intend to budget $200,000 for the retention of a consultant to assist with the development of the Plan. 3.1. CWCB Grant. Fort Collins will seek a grant from the CWCB for $171,875 of the budgeted amount, which would be held by Fort Collins for the purposes of this Agreement. If such a grant is not acquired on or before December 30, 2024, any Party may terminate this Agreement and Fort Collins will return Greeley’s and WSSC’s monetary contributions Page 196 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 3 of 10 identified in Paragraph 3.2.2. The Parties may, in writing, extend the deadline included in this subparagraph. 3.2. Matching Contributions. The CWCB grant will require a match of 25% of the project cost from the Parties. The Parties will provide this match with monetary (12.5%) and in-kind (12.5%) contributions as stated below. 3.2.1. Monetary Contributions. On or before February 1st, 2025, Greeley and WSSC will contribute the following dollar amounts to Fort Collins for the purposes of Paragraph 3.2: Greeley, $9,062.50; and WSSC, $10,000. Fort Collins will contribute $9,062.50 for purposes of Paragraph 3.2. 3.2.2. In-Kind Contributions. Fort Collins will provide in-kind contributions towards the CWCB grant of a total value of $28,125 for purposes of Paragraph 3.2. Fort Collins will track and account the in-kind contributions. 4. Fort Collins’ Role. 4.1. Funds. Fort Collins will hold the budgeted funds described in Paragraph 3 for purposes of this Agreement. If there are any unused funds, they will be returned to the Parties in amounts proportionate to their contributions (Fort Collins 30%, Greeley 30%, WSSC 40%). 4.2. Consultant. Fort Collins will retain the consultant to assist with the development of the Plan. The Parties will jointly select which consultant will be retained and managed the same, pursuant to Paragraph 2.3. The Parties acknowledge that Fort Collins will contract with and have sole responsibility for directing the selected consultant, consistent with the determination of the Parties pursuant to Paragraph 2.3 and the objectives of this Agreement. 4.3. Sharing Consultant Work Product. Fort Collins will provide to the other Parties copies of all reports, data, drawings, computer programs, or other reproducible, tangible things developed by the consultant in connection with this Agreement (“Consultant Work Product”). Each Party will be entitled to review and provide feedback on the Consultant Work Product, which Fort Collins will communicate to the consultant. Fort Collins will obtain the consultant’s agreement for each Party to use Consultant Work Product for purposes connected to this Agreement. 5. Term, Withdrawal, and Termination. 5.1. Term and Termination. This Agreement will be in effect on the last date it is signed by the Parties until: (1) December 30, 2026; (2) Fort Collins withdraws; (3) all but one of the Parties withdraws; (4) the Parties otherwise agree in writing to terminate this Agreement; or Page 197 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 4 of 10 (5) The Plan is completed. 5.2. Withdrawal. Any Party may withdraw from this Agreement by providing written notice to the other Parties. Any Party may also withdraw from this Agreement for failure to appropriate funds pursuant to Paragraph 7. Withdrawal from this Agreement shall not: entitle the withdrawing Party to reimbursement for previously contributed funds; or relieve the withdrawing Party from any obligations resulting from the Party’s previous participation, including responsibilities for costs, and shall not waive the withdrawing Party’s right to the receipt of documents resulting from the Party’s previous participation. 6. Claimed Confidential Information. 6.1. CORA. The Parties acknowledge that the majority of documents and communications created under this Agreement will be subject to the Colorado Open Records Act, C.R.S. §§24-72-101 et seq. (“CORA”). 6.2. Confidential Information Procedures. If a Party (“Providing Party”) desires to provide documents or information to the other Parties (“Receiving Parties”) that the Providing Party claims to be confidential (“Confidential Information”), the Providing Party may invoke the terms and conditions of this Paragraph 6.2. 6.2.1. If the Providing Party intends to claim that certain information is confidential under this Paragraph 6.2 and desires to have the Receiving Parties take certain precautions under this Agreement with such claimed Confidential Information, then within three calendar days of when the Providing Party provides the claimed Confidential Information to the Receiving Parties, the Providing Party shall provide written notice to the Receiving Parties containing the following: (i) an identification of each piece of information that is claimed to be Confidential Information; (ii) for each piece of such information, an identification of the documents, files, or other forms of communication provided to the Receiving Parties in which the claimed Confidential Information is located; and (iii) for each piece of such information, a brief statement identifying the basis for which the Providing Party may claim the information to be confidential. 6.2.2. With respect to the claimed Confidential Information identified pursuant to Paragraph 6.2.1, the Receiving Parties hereby agree: (i) to hold the claimed Confidential Information in confidence and to take all reasonable precautions to protect such Confidential Information from inadvertent or accidental disclosure; and (ii) to not disclose any such claimed Confidential Information to any third person, except pursuant to Paragraph 0. Page 198 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 5 of 10 In the normal course of business, the Receiving Parties may also dispose of any documents containing claimed Confidential Information. 6.2.3. The obligations of the Receiving Parties with respect to claimed Confidential Information under this Paragraph 6.2 shall not apply to: (i) claimed Confidential Information that remains in the possession of a Receiving Party six months after the termination of this Agreement pursuant to Paragraph 5.1; (ii) claimed Confidential Information that the Receiving Party can document: (A) is or has become (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public; (B) was in its possession prior to receipt from the Providing Party under Paragraph 6.2.1, except to the extent that such information was unlawfully appropriated by the Receiving Party; (C) was independently developed by the Receiving Party without use of any claimed Confidential Information of the Providing Party under Paragraph 6.2.1; or (D) was disclosed pursuant to the requirements of law, subject to Paragraph 0. 6.2.4. Nothing herein shall affect the obligations of a Receiving Party to either make disclosures or preserve the confidentiality of claimed Confidential Information to the extent required by law or court order, including, but not limited to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq., and other Colorado and federal statutes, court rules, and administrative rules and regulations. If a Receiving Party receives a request under law for the Providing Party’s claimed Confidential Information, or if a Receiving Party would otherwise be required to disclose the Providing Party’s claimed Confidential Information pursuant to law, the Receiving Party shall notify the Providing Party as soon as practicable of the request or pending disclosure, and in such event, upon the request of the Receiving Party, the Providing Party may take such timely action as may be required to obtain a declaratory judgment as to the confidential status of the Confidential Information, and, if the Providing Party elects not to do so, then the Receiving Party’s obligation to preserve that Confidential Information shall have been waived hereunder, except as otherwise provided by law. 6.2.5. The Providing Party shall have the right to require the return and destruction of claimed Confidential Information in the possession of a Receiving Party as set forth in this paragraph. Such right shall exist from the effective date of this Agreement through six months after the date of termination of this Agreement pursuant to Paragraph 5.1 If claimed Confidential Information has been copied or transcribed into another document, such documents will be destroyed, erased, or modified to remove the claimed Confidential Information. Page 199 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 6 of 10 7. Fiscal Contingency. Notwithstanding any other provisions of this Agreement to the contrary, the obligations of Fort Collins and Greeley in fiscal years after the initial fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with the Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement. The failure of a Party to appropriate such funds shall be g rounds for termination of this Agreement as to such Party upon written notice pursuant to Paragraph 1111. 8. No Third-Party Beneficiaries. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and that the Parties are benefitted only to the extent provided under the express terms and conditions of this Agreement. 9. Governing Law and Enforceability. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the Parties’ respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. Nothing in this Agreement shall be construed as any waiver of governmental immunity of the Parties who are governments or any other governmental provisions of State law. Specifically, by entering into this Agreement, no Party waives the monetary limitations on liability or any other rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq., or any successor or similar statutes of the State of Colorado. 11. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier service to the party to whom notice is given at the address specified below; (iii) on the date and at the time shown on the electronic mail if sent by electronic transmission at the email addresses set forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof; or (iv) after the lapse of five business days following mailing by certified mail -return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 Page 200 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 7 of 10 epotyondy@fcgov.com and: Fort Collins Utilities Attn: Sr. Director of Water Planning and Sciences 4316 LaPorte Ave. Fort Collins, Colorado 80521 To Greeley: City of Greeley Attn: Director of Water & Sewer 1001 11th Ave, 2nd Floor, Greeley, Colorado 80631 With a copy to: City Attorney 1100 10th Street, Suite 401 Greeley, Colorado 80631 daniel.biwer@greeleygov.com To WSSC: 2319 E Mulberry Street (P.O. Box 2017) Fort Collins, CO 80524 (80524) 12. Construction. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. Representations. Each Party represents to the other parties that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 14. Assignment. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. 15. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall remain in full force and effect. [Remainder of Page Left Blank Intentionally] Page 201 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 8 of 10 CITY OF FORT COLLINS, a municipal corporation By: Date: Kelly DiMartino, City Manager ATTEST: By: Title: _________________________________ Name: ________________________________ APPROVED AS TO FORM: By: City Attorney’s Office Page 202 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 9 of 10 CITY OF GREELEY, a municipal corporation APPROVED AS TO SUBSTANCE: By:_________________________________ Date:_____________________________ City Manager AVAILABILITY OF FUNDS: By:_________________________________ Date:_____________________________ Director of Finance APPROVED AS TO LEGAL FORM By:_________________________________ Date:_____________________________ City Attorney’s Office Page 203 Item 13. EXHIBIT A TO RESOLUTION 2024-066 Page 10 of 10 WATER SUPPLY AND STORAGE COMPANY, a Colorado mutual ditch and reservoir company By: Date: Don Frick, General Manager Page 204 Item 13. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Clay Frickey, Planning Manager Ryan Mounce, City Planner SUBJECT Resolution 2024-067 Adopting Findings of Fact in Support of the City Council’s Decision on Appeal to Uphold the Planning and Zoning Commission Approval of the Union Park Project Development Plan PDP230005. EXECUTIVE SUMMARY The purpose of this item is to make findings of fact and conclusions regarding Council’s decision at the April 16, 2024, Union Park Project Development Plan appeal hearing that the Planning and Zoning Commission held a fair hearing and properly interpreted the Land Use Code and Larimer County Urban Area Street Standards and upholding the Planning and Zoning Commissions’ approval of the Union Park Project Development Plan. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On February 15, 2024, the Planning and Zoning Commission considered an application for the Union Park Project Development Plan #PDP230005. The Commission approved the application which proposed to meet Land Use Code connectivity standards by constructing a street to the project’s northern boundary that will be capable of connecting to Paddington Road in The English Ranch neighborhood in the future when adjacent property develops. On February 29, 2024, a Notice of Appeal was filed, with the following allegations: 1. The Planning and Zoning Commission failed to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading. 2. The Planning and Zoning Commission failed to properly interpret and apply Land Use Code Division 1.2.2(M) and Section 3.6.4(A), as well as Larimer County Urban Area Street Standards Table 7-1 and Section 4.4.2. On April 16, 2024, Council considered the appeal allegations, the record on appeal, information presented at the hearing, and testimony from parties-in-interest and their representatives. After discussing the appeal allegations, Council voted to deny the appeal, finding the Planning and Zoning Commission conducted a fair hearing and properly interpreted and applied applicable section of the Land Use Code and Larimer County Urban Area Street Standards. Page 205 Item 14. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS None. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH None. ATTACHMENTS 1. Resolution for Consideration Page 206 Item 14. -1- RESOLUTION 2024-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL’S DECISION ON APPEAL TO UPHOLD THE PLANNING AND ZONING COMMISSION APPROVAL OF THE UNION PARK PROJECT DEVELOPMENT PLAN PDP230005 A. On February 15, 2024, the Planning and Zoning Commission (“P&Z”) approved the Union Park Project Development Plan PDP230005. B. On February 29, 2024, Jeff Janelle (the “Appellant”) filed a notice of appeal (“Appeal”) with the City alleging that: (a) P&Z failed to conduct a fair hearing because it considered evidence relevant to its findings that was substantially false or grossly misleading; and (b) P&Z failed to properly interpret and apply Land Use Code Sections 1.2.2(M) and 3.6.4(A), and Larimer County Urban Area Street Standards Table 7-1 and Section 4.4.2(A). C. On April 16, 2024, the City Council, after notice given in accordance with City Code Section 2-52, held a public hearing (“Hearing”) pursuant to City Code Section 2-54 to consider the allegations raised in the Appeal. D. At the hearing the Appellant and parties-in-interest in support of the appeal appeared and addressed Council in favor of the appeal. Additionally, the applicant for the Union Park Project Development Plan and parties-in-interest opposed to the appeal addressed Council in opposition to the appeal. E. In making its determination regarding the Appeal allegations at the Hearing, the City Council considered the record on appeal; testimony from City staff; statements and arguments by the Appellant and parties-in-interest in support of the appeal; and statements and arguments made by the applicant for the Union Park Project Development Plan and parties-in-interest in opposition to the appeal. F. City Council determined that P&Z conducted a fair hearing when it approved the Union Park Project Development Plan finding that the Appellant was appealing an issue that should have been appealed at the overall development plan level which preceded the Union Park Project Development Plan. Therefore, the fair hearing issue was untimely and not relevant to the Union Park Project Development Plan decision , and Council dismissed the Appeal fair hearing allegation. G. City Council determined that P&Z properly interpreted and applied the Land Use Code when it approved the Union Park Project Development Plan finding that the Appellant was appealing an issue that should have been appea led at the overall development plan stage which preceded the Union Park Project Development Plan. Page 207 Item 14. -2- Therefore, the failure to interpret and apply issue was untimely and not relevant to the Union Park Project Development Plan decision, and Council dismissed the Appeal failure to properly interpret and apply allegations. H. City Code Section 2-56(c) provides that no later than the date of its next regular meeting after the hearing of an appeal, City Council shall adopt by resolution findings of fact in support of its decision on such appeal. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The allegation set forth in the Appeal that P&Z failed to conduct a fair hearing is dismissed because the allegation should have been appealed at the overall development plan stage which preceded the Union Park Project Development Plan. Therefore, the allegation was untimely, not relevant to the Union Park Project Development Plan, and without merit. Furthermore, City Council finds that P&Z did conduct a fair hearing for the Union Park Project Development Plan. Section 2. The allegations set forth in the Appeal that P&Z failed to properly interpret and apply the Land Use Code and Larimer County Urban Area Street Standards are dismissed because the allegations should have been appealed at the overall development plan stage which preceded the Union Park Projec t Development Plan. Furthermore, City Council finds that P&Z did properly interpret and apply the Land Use Code regarding the Union Park Project Development Plan. Section 3. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-56(c). Passed and adopted on May 7, 2024. _________________________________ Mayor ATTEST: ________________________ Interim City Clerk Effective Date: May 7, 2024 Approving Attorney: Brad Yatabe Page 208 Item 14. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Davina Lau, Public Engagement Specialist SUBJECT Resolution 2024-068 Making an Appointment to the Planning and Zoning Commission. EXECUTIVE SUMMARY The purpose of this item is to fill a vacancy on the Planning and Zoning Commission. In March 2024, Planning and Zoning Commission member Samantha Stegner resigned. Pursuant to Council policy, the recommended appointee, Shirley Peel, has completed or will complete the required acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern service on City boards and commissions. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 2023, the Council adopted a Code of Conduct and updated Boards and Commissions Policy, along with other policies and procedures that apply to service on City boards and commissions. Each board and commission appointee is required to acknowledge and accept these requirements in order to take appointed office. This Resolution appoints one individual to fill a vacancy left by a previous commission member. The appointment will begin and expire as noted next to the recommended name shown below and in the individual resolution. Planning and Zoning Commission Appointments Term Effective Date Expiration of Term Shirley Peel (Seat D) May 8, 2024 March 31, 2028 Page 209 Item 15. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 CITY FINANCIAL IMPACTS None. BOARD / COMMISSION / COMMITTEE RECOMMENDATION None. PUBLIC OUTREACH Public outreach to seek applicants for boards and commissions included a spotlight and press release on the City website, media releases for earned coverage in local media sources, and social media promotion of opportunities. ATTACHMENTS 1. Resolution for Consideration 2. Appointment Application (Redacted) Page 210 Item 15. - 1 - RESOLUTION 2024-068 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION A. The Planning and Zoning Commission has a vacancy due to the resignation of Samantha Stegner. B. Councilmembers interviewed a candidate for this appointment on April 29, 2024. C. The City Council desires to make an appointment to fill this vacancy on the Planning and Zoning Commission. D. In 2023, the City Council adopted a Code of Conduct and updated Boards and Commissions Policy, along with other policies and procedures that apply to service on City boards and commissions. Each board and commission appointee is required to acknowledge and accept these requirements in order to take appointed office. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The following named person is hereby appointed to fill the open vacancy on the Planning and Zoning Commission with a term to begin and expire as noted below next to the appointee’s name: Planning and Zoning Commission Appointments Term Effective Date Expiration of Term Shirley Peel (Seat D) May 8, 2024 March 31, 2028 Section 2. That no person appointed in this Resolution may take office until they have completed the required acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern service on City of Fort Collins boards and commissions. Page 211 Item 15. - 2 - Passed and adopted on May 7, 2024. _________________________________ Mayor ATTEST: ________________________ Interim City Clerk Effective Date: May 7, 2024 Approving Attorney: Carrie Daggett Page 212 Item 15. Page 213 Item 15. 6WDWH &HUWLILHG 6WDII &RRUGLQDWLRQ &XUULFXOXP 'HYHORSPHQW $GYHUWLVLQJ DQG 5HFUXLWPHQW ,QIRUPDWLRQ DQG 'DWD 0DQDJHPHQW <HDUO\ %XGJHW )RUPXODWLRQ DQG ,PSOHPHQWDWLRQ +RPHVFKRRO ,QVWUXFWRU IRU  FKLOGUHQ  7DXJKW JUDGHV UDQJLQJ IURP 3UH. 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City Council Agenda Item Summary – City of Fort Collins Page 1 of 6 May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Noah Beals, Development Review Manager Paul Sizemore, Director of CDNS Caryn Champine, Director of PDT SUBJECT Second Reading of Ordinance No. 055, 2024, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt a Revised Land Use Code by Reference that Advances Adopted City Policy Goals and Incorporates Foundational Improvements and Separately Codify the 1997 Land Use Code as Transitional Land Use Regulations. EXECUTIVE SUMMARY This ordinance, adopted on First Reading on April 16, 2024, by a vote of 6-1 (Nays: Councilmember Gutowsky) considers adoption of changes to the City’s Land Use Code. The Land Use Code (LUC) Phase 1 Update implements policy direction in City Plan, the Housing Strategic Plan, and the Our Climate Future Plan. Regarding Ordinance No. 055, 2024, corrections to clean up inadvertent numbering in Article 4 are recommended, and a suggested motion to do so is on page 5. Second Reading of Ordinance No. 055, 2024, is considered under discussion due to a split vote at First Reading. Second Readings of Ordinance Nos. 056 and 057, 2024, are being considered with the consent calendar. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Following the submission and certification of a petition sufficient for referendum, Council reconsidered Ordinance No. 136, 2023, at the Regular Meeting on December 19, 2023. Council adopted Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, by a vote of 3-2, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying the 1997 Land Use Code As “Transitional Land Use Regulations.” Council directed staff to explore next steps to allow for additional community engagement and refinement of housing -related Land Use Code (LUC) changes. Project Overview The LUC Phase 1 project began in summer 2021. From July 2021-October 2022, staff led a process to explore changes to the Land Use Code. This process included: Page 216 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 2 of 6  Community engagement  Policy analysis and synthesis  Development of guiding principles  Diagnostic report of the existing Land Use Code  Code drafting  Public review of the draft the Land Development Code Council adopted Ordinance No. 114, 2022, adopting the Land Development Code. In November and December 2022, a group of voters gathered enough signatures through the City’s referendum process to require that Council reconsider the Ordinance. On January 17, 2023, Council repealed Ordinance No. 114, 2022, and directed staff to conduct additional community engagement and further refine housing -related Land Use Code changes. Foundational Land Use Code Changes As mentioned above, some aspects of the existing 1997 Land Use Code make it difficult to use and understand, especially without graphic representations of form-based requirements and illogical organization of the Code sections. The changes outlined below attempt to correct some of the deficiencies in the existing Land Use Code, especially those related to organization, ease of use, clarification of terms and requirements, and expanded incentives for affordable housing. Changes staff recommends including within a new draft of the LUC include:  Reorganize content so the most used information is first in the Code  Reformat zone districts with consistent graphics, tables, and illustrations  Create a menu of building types and form standards to guide compatibility  Update use standards, rules of measurement, and definitions to align with new building types and standards  Expand and re-calibrate incentives for affordable housing  Regulate density through form standards and building types instead of dwelling units per acre Additional Context for Affordable Housing Incentives: Throughout the engagement process on housing- related Code changes, community members have highlighted affordable housing as an important priority for updates to the Land Use Code. Accordingly, foundational Land Use Code changes would seek to expand and re-calibrate incentives for affordable housing. In addition, allowing an Administrative Review type for projects with at least 10% deed-restricted affordable housing will likely be necessary to maintain the City’s eligibility for funding through Proposition 123. This change to review types for affordable housing developments is also recommended for inclusion in foundational Land Use Code changes. The approach to foundational changes for affordable housing incentives would emphasize:  Removing Code barriers to building deed-restricted affordable housing  Providing market feasible incentives to encourage development of more deed-restricted units in a wider range of zone districts  Utilizing best practices to incentivize affordable housing development through land use regulation, including incentives for increased height, increased density, and reduced parking requirements Suggestions to require affordable housing in future developments have been heard through community engagement and discussed by Council. Such requirements may be contemplated in the future; however, the foundational Land Use Code changes outlined above must be in place to begin to build a system whereby policies requiring affordable housing can be contemplated and effectively designed. Page 217 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 3 of 6 Revisions This Agenda Item Summary is intended to support Council dialogue by providing a summary of revisions included in the proposed version of the Land Use Code (LUC) included with this AIS. These revisions seek to respond to the feedback received from community members at the public forums and public comments received throughout the project. For each revision, information has been included about what is currently permitted under the existing Land Use Code. Council may also choose to make revisions that have not been outlined here. Residential, Low-Density (RL): The Residential, Low Density (RL) Zone District is the largest residential zone district in Fort Collins. Most neighborhoods within the RL zone district are comprised primarily of single-unit, detached homes. Over 50% of existing housing was built between 1960 and 1997. Currently allowed under the existing Land Use Code in RL:  Housing Types: Single-unit detached house  Max Density: 1 dwelling unit per lot  Lot Size: 6,000 sq feet minimum AND 3 times the total floor area, whichever is greater  Maximum Height: 28 feet for residential buildings Revision for RL: 1. Remove Accessory Dwelling Unit (ADU) as a permitted housing type (this revision would also decrease maximum density permitted on a lot) Neighborhood Conservation, Low Density (NCL) / Old Town-A (OT-A): The Neighborhood Conservation, Low Density Zone District is similar to the RL Zone District in that it permits primarily single-unit, detached houses; however, the NCL Zone also permits “Carriage Houses” on lots over 12,000 square feet (about 10% of all NCL lots). The NCL Zone District areas are generally west and southeast of Downtown. These neighborhoods were mostly built before 1959 and comprise single-family homes on blocks with alleys. Some blocks in the NCL Zone also include duplexes built prior to the current LUC, and some larger lots include Carriage Houses. A carriage house is a detached single unit dwelling that is behind another detached single unit dwelling. It is limited in size to a maximum 1,000 sf of floor area and requires an additional parking space. Page 218 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 4 of 6 Currently allowed under the existing Land Use Code:  Housing Types: Single-unit detached house; carriage house  Max Density: 1 unit or 2 units for lots >12,000 sf  Lot Size: 6,000 sf minimum; 12,000 sf minimum for carriage house (10% of NCL lots)  Maximum Height: 2 stories; 24 feet for carriage house or building at the rear of the lot Revisions for NCL/OT-A: 2. Remove duplex as a permitted housing type 3. Maintain current lot size for residential units 4. Remove affordable housing incentive of additional housing types (apartment, rowhouse, cottage court) NCM (OT-B) – Neighborhood Conservation, Medium Density Zone District: The Neighborhood Conservation, Medium Density Zone District comprises neighborhoods that are adjacent to Downtown and includes a diverse mix of single-unit detached, duplex, and multi-unit residential buildings often integrated on the same block with commercial uses and services within walking distance. Currently allowed under the existing Land Use Code:  Housing Types: Single-unit detached house; carriage house; multi-unit up to 4 units (e.g. duplex, triplex, fourplex)  Lot Size: 5,000 sf for single-unit detached house; 6,000 sf for multi-unit buildings up to 4 units; 10,000 sf for carriage house  Maximum Height: 2 stories, 24 ft for carriage house or building at the rear of the lot Revisions for NCM/OT-B: 5. Maintain current 4 unit maximum for multi-unit building 6. Maintain current lot size for residential units 7. Remove affordable housing incentive of additional density (+1 unit) Private Covenants/Homeowners Associations (HOAs): There are currently over 200 HOAs registered in Fort Collins. They vary based on neighborhood size, housing type and the types of things their covenants address. Current Land Use Code regulations for HOAs:  Can not prohibit or limit: xeric landscaping, solar/photovoltaic collectors on roofs, clothes lines in back yards, odor controlled compost bins  Can not require: turf grass yards/lots Revisions for HOAs: 8. Remove language prohibiting HOAs from regulating the number and/or type of dwelling units permitted on a lot 9. Remove language prohibiting HOAs from regulating the ability to subdivide property Page 219 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 5 of 6 Corrections to Land Use Code on First Reading – Inadvertent Numbering in Article 4. The draft of the Land Use Code to be adopted by reference contained some numbering formatting errors in Article 4. Additional numbers were inadvertently added to the Article 4 text on pages 4-11 to 4-13, 4-15 to 4-16, 4-20 to 4-23, 4-35 to 4-37, 4-39 to 4-41, and 4-43 to 4-44. The revised Article 4 with the inadvertent numbering deleted is attached to this AIS in addition to the original version with the numbering errors. Because the Land Use Code is being adopted by reference, and the version that was provided for public review contains the numbering errors, staff recommend that Council adopt a motion specifying that the corrected Article 4 is being adopted. A sample motion is as follows: “I move that City Council amend the revised Land Use Code to include the version of Article 4 that has corrected numbering as described in, and attached to, the Agenda Item Summary.” Change Names of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old Town (OT) Zone District Consistent with the updated references in the revised Land Use Code, Council is considering whether to change the names of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town (OT) zone district and its three corresponding subdistricts OT-A, OT-B, and OT-C. Changes to City Code to Conform to the Revised Land Use Code Finally, Council is considering changes to City Code to conform to revisions in the Land Use Code including updating section references and wording. CITY FINANCIAL IMPACTS This implementation work will not require additional funding but will require utilization of existing staff capacity and departmental resources. The current LUC updates are focused on housing-related changes and Code reorganization, and multiple phases will be required to update the entire LUC. Accordingly, staff is also planning a LUC Phase 2 Update, which will address remaining issues in commercial, industrial, environmental and other areas and will also incorporate Code changes that are not directly tied to housing. Funding has been approved for the LUC Phase 2 project in the 2023-2024 budget cycle. A conversation regarding this topic will be conducted at a Council work session, currently scheduled for June 11, 2024. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Planning and Zoning Commission The Planning and Zoning Commission on a 5-0 vote (Absent: Stackmeyer) recommended that Council adopt the revised Land Use Code with the following recommended changes/additions:  Allow attached ADUs in RL,  Allow ADUs with design parameters in UE,  Change lot size from 10,000 square feet to 9,500 square feet for allowing carriage houses in the NCM/OTB zone. These proposed amendments are not included in the version of the Land Use Code being considered on April 16. Page 220 Item 16. City Council Agenda Item Summary – City of Fort Collins Page 6 of 6 The Commission also recommended on a 5-0 vote (Absent: Stackmeyer) that Council approve the name change of the Neighborhood Conservation Low Density, Neighborhood Conservation Medium Density, and Neighborhood Conservation Buffer zone districts to the Old Town (OT) zone district with the corresponding subdistricts OT-A, OT-B, and OT-C. PUBLIC OUTREACH Potential changes to the LUC have resulted in robust community dialogue and many comments shared with City Leaders and staff. Throughout summer 2023, staff engaged with hundreds of residents through online comments, virtual engagement opportunities, and in-person events ATTACHMENTS First Reading attachments not included. 1. Ordinance for Consideration 2. Exhibit A to Ordinance Page 221 Item 16. -1- ORDINANCE NO. 055, 2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT A REVISED LAND USE CODE BY REFERENCE THAT ADVANCES ADOPTED CITY POLICY GOALS AND INCORPORATES FOUNDATIONAL IMPROVEMENTS AND SEPARATELY CODIFY THE 1997 LAND USE CODE AS TRANSITIONAL LAND USE REGULATIONS A. The City of Fort Collins, as a home-rule municipality, is authorized by Article XX, Section 6 of the Colorado Constitution, the provisions of state statutes, and its City Charter to develop and implement policies and ordinances regulating the development of land within the City. B. On March 18, 1997, by adoption of Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Land Use Code referred to in Section 29-1 of the City Code, which was subsequently amended and on December 2, 1997, by adoption of Ordinance No. 190, 1997 the City repealed the Land Use Code so adopted and reenacted the Land Use Code dated December 12, 1997 (referred to herein as the “1997 Land Use Code”). C. Since adoption of the 1997 Land Use Code, the City Council adopted Resolution 2019-048 on April 16, 2019 (later ratified by Ordinance No. 40, 2020) adopting a major update of the comprehensive master plan for the City and its additional components and elements such as the Master Street Plan (the “2019 City Plan”). D. On March 2, 2021, City Council adopted the Housing Strategic Plan through Ordinance No. 033, 2021, as an element of the 2019 City Plan with the stated goal that all residents have healthy stable housing they can afford and listing twenty-six housing strategies proposed for implementation to progress toward that goal. E. On March 16, 2021, by adoption of Resolution 2021, 031, the City adopted the Our Climate Future Plan which set forth strategies and goals to address the City’s climate, waste, and energy goals and improve community equity goals and resilience. F. The City commissioned the Land Use Code Audit dated January 2020 which made certain recommendations to align the 1997 Land Use Code with adopted City plans and policies with a focus on housing-related changes, code reorganization, and equity. G. The repeal and reenactment to replace the 1997 Land Use Code with the revised Land Use Code by reference pursuant to this Ordinance is desirable to achieve the following goals: 1. Lay the ground work for a future comprehensive review and rewrite of the 1997 Land Use Code; Page 222 Item 16. -2- 2. Reorganize the 1997 Land Use Code to make certain foundational improvements including consolidating standards, eliminating repetition, simplifying language, and increasing user-friendliness; and 3. Implement policy goals set forth in the 2019 City Plan, the Housing Strategic Plan, and the Our Climate Future Plan to improve housing supply and affordability while mitigating negative impacts to the climate. H. City Council made two prior attempts to adopt a revised version of the 1997 Land Use Code: 1. In 2022, City Council adopted the Land Development Code to replace the 1997 Land Use Code through Ordinance No. 114, 2022. City Council subsequently adopted Ordinance No 007, 2023, to repeal Ordinance No. 114, 2022, after receiving a certified referendum petition regarding Ordinance No. 114, 2022. 2. In 2023, City Council adopted a revised version of the 1997 Land Use Code through Ordinance No. 136, 2023. City Council subsequently adopted Ordinance No. 175, 2023, to repeal Ordinance No. 136, 2023, after receiving a certified referendum petition regarding Ordinance No. 136, 2023. I. Upon the repeal and reenactment to replace the 1997 Land Use Code becoming effective pursuant to this Ordinance, the 1997 Land Use Code shall be separately codified as the "2024 Transitional Land Use Regulations" and limited in its application to the review of pending land development applications submitted and determined to be complete and ready for review pursuant to Land Use Code Section 2.2.4 prior to the effective date of the Land Use Code as set forth in this Ordinance. J. Pursuant to City Charter, Article II, Section 7, City Council may enact any ordinance which adopts any code by reference in whole or in part provided that before adoption of such ordinance the Council shall hold a public hearing thereon and notice of the hearing shall be published twice in the newspaper of general circulation, published in the city, one (1) of such publications to be at least eight (8) days preceding the hearing and the other at least fifteen (15) days preceding the hearing. K. In compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan the required hearing notices on March 31, 2024, and April 7, 2024. The attached Exhibit " A" is a copy of the text of the Notice of Public Hearing that was so published and which the Council hereby finds meets the requirements of City Charter Article II, Section 7. L. Pursuant to City Code Section 1-14, at least one copy of the revised Land Use Code shall be kept on file in the office of the City Clerk available for public inspection, and one copy shall be kept in the office of the chief enforcement officer thereof . Page 223 Item 16. -3- M. On March 21, 2024, the Planning and Zoning Commission recommended to Council on a 5-0 vote (Stackhouse absent) vote that Council adopt the revised Land Use Code with certain changes. N. City Council has determined that the repeal and reenactment of the 1997 Land Use Code with the revised Land Use Code by reference is appropriate to accomplish the goals set forth above and is in the best interests of the residents of the City. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. Section 29-1 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 29-1. - Cross reference to Land Use Code Pursuant to the authority conferred by Article II, Section 7 of the Charter, there is hereby adopted by reference the Land Use Code which shall have the same force and effect as though set forth herein. The Land Use Code may be used, as applicable, to support the implementation of the Code of the City of Fort Collins; and the Code of the City of Fort Collins may be used, as applicable, to support the implementation of the Land Use Code. One copy of the Land Use Code shall be kept on file in the office of the City Clerk and available for public inspection during regular business hours. Section 2. The 1997 Land Use Code is hereby repealed and separately codified as the “2024 Transitional Land Use Regulations” and shall be limited in its application to the review of pending land development applications submitted prior to the effective date of the Land Use Code as set forth in this Ordinance. Section 3. The Land Use Code shall be effective for all land development applications submitted on or after the effective date of this Ordinance. Section 4. Penalties for Land Use Code violations are set forth in Land Use Code Section 6.26.4 which states: 6.26.4 CRIMINAL AND CIVIL LIABILITY; PENALTIES  A. Except as otherwise specified in this Land Use Code, any person (including, without limitation, the developer of, owner of, or any person possessing, occupying or trespassing upon, any property which is subject to this Code, or any agent, lessee, employee, representative, successor or assign thereof) who violates this Code or who fails to comply with any of its requirements or who fails to comply with any orders made thereunder, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties provided in Section 1-15 of the City Code. Each day that such a violation occurs shall Page 224 Item 16. -4- constitute a separate offense. Nothing contained herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violations of this Land Use Code.    B. An owner, property manager or occupant commits a civil infraction by violating any provision of Section 5.14.1 of this Land Use Code. Each day during which the limitation on the number of occupants is exceeded shall constitute a separate violation. A finding that such civil infraction has occurred shall subject the offender(s) to the penalty provisions of Section 1-15(f) of the Code of the City of Fort Collins and any or all of the following actions:   1. the imposition of a civil penalty of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) for each violation;    2. an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of Section 5.14.1 of this Land Use Code or with the terms and conditions of any permit or certificate granted by the City;   3. an injunction or abatement order; and/or   4. denial, suspension or revocation of any city permit or certificate relating to the dwelling unit.   Introduced, considered favorably on first reading on April 16, 2024, and approved on second reading for final passage on May 7, 2024. ______________________________ Mayor ATTEST: ______________________________ Interim City Clerk Effective Date: May 17, 2024 Approving Attorney: Brad Yatabe Page 225 Item 16. EXHIBIT A TO ORDINANCE NO. 055, 2024 NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the Council of the City of Fort Collins, Colorado, on April 16, 2024, at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of an ordinance that repeals the existing Land Use Code and replaces it with a newly revised Land Use Code to be adopted by reference. Not less than one (1) copy of the newly revised Land Use Code has is on file in the Office of the City Clerk of the City of Fort Collins and is available for public inspection. The Land Use Code regulates the use and development of real property within the City of Fort Collins. The newly revised Land Use Code reorganizes the existing Land Use Code to enhance clarity and usability, introduces building form standards, and implements policy direction in City Plan, the Housing Strategic Plan, and the Our Climate Future plan. Individuals who wish to address Council in person or remotely can find specific information on how to do so at https://www.fcgov.com/council/councilcomments. 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 (970) 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. This notice is given and published by order of the City of Fort Collins, Colorado. Page 226 Item 16. May 7, 2024 AGENDA ITEM SUMMARY City Council STAFF Paul Sizemore, Director, Community Development & Neighborhood Services SUBJECT Mason Street Infrastructure Overall Development Plan Appeal. EXECUTIVE SUMMARY The purpose of this quasi-judicial item is to consider an appeal of the Planning and Zoning Commission’s decision on February 15, 2024, approving the Mason Street Infrastructure Overall Development Plan (ODP) #ODP230001. The ODP was approved on a vote of 5-0 (Stegner did not participate due to a conflict of interest). The Appellant, Charles Meserlian, filed a Notice of Appeal on February 27, 2024, alleging: ● That the Planning and Zoning Commission (P&Z) failed to conduct a fair hearing in that they considered evidence relevant to their findings which was substantially false or grossly misleading. The Appellants assert that: “During the staff presentation for the Mason Street Infrastructure Overall Development Plan (ODP), it was stated that there is plenty of space for the ultimate regional detention pond. It is believed that this is grossly misleading since there is no evidence or analysis provided to reference that the ultimate regional [detention] pond is feasible with the proposed ODP improvements.” ● That the Planning and Zoning Commission (P&Z) failed to properly interpret and apply relevant provisions of the Land Use Code and City Code – specifically Land Use Code subsection 3.3.2(D)(5) regarding requirements for a building permit to be issued, specifically stormwater drainage facilities and appurtenances as required by Section 26-544 of the City Code. The appeal also lists City Code Section 26- 543(a)(4) regarding adoption of the Dry Creek Basin Master Drainage Plan by reference. BACKGROUND / DISCUSSION Mason Street Infrastructure Overall Development Plan Overview: The Land Use Code states the purpose of an overall development plan to “establish general planning and development parameters for projects that will be developed in phases with multiple submittals.” ODPs vary in their level of detail, and part of the purpose is to “provide flexibility for detailed planning in subsequent submittals.” The approved ODP comprises three plan sheets that show parameters and alignments for infrastructure facilities on property at the west end of Hibdon Court and extending south to Hickory Street in the North College Avenue corridor area. The infrastructure comprises a stormwater detention pond, a proposed new segment of North Mason Street, and water, sewer, and electric lines. Page 227 Item 17. The property in the ODP currently comprises two land parcels. The ODP outlines proposed reconfiguration of the two existing parcels into three future lots and street right-of-way, which would be implemented in a subsequent subdivision plat. The ODP does not indicate any land uses – it only shows the infrastructure parameters. The stormwater detention pond in the ODP is an interim pond serving potential development on the subject property. It has been coordinated with City Stormwater Master Planning for a larger future regional pond that will be part of a larger system serving the west side of North College. The ultimate future pond will expand upon what is constructed at this time by the ODP applicant team, and will be designed and constructed with Stormwater Capital Improvement Project prioritization and funding. In other words, the pond shown in the ODP represents partial, interim development toward the ultimate regional pond. The future regional pond would incorporate the work shown in the ODP while enlarging, expanding, and adjusting it as needed. The ODP shows a new developable lot with additional street frontage which is currently proposed for a Fort Collins Rescue Mission homeless shelter in a separate development plan submittal. First Issue on Appeal: Fair Hearing. The first question for Council is: Did the Planning and Zoning fail to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading? [New evidence allowed.] The appeal involves a stormwater detention pond shown in the ODP. This allegation refers to Land Use Code subsection 3.3.2(D)(5) - Stormwater Drainage which requires a building permit applicant to provide stormwater facilities and appurtenances as required by City Code subsection 26-544(a) for a subdivision plat. The record does not mention these code subsections. Neither of these subsections pertains to ODPs. Land Use Code subsection 3.3.2(D)(5) pertains to building permits. It is under the heading “Required Improvements Prior to Issuance of Building Permit”. Building Permits are much later steps in the process of land development. Similarly, City Code subsection 26-544(a) pertains to final approval of subdivision plats and construction plans, which are much later steps in the process of land development. The bulk of the allegation’s explanations involves the text of 26-544(a) shown here with bold added to highlight applicability: “26-544(a) - Prior to the final approval of the plat of any subdivision, or prior to commencement of construction upon any lot or parcel of land for which a drainage report and construction plan for the installation of stormwater facilities has not been prepared and approved by the City, the owners of the property being subdivided or upon which construction is being commenced shall, at such owners cost, prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision or lot, including any off- site facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the master plan of the stormwater basins, the Fort Collins Stormwater Criteria Manual adopted pursuant to § 26-500, and the Water Utilities Development Construction Standards adopted pursuant to §26-29.” Page 228 Item 17. The detailed drainage report and construction plans mentioned here would be part of Project Development Plans and Final Development Plans. The allegation underlines the requirement for stormwater facilities to be installed in conformity with the master plan of the stormwater basin. The ODP is in Dry Creek Basin, and the allegation mentions master plan documents for the basin. Those are not part of the record, but they were used by staff in the review of the ODP and recommendation of approval. Staff’s recommendation of approval was then part of the basis for approval by the P&Z Commission. The allegation continues with this explanation, with bold added to highlight the allegation: “Throughout the “Overall Drainage Report — Mason Street Infrastructure”, prepared by Northern Engineering, dated December l5th, 2023, it is stated that the “regional” pond proposed is an interim pond that will account for the existing detention volume in addition to the developments required detention volume. The drainage report acknowledges that “notable offsite-runoff passes directly through the project site. It will not be quantified with the interim drainage design...” It also states that “Fort Collins will provide analysis of the upstream basins and the design of the ultimate regional Detention Pond.” During the Staff presentation for the Mason Street Infrastructure Overall Development Plan (ODP), it was stated that there is plenty of space for the ultimate regional detention pond. It is believed that this is grossly misleading since there is no evidence or analysis provided to reference that the ultimate regional pond is feasible with the proposed ODP improvements.” Regarding the assertion that staff stated there is plenty of space for the ultimate pond, staff does not find that statement per se in the record. The record includes slightly more nuanced explanations to that effect; and it is true that staff finds that the space in the ODP can work for master planned regional detention, using the level of detail in the ODP. Specifically, staff explained that drainage in the area has been studied for approximately the past 20 years or so; the regional detention pond is identified as a need; and the ODP represents an interim, partial step which is a major advantage to the City with parameters for earthwork that would help create an initial portion of the future regional system, which will continue to be formulated by the City. Pertinent evidence includes: - Transcript p. 5, lines 39-41. - Transcript p. 7, lines 11-12. - Transcript p. 9, lines 24-36. The Overall Drainage Report mentioned in the allegation was not included in the package for the P&Z hearing. However, staff’s evaluation of the ODP was based on the Overall Drainage Report and master planning studies mentioned in the allegation. Staff’s recommendation of approval reflects analysis which indicates that the proposed interim pond can be adapted into an ultimate regional pond. The future capital project design will include a public outreach effort to obtain input and incorporate multi-objective benefits and considerations as well as technical aspects including hydrologic and hydraulic parameters. These considerations will influence the size, shape and character of the regional pond. Page 229 Item 17. Appeal allegations conclude with this further explanation (underline added for emphasis): “An Overall Development Plan (ODP) is the groundwork or masterplan for future development. Without knowing what all entails the requirements of the regional pond, dependent on upstream analysis provided by the City of Fort Collins, this should be considered an incomplete masterplan or incomplete ODP for future developments to reference. There is no evidence provided that the ultimate regional pond is achievable. It is necessary to provide this analysis and evidence at the ODP level to ensure a guarantee to the upstream property owners, stakeholders, that a regional benefit could be satisfied.” ODP Level Requirements – Land Use Code. For reference, pertinent Land Use Code Requirements for ODPs are:  2.1.3(B)(1) Purpose and Effect. The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals.  2.3.2(H) The overall development plan shall be consistent with…general development standards (Article 3) that can be applied at the level of detail required for an overall development plan submittal.  2.3.2H(6) The overall development plan shall be consistent with the appropriate Drainage Basin Master Plan. ODP Level Requirements – Stormwater Criteria Manual. The Stormwater Criteria Manual also has requirements for ODPs with pertinent quotes below.  An ODP “does not normally entail a detailed drainage analysis but does require a general presentation of the project’s features and effects on drainage and land disturbance.” Staff did not include their calculations and analysis in the record because the level of detail in the ODP is adequate for the purposes of an ODP. Second Issue on Appeal: The second question for City Council is: Did the Planning and Zoning Commission fail to properly interpret and apply relevant provisions of the Land Use Code subsection 3.3.2(D)(5) and City Code Sections 26- 543(a)(4) and 26-544(a)? The appeal does not include any explanation specific to this allegation. Neither of these subsections pertains to ODPs. The explanation of the ‘fair hearing’ allegation of considering false or grossly misleading evidence addresses these code subsections. PUBLIC OUTREACH None. ATTACHMENTS 1. Notice of Hearing, Site Visit Notice and Mailing List 2. Notice of Appeal 3. Staff Report to Planning and Zoning Commission 4. Staff Presentation to Planning and Zoning Commission 5. Applicant Presentation to Planning and Zoning Commission 6. Roll Call and Attendance 7. Verbatim Transcript 8. Video Link to Planning and Zoning Commission Meeting 9. Applicant Response (Subject to Review at Hearing) 10. Presentation to Council Page 230 Item 17. Public Hearing Notice Site Inspection Notice Mailing List Mailed April 16, 2024 Page 231 Item 17. City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk PUBLIC HEARING NOTICE Appeal of the Planning and Zoning Commission Decision regarding the Mason Street Infrastructure ODP located at Hibdon Court and the existing access drive on a North Mason Street alignment north of Hickory Street in the North College Corridor. The Fort Collins City Council will hold a public hearing on the enclosed appeal. Appeal Hearing Date: May 7, 2024 Time: 6:00 pm (or as soon thereafter as the matter may come on for hearing) Location: Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, CO Agenda Materials: Available after 3 pm, May 2, 2024, in the City Clerk’s office and at fcgov.com/agendas. Why am I receiving this notice? City Code requires that a Notice of Hearing be provided to Parties- in-Interest, which means you are the applicant of the project being appealed, have a possessory or proprietary interest in the property at issue, received a City mailed notice of the hearing that resulted in the decision being appealed, submitted written comments to City staff for delivery to the decision maker prior to the hearing resulting in the decision being appealed, or addressed the decision maker at the hearing that resulted in the decision being appealed. Further information is available in the Appeal guidelines online at fcgov.com/appeals. The Notice of Appeal and any attachments, any new evidence that has been submitted and presentations for the Appeal Hearing can be found at fcgov.com/appeals. If you have questions regarding the appeal process, please contact the City Clerk’s Office (970.221.6515). For questions regarding the project itself, please contact Paul Sizemore, Community Development and Neighborhood Services Director (psizemore@fcgov.com or 970.224.6140). 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. ___________________________________ Heather Walls, Interim City Clerk Notice Mailed: April 16, 2024 Cc: City Attorney Community Development and Neighborhood Services Planning and Zoning Commission Page 232 Item 17. Secretario municipal. 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk AVISO DE AUDIENCIA PÚBLICA Apelación de la Decisión de la Comisión de Planificación y Zonificación sobre el ODP de infraestructura de Mason Street ubicado en Hibdon Court y la unidad de acceso existente en una alineación de North Mason Street al norte de Hickory Street en el corredor de North College. El Concejo Municipal de Fort Collins llevará a cabo una audiencia pública sobre la apelación adjunta. Fecha de la audiencia de apelación: 7 de mayo de 2024 Hora: 6:00 p.m. (o tan pronto como el asunto pueda llegar a la audiencia) Ubicación: Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, CO Materiales de la agenda: Disponibles después de las 3 p.m., 2 de mayo de 2024, en el Edificio Municipal y en fcgov.com/agendas. ¿Por qué estoy recibiendo este aviso? El Código de la Ciudad requiere que se proporcione un Aviso de audiencia a las partes interesadas, lo que significa que usted es el solicitante del proyecto que se está apelando, tiene un interés posesorio o de propiedad en la propiedad en cuestión, recibió un aviso por correo de la Ciudad sobre la audiencia que dio lugar a la apelación de la decisión, presentó comentarios por escrito al personal de la Ciudad para que se entregue al encargado de tomar decisiones antes de la audiencia que resultó en la apelación de la decisión o se comunicó con la persona que tomó la decisión en la audiencia que dio lugar a la apelación de la decisión. Puede obtener más información en las directrices de apelación en línea en fcgov.com/appeals. El Aviso de apelación y los anexos, las nuevas pruebas que se hayan presentado y las presentaciones para la audiencia de apelación se pueden encontrar en fcgov.com/appeals. Si tiene preguntas sobre el proceso de apelación, comuníquese con el Edificio Municipal (970.221.6515). Si tiene preguntas sobre el proyecto en sí, comuníquese con Paul Sizemore, director de Desarrollo comunitario y servicios para vecindarios (psizemore@fcgov.com o 970.224.6140). Previa solicitud, la ciudad de Fort Collins proporcionará servicios de acceso lingüístico para personas que tienen un dominio limitado del inglés, o ayudas y servicios auxiliares para personas con discapacidades, para acceder a los servicios, programas y actividades municipales. Comuníquese al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado) para obtener ayuda. Avise con antelación. Las solicitudes de interpretación en una reunión deben hacerse antes del mediodía del día anterior. ___________________________________ Heather Walls, secretaria municipal interina Aviso enviado por correo: 16 de abril de 2024 Cc: Fiscal municipal Community Development and Neighborhood Services Planning and Zoning Commission Page 233 Item 17. City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk NOTICE OF SITE INSPECTION An appeal of the Planning and Zoning Commission decision of February 15, 2024 regarding the Mason Street Infrastructure at Hibdon Court and the existing access drive on a North Mason Street alignment north of Hickory Street in the North College Corridor will be heard by the Fort Collins City Council on May 7, 2024. Pursuant to Section 2-53 of the City Code, members of the City Council will be inspecting the site of the proposed project on May 6, 2024 at 2:30 pm. Notice is hereby given that this site inspection constitutes a meeting of the City Council that is open to the public, including the appellants and all parties-in-interest. The gathering point for the site visit will be 1311 North College, on Hibdon Ct., west of the 1311 building, Fort Collins, Colorado. Any Councilmember who inspects the site, whether at the date and time above, or independently shall, at the hearing on the appeal, state on the record any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal. If you have any questions or require further information, please feel free to contact the City Clerk’s Office at 970.221.6515. ____________________________________ Heather Walls, Interim City Clerk Notice Mailed: April 16, 2024 Cc: City Attorney Community Development and Neighborhood Services The purpose of the site inspection is for the City Council to view the site and to ask related questions of City staff to assist Council in ascertaining site conditions. There will be no opportunity during the site inspection for the applicant, appellants, or members of the public to speak, ask questions, respond to questions, or otherwise provide input or information, either orally or in writing. Other than a brief staff overview and staff responses to questions, all discussion and follow up questions or comments will be deferred to the hearing on the subject appeal to be held on May 7, 2024. Page 234 Item 17. Secretario municipal. 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk AVISO DE INSPECCIÓN DEL SITIO El 7 de mayo de 2024, el Concejo Municipal de Fort Collins escuchará una apelación de la decisión de la Comisión de Planificación y Zonificación del 15 de febrero de 2024 con respecto a la infraestructura de Mason Street en Hibdon Court y la unidad de acceso existente en una alineación de North Mason Street al norte de Hickory Street en el corredor de North College. De conformidad con la sección 2-53 del Código de la Ciudad, los miembros del Concejo Municipal inspeccionarán el sitio del proyecto propuesto el 6 de mayo de 2024 a las 2:30 p.m. Por la presente se notifica que esta inspección del sitio constituye una reunión del Concejo Municipal que está abierta al público, incluidos los apelantes y todas las partes interesadas. El punto de reunión para la visita del sitio será 1311 North College, en Hibdon Ct., al oeste del edificio 1311, Fort Collins, Colorado. Cualquier miembro del Concejo que inspeccione el sitio, ya sea en la fecha y hora anteriores, o de forma independiente, en la audiencia sobre la apelación, declarará en el expediente cualquier observación que haya hecho o conversaciones que haya tenido en el sitio que crea que puede ser relevante para su determinación de la apelación. Si tiene alguna pregunta o necesita más información, no dude en comunicarse con el Edificio Municipal al 970.221.6515. ____________________________________ Heather Walls, secretaria municipal interina Aviso enviado por correo: 16 de abril de 2024 Cc: Fiscal municipal Community Development and Neighborhood Services El propósito de la inspección del sitio es para que el Concejo Municipal vea el sitio y haga preguntas relacionadas al personal de la Ciudad para ayudar al Concejo a determinar las condiciones del sitio. No habrá oportunidad durante la inspección del sitio para que el solicitante, los apelantes o los miembros del público hablen, hagan preguntas, respondan preguntas o proporcionen información o aportes, ya sea de manera oral o por escrito. Aparte de una breve descripción general del personal y las respuestas del personal a las preguntas, todas las preguntas o comentarios de debate y seguimiento se aplazarán hasta la audiencia sobre la apelación en cuestión que se llevará a cabo el 7 de mayo de 2024. Page 235 Item 17. 113 HICKORY FORT COLLINS LLC 4700 MARKETPLACE DR JOHNSTOWN, CO 80534 115 HICKORY LLC 2775 IRIS AVE BOULDER, CO 80304 1209 N COLLEGE LLC 109 S SHERWOOD ST FORT COLLINS, CO 80521 1298 NORTH COLLEGE LLC 912 9TH AVE GREELEY, CO 80631 1314 RED CEDAR CIRCLE LLC 1314 RED CEDAR CIR FORT COLLINS, CO 80524 1415 BLUE SPRUCE LLC 401 W MOUNTAIN AVE FORT COLLINS, CO 80521 325 HICKORY STREET LLC (.10) CLANDERSON LLC (.20) VERMILYEA SCOTT L/NANCY M (.30) CSNBM LLC (.20) 1401 RIVERSIDE AVE FORT COLLINS CO 80524 A C F V I HOMES LLC 400 HICKORY ST FORT COLLINS, CO 80524 ACEVEDO MA AUXILIO ACEVEDO HUGO FORT COLLINS, CO 80524 ALCARAZ PULIDO MARTIN RODRIQUEZ PAUL 400 HICKORY ST LOT 194 FORT COLLINS, CO 80524 ALLEMOND LANCE 1601 N COLLEGE AVE LOT 88 FORT COLLINS, CO 80524 ALLEN ANN ROBIN MORRIS ANGELA F 1601 N COLLEGE AVE LOT 1 FORT COLLINS, CO 80524 ALTAMIRANO CLAUDIA SANCHEZ 400 HICKORY ST LOT 161 FORT COLLINS, CO 80524 ALVAREZ ANGEL SERVANDO GONZALEZ 400 HICKORY ST LOT 183 FORT COLLINS, CO 80524 ALVAREZ BERNARDINO FLORES OLIVIA 400 HICKORY ST LOT 181 FORT COLLINS, CO 80524 ALVAREZ BRITRO YOLANDA/MERA GARCIA DORA 400 HICKORY ST LOT 167 FORT COLLINS, CO 80524 ALVAREZ DANIEL 400 HICKORY ST LOT 20 FORT COLLINS, CO 80524 AMICK KENNETH R PO BOX 1299 LAPORTE, CO 80535 ANDRESS DALE A/CARRIE L 1601 N COLLEGE AVE LOT 256 FORT COLLINS, CO 80524 ARK DEFENSE LLC 331 HICKORY ST UNIT 110 FORT COLLINS, CO 80524 ARMSTRONG RANDALL DEAN MOORE CHARLOTTE MAE 1601 N COLLEGE AVE LOT 76A FORT COLLINS, CO 80524 AUTOZONE INC PO BOX 2198 DEPT 8700 MEMPHIS, TN 38101 AVENDANO CANDELARIA A YURI M PEREZ 400 HICKORY ST LOT 160 FORT COLLINS, CO 80524 BAESA EDGAR ANARBOL CONTRERAS 400 HICKORY ST LOT 143 FORT COLLINS, CO 80524 BAILEY DEBRA 1601 N COLLEGE AVE LOT 25 FORT COLLINS, CO 80524 BAKER PATTI 1601 N COLLEGE AVE LOT 9 FORT COLLINS, CO 80524 BARAY B TERECITA 400 HICKORY ST LOT 93 FORT COLLINS, CO 80524 BARBARA YANT 1601 N COLLEGE AVE LOT 331 FORT COLLINS, CO 80524 BARTZEN JULIETTE ADELE 1601 N COLLEGE AVE LOT 16 FORT COLLINS, CO 80524 BARWOOD HOLDINGS LIMITED LLC 220 E MULBERRY ST FORT COLLINS, CO 80524 Page 236 Item 17. BATES SHARILEE KATHRYN 1601 N COLLEGE AVE LOT 3 FORT COLLINS, CO 80524 BEAN DELL H 1601 N COLLEGE AVE LOT 219 FORT COLLINS, CO 80524 BEARD BRIAN R 1601 N COLLEGE AVE LOT 216 FORT COLLINS, CO 80524 BECK ROBERT R 1601 N COLLEGE AVE LOT 347 FORT COLLINS, CO 80524 BECK WALDEMAR R 1601 N COLLEGE AVE LOT 109 FORT COLLINS, CO 80524 BELVING LOUIS 1206 ALAMEDA ST FORT COLLINS, CO 80521 BICYCLE COOPERATIVE OF FORT COLLINS INC 331 N COLLEGE AVE FORT COLLINS, CO 80524 BILL FULBRIGHT TRUST FULBRIGHT WILLIAM W 400 HICKORY ST LOT 145 FORT COLLINS, CO 80524 BINKLEY DAVID 1601 N COLLEGE AVE LOT 92 FORT COLLINS, CO 80524 BLACKMAN DAVID 1601 N COLLEGE AVE LOT 341 FORT COLLINS, CO 80524 BLAKESLEE THEODORE W 1601 N COLLEGE AVE LOT 263 FORT COLLINS, CO 80524 BOJORQUEZ VICTORIA 400 HICKORY ST LOT 182 FORT COLLINS, CO 80524 BORDONI MARGARET MADELINE 1601 N COLLEGE AVE LOT 144 FORT COLLINS, CO 80524 BORREGO ERNIE DARLING RAMONA 400 HICKORY ST LOT 147 FORT COLLINS, CO 80524 BORTH TERRY L/RONALD F SR 400 HICKORY ST LOT 83 FORT COLLINS, CO 80524 BOYER CAROL 1601 N COLLEGE AVE LOT 110 FORT COLLINS, CO 80524 BOYER DENNIS/ALMA 1601 N COLLEGE AVE LOT 34 FORT COLLINS, CO 80524 BRACKIN KENNETH TULLY JR 1601 N COLLEGE AVE LOT 53 FORT COLLINS, CO 80524 BRADBERRY DEBORAH K 1601 N COLLEGE AVE LOT 349 FORT COLLINS, CO 80524 BRAUCH RICHARD L 624 W DOUGLAS RD FORT COLLINS, CO 80524 BROSS DEBORAH A 1601 N COLLEGE AVE LOT 68 FORT COLLINS, CO 80524 BROWELL HEIDI 400 HICKORY ST LOT 121 FORT COLLINS, CO 80524 BROWER DANA CLAUDE 1601 N COLLEGE AVE LOT 116 FORT COLLINS, CO 80524 BROWN CRAIG DAVID 1601 N COLLEGE AVE LOT 319 FORT COLLINS, CO 80524 BROWN GERALD ALVIN 1601 N COLLEGE AVE LOT 355 FORT COLLINS, CO 80524 BROWNFIELD B L 1601 N COLLEGE AVE LOT 254 FORT COLLINS, CO 80524 BUCKENDORF EARL DUANE 1601 N COLLEGE AVE LOT 365 FORT COLLINS, CO 80524 BUCKNER RJ VRIAN/YOLANDA 3701 COUNTY ROAD 11 FORT COLLINS, CO 80524 BUNN DIANNE 1601 N COLLEGE AVE LOT 258 FORT COLLINS, CO 80524 BURGESS PATRICIA 1601 N COLLEGE AVE LOT 76B FORT COLLINS, CO 80524 Page 237 Item 17. 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VALDEZ LILY 1601 N COLLEGE AVE LOT 14 FORT COLLINS, CO 80524 VALDEZ MARY A/ANDREW D 1601 N COLLEGE AVE LOT 361 FORT COLLINS, CO 80524 VALENCIA RUIZ ANGEL R 400 HICKORY ST LOT 5 FORT COLLINS, CO 80524 VAQUERA RUBEN VENEGAS SILVINA 400 HICKORY ST LOT 168 FORT COLLINS, CO 80524 VARGAS ROSA MARTINEZ 400 HICKORY ST LOT 62 FORT COLLINS, CO 80524 VEGA LAURA LISA CHAVEZ MARTIN ADRIAN SALDIVAR 400 HICKORY ST LOT 95 FORT COLLINS, CO 80524 VENEGAS MAYRA GONZALEZ HUGO 400 HICKORY ST LOT 171 FORT COLLINS, CO 80524 VENEGAS MIRANDA RODOLFO 400 HICKORY ST LOT 128 FORT COLLINS, CO 80524 VENZOR BRISSA 400 HICKORY ST LOT 154 FORT COLLINS, CO 80524 VENZOR SOCORRO 400 HICKORY ST LOT 108 FORT COLLINS, CO 80524 VENZOR SONIA 400 HICKORY ST LOT 103 FORT COLLINS, CO 80524 VERGARA MERCEDES 400 HICKORY ST LOT 187 FORT COLLINS, CO 80524 VILLALOBOS EVA PEREZ SILVERIO NICHOLAS 400 HICKORY ST LOT 86 FORT COLLINS, CO 80524 WALKER VALERIE C 1601 N COLLEGE AVE LOT 339 FORT COLLINS, CO 80524 WANDER LLC 6400 SW 107TH ST PINECREST, FL 33156 WANKIER LANCE WINGATE SUSAN 3107 SERRANO DR CARLSBAD, CA 92009 WARES CYNTHIA ANN WARES JENNIFER RAE 1601 N COLLEGE AVE LOT 337 FORT COLLINS, CO 80524 WEAVER JOHN CRAIG/MONICA 1601 N COLLEGE AVE LOT 140 FORT COLLINS, CO 80524 WEBB DEE 1601 N COLLEGE AVE LOT 67 FORT COLLINS, CO 80524 WEIS MICHAEL LEE 1601 N COLLEGE AVE LOT 137 FORT COLLINS, CO 80524 WENNERSTEN DARLENE 400 HICKORY ST LOT 7 FORT COLLINS, CO 80524 WERTH LUNETTE K 1601 N COLLEGE AVE LOT 244 FORT COLLINS, CO 80524 WEST DONNA 1601 N COLLEGE AVE LOT 259 FORT COLLINS, CO 80524 WEST RODNEY I/SHARON L DAVIS PATRICIA A 1601 N COLLEGE AVE LOT 19 FORT COLLINS, CO 80524 WEYMOUTH SANDRA MORGAN 400 HICKORY ST LOT 25 FORT COLLINS, CO 80524 WHITE DALE ALBERT 1601 N COLLEGE AVE LOT 273A FORT COLLINS, CO 80524 WHITZEL CONSTANCE K/BRAD WILLIAM 1601 N COLLEGE AVE LOT 309 FORT COLLINS, CO 80524 WILLIAMS LORI D WARREN PAMELA G 1601 N COLLEGE AVE LOT 332 FORT COLLINS, CO 80524 WILSON DANIEL/PEGGY 2828 WAKONDA DR FORT COLLINS, CO 80521 WILSON RODNEY A 544 N HOLLYWOOD ST FORT COLLINS, CO 80521 Page 253 Item 17. WILSON SARAH 508 SUNRISE DR LYONS, CO 80540 WINSLOW ANGELEE C 400 HICKORY ST LOT 16 FORT COLLINS, CO 80524 WIRFS VALERIE 1601 N COLLEGE AVE LOT 36 FORT COLLINS, CO 80524 WISE BRIAN 1601 N COLLEGE AVE LOT 24 FORT COLLINS, CO 80524 WOOD JR WILBUR ARTHUR 1601 N COLLEGE AVE LOT 32 FORT COLLINS, CO 80524 WOOD RONALD G/JENNIFER L/WILLARD E 122 HIBDON CT FORT COLLINS, CO 80524 WORRELL RICHARD 1601 N COLLEGE AVE LOT 250 FORT COLLINS, CO 80524 WRAY MARK DOUGLAS 1601 N COLLEGE AVE LOT 322 FORT COLLINS, CO 80524 WURST PAMELA C 1601 N COLLEGE AVE LOT 61 FORT COLLINS, CO 80524 YOUNG WILLIAM KENT 1601 N COLLEGE AVE LOT 311 FORT COLLINS, CO 80524 ZAMORA CHAD 400 HICKORY ST LOT 156 FORT COLLINS, CO 80524 ZAMORA FUENTES MONICA ZAMORA MARIA 400 HICKORY ST LOT 63 FORT COLLINS, CO 80524 ZAMORA FUENTES MONICA AVALOS A JUAN DANIEL 400 HICKORY ST LOT 184 FORT COLLINS, CO 80524 ZARCO RICHARD DUMAS RICHELLE/CHRISTOPHER 1601 N COLLEGE AVE LOT 300 FORT COLLINS, CO 80524 ZENDER JACQUELINE D ZENDER DOUGLAS 1601 N COLLEGE AVE LOT 141 FORT COLLINS, CO 80524 ZEPHYR FORT COLLINS LP 8100 E UNION AVE UNIT 1104 DENVER, CO 80237 ZERVOS CLAUDIA 1601 N COLLEGE AVE LOT 289 FORT COLLINS, CO 80524 ZFH LLC 3501 BAYSHORE RD FORT COLLINS, CO 80524 ZUNIGA JOSE LUIS 400 HICKORY ST LOT 61 FORT COLLINS, CO 80524 Charlie Meserlian 700 N College Ave Fort Collins, CO 80524 Dave Garner 1505 N College Ave Fort Collins, CO 80524 Page 254 Item 17. Notice of Appeal Filed by Charles Meserlian February 27, 2024 Page 255 Item 17. REC’D BY CITY CLERK FEB27’24pH3:57 NOTICE OF APPEAL FOR CITY CLERK’S USE ONLY:Mason Street Infrastructure -ODP ApprovalActionBeingAppealed: DATE FILED: INITIALS:Date of Action:02/15/2024 Decision Maker:Planning &Zoning Commision REC’L BY CITY CLERK .7Appellant/Appellan epresentative (if more than one appe an Name:Phone#:c9’7e)t~”QO-/2 ci Address:y~w3 4 S//se %YL Email:fit e y4#0~ ~s INSTRUCTIONS For each allegation marked below,attach a separate summary of the facts contained in the record which support the allegation of no more than two pages,Times New Roman 12-point font.Please restate allegation at top of first page of each summary. GROUNDS FOR APPEAL The Decision Maker committed one (1)or more of the following errors (check all that apply): Failure to properly interpret and apply relevant provisions of the City Code,the Land Use Code,and Charter. List relevant Code and/or Charter provision(s)here,by specific Section and subsectionl subparagraph: LUC Division 3.3.2(d)(5)-Stormwater Drainage Subsequent MUC Section 26-543(a)(4)-Master Drainage Plan:Dry Creek Basin Subsequent MUC Section 26-544(a)-Conformity with master plan of the storm water facilities Failure to conduct a fair hearing in that: El (a)The Board,Commission,or other Decision Maker exceeded its authority or jurisdiction as contained intheCodeorCharter.INew evidence not allowed] LI (b)The Board,Commission or other Decision Maker substantially ignored its previously established rules ofprocedure.[New evidence not allowed] (c)The Board,Commission or other Decision Maker considered evidence relevant to its findings which was substantially false or grossly misleading.[New evidence allowed] El (d)The Board,Commission or other Decision Maker improperly failed to receive all relevant evidence offeredbytheappellant.[New evidence allowed] El (e)The Board,Commission or other Decision Maker was biased against the appellant by reason of a conflictofinterestorotherclosebusiness,personal or social relationship that interfered with the Decision Maker’s independence of judgment.[New evidence allowed] NEW EVIDENCE All new evidence the appellant wishes Council to consider at the hearing on the appeal must be submitted to the City Clerk within seven (7)calendar days after the deadline for filing a Notice of Appeal and must be clearly marked as new evidence.No new evidence will be received at the hearing in support of these allegations unless it is submitted to the City Clerk by the deadline (7 days after the deadline to file appeal) or offered in response to questions posed by Councilmembers at the hearing. en? Form updated 4/22/2020Page 256 Item 17. Parties-in-interest have the right to file an appeal. APPELLANTS A party-in-interest is a person who,or organization which,has standing to appeal the final decision of a board, commission or other decision maker.Such standing to appeal is limited to the following: •The applicant. •Anyone who owns or occupies the property which was the subject of the decision made by the board, commission or other decision maker. •Anyone who received the mailed notice of,or spoke at,the hearing of the board,commission or other decision maker. •Anyone who provided written comments to the appropriate City staff for delivery to the board,commission or other decision maker prior to or at the hearing on the mailer that is being appealed. •A City Councilmember. Signature:/ Name:4~L /g~~-27-ty/f—7—Date: Email: (~f4w /1 ~-7 Th tc~cS &~/ü~ Phone#:Address: 9~~6/4 ~~Ds ~qqo /zci Describe how you qualify as a pa~in-interest: Signature:Date: Name:Email: Address:Phone It: Describe how you qualify as a party-in-interest: Signature:Date: Name:Email: Address:Phone It: Describe how you qualify as a party-In-interest: ATFACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY fl-n Form updated 4/22/2020Page 257 Item 17. Appeal of approval for the Mason Street Infrastructure —Overall Development Plan on the basis that the Board,Commission or other Decision Maker considered evidence relevant to its findings which was substantially false or grossly misleading. Here are the codes in reference: Land Use Code Division 3.3.2(D)(5)—Stormwater Drainage.The applicant shall provide stormwater facilities and appurtenances as required by Section 26-544 of the City Code and,where applicable,such facilities shall conform to Section 10-37 of the City Code. Subsequent Sections: Municipal Code Section 26-543(a)(4)—Master Drainage Plans:Dry Creek Basin: •Dry Creek Master Plan,prepared by URS Corporation,Inc.,dated December 2002; •Stormwater Quality and Stream Restoration Update to the Dry Creek Basin Stormwater Master Drainage Plan,prepared by Ayres Associates, dated October 2012. Municipal Code Section 26-544(a)-Prior to the final approval of the plat of any subdivision,or prior to commencement of construction upon any lot or parcel of land for which a drainage report and construction plan for the installation of stormwater facilities has not been prepared and approved by the City,the owners of the property being subdivided or upon which construction is being commenced shall,at such owners cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision or lot,including any off-site facilities required to convey stormwater to existing drains,channels,streams,detention ponds or other points,all in conformity with the master plan of the storm water basins,the Fort Collins Stormwater Criteria Manual adopted pursuant to §26-500,and the Water Utilities Development Construction Standards adopted pursuant to § 26-29. Throughout the “Overall Drainage Report —Mason Street Infrastructure”,prepared by Northern Engineering,dated December 15th,2023,it is stated that the “regional”pond proposed is an interim pond that will account for the existing detention volume in addition to the developments required detention volume.The drainage report acknowledges that “notable offsite-runoff passes directly through the project site.It will not be quantified with the interim drainage design...”It also states that “Fort Collins will provide analysis of the upstream basins and the design of the ultimate regional Detention Pond.”During the Staff presentation for the Mason Street Infrastructure Overall Development Plan (ODP),it was stated that there is plenty of space for the 1 Page 258 Item 17. ultimate regional detention pond.It is believed that this is grossly misleading since there is no evidence or analysis provided to reference that the ultimate regional pond is feasible with the proposed ODP improvements. An Overall Development Plan (ODP)is the groundwork or masterplan for future development.Without knowing what all entails the requirements of the regional pond, dependent on upstream analysis provided by the City of Fort Collins,this should be considered an incomplete masterplan or incomplete ODP for future developments to reference.There is no evidence provided that the ultimate regional pond is achievable. It is necessary to provide this analysis and evidence at the ODP level to ensure a guarantee to the upstream property owners,stakeholders,that a regional benefit could be satisfied. Page 259 Item 17. Formulario actualizado el 4/22/2020 AVISO DE APELACIÓN Infraestructura de Mason Street - Aprobación del ODP Medida apelada: Fecha de la medida: 02/15/2024 Responsable de la toma de decisiones: Comisión de Planificación y Zonificación Nombre: Teléfono: Dirección: Correo electrónico: INSTRUCCIONES Para cada acusación marcada a continuación, adjunte un resumen separado de los hechos que se encuentran en el expediente que respaldan la alegación de no más de dos páginas, fuente Times New Roman de 12 puntos. Vuelva a exponer la acusación en la parte superior de la primera página de cada resumen. MOTIVOS PARA LA APELACIÓN El responsable de la toma de decisiones cometió uno (1) o más de los siguientes errores (marque todos los que correspondan): No interpretó ni aplicó correctamente las disposiciones pertinentes del Código de la Ciudad, el Código de Uso del Suelo (LUC) y los estatutos. Mencione aquí las disposiciones pertinentes del Código o de los estatutos, por sección específica y subsección/subpárrafo: División 3.3.2(d)(5) del LUC: Drenaje de aguas pluviales Sección 26-543(a)(4) de MUG subsiguiente: Plan maestro de drenaje: Ory Creek Basin Sección 26-544(a) de MUG subsiguiente: Conformidad con el plan maestro de las instalaciones de aguas pluviales Falta de celebración de una audiencia imparcial sobre el hecho de que: (a) La Junta, la Comisión u otro responsable de la toma de decisiones se excedió en su autoridad o jurisdicción según lo dispuesto en el Código o los estatutos. [Nueva evidencia no permitida] (b) La Junta, la Comisión u otro responsable de la toma de decisiones ignoró sustancialmente sus reglas de procedimiento previamente establecidas. [Nueva evidencia no permitida] (c) La Junta, la Comisión u otro responsable de la toma de decisiones consideró que las pruebas que respaldaban sus conclusiones eran sustancialmente falsas o muy engañosas. [Se permiten nuevas evidencias] (d) La Junta, la Comisión u otro responsable de la toma de decisiones omitieron indebidamente presentar todas las evidencias pertinentes ofrecidas por el apelante. [Se permiten nuevas evidencias] (e) La Junta, la Comisión u otro responsable de la toma de decisiones estaba sesgado en contra del apelante por razón de un conflicto de intereses u otra relación comercial, personal o social cercana que interfería con la independencia para juzgar del responsable de la toma de decisiones. [Se permiten nuevas evidencias] NUEVAS EVIDENCIAS Todas las evidencias nuevas que el apelante desee que el Concejo considere en la audiencia sobre la apelación deben presentarse al secretario municipal dentro de los siete (7) días calendario posteriores a la fecha límite para presentar un Aviso de apelación y deben estar marcadas con claridad como evidencias nuevas. No se recibirán nuevas evidencias en la audiencia en apoyo de estas acusaciones, a menos que se presenten al secretario municipal antes de la fecha límite (7 días después de la fecha límite para presentar la apelación) o se ofrezcan en respuesta a las preguntas planteadas por los concejales en la audiencia. Apelante/Representante del apelante (si hay más de un apelante): □ □ □ □ □ □ PARA USO EXCLUSIVO DEL SECRETARIO MUNICIPAL FECHA DE PRESENTACIÓN: INICIALES: Page 260 Item 17. Formulario actualizado el 4/22/2020 APELANTES Firma: Fecha: Nombre: Correo electrónico: Dirección: Teléfono: Describa cómo califica como parte interesada: Firma: Fecha: Nombre: Correo electrónico: Dirección: Teléfono: Describa cómo califica como parte interesada: Firma: Fecha: Nombre: Correo electrónico: Dirección: Teléfono: Describa cómo califica como parte interesada: ADJUNTE HOJAS DE FIRMA ADICIONALES SI ES NECESARIO Las partes interesadas tienen derecho a presentar una apelación. Una parte interesada es una persona u organización que tiene legitimación para apelar la decisión final de una junta, comisión u otro responsable de la toma de decisiones. Dicha legitimación para apelar se limita a lo siguiente: • . El solicitante. • Cualquier persona que posea u ocupe la propiedad que fue objeto de la decisión tomada por la junta, comisión u otro encargado de tomar decisiones. • Cualquier persona que haya recibido el aviso enviado por correo o que haya hablado en la audiencia de la junta, comisión u otra persona encargada de tomar decisiones. • Cualquier persona que haya proporcionado comentarios por escrito al personal municipal correspondiente para que los entregue a la junta, comisión u otro responsable de la toma de decisiones antes o durante la audiencia sobre el asunto que se está apelando. • Un integrante del Concejo Municipal. Page 261 Item 17. 3 Apelación de la aprobación del Plan general de desarrollo de la infraestructura de Mason Street sobre la base de que la Junta, la Comisión u otro responsable de la toma de decisiones consideró evidencia relevante para sus conclusiones que era sustancialmente falsa o muy engañosa. Estos son los códigos de referencia: División 3.3.2(0)(5) del Código de Uso de la Tierra: Drenaje de aguas pluviales. El solicitante deberá proporcionar instalaciones y accesorios de aguas pluviales, según lo requerido por la sección 26-544 del Código de la Ciudad y, cuando corresponda, dichas instalaciones deberán cumplir con la sección 10 -37 del Código de la Ciudad. Secciones posteriores: Sección 26-543(a)(4) del Código Municipal: Planes maestros de drenaje: Dry Creek Basin: • Plan maestro de Dry Creek, preparado por URS Corporation, lnc., con fecha de diciembre de 2002. • Actualización de la calidad de las aguas pluviales y restauración de arroyos al Plan maestro de drenaje de aguas pluviales de Dry Creek Basin, preparado por Ayres Associates, con fecha de octubre de 2012. Sección 26-544(a) del Código Municipal: antes de la aprobación final del plano catastral de cualquier subdivisión o antes del comienzo de la construcción en cualquier lote o parcela de terreno para el cual la Ciudad no haya preparado ni aprobado un informe de drenaje y un plan de construcción para la instalación de aguas pluviales, los propietarios de la propiedad que se subdivide o sobre la cual se inicia la construcción deberán, a costo de dichos propietarios, preparar un informe detallado de drenaje y planes de construcción para la instalación de todas las instalaciones de aguas pluviales requeridas para dicha subdivisión o lote, incluidas las instalaciones fuera del sitio requeridas para transportar aguas pluviales a desagües, canales, arroyos, estanques de retención u otros puntos existentes, todo de conformidad con el plan maestro de las cuencas de aguas pluviales, el Manual de Criterios de Aguas Pluviales de Fort Collins adoptado de conformidad con la sección 26-500, y los estándares de construcción para el desarrollo de servicios públicos de agua adoptados de conformidad con la sección 26-29. A lo largo del "Informe general de drenaje: infraestructura de Mason Street", elaborado por Northern Engineering, con fecha del 15 de diciembre de 2023, se afirma que el estanque "regional" propuesto es un estanque provisional que representará del volumen de retención existente además del volumen de retención requerido por los desarrollos. El informe de drenaje reconoce que "la escorrentía notable fuera del sitio pasa directamente a través del sitio del proyecto. No se cuantificará con el diseño de drenaje provisional...". Page 262 Item 17. 4 También establece que "Fort Collins proporcionará un análisis de las cuencas aguas arriba y el diseño del estanque de retención regional definitivo". Durante la presentación del personal para el Plan de desarrollo general (ODP) de la infraestructura de Mas on Street, se indicó que hay mucho espacio para el estanque de retención regional definitivo. Se cree que esto es muy engañoso, ya que no se proporcionan pruebas ni análisis que hagan referencia a que el estanque regional definitivo sea factible con las me joras propuestas para el ODP. Un Plan de desarrollo general (ODP) es la base o plan maestro para el desarrollo futuro. Sin saber lo que implican los requisitos del estanque regional, que depende del análisis aguas arriba proporcionado por la ciudad de Fort Collins, esto debe considerar se un plan maestro incompleto o un ODP incompleto para futuros desarrollos como referencia. No hay pruebas de que se pueda lograr el estanque regional definitivo. Es necesario proporcionar este análisis y evidencia a nivel de l ODP para asegurar una garantía a los propietarios de propiedades aguas arriba, a las partes interesadas, de que se podría satisfacer un beneficio regional. Page 263 Item 17. Staff Report (with attachments) Presented to the Planning & Zoning Commission February 15, 2024 Page 264 Item 17. Development Review Staff Report Agenda Item 3 Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Commission Hearing February 15, 2024 Mason Street Infrastructure Overall Development Plan Summary of Request This is a proposed Overall Development Plan (ODP), #ODP230001, for infrastructure improvements associated with a new segment of North Mason Street extending south from Hibdon Court. Zoning Map Next Steps The ODP sets the stage for subsequent Project Development Plans (PDPs). Location Hibdon Court and the existing access drive on a North Mason Street alignment north of Hickory Street in the North College Corridor. Parcel #’s 9702100918 and 9702100007. Property Owner North College 1311, LLC 262 E. Mountain Avenue Fort Collins, Colorado 80524 Applicant/Representative Klara Rossouw Ripley Design Inc. 419 Canyon Avenue Ste. 200 Fort Collins, CO 80521 Staff Clark Mapes, City Planner Contents 1. Project Introduction .................................... 2 2. Land Use Code Article 2 ............................ 5 3. Land Use Code Article 3 ............................ 8 4. Land Use Code Article 4 ............................ 8 5. Findings of Fact/Conclusion ...................... 8 6. Recommendation ....................................... 8 7. Attachments ............................................... 8 Staff Recommendation Approval of the ODP. Willox Ln. N. C o l l e g e Hickory St. SITIO/SITE MH Zone Bristlecone Dr. CS Zone Hibdon Ct. Page 265 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 2 of 8 Back to Top 1. Project Introduction A. PROJECT DESCRIPTION The purpose of this proposed ODP is to guide pending and future development plans by outlining some key parameters for any development on the subject property. The property currently comprises two unplatted land parcels. The ODP outlines reconfiguration of the existing parcels into 3 future lots and right-of-way (ROW) for a segment of a future North Mason Street, to be created in a future subdivision plat. The parcel reconfiguration and a drainage plan provide for a planned regional stormwater detention facility, and for a developable lot with additional street frontage. The plan provides a framework for vehicular access points and pedestrian connectivity, and identifies a significant natural feature -- a remnant of the original Dry Creek channel -- that will need to be addressed in detail in any subsequent Project Development Plans. c To N. College Hi c k o r y S t . Hibdon Ct. Page 266 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 3 of 8 Back to Top The proposed street right-of-way represents improvement of a segment of an existing 24-foot drive in an access easement, which is a step toward long-planned retrofitting of Mason Street into the area along with drainage and utility infrastructure. The reconfiguration of land parcels as shown in the ODP involves a transaction between the owners of the two existing parcels—the applicant and the City. Negotiation of a beneficial configuration has involved significant exploration of stormwater drainage and detention needs, and implications of a natural habitat buffer zone for Dry Creek which would be required in any development. B. DEVELOPMENT STATUS/BACKGROUND 1. Annexation and Planning The land was annexed as part of the 1959 North College Annex. The North College corridor area had been divided into multiple parcel ownership in private transactions through the first half of the 20th century. Parcels along the west side of North College were developed with a commercial strip of buildings along the highway with full-movement vehicle access to every parcel and no defined edge improvements or coordinated drainage system. Original ad hoc development included little to no attention to rear areas behind the highway frontage in terms of infrastructure or development. Retrofitting an extension of Mason Street west of North College Avenue has been an important part of planning for the evolving North College corridor since the first North College Corridor Plan in 1995. Extensive City planning and related investment since that time has led to numerous incremental improvements in the corridor plan area including a drainage master plan and a 2016 North College Improvements capital project that built a drainage system along the highway, sidewalks, curbs and gutters, medians, and the existing access drive. The drive exists in an access easement. Access Drive in a Public Access Easement Hickory St. N. C o l l e g e Hibdon Ct. Page 267 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 4 of 8 Back to Top 2. Surrounding Zoning and Land Use North South East West Zoning Service Commercial (CS) Service Commercial (CS) Service Commercial (CS) Manufactured Housing (MH) Land Use Two houses, auto repair with outdoor storage, Montclair mobile homes with outdoor storage Industrial operations (steel supply) Commercial buildings along the highway, Stonecrest mobile homes Hickory Village Manufactured Housing Development 3. Dry Creek An isolated remnant of Dry Creek runs across the subject property. Dry Creek was a significant tributary of the Poudre River prior to settlement of the area in the late 1800s and early land development in what is now the North College corridor. Its drainage basin extends 20 miles north of the city. Original development of the North College corridor was built up across the channel and floodplain, virtually eliminating the channel and most evidence of it. A few small remnants of the channel still exist, and one of those runs through the subject property. A major City capital project upstream removed the floodplain in 2006. Dry Creek Remnant Page 268 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 5 of 8 Back to Top 2. Comprehensive Plan A. CITY PLAN (2019) City Plan is the comprehensive plan for the City of Fort Collins. It provides a forward-looking vision and overall policy framework for land use and transportation citywide. Land Use Code standards then implement policy direction in City Plan. Policy is not regulatory in the manner of the Land Use Code, but staff still considers pertinent policy direction when it aids interpretation of the standards in the review of development proposals. B. NORTH COLLEGE CORRIDOR PLAN (2006) The North College Corridor Plan is a related element of City Plan with much more specific, pertinent policy direction tailored to the circumstances of the area. It specifically describes the need to evolve a more complete network of streets, drives, and alleyways serviced by public access and utilities, behind the highway frontage. It emphasizes the need to adapt citywide standards to fit specific circumstances when retrofitting streets into existing developed and partially developed areas. Relatedly, it explains that “Almost any (re)development project has multiple infrastructure needs and one requirement leads to another, all the way down to the lack of a drainage system for the entire area. While a drainage system is not an end in itself, it is perhaps the first priority in land development.” It explains the issue and need in detail, and notes that a drainage system report was completed in the same time frame as the corridor plan. And likewise, it explains the need and issues related to other utility infrastructure which is aging or lacking. A number of infrastructure improvements have been completed consistent with the plan since 2006, with one example being the alley-like access drive which will become a segment of North Mason Street. The proposed ODP is directly consistent with the corridor plan. 3. Land Use Code Article 2 A. DIVISION 2.2 – DEVELOPMENT REVIEW PROCEDURES Applicable Code Standard Summary of Code Requirement and Staff Analysis Staff Findings 2.2.1-2.2.8 Procedural Steps These subsections outline the required steps for processing development applications. Pertinent steps have been: Preliminary Design Review A Preliminary Design Review meeting for the original concept for infrastructure and a Fort Collins Rescue Mission development held on 10/14/22. First Submittal The application was submitted on May 26, 2023. Neighborhood Meeting A neighborhood meeting was held May 10, 2023. Notice (Posted, Written and Published) Posted Notice: Sign posted June 7, 2023, Sign #740. Written Hearing Notice: January 31, 2024, 234 addresses mailed. Published Hearing Notice: Scheduled for February 4, 2024. Complies Page 269 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 6 of 8 Back to Top B. DIVISION 2.3 - OVERALL DEVELOPMENT PLAN Division 2.3 contains the standards for ODPs. Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 2.3.1 Purpose The purpose of the overall development plan (ODP) is to establish general planning and development control parameters for projects that will be developed in phases with multiple development plan submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an overall development plan does not establish any right to develop property in accordance with the plan. Complies Page 270 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 7 of 8 Back to Top 2.3.2 (H)(1) and (3)-(6) An ODP must comply with the following pertinent criteria, slightly paraphrased: (1) The plan shall be consistent with the permitted uses and pertinent zone district standards in Article 4 and pertinent general development standards in Article 3 that can be applied at the level of detail required for an overall development plan submittal. • The ODP does not indicate land uses. • It indicates street improvements consistent with standards for vehicular, pedestrian, and bicycle access in Article 3 at an appropriate level of detail. • It indicates drainage and stormwater detention improvements, and utilities that would be needed to enable development, at an appropriate level of detail. (3) The plan shall conform to the Master Street Plan requirements and street pattern/connectivity standards, and demonstrate how the development, when fully constructed, will meet the Transportation Level of Service Requirements in Section 3.6.4, with submittal of a Master Plan Level Transportation Impact Study (TIS). • The Mason Street improvements help to fulfill the Master Street Plan. • A TIS was prepared, reviewed and accepted by staff. It uses certain assumptions for land use including a homeless shelter along the lines of the proposed shelter. Its conclusions are not dependent on the exact uses that may be developed because the additional trips have little or no impact on the operations of the study intersections when compared to the background scenario. Relatedly, it concludes that the Master Street Plan identifies Mason Street as a collector, however the study indicates that projected volumes are well below the capacity threshold and can be accommodated with a local street cross-section unless significant development occurs beyond the assumptions. (4) The plan shall provide for the location of transportation connections to adjoining properties in such manner as to ensure connectivity into and through the overall development plan site from neighboring properties for vehicular, pedestrian and bicycle movement. • The two streets and an existing unpaved drive access to a mobile home development on the east provide this connectivity. • No new connections are feasible due to physical conditions around the site comprising existing development, the large stormwater detention pond, the natural habitat buffer zone for Dry Creek, and a railroad spur and power transmission corridor along the south edge of the plan. (5) The plan shall show the general location and approximate size of any natural habitats and features and shall indicate a proposed rough estimate of the natural area buffer zones pursuant to code Section 3.4.1(E) which governs the buffer zones. • An Environmental Characterization Study (ECS) was by a professional firm. The study is attached. • A remnant of Dry Creek is a prominent natural feature that runs across the site. The Ecological Characterization Study suggests that drainage has not been present on the property in a long time as no riparian vegetation Complies Page 271 Item 17. Planning & Zoning Commission Hearing - Agenda Item 3 ODP 230001 | Mason Street Infrastructure Overall Development Plan Thursday, February 15, 2024 | Page 8 of 8 Back to Top is found in the area. Rather, the majority of the vegetation that is present comprises upland species. Wildlife use of the site is low due to the surrounding urban development, seasonal mowing, and dominance by non-native species. • Any impacts to the habitat will be addressed at the time of a subsequent PDP. A tree inventory, and any needed tree mitigation plans will be included in any PDP review process (6) The plan shall be consistent with the appropriate Drainage Basin Master Plan. • The ODP incorporates crucial parameters for master planned regional detention at an appropriate level of detail. The reconfiguration of the two existing parcels reflects the parameters. 4. Land Use Code Article 3 Article 3 standards do not apply to ODP’s except for the few references found in Section 2.3, as explained above. 5. Land Use Code Article 4 No Article 4 zone district standards are pertinent to the ODP. 6. Findings of Fact/Conclusion In evaluating the request for the Mason Street Infrastructure Overall Development Plan #ODP230001, staff makes the following findings of fact and conclusions: 1. The Overall Development Plan complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code. 2. The Overall Development Plan complies with the applicable standards for Overall Development Plans which are located in Division 2.3 of the Land Use Code. 7. Recommendation Staff recommends that the Planning and Zoning Commission approve the Mason Street Infrastructure Overall Development Plan #ODP230001, based on the Findings of Fact and supporting explanations found in the staff report. 8. Attachments 1. Applicant Narrative 2. Overall Development Plan Set 3. Ecological Characterization Study 4. Traffic Impact Study 5. Staff Presentation 6. Applicant Presentation Page 272 Item 17. 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 Mason Street Infrastructure | Overall Development Plan Project Narrative May 24th, 2023 Revised January 22nd, 2024 Past Meeting Dates: Preliminary Design Review: October 12th, 2022 Neighborhood Meeting: May 5th, 2023 Applicant: 1311 N. College, LLC. General Information: The Mason Street Overall Development Plan (ODP) is located in the North College Corridor along Mason Street between Hibdon Court and Hickory Lane. The site currently exists as two parcels, one of which is owned by 1311 N College LLC, and the other, City of Fort Collins. The existing zoning for the two parcels is Community Service District (C-S), and no changes to the zoning are being proposed. As part of the ODP, the existing parcels are being reconfigured into 3 lots to benefit the future detention volumes needed for the regional detention facility, and provide additional lot frontage along Mason for future development. The Mason Street ODP provides framework for potential vehicular access points, pedestrian connectivity, and identified significant natural features that should be addressed in detail with subsequent Project Development Plans (PDP). Mason Street and Hibdon Court are considered and noted as part of the required public roadways. As required per the Land Use Code, any site-specific information such as parking, buildings, use, etc. will be evaluated with subsequent Project Development Plan submittals. Transportation Improvements With the ODP, 71’ of Right-of-Way (R.O.W) is noted for the future of Mason Street. The ultimate R.O.W will accommodate a widened sidewalk, a tree lawn, a designated bike lane, and two vehicular drive lanes. A traffic study was conducted and is submitted with this proposal. For each of the new lots, vehicular and pedestrian access points are identified in relationship to the proposed roadways. Neighborhood Meeting Summary: A neighborhood meeting was held for the ODP. Several people attended the meeting both in-person and virtually, and the tone was that of curiosity and general interest. Most comments related to detention and tie -in to the surrounding infrastructure, and how Mason Street would be aligned in the future. Specific comments related to Mason Street along our property frontage noted a desire for a bicycle and pedestrian friendly street section. Page 273 Item 17. 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 ODP Site Design: Although no site-specific information is proposed with this ODP, it is noted that that there is a habitat feature located in the center of the site in the north associated with the Dry Creek Drainage. The Ecological Characterization Study suggests that drainage has not been present on the property in a long time as no riparian vegetation is found in the area. Interestingly, the majority of the vegetation that is present on site are upland species. Any impacts to the habitat shall be addressed at the time of a subsequent PDP submittal for on-site work. A tree inventory, and any needed tree mitigation plans will be provided during the PDP revie w process. The ODP is proposing to improve the regional sanitation line and the regional water line. An 8” water line will be installed in Mason Street and connect the existing water lines in Hibdon Court and Hickory Street. A 12” sanitary line will also be installed from north to south along Mason Street. The 12” sanitary line will connect at Hibdon Court and run south and tie into an existing manhole which is in a 20’ Utility Easement just east of Lot 2. These sanitary and water line alignments follow the concepts laid out in the City’s Mason Street Master Plan. Phasing: Regarding the future uses of the property, the intent of the ODP is for the land to be developed as separate proposals and at different times. Currently the timeline and phasing of future development is uncertain. Comment Response Letter: A copy of the letter received at Preliminary Design Review in October is submitted along with this first round package. The comment responses reflect those that are specific to this ODP, and the infrastructure package. Any comments related to buildings and site-specific design will be addressed when subsequent PDPs are submitted. Page 274 Item 17. 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Technical Memo PO Box 272150 Fort Collins, CO 80527 11Date: February 17, 2023 To: City of Fort Collins, Planning, Development, and Transportation, Environmental Department From: Cedar Creek Associates, Inc. Subject: 1311 North College Ecological Characterization Study This Ecological Characterization Study (ECS) Memo is submitted to address City of Fort Collins Land Use Code (Section 3.4.1) requirements to identify habitats and natural resource areas on or within proximity of proposed developments. The Project Site is comprised of parcels 9702100007 and 9702100918 and is situated between Willox Lane and Hickory Street to the north/south. Mason street generally runs along the Project Site ’s eastern boundary (Figure 1). Ecological characteristics were evaluated on September 13, 2022. A data review was conducted to gather information and assist in the evaluation of potential natural biological resources within the property. The data review entailed an evaluation of online resources and publications to determine the presence or potential occurrence of important natural and biological resources. This data review included: •U.S. Fish and Wildlife Service (USFWS) Federally Listed and Proposed Endangered, Threatened, and Candidate Species and Critical Habitat as identified by the USFWS Information, Planning, and Conservation System (IPaC) Official Species List and Critical Habitat Mapper; •Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act (BGEPA) protected species as identified on the IPAC Trust Resources Report; •T he Colorado Natural Heritage Program database statewide species and natural community tracking list for Larimer County; •Colorado Parks and Wildlife (CPW) Threatened and Endangered Species List; •City’s Natural Areas Species of Concern list (Restoration Plan 2016 -2025, 2016); •The City’s Land Use Code (Article 3, Section 3.4.1); •The City’s Natural Habitat and Features Inventory Map (2000); •The Colorado Wetland Inventory (CWI); •USFWS National Wetlands Inventory (NWI); and •US Natural Resources Conservation Service (NRCS) Web Soil Survey. The following provides a summary of information required by Fort Collins Land Use Code under 3.4.1 (D) (1) items (a) through (k). Page 278 Item 17. ECOLOGICAL STUDY CHARACTERIZATION CHECKLIST (a & j – General Ecological Function and Wildlife Use). Dominant vegetation supported in the uplands are non-native pasture species such as smooth brome (Bromus inermis) and orchard grass (Dactylis glomerata) along with non-native forbs such as alfalfa (Medicago sative) and prickly lettuce (Lactuca serriola). Non-native species also dominate Dry Creek, which does not exhibit bed and bank, throughout all strata. Dominant trees include the non-native species crack willow (Salix fragilis), Siberian elm (Ulmus pumila) and white popular (Populus alba) while smooth brome is dominant in the herbaceous layer. Wildlife use of the Project Site is low due to the surrounding urban development, seasonal mowing, and dominance by non-native species. The mature trees located along the drainage channel and SE boundary of the Project Site provides suitable perching, nesting, and foraging habitat for songbirds and raptors. No raptors or nests were observed in trees on the property during the site visit. Future raptor nesting in trees within the Project Site is unlikely due to surrounding human activities and the lack of suitable, adjacent foraging habitats. Wildlife species capable of existing within or using the Project Site are limited to those species that are either habitat generalists capable of existing in modified urban environments or species which use a wide variety of habitats for foraging over a large area. According to the NCRS Web Soil Survey, the Project Site is comprised mainly of Nunn clay loam 0 - 1 percent slopes. This is a poorly drained , not highly erosive soil and is not classified as hydric. The topography of the Project Site is generally level with gradual drainage into Dry Creek. Attached Photos provide representative views of the Project Site. A winter raptor nesting survey was conducted on December 5th 2022, which was after leaf fall to facilitate observation of nests. There were no raptor nests identified on any trees in or adjacent to the project area. (b & f – Wetland and Water Delineation) Dry Creek is not considered a wetland by the NWI or CWI. Additionally, an investigation of the area using methodology described in the USACE wetland delineation manual show no dominant wetland species. There is no high-water mark or evidence of flowing water, and no bed or bank is established within the extent of the channel. (c – Prominent Views) The Project Site does not provide any significant or unobstructed views of natural areas or other important visual features. (d – Native Vegetation Summary) Native vegetation is limited on the Project Site and is only present in a few small patches of Western wheatgrass (Pascopyrum smithii ) in the upland pastures and horse tail (Equisetum sp.) and showy milkweed (Asclepias speciosa) in the drainage channel . Other native woody species observed on the Project site include rose (Rosa woodsii), wild licorice (Glycyrrhiza lepidota) and narrowleaf willow (Salix exigua). A linear stand of cottonwood (Populus deltoides) trees is also present along the SE boundary of the Project Site but is lacking an herbaceous understory due to residential development. (e – Non-native Vegetation Summary) The trees present along the drainage channel and road provide suitable foraging, perching, and nesting habitat for urban adapted avifauna. They create shade, provide canopy cover, and offer aesthetic and cooling value. The ec ological value of these trees is diminished by the proximity to the residences, limited suitable habitat in the surrounding area and lack of a native herbaceous understory . (g – Sensitive Species Habitat) Showy milkweed is present in the NW portion of the Project Site. This genus (Asclepias sp.) serves as the obligate host plant for the Monarch butterfly (Danaus Page 279 Item 17. plexippus), a USFWS candidate species. The project area was also evaluated with regards to potential habitat for state and federal listed threatened and endangered species, and it was determined that no suitable habitat exists for Preble’s meadow jumping mouse (Zapus hudsonius preblei), Ute ladies’-tresses (Spiranthes diluvialis), or Western prairie fringed orchid (Platanthera praeclara). (h – Special Habitat Features) The most prominent ecological feature on the Project Site is Dry Creek bisecting the property , which is considered a Natural Habitat Feature by the City of Fort Collins. In accordance with Section 3.4 .1, this feature requires a 100-foot buffer zone. The channel is comprised mainly of non-native vegetation and exhibits no indication of flowing water with no establishment of a stream bed or bank. (i – Wildlife Movement Corridors) Dry Creek provides some cover and movement potential for highly mobile, urbanized wildlife species such as mule deer (Odocoileus hemionus ), raccoon (Procyon lotor), and coyote (Canis latrans). Lack of flowing water, significant native vegetation or quality surroundi ng habitat limits the Project Sites potential as a wildlife movement corridor. (k – Timing Issues) Nesting avifauna should be considered during development planning of the Project Site. Mature trees provide suitable nesting habitat for several species. To the extent possible, tree removal and ground disturbing activities should be limited during the migratory bird nesting season (February 1st to July 31st). Raptor avoidance should also be observed and should follow CPW recommended buffer zones and seasonal restrictions. (l – Proposed Mitigation) In accordance with Section 3.4 .1, a 100-foot buffer zone around the Dry Creek is warranted for the Project Site. Impacts to showy milkweed should be avoided, if possible. However, if they are disturbed, seeding of showy milkweed should be implemented in the Natural Habitat Buffer Zone as mitigation. Additionally, a qualified biologist should survey any trees that are slated for removal during the nesting season (from February 1st to July 31st). These surveys ensure compliance with the Migratory Bird Treaty Act by verifying no active bird nests are disturbed. Page 280 Item 17. Dry Creek 1311 North College Project Area Page 281 Item 17. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1063 Date: 9/13/22 Site ID: South Pasture Description: Representative of the vegetation community within the mowed pastures. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1072 Date: 9/13/22 Site ID: Cottonwood Description: Cottonwood stand along Mason St. Page 282 Item 17. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1177 Date: 9/13/22 Site ID: Dry Creek Description: Representative of Dry Creek and associated upland vegetation communities. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1179 Date: 9/13/22 Site ID: Dry Creek Description: Representative of Dry Creek and associated upland vegetation communities. Dry Creek Dry Creek Page 283 Item 17. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1069 Date: 9/13/22 Site ID: North Pasture Description: Representative of the north pasture un-mowed vegetation community. Milkweed present. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1070 Date: 9/13/22 Site ID: North Pasture 01 Description: Representative of the north pasture non-mowed vegetation community. Wild licorice present. Page 284 Item 17. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: IMG_1176 Date: 9/13/22 Site ID: Dry Creek Description: Representative of misuse within Dry Creek. Project Name: 1311 North College Location: Fort Collins, Colorado Photo ID Number: 1311 N College12-59- 00 Date: 8/17/22 Site ID: Dry Creek Description: Dry Creek along the eastern boundary Dry Creek Dry Creek Page 285 Item 17. 1st Submittal Date: May 24, 2023 Updated: October 11, 2023 Submitted To: North College 1311, LLC 262 E. Mountain Avenue Fort Collins, CO 80524 Submitted By: Fox Tuttle Transportation Group, LLC 1580 Logan Street, 6th Floor Denver, CO 80203 North College 1311 Overall Development Plan Traffic Impact Study Page 286 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page i Updated: October 11, 2023  TABLE OF CONTENTS  1.0 Introduction ............................................................................................................................ 1  2.0 Project Description .................................................................................................................. 2  3.0 Study Considerations ............................................................................................................... 2  3.1  Data Collection .................................................................................................................... 2  3.2  Evaluation Methodology ..................................................................................................... 3  3.3  Level of Service Definitions ................................................................................................. 3  4.0 Existing Conditions .................................................................................................................. 4  4.1  Roadways ............................................................................................................................ 4  4.2  Intersections ....................................................................................................................... 5  4.3  Pedestrian and Bicycle Facilities ......................................................................................... 5  4.4  Transit ................................................................................................................................. 6  4.5  Existing Intersection Capacity Analysis ............................................................................... 6  5.0 Future Traffic Conditions ......................................................................................................... 7  5.1  Annual Growth Factor and Future Volume Methodology .................................................. 7  5.2  Future Roadway Assumptions ............................................................................................ 7  5.3  Year 2025 Background Intersection Capacity Analysis ....................................................... 7  5.4  Year 2045 Background Intersection Capacity Analysis ....................................................... 8  6.0 Proposed North College 1311 ODP Project ............................................................................... 8  6.1  Rescue Mission (West Lots) Trip Generation ...................................................................... 8  6.2  East Lot Trip Generation ................................................................................................... 10  6.3  Trip Distribution and Assignment ..................................................................................... 11  7.0 Future Traffic Conditions with Site Development ................................................................... 11  7.1  Year 2025 Background + Project Intersection Capacity Analysis ...................................... 11  7.2  Year 2045 Background + Project Intersection Capacity Analysis ...................................... 12  8.0 Future Multi‐Modal Trips and Facilities .................................................................................. 13  9.0 Pedestrian LOS ...................................................................................................................... 14  10.0 Conclusion ............................................................................................................................. 16  Page 287 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page ii Updated: October 11, 2023  LIST OF TABLES Table 1 – Peak Hour Intersection LOS Summary ........................................................................................ 19   Table 2 – Peak Hour 95th Percentile Queue Summary  .............................................................................. 20  Table 3 – Rescue Mission Trip Generation Summary ................................................................................. 10  Table 4 – East Lot Trip Generation Summary ............................................................................................. 10  Table 5 – Directness LOS ............................................................................................................................. 15  Table 6 – Pedestrian LOS Summary ............................................................................................................ 16 LIST OF FIGURES  Figure 1 – Vicinity Map and Existing Access ............................................................................................... 21  Figure 2 – Conceptual Site Plan .................................................................................................................. 22  Figure 3 – Year 2022 Existing Traffic Volumes ............................................................................................ 23  Figure 4 – Year 2025 Background Traffic Volumes ..................................................................................... 24  Figure 5 – Year 2045 Background Traffic Volumes ..................................................................................... 25  Figure 6A – Site Trip Distribution – Rescue Mission ................................................................................... 26  Figure 6B – Site Trip Distribution – East Lot................................................................................................ 27  Figure 7A – Site‐Generated Trip Volumes – Rescue Mission ...................................................................... 28  Figure 7B – Site‐Generated Trip Volumes – East Lot .................................................................................. 29  Figure 8 – Year 2025 Background + Site‐Generated Traffic Volumes ......................................................... 30  Figure 9 – Year 2045 Background + Site‐Generated Traffic Volumes ......................................................... 31  APPENDIX  Transportation Impact Study Base Assumptions Form  Level of Service Definitions  Existing Traffic Data  Intersection Capacity Worksheets  Page 288 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 1 Updated: October 11, 2023  NORTH COLLEGE 1311 ODP  TRAFFIC IMPACT STUDY  1.0 Introduction  The Fox Tuttle Transportation Group prepared this traffic impact study for the North College 1311 Overall  Development Plan (ODP), which includes three properties along Mason Street, between Hickory Street  and Hibdon Court. The two properties in the southwest corner of Mason Street and Hibdon Court is  proposed to include a new Fort Collins Rescue Mission campus which will include a day‐use area and an  overnight shelter area to serve and aid men that are currently experiencing homelessness. This portion of  the ODP was included in a previous traffic impact study and is the baseline for this current traffic study.  The third property is located in the southeast corner of Mason Street and Hibdon Court and is planned to  be developed in the future with a facility that complements the Rescue Mission and provides support for  the community.  Figure 1 includes a vicinity map for the proposed project.  The purpose of this study is to assist in identifying potential traffic impacts within the study area as a result  of this project. The traffic study addresses existing, short‐term (Year 2025), and long‐term (Year 2045)  peak hour intersection conditions in the study area with and without the project generated traffic.  The  information contained in this study is anticipated to be used by City of Fort Collins staff to identify any  intersection or roadway deficiencies and potential improvements for the short‐term future conditions.  This study focused on the weekday AM and PM peak hours which are typically the highest traffic volumes  for the adjacent roadway network.   The traffic impact study is consistent with the requirements of the City of Fort Collins’ standards set forth  in Chapter 4 of the Larimer County Urban Area Street Standards (revised 2019). A copy of the approved  Transportation Impact Study Base Assumptions Form is attached in the Appendix for reference.   Page 289 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 2 Updated: October 11, 2023  2.0 Project Description  For the west two lots, the Fort Collins Rescue Mission Project proposes to construct a new 43,000 square  foot building with up to 200 beds for people experiencing homelessness and the shelter will also include  restrooms, showers, living and dining areas, library, meeting rooms, kitchen, donation storage, laundry  rooms, business offices, and outdoor space. The facility also plans to include administrative offices for  staff and volunteers.  It is understood the shelter will be open 24 hours per day, seven (7) days a week to  provide services to those in need.  The east lot is approximately 1.29± acres and the exact land use that will be constructed on this site. There  is potential for a community garden, multi‐family dwelling units, day care center, recreational uses, food  catering services, music/arts studio, or other complimentary services for the Rescue Mission. For the  purpose  of  this  traffic  study,  it  was  assumed  that  a  10,000  square  foot  day  care  facility  would  be  constructed since it was estimated to create the highest level of traffic of the permitted uses.   Currently, the sites are vacant and the adjacent land uses include a couple single‐family residents, mobile  home park, lodging, small retail, and light industrial. The North College 1311 ODP location is in close  proximity to services across College Avenue including the Food Bank of Larimer County, Larimer County  Department of Human Services, and the Murphy Center for Hope.  Access to the Rescue Mission site is planned via two new full‐movement, side‐street stop‐controlled  access points on Mason Street. The north access will become the west leg to the existing intersection of  Mason Street at Hibdon Court. The south access on Mason Street is proposed to be approximately 650  feet south of Hibdon Court. For the east site, a site plan has not been developed therefore one full  movement access was assumed to be located on Hibdon Court.  Figure 2 includes a conceptual site plan  and access for the project.  3.0 Study Considerations  3.1  Data Collection   Intersection turning movement volumes were collected by Idax Data Solutions in early December 2022 at  four (4) existing intersections during the weekday AM and PM peak hours. Daily (24‐hour) traffic volumes  were gathered on Hibdon Court east of Mason Street and on Mason Street south of Hibdon Court. Historic  daily volumes and future forecasts along College Avenue (US 287) within the vicinity of the project site  were gathered from the CDOT’s Transportation Data Management System (TDMS).  The existing traffic volumes are illustrated on Figure 3. The existing intersection geometry and traffic  control are also shown on this figure. Count data sheets are provided in the Appendix.   Page 290 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 3 Updated: October 11, 2023  3.2  Evaluation Methodology  The traffic operations analysis addressed the unsignalized intersection operations using the procedures  and methodologies set forth by the Highway Capacity Manual (HCM) 1.  Existing Peak Hour Factor (PHF)  were applied to the intersections for all evaluation scenarios. Study intersections were assessed using  Synchro (v11) software.   3.3  Level of Service Definitions   A level of service analysis was conducted to determine the existing and future performance of the study  intersections and to determine the most appropriate traffic control device and need for auxiliary lanes.   To measure and describe the operational status of the study intersections, transportation engineers and  planners commonly use a grading system referred to as “Level of Service” (LOS) that is defined by the  HCM.  LOS characterizes the operational conditions of an intersection’s traffic flow, ranging from LOS A  (indicating very good, free flow operations) and LOS F (indicating congested and sometimes oversaturated  conditions).  These grades represent the perspective of drivers and are an indication of the comfort and  convenience associated with traveling through the intersections. The intersection LOS is represented as a  delay  in  seconds  per  vehicle  for  the  intersection as a whole and for each turning  movement.  A more detailed discussion of  the  LOS  methodology is  contained  in  the  Appendix for reference.    The  Fort  Collins  standards  within  the  Larimer County Urban Area Street Standards  (LUCASS) consider LOS A through D to be  good for the overall intersection operations  with LOS E or better as acceptable in peak  hours. For individual movements, LOS E and  F may be acceptable for left‐turns or minor  streets. Specific standards are provided in  Table 4‐3 in LUCASS and as shown to the  right.     1 Highway Capacity Manual, Highway Research Board Special Report 209, Transportation Research Board, National  Research Council, 6th Edition (2016).    Page 291 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 4 Updated: October 11, 2023  4.0 Existing Conditions  4.1  Roadways  The study area boundaries are based on the amount of traffic to be generated by the project and potential  impact to the existing roadway network.  The study area was defined in coordination with the City of Fort  Collins staff and is outlined in the Transportation Impact Study Base Assumptions Form (located in the  Appendix). The primary public roadways that serve the project site are discussed in the following text and  illustrated on Figure 3.  North College Avenue (US 287) is a four‐lane arterial that provides north‐south connectivity  through  the  entirety  of  Fort  Collins  and  connects  to  several  communities  within  Northern  Colorado and Southern Wyoming.  This section of North College Avenue is part of an interstate  commerce  truck  route  and  is  subject  to  access  management  documents  developed  by  the  Colorado  Department  of  Transportation,  Larimer  County,  and  the City  of  Fort  Collins.    The  roadway provides two (2) through lanes in each direction, on‐street bike lanes, a landscaped  parkway, and 8‐foot sidewalks.  Access control is provided via a raised, landscaped median.  The  posted speed limit is 40 mph within the vicinity of the project  site. North College Avenue currently  serves approximately 25,100 vpd north of Hibdon Court (Year 2021, CDOT). North College Avenue  will provide the primary north/south access for the proposed Fort Collins Rescue Mission.   Hickory Street is a collector street that travels west of North College and provides access to the  Hickory Village neighborhood, light industrial businesses, and recreational areas.  At North College  Avenue, Hickory Street is the western leg of an offset intersection with Conifer Street.  In its  current configuration, Hickory Street  provides a single  through  lane  per  direction,  on‐street  parking, and attached sidewalks.   Near the Mason Street intersection,  this roadway  has an  approximately 56‐foot‐wide paved section.  The posted speed limit is 25 mph.  Although Hickory  Street currently terminates at South Gold Park, the City’s Master Street Plan shows Hickory Street  extending west to Shield Street.    Mason Street is a local roadway with a paved 22‐foot section, within the stu dy area, that provides  rear‐lot access to several properties fronting North College Avenue.  This portion of Mason Street  is approximately 0.3‐mile in length starting north of Hickory Street and does not connect to  Midtown.  The roadway is located within a permanent public access easement and provides a  single travel lane per direction.  Currently, there is no curb and gutter nor sidewalk.  There is no  posted speed limit, but assumed to be 25 miles per hour, a typical speed for local streets.  Mason  Street currently serves approximately 140 vpd south of Hibdon Court (Year 2022, Count).  Per the City of Fort Collins’ Master Street Plan and comments provided by City staff in the  Preliminary Development Review Document, Mason Street is classified as a “Collector – With  Page 292 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 5 Updated: October 11, 2023  Parking”.   This street classification includes one (1) travel lane per direction, on‐street bicycle  lanes, on‐street parking, a landscaped parkway, and 5‐foot sidewalks.      Hibdon Court is a local street that connects Mason Street and North College Avenue.  Starting at  North College Avenue and extending west approximately 300’, Hibdon Court is a 36‐foot‐wide  roadway  with  curb  and  gutter  and accommodates  a  single  travel  lane  in  each  direction.   Pedestrian connectivity is provided via a 5‐foot attached sidewalk on the south side of the road.  Continuing west to Mason Street, Hibdon Court transitions to a 22‐foot‐wide roadway with no  curb and gutter nor sidewalks.  There are no designated on‐street bicycle lanes.  There is no  posted speed limit, however, it is assumed to be 25 miles per hour, a typical speed for local streets.  Hibdon Court currently serves approximately 260 vpd east of Mason Street (Year 2022, Count).  4.2  Intersections  The study area includes four intersections that are listed below with the current traffic control and were  analyzed for existing and future background year traffic operations:  1.Mason Street at Hibdon Court (side‐street stop‐controlled) 2.North College Avenue at Hibdon Court (side‐street stop‐controlled) 3.Mason Street at Hickory Street (side‐street stop‐controlled) 4.North College Avenue at Hickory Street (signalized) The existing lane configuration at each of the study locations is illustrated on Figure 3.  4.3  Pedestrian and Bicycle Facilities  The City of Fort Collins adheres to the Larimer County Urban Area Street Standards (LUCASS) and the  roadway cross sections defined therein.  All of the study roadways are identified as “complete streets”  and are anticipated to provide amenities promoting and encouraging multimodal activity while balancing  with the vehicular needs.    North College Avenue provides on‐street bicycle lanes and 8‐foot sidewalk on both sides of the roadway.   These improvements extend along North College Avenue, connecting Old Town Fort Collins to the city  limits at Highway 1.  These facilities serve as the multimodal backbone for North Fort Collins and provide  access to various commercial, residential, recreational, and community services.  Hickory Street also  provides defined multimodal connectivity though on‐street bicycle lanes and variable width, attached  sidewalks.  There is currently a 5‐foot sidewalk on Hibdon Court on the south side for approximately 300 feet west of  North College Avenue.  The remaining segment of Hibdon Court does not have sidewalks.  As is typical on  local streets, on‐street bike lanes are not striped; however, bicyclists are permitted to ride with traffic.    Page 293 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 6 Updated: October 11, 2023  In its current configuration, Mason Street does not have dedicated multimodal improvements.    4.4  Transit  The  City  of  Fort  Collins  has  a  dedicated  transit  service,  Transfort,  that  serves  the  community.    Transfort’s primary hub is the Downtown Transit  Center (DTC), located on the east side of Mason  Street between Maple Street and Laporte Avenue.   For a fee, community members can access various  destinations throughout Fort Collins from the DTC.   Two  routes,  #8  and  #81,  serve  Northern  Fort  Collins and the project area  Routes #8 and #81 utilize the same loop, but travel  in opposite directions. Both routes utilize the same  transit stops, including stops located  on the far  sides  of  the  Hibdon  Court  intersection  which  is  anticipated to be useful for future patrons of the  Fort Collins Rescue Mission.  4.5  Existing Intersection Capacity Analysis  The existing volumes, lane configuration, and traffic control are illustrated on Figure 3. The results of the  LOS calculations for the study intersections are summarized in Table 1. The 95th percentile queues are  summarized in Table 2. The intersection level of service worksheets and queue reports are attached in  the Appendix.  All study intersections are currently operating at LOS A in the AM and PM peak hours,  with all movements and approaches operating at LOS D or better. The 95th percentile queues were  calculated to be maintained within the existing storage lengths at all of the study intersections.  Page 294 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 7 Updated: October 11, 2023  5.0 Future Traffic Conditions  5.1  Annual Growth Factor and Future Volume Methodology  In order to forecast the future peak hour traffic volumes, background traffic growth assumptions were  based on the Colorado Department of Transportation’s (CDOT) 20‐year factors and discussed with City of  Fort Collins staff. Based on the CDOT forecasts on North College Avenue, it was assumed there will be an  annual growth rate of 1.0% on this arterial. Based on discussions with the City of Fort Collins, there are no  known developments occurring within the study area to be included in the growth along Mason Street or  Hibdon Court. Therefore, 1.0% annual growth was assumed along the local roadways for consistency with  the growth on North College Avenue.   Using these assumptions, the Year 2025 background traffic was estimated and summarized on Figure 4  and the Year 2045 background traffic is shown on Figure 5.     5.2  Future Roadway Assumptions  It was assumed that the study roadways will remain the same as existing in the future. Although Mason  Street is defined as a Collector roadway in the future per the City’s Master Street Plan, the future analyses  assumed the existing lane configuration and traffic control at the study intersections due to the low  volumes and unknown development potential beyond the current proposed for North College 1311 ODP.  The currently proposed changes to the City’s Land Use Code  may downgrade Mason Street to a local street  within the study area. The traffic analysis assumed that Mason Street would include one travel lane per  direction, which will be the case regardless of the roadway classification (local or collector).   5.3  Year 2025 Background Intersection Capacity Analysis  The  study  area  intersections  were  evaluated  to  determine  baseline  operations  for  the  Year  2025  background scenario and to identify any capacity constraints associated with background traffic. The  background volumes, lane configuration, and traffic control are illustrated on Figure 4.    The level of service criteria discussed previously was applied to the study area intersections to determine  the  impacts  with  the  short‐term  background  volumes.  The  results of the LOS calculations for the  intersections are summarized in Table 1. The intersection level of service worksheets and queue reports  are attached in the Appendix.    The study intersections were shown to operate similarly to the existing conditions with LOS A overall in  the AM and PM peak hours in Year 2025 Background, as well as all of the movements and approaches  estimated to continue to operate at LOS D or better.  The 95th percentile queues for 2025 Background  traffic also remain essentially unchanged as identified in Table 2 and continue to be maintained within  the existing storage lengths.   Page 295 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 8 Updated: October 11, 2023  5.4  Year 2045 Background Intersection Capacity Analysis  The  study  area  intersections  were  evaluated  to  determine  baseline  operations  for  the  Year  2045  background scenario and to identify any capacity constraints associated with background traffic. The  background volumes, lane configuration, and traffic control are illustrated on Figure 5.    The level of service criteria discussed previously was applied to the study area intersections to determine  the  impacts  with  the  short‐term  background  volumes.  The  results of the LOS calculations for the  intersections are summarized in Table 1. The intersection level of service worksheets and queue reports  are attached in the Appendix.    The study intersections were estimated to continue to operate overall at LOS A in both peak hours with  the majority of movements operating at LOS D or better. The 95th percentile queues for 2045 Background  were calculated to remain within the existing storage lengths as shown in Table 2.   At the intersection of North College Avenue and Hibdon Court, it was estimated that the eastbound  approach will begin to operate at LOS E in the AM peak hour. The 95th percentile queue was calculated to  be 15 feet (one vehicle or less). LUCASS permits this level of delay on side‐streets along arterial roadways.  Based  on  the  low  volume  on  the  side‐street  and  minimal  queuing,  no  mitigation  measure  is  recommended. This is a typical situation along major arterials during peak periods.   6.0 Proposed North College 1311 ODP Project  6.1  Rescue Mission (West Lots) Trip Generation  With no comparable trip generation category within Institute of Transportation Engineers’ (ITE) Trip  Generation Manual, local data from a comparable shelter was gathered and utilized to estimate the  number of vehicular trips associated with the proposed Fort Collins Rescue Mission. Denver Rescue  Mission provided detailed information on the staffing, operational needs, and anticipated number of  people served on a daily basis for the new shelter. The new shelter will be open 24 hours per day, seven  (7) days a week, year‐round. The summary of future operations is listed below: Employees – 34 people daily o Three (3) staffing shifts: Daytime Shift (8:30 am to 4:30 pm): 16 employees Swing Shift (2:00 pm to 10:30 pm): 11 employees Overnight shift (10:00 pm to 8:30 am): 7 employees o Majority of staff drives to the facility. Page 296 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 9 Updated: October 11, 2023  o Once on site, staff cannot leave the site. o Based on the peak commuting hours, the Daytime Shift and the Overnight Shift will contribute to the AM and PM peak hour trips. Interns/Volunteers – 27 people daily o Similar work shifts to employees. Daytime Shift (8:30 am to 4:30 pm): 2 interns, 12 volunteers Swing Shift (2:00 pm to 10:30 pm): 0 interns, 13 volunteers Overnight shift (10:00 pm to 8:30 am): 0 interns, 0 volunteers o Majority arriving to the site via driving a vehicle. o Once on site, interns and volunteers cannot leave the site. Visitors – 10 people daily o This is community members who visit the site but are not users of the facility. o Typically arrive during the Daytime shift and not within the AM or PM peak hours. o Majority of visitors arrive by vehicle. Deliveries – 2 per day o These deliveries support the facility’s operational needs with supplies and donations. o Typically arrive during the Daytime shift but not within the AM or PM peak hours. o All deliveries arrive by vehicle. Partner Organization Visitors – up to 5 vehicles per day o These are people visiting the site to provide services for patrons. o Typically arrive during the Daytime shift but not within the AM or PM peak hours. o All Partner Organization Visitors arrive by vehicle. Patrons (Users of the Facility) – typically 100 per day and 40 per night o These are the people who are served by the shelter as they are currently experiencing homelessness. o Typically arrive by walking, biking, or transit.  It is rare for a patron to arrive by vehicle. o Patrons arrive and depart at any time during the day or night, typically before and after a meal. Some stay for a short period of time while others remain for days. Page 297 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 10 Updated: October 11, 2023  The trip generation estimates are summarized in Table 3. It is estimated that the shelter facility will  generate 156 new trips per day, with 35 trips occurring in the AM peak hour and 26 trips occurring in  the PM peak hour.    Table 3. Rescue Mission Trip Generation Summary  6.2  East Lot Trip Generation  A trip generation estimate was performed to determine the traffic characteristics of the assumed day care  center on the East Lot of the North College 1311 ODP. The trip rates contained in the Institute of  Transportation Engineers (ITE) Trip Generation Manual2 were applied to estimate the traffic associated  with the potential day care center.  Table 4 provides the detailed trip generation for the East Lot.   Table 4. East Lot Trip Generation Summary  2 Trip Generation Manual, 11th Edition, Institute of Transportation Engineers, 2021. Users of Facility Quantity Unit Total In Out Total In Out Total In Out Employees 34People6834342316 7 16 0 16 Volunteers/Interns 27 People 54 27 27 12 8 4 10 10 0 Visitors* 10People201010000000 Deliveries* 2Veh.422000000 Partner Organization  Visitors*5Veh.1055000000 Patrons * 100People000000000 1567878352411261016 Source: Data from Denver Rescue Mission facilities of similar size and operations, as well as expected operations for new facilitie * Trips not included as they do not occur during the Peak Hours Average Daily  Trips AM Peak Hour Trips PM Peak Hour  Trips Land Use Size Unit Rate Total In Out Rate Total In Out Rate Total In Out ITE#565: Day  Care Center 10 KSF 47.62 476 238 238 11.00 110 58 52 11.12 111 52 59 Source :  ITE Trip Generation 11th Edition,  2021.  Average Daily Trips AM Peak Hour Trips PM Peak Hour Trips Page 298 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 11 Updated: October 11, 2023  The proposed project is expected to experience mostly new trips, also known as ‘primary trips’, as  discussed below:  Primary Trips. These trips are made specifically to visit the site and are considered “new” trips.  Primary trips would not have been made if the proposed project did not exist. Therefore, this is  the only trip type that increases the total number of trips made on a regional basis.  There is potential for families to walk, bike, or use transit to access the future day care center; however,  for conservative purposes, a non‐auto reduction was not taken. It was estimated that a day care center  in the East Lot will generate approximately 476 daily vehicle trips with 110 vehicle trips in the AM peak  hour and 111 vehicle trips in the PM peak hour.  6.3  Trip Distribution and Assignment  The estimated trip volumes presented in Table 3 and Table 4 were distributed onto the study area  roadway network based on existing traffic characteristics of the area, existing and future land uses, and  the relationship of this project to the greater Fort Collins community.  Two distribution scenarios were  assumed: one for the Rescue Mission and the other for the day care center assumed in the East Lot.   Based on information provided by Denver Rescue Mission, it was assumed that 25% of vehicular traffic  will come from North College Avenue and the remaining 75% will come from South College Avenue for  the shelter.   For the East Lot, it was assumed 35% will come from North College Avenue, 5% will come  from West Hickory Street, and the remaining 60% will come from South College Avenue.   The trip distribution through the study intersections for the shelter is shown on Figure 6A and the  distribution for the day care center is shown on Figure 6B.  The projected site traffic was assigned to the  study area roadway network and proposed accesses for the weekday AM and PM peak hour periods.  The  site generated volumes for the shelter are shown on Figure 7A and the site generated volumes for the  day care center are shown on Figure 7B.  7.0 Future Traffic Conditions with Site Development  This section projects the future traffic conditions with the completion of the proposed Fort Collins Rescue  Mission project and the development of the East Lot, assuming a day care center.     7.1  Year 2025 Background + Project Intersection Capacity Analysis  For the purpose of this traffic study for the North College 1311 ODP, it was assumed the Rescue Mission  and day care center would be constructed and in use by Year 2025.  The site‐generated volumes were  added to the projected Year 2025 background volumes and are illustrated on Figure 8. The results of the  LOS  calculations  for  the  intersections  are  summarized  on Table  1. The 95th  percentile  queues  are  Page 299 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 12 Updated: October 11, 2023  summarized in Table 2. The intersection level of service worksheets and queue reports are attached in  the Appendix.   The project trips have little to no impact on the operations of the study intersections when compared  to the background scenario. All intersections were calculated to continue to operate at a LOS A overall in  the AM and PM peak hours.  The 95th percentile queues were calculated to be maintained within the  existing storage lengths at all of the study intersections.  At the intersection of North College Avenue and Hibdon Court, it was estimated that the eastbound  approach will begin to operate at LOS E in the AM peak hour due to slightly increased volume. The 95th  percentile queue was calculated to be 25 feet (one vehicle or less). LUCASS permits this level of delay on  side‐streets along arterial roadways. Based on the low volume on the side‐street and minimal queuing,  no mitigation measure is recommended. This is a typical situation along major arterials during peak  periods.   7.2  Year 2045 Background + Project Intersection Capacity Analysis  The  site‐generated  volumes  were  added  to  the  projected  Year  2045  background  volumes  and  are  illustrated on Figure 9. The results of the LOS calculations for the intersections are summarized in Table  1.The 95th percentile queues are summarized in Table 2. The intersection level of service worksheets and queue reports are attached in the Appendix. The project trips have little to no impact on the operations of the study intersections when compared  to the background scenario. The majority of the study intersections were calculated to continue to  operate at a LOS A overall in the AM and PM peak hours.  The 95th percentile queues were calculated to  be maintained within the existing storage lengths at all of the study intersections.  At the intersection of North College Avenue and Hibdon Court, the overall performance was estimated  to change to LOS B in the PM peak hour with all movements operating at LOS D or better. During the AM  peak hour, it was estimated that the eastbound approach will begin to operate at LOS F due to slightly  increased volume on Hibdon Court and the increase in volume on North  College Avenue.  The 95 th  percentile queue was calculated to be 45 feet (two vehicles or less). LUCASS permits this level of delay on  side‐streets along arterial roadways. Based on the low volume on the side‐street and minimal queuing,  no mitigation measure is recommended. This is a typical situation along major arterials during peak  periods.   Page 300 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 13 Updated: October 11, 2023  8.0 Future Multi‐Modal Trips and Facilities   In discussions with the Denver Rescue Mission, it is anticipated that all users of the shelter will be arriving  and departing to/from the site by walking, biking, or using transit. It is likely they will utilize the existing  multi‐modal facilities through Fort Collins.  The proposed northern shelter will add 200 beds for men  currently experiencing homelessness and the numbers of patrons at one time can vary greatly by time of  day, day of week, weather, or season of the year.  It is challenging to calculate the number of multi‐modal  trips and the pattern at which they would occur. However, it is anticipated that the sidewalks, bike lanes,  trails, and bus routes connected to the study area will have an increase in people utilizing them.    The City of Fort Collins endorses “complete streets” for all roadway classifications, which are streets that  serve both vehicular and multi‐modal traffic.  With Hibdon Court being defined as a local street and Mason  Street being currently defined as a collector level street, both streets will be able to accommodate and  provide multimodal use. Hibdon Court will need the south sidewalk to be continued to Mason Street.  Mason Street will need a sidewalk on at least one side of the roadway to connect to existing sidewalks;  however, there are portions of Mason Street that are adjacent to other property owners that are not  currently developing. If the Hibdon Court sidewalk is completed, then at a minimum people who walk,  bike, or use transit can easily connect between North College Avenue and the proposed shelter.    It is our understanding that the City’s Municipal Code obligates the owner of a parcel to construct local  street improvements adjacent to the parcel’s frontage at the time of development.  With the new Fort  Collins Rescue Mission project, Mason Street will likely need to be upgraded along the property frontage.  The City’s Master Street Plan currently would require Mason Street to be constructed as a collector,  however, this traffic study indicates the projected volumes can be accommodated with a local street  cross‐section.   LCUASS does not provide functional parameters for Fort Collins but includes parameters for Loveland,  which were used for comparison purposes. The standards state that “Major Collectors” are intended to  serve between 3,000 and 7,000 vpd. Existing counts on Mason Street, south of Hibdon Court, indicated  there are approximately 140 vpd. With background growth and the proposed project, the daily vehicle  volume was calculated to increase to 525 vpd. The estimated future volumes on Mason Street are  significantly lower than the collector volume threshold; therefore, the city may consider changing the  roadway classification to “local” for this segment of Mason Street.  To reach the bottom of the collector  volume range, other properties on Mason Street would have to redevelop and generate traffic. For  informational purposes, this would be a minimum of 265 single‐family detached homes or 370 multi‐ family units (market‐rate) or 37,000 square feet of commercial retail.   Page 301 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 14 Updated: October 11, 2023  9.0 Pedestrian LOS  The pedestrian LOS is based on five (5) criteria: directness, continuity, street crossings, visual interest and  amenity, and security as outlined in the Fort Collins Pedestrian Plan3. The City’s plan describes the  categories as follows:  Directness is the measurement of walking trip length and how well the environment provides direct pedestrian connections to destinations such as transit stops, schools, parks, commercial areas, or activity areas. Continuity is the measurement of the completeness of the sidewalk system by looking at the physical consistency, type of sidewalk, and visual connection from block to block. This category also evaluates if the pedestrian facility meets the current design standards. Street Crossings is the evaluation of safe crossings that encourages people to walk. There are four (4) street crossing types that are based on traffic control and roadway classification (minor or major). Street crossing LOS is based on pedestrian exposure and design elements that increase awareness  of  pedestrian  presence,  including  number  of  lanes,  crosswalk  markings,  signal indication, lighting level, pedestrian signal indication, pedestrian character, sight distance, and corner ramps. Visual Interest and Amenity considers the attractiveness and features of the pedestrian system and compatibility with local architecture. Security is the evaluation of a pedestrian’s perspective of security with  visual  sight  lines, separation from vehicles, and lighting level. Each of the areas was evaluated for the study area and the LOS for each is discussed on the following  pages.  DIRECTNESS – LOS B  The directness LOS is based on six (6) destinations anticipated to be visited by patrons of the proposed  project. Only one (1) of the listed destinations is within the recommended 0.25‐mile radius, which is the  southbound bus stop on College Road. The remaining destinations are within 0.7‐miles in actual walking  distance. Table 5 contains the actual walking distance, minimum distance, comparison ratios, and LOS for  3 Fort Collins Pedestrian Plan, https://www.fcgov.com/fcmoves/files/ped-plan.pdf?1592323966, 2011. Page 302 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 15 Updated: October 11, 2023  each destination as measured from the intersection of Mason Street and Hibdon Court. The LOS letter  grade was determined from information provided in Table P.1 of the Fort Collins Pedestrian Plan.  Table 5. Directness Level‐of‐Service    Destination Actual Distance Minimum Distance Ratio LOS  Bus Stop ‐ Northbound College Road 1,797 ft. (0.45 mi) 1,236 ft. (0.23 mi) 1.45 C  Bus Stop ‐ Southbound College Road 1,203 ft. (0.23 mi) 1,203 ft. (0.23 mi) 1.00 A  Grocery ‐ King Soopers 3,247 ft. (0.61 mi) 3,376 ft. (0.64 mi) 0.96 A  Food Bank of Larimer County 3,700 ft. (0.70 mi) 2,407 ft. (0.46 mi) 1.54 C  Larimer County Department of Human  Services 3,371 ft. (0.64 mi) 2,208 ft. (0.42 mi) 1.53 C  Murphy Center for Hope 3,329 ft. (0.63 mi) 2,821 ft. (0.53 mi) 1.18 A  Average 2,775 ft. (0.53 mi) 2,209 ft. (0.42 mi) 1.26 B  CONTINUITY – LOS D  In the study area, there are quality sidewalks on some of the streets. Unfortunately, neither of the  adjacent streets, Mason Street and Hibdon Court, have sidewalks currently. Per the City standards, LOS D  reflects areas where sidewalks are not provided on both sides of the street or there are breaches in the  system. Therefore, the continuity of the study area is considered LOS D.  STREET CROSSINGS (SIGNALIZED) – LOS C  There are two (2) signalized intersections in the study area: North College Road at Hickory Court/Conifer  Street and North College Road at Willox Lane. Both intersections include curb ramps, colored crosswalks,  pedestrian push buttons and signals, pedestrian and roadway level lighting, and good sight distance.    At both intersections, crossing North College Road requires pedestrians to walk across six (6) lanes  including a wide median and bike lanes. Therefore, both signalized intersections are categorized were  determined to be LOS C for street crossings due to the number of lanes.   VISUAL INTEREST AND AMENITY – LOS D  Although some of the neighboring streets could be classified as a LOS B others are classified as LOS D. The  lowest level of service was selected for this category.    North College Road within the study area is classified as LOS B due to generous sidewalks, landscaping,  street furniture, and lighting.  Hickory Street is classified as LOS C since the sidewalks are functional but  Page 303 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 16 Updated: October 11, 2023  there is little to no visual interest or amenities. Mason Street and Hibdon Court are classified as LOS D  since there are limited or no pedestrian facilities. These adjacent roadways have no visual interest for  amenities for pedestrians and there is a lack of comfort.   SECURITY ‐ LOS E  The streets adjacent to the project side, Mason Street and Hibdon Court, have a low level of pedestrian  security. The majority of these streets do not have sidewalks which does not create separation between  pedestrians and vehicles. There is minimal lighting and large recreational vehicles were observed to be  parked along the limited portions of sidewalk along Hibdon Court. Additionally, Mason Street contains  breaches in pedestrian visibility due to horizontal curvature and fencing. SUMMARY  In summary, the existing pedestrian facilities meet some of the minimum LOS by category while others  are not met, as shown on Table 6.   Table 6. Pedestrian Level‐of‐Service Summary   Directness Continuity Street Crossing Visual Interest  and Amenity Security  Minimum LOS  Threshold C C C C C  Existing Facilities B D C D E  Met? Yes No Yes No No  The North College 1311 ODP project plans to construct multimodal facilities adjacent to the project site,  which is anticipated to improve the pedestrian LOS. As Hibdon Court’s continuity, visual interest, and  security improve with the site completion, it will provide a direct pedestrian route to North College Road.  It should be noted that Mason Street will not meet the minimum LOS thresholds until properties south of  the project properties are redeveloped to include upgraded multimodal facilities.  10.0 Conclusion  The North College 1311 ODP includes three properties along Mason Street between Hickory Street and  Hibdon Court. The two properties in the southwest corner of Mason Street and Hibdon Court is proposed  to include a new Fort Collins Rescue Mission to provide people experiencing homelessness with basic  needs and resources to enter permanent housing and self‐sufficiency. It is understood that there will be  200 beds and the shelter will also include restrooms, showers, living and dining areas, library, meeting  Page 304 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 17 Updated: October 11, 2023  rooms, kitchen, donation storage, laundry rooms, business offices, and outdoor space. The facility also  plans to include administrative offices for staff and volunteers. Access to the Rescue Mission is planned  via two full movement, side‐street stop‐controlled intersections on Mason Street.  The third property is located in the southeast corner of Mason Street and Hibdon Court and is planned to  be developed in the future with a facility that complements the Rescue Mission and provides supportive  services for the community.  For conservative purposes for this traffic study, it was assumed that a day  care center would be constructed on the East Lot.   Vehicular traffic volumes associated with the Rescue Mission have been developed through in‐depth  conversations with Denver Rescue Mission staff to account for anticipated staff, interns, volunteers,  visitors, and operational services at full build out.  Traffic associated with the potential day care center  was estimated by utilizing national trip rates. Volumes were analyzed for the existing, short‐term (Year  2025, anticipated construction year), and long‐term (Year 2045) scenarios.  The three properties are  anticipated to generate approximately 632 trips daily, 145 AM peak hour, and 137 PM peak hour trips at  buildout during the weekday.      In summary, the existing roadways and intersections within the study area can accommodate the trips  associated with the North College 1311 ODP. There are no mitigation measures needed to support the  vehicular traffic. It is recommended that multi‐modal connectivity be provided along the project frontage  to support the patrons that are likely to arrive/depart via walking, biking, or using transit.   Although the City’s Master Street Plan identifies Mason Street as a collector roadway, the volumes  associated with the site are well below the capacity threshold for a local street.  Unless significant  development occurs (or is anticipated to occur), Mason Street could functionally operate as a local street.    Page 305 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)  Fox Tuttle Transportation Group, LLC Page 18 Updated: October 11, 2023  Tables and Figures: Table 1 – Peak Hour Intersection LOS Summary  Table 2 – Peak Hour 95th Percentile Queue Summary  Table 3 – Rescue Mission Trip Generation Summary [IN REPORT] Table 4 – East Lot Trip Generation Summary [IN REPORT]  Table 5 – Directness LOS [IN REPORT]  Table 6 – Pedestrian LOS Summary [IN REPORT] Figure 1 – Vicinity Map and Existing Access  Figure 2 – Conceptual Site Plan  Figure 3 – Year 2022 Existing Traffic Volumes  Figure 4 – Year 2025 Background Traffic Volumes  Figure 5 – Year 2045 Background Traffic Volumes  Figure 6A – Site Trip Distribution – Rescue Mission  Figure 6B – Site Trip Distribution – East Lot  Figure 7A – Site‐Generated Trip Volumes – Rescue Mission  Figure 7B – Site‐Generated Trip Volumes – East Lot  Figure 8 – Year 2025 Background + Site‐Generated Traffic Volumes   Figure 9 – Year 2045 Background + Site‐Generated Traffic Volumes   Page 306 Item 17. FT# 23043 North College 1331 ODP Traffic Impact Study 5/24/2023 Intersection and AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak Critical Movements/Approaches Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS STOP SIGN CONTROL 1. Mason St & Hibdon Ct 4A5A4A5A7A6A4A5A7A6A Eastbound Left+Through+Right 9A9A 9A9A Westbound Left+Right 10 A9A10 A9A 9A9A Westbound Left+Through+Right 11 B 10 A11B10A Northbound Through+Right 0 A 0 A 0 A 0 A 0 A 0 A Northbound Left+Through+Right 7 A 7 A 7 A 7 A Southbound Left+Through 0 A 7 A 0 A 7 A 0 A 7 A Southbound Left+Through+Right 0 A 7 A 0 A 7 A 2. North College Ave & Hibdon Ct 0A0A0A0A1A1A1A0A2A1A Eastbound Left+Through+Right 25C14B26D15B37 E 17 C43 E 18 C 61 F 22 C Westbound Left+Through+Right 0 A11B 0 B11B 0 A11B 0 B12B 0 A12B Northbound Left 11 B 10 B11A10 B 12 B 11 B 13 A 11 B 13 B 11 B Northbound Through 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A Southbound Through+Right 0 A9A0 A9A0 A9A0 A10 A 0 A10 A 3. Mason St & Hickory St 0A1A0A1A2A2A0A1A1A2A Eastbound Left+Through 8A8A8A8A8A8A8A8A8A8A Westbound Through+Right 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A 0 A Southbound Left+Right 11 B 11 B 11 B 11 B 12 B 11 B 11 B 11 B 13 B 13 B 101. Hibdon Ct at Access Project Intersection Project Intersection 6A5A Project Intersection 6A5A Eastbound Through+Right 0 A 0 A 0 A 0 A Westbound Left+Through 7 A 7 A 7 A 7 A Northbound Left+Right 9A9A 9A9A 102. Mason St at Rescue Mission Access Project Intersection Project Intersection 1A0A Project Intersection 1A0A Eastbound Left+Right 9A9A 9A9A Northbound Left+Through 7 A 7 A 7 A 7 A Southbound Through+Right 0 A 0 A 0 A 0 A SIGNAL CONTROL 4. North College Ave & Hickory St 6 A 8 A 7 A 8 A 8 A 10 A 7 A 9 A 9 A 11 B Eastbound Left 33 C 45 D 33 C 45 D 32 C 43 D 32 C 44 D 31 C 42 D Eastbound Right 43 D 54 D 43 D 54 D 41 D 53 D 42 D 53 D 40 D52D Northbound Left 7 A 7 A8A7 A11B10 A12B10 B19B15B Northbound Through 3A4A3A4A4A5A4A5A4A6A Southbound Through 4A4A4A4A5A5A5A4A6A5A Southbound Right 3A3A3A3A3A3A3A3A3A4A Note:  Delay represented in average seconds per vehicle. Existing Year 2025 Background Year 2025 Background + Project Year 2045 Background Year 2045 Background + Project Table 1 ‐ Peak Hour Intersection Level of Service Summary 23043_LOS Page 307 Item 17. FT# 23043 North College 1331 ODP Traffic Impact Study 5/24/2023 AM PM AM PM AM PM AM PM AM PM 1. Mason St & Hibdon Ct Eastbound Left+Through+Right ‐0' 0' 0' 0' Westbound Left+Right ‐ 0' 3' 0' 3'0' 3' Westbound Left+Through+Right ‐25'8'25'8' Northbound Through+Right ‐ 0' 0' 0' 0'0' 0' Northbound Left+Through+Right ‐3' 0'3' 0' Southbound Left+Through ‐ 0' 0' 0' 0'0' 0' Southbound Left+Through+Right ‐0'0'0'0' 2. North College Ave & Hibdon Ct Eastbound Left+Through+Right ‐ 8' 5' 8' 10' 25'15'15' 5' 45'20' Westbound Left+Through+Right ‐ 0' 0' 0' 0' 0' 0' 0' 0' 0' 0' Northbound Left 100' 3' 3' 3' 3' 5' 5' 3' 5' 8' 5' Northbound Through ‐ 0' 0' 0' 0'0' 0'0' 0'0' 0' Southbound Through+Right ‐ 0' 0' 0' 0'0' 0'0' 0'0' 0' 3. Mason St & Hickory St Eastbound Left+Through ‐ 0' 0' 0' 0' 0' 0' 0' 0' 0' 0' Westbound Through+Right ‐ 0' 0'0' 0' 0' 0' 0' 0' 0' 0' Southbound Left+Right ‐ 0' 3' 0' 3'8'10' 0' 3'10'18' 4. North College Ave & Hickory St Eastbound Left 200' 29' 81' 30' 82' 41' 98' 33' 93' 45' 110' Eastbound Right ‐ 39' 35' 44' 35' 63' 38' 68' 48' 89' 79' Northbound Left 160' 53' 57' 56' 60' 94' 78' 90' 83'166'113' Northbound Through ‐ 91' 188' 94' 196' 98' 200' 112' 247' 116' 252' Southbound Through ‐ 153' 140' 158' 145' 162' 148' 195' 178' 198' 182' Southbound Right 90' 12' 12' 13' 12' 13' 12' 16' 15' 16' 15' 101. Hibdon Ct at Access Eastbound Through+Right ‐0' 0'0' 0' Westbound Left+Through ‐3' 3'3' 3' Northbound Left+Right ‐5'5'5'5' 102. Mason St at Rescue Mission Access Eastbound Left+Right ‐0' 0'0' 0' Northbound Left+Through ‐0' 0'0' 0' Southbound Through+Right ‐0'0'0'0' Table 2 - Peak Hour Estimated 95th Percentile Queues Project Intersection Project Intersection Stop‐Control Project Intersection Stop‐Control Ex. Storage Length (ft) Stop‐Control Stop‐Control Stop‐Control Signalized Signalized Project Intersection Stop‐Control Stop‐Control Stop‐Control Stop‐Control Year 2045  Background Year 2045 with  Project Stop‐Control Stop‐Control Stop‐Control Intersections and Lane Groups Year 2022 Existing Year 2025  Background Year 2025 with  Project Stop‐Control Stop‐Control Stop‐Control Stop‐Control Stop‐Control Project Intersection Project Intersection Stop‐Control Stop‐Control Signalized Signalized Signalized 23043_LOS Page 308 Item 17. PROJECT SITE N O R T H C O L L E G E A V E . FORT COLLINS MIDTOWNCOLORADO STATE UNIVERSITY Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE VICINITY MAP NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 1Page 309 Item 17. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE CONCEPTUAL SITE PLAN NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 2 New Full Movement Access; Side-street stop controlled New Full Movement Access; Side-street stop controlled New Full Movement Access; Side-street stop controlled Page 310 Item 17. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT HICKORY ST. N O R T H C O L L E G E A V E . M A S O N S T . HIBDON CT. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE YEAR 2022 EXISTING TRAFFIC VOLUMES NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 3Page 311 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . M A S O N S T . HIBDON CT. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE YEAR 2025 BACKGROUND TRAFFIC VOLUMES NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 4Page 312 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . M A S O N S T . HIBDON CT. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE YEAR 2045 BACKGROUND TRAFFIC VOLUMES NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 5Page 313 Item 17. 25% To/From North via North College Ave. 75% To/From South via North College Ave. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . M A S O N S T R E E T & SOUT H A C C E S S M A S O N S T . PROJECT SITE HIBDON CT. 1 0 1 . H I B D O N COU R T A T E A S T ACCESS Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE SITE TRIP DISTRIBUTION - RESCUE MISSION NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 6APage 314 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . M A S O N S T R E E T & SOUT H A C C E S S M A S O N S T . PROJECT SITE HIBDON CT. 1 0 1 . H I B D O N COU R T A T E A S T ACCESS35% To/From North via North College Ave. 60% To/From South via North College Ave. 5% To/From West via Hickory St. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE SITE TRIP DISTRIBUTION - EAST LOT NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 6BPage 315 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . 1 0 2 . M A S O N S T R E ET & SO U T H A C C E S S M A S O N S T . PROJECT SITE HIBDON CT. 1 0 1 . H I B D O N COU R T A T E A S T ACCESS Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE SITE-GENERATED TRIP VOLUMES - RESCUE MISSION NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 7APage 316 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . 1 0 2 . M A S O N S T R E ET & SO U T H A C C E S S M A S O N S T . PROJECT SITE HIBDON CT. 1 0 1 . H I B D O N COU R T A T E A S T ACCESS Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE SITE-GENERATED TRIP VOLUMES - EAST LOT NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 7BPage 317 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . 1 0 2 . M A S O N S T R E ET & SO U T H A C C E S S M A S O N S T . PROJECT SITE 1 0 1 . H I B D O N COU R T A T E A S T ACCESS HIBDON CT. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE YEAR 2025 BACKGROUND + SITE-GENERATED TRAFFIC VOLUMES NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 8Page 318 Item 17. HICKORY ST. 1 . MASO N S T R E E T & H I B D O N COURT 4 . NORTH C O L L E G E A V E & H I CKORY STREET 3 . MASON S T R E E T & H I C K O R Y STREET 2 . NORTH C O L L E G E A V E & H I B DON COURT N O R T H C O L L E G E A V E . 1 0 2 . M A S O N S T R E ET & SO U T H A C C E S S M A S O N S T . PROJECT SITE 1 0 1 . H I B D O N COU R T A T E A S T ACCESS HIBDON CT. Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE YEAR 2045 BACKGROUND + SITE-GENERATED TRAFFIC VOLUMES NORTH COLLEGE 1311 ODP TRAFFIC IMPACT STUDY - FORT COLLINS, CO 23043 NTS 5/24/2023 CAF 9Page 319 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Appendix:    Transportation Impact Study Base Assumptions Form  Level of Service Definitions  Existing Traffic Data  Intersection Capacity Worksheets             Page 320 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023            Transportation Impact Study   Base Assumptions Form    Page 321 Item 17. Chapter 4 – Attachments Larimer County Urban Area Street Standards – Repealed and Reenacted August 1, 2021 Page 4-35 Adopted by Larimer County, City of Loveland, City of Fort Collins Attachment A Transportation Impact Study Base Assumptions Project Information Project Name Project Location TIS Assumptions Type of Study Full: Intermediate: MTIS: Memo: Study Area Boundaries North: South: East: West: Study Years Short Range: Long Range: Future Traffic Growth Rate Study Intersections 1. All access drives 5. 2. 6. 3. 7. 4. 8. Time Period for Study AM: 7:00-9:00 PM: 4:00-6:00 Sat Noon: Trip Generation Rates Trip Adjustment Factors Passby: Captive Market: Overall Trip Distribution SEE ATTACHED SKETCH Mode Split Assumptions Design Vehicle Information Committed Roadway Improvements Other Traffic Studies Areas Requiring Special Study Date: Traffic Engineer: Local Entity Engineer: Fort Collins Rescue Mission Parcel west and south of the Mason Street & Hibdon Ct. Intersection X Hibdon Ct.Hickory St. North College Ave.Mason St. 2025 N/A Mason St. & Hibdon Ct. N. College Ave. & Hibdon Ct. Mason St. & Hickory St. N. College Ave. & Hickory St. Trip generation rates based on similar sized facility with similar services and shifts. Propose 33 trips AM Peak, 26 Trips PM Peak N/A N/A None. Multimodal activity associated with users of facility. To be determined during development review process. Current analysis using a 1% growth factor and projected trips associated with site does not warrant specific turn lanes along North College. No multi-modal adjustments since trip generation is based on people who drive to the location. Anticipating typical passenger vehicles for trips associated with staff and volunteers. 1% growth (per 11/30/22 discussion and CDOT OTIS data) Steven Gilchrist 01/04/2023 01/05/2023 Page 322 Item 17. Chapter 4 – Attachments Page 4-36 Larimer County Urban Area Street Standards – Repealed and Reenacted August 1, 2021 Adopted by Larimer County, City of Loveland, City of Fort Collins Attachment B Transportation Impact Study Pedestrian Analysis Worksheet DESTINATION Or i g i n ( p r o j e c t l a n d u s e ) Rec. Res. Inst. Ofc/Bus. Com. Ind. Other (Specify) Recreation 1) Residential Institution (school, church, civic) Office/Business Commercial Industrial Other (specify) INSTRUCTIONS: Identify the pedestrian destinations within 1320’ (1.5 miles for schools) of the project boundary in the spaces above. The pedestrian Level of Service for the facility/corridor linking these destinations to the project site will be based on the directness, continuity, types of street crossings, walkway surface condition, visual interest/amenity, and security of the selected route(s).  12 Dwelling units or more. Ft. Collins Rescue Mission See Attached Spreadsheet Page 323 Item 17. Transportation Impact Study Pedestrian Analysis Worksheet Recreation Residential Inst. Ofc/Bus. Com. Ind. Other Recreation Residential Institution Office/Business Commercial Industrial Other (Fort Collins Rescue Mission Hickory Trail, Soft Gold Park, Salyer Natural Area North College Mobile Home Park, Revive, Hickory Village, Stonecrest Mobile Home Park, single family home adjacent to site. Food Bank for Larimer County* Various auto oriented repair services Various Businesses off North College, JAX, banks, the Lyric, touches Country Club Corners Development** Rocky Mountain Recycling, Valley Steel and Wire, Several North College Hotels fall within the 1320' radius. *Other services, including Larimer County Services off Willox, the Murphy Center, Homeward Alliance, the Health District Family Dental Clinic, WIC, and Salud are near the site but outside the 1320' radius. ** North College Marketplace near the development but outside the 1320' radius. Page 324 Item 17. Page 325 Item 17. Proposed location for new Ft. Collins Rescue Mission campus Page 326 Item 17. FT #22099 Fort Collins Rescue Mission Traffic Impact Study 12/19/2022 Users of Facility Unit Rate Total In Out Rate Total In Out Rate Total In Out Employees (16 total) People 1.00 68 34 34 23 16 7 16 0 16 Volunteers/Interns (10 Total)People 1.00 44 22 22 10 10 0 10 0 10 Visitors* People1.00 201010 000 000 Deliveries* People1.00 422 000 000 Partner Organization Visitors*People1.00 1055 000 000 Patrons * People0.00 000 000 000 Total New Trips 146 73 73 33 26 7 26 0 26 Source: Data from Denver Rescue Mission facilities of similar siz and operations. * Trips not included as they do not occur during the Peak Hours Table 3 - Trip Generation Summary Non-Auto Factor Average Daily Trips AM Peak Hour Trips PM Peak Hour Trips 22099 Volumes - Trip Gen Page 327 Item 17. 25% To/From North via North College Ave. 75% To/From South via North College Ave. M A S ON ST R E E T & S O U T H E R N ACCESS N O R T H CO L L E G E A V E & H I C K ORY STREET M A S ON S T R E E T & H I C K O R Y S TREET HIBDON CT. N O R T H C O L L E G E A V E . HICKORY ST. N ORTH CO L L E G E A V E & H I B D ON COURT M A S O N S T . PROJECT SITE M A S ON S T R E E T & H I B D O N COURT Original ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX TUTTLE SITE TRIP DISTRIBUTION FORT COLLINS RESCUE MISSION TRAFFIC ANALYSIS STUDY - FORT COLLINS, CO 22099 NTS 12/19/22 JKL 6Page 328 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Level of Service   Definitions  Page 329 Item 17. LEVEL OF SERVICE DEFINITIONS In rating roadway and intersection operating conditions with existing or future traffic volumes, “Levels of Service” (LOS) A through F are used, with LOS A indicating very good operation and LOS F indicating poor operation. Levels of service at signalized and unsignalized intersections are closely associated with vehicle delays experienced in seconds per vehicle. More complete level of service definitions and delay data for signal and stop sign controlled intersections are contained in the following table for reference. Level of Service Rating Delay in seconds per vehicle (a) Definition Signalized Unsignalized A 0.0 to 10.0 0.0 to 10.0 Low vehicular traffic volumes; primarily free flow operations. Density is low and vehicles can freely maneuver within the traffic stream. Drivers are able to maintain their desired speeds with little or no delay. B 10.1 to 20.0 10.1 to 15.0 Stable vehicular traffic volume flow with potential for some restriction of operating speeds due to traffic conditions. Vehicle maneuvering is only slightly restricted. The stopped delays are not bothersome and drivers are not subject to appreciable tension. C 20.1 to 35.0 15.1 to 25.0 Stable traffic operations, however the ability for vehicles to maneuver is more restricted by the increase in traffic volumes. Relatively satisfactory operating speeds prevail, but adverse signal coordination or longer vehicle queues cause delays along the corridor. D 35.1 to 55.0 25.1 to 35.0 Approaching unstable vehicular traffic flow where small increases in volume could cause substantial delays. Most drivers are restricted in ability to maneuver and selection of travel speeds due to congestion. Driver comfort and convenience are low, but tolerable. E 55.1 to 80.0 35.1 to 50.0 Traffic operations characterized by significant approach delays and average travel speeds of one-half to one-third the free flow speed. Vehicular flow is unstable and there is potential for stoppages of brief duration. High signal density, extensive vehicle queuing, or corridor signal progression/timing are the typical causes of vehicle delays at signalized corridors. F > 80.0 > 50.0 Forced vehicular traffic flow and operations with high approach delays at critical intersections. Vehicle speeds are reduced substantially, and stoppages may occur for short or long periods of time because of downstream congestion. (a) Delay ranges based on Highway Capacity Manual (6th Edition, 2016) criteria. Page 330 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023       Existing   Traffic Data       Page 331 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 0 0 0 0 0 0 0 0 00002000 0 0 Peak Hr 0 2 0 0 2 0 2 2 3 0 5 0 0Count Total 0 3 0 0 3 0 0 0 00030308:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 EB WB NB SB Total East 7:45 AM 0 0 0 0 0 0 2 0 --0%HV%----- 0 0 7:15 AM 0 1 0 0 1 0 0 0 0 0 0 0 0 West North South 7:00 AM 0 0 0 2 0 1 1 0 0 0002000 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total 0%----50%100%-- Peak Hour All 0 0 0 0 0 0 1 1 0 0 0 0 0 2 0000000 0 4 0 HV 0 0 0 0 0 Count Total 0 0 0 0 0 3 0 0 0 0 5 0 0 2000000000000 0 0 0 0 4 8:45 AM 0 0 0 0 0 0 0 0 0 0 2 4 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0020000 0 0 0 0 3 8:15 AM 0 0 0 0 0 0 0 0 0 0 2 3 8:00 AM 0 0 0 0 0 0 0 1 1 0 0 0 0000000 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 1 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0010000 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 07:00 AM 0 0 0 0 0 0 0 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start n/a Hibdon Ct Mason St Mason St 15-min TotalUTLTTHRT SB -- TOTAL 50.0%0.50 TH RTUTLTTHRTUTLT WB 100.0%0.25 NB 0.0%0.25 Peak Hour: 7:30 AM 8:30 AM HV %:PHF EB -- Date: 12/07/2022 Peak Hour Count Period: 7:00 AM 9:00 AMN Mason St Hibdon Ct Hibdon Ct Ma s o n S t Ma s o n S t 4TEV: 0.5PHF: 0 0 0 1 0 0 2 2 10 11 22 0 0 0 00 0 2 0 0 0 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 332 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 2 0000000Peak Hour 0 0 0 2 0 3 0 0 0 5 0Count Total 0 0 0 2 0 0 0 0 3030003 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 08:15 AM 0 0 0 0 0 0 0 0 0 0 2 2 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 TH RT LT TH RT 7:00 AM 0 0 0 0 Westbound Northbound Southbound LT TH RT LT TH RT LT 2 0 Interval Start n/a Hibdon Ct Mason St Mason St 15-min Total Rolling One HourEastbound 0 0 0 0 0 0020000 0 0 0 3 0 Peak Hour 0 0 0 0 0 0 0 0 0 0Count Total 0 0 0 0 0 3 0 0 2000000000000 0 0 0 0 2 8:45 AM 0 0 0 0 0 0 0 0 0 0 2 2 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0020000 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 1 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0010000 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 TH RT 7:00 AM 0 0 0 0 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start n/a Hibdon Ct Mason St Mason St 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 333 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 0 0 0 0 0 0 0 0 00113000 0 0 Peak Hr 0 2 0 1 3 0 1 1 1 1 3 0 0Count Total 0 2 0 1 3 0 0 0 00000005:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 0 EB WB NB SB Total East 4:45 PM 0 0 0 0 0 1 1 0 ---HV%----- 0 0 4:15 PM 0 1 0 0 1 0 0 1 0 0 1 0 0 West North South 4:00 PM 0 1 0 0 0 0 7 0 3 40012060 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total 0%-0%25%-9%0%-33% Peak Hour All 0 0 0 10 0 0 1 7 0 0 0 1 0 3 0020000 0 32 0 HV 0 0 0 0 0 Count Total 0 0 0 0 0 16 0 4 7 0 45 0 3 13100000010100 0 1 0 3 19 5:45 PM 0 0 0 0 1 0 0 0 0 0 5 27 5:30 PM 0 0 0 0 0 1 0 0 0 0 1 2 0000200 0 0 0 2 29 5:15 PM 0 0 0 0 0 0 0 0 0 0 9 32 5:00 PM 0 0 0 0 0 2 0 0 2 0 1 0 0060000 2 2 0 11 0 4:45 PM 0 0 0 0 2 0 0 0 2 0 7 0 4:30 PM 0 0 0 0 0 3 0 0 0 0 0 1 0030300 0 1 0 5 0 4:15 PM 0 0 0 0 1 0 0 0 3 04:00 PM 0 0 0 0 0 0 0 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start n/a Hibdon Ct Mason St Mason St 15-min TotalUTLTTHRT SB 14.3%0.44 TOTAL 9.4%0.73 TH RTUTLTTHRTUTLT WB 11.1%0.75 NB 0.0%0.58 Peak Hour: 4:00 PM 5:00 PM HV %:PHF EB -- Date: 12/07/2022 Peak Hour Count Period: 4:00 PM 6:00 PMN Mason St Hibdon Ct Hibdon Ct Ma s o n S t Ma s o n S t 32TEV: 0.73PHF: 4 3 7 6 0 6 12 18 100 70 716 0 1 0 01 0 1 0 0 0 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 334 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 3 0001001Peak Hour 0 0 0 1 0 0 0 1 0 3 0Count Total 0 0 0 1 0 0 0 1 0000000 0 1 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 05:15 PM 0 0 0 0 0 0 0 0 0 0 2 3 5:00 PM 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 TH RT LT TH RT 4:00 PM 0 0 0 1 Westbound Northbound Southbound LT TH RT LT TH RT LT 3 0 Interval Start n/a Hibdon Ct Mason St Mason St 15-min Total Rolling One HourEastbound 0 0 0 0 1 0000200 0 1 0 3 0 Peak Hour 0 0 0 0 2 0 0 0 0 0Count Total 0 0 0 0 0 0 0 0 0000000000000 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 0 0 1 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 3 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 1 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0000100 0 1 0 2 0 4:15 PM 0 0 0 0 1 0 0 0 0 0 TH RT 4:00 PM 0 0 0 0 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start n/a Hibdon Ct Mason St Mason St 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 335 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 2 3 1 0 1 2 4 7 20 40000040 1 0 Peak Hour 3 0 48 66 117 0 0 0 1 2 3 5 14Count Total 5 0 102 119 226 0 4 1 00010128:45 AM 0 0 10 20 30 0 0 2 2 0 0 0 8:30 AM 2 0 14 14 30 0 0 0 0 0 0 0 2 0 0 0 8:15 AM 1 0 16 18 35 0 0 0 0 0 0 0 1 0 0 0 8:00 AM 0 0 8 21 29 0 0 0 0 0 0 0 1 0 0 0 7:30 AM 1 0 13 12 26 0 0 0 0 2 2 0 3 0 15 26 0 EB WB NB SB Total East 7:45 AM 1 0 11 15 27 0 0 0 0%9%9%HV%-25%0%29%- 0 0 7:15 AM 0 0 19 4 23 0 0 0 0 0 0 1 1 West North South 7:00 AM 0 0 11 0 11 514 0 0 0 866700003 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total ---7%33%8%--- Peak Hour All 0 4 1 1 4 16 963 0 1 0 0 63 3 117 00001470 9 1,415 0 HV 0 1 0 2 0 Count Total 0 8 2 10 0 1 0 0 1,567 19 2,592 0 346 1,3081390101964010102 0 188 2 316 1,384 8:45 AM 0 1 1 0 0 1 1 120 0 0 353 1,415 8:30 AM 0 2 0 2 0 0 0 139 0 0 0 205 3000002 0 160 1 293 1,352 8:15 AM 0 0 1 3 0 1 5 123 0 0 422 1,284 8:00 AM 0 1 0 2 0 0 0 140 0 0 0 271 2000024 0 230 3 347 0 7:45 AM 0 1 0 2 0 0 0 112 0 0 290 0 7:30 AM 0 2 0 0 0 0 0 104 0 0 0 182 1000001 0 135 3 225 0 7:15 AM 0 1 0 1 0 0 1 86 0 07:00 AM 0 0 0 0 0 0 0 UT LT TH RT UT LT Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hibdon Ct Driveway College Ave College Ave 15-min TotalUTLTTHRT Date: 12/07/2022 Peak Hour Count Period: 7:00 AM 9:00 AM SB 7.5%0.80 TOTAL 8.3%0.84 TH RT WB -- NB 9.1%0.90 Peak Hour: 7:30 AM 8:30 AM HV %:PHF EB 25.0%0.75 0 0 0 0 0 0 000 0 0 0 0 0 4 0 N College Ave Hibdon Ct Driveway Co l l e g e A v e Hibdon Ct Co l l e g e A v e 1,415TEV: 0.84PHF: 9 86 6 0 87 5 51 8 0 0 0 0 0 10 0 51 411 52 8 87 6 3 7 1 4 12 20 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 336 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 000 0 0 0 0000 0 0 0 00 0 THLT 00000000 0 00 0 0 0 0 0 0 0 0 0 THLT 0000000 3 02010 0 0 0 0 Peak Hour 0 0Count Total 0 110010000 0 0 8:45 AM 0 0 0 0 0 8:30 AM 0000000 0 2 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 2 8:00 AM 0000 0 0 7:45 AM 0 0 0 0 0 7:30 AM 20002007:15 AM 0 0 0 0 0 0 0 07:00 AM RT 117 0 Interval Start Hibdon Ct Driveway College Ave College Ave 15-min Total Rolling One Hour 47 0 0 0 63 3000001 RTTHLT RTTHLTRT 0 115 4 226 0 Peak Hour 0 1 0 2 0 0 2 100 0 0Count Total 0 1 0 4 0 0 0 30 12410000200000000 0 14 0 30 121 8:45 AM 0 0 0 0 0 0 1 13 0 0 35 117 8:30 AM 0 0 0 2 0 0 0 15 0 0 0 16 2000001 0 21 0 29 105 8:15 AM 0 0 0 1 0 0 0 8 0 0 27 102 8:00 AM 0 0 0 0 0 0 0 11 0 0 0 14 1000000 0 12 0 26 0 7:45 AM 0 0 0 1 0 0 0 13 0 0 23 0 7:30 AM 0 1 0 0 0 0 0 19 0 0 0 3 1000000 0 15 0 26 0 7:15 AM 0 0 0 0 0 0 0 11 0 0 TH RT 7:00 AM 0 0 0 0 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hibdon Ct Driveway College Ave College Ave 15-min Total Rolling One HourEastboundWestbound SouthboundNorthboundWestboundEastbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 337 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 9 2 4 2 3 2 3 8 33 110224470 1 4 Peak Hour 0 0 38 42 80 0 0 0 2 2 4 7 21Count Total 0 0 82 81 163 0 4 0 40000005:45 PM 0 0 2 5 7 0 0 1 2 0 0 0 5:30 PM 0 0 13 10 23 0 0 0 0 0 0 1 1 0 0 0 5:15 PM 0 0 7 11 18 0 0 0 0 1 1 0 3 2 0 0 5:00 PM 0 0 4 6 10 0 0 0 1 0 1 0 2 0 0 0 4:30 PM 0 0 13 11 24 0 0 0 1 0 1 2 0 0 13 35 0 EB WB NB SB Total East 4:45 PM 0 0 7 14 21 1 1 2 0%4%4%HV%-0%-0%- 1 0 4:15 PM 0 0 14 11 25 0 0 0 0 0 0 1 7 West North South 4:00 PM 0 0 22 0 25 1,054 0 2 1 8281000012 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total -0%0%5%0%4%--0% Peak Hour All 0 5 0 1 7 43 2,034 1 2 0 0 42 0 80 00001370 15 1,943 0 HV 0 0 0 0 0 Count Total 0 11 0 22 0 0 0 1 1,586 27 3,735 0 383 1,8042061001653000002 0 200 4 475 1,915 5:45 PM 0 2 0 4 0 1 5 261 0 0 470 1,934 5:30 PM 0 1 0 3 0 0 0 263 0 0 0 196 2000024 0 197 2 476 1,943 5:15 PM 0 1 0 2 0 0 8 267 0 0 494 1,931 5:00 PM 0 0 0 2 0 0 0 259 0 2 0 221 3000102 1 211 4 494 0 4:45 PM 0 2 0 4 0 0 7 266 0 0 479 0 4:30 PM 0 1 0 4 0 0 0 262 0 0 0 199 6000028 0 197 3 464 0 4:15 PM 0 2 0 0 0 2 7 250 0 04:00 PM 0 2 0 3 0 0 0 UT LT TH RT UT LT Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hibdon Ct Driveway College Ave College Ave 15-min TotalUTLTTHRT Date: 12/07/2022 Peak Hour Count Period: 4:00 PM 6:00 PM SB 5.0%0.94 TOTAL 4.1%0.98 TH RT WB 0.0%0.25 NB 3.5%0.98 Peak Hour: 4:15 PM 5:15 PM HV %:PHF EB 0.0%0.63 0 0 0 0 1 1 020 0 0 0 0 0 7 4 N College Ave Hibdon Ct Driveway Co l l e g e A v e Hibdon Ct Co l l e g e A v e 1,943TEV: 0.98PHF: 15 82 8 1 84 6 1, 0 6 2 2 1 0 0 1 10 0 1, 0 5 4 25 1, 0 8 1 84 0 2 10 0 5 15 40 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 338 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 1 0 0 0 0 1 0 0 0 0 0 0 0 0 000 0 0 0 000 0 0 0 0000 0 0 0 00 0 THLT 00000000 0 00 0 0 0 0 0 0 0 0 0 THLT 4011002 4 00020 0 0 0 0 Peak Hour 1 1Count Total 0 100000000 0 2 5:45 PM 0 0 0 0 3 5:30 PM 0000000 1 4 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 3 5:00 PM 1001 1 0 4:45 PM 0 0 0 0 0 4:30 PM 10000014:15 PM 0 0 0 0 0 0 0 04:00 PM RT 80 0 Interval Start Hibdon Ct Driveway College Ave College Ave 15-min Total Rolling One Hour 37 0 0 0 42 0000001 RTTHLT RTTHLTRT 0 81 0 163 0 Peak Hour 0 0 0 0 0 0 2 80 0 0Count Total 0 0 0 0 0 0 0 7 58200050000000 0 10 0 23 72 5:45 PM 0 0 0 0 0 0 0 13 0 0 18 73 5:30 PM 0 0 0 0 0 0 0 7 0 0 0 11 0000000 0 6 0 10 80 5:15 PM 0 0 0 0 0 0 0 4 0 0 21 105 5:00 PM 0 0 0 0 0 0 0 7 0 0 0 14 0000000 0 11 0 24 0 4:45 PM 0 0 0 0 0 0 0 13 0 0 25 0 4:30 PM 0 0 0 0 0 0 0 13 0 0 0 11 0000001 0 13 0 35 0 4:15 PM 0 0 0 0 0 0 1 21 0 0 TH RT 4:00 PM 0 0 0 0 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hibdon Ct Driveway College Ave College Ave 15-min Total Rolling One HourEastboundWestbound SouthboundNorthboundWestboundEastbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 339 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 1 0 1 1 1 1 0 1 6 30000003 6 0 Peak Hr 4 5 0 3 12 0 0 1 0 2 7 0 0Count Total 9 7 0 4 20 4 0 1 04000408:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 3 2 0 0 5 0 0 0 0 0 0 0 0 1 1 0 8:15 AM 1 2 0 2 5 0 0 0 0 0 0 0 0 0 1 0 8:00 AM 0 0 0 1 1 0 0 0 0 0 0 0 0 1 0 0 7:30 AM 1 0 0 0 1 0 0 0 0 0 1 0 0 0 0 3 0 EB WB NB SB Total East 7:45 AM 0 1 0 0 1 2 2 0 ---HV%-0%3%-- 1 0 7:15 AM 2 1 0 1 4 0 1 0 0 0 0 0 0 West North South 7:00 AM 2 1 0 0 0 0 0 0 5 000012710 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total --20%-100%4%-3%100% Peak Hour All 0 1 136 1 0 0 0 0 0 0 1 0 2 12 0410000 2 272 0 HV 0 0 4 0 0 Count Total 0 1 238 0 1 0 211 6 0 3 461 0 50 2520000001023000 1 0 0 78 272 8:45 AM 0 0 26 0 0 0 0 0 0 0 58 254 8:30 AM 0 0 53 0 0 0 24 0 0 0 0 0 20024000 2 0 0 66 240 8:15 AM 0 0 32 0 0 0 0 0 0 0 70 209 8:00 AM 0 0 24 0 0 0 40 0 0 0 2 0 00039100 0 0 0 60 0 7:45 AM 0 1 27 0 0 0 0 0 0 0 44 0 7:30 AM 0 0 33 0 0 0 27 0 0 0 1 0 10020000 0 0 0 35 0 7:15 AM 0 0 22 0 0 0 0 0 0 07:00 AM 0 0 21 0 0 0 14 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hickory St Hickory St N/A Mason St 15-min TotalUTLTTHRT SB 42.9%0.88 TOTAL 4.4%0.87 TH RTUTLTTHRTUTLT WB 3.9%0.80 NB -- Peak Hour: 7:45 AM 8:45 AM HV %:PHF EB 2.9%0.65 Date: 12/07/2022 Peak Hour Count Period: 7:00 AM 9:00 AM 0 0 0 0 0 0 3 0 0 0 N Mason St Hickory St Hickory St Ma s o n S t Hickory St 272TEV: 0.87PHF: 2 5 7 2 0 1 127 128 1410 136 1137 129 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 340 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 0 0000000Peak Hour 0 0 0 0 0 0 0 0 2 7 0Count Total 3 1 0 0 1 0 0 0 4000004 0 0 8:45 AM 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 08:15 AM 0 0 0 0 0 0 0 0 0 0 3 3 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 2 0 1 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 1 0 0 0 0 0 0 TH RT LT TH RT 7:00 AM 0 0 0 0 Westbound Northbound Southbound LT TH RT LT TH RT LT 12 0 Interval Start Hickory St Hickory St N/A Mason St 15-min Total Rolling One HourEastbound 0 0 0 1 0 2004100 1 0 3 20 0 Peak Hour 0 0 4 0 1 0 0 0 0 0Count Total 0 0 9 0 0 0 6 0 11000000000000 0 0 0 5 12 8:45 AM 0 0 0 0 0 0 0 0 0 0 5 8 8:30 AM 0 0 3 0 0 0 2 0 0 0 0 0 2002000 1 0 0 1 7 8:15 AM 0 0 1 0 0 0 0 0 0 0 1 9 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0000100 0 0 0 1 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 4 0 7:30 AM 0 0 1 0 0 0 0 0 0 0 0 0 1001000 0 0 0 3 0 7:15 AM 0 0 2 0 0 0 0 0 0 0 TH RT 7:00 AM 0 0 2 0 0 0 1 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hickory St Hickory St N/A Mason St 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 341 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 2 1 1 1 0 7 2 14 31025101 3 1 Peak Hr 3 3 0 0 6 3 0 1 0 2 9 10 0Count Total 5 3 0 2 10 6 0 0 00100125:45 PM 0 0 0 0 0 0 2 6 0 1 0 0 5:30 PM 0 0 0 0 0 2 0 0 0 1 1 0 0 0 1 0 5:15 PM 1 1 0 0 2 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 1 0 0 0 1 1 0 0 1 0 4:30 PM 1 1 0 0 2 2 0 0 0 0 1 1 0 1 2 4 0 EB WB NB SB Total East 4:45 PM 1 1 0 0 2 1 3 0 ---HV%-0%2%-0% 0 0 4:15 PM 0 0 0 0 0 1 0 0 0 0 0 0 0 West North South 4:00 PM 2 0 0 0 0 0 0 0 11 0010142100 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total --0%-0%2%-2%0% Peak Hour All 0 1 167 18 0 0 0 0 0 0 0 0 0 6 0300000 2 334 0 HV 0 0 3 0 0 Count Total 0 3 272 0 1 0 294 19 0 6 613 0 62 2810001010037100 2 0 0 55 310 5:45 PM 0 0 22 0 2 0 0 0 0 0 85 334 5:30 PM 0 0 19 0 0 0 32 0 0 0 1 0 01039000 3 0 0 79 321 5:15 PM 0 0 44 0 2 0 0 0 0 0 91 332 5:00 PM 0 0 45 0 0 0 29 0 0 0 2 0 20038600 5 0 0 79 0 4:45 PM 0 0 43 0 2 0 0 0 0 0 72 0 4:30 PM 0 1 35 0 0 0 36 0 0 0 4 0 20040200 1 0 1 90 0 4:15 PM 0 0 24 0 3 0 0 0 0 04:00 PM 0 2 40 0 0 0 43 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hickory St Hickory St N/A Mason St 15-min TotalUTLTTHRT SB 0.0%0.65 TOTAL 1.8%0.92 TH RTUTLTTHRTUTLT WB 2.0%0.87 NB -- Peak Hour: 4:30 PM 5:30 PM HV %:PHF EB 1.8%0.93 Date: 12/07/2022 Peak Hour Count Period: 4:00 PM 6:00 PM 2 1 2 0 0 0 1 1 0 1 N Mason St Hickory St Hickory St Ma s o n S t Hickory St 334TEV: 0.92PHF: 2 11 13 11 0 10 142 153 1791 167 1168 144 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 342 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 2 5 0000000Peak Hour 1 2 0 0 0 0 0 0 2 9 0Count Total 1 5 0 0 1 0 0 0 4000001 2 4 5:45 PM 0 0 0 0 1 0 0 0 0 0 0 0 0 1 1 5 5:30 PM 0 2 0 0 0 0 0 0 0 0 0 05:15 PM 0 0 0 0 0 0 0 0 0 0 5 5 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 0 4:45 PM 1 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 4:30 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 1 0 0 0 0 0 0 0 0 0 TH RT LT TH RT 4:00 PM 0 0 0 0 Westbound Northbound Southbound LT TH RT LT TH RT LT 6 0 Interval Start Hickory St Hickory St N/A Mason St 15-min Total Rolling One HourEastbound 0 0 0 0 0 0003000 1 0 1 10 0 Peak Hour 0 0 3 0 0 0 0 0 0 0Count Total 0 0 5 0 0 0 3 0 2000000000000 0 0 0 0 4 5:45 PM 0 0 0 0 0 0 0 0 0 0 2 6 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0001000 0 0 0 0 4 5:15 PM 0 0 1 0 0 0 0 0 0 0 2 8 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0001000 0 0 0 2 0 4:45 PM 0 0 1 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 1 0 0 0 1 0 0 0 0 0 0000000 1 0 1 4 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 TH RT 4:00 PM 0 0 2 0 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hickory St Hickory St N/A Mason St 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 343 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 2 0 0 1 5 4 4 16 60000222 2 0 Peak Hr 3 0 52 62 117 0 0 0 0 0 1 4 10Count Total 10 0 107 117 234 1 4 0 01000108:45 AM 0 0 8 21 29 0 0 2 2 0 0 0 8:30 AM 3 0 18 17 38 0 0 0 0 0 0 2 1 2 0 0 8:15 AM 1 0 18 17 36 0 0 0 0 0 0 0 1 0 0 0 8:00 AM 1 0 7 20 28 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 1 0 14 11 26 0 0 0 0 0 0 0 2 0 14 28 0 EB WB NB SB Total East 7:45 AM 0 0 13 14 27 0 0 0 0%2%10%HV%-0%-3%- 0 0 7:15 AM 2 0 17 3 22 0 0 0 0 0 0 0 0 West North South 7:00 AM 2 0 12 0 85 512 0 0 0 8099100001 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total ---8%0%7%--- Peak Hour All 0 25 0 0 2 141 940 0 0 0 0 62 0 117 00002500 50 1,573 0 HV 0 0 0 3 0 Count Total 0 53 0 186 0 0 0 0 1,468 88 2,878 0 370 1,467138000179130000012 0 183 8 384 1,563 8:45 AM 0 6 0 22 0 1 21 117 0 0 384 1,573 8:30 AM 0 15 0 39 0 0 0 136 0 0 0 197 70000015 0 143 17 329 1,505 8:15 AM 0 6 0 23 0 0 22 122 0 0 466 1,411 8:00 AM 0 6 0 19 0 0 0 138 0 0 0 254 130000132 0 215 13 394 0 7:45 AM 0 8 0 20 0 0 16 116 0 0 316 0 7:30 AM 0 5 0 29 0 0 0 98 0 0 0 172 100000015 0 125 7 235 0 7:15 AM 0 4 0 17 0 0 8 75 0 07:00 AM 0 3 0 17 0 0 0 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hickory St N/A College Ave College Ave 15-min TotalUTLTTHRT SB 7.2%0.80 TOTAL 7.4%0.84 TH RTUTLTTHRTUTLT WB -- NB 8.7%0.87 Peak Hour: 7:30 AM 8:30 AM HV %:PHF EB 2.6%0.85 Date: 12/07/2022 Peak Hour Count Period: 7:00 AM 9:00 AM 0 0 0 0 00 2 0 2 2 N College Ave Hickory St Co l l e g e A v e Co l l e g e A v e Hickory St 1,573TEV: 0.84PHF: 50 80 9 85 9 53 7 0 51 285 59 8 90 1 1 91 25116 135 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 344 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 0 0000000Peak Hour 0 0 0 0 0 0 0 0 0 1 0Count Total 1 0 0 0 0 0 0 0 1000001 0 0 8:45 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 08:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 TH RT LT TH RT 7:00 AM 0 0 0 0 Westbound Northbound Southbound LT TH RT LT TH RT LT 117 0 Interval Start Hickory St N/A College Ave College Ave 15-min Total Rolling One HourEastbound 50 0 0 0 62 0000002 0 116 1 234 0 Peak Hour 0 0 0 3 0 0 6 101 0 0Count Total 0 2 0 8 0 0 0 29 1318000210000000 0 17 0 38 129 8:45 AM 0 0 0 0 0 0 3 15 0 0 36 117 8:30 AM 0 1 0 2 0 0 0 16 0 0 0 17 0000002 0 20 0 28 103 8:15 AM 0 0 0 1 0 0 0 7 0 0 27 103 8:00 AM 0 0 0 1 0 0 0 13 0 0 0 14 0000000 0 11 0 26 0 7:45 AM 0 0 0 0 0 0 0 14 0 0 22 0 7:30 AM 0 0 0 1 0 0 0 16 0 0 0 3 0000001 0 13 1 28 0 7:15 AM 0 1 0 1 0 0 0 12 0 0 TH RT 7:00 AM 0 0 0 2 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hickory St N/A College Ave College Ave 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 345 Item 17. www.idaxdata.com to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 6 3 4 1 8 3 2 0 27 140011590 4 0 Peak Hr 5 0 58 49 112 0 0 0 0 1 1 8 15Count Total 6 0 87 80 173 0 0 0 00000005:45 PM 0 0 2 5 7 0 0 0 1 1 0 0 5:30 PM 0 0 13 11 24 0 0 0 0 0 0 2 1 0 3 0 5:15 PM 1 0 9 8 18 0 0 0 0 0 0 1 4 1 0 0 5:00 PM 0 0 5 7 12 0 0 0 0 0 0 0 1 0 0 0 4:30 PM 1 0 12 13 26 0 0 0 0 0 0 2 1 0 13 38 0 EB WB NB SB Total East 4:45 PM 1 0 9 13 23 1 1 3 0%3%5%HV%-2%-4%- 0 0 4:15 PM 0 0 15 10 25 0 0 0 0 0 0 0 6 West North South 4:00 PM 3 0 22 0 114 1,048 0 2 0 7919700003 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total -0%-6%0%5%--- Peak Hour All 0 66 0 0 9 224 2,008 0 3 0 0 49 0 112 00003550 54 2,175 0 HV 0 1 0 4 0 Count Total 0 113 0 198 0 0 0 0 1,524 103 4,182 0 441 2,00721700016190000130 0 193 15 503 2,125 5:45 PM 0 4 0 19 0 1 23 245 0 0 540 2,171 5:30 PM 0 14 0 12 0 0 0 246 0 0 0 198 140000230 0 181 11 523 2,158 5:15 PM 0 17 0 33 0 2 27 252 0 1 559 2,175 5:00 PM 0 12 0 37 0 0 0 247 0 0 0 220 100000229 0 201 15 549 0 4:45 PM 0 20 0 31 0 0 25 269 0 0 527 0 4:30 PM 0 14 0 25 0 0 0 266 0 0 0 188 130000027 0 182 16 540 0 4:15 PM 0 20 0 13 0 1 33 266 0 24:00 PM 0 12 0 28 0 0 0 Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start Hickory St N/A College Ave College Ave 15-min TotalUTLTTHRT SB 5.8%0.92 TOTAL 5.1%0.97 TH RTUTLTTHRTUTLT WB -- NB 5.0%0.97 Peak Hour: 4:00 PM 5:00 PM HV %:PHF EB 3.1%0.80 Date: 12/07/2022 Peak Hour Count Period: 4:00 PM 6:00 PM 0 0 0 1 00 0 0 9 5 N College Ave Hickory St Co l l e g e A v e Co l l e g e A v e Hickory St 2,175TEV: 0.97PHF: 54 79 1 84 7 1, 1 1 6 2 1, 0 4 8 11 4 1, 1 6 5 89 1 3 97 66163 168 0 Garrett Strang 720-646-1008 garrett.strang@idax.comPage 346 Item 17. www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles Two-Hour Count Summaries - Bikes Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 1 0000001Peak Hour 0 0 0 0 0 0 0 1 0 1 0Count Total 0 0 0 0 0 0 0 0 0000000 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 05:15 PM 0 0 0 0 0 0 0 0 0 0 1 1 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 TH RT LT TH RT 4:00 PM 0 0 0 0 Westbound Northbound Southbound LT TH RT LT TH RT LT 112 0 Interval Start Hickory St N/A College Ave College Ave 15-min Total Rolling One HourEastbound 55 0 0 0 49 0000003 0 79 1 173 0 Peak Hour 0 1 0 4 0 0 5 82 0 0Count Total 0 1 0 5 0 0 0 7 61200050000000 0 11 0 24 77 5:45 PM 0 0 0 0 0 0 1 12 0 0 18 79 5:30 PM 0 0 0 0 0 0 0 8 0 0 0 7 1000001 0 7 0 12 86 5:15 PM 0 0 0 1 0 0 0 5 0 0 23 112 5:00 PM 0 0 0 0 0 0 0 8 0 0 0 13 0000001 0 13 0 26 0 4:45 PM 0 0 0 1 0 0 1 11 0 0 25 0 4:30 PM 0 1 0 0 0 0 0 14 0 0 0 10 0000001 0 13 0 38 0 4:15 PM 0 0 0 0 0 0 0 22 0 0 TH RT 4:00 PM 0 0 0 3 0 0 0 UT LT TH RT UT LT Northbound Southbound UT LT TH RT UT LT TH RT Interval Start Hickory St N/A College Ave College Ave 15-min Total Rolling One HourEastboundWestbound Garrett Strang 720-646-1008 garrett.strang@idax.comPage 347 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Intersection Capacity Worksheets:  2022 Existing   Page 348 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Ct 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 4.4 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 2 01100 Future Vol, veh/h 2 01100 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 25 25 25 25 92 92 Heavy Vehicles, % 100 100 0022 Mvmt Flow 8 04400 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 7 60080 Stage 1 6 ----- Stage 2 1 ----- Critical Hdwy 7.4 7.2 - - 4.12 - Critical Hdwy Stg 1 6.4 ----- Critical Hdwy Stg 2 6.4 ----- Follow-up Hdwy 4.4 4.2 - - 2.218 - Pot Cap-1 Maneuver 810 850 - - 1612 - Stage 1 812 ----- Stage 2 817 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 810 850 - - 1612 - Mov Cap-2 Maneuver 810 ----- Stage 1 812 ----- Stage 2 817 ----- Approach WB NB SB HCM Control Delay, s 9.5 0 0 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 810 1612 - HCM Lane V/C Ratio - - 0.01 - - HCM Control Delay (s) - - 9.5 0 - HCM Lane LOS - - A A - HCM 95th %tile Q(veh) - - 0 0 - Page 349 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Ct 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 1700014514008669 Future Vol, veh/h 4 1700014514008669 Conflicting Peds, #/hr 0 00000400004 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 75 75 75 25 25 25 90 90 90 80 80 80 Heavy Vehicles, % 25 25 25 000999888 Mvmt Flow 5 1900016571001083 11 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1411 1696 551 1145 1701 286 1098 0 0 - - 0 Stage 1 1093 1093 - 603 603 ------- Stage 2 318 603 - 542 1098 ------- Critical Hdwy 8 7 7.4 7.5 6.5 6.9 4.28 ----- Critical Hdwy Stg 1 7 6 - 6.5 5.5 ------- Critical Hdwy Stg 2 7 6 - 6.5 5.5 ------- Follow-up Hdwy 3.75 4.25 3.55 3.5 4 3.3 2.29 ----- Pot Cap-1 Maneuver *125 93 423 258 114 *888 592 - - 0 - - Stage 1 *192 244 - 774 692 ----0-- Stage 2 *782 647 - 497 291 ----0-- Platoon blocked, % 1 1 1 1 1 - - - - Mov Cap-1 Maneuver *122 90 421 244 111 *888 590 ----- Mov Cap-2 Maneuver *122 90 - 244 111 ------- Stage 1 *186 243 - 753 673 ------- Stage 2 *761 629 - 483 290 ------- Approach EB WB NB SB HCM Control Delay, s 24.8 0 0.3 0 HCM LOS C A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBT SBR Capacity (veh/h)590 - - 198 - - - HCM Lane V/C Ratio 0.026 - - 0.081 - - - HCM Control Delay (s) 11.3 - - 24.8 0 - - HCM Lane LOS B - - C A - - HCM 95th %tile Q(veh) 0.1 - - 0.3 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 350 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.3 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 136 127 1 5 2 Future Vol, veh/h 1 136 127 1 5 2 Conflicting Peds, #/hr 3 00300 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 65 65 80 80 88 88 Heavy Vehicles, % 3 3 4 4 43 43 Mvmt Flow 2 209 159 1 6 2 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 163 0 - 0 376 163 Stage 1 - - - - 163 - Stage 2 - - - - 213 - Critical Hdwy 4.13 - - - 6.83 6.63 Critical Hdwy Stg 1 - - - - 5.83 - Critical Hdwy Stg 2 - - - - 5.83 - Follow-up Hdwy 2.227 - - - 3.887 3.687 Pot Cap-1 Maneuver 1410 - - - 552 785 Stage 1 - - - - 776 - Stage 2 - - - - 734 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1406 - - - 548 783 Mov Cap-2 Maneuver - - - - 548 - Stage 1 - - - - 772 - Stage 2 - - - - 732 - Approach EB WB SB HCM Control Delay, s 0.1 0 11.1 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1406 - - - 599 HCM Lane V/C Ratio 0.001 - - - 0.013 HCM Control Delay (s) 7.6 0 - - 11.1 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0 Page 351 Item 17. Timings 4: North College Ave & Hickory St 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)25 91 86 512 809 50 Future Volume (vph)25 91 86 512 809 50 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 6 2 Permitted Phases 4 6 2 Detector Phase 446622 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)30.0 30.0 50.0 50.0 50.0 50.0 Total Split (%)37.5% 37.5% 62.5% 62.5% 62.5% 62.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 80 Actuated Cycle Length: 80 Offset: 47 (59%), Referenced to phase 2:SBT and 6:NBTL, Start of Red Natural Cycle: 60 Control Type: Actuated-Coordinated Splits and Phases: 4: North College Ave & Hickory St Page 352 Item 17. Queues 4: North College Ave & Hickory St 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 29 107 99 589 1011 63 v/c Ratio 0.12 0.39 0.27 0.23 0.39 0.05 Control Delay 29.0 13.2 7.5 4.2 5.1 2.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 29.0 13.2 7.5 4.2 5.1 2.0 Queue Length 50th (ft) 14 8 11 34 68 1 Queue Length 95th (ft) 29 39 53 91 153 12 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 125 95 Base Capacity (vph) 558 543 369 2565 2613 1152 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.05 0.20 0.27 0.23 0.39 0.05 Intersection Summary Page 353 Item 17. HCM 6th Signalized Intersection Summary 4: North College Ave & Hickory St 05/24/2023 2022 Existing - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 25 91 86 512 809 50 Future Volume (veh/h) 25 91 86 512 809 50 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1767 1767 1796 1796 Adj Flow Rate, veh/h 29 107 99 589 1011 62 Peak Hour Factor 0.85 0.85 0.87 0.87 0.80 0.80 Percent Heavy Veh, %339977 Cap, veh/h 183 143 416 2547 2590 1154 Arrive On Green 0.10 0.09 0.76 0.76 0.76 0.76 Sat Flow, veh/h 1767 1572 497 3445 3503 1520 Grp Volume(v), veh/h 29 107 99 589 1011 62 Grp Sat Flow(s),veh/h/ln 1767 1572 497 1678 1706 1520 Q Serve(g_s), s 1.2 5.3 6.8 4.1 8.1 0.8 Cycle Q Clear(g_c), s 1.2 5.3 14.9 4.1 8.1 0.8 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 183 143 416 2547 2590 1154 V/C Ratio(X) 0.16 0.75 0.24 0.23 0.39 0.05 Avail Cap(c_a), veh/h 563 482 416 2547 2590 1154 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 32.7 35.5 5.9 2.8 3.3 2.4 Incr Delay (d2), s/veh 0.4 7.5 1.3 0.2 0.4 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.5 2.3 0.7 0.8 1.6 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 33.1 43.0 7.2 3.0 3.7 2.5 LnGrp LOS C D AAAA Approach Vol, veh/h 136 688 1073 Approach Delay, s/veh 40.9 3.6 3.7 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 67.2 12.8 67.2 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 42.5 24.5 42.5 Max Q Clear Time (g_c+I1), s 10.1 7.3 16.9 Green Ext Time (p_c), s 4.8 0.4 3.6 Intersection Summary HCM 6th Ctrl Delay 6.3 HCM 6th LOS A Page 354 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Ct 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 5 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 12 60734 Future Vol, veh/h 12 60734 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 75 75 58 58 44 44 Heavy Vehicles, % 11 11 0 0 14 14 Mvmt Flow 16 8 0 12 7 9 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 29 6 0 0 12 0 Stage 1 6 ----- Stage 2 23 ----- Critical Hdwy 6.51 6.31 - - 4.24 - Critical Hdwy Stg 1 5.51 ----- Critical Hdwy Stg 2 5.51 ----- Follow-up Hdwy 3.599 3.399 - - 2.326 - Pot Cap-1 Maneuver 963 1051 - - 1532 - Stage 1 994 ----- Stage 2 977 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 958 1051 - - 1532 - Mov Cap-2 Maneuver 958 ----- Stage 1 994 ----- Stage 2 972 ----- Approach WB NB SB HCM Control Delay, s 8.7 0 3.2 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 987 1532 - HCM Lane V/C Ratio - - 0.024 0.004 - HCM Control Delay (s) - - 8.7 7.4 0 HCM Lane LOS - - A A A HCM 95th %tile Q(veh) - - 0.1 0 - Page 355 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Ct 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 0 10 0 0 1 27 1054 0 3 828 15 Future Vol, veh/h 5 0 10 0 0 1 27 1054 0 3 828 15 Conflicting Peds, #/hr 0 00000704407 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 63 63 63 25 25 25 98 98 98 94 94 94 Heavy Vehicles, % 0 00000444555 Mvmt Flow 8 0 16 0 0 4 28 1076 0 3 881 16 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1496 2038 456 1583 2046 542 904 0 0 1080 0 0 Stage 1 902 902 - 1136 1136 ------- Stage 2 594 1136 - 447 910 ------- Critical Hdwy 7.5 6.5 6.9 7.5 6.5 6.9 4.18 - - 4.2 - - Critical Hdwy Stg 1 6.5 5.5 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.5 5.5 - 6.5 5.5 ------- Follow-up Hdwy 3.5 4 3.3 3.5 4 3.3 2.24 - - 2.25 - - Pot Cap-1 Maneuver *292 *87 557 *230 *86 *643 736 - - *944 - - Stage 1 *303 *359 - *606 *531 ------- Stage 2 *606 *531 - *566 *356 ------- Platoon blocked, % 1 1 1 1 1 - - 1 - - Mov Cap-1 Maneuver *279 *83 553 *215 *81 *641 731 - - *941 - - Mov Cap-2 Maneuver *279 *83 - *215 *81 ------- Stage 1 *289 *354 - *581 *509 ------- Stage 2 *580 *509 - *546 *351 ------- Approach EB WB NB SB HCM Control Delay, s 14.2 10.7 0.3 0 HCM LOS B B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)731 - - 417 641 * 941 - - HCM Lane V/C Ratio 0.038 - - 0.057 0.006 0.003 - - HCM Control Delay (s) 10.1 - - 14.2 10.7 8.8 - - HCM Lane LOS B - - B B A - - HCM 95th %tile Q(veh) 0.1 - - 0.2 0 0 - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 356 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.6 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 167 142 10 11 2 Future Vol, veh/h 1 167 142 10 11 2 Conflicting Peds, #/hr 1 00110 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 93 93 87 87 65 65 Heavy Vehicles, % 2 22200 Mvmt Flow 1 180 163 11 17 3 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 175 0 - 0 353 170 Stage 1 - - - - 170 - Stage 2 - - - - 183 - Critical Hdwy 4.12 - - - 6.4 6.2 Critical Hdwy Stg 1 - - - - 5.4 - Critical Hdwy Stg 2 - - - - 5.4 - Follow-up Hdwy 2.218 - - - 3.5 3.3 Pot Cap-1 Maneuver 1401 - - - 649 879 Stage 1 - - - - 865 - Stage 2 - - - - 853 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1400 - - - 647 878 Mov Cap-2 Maneuver - - - - 647 - Stage 1 - - - - 863 - Stage 2 - - - - 852 - Approach EB WB SB HCM Control Delay, s 0 0 10.5 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1400 - - - 674 HCM Lane V/C Ratio 0.001 - - - 0.03 HCM Control Delay (s) 7.6 0 - - 10.5 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.1 Page 357 Item 17. Timings 4: North College Ave & Hickory St 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)66 97 117 1048 791 54 Future Volume (vph)66 97 117 1048 791 54 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 2 6 Permitted Phases 4 2 6 Detector Phase 442266 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)31.0 31.0 74.0 74.0 74.0 74.0 Total Split (%)29.5% 29.5% 70.5% 70.5% 70.5% 70.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 105 Actuated Cycle Length: 105 Offset: 64 (61%), Referenced to phase 2:NBTL and 6:SBT, Start of Yellow Natural Cycle: 60 Control Type: Actuated-Coordinated Splits and Phases: 4: North College Ave & Hickory St Page 358 Item 17. Queues 4: North College Ave & Hickory St 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 83 121 121 1080 860 59 v/c Ratio 0.40 0.43 0.27 0.41 0.33 0.05 Control Delay 46.7 12.2 6.0 4.9 4.4 1.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 46.7 12.2 6.0 4.9 4.4 1.3 Queue Length 50th (ft) 53 0 17 94 68 0 Queue Length 95th (ft) 81 35 57 188 140 12 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 125 95 Base Capacity (vph) 442 472 449 2665 2640 1138 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.19 0.26 0.27 0.41 0.33 0.05 Intersection Summary Page 359 Item 17. HCM 6th Signalized Intersection Summary 4: North College Ave & Hickory St 05/24/2023 2022 Existing - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 66 97 117 1048 791 54 Future Volume (veh/h) 66 97 117 1048 791 54 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1826 1826 1811 1811 Adj Flow Rate, veh/h 82 121 121 1080 860 59 Peak Hour Factor 0.80 0.80 0.97 0.97 0.92 0.92 Percent Heavy Veh, %335566 Cap, veh/h 192 156 493 2729 2707 1200 Arrive On Green 0.11 0.10 0.79 0.79 0.79 0.79 Sat Flow, veh/h 1767 1572 593 3561 3532 1526 Grp Volume(v), veh/h 82 121 121 1080 860 59 Grp Sat Flow(s),veh/h/ln 1767 1572 593 1735 1721 1526 Q Serve(g_s), s 4.6 7.9 7.7 10.1 7.5 0.9 Cycle Q Clear(g_c), s 4.6 7.9 15.1 10.1 7.5 0.9 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 192 156 493 2729 2707 1200 V/C Ratio(X) 0.43 0.78 0.25 0.40 0.32 0.05 Avail Cap(c_a), veh/h 446 382 493 2729 2707 1200 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 43.7 46.2 5.3 3.5 3.2 2.5 Incr Delay (d2), s/veh 1.5 8.0 1.2 0.4 0.3 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.1 3.4 0.9 2.4 1.8 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 45.2 54.2 6.5 3.9 3.5 2.6 LnGrp LOS D D AAAA Approach Vol, veh/h 203 1201 919 Approach Delay, s/veh 50.6 4.2 3.4 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 89.1 15.9 89.1 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 66.5 25.5 66.5 Max Q Clear Time (g_c+I1), s 17.1 9.9 9.5 Green Ext Time (p_c), s 6.8 0.6 4.0 Intersection Summary HCM 6th Ctrl Delay 7.9 HCM 6th LOS A Page 360 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Intersection Capacity Worksheets:  Year 2025 Background  Page 361 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Ct 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 4.4 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 2 01100 Future Vol, veh/h 2 01100 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 25 25 25 25 92 92 Heavy Vehicles, % 100 100 0022 Mvmt Flow 8 04400 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 7 60080 Stage 1 6 ----- Stage 2 1 ----- Critical Hdwy 7.4 7.2 - - 4.12 - Critical Hdwy Stg 1 6.4 ----- Critical Hdwy Stg 2 6.4 ----- Follow-up Hdwy 4.4 4.2 - - 2.218 - Pot Cap-1 Maneuver 810 850 - - 1612 - Stage 1 812 ----- Stage 2 817 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 810 850 - - 1612 - Mov Cap-2 Maneuver 810 ----- Stage 1 812 ----- Stage 2 817 ----- Approach WB NB SB HCM Control Delay, s 9.5 0 0 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 810 1612 - HCM Lane V/C Ratio - - 0.01 - - HCM Control Delay (s) - - 9.5 0 - HCM Lane LOS - - A A - HCM 95th %tile Q(veh) - - 0 0 - Page 362 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Ct 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 1700014530008909 Future Vol, veh/h 4 1700014530008909 Conflicting Peds, #/hr 0 00000400004 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 75 75 75 25 25 25 90 90 90 80 80 80 Heavy Vehicles, % 25 25 25 000999888 Mvmt Flow 5 1900016589001113 11 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1450 1744 566 1178 1749 295 1128 0 0 - - 0 Stage 1 1123 1123 - 621 621 ------- Stage 2 327 621 - 557 1128 ------- Critical Hdwy 8 7 7.4 7.5 6.5 6.9 4.28 ----- Critical Hdwy Stg 1 7 6 - 6.5 5.5 ------- Critical Hdwy Stg 2 7 6 - 6.5 5.5 ------- Follow-up Hdwy 3.75 4.25 3.55 3.5 4 3.3 2.29 ----- Pot Cap-1 Maneuver *114 85 413 241 105 *888 576 - - 0 - - Stage 1 *183 235 - 751 677 ----0-- Stage 2 *782 631 - 487 282 ----0-- Platoon blocked, % 1 1 1 1 1 - - - - Mov Cap-1 Maneuver *111 82 411 228 102 *888 574 ----- Mov Cap-2 Maneuver *111 82 - 228 102 ------- Stage 1 *177 234 - 730 658 ------- Stage 2 *760 614 - 473 281 ------- Approach EB WB NB SB HCM Control Delay, s 26.4 0 0.3 0 HCM LOS D A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBT SBR Capacity (veh/h)574 - - 184 - - - HCM Lane V/C Ratio 0.027 - - 0.087 - - - HCM Control Delay (s) 11.4 - - 26.4 0 - - HCM Lane LOS B - - D A - - HCM 95th %tile Q(veh) 0.1 - - 0.3 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 363 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.3 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 140 131 1 5 2 Future Vol, veh/h 1 140 131 1 5 2 Conflicting Peds, #/hr 3 00300 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 65 65 80 80 88 88 Heavy Vehicles, % 3 3 4 4 43 43 Mvmt Flow 2 215 164 1 6 2 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 168 0 - 0 387 168 Stage 1 - - - - 168 - Stage 2 - - - - 219 - Critical Hdwy 4.13 - - - 6.83 6.63 Critical Hdwy Stg 1 - - - - 5.83 - Critical Hdwy Stg 2 - - - - 5.83 - Follow-up Hdwy 2.227 - - - 3.887 3.687 Pot Cap-1 Maneuver 1404 - - - 544 780 Stage 1 - - - - 771 - Stage 2 - - - - 729 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1400 - - - 540 778 Mov Cap-2 Maneuver - - - - 540 - Stage 1 - - - - 767 - Stage 2 - - - - 727 - Approach EB WB SB HCM Control Delay, s 0.1 0 11.2 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1400 - - - 592 HCM Lane V/C Ratio 0.001 - - - 0.013 HCM Control Delay (s) 7.6 0 - - 11.2 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0 Page 364 Item 17. Timings 4: North College Ave & Hickory St 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)26 94 89 528 834 52 Future Volume (vph)26 94 89 528 834 52 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 6 2 Permitted Phases 4 6 2 Detector Phase 446622 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)30.0 30.0 50.0 50.0 50.0 50.0 Total Split (%)37.5% 37.5% 62.5% 62.5% 62.5% 62.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 80 Actuated Cycle Length: 80 Offset: 47 (59%), Referenced to phase 2:SBT and 6:NBTL, Start of Red Natural Cycle: 60 Control Type: Actuated-Coordinated Splits and Phases: 4: North College Ave & Hickory St Page 365 Item 17. Queues 4: North College Ave & Hickory St 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 31 111 102 607 1043 65 v/c Ratio 0.13 0.41 0.29 0.24 0.40 0.06 Control Delay 29.0 15.3 8.0 4.3 5.2 2.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 29.0 15.3 8.0 4.3 5.2 2.1 Queue Length 50th (ft) 15 13 12 35 72 1 Queue Length 95th (ft) 30 44 56 94 158 13 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 125 95 Base Capacity (vph) 558 538 354 2560 2608 1150 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.06 0.21 0.29 0.24 0.40 0.06 Intersection Summary Page 366 Item 17. HCM 6th Signalized Intersection Summary 4: North College Ave & Hickory St 05/24/2023 2025 Background - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 26 94 89 528 834 52 Future Volume (veh/h) 26 94 89 528 834 52 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1767 1767 1796 1796 Adj Flow Rate, veh/h 31 111 102 607 1042 65 Peak Hour Factor 0.85 0.85 0.87 0.87 0.80 0.80 Percent Heavy Veh, %339977 Cap, veh/h 189 148 402 2537 2579 1149 Arrive On Green 0.11 0.09 0.76 0.76 0.76 0.76 Sat Flow, veh/h 1767 1572 481 3445 3503 1520 Grp Volume(v), veh/h 31 111 102 607 1042 65 Grp Sat Flow(s),veh/h/ln 1767 1572 481 1678 1706 1520 Q Serve(g_s), s 1.3 5.5 7.6 4.3 8.6 0.9 Cycle Q Clear(g_c), s 1.3 5.5 16.2 4.3 8.6 0.9 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 189 148 402 2537 2579 1149 V/C Ratio(X) 0.16 0.75 0.25 0.24 0.40 0.06 Avail Cap(c_a), veh/h 563 482 402 2537 2579 1149 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 32.5 35.3 6.3 2.9 3.4 2.5 Incr Delay (d2), s/veh 0.4 7.4 1.5 0.2 0.5 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.6 2.4 0.8 0.8 1.7 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 32.9 42.7 7.8 3.1 3.9 2.6 LnGrp LOS C D AAAA Approach Vol, veh/h 142 709 1107 Approach Delay, s/veh 40.5 3.8 3.8 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 67.0 13.0 67.0 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 42.5 24.5 42.5 Max Q Clear Time (g_c+I1), s 10.6 7.5 18.2 Green Ext Time (p_c), s 5.0 0.4 3.8 Intersection Summary HCM 6th Ctrl Delay 6.5 HCM 6th LOS A Page 367 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Ct 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 5 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 12 60734 Future Vol, veh/h 12 60734 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 75 75 58 58 44 44 Heavy Vehicles, % 11 11 0 0 14 14 Mvmt Flow 16 8 0 12 7 9 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 29 6 0 0 12 0 Stage 1 6 ----- Stage 2 23 ----- Critical Hdwy 6.51 6.31 - - 4.24 - Critical Hdwy Stg 1 5.51 ----- Critical Hdwy Stg 2 5.51 ----- Follow-up Hdwy 3.599 3.399 - - 2.326 - Pot Cap-1 Maneuver 963 1051 - - 1532 - Stage 1 994 ----- Stage 2 977 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 958 1051 - - 1532 - Mov Cap-2 Maneuver 958 ----- Stage 1 994 ----- Stage 2 972 ----- Approach WB NB SB HCM Control Delay, s 8.7 0 3.2 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 987 1532 - HCM Lane V/C Ratio - - 0.024 0.004 - HCM Control Delay (s) - - 8.7 7.4 0 HCM Lane LOS - - A A A HCM 95th %tile Q(veh) - - 0.1 0 - Page 368 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Ct 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 0 10 0 0 1 28 1086 0 3 853 15 Future Vol, veh/h 5 0 10 0 0 1 28 1086 0 3 853 15 Conflicting Peds, #/hr 0 00000704407 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 63 63 63 25 25 25 98 98 98 94 94 94 Heavy Vehicles, % 0 00000444555 Mvmt Flow 8 0 16 0 0 4 29 1108 0 3 907 16 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1540 2098 469 1630 2106 558 930 0 0 1112 0 0 Stage 1 928 928 - 1170 1170 ------- Stage 2 612 1170 - 460 936 ------- Critical Hdwy 7.5 6.5 6.9 7.5 6.5 6.9 4.18 - - 4.2 - - Critical Hdwy Stg 1 6.5 5.5 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.5 5.5 - 6.5 5.5 ------- Follow-up Hdwy 3.5 4 3.3 3.5 4 3.3 2.24 - - 2.25 - - Pot Cap-1 Maneuver *259 *76 546 *201 *74 *643 719 - - *944 - - Stage 1 *292 *349 - *606 *531 ------- Stage 2 *606 *531 - *556 *346 ------- Platoon blocked, % 1 1 1 1 1 - - 1 - - Mov Cap-1 Maneuver *246 *71 542 *188 *70 *641 714 - - *941 - - Mov Cap-2 Maneuver *246 *71 - *188 *70 ------- Stage 1 *278 *344 - *580 *507 ------- Stage 2 *578 *507 - *536 *341 ------- Approach EB WB NB SB HCM Control Delay, s 14.9 10.7 0.3 0 HCM LOS B B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)714 - - 387 641 * 941 - - HCM Lane V/C Ratio 0.04 - - 0.062 0.006 0.003 - - HCM Control Delay (s) 10.3 - - 14.9 10.7 8.8 - - HCM Lane LOS B - - B B A - - HCM 95th %tile Q(veh) 0.1 - - 0.2 0 0 - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 369 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.6 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 172 146 10 11 2 Future Vol, veh/h 1 172 146 10 11 2 Conflicting Peds, #/hr 1 00110 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 93 93 87 87 65 65 Heavy Vehicles, % 2 22200 Mvmt Flow 1 185 168 11 17 3 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 180 0 - 0 363 175 Stage 1 - - - - 175 - Stage 2 - - - - 188 - Critical Hdwy 4.12 - - - 6.4 6.2 Critical Hdwy Stg 1 - - - - 5.4 - Critical Hdwy Stg 2 - - - - 5.4 - Follow-up Hdwy 2.218 - - - 3.5 3.3 Pot Cap-1 Maneuver 1396 - - - 640 874 Stage 1 - - - - 860 - Stage 2 - - - - 849 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1395 - - - 638 873 Mov Cap-2 Maneuver - - - - 638 - Stage 1 - - - - 858 - Stage 2 - - - - 848 - Approach EB WB SB HCM Control Delay, s 0 0 10.6 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1395 - - - 666 HCM Lane V/C Ratio 0.001 - - - 0.03 HCM Control Delay (s) 7.6 0 - - 10.6 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.1 Page 370 Item 17. Timings 4: North College Ave & Hickory St 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)68 100 121 1080 815 56 Future Volume (vph)68 100 121 1080 815 56 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 2 6 Permitted Phases 4 2 6 Detector Phase 442266 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)31.0 31.0 74.0 74.0 74.0 74.0 Total Split (%)29.5% 29.5% 70.5% 70.5% 70.5% 70.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 105 Actuated Cycle Length: 105 Offset: 64 (61%), Referenced to phase 2:NBTL and 6:SBT, Start of Yellow Natural Cycle: 60 Control Type: Actuated-Coordinated Splits and Phases: 4: North College Ave & Hickory St Page 371 Item 17. Queues 4: North College Ave & Hickory St 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 85 125 125 1113 886 61 v/c Ratio 0.40 0.44 0.29 0.42 0.34 0.05 Control Delay 46.9 12.1 6.3 5.0 4.5 1.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 46.9 12.1 6.3 5.0 4.5 1.3 Queue Length 50th (ft) 54 0 18 98 71 0 Queue Length 95th (ft) 82 35 60 196 145 12 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 125 95 Base Capacity (vph) 442 475 436 2663 2638 1138 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.19 0.26 0.29 0.42 0.34 0.05 Intersection Summary Page 372 Item 17. HCM 6th Signalized Intersection Summary 4: North College Ave & Hickory St 05/24/2023 2025 Background - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 68 100 121 1080 815 56 Future Volume (veh/h) 68 100 121 1080 815 56 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1826 1826 1811 1811 Adj Flow Rate, veh/h 85 125 125 1113 886 61 Peak Hour Factor 0.80 0.80 0.97 0.97 0.92 0.92 Percent Heavy Veh, %335566 Cap, veh/h 197 160 478 2720 2697 1196 Arrive On Green 0.11 0.10 0.78 0.78 0.78 0.78 Sat Flow, veh/h 1767 1572 578 3561 3532 1526 Grp Volume(v), veh/h 85 125 125 1113 886 61 Grp Sat Flow(s),veh/h/ln 1767 1572 578 1735 1721 1526 Q Serve(g_s), s 4.7 8.1 8.4 10.7 7.9 0.9 Cycle Q Clear(g_c), s 4.7 8.1 16.3 10.7 7.9 0.9 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 197 160 478 2720 2697 1196 V/C Ratio(X) 0.43 0.78 0.26 0.41 0.33 0.05 Avail Cap(c_a), veh/h 446 382 478 2720 2697 1196 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 43.6 46.0 5.7 3.6 3.3 2.6 Incr Delay (d2), s/veh 1.5 8.0 1.3 0.5 0.3 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.2 3.6 1.0 2.6 1.9 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 45.1 54.0 7.0 4.1 3.6 2.6 LnGrp LOS D D AAAA Approach Vol, veh/h 210 1238 947 Approach Delay, s/veh 50.4 4.4 3.6 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 88.8 16.2 88.8 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 66.5 25.5 66.5 Max Q Clear Time (g_c+I1), s 18.3 10.1 9.9 Green Ext Time (p_c), s 7.1 0.6 4.1 Intersection Summary HCM 6th Ctrl Delay 8.1 HCM 6th LOS A Page 373 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023         Intersection Capacity Worksheets:  Year 2045 Background  Page 374 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Court 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 4 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 2 01100 Future Vol, veh/h 2 01100 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 25 25 25 25 92 92 Heavy Vehicles, % 2 20022 Mvmt Flow 8 04400 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 7 60080 Stage 1 6 ----- Stage 2 1 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 1014 1077 - - 1612 - Stage 1 1017 ----- Stage 2 1022 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 1014 1077 - - 1612 - Mov Cap-2 Maneuver 1014 ----- Stage 1 1017 ----- Stage 2 1022 ----- Approach WB NB SB HCM Control Delay, s 8.6 0 0 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 1014 1612 - HCM Lane V/C Ratio - - 0.008 - - HCM Control Delay (s) - - 8.6 0 - HCM Lane LOS - - A A - HCM 95th %tile Q(veh) - - 0 0 - Page 375 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 1 10 0 0 0 15 615 0 0 1040 10 Future Vol, veh/h 5 1 10 0 0 0 15 615 0 0 1040 10 Conflicting Peds, #/hr 0 00000400004 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 75 75 75 92 92 92 90 90 90 80 80 80 Heavy Vehicles, % 10 10 10 000999888 Mvmt Flow 7 1 13 0 0 0 17 683 0 0 1300 13 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1687 2028 661 1368 2034 342 1317 0 0 - - 0 Stage 1 1311 1311 - 717 717 ------- Stage 2 376 717 - 651 1317 ------- Critical Hdwy 7.7 6.7 7.1 7.5 6.5 6.9 4.28 ----- Critical Hdwy Stg 1 6.7 5.7 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.7 5.7 - 6.5 5.5 ------- Follow-up Hdwy 3.6 4.1 3.4 3.5 4 3.3 2.29 ----- Pot Cap-1 Maneuver 56 52 387 108 58 660 485 - - 0 - - Stage 1 156 212 - 391 437 ----0-- Stage 2 596 413 - 429 229 ----0-- Platoon blocked, % - - - - Mov Cap-1 Maneuver 54 50 386 99 56 660 483 ----- Mov Cap-2 Maneuver 54 50 - 99 56 ------- Stage 1 150 211 - 377 422 ------- Stage 2 575 399 - 412 228 ------- Approach EB WB NB SB HCM Control Delay, s 42.9 0 0.3 0 HCM LOS E A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBT SBR Capacity (veh/h)483 - - 116 - - - HCM Lane V/C Ratio 0.035 - - 0.184 - - - HCM Control Delay (s) 12.7 - - 42.9 0 - - HCM Lane LOS B - - E A - - HCM 95th %tile Q(veh) 0.1 - - 0.6 - - - Page 376 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.2 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 165 150 1 5 2 Future Vol, veh/h 1 165 150 1 5 2 Conflicting Peds, #/hr 3 00300 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 65 65 80 80 88 88 Heavy Vehicles, % 3 3 4 4 10 10 Mvmt Flow 2 254 188 1 6 2 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 192 0 - 0 450 192 Stage 1 - - - - 192 - Stage 2 - - - - 258 - Critical Hdwy 4.13 - - - 6.5 6.3 Critical Hdwy Stg 1 - - - - 5.5 - Critical Hdwy Stg 2 - - - - 5.5 - Follow-up Hdwy 2.227 - - - 3.59 3.39 Pot Cap-1 Maneuver 1375 - - - 552 830 Stage 1 - - - - 822 - Stage 2 - - - - 767 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1371 - - - 548 828 Mov Cap-2 Maneuver - - - - 548 - Stage 1 - - - - 818 - Stage 2 - - - - 765 - Approach EB WB SB HCM Control Delay, s 0 0 11 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1371 - - - 607 HCM Lane V/C Ratio 0.001 - - - 0.013 HCM Control Delay (s) 7.6 0 - - 11 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0 Page 377 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR 30 110 105 615 970 60 30 110 105 615 970 60 Prot Perm Perm NA NA Perm 4 6 2 4 6 2 446622 7.0 7.0 10.0 10.0 10.0 10.0 25.5 25.5 24.5 24.5 24.5 24.5 30.0 30.0 50.0 50.0 50.0 50.0 37.5% 37.5% 62.5% 62.5% 62.5% 62.5% 3.5 3.5 4.5 4.5 4.5 4.5 2.0 2.0 3.0 3.0 3.0 3.0 -1.0 0.0 -1.0 -1.0 -1.0 -1.0 4.5 5.5 6.5 6.5 6.5 6.5 None None Max Max C-Max C-Max 12.0 11.0 60.8 60.8 60.8 60.8 0.15 0.14 0.76 0.76 0.76 0.76 Lane Configurations Traffic Volume (vph) Future Volume (vph) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Yellow Time (s) All-Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead-Lag Optimize? Recall Mode Act Effct Green (s) Actuated g/C Ratio Cycle Length: 80 Actuated Cycle Length: 80 Offset: 47 (59%), Referenced to phase 2:SBT, Start of Red Natural Cycle: 75 Control Type: Actuated-Coordinated Maximum v/c Ratio: 0.49 Intersection Signal Delay: 7.5 Intersection Capacity Utilization 55.6% Analysis Period (min) 15 Splits and Phases: 4: Hickory St & North College Ave Page 378 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 35 129 121 707 1213 75 v/c Ratio 0.13 0.49 0.44 0.28 0.47 0.07 Control Delay 28.0 24.7 13.3 4.9 6.3 2.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 28.0 24.7 13.3 4.9 6.3 2.4 Queue Length 50th (ft) 16 35 19 50 106 2 Queue Length 95th (ft) 33 68 90 112 195 16 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 558 517 278 2518 2565 1132 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.06 0.25 0.44 0.28 0.47 0.07 Intersection Summary Page 379 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 30 110 105 615 970 60 Future Volume (veh/h) 30 110 105 615 970 60 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1767 1767 1796 1796 Adj Flow Rate, veh/h 35 129 121 707 1212 75 Peak Hour Factor 0.85 0.85 0.87 0.87 0.80 0.80 Percent Heavy Veh, %339977 Cap, veh/h 212 169 334 2493 2535 1129 Arrive On Green 0.12 0.11 0.74 0.74 0.74 0.74 Sat Flow, veh/h 1767 1572 405 3445 3503 1520 Grp Volume(v), veh/h 35 129 121 707 1212 75 Grp Sat Flow(s),veh/h/ln 1767 1572 405 1678 1706 1520 Q Serve(g_s), s 1.4 6.4 13.6 5.5 11.3 1.1 Cycle Q Clear(g_c), s 1.4 6.4 24.9 5.5 11.3 1.1 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 212 169 334 2493 2535 1129 V/C Ratio(X) 0.17 0.76 0.36 0.28 0.48 0.07 Avail Cap(c_a), veh/h 563 482 334 2493 2535 1129 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.6 34.7 9.1 3.4 4.1 2.8 Incr Delay (d2), s/veh 0.4 7.0 3.0 0.3 0.6 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.6 2.7 1.3 1.4 2.5 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 32.0 41.7 12.1 3.6 4.8 2.9 LnGrp LOS C D BAAA Approach Vol, veh/h 164 828 1287 Approach Delay, s/veh 39.7 4.9 4.6 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 65.9 14.1 65.9 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 42.5 24.5 42.5 Max Q Clear Time (g_c+I1), s 13.3 8.4 26.9 Green Ext Time (p_c), s 6.1 0.4 4.4 Intersection Summary HCM 6th Ctrl Delay 7.3 HCM 6th LOS A Page 380 Item 17. HCM 6th TWSC 1: Mason St & Hibdon Court 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 4.6 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 15 5 0 10 3 5 Future Vol, veh/h 15 5 0 10 3 5 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 75 75 58 58 44 44 Heavy Vehicles, % 11 11 2 2 10 10 Mvmt Flow 20 7 0 17 7 11 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 34 9 0 0 17 0 Stage 1 9 ----- Stage 2 25 ----- Critical Hdwy 6.51 6.31 - - 4.2 - Critical Hdwy Stg 1 5.51 ----- Critical Hdwy Stg 2 5.51 ----- Follow-up Hdwy 3.599 3.399 - - 2.29 - Pot Cap-1 Maneuver 957 1047 - - 1550 - Stage 1 991 ----- Stage 2 975 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 952 1047 - - 1550 - Mov Cap-2 Maneuver 952 ----- Stage 1 991 ----- Stage 2 970 ----- Approach WB NB SB HCM Control Delay, s 8.8 0 2.7 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 974 1550 - HCM Lane V/C Ratio - - 0.027 0.004 - HCM Control Delay (s) - - 8.8 7.3 0 HCM Lane LOS - - A A A HCM 95th %tile Q(veh) - - 0.1 0 - Page 381 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 0 10 0 0 1 30 1265 0 3 995 20 Future Vol, veh/h 5 0 10 0 0 1 30 1265 0 3 995 20 Conflicting Peds, #/hr 0 00000704407 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 63 63 63 25 25 25 98 98 98 94 94 94 Heavy Vehicles, % 0 00000444555 Mvmt Flow 8 0 16 0 0 4 31 1291 0 3 1059 21 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1791 2440 547 1893 2450 650 1087 0 0 1295 0 0 Stage 1 1083 1083 - 1357 1357 ------- Stage 2 708 1357 - 536 1093 ------- Critical Hdwy 7.5 6.5 6.9 7.5 6.5 6.9 4.18 - - 4.2 - - Critical Hdwy Stg 1 6.5 5.5 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.5 5.5 - 6.5 5.5 ------- Follow-up Hdwy 3.5 4 3.3 3.5 4 3.3 2.24 - - 2.25 - - Pot Cap-1 Maneuver *189 *36 486 *136 *35 *555 626 - - *815 - - Stage 1 *235 *296 - *524 *458 ------- Stage 2 *524 *458 - *501 *293 ------- Platoon blocked, % 1 1 1 1 1 - - 1 - - Mov Cap-1 Maneuver *178 *33 483 *125 *32 *553 622 - - *812 - - Mov Cap-2 Maneuver *178 *33 - *125 *32 ------- Stage 1 *222 *291 - *496 *434 ------- Stage 2 *494 *434 - *480 *288 ------- Approach EB WB NB SB HCM Control Delay, s 17.7 11.6 0.3 0 HCM LOS C B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)622 - - 307 553 * 812 - - HCM Lane V/C Ratio 0.049 - - 0.078 0.007 0.004 - - HCM Control Delay (s) 11.1 - - 17.7 11.6 9.5 - - HCM Lane LOS B - - C B A - - HCM 95th %tile Q(veh) 0.2 - - 0.2 0 0 - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 382 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 0.7 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 1 200 170 10 15 2 Future Vol, veh/h 1 200 170 10 15 2 Conflicting Peds, #/hr 1 00110 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 93 93 87 87 65 65 Heavy Vehicles, % 2 22222 Mvmt Flow 1 215 195 11 23 3 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 207 0 - 0 420 202 Stage 1 - - - - 202 - Stage 2 - - - - 218 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1364 - - - 590 839 Stage 1 - - - - 832 - Stage 2 - - - - 818 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1363 - - - 588 838 Mov Cap-2 Maneuver - - - - 588 - Stage 1 - - - - 830 - Stage 2 - - - - 817 - Approach EB WB SB HCM Control Delay, s 0 0 11.2 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1363 - - - 609 HCM Lane V/C Ratio 0.001 - - - 0.043 HCM Control Delay (s) 7.6 0 - - 11.2 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.1 Page 383 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR 80 115 140 1260 950 65 80 115 140 1260 950 65 Prot Perm Perm NA NA Perm 4 2 6 4 2 6 442266 7.0 7.0 10.0 10.0 10.0 10.0 25.5 25.5 24.5 24.5 24.5 24.5 31.0 31.0 74.0 74.0 74.0 74.0 29.5% 29.5% 70.5% 70.5% 70.5% 70.5% 3.5 3.5 4.5 4.5 4.5 4.5 2.0 2.0 3.0 3.0 3.0 3.0 -1.0 0.0 -1.0 -1.0 -1.0 -1.0 4.5 5.5 6.5 6.5 6.5 6.5 None None C-Max C-Max C-Max C-Max 13.2 12.2 80.8 80.8 80.8 80.8 0.13 0.12 0.77 0.77 0.77 0.77 Lane Configurations Traffic Volume (vph) Future Volume (vph) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Yellow Time (s) All-Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead-Lag Optimize? Recall Mode Act Effct Green (s) Actuated g/C Ratio v/c Ratio Cycle Length: 105 Actuated Cycle Length: 105 Offset: 64 (61%), Referenced to phase 2:NBTL and 6:SBT, Start of Yellow Natural Cycle: 65 Control Type: Actuated-Coordinated Maximum v/c Ratio: 0.49 Intersection Signal Delay: 7.5 Intersection Capacity Utilization 55.0% Analysis Period (min) 15 Splits and Phases: 4: Hickory St & North College Ave Page 384 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 100 144 144 1299 1033 71 v/c Ratio 0.45 0.49 0.39 0.49 0.39 0.06 Control Delay 47.9 15.6 8.8 5.8 5.0 1.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 47.9 15.6 8.8 5.8 5.0 1.6 Queue Length 50th (ft) 64 11 25 132 93 1 Queue Length 95th (ft) 93 48 83 247 178 15 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 442 476 365 2645 2620 1131 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.23 0.30 0.39 0.49 0.39 0.06 Intersection Summary Page 385 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 80 115 140 1260 950 65 Future Volume (veh/h) 80 115 140 1260 950 65 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1826 1826 1811 1811 Adj Flow Rate, veh/h 100 144 144 1299 1033 71 Peak Hour Factor 0.80 0.80 0.97 0.97 0.92 0.92 Percent Heavy Veh, %335566 Cap, veh/h 219 180 404 2675 2654 1177 Arrive On Green 0.12 0.11 0.77 0.77 0.77 0.77 Sat Flow, veh/h 1767 1572 498 3561 3532 1526 Grp Volume(v), veh/h 100 144 144 1299 1033 71 Grp Sat Flow(s),veh/h/ln 1767 1572 498 1735 1721 1526 Q Serve(g_s), s 5.5 9.4 14.0 14.4 10.3 1.2 Cycle Q Clear(g_c), s 5.5 9.4 24.3 14.4 10.3 1.2 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 219 180 404 2675 2654 1177 V/C Ratio(X) 0.46 0.80 0.36 0.49 0.39 0.06 Avail Cap(c_a), veh/h 446 382 404 2675 2654 1177 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 42.7 45.3 7.9 4.4 3.9 2.9 Incr Delay (d2), s/veh 1.5 7.9 2.4 0.6 0.4 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.5 4.1 1.6 4.2 2.6 0.3 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 44.2 53.2 10.3 5.0 4.4 3.0 LnGrp LOS D D BAAA Approach Vol, veh/h 244 1443 1104 Approach Delay, s/veh 49.5 5.6 4.3 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 87.5 17.5 87.5 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 66.5 25.5 66.5 Max Q Clear Time (g_c+I1), s 26.3 11.4 12.3 Green Ext Time (p_c), s 9.9 0.7 5.1 Intersection Summary HCM 6th Ctrl Delay 8.9 HCM 6th LOS A Page 386 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Intersection Capacity Worksheets:  Year 2025 Background+  Project    Page 387 Item 17. HCM 6th TWSC 1: Mason St & Rescue Mission Access/Hibdon Court 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 7.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 4 4 44 808128000 Future Vol, veh/h 0 4 4 44 808128000 Conflicting Peds, #/hr 0 00000000000 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 25 25 25 25 25 25 92 92 92 Heavy Vehicles, % 2 22222200222 Mvmt Flow 0 4 4 176 32 0 32 4 112 0 0 0 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 141 181 1 129 125 60 1 0 0 116 0 0 Stage 1 1 1 - 124 124 ------- Stage 2 140 180 - 5 1 ------- Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 - - 4.12 - - Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 ------- Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 ------- Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 - - 2.218 - - Pot Cap-1 Maneuver 829 713 1084 844 765 1005 1622 - - 1473 - - Stage 1 1022 895 - 880 793 ------- Stage 2 863 750 - 1017 895 ------- Platoon blocked, % - - - - Mov Cap-1 Maneuver 789 698 1084 823 749 1005 1622 - - 1473 - - Mov Cap-2 Maneuver 789 698 - 823 749 ------- Stage 1 1001 895 - 862 776 ------- Stage 2 810 734 - 1008 895 ------- Approach EB WB NB SB HCM Control Delay, s 9.3 11 1.6 0 HCM LOS A B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)1622 - - 849 811 1473 - - HCM Lane V/C Ratio 0.02 - - 0.01 0.256 - - - HCM Control Delay (s) 7.3 0 - 9.3 11 0 - - HCM Lane LOS A A - A B A - - HCM 95th %tile Q(veh) 0.1 - - 0 1 0 - - Page 388 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 10 1 19 0 0 0 32 545 0 0 893 34 Future Vol, veh/h 10 1 19 0 0 0 32 545 0 0 893 34 Conflicting Peds, #/hr 0 00000400004 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 75 75 75 92 92 92 90 90 90 80 80 80 Heavy Vehicles, % 10 10 10 000999888 Mvmt Flow 13 1 25 0 0 0 36 606 0 0 1116 43 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1517 1820 584 1237 1841 303 1163 0 0 - - 0 Stage 1 1142 1142 - 678 678 ------- Stage 2 375 678 - 559 1163 ------- Critical Hdwy 7.7 6.7 7.1 7.5 6.5 6.9 4.28 ----- Critical Hdwy Stg 1 6.7 5.7 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.7 5.7 - 6.5 5.5 ------- Follow-up Hdwy 3.6 4.1 3.4 3.5 4 3.3 2.29 ----- Pot Cap-1 Maneuver 76 70 435 134 76 699 558 - - 0 - - Stage 1 200 257 - 413 455 ----0-- Stage 2 597 431 - 486 271 ----0-- Platoon blocked, % - - - - Mov Cap-1 Maneuver 72 65 433 118 71 699 556 ----- Mov Cap-2 Maneuver 72 65 - 118 71 ------- Stage 1 186 256 - 386 425 ------- Stage 2 558 403 - 455 270 ------- Approach EB WB NB SB HCM Control Delay, s 37.2 0 0.7 0 HCM LOS E A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBT SBR Capacity (veh/h)556 - - 151 - - - HCM Lane V/C Ratio 0.064 - - 0.265 - - - HCM Control Delay (s) 11.9 - - 37.2 0 - - HCM Lane LOS B - - E A - - HCM 95th %tile Q(veh) 0.2 - - 1 - - - Page 389 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 1.5 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 4 140 131 37 47 5 Future Vol, veh/h 4 140 131 37 47 5 Conflicting Peds, #/hr 3 00300 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 65 65 80 80 88 88 Heavy Vehicles, % 3 3 4 4 10 10 Mvmt Flow 6 215 164 46 53 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 213 0 - 0 417 190 Stage 1 - - - - 190 - Stage 2 - - - - 227 - Critical Hdwy 4.13 - - - 6.5 6.3 Critical Hdwy Stg 1 - - - - 5.5 - Critical Hdwy Stg 2 - - - - 5.5 - Follow-up Hdwy 2.227 - - - 3.59 3.39 Pot Cap-1 Maneuver 1351 - - - 577 832 Stage 1 - - - - 823 - Stage 2 - - - - 792 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1347 - - - 571 830 Mov Cap-2 Maneuver - - - - 571 - Stage 1 - - - - 816 - Stage 2 - - - - 790 - Approach EB WB SB HCM Control Delay, s 0.2 0 11.8 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1347 - - - 589 HCM Lane V/C Ratio 0.005 - - - 0.1 HCM Control Delay (s) 7.7 0 - - 11.8 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.3 Page 390 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)41 121 124 546 846 53 Future Volume (vph)41 121 124 546 846 53 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 6 2 Permitted Phases 4 6 2 Detector Phase 446622 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)30.0 30.0 50.0 50.0 50.0 50.0 Total Split (%)37.5% 37.5% 62.5% 62.5% 62.5% 62.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None Max Max C-Max C-Max Intersection Summary Cycle Length: 80 Actuated Cycle Length: 80 Offset: 47 (59%), Referenced to phase 2:SBT, Start of Red Natural Cycle: 65 Control Type: Actuated-Coordinated Splits and Phases: 4: Hickory St & North College Ave Page 391 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 48 142 143 628 1058 66 v/c Ratio 0.19 0.51 0.45 0.26 0.44 0.06 Control Delay 29.4 20.7 12.4 5.0 6.1 2.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 29.4 20.7 12.4 5.0 6.1 2.2 Queue Length 50th (ft) 22 29 22 41 82 1 Queue Length 95th (ft) 41 63 94 98 162 13 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 558 536 315 2372 2416 1070 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.09 0.26 0.45 0.26 0.44 0.06 Intersection Summary Page 392 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 41 121 124 546 846 53 Future Volume (veh/h) 41 121 124 546 846 53 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1767 1767 1796 1796 Adj Flow Rate, veh/h 48 142 143 628 1058 66 Peak Hour Factor 0.85 0.85 0.87 0.87 0.80 0.80 Percent Heavy Veh, %339977 Cap, veh/h 229 184 380 2460 2501 1114 Arrive On Green 0.13 0.12 0.73 0.73 0.73 0.73 Sat Flow, veh/h 1767 1572 473 3445 3503 1520 Grp Volume(v), veh/h 48 142 143 628 1058 66 Grp Sat Flow(s),veh/h/ln 1767 1572 473 1678 1706 1520 Q Serve(g_s), s 1.9 7.0 13.4 4.9 9.6 1.0 Cycle Q Clear(g_c), s 1.9 7.0 23.0 4.9 9.6 1.0 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 229 184 380 2460 2501 1114 V/C Ratio(X) 0.21 0.77 0.38 0.26 0.42 0.06 Avail Cap(c_a), veh/h 563 482 380 2460 2501 1114 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.1 34.3 8.6 3.5 4.1 3.0 Incr Delay (d2), s/veh 0.4 6.6 2.8 0.3 0.5 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.9 3.0 1.5 1.3 2.2 0.2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 31.6 40.9 11.4 3.8 4.7 3.1 LnGrp LOS C D BAAA Approach Vol, veh/h 190 771 1124 Approach Delay, s/veh 38.6 5.2 4.6 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 65.1 14.9 65.1 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 42.5 24.5 42.5 Max Q Clear Time (g_c+I1), s 11.6 9.0 25.0 Green Ext Time (p_c), s 5.1 0.5 4.3 Intersection Summary HCM 6th Ctrl Delay 7.9 HCM 6th LOS A Page 393 Item 17. HCM 6th TWSC 101: Access 101 & Hibdon Court 05/23/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 7 Intersection Int Delay, s/veh 5.5 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 6 26 32 13 39 13 Future Vol, veh/h 6 26 32 13 39 13 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 7 28 35 14 42 14 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 35 0 105 21 Stage 1 - - - - 21 - Stage 2 - - - - 84 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 1576 - 893 1056 Stage 1 - - - - 1002 - Stage 2 - - - - 939 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 1576 - 873 1056 Mov Cap-2 Maneuver - - - - 873 - Stage 1 - - - - 1002 - Stage 2 - - - - 918 - Approach EB WB NB HCM Control Delay, s 0 5.2 9.2 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBT EBR WBL WBT Capacity (veh/h)913 - - 1576 - HCM Lane V/C Ratio 0.062 - - 0.022 - HCM Control Delay (s) 9.2 - - 7.3 0 HCM Lane LOS A - - A A HCM 95th %tile Q(veh) 0.2 - - 0.1 - Page 394 Item 17. HCM 6th TWSC 102: Mason St & Rescue Mission South Access 05/24/2023 2025 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 0.7 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 2 5 36 50 3 Future Vol, veh/h 1 2 5 36 50 3 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 88 88 88 88 88 88 Heavy Vehicles, % 2 22222 Mvmt Flow 1 2 6 41 57 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 112 59 60 0 - 0 Stage 1 59 ----- Stage 2 53 ----- Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 885 1007 1544 - - - Stage 1 964 ----- Stage 2 970 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 881 1007 1544 - - - Mov Cap-2 Maneuver 881 ----- Stage 1 960 ----- Stage 2 970 ----- Approach EB NB SB HCM Control Delay, s 8.8 0.9 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h)1544 - 961 - - HCM Lane V/C Ratio 0.004 - 0.004 - - HCM Control Delay (s) 7.3 0 8.8 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0 - - Page 395 Item 17. HCM 6th TWSC 1: Mason St & Rescue Mission Access/Hibdon Court 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 5.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 6 6 57 454033350 Future Vol, veh/h 0 6 6 57 454033350 Conflicting Peds, #/hr 0 00000000000 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 75 75 75 58 58 58 44 44 44 Heavy Vehicles, % 2 2 2 11 11 11 2 2 2 10 10 10 Mvmt Flow 0 7 7 76 5770577110 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 74 96 11 75 68 29 11 0 0 57 0 0 Stage 1 25 25 - 43 43 ------- Stage 2 49 71 - 32 25 ------- Critical Hdwy 7.12 6.52 6.22 7.21 6.61 6.31 4.12 - - 4.2 - - Critical Hdwy Stg 1 6.12 5.52 - 6.21 5.61 ------- Critical Hdwy Stg 2 6.12 5.52 - 6.21 5.61 ------- Follow-up Hdwy 3.518 4.018 3.318 3.599 4.099 3.399 2.218 - - 2.29 - - Pot Cap-1 Maneuver 916 794 1070 893 806 1020 1608 - - 1498 - - Stage 1 993 874 - 949 842 ------- Stage 2 964 836 - 962 857 ------- Platoon blocked, % - - - - Mov Cap-1 Maneuver 899 786 1070 875 798 1020 1608 - - 1498 - - Mov Cap-2 Maneuver 899 786 - 875 798 ------- Stage 1 988 870 - 944 838 ------- Stage 2 947 832 - 944 853 ------- Approach EB WB NB SB HCM Control Delay, s 9 9.6 0.8 2.8 HCM LOS A A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)1608 - - 906 879 1498 - - HCM Lane V/C Ratio 0.004 - - 0.014 0.1 0.005 - - HCM Control Delay (s) 7.2 0 - 9 9.6 7.4 0 - HCM Lane LOS A A -AAAA - HCM 95th %tile Q(veh) 0 - - 0 0.3 0 - - Page 396 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 13 0 25 0 0 1 41 1103 0 3 854 35 Future Vol, veh/h 13 0 25 0 0 1 41 1103 0 3 854 35 Conflicting Peds, #/hr 0 00000704407 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 63 63 63 25 25 25 98 98 98 94 94 94 Heavy Vehicles, % 0 00000444555 Mvmt Flow 21 0 40 0 0 4 42 1126 0 3 909 37 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1588 2155 480 1675 2173 567 953 0 0 1130 0 0 Stage 1 941 941 - 1214 1214 ------- Stage 2 647 1214 - 461 959 ------- Critical Hdwy 7.5 6.5 6.9 7.5 6.5 6.9 4.18 - - 4.2 - - Critical Hdwy Stg 1 6.5 5.5 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.5 5.5 - 6.5 5.5 ------- Follow-up Hdwy 3.5 4 3.3 3.5 4 3.3 2.24 - - 2.25 - - Pot Cap-1 Maneuver *226 *66 537 *178 *63 *643 705 - - *944 - - Stage 1 *287 *345 - *606 *531 ------- Stage 2 *606 *531 - *555 *338 ------- Platoon blocked, % 1 1 1 1 1 - - 1 - - Mov Cap-1 Maneuver *212 *61 533 *156 *58 *641 700 - - *941 - - Mov Cap-2 Maneuver *212 *61 - *156 *58 ------- Stage 1 *268 *340 - *568 *497 ------- Stage 2 *566 *497 - *510 *333 ------- Approach EB WB NB SB HCM Control Delay, s 17.4 10.7 0.4 0 HCM LOS C B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)700 - - 351 641 * 941 - - HCM Lane V/C Ratio 0.06 - - 0.172 0.006 0.003 - - HCM Control Delay (s) 10.5 - - 17.4 10.7 8.8 - - HCM Lane LOS B - - C B A - - HCM 95th %tile Q(veh) 0.2 - - 0.6 0 0 - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 397 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 2.1 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 4 172 131 37 47 5 Future Vol, veh/h 4 172 131 37 47 5 Conflicting Peds, #/hr 1 00110 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 93 93 87 87 65 65 Heavy Vehicles, % 2 22222 Mvmt Flow 4 185 151 43 72 8 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 195 0 - 0 368 174 Stage 1 - - - - 174 - Stage 2 - - - - 194 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1378 - - - 632 869 Stage 1 - - - - 856 - Stage 2 - - - - 839 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1377 - - - 629 868 Mov Cap-2 Maneuver - - - - 629 - Stage 1 - - - - 853 - Stage 2 - - - - 838 - Approach EB WB SB HCM Control Delay, s 0.2 0 11.4 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1377 - - - 646 HCM Lane V/C Ratio 0.003 - - - 0.124 HCM Control Delay (s) 7.6 0 - - 11.4 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.4 Page 398 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)85 132 146 1093 830 57 Future Volume (vph)85 132 146 1093 830 57 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 2 6 Permitted Phases 4 2 6 Detector Phase 442266 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)31.0 31.0 74.0 74.0 74.0 74.0 Total Split (%)29.5% 29.5% 70.5% 70.5% 70.5% 70.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 105 Actuated Cycle Length: 105 Offset: 64 (61%), Referenced to phase 2:NBTL and 6:SBT, Start of Yellow Natural Cycle: 60 Control Type: Actuated-Coordinated Splits and Phases: 4: Hickory St & North College Ave Page 399 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 106 165 151 1127 902 62 v/c Ratio 0.47 0.50 0.36 0.43 0.35 0.06 Control Delay 48.2 11.5 7.6 5.3 4.7 1.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 48.2 11.5 7.6 5.3 4.7 1.4 Queue Length 50th (ft) 68 0 26 108 79 0 Queue Length 95th (ft) 98 38 78 200 148 12 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 442 505 423 2637 2613 1127 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.24 0.33 0.36 0.43 0.35 0.06 Intersection Summary Page 400 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 85 132 146 1093 830 57 Future Volume (veh/h) 85 132 146 1093 830 57 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1826 1826 1811 1811 Adj Flow Rate, veh/h 106 165 151 1127 902 62 Peak Hour Factor 0.80 0.80 0.97 0.97 0.92 0.92 Percent Heavy Veh, %335566 Cap, veh/h 243 201 450 2628 2607 1156 Arrive On Green 0.14 0.13 0.76 0.76 0.76 0.76 Sat Flow, veh/h 1767 1572 569 3561 3532 1526 Grp Volume(v), veh/h 106 165 151 1127 902 62 Grp Sat Flow(s),veh/h/ln 1767 1572 569 1735 1721 1526 Q Serve(g_s), s 5.8 10.7 12.5 12.2 9.0 1.1 Cycle Q Clear(g_c), s 5.8 10.7 21.5 12.2 9.0 1.1 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 243 201 450 2628 2607 1156 V/C Ratio(X) 0.44 0.82 0.34 0.43 0.35 0.05 Avail Cap(c_a), veh/h 446 382 450 2628 2607 1156 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 41.5 44.6 7.7 4.6 4.2 3.2 Incr Delay (d2), s/veh 1.2 8.0 2.0 0.5 0.4 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.6 4.6 1.6 3.7 2.4 0.3 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 42.8 52.6 9.7 5.1 4.5 3.3 LnGrp LOS D D AAAA Approach Vol, veh/h 271 1278 964 Approach Delay, s/veh 48.7 5.6 4.5 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 86.1 18.9 86.1 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 66.5 25.5 66.5 Max Q Clear Time (g_c+I1), s 23.5 12.7 11.0 Green Ext Time (p_c), s 8.1 0.7 4.2 Intersection Summary HCM 6th Ctrl Delay 9.8 HCM 6th LOS A Page 401 Item 17. HCM 6th TWSC 101: Access 101 & Hibdon Court 05/23/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 7 Intersection Int Delay, s/veh 4.9 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 18 24 28 25 44 15 Future Vol, veh/h 18 24 28 25 44 15 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 20 26 30 27 48 16 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 46 0 120 33 Stage 1 - - - - 33 - Stage 2 - - - - 87 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 1562 - 876 1041 Stage 1 - - - - 989 - Stage 2 - - - - 936 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 1562 - 858 1041 Mov Cap-2 Maneuver - - - - 858 - Stage 1 - - - - 989 - Stage 2 - - - - 917 - Approach EB WB NB HCM Control Delay, s 0 3.9 9.3 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBT EBR WBL WBT Capacity (veh/h)898 - - 1562 - HCM Lane V/C Ratio 0.071 - - 0.019 - HCM Control Delay (s) 9.3 - - 7.4 0 HCM Lane LOS A - - A A HCM 95th %tile Q(veh) 0.2 - - 0.1 - Page 402 Item 17. HCM 6th TWSC 102: Mason St & Rescue Mission South Access 05/24/2023 2025 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 0.3 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 2 2 1 39 63 1 Future Vol, veh/h 2 2 1 39 63 1 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 88 88 65 65 65 65 Heavy Vehicles, % 2 22222 Mvmt Flow 2 2 2 60 97 2 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 162 98 99 0 - 0 Stage 1 98 ----- Stage 2 64 ----- Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 829 958 1494 - - - Stage 1 926 ----- Stage 2 959 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 828 958 1494 - - - Mov Cap-2 Maneuver 828 ----- Stage 1 925 ----- Stage 2 959 ----- Approach EB NB SB HCM Control Delay, s 9.1 0.2 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h)1494 - 888 - - HCM Lane V/C Ratio 0.001 - 0.005 - - HCM Control Delay (s) 7.4 0 9.1 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0 - - Page 403 Item 17. North College 1311 ODP Traffic Impact Study (FT #23043)      Fox Tuttle Transportation Group, LLC Updated: October 11, 2023      Intersection Capacity Worksheets:  Year 2045 Background+  Project    Page 404 Item 17. HCM 6th TWSC 1: Mason St & Rescue Mission Access/Hibdon Court 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 7.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 4 4 44 808128000 Future Vol, veh/h 0 4 4 44 808128000 Conflicting Peds, #/hr 0 00000000000 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 25 25 25 25 25 25 92 92 92 Heavy Vehicles, % 2 22222200222 Mvmt Flow 0 4 4 176 32 0 32 4 112 0 0 0 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 141 181 1 129 125 60 1 0 0 116 0 0 Stage 1 1 1 - 124 124 ------- Stage 2 140 180 - 5 1 ------- Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 - - 4.12 - - Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 ------- Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 ------- Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 - - 2.218 - - Pot Cap-1 Maneuver 829 713 1084 844 765 1005 1622 - - 1473 - - Stage 1 1022 895 - 880 793 ------- Stage 2 863 750 - 1017 895 ------- Platoon blocked, % - - - - Mov Cap-1 Maneuver 789 698 1084 823 749 1005 1622 - - 1473 - - Mov Cap-2 Maneuver 789 698 - 823 749 ------- Stage 1 1001 895 - 862 776 ------- Stage 2 810 734 - 1008 895 ------- Approach EB WB NB SB HCM Control Delay, s 9.3 11 1.6 0 HCM LOS A B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)1622 - - 849 811 1473 - - HCM Lane V/C Ratio 0.02 - - 0.01 0.256 - - - HCM Control Delay (s) 7.3 0 - 9.3 11 0 - - HCM Lane LOS A A - A B A - - HCM 95th %tile Q(veh) 0.1 - - 0 1 0 - - Page 405 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 11 1 22 0 0 0 33 630 0 0 1041 35 Future Vol, veh/h 11 1 22 0 0 0 33 630 0 0 1041 35 Conflicting Peds, #/hr 0 00000400004 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 75 75 75 92 92 92 90 90 90 80 80 80 Heavy Vehicles, % 10 10 10 000999888 Mvmt Flow 15 1 29 0 0 0 37 700 0 0 1301 44 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1751 2101 677 1425 2123 350 1349 0 0 - - 0 Stage 1 1327 1327 - 774 774 ------- Stage 2 424 774 - 651 1349 ------- Critical Hdwy 7.7 6.7 7.1 7.5 6.5 6.9 4.28 ----- Critical Hdwy Stg 1 6.7 5.7 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.7 5.7 - 6.5 5.5 ------- Follow-up Hdwy 3.6 4.1 3.4 3.5 4 3.3 2.29 ----- Pot Cap-1 Maneuver 50 46 377 98 51 652 471 - - 0 - - Stage 1 153 208 - 362 411 ----0-- Stage 2 557 388 - 429 221 ----0-- Platoon blocked, % - - - - Mov Cap-1 Maneuver 47 42 376 83 47 652 469 ----- Mov Cap-2 Maneuver 47 42 - 83 47 ------- Stage 1 140 207 - 333 379 ------- Stage 2 513 357 - 393 220 ------- Approach EB WB NB SB HCM Control Delay, s 61.4 0 0.7 0 HCM LOS F A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBT SBR Capacity (veh/h)469 - - 107 - - - HCM Lane V/C Ratio 0.078 - - 0.424 - - - HCM Control Delay (s) 13.3 - - 61.4 0 - - HCM Lane LOS B - - F A - - HCM 95th %tile Q(veh) 0.3 - - 1.8 - - - Page 406 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 1.4 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 4 165 150 37 47 5 Future Vol, veh/h 4 165 150 37 47 5 Conflicting Peds, #/hr 3 00300 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 65 65 80 80 88 88 Heavy Vehicles, % 3 3 4 4 10 10 Mvmt Flow 6 254 188 46 53 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 237 0 - 0 480 214 Stage 1 - - - - 214 - Stage 2 - - - - 266 - Critical Hdwy 4.13 - - - 6.5 6.3 Critical Hdwy Stg 1 - - - - 5.5 - Critical Hdwy Stg 2 - - - - 5.5 - Follow-up Hdwy 2.227 - - - 3.59 3.39 Pot Cap-1 Maneuver 1324 - - - 530 806 Stage 1 - - - - 803 - Stage 2 - - - - 760 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1320 - - - 524 804 Mov Cap-2 Maneuver - - - - 524 - Stage 1 - - - - 797 - Stage 2 - - - - 758 - Approach EB WB SB HCM Control Delay, s 0.2 0 12.5 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1320 - - - 542 HCM Lane V/C Ratio 0.005 - - - 0.109 HCM Control Delay (s) 7.7 0 - - 12.5 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.4 Page 407 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)45 137 140 633 982 61 Future Volume (vph)45 137 140 633 982 61 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 6 2 Permitted Phases 4 6 2 Detector Phase 446622 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)30.0 30.0 50.0 50.0 50.0 50.0 Total Split (%)37.5% 37.5% 62.5% 62.5% 62.5% 62.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None Max Max C-Max C-Max Intersection Summary Cycle Length: 80 Actuated Cycle Length: 80 Offset: 47 (59%), Referenced to phase 2:SBT, Start of Red Natural Cycle: 90 Control Type: Actuated-Coordinated Splits and Phases: 4: Hickory St & North College Ave Page 408 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 53 161 161 728 1228 76 v/c Ratio 0.19 0.57 0.66 0.31 0.52 0.07 Control Delay 28.1 28.3 26.6 5.7 7.4 2.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 28.1 28.3 26.6 5.7 7.4 2.6 Queue Length 50th (ft) 24 51 36 58 121 2 Queue Length 95th (ft) 45 89 #166 116 198 16 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 558 516 243 2316 2359 1046 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.09 0.31 0.66 0.31 0.52 0.07 Intersection Summary # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Page 409 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 45 137 140 633 982 61 Future Volume (veh/h) 45 137 140 633 982 61 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1767 1767 1796 1796 Adj Flow Rate, veh/h 53 161 161 728 1228 76 Peak Hour Factor 0.85 0.85 0.87 0.87 0.80 0.80 Percent Heavy Veh, %339977 Cap, veh/h 252 205 314 2416 2456 1094 Arrive On Green 0.14 0.13 0.72 0.72 0.72 0.72 Sat Flow, veh/h 1767 1572 399 3445 3503 1520 Grp Volume(v), veh/h 53 161 161 728 1228 76 Grp Sat Flow(s),veh/h/ln 1767 1572 399 1678 1706 1520 Q Serve(g_s), s 2.1 7.9 23.7 6.2 12.6 1.2 Cycle Q Clear(g_c), s 2.1 7.9 36.3 6.2 12.6 1.2 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 252 205 314 2416 2456 1094 V/C Ratio(X) 0.21 0.79 0.51 0.30 0.50 0.07 Avail Cap(c_a), veh/h 563 482 314 2416 2456 1094 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 30.3 33.7 12.9 4.0 4.9 3.3 Incr Delay (d2), s/veh 0.4 6.5 5.9 0.3 0.7 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.9 3.4 2.4 1.7 3.0 0.3 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 30.7 40.2 18.7 4.3 5.6 3.4 LnGrp LOS C D BAAA Approach Vol, veh/h 214 889 1304 Approach Delay, s/veh 37.9 6.9 5.5 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 64.1 15.9 64.1 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 42.5 24.5 42.5 Max Q Clear Time (g_c+I1), s 14.6 9.9 38.3 Green Ext Time (p_c), s 6.1 0.6 2.1 Intersection Summary HCM 6th Ctrl Delay 8.9 HCM 6th LOS A Page 410 Item 17. HCM 6th TWSC 101: Access 101 & Hibdon Court 05/23/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 7 Intersection Int Delay, s/veh 5.5 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 6 26 32 13 39 13 Future Vol, veh/h 6 26 32 13 39 13 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 7 28 35 14 42 14 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 35 0 105 21 Stage 1 - - - - 21 - Stage 2 - - - - 84 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 1576 - 893 1056 Stage 1 - - - - 1002 - Stage 2 - - - - 939 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 1576 - 873 1056 Mov Cap-2 Maneuver - - - - 873 - Stage 1 - - - - 1002 - Stage 2 - - - - 918 - Approach EB WB NB HCM Control Delay, s 0 5.2 9.2 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBT EBR WBL WBT Capacity (veh/h)913 - - 1576 - HCM Lane V/C Ratio 0.062 - - 0.022 - HCM Control Delay (s) 9.2 - - 7.3 0 HCM Lane LOS A - - A A HCM 95th %tile Q(veh) 0.2 - - 0.1 - Page 411 Item 17. HCM 6th TWSC 102: Mason St & Rescue Mission South Access 05/24/2023 2045 Bkgrd + Project - AM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 0.6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 2 5 36 53 3 Future Vol, veh/h 1 2 5 36 53 3 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 88 88 88 88 88 88 Heavy Vehicles, % 2 22222 Mvmt Flow 1 2 6 41 60 3 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 115 62 63 0 - 0 Stage 1 62 ----- Stage 2 53 ----- Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 881 1003 1540 - - - Stage 1 961 ----- Stage 2 970 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 877 1003 1540 - - - Mov Cap-2 Maneuver 877 ----- Stage 1 957 ----- Stage 2 970 ----- Approach EB NB SB HCM Control Delay, s 8.8 0.9 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h)1540 - 957 - - HCM Lane V/C Ratio 0.004 - 0.004 - - HCM Control Delay (s) 7.3 0 8.8 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0 - - Page 412 Item 17. HCM 6th TWSC 1: Mason St & Rescue Mission Access/Hibdon Court 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 5.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 6 6 60 454036350 Future Vol, veh/h 0 6 6 60 454036350 Conflicting Peds, #/hr 0 00000000000 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 75 75 75 58 58 58 44 44 44 Heavy Vehicles, % 2 2 2 11 11 11 2 2 2 10 10 10 Mvmt Flow 0 7 7 80 5770627110 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 76 101 11 77 70 31 11 0 0 62 0 0 Stage 1 25 25 - 45 45 ------- Stage 2 51 76 - 32 25 ------- Critical Hdwy 7.12 6.52 6.22 7.21 6.61 6.31 4.12 - - 4.2 - - Critical Hdwy Stg 1 6.12 5.52 - 6.21 5.61 ------- Critical Hdwy Stg 2 6.12 5.52 - 6.21 5.61 ------- Follow-up Hdwy 3.518 4.018 3.318 3.599 4.099 3.399 2.218 - - 2.29 - - Pot Cap-1 Maneuver 914 789 1070 891 804 1018 1608 - - 1491 - - Stage 1 993 874 - 947 840 ------- Stage 2 962 832 - 962 857 ------- Platoon blocked, % - - - - Mov Cap-1 Maneuver 897 781 1070 873 796 1018 1608 - - 1491 - - Mov Cap-2 Maneuver 897 781 - 873 796 ------- Stage 1 988 870 - 942 836 ------- Stage 2 945 828 - 944 853 ------- Approach EB WB NB SB HCM Control Delay, s 9 9.6 0.7 2.8 HCM LOS A A Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)1608 - - 903 877 1491 - - HCM Lane V/C Ratio 0.004 - - 0.014 0.105 0.005 - - HCM Control Delay (s) 7.2 0 - 9 9.6 7.4 0 - HCM Lane LOS A A -AAAA - HCM 95th %tile Q(veh) 0 - - 0 0.3 0 - - Page 413 Item 17. HCM 6th TWSC 2: North College Ave & Hibdon Court/Private Drive 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 2 Intersection Int Delay, s/veh 0.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 13 0 25 0 0 1 43 1282 0 3 996 40 Future Vol, veh/h 13 0 25 0 0 1 43 1282 0 3 996 40 Conflicting Peds, #/hr 0 00000704407 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - - None - - None - - None - - None Storage Length ------97----- Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 63 63 63 25 25 25 98 98 98 94 94 94 Heavy Vehicles, % 0 00000444555 Mvmt Flow 21 0 40 0 0 4 44 1308 0 3 1060 43 Major/Minor Minor2 Minor1 Major1 Major2 Conflicting Flow All 1837 2495 559 1936 2516 658 1110 0 0 1312 0 0 Stage 1 1095 1095 - 1400 1400 ------- Stage 2 742 1400 - 536 1116 ------- Critical Hdwy 7.5 6.5 6.9 7.5 6.5 6.9 4.18 - - 4.2 - - Critical Hdwy Stg 1 6.5 5.5 - 6.5 5.5 ------- Critical Hdwy Stg 2 6.5 5.5 - 6.5 5.5 ------- Follow-up Hdwy 3.5 4 3.3 3.5 4 3.3 2.24 - - 2.25 - - Pot Cap-1 Maneuver *163 *31 478 *118 *29 *555 613 - - *815 - - Stage 1 *231 *292 - *524 *458 ------- Stage 2 *524 *458 - *501 *285 ------- Platoon blocked, % 1 1 1 1 1 - - 1 - - Mov Cap-1 Maneuver *151 *28 475 *101 *26 *553 609 - - *812 - - Mov Cap-2 Maneuver *151 *28 - *101 *26 ------- Stage 1 *213 *287 - *484 *423 ------- Stage 2 *482 *423 - *455 *280 ------- Approach EB WB NB SB HCM Control Delay, s 21.8 11.6 0.4 0 HCM LOS C B Minor Lane/Major Mvmt NBL NBT NBREBLn1WBLn1 SBL SBT SBR Capacity (veh/h)609 - - 274 553 * 812 - - HCM Lane V/C Ratio 0.072 - - 0.22 0.007 0.004 - - HCM Control Delay (s) 11.4 - - 21.8 11.6 9.5 - - HCM Lane LOS B - - C B A - - HCM 95th %tile Q(veh) 0.2 - - 0.8 0 0 - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon Page 414 Item 17. HCM 6th TWSC 3: Hickory St & Mason St 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 3 Intersection Int Delay, s/veh 2.4 Movement EBL EBT WBT WBR SBL SBR Lane Configurations Traffic Vol, veh/h 4 200 170 36 64 5 Future Vol, veh/h 4 200 170 36 64 5 Conflicting Peds, #/hr 1 00110 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 93 93 87 87 65 65 Heavy Vehicles, % 2 22222 Mvmt Flow 4 215 195 41 98 8 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 237 0 - 0 441 217 Stage 1 - - - - 217 - Stage 2 - - - - 224 - Critical Hdwy 4.12 - - - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy 2.218 - - - 3.518 3.318 Pot Cap-1 Maneuver 1330 - - - 574 823 Stage 1 - - - - 819 - Stage 2 - - - - 813 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1329 - - - 571 822 Mov Cap-2 Maneuver - - - - 571 - Stage 1 - - - - 816 - Stage 2 - - - - 812 - Approach EB WB SB HCM Control Delay, s 0.2 0 12.5 HCM LOS B Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1 Capacity (veh/h)1329 - - - 584 HCM Lane V/C Ratio 0.003 - - - 0.182 HCM Control Delay (s) 7.7 0 - - 12.5 HCM Lane LOS A A - - B HCM 95th %tile Q(veh) 0 - - - 0.7 Page 415 Item 17. Timings 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 4 Lane Group EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)97 147 165 1273 965 66 Future Volume (vph)97 147 165 1273 965 66 Turn Type Prot Perm Perm NA NA Perm Protected Phases 4 2 6 Permitted Phases 4 2 6 Detector Phase 442266 Switch Phase Minimum Initial (s) 7.0 7.0 10.0 10.0 10.0 10.0 Minimum Split (s)25.5 25.5 24.5 24.5 24.5 24.5 Total Split (s)31.0 31.0 74.0 74.0 74.0 74.0 Total Split (%)29.5% 29.5% 70.5% 70.5% 70.5% 70.5% Yellow Time (s)3.5 3.5 4.5 4.5 4.5 4.5 All-Red Time (s)2.0 2.0 3.0 3.0 3.0 3.0 Lost Time Adjust (s) -1.0 0.0 -1.0 -1.0 -1.0 -1.0 Total Lost Time (s)4.5 5.5 6.5 6.5 6.5 6.5 Lead/Lag Lead-Lag Optimize? Recall Mode None None C-Max C-Max C-Max C-Max Intersection Summary Cycle Length: 105 Actuated Cycle Length: 105 Offset: 64 (61%), Referenced to phase 2:NBTL and 6:SBT, Start of Yellow Natural Cycle: 75 Control Type: Actuated-Coordinated Splits and Phases: 4: Hickory St & North College Ave Page 416 Item 17. Queues 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 5 Lane Group EBL EBR NBL NBT SBT SBR Lane Group Flow (vph) 121 184 170 1312 1049 72 v/c Ratio 0.51 0.61 0.48 0.50 0.40 0.06 Control Delay 49.0 24.3 11.5 6.2 5.3 1.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 49.0 24.3 11.5 6.2 5.3 1.7 Queue Length 50th (ft) 77 39 35 144 103 2 Queue Length 95th (ft) 110 79 113 252 182 15 Internal Link Dist (ft) 250 150 860 Turn Bay Length (ft)98 95 Base Capacity (vph) 442 473 352 2616 2591 1119 Starvation Cap Reductn 000000 Spillback Cap Reductn 000000 Storage Cap Reductn 000000 Reduced v/c Ratio 0.27 0.39 0.48 0.50 0.40 0.06 Intersection Summary Page 417 Item 17. HCM 6th Signalized Intersection Summary 4: Hickory St & North College Ave 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 97 147 165 1273 965 66 Future Volume (veh/h) 97 147 165 1273 965 66 Initial Q (Qb), veh 000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/ln 1856 1856 1826 1826 1811 1811 Adj Flow Rate, veh/h 121 184 170 1312 1049 72 Peak Hour Factor 0.80 0.80 0.97 0.97 0.92 0.92 Percent Heavy Veh, %335566 Cap, veh/h 265 221 379 2585 2564 1137 Arrive On Green 0.15 0.14 0.75 0.75 0.75 0.75 Sat Flow, veh/h 1767 1572 490 3561 3532 1526 Grp Volume(v), veh/h 121 184 170 1312 1049 72 Grp Sat Flow(s),veh/h/ln 1767 1572 490 1735 1721 1526 Q Serve(g_s), s 6.6 12.0 20.4 16.3 11.7 1.3 Cycle Q Clear(g_c), s 6.6 12.0 32.1 16.3 11.7 1.3 Prop In Lane 1.00 1.00 1.00 1.00 Lane Grp Cap(c), veh/h 265 221 379 2585 2564 1137 V/C Ratio(X) 0.46 0.83 0.45 0.51 0.41 0.06 Avail Cap(c_a), veh/h 446 382 379 2585 2564 1137 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 40.7 43.9 10.8 5.5 4.9 3.6 Incr Delay (d2), s/veh 1.2 7.9 3.8 0.7 0.5 0.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 3.0 5.2 2.4 5.0 3.2 0.3 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 41.9 51.9 14.6 6.2 5.4 3.7 LnGrp LOS D D BAAA Approach Vol, veh/h 305 1482 1121 Approach Delay, s/veh 47.9 7.2 5.3 Approach LOS D A A Timer - Assigned Phs 2 4 6 Phs Duration (G+Y+Rc), s 84.7 20.3 84.7 Change Period (Y+Rc), s 7.5 5.5 7.5 Max Green Setting (Gmax), s 66.5 25.5 66.5 Max Q Clear Time (g_c+I1), s 34.1 14.0 13.7 Green Ext Time (p_c), s 10.1 0.8 5.2 Intersection Summary HCM 6th Ctrl Delay 10.7 HCM 6th LOS B Page 418 Item 17. HCM 6th TWSC 101: Access 101 & Hibdon Court 05/23/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 7 Intersection Int Delay, s/veh 4.9 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 18 24 28 25 44 15 Future Vol, veh/h 18 24 28 25 44 15 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 20 26 30 27 48 16 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 46 0 120 33 Stage 1 - - - - 33 - Stage 2 - - - - 87 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 1562 - 876 1041 Stage 1 - - - - 989 - Stage 2 - - - - 936 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 1562 - 858 1041 Mov Cap-2 Maneuver - - - - 858 - Stage 1 - - - - 989 - Stage 2 - - - - 917 - Approach EB WB NB HCM Control Delay, s 0 3.9 9.3 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBT EBR WBL WBT Capacity (veh/h)898 - - 1562 - HCM Lane V/C Ratio 0.071 - - 0.019 - HCM Control Delay (s) 9.3 - - 7.4 0 HCM Lane LOS A - - A A HCM 95th %tile Q(veh) 0.2 - - 0.1 - Page 419 Item 17. HCM 6th TWSC 102: Mason St & Rescue Mission South Access 05/24/2023 2045 Bkgrd + Project - PM Peak Hour North College 1311 ODP Traffic Impact Study - Fort Collins, CO Synchro 11 Report Fox Tuttle Transportation Group Page 1 Intersection Int Delay, s/veh 0.4 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 2 2 1 43 65 1 Future Vol, veh/h 2 2 1 43 65 1 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 65 65 65 65 65 65 Heavy Vehicles, % 2 22222 Mvmt Flow 3 3 2 66 100 2 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 171 101 102 0 - 0 Stage 1 101 ----- Stage 2 70 ----- Critical Hdwy 6.42 6.22 4.12 - - - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 2.218 - - - Pot Cap-1 Maneuver 819 954 1490 - - - Stage 1 923 ----- Stage 2 953 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 818 954 1490 - - - Mov Cap-2 Maneuver 818 ----- Stage 1 922 ----- Stage 2 953 ----- Approach EB NB SB HCM Control Delay, s 9.1 0.2 0 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h)1490 - 881 - - HCM Lane V/C Ratio 0.001 - 0.007 - - HCM Control Delay (s) 7.4 0 9.1 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0 - - Page 420 Item 17. Staff Presentation to the Planning & Zoning Commission February 15, 2024 Page 421 Item 17. Planning and Zoning Commission Clark Mapes, City Planner Mason Street Infrastructure Overall Development Plan (ODP) 2-15-2024 Page 422 Item 17. 2Ubicación / Location I Hickory St. Mason Alignment Mason Street Infrastructure Overall Development Plan (ODP) Page 423 Item 17. Willox Ln. Mason Extension Page 424 Item 17. 4Property in the ODP Site Plan 4 •12 acres •2 parcels To N. College St . Existing 2 Parcels Proposed 3 Reconfigured Parcels Page 425 Item 17. 5ODP Site Plan 5 To N. College St . Page 426 Item 17. 6ODP Drainage Plan 6Hickory St. N. C o l l e g e Hibdon Ct. Page 427 Item 17. 7ODP Utility Plan Hickory St. N. C o l l e g e Hibdon Ct. Page 428 Item 17. 8ODP Criteria Land Use Code Subsections 2.3.2 (H)(1) and (3)-(6): (1)The ODP shall be consistent with the permitted uses and pertinent zone district standards in Article 4 and pertinent general development standards in Article 3 that can be applied at the level of detail required for an overall development plan submittal. (3) The ODP shall conform to the Master Street Plan requirements and street pattern/connectivity standards, and demonstrate how the development, when fully constructed, will meet the Transportation Level of Service Requirements in Section 3.6.4, with submittal of a Master Plan Level Transportation Impact Study (TIS). (4) The ODP shall provide for the location of transportation connections to adjoining properties in such manner as to ensure connectivity into and through the overall development plan site from neighboring properties for vehicular, pedestrian and bicycle movement. (5) The ODP shall show the general location and approximate size of all natural areas, habitats and features within its boundaries and shall indicate the applicant's proposed rough estimate of the natural area buffer zones as required pursuant to Section 3.4.1(E). (6) The plan shall be consistent with the appropriate Drainage Basin Master Plan. ~ paraphrased Page 429 Item 17. Planning and Zoning Commission Clark Mapes, City Planner Mason Street Infrastructure Overall Development Plan (ODP) 2-15-2024 Page 430 Item 17. Intercambio de la Tierra ------------------------ Land “Trade” Page 431 Item 17. Detención de aguas pluviales -------------------- Stormwater Detention Page 432 Item 17. Zonificación/ Zoning MH Zone Hickory St. N. C o l l e g e CS Zone Willox Ln. SITIO/SITE Bristlecone Dr. I Zone Hibdon Ct. Page 433 Item 17. North College Corridor Plan Framework Plan 2006 Page 434 Item 17. North College Corridor Plan Framework Plan 2006 Page 435 Item 17. Applicant Presentation to Planning & Zoning Commission February 15, 2024 Page 436 Item 17. +JGWZFW^ 5WJXJSYFYNTSYNYQJ5FLJ 51&33.3, ?43.3,(422.88.43 +*'7:&7>9- MMASON STR EET OVERALL DEVELOPMENT PL AN Page 437 Item 17. +JGWZFW^ 5WJXJSYFYNTSYNYQJ5FLJ 5ZWUTXJTKYMJ4)5 8NYJ(TSYJ]Y 5WTUTXJI4)5 1FSI:XJ(TIJ(WNYJWNF Ѱ &UUJSINHJX (TSYJSYXFLJSIF Page 438 Item 17. +JGWZFW^ 5WJXJSYFYNTSYNYQJ5FLJ 1:( ' 5ZWUTXJFSI*KKJHY 9MJUZWUTXJTKYMJT[JWFQQIJ[JQTURJSYUQFSNXYT JXYFGQNXMLJSJWFQ UQFSSNSLFSIIJ[JQTURJSYHTSYWTQUFWFRJYJWXKTWUWTOJHYXYMFY\NQQGJ IJ[JQTUJINSUMFXJX\NYMRZQYNUQJXZGRNYYFQX\MNQJFQQT\NSLXZKKNHNJSY KQJ]NGNQNY^YTUJWRNYIJYFNQJIUQFSSNSLNSXZGXJVZJSYXZGRNYYFQX &UUWT[FQ TKFST[JWFQQIJ[JQTURJSYUQFSITJXSTYJXYFGQNXMFS^[JXYJIWNLMYYT IJ[JQTUUWTUJWY^NSFHHTWIFSHJ\NYMYMJUQFS <M^FS4[JWFQQ)J[JQTURJSY5QFS 4)5$ Page 439 Item 17. +JGWZFW^ 5WJXJSYFYNTSYNYQJ5FLJ sdf 8NYJ(TSYJ]Y 3  ( 4 1 1 * , *  & ; * 3 8 - . * 1 ) 8  8 9 <<.114=13 *;.3*)7 8.9* 3 1 * 2 & >  & ; * 3479- (411*,*(477.)47 '4:3)&7> -.(047>89 Page 440 Item 17. +JGWZFW^ 5WJXJSYFYNTSYNYQJ5FLJ 8NYJ?TSNSL 123 :* 8.9* :* *(1 7( ((3 ((3 123 123 123 123 123 71 71 71 123 71 . 223 223 9 . 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Page 462 Item 17. +JGWZFW^5WJXJSYFYNTSYNYQJ5FLJ (WNYJWNF &55*3).=. Page 463 Item 17. Planning and Zoning Commission Roll Call Attendance Sign in Sheet February 15, 2024 Page 464 Item 17. Page 465 Item 17. Page 466 Item 17. Page 467 Item 17. Verbatim Transcript Planning & Zoning Commission February 15, 2024 Page 468 Item 17. CITY OF FORT COLLINS Planning and Zoning Commission Held February 15, 2024 Council Chambers, 300 Laporte Avenue, Fort Collins, Colorado In the Matter of: Mason Street Infrastructure Overall Development Plan Meeting Time: 6:00 PM, February 15, 2024 Board Members Present: Staff Members Present: David Katz, Chair Paul Sizemore Julie Stackhouse, Vice Chair Clay Frickey Adam Sass Shar Manno Samantha Stegner (Recused) Katie Claypool Ted Shepard Clark Mapes York Ryan Mounce Steve Gilchrist Matt Simpson Em Myler Page 469 Item 17. 2 CHAIR DAVID KATZ: Next agenda item…that one is Clark too. This is the North Mason ODP. 1 CLARK MAPES: Alright, there it is. 2 CHAIR KATZ: Alright, Clark, before we get started, I think Sam has to disclose… 3 COMMISSIONER SAMANTHA STEGNER: I have a conflict of interest on this one and so I am 4 going to sit out of this one and the future ODPs of the shelter…or PDPs, when they come, because of my 5 volunteer work in those mobile home communities. 6 CHAIR KATZ: And while Sam is exiting, I will look to Shar and ask Shar if there’s any new 7 information. Did we receive anything new? 8 SHAR MANNO: No, we have not received any new information. 9 CHAIR KATZ: Alright, Clark, overview when you’re prepared. 10 CLARK MAPES: Alright, thanks. This Mason Street Infrastructure Overall Development Plan, 11 we’re going to be using the term ODP, is a general master plan for infrastructure…let’s go ahead and look 12 at the location. So, see the location here. This is north of Hickory Street down here, and at the west end 13 of a little one block long street called Hibdon Court, back behind the College Avenue commercial 14 frontage on the west side of College Avenue. There’s an access drive built fairly recently, 2016, here, 15 that runs along kind of an alley-like access drive in an access easement that is now getting set to become 16 the alignment of an actual new North Mason Street. 17 This kind of master plan, called an ODP, is based on the idea that ODPs show general parameters 18 for development that would follow in multiple phases over time. The private property owner who is 19 proposing this infrastructure plan does have a goal to provide for the proposed homeless shelter that 20 would go on some of this property. But, this hearing tonight is not about the shelter…I think that’s clear 21 now to everybody. The plans for the infrastructure here are submitted separately and they are proceeding 22 independently, and the ODP here does not indicate any land use, shelter or otherwise. The owner’s idea, 23 as staff understands it, is that even if the homeless shelter does not happen, the owner still wanted to 24 know how the land could be developable for any type of land use. And likewise, a goal for the City, who 25 is one of the owners of the land in question…there are two land owners on this land…the City would also 26 like to know and confirm how regional stormwater flows could be accommodated now and in the long-27 term future, and also the City would like to know how Mason Street can be retrofitted back in there. I’ll 28 be saying more…about thirty years of planning that has specifically called for this infrastructure and 29 specifically described the difficulties of retrofitting it back in here across multiple properties and some 30 existing development, a lot of ad hoc development from earlier in the 1900’s and through kind of the mid-31 century, 1900’s. 32 So, anyway, this ODP is just three pages that show alignments for drainage, a street, pipes, and 33 electric lines. A detailed development plan for this infrastructure would follow the ODP, and that would 34 be hundreds of pages, hundreds of plan sheets, for the design and construction of the infrastructure. And 35 then, the homeless shelter, if it continues to proceed forward, would go to a hearing after that. Assuming 36 the homeless shelter proceeds to a hearing, there will be a notification for that and that would be the time 37 for anyone to speak to P and Z about that, and also anyone can contact staff at any time with any thoughts 38 or questions, and those would be included in a P and Z package for the homeless shelter when the time 39 comes, if that’s okay with the person who gives the comments or questions. And, there’s some details 40 about how to contact our person, Em Myler, but if anyone has any questions, we can get to that later. 41 Page 470 Item 17. 3 Again, I mentioned about thirty years talking about the need for circulator streets in addition to 1 the highway, and those needs have been shown in adopted plan documents: the 1995 North College 2 Corridor Plan, a 2000 joint access control plan for North College Avenue itself, U.S. Highway 287, State 3 Highway 14, jointly adopted by the Colorado Department of Transportation and the City, that also 4 highlighted the need for this kind of circulator street, and then a 2005 update of the North College 5 Corridor Plan which very specifically describes in detail the need for this drainage and this kind of a street 6 connection. 7 There are, again, two parcels of land involved in this ODP; it comprises two parcels, one owned 8 by the City for several years now for a stormwater drainage system in the area, and the other owned by a 9 private owner. The ODP shows how these two parcels would be reconfigured in a land transaction 10 between those owners, and that reconfiguration is based on allowing for the proposed infrastructure. That 11 infrastructure is a regional stormwater detention pond, upgrading that access drive to become a segment 12 of Mason Street, and then all the underground utilities that go along with the street, water, sewer, electric. 13 This is the basic site plan from the three sheets in the ODP, then the ODP includes a sheet that shows the 14 parameters for drainage in kind of reshaped land forms. Drainage is an especially fundamental issue with 15 this land which was formerly the floodway for Dry Creek, which before settlement of this whole part of 16 Colorado was a significant tributary to the Poudre River. There’s a little remnant of Dry Creek left , it 17 happens to run across these two parcels of land, so that has a lot to do with the need for drainage. It’s 18 low-lying, flat land, and there’s been, again, years of planning, designed by the Utilities Department 19 coming up with stormwater master planning for the whole regional detention system and drainage system 20 that never was included in early ad hoc development along the whole North College corridor, much of it 21 outside of City limits. And the development that did happen within City limits happened before there was 22 any such thing as a Planning Department or anything like that…Stormwater Department, et cetera. 23 And then, finally, the third sheet shows utilities. And again, it’s more alignments, and again, 24 this…a sheet like this will probably lead to fifty pages of design and construction drawings in the next 25 iteration which will be an actual development plan for this infrastructure which is shown in this ODP. 26 The criteria for ODPs are pretty limited and simple and straightforward, consistent with the zone district 27 standards. And again, this ODP doesn’t even refer to use, but to the extent that the use could potentially 28 be a homeless shelter, a homeless shelter actually is permitted in the zone district. And again, some 29 ODPs do indicate land uses; this one doesn’t. This is just for the infrastructure, and then land uses come 30 later. 31 The ODP has to conform to the Master Street Plan requirements and street pattern connectivity 32 requirements, and this ODP just precisely implements longstanding provisions in the Master Street Plan 33 identifying the need for this kind of a connection. It has to provide for the location of transportation 34 connections to adjoining properties, and ensure…let me see…connectivity into and through the 35 development plan. Anyway, that access drive already does provide transportation connections to 36 adjoining properties, although, you know, in the case of the newly developable parcel that is created in 37 this, the plan does show these transportation connections both for vehicle access and pedestrian access. 38 And then the ODP has to show the general location and approximate size of natural areas and habitats and 39 features, and indicate a proposed rough estimate of natural habitat buffer zones, and this ODP does do 40 that. Again, here’s the site plan. The natural feature is Dry Creek…it’s outlined in kind of a darker green 41 line. And then this hatched area is just that, it is a rough estimate of a natural habitat buffer zone that 42 would be required under the Land Use Code, and there’s a note on the ODP, and the legend for the ODP 43 explains how the subsequent later specific development plan for the infrastructure will need to comply 44 Page 471 Item 17. 4 with Land Use Code provisions to allow for how to apply this kind of habitat buffer zone. And, there’s 1 not much else to this, so I’ll stop there and see if we have any questions. 2 CHAIR KATZ: Thank you, Clark. This is a joint project…go ahead, Clay. 3 CLAY FRICKEY: And I might add, too, just for the Commission, and just for anybody 4 listening…Clay Frickey, Planning Manager…Clark mentioned that this is one of three projects that is 5 associated with the proposed Rescue Mission relocation to North College, and just wanted to clarify, too, 6 that the subsequent hearings that Clark was talking about related to the specific infrastructure plan and the 7 shelter itself, those are not scheduled yet, but if you received a letter for this particular hearing, you will 8 get a letter notifying you of those hearings so that way you will know when the right time is to come 9 share your concerns about the shelter itself. So, just wanted to make that abundantly clear for anybody 10 listening in the audience. So, thank you for that, Chairman Katz. 11 CHAIR KATZ: Thank you for the clarification. You know, this is a joint project with City and a 12 private landowner. Judging by the body language over here, and Ripley Designs being listed as an 13 applicant, I assume there’s a presentation. 14 KLARA ROSSOUW: Let me get my screen share going. Alright, thank you staff, and good 15 evening Commissioners. I also want to take a quick moment to thank you for clarifying some of 16 those…sort of the intent behind the application, and educating us a little bit more about what process we 17 are in and how that might be separate to some future submittals that you will see come across your desks. 18 My name is Klara Rossouw; I am here with Ripley Design representing the applicant for the Mason Street 19 ODP. Also from the design team we have Blaine Matthison of Northern Engineering, Andy Reese of 20 Kimley-Horn, and Russ Lee, also with Ripley Design. We are happy to be here tonight and hopefully we 21 can answer all the questions you have. 22 So, to help guide our conversation tonight…I just wanted to structure the presentation a little bit 23 and make sure we hit on all the key points we heard at work session last Friday. So, we’ll begin with 24 discussing the purpose of the overall…ODP…what it is, go over site context, look at the proposed ODP, 25 or the overall development plan, and then ground it in the land use criteria, and we’ll review each criteria 26 on its own, and tell you guys how we comply. And then we have a bunch of appendices in the back so if 27 you have any questions. 28 So, really the question is why do we need an overall development plan? And in order to 29 understand why it is needed, we look to the purpose statement as it is taken directly from the Land Use 30 Code, Section 2.1.3. So, the purpose of the overall development plan is to establish general planning and 31 development control parameters for projects that will be developed in phases with multiple submittals 32 while allowing sufficient flexibility to permit detailed planning and subsequent submittals. So, in simpler 33 terms, the ODP is a map that guides how future development happens, and it allows it to happen at…and 34 be developed at different times. 35 Clark already did a good job of covering site context, so I’ll keep this kind of brief, but our site is 36 located in the North College corridor; we are west of College Avenue and north of Hickory Street. It’s 37 also worth mentioning that it is located within the North College Corridor Plan boundary. From a zoning 38 perspective, it is currently zoned Commercial Service District. It is surrounded by the same zone district 39 on the north, the east, and the south, and then the western boundary buts up on Low-Density Mixed-Use 40 Neighborhood. Zoom up on the site just a little bit…as you can see, except for that access drive, which is 41 the future Mason Street, it is undeveloped. There is a remnant of the Dry Creek habitat feature that runs 42 Page 472 Item 17. 5 and kind of bisects the site going east-west. And then we have our Hickory Village folks and community 1 to the west as well as the railway that’s kind of diagonal on your screen there. 2 The proposed Mason Street ODP is divided into three different parcels, so parcel one and two are 3 to the west of the future Mason Street alignment, and parcel three is located to the east of Mason Street 4 and to the south of Hibdon Court. Much of the layout of the ODP is driven by the future City of Fort 5 Collins regional detention facility which will come online and be constructed on parcel one, and then of 6 course the alignment of Mason Street drives the overall layout. Also included on the ODP is…we’re 7 acknowledging the Dry Creek remnant that exists on site and we’re proposing…not proposing, but we’re 8 estimating roughly what that buffer area could look like on that. In addition, vehicular and pedestrian 9 access points are approximated. 10 Okay, so now we get into the actual ODP criteria, and Clark, you’ve already covered most of 11 these, but I think it’s worth just touching on each one again. They’re up on your screen here; there are 12 seven of them, and I’ll continue to go through each one. Okay, so ODP criteria one states that the plan 13 shall be consistent with the permitted uses and applicable zoning district standards in Article 4 and 14 general standards of Article 3. Now, this is paraphrased, so whatever is in italics is kind of paraphrased 15 from the Code. We acknowledge that any subsequent PDP application that comes online within the ODP 16 boundary shall be subject to the development review process, that means the zoning district standards of 17 Article 4 would apply, and so would the general development standards of Article 3. 18 The second criteria states that the plan shall be consistent with the required density range for 19 residential uses for the applicable zoning district. While the ODP doesn’t identify specific uses, if a 20 future PDP were to come in, it would still need to comply with Article 3 and 4. And I also wanted to note 21 here that CS is the existing zoning and we’re not proposing any changes to the zoning. 22 Criteria three asks that the plan shall conform to the Master Street Plan. The snippet up on your 23 screen there is a zoomed up version on the Master Street Plan and you can see Mason Street runs north-24 south through the site, and it is identified as a two-lane collector, and it is called out as such on the ODP. 25 Criteria four asks that the ODP shall provide transportation connections to adjoining properties to 26 ensure connectivity. Each of the parcels have adequate access to Mason Street and the access is provided 27 in such a way that no development shall preclude another from gaining access to the public street. And 28 then also, once Mason Street and Hibdon Court are designed, there would be a series of detached walks, 29 so you’re getting that full picture pedestrian connectivity. 30 ODP criteria five asks that the natural features be delineated and a rough estimate of the buffer 31 area be proposed. We already mentioned the Dry Creek remnant that’s on the plans. On your screen 32 here, it’s in red, and that’s kind of the top of bank delineation, and then the massing in green you see there 33 is the hundred-foot buffer that we’re assuming. It’s worth noting here that if a project were to…or a 34 subsequent PDP would come online in parcel two, for example, they would evaluate and mitigate, or 35 adjust, to that buffer at that time. 36 Criteria six requests that the ODP be consistent with the appropriate drainage basin master plan. 37 Our site is located within the Dry Creek Master Drainage Basin…that’s kind of a tongue twister. It shall 38 comply with the required release rates, and it also begins to address facilities that were identified in the 39 North College Infrastructure Funding Project, so one of them being that regional detention facility that I 40 mentioned for parcel one. We’re also providing drainage corridors for future storm pipes. 41 Page 473 Item 17. 6 And the last criteria asks that the standards related to housing density and mix of uses shall apply 1 over the entire ODP. Again, you know, we’re not proposing specific uses with this overall development 2 plan, but if something were to come online, it would have to be in compliance with Article 4 and Article 3 3 which are the zoning and general development standards. Housing standards in Article 3 and 4 shall also 4 apply over the entire plan, not just the parcel. 5 So, that’s all seven criteria. In kind of concluding the presentation, relatively short presentation, 6 this land use application only pertains to the ODP. We understand there is energy around this area and 7 there will be opportunity for public comment on other development proposals that come online. This 8 ODP provides framework by which multiple parcels within this property shall develop, and it also allows 9 them to happen at different times. The ODP complies with all seven criteria listed in the Land Use Code, 10 and then, again, site specific parameters shall be reviewed against Articles 3 and 4 of the Code with 11 subsequent applications. And that brings us to the end of our piece. Thank you all. 12 CHAIR KATZ: Thank you so much. Clark, do you need to do a detailed analysis on this, or do 13 you feel like your introduction was…? 14 CLARK MAPES: I don’t have anything else, thanks. 15 CHAIR KATZ: Okay, thank you. Before we move into clarifying questions, both Clark and 16 Klara have emphasized that this is the ODP. I know I sound like a broken record; it’s very difficult to silo 17 this since we all kind of know what’s potentially coming to develop here. Klara put it well and said 18 ‘there’s energy around it;’ I thought that was put very well. But, try to bear with us. This is a framework 19 for future development, and we have to keep it as general that this is street alignment, this is plumbing, 20 drainage, detention, delineation of natural features. So, I know it’s difficult…there’s a lot of emotion 21 around this, but let’s…we’re going to do our best on the Commission to silo that and focus on the ODP. 22 So, with that, who has a clarifying question? 23 COMMISSIONER YORK: Yeah, I had a question on the drainage feature there. Looking at the 24 map on page 384 of our packet, if I remember right. It was showing, I think it was contour lines, and I 25 couldn’t tell how far apart those were…what the elevation difference is from the low part of the drainage 26 area to the top part. And so I was wondering if I could just get real quick. 27 ANDY REESE: Yeah, my name is Andy Resse with Kimley-Horn. It’s approximately five feet 28 deep from the top of the pond to the bottom…those are one-foot contours that you’re seeing. 29 COMMISSIONER YORK: Okay, thank you. 30 CHAIR KATZ: Go ahead, Adam. 31 COMMISSIONER ADAM SASS: I have a couple. I think I’m going to start with a pretty simple 32 one. I need a little back story, and this may be a Clay question potentially, maybe Clark. The North 33 College stormwater improvements that were part of that 2004, or 2010 I think is when I read we had a 34 North Fort Collins urban renewal…that’s it…the urban renewal plan. There was supposed to be a 35 significant amount of stormwater improvements on the west side of College. How does this ODP further 36 that view, or does that have any impact on that framework that was set in motion, that ball that was sent 37 rolling down in 2010 to help renew the west side of College. Does this ODP continue or further that 38 plan? And I mention you because I’m pretty sure you were heading, or at least speaking for that group? 39 CLAY FRICKEY: Commissioner Sass…that was my previous role at the City was managing the 40 Urban Renewal Authority. But, Clark was also heavily involved with setting up the North College Urban 41 Page 474 Item 17. 7 Renewal Plan when it was created back in the early 2000’s, so between the two of us, we’ll answer your 1 question. So, Commissioner Sass, the regional detention pond that’s identified here is the regional 2 detention pond that was identified in the infrastructure improvement plan in 2010, and so this is one of the 3 last remaining big ticket items that the Urban Renewal Authority highlighted in terms of infrastructure 4 deficiencies to fund in the North College area. And at the time, there were two big regional detention 5 facilities identified, one is the Northeast College Corridor outfall which is just south of the old Aspen 6 Heights student housing project that provides an outfall for the east side of the College corridor. We’ve 7 long known that there was no outfall on the west side of the North College corridor, so this will be the 8 first pond that would collect regional detention and then discharge it down to the Poudre River eventually. 9 There’s going to be another pond or two closer to the Poudre River to provide an outfall for properties 10 south of Hickory. So, this is part of that system and would help create a portion of that system identified 11 in that infrastructure plan. 12 COMMISSIONER SASS: Thank you. I bring that up because, if you don’t understand the back 13 story for why things are getting developed the way that they are, I think it’s important that everybody 14 listening knows that this is part of a plan that was set in motion in the early 2000’s and this is furthering 15 that vision for North College. 16 This one may be a little bit, I guess…can I ask my second question? Alright…a little more 17 outside the box, or potentially a little more reaching. The North College Corridor Plan that I read 18 identified several issues that needed to be addressed, and one of them was the Hickory and Conifer 19 intersections. And, I’m not sure one hundred percent this ODP is addressing anything with that, but 20 potentially increasing traffic in this area seems like it would not be addressing that potentially. Is there 21 something we are doing, or should be doing? Because an ODP that’s going to allow for more 22 development to happen I think, before we…we’re getting the cart in front of the horse, right? 23 STEVE GILCHRIST: Good evening Commissioners, Steve Gilchrist with Traffic Operations. I 24 would have to look and see what the actual improvements are required at Conifer and Hickory. We 25 required a traffic study for this development of the ODP to look at the, basically development of this 26 small portion of Mason, so to speak, the easement that is there, and the extension to Hibdon Court, which 27 is within this development. The overall development of the possible Conifer and Hickory intersection is 28 definitely one we can review, you know, based on the actual traffic that’s going to be knowing that these 29 uses, you know, within this traffic study, they did kind of outline the potential use of the Rescue Mission 30 and a daycare. That’s not guaranteed, and so it’s one of those, with any ODP, we kind of want to look at 31 the traffic and understand what’s projected, but we’re really not looking at the bigger intersections at this 32 point, you know, just based on that level of traffic. 33 COMMISSIONER SASS: Great, I would ask then that prior to additional ones, we have a good 34 understanding of what the reason was that that intersection was identified as a major issue in the North 35 College Corridor Plan, and is still two signalized T’s a hundred and fifty feet apart. 36 STEVE GILCHRIST: And I imagine that’s the big part of it is the two signalized intersections 37 that close together, and the alignment of those. Within a typical traffic study, that’s not going to probably 38 allow for them to require that full improvement. I mean that’s a bigger improvement that probably 39 requires significant right-of-way acquisition. So, it’s one we can definitely have evaluated and looked at, 40 and we will definitely in any subsequent submittals, you know, look at that. 41 CLARK MAPES: Can I chime in, and you might want to comment on what I’m going to say. 42 The staff report notes that the traffic study, even though it’s assuming some land uses just so that it can do 43 something with some numbers, concludes that the traffic generated here would have little to no impact on 44 Page 475 Item 17. 8 the intersections that were studied, and that unless there is some unusual high level of development in the 1 future, that this collector street in its classification would actually function as a local street. So, it sounds 2 like…well, anyway, that’s what the TIS…that’s what the traffic study says. Steve, do you want to…? 3 STEVE GILCHRIST: And that’s correct, that’s where within this traffic study, it’s a little 4 different because it’s mainly infrastructure. There isn’t…we’ve had them include what’s projected with 5 the Rescue Mission and the daycare, but honestly, that’s not a guarantee. Those volumes could change. 6 And with the subsequent PDPs that come in, if they decide to relocate the Rescue Mission to somewhere 7 else, we’ll reevaluate that traffic study and anticipated trips, and if needed, if there’s something projected 8 that’s going to possibly increase the volume of traffic on that collector street, we can have them add 9 additional infrastructure needs or evaluations. 10 CLARK MAPES: And then there’s something else I’ve got to add. The plan that you’re looking 11 at, that you’re citing, the 2006 plan, that’s a plan that was showing a different scenario that was on the 12 books in the Master Street Plan for a long time, and that was to realign Conifer Street, demolish the 13 Palomino Motel which is at the corner of Conifer and College…so the plan always showed a long-term 14 vision for realigning Conifer Street to go up and meet Hickory so that there would be only one 15 intersection at College Avenue. That was on the books for years; it was looked at multiple times. And as 16 a follow-up to that 2006 plan calling for more attention and studies to that, some detailed engineering 17 studies led to a conclusion that it would be acceptable to create the two signals, add the turn lanes, 18 medians, et cetera, to make the intersections work the way that they are even though it’s unusual and not 19 ideal. But, in the spirit of the whole North College Plan, which is to adapt city-wide standards to the 20 unique conditions and the difficulty of retrofitting. So, Steve, anything to add to that? 21 STEVE GILCHRIST: Just to chime in, too, there have been some improvements at Conifer and 22 Hickory with the turn lanes. We’ve separated those out. There used to be kind of a mixed use in between 23 the two intersections where the left turners kind of combined together. They’ve kind of separated those 24 out now with the widening of that, so there have been some improvements, but not the full extent of 25 what’s really required. 26 COMMISSIONER SASS: Great, and I guess my intention with asking was not to put on blast 27 that we haven’t done anything; my intention was that we are moving toward what we laid out in 2004, or 28 2006, with our North College Corridor Plan, and those are being addressed as the areas around the 29 identified areas such as the stormwater detention pond…this intersection has had improvements made to 30 it to identify those problems. That was my intention with asking that question, so thank you for clarifying 31 it. Like I said, I think some of the people that have been here for a long time…they’ve seen a lot of 32 change, and change is hard. And, we are still moving in the direction that was shown, so thanks for 33 clarifying that. I know you guys have worked hard on that North College area, so seeing it come to life is 34 fun. 35 CHAIR KATZ: Thanks, Adam. Is there a scenario that the detention pond is built, 36 constructed…if any development on these combined sites was stalled or didn’t happen? It seems like the 37 region needs it, and the City owns land there. Is there a situation where that actually happens exclusive to 38 a development? 39 CLAY FRICKEY: Yeah, Chairman Katz, there is a scenario where that happens since the 40 regional detention facility is separate from any development project. You know, the issue is…is the case 41 in pretty much any other larger infrastructure project is just getting the funding set aside for those 42 projects. And we have some stormwater engineers on the line if I misspeak or if they want to clarify a 43 little bit further. But like our traffic system, Stormwater has to go through an exercise of prioritizing all 44 Page 476 Item 17. 9 of their projects, and this is just one of many projects that is on Stormwater’s radar. And so, you know, it 1 has to reach a certain priority level before getting funding. The other thing that I would note in the past is 2 that the Urban Renewal Authority has funded a portion of the design of the regional detention facility, and 3 that’s another potential funding source for constructing the regional detention pond, and that would also, 4 too, happen independently of development of any of these sites. And so, with that, I see Matt Simpson 5 from the Stormwater Utility has come on camera, so I’ll let him speak a little bit further if you’d like. 6 CHAIR KATZ: Matt, whenever you’re ready; thanks for jumping on. 7 MATT SIMPSON: Thanks Clay, thanks Commission members, can you guys hear me okay? 8 CHAIR KATZ: Yes. 9 MATT SIMPSON: Great. Clay is generally correct. This area west of College, we call it the 10 North College Drainage Improvement District…it’s just a term we’ve given for the drainage west of 11 College north of the Poudre River. We’ve studied this about two times in the last twenty years. And then 12 the current plans are really in a capital projects program that are looking at the construction of 13 infrastructure from a stormwater perspective from the Poudre River north to three different independent 14 ponds that are in series of each other with pipes linking them. Up until the activity here north of Hickory, 15 the portions south of Hickory were identified kind of as a phase one, and then north of Hickory is phase 16 two. So, with funding, kind of looking at that order of development from the outfall of the Poudre River 17 north up…you know all the way up to the Hickory pond. This is kind of changing a little bit of priorities 18 on our end, and we’ve actually put into a budget offer for ‘25 and ’26 the potential to look at bringing this 19 pond online sooner than that with some details of kind of how some infrastructure would work out. Does 20 that answer your question or would you like a little more detail or other clarifications? 21 CHAIR KATZ: That answers it, and it’s very helpful. Thank you so much for jumping on, Matt. 22 MATT SIMPSON: You’re welcome, let me know if you have any other questions. 23 CLARK MAPES: Can I ask Matt to perhaps chime in and clarify one aspect of this? My 24 perception, my understanding of this, is that this is kind of an opportunity for the developer of the 25 infrastructure to do an initial, not phase, but you know, to start to actually create a portion of this regional 26 detention pond. The City may still come in later and actually make it even deeper and do some more 27 work, but I was thinking, Matt, am I right, that there is the capital improvement planning based on what 28 was known before this opportunity came up, but is this an opportunity that’s kind of being captured by the 29 City with this stormwater feature? 30 MATT SIMPSON: Yes, Clark, you’re exactly correct. The infrastructure project would excavate 31 out a large portion of the future City Hickory pond, which is a huge advantage to the Stormwater Utility 32 that that earth work would be done by the developer; however, this is not going to be an ultimate 33 condition. The developer is going to leave this at an interim condition that is a significant improvement 34 to all in this area as far as storm drainage and flood protection; however, an ultimate City capital project is 35 still being formulated for this area. This detention basin will go through an outreach process to solicit 36 input from the community as far as what amenities the community will want in the ultimate pond as far as 37 passive, active recreation within the Hickory pond. Did I answer your question? I can go into more 38 detail, Clark, if you’d like. 39 CLARK MAPES: Thanks, no, that’s good for me. 40 Page 477 Item 17. 10 CHAIR KATZ: Thank you both, I learned a lot. Imagine that, developer is putting in 1 infrastructure that benefits the City. 2 COMMISSIONER TED SHEPARD: Steve, will the future signalization of Suniga and College 3 take pressure off the Conifer intersection with College? 4 STEVE GILCHRIST: I don’t have a full detailed analysis, but we do kind of project that. You 5 know, Suniga as it develops even further to the east of Lemay is projected to carry the larger bulk of the 6 traffic in this area as the major arterial east-west. So, we’re hoping its going to take some of that pressure 7 off Conifer, which is a collector, and also off Vine, which is another minor arterial to the south. So, yeah, 8 we’re projecting that, we just don’t have any detailed analysis on it. 9 COMMISSIONER SHEPARD: And while you’re there, can you tell me, will the roadway 10 classification for Hibdon Court change? 11 STEVE GILCHRIST: No, it’s still just a local street. Mason is a collector and it will remain a 12 collector as well. 13 COMMISSIONER SHEPARD: And Hibdon and College is right in, right out? 14 STEVE GILCHRIST: I don’t… 15 CLARK MAPES: I think there’s a median. 16 STEVE GILCHRIST: I’d have to verify that. 17 COMMISSIONER SHEPARD: Would we ever expect that to be modified in any way do you 18 think? 19 STEVE GILCHRIST: So within the North College enhanced travel corridor, they are looking at 20 possible locations where pedestrian improvements might be needed, especially with the transit facilities 21 that are going to be across here. So, it’s one that, yeah, there’s possibilities of needing some 22 improvements, but I can’t guarantee it’s going to be at Hibdon. If you look at the Master Street Plan now, 23 Mason goes north of Hibdon and turns back out to College, so there’s potential need there, it just hasn’t 24 been fully determined yet within that plan. 25 COMMISSIONER SHEPARD: It’s been a while since I’ve been on Hibdon. Will it need to be 26 upgraded at some point, perhaps with a future development project? 27 STEVE GILCHRIST: I would imagine it could remain a local street, and that’s one, if there is 28 future development, we can look at the volumes and…especially, there’s a proposed daycare, so to speak, 29 on the south side. If the north side develops, we can look at that as well. 30 COMMISSIONER SHEPARD: But it might need to have a widened sidewalk, or a bike lane, or 31 something like that? You’d look at all that? 32 STEVE GILCHRIST: If it remains a local, it would more than likely not require a bike lane. 33 Widened sidewalks, yes, adjacent frontage improvements, yes, we would look at that. 34 COMMISSIONER SHEPARD: Great, thank you. 35 CHAIR KATZ: Any other clarifying questions for staff or the other applicant? Great, at this time 36 we’ll open it up for public comment. Again, let’s focus on the infrastructure ODP. Who in the Chamber 37 Page 478 Item 17. 11 would like to speak to the Commission this evening? Quick show of hands? We have one. Okay, come 1 on up. Please state your name and address for the record, and you will have three minutes, sir. 2 CHARLIE MESSERLIAN: Name is Charlie Messerlian, 700 North College. I’ve been there 3 selling trucks for the last thirty-five years, and I’ve built 65,000 feet of warehouse space on Hickory 4 Street. So, one question is, if these are local streets, Mason and Hibdon, and this homeless thing didn’t go 5 through but they wanted to put up a…I’m trying to think ahead here…if they wanted to put, instead of 6 this homeless, they want to put up some kind of low-income high-density housing, would a local 7 classified street accommodate that? That’s one question. Another question is, would this…is it going to 8 be required…before you consider this homeless thing, is it going to be required that Hibdon and Mason 9 and all the infrastructure, drainage and so forth, is that going to have to be approved and built, or…at 10 what level before you consider another proposal for the land? 11 CHAIR KATZ: And we’ll let staff answer all these when you’re done, so keep going. 12 CHARLIE MESSERLIAN: I had some other ones; I can’t think of it. Okay now, if they build 13 this thing…this proposal seems kind of…it doesn't seem all that defined right now, but would you require 14 it to be defined to the extent that they could, instead of building this homeless thing which nobody wants, 15 and its going to have all kinds of legal and publicity type challenges, which I don’t think 16 anybody…you’re not going to ever overcome it. Are you going to require those improvements to be to 17 the level where you can put up some multi-family, low-income type housing, which I think everybody 18 would be behind that. 19 CHAIR KATZ: Yeah, staff…just keep going and they’ll have an opportunity to answer all your 20 questions. 21 CHARLIE MESSERLIAN: I can’t think of any more questions. 22 CHAIR KATZ: Okay…and a lot of that is zoning… 23 CHARLIE MESSERLIAN: …more in the future, but I can’t right now. 24 CHAIR KATZ: Well, I appreciate the questions. First, we’re going to go online and see if there’s 25 anyone else that wants to comment, and we’ll let the applicant and staff answer you, so please stick 26 around. Real quick, anyone else in the Chamber like to address the Commission. Anyone online, Shar, 27 or via phone? 28 SHAR MANNO: We do not have any raised hands. 29 CHAIR KATZ: Okay, with that we will close public comment. We will turn it over to…I think 30 normally we would go to the applicant first, but I think this one might be more staff appropriate, so if 31 Clark or Clay would like to respond to Charlie’s questions. 32 CLAY FRICKEY: Just real quick, I did see a hand come up online. 33 CHAIR KATZ: They still there, Shar? 34 SHAR MANNO: Yes, it is Dave, and if he gives me one moment, I will allow him to talk. 35 Alright, he should be all set. 36 CHAIR KATZ: Alright, Dave, three minutes, please state your name and address for the record. 37 DAVID GARNER: Hello, my name is David Garner, 1505 North College. Can you hear me? 38 Page 479 Item 17. 12 CHAIR KATZ: Yep, go ahead, sir. 1 DAVID GARNER: I just have a quick question regarding the parcels and the dotted lines. It 2 appears that in certain site plans the red line goes on the south side of Hibdon Court, and then there’s a 3 few site plans where the dotted line extends past to where parcel three goes north of Hibdon Court. And, 4 specifically, if that does go north and the site plans extend…I’m curious about the pedestrian access point 5 on the north side of Hibdon Court, which was not identified in Carol’s [sic] blue circles for access for 6 pedestrians. 7 CHAIR KATZ: We’ll have staff and the applicant address all questions. Do you have anything 8 else, Dave? 9 DAVID GARNER: No, that’s it, thank you. 10 CHAIR KATZ: Thank you for your time, appreciate you chiming in. Clark, do you want to 11 address the few questions that we’ve heard, first? 12 CLARK MAPES: Sure. First, I’m going to start on the question of whether this infrastructure 13 could serve another use, such as multi-family housing. And, based on the reading of the traffic study that 14 I mentioned, where the traffic generated by the assumptions so far has little to no effect on the other 15 streets. So, it would be speculation, but Steve, the Traffic Engineer, do you think that this infrastructure 16 could serve other uses such as multi-family housing? 17 STEVE GILCHRIST: Yes, let me first clarify to the gentleman, Mason is actually a collector 18 street, so it’s a higher classification street. Hibdon is the local street which connects out to College. 19 Based on, you know, the anticipated trips with what they’re proposing, this is more than going to function 20 well, but it also does provide with the collector street, it will provide the infrastructure for something 21 different. And that’s one of the things with, depending on if the Rescue Mission doesn’t come in, we’ll 22 evaluate that again to make sure that whatever they’ve built is consistent with what’s required. 23 CLARK MAPES: Right, and then the site plan lines. On ODPs, those lines are drawn on a 24 computer and they’re…they look pretty specific, and if any of the different drawings show them a little 25 bit differently, I would suggest that anyone can just imagine that those lines are drawn with a marker, and 26 that they’re drawn as like bubbles around the parcels. I’ve got…I could show you what I mean I think. I 27 don’t know what’s going on here…let me just skip down to the bottom of the presentation, just to show 28 you what I mean. I don’t have the image that I was thinking of. 29 CHAIR KATZ: Clark, is it fair to say that what you’re trying to get at is that they’re very 30 conceptual because they’re not firm lines, and they’re more… 31 CLARK MAPES: Yeah, but…yes, sorry…but regarding the specific question of getting to the 32 north side of Hibdon, that is a different parcel that is not part of this ODP. The property owners that own 33 the land that is involved in this ODP don’t own land that extends across to the north side of Hibdon, and 34 if one of the lines crosses over and it seems to raise a question of whether this ODP says anything about 35 the land uses on the north side of Hibdon, that answer would be no. 36 CHAIR KATZ: Thank you, Clark. Does the Ripley team want to add anything to address the 37 public’s questions? 38 STEVE GILCHRIST: Can I chime in really quick? 39 CHAIR KATZ: Go ahead, Steve. 40 Page 480 Item 17. 13 STEVE GILCHRIST: Regarding the pedestrian access…one of the things we did require with 1 this ODP is we were sure to include sidewalks along the south side of Hibdon that connect from Mason 2 out to College Avenue, that was one of the critical pieces. 3 CHAIR KATZ: Thank you, that is an important detail. I appreciate you sharing that, Steve. 4 Klara? 5 KLARA ROSSOUW: Really quickly, wanted to just add, I know we had an earlier question 6 about future development if it were, you know, not to be a shelter and something else came in. I think 7 whatever that use is would be subject to what is allowed within the zoning district, and I believe there are 8 some multi-family uses that are allowed. I think a permanent supportive housing type of situation was 9 also mentioned…we would have to go back and see if that’s an allowable use, but if it were an allowable 10 use, that could certainly be something that could happen in the future. And then there was another 11 question about…and what we would refer to as adequate public facilities…any project that developed on 12 any of those parcels would have to ensure that they’re meeting those standards. So, hopefully that clears 13 that question up. 14 CHAIR KATZ: Thank you, and just to note to both the members of the public, that when there is 15 a project development plan, that will be scrutinized for adequate infrastructure, circulation, both, you 16 know, pedestrians and vehicular, as well as, if it’s something different, probably a new traffic impact 17 study that would be reviewed by City traffic engineers. Any other follow-up clarifying questions to staff 18 or the applicant before we jump to a deliberation? Okay, with that I’ll close the input to the applicant. 19 Who would like to start us off on deliberation? Thank you, Ted. 20 COMMISSIONER SHEPARD: There’s a lot of value in doing overall development plans. It’s a 21 precursor, it’s a big high-level view of some of the constraints, it’s a very valuable planning exercise, it’s 22 good strategic thinking, it’s looking ahead and identifies the issues. And, I appreciate the folks that have 23 come down to speak to us about the future potential land use. Klara said it well, there’s energy in the 24 room, and we’re not naïve, we know what’s being proposed somewhere down the line perhaps, but the 25 first step is an overall development plan that captures all of the issues related to land development, which 26 certainly needs to be addressed no matter what the potential land use is. So, I appreciate the application 27 and the staff analysis. And stormwater jumping in, thank you, and to Steve, thank you for your input as 28 well. 29 CHAIR KATZ: Yeah, I’ll echo Ted; I’m going to support the ODP. You know, if and when this 30 does come as the proposed homeless shelter, remember guys, there’s a lot of development standards that 31 we’re not addressing with this that that application is going to have to overcome, and I would certainly 32 encourage you to come back, please address us, you know, bring all your neighbors and friends with your 33 concerns, because public input is so important here. And thank you for being restrained, because it could 34 get emotional. But, we do have to review what is in front of us, and that’s the ODP today. 35 COMMISSIONER YORK: I like the ODP plan here because it does do the things that are 36 required from the stormwater…sorry, it took me a minute to get back to stormwater…to the stormwater 37 retention, and the plan that was in place there. I know that North College has had a problem with that for 38 a long time, and if this is what catalyzes getting more of that infrastructure in place and getting utilities in 39 place where they are protected so that it saves the City money in the future regardless of what happens 40 later on the private parcels, I think this is a great way to move about it, so I’ll be supporting getting that 41 work done. 42 CHAIR KATZ: Thanks, York. Anyone else, or do we want to hear a motion? 43 Page 481 Item 17. 14 COMMISSIONER SASS: I’ll echo what Ted said a little bit, that the ODP is…identifies the 1 challenges, it does, and it brings it to light and lets the designers identify some of those problems and 2 making their design fun while it’s within the confines of the Land Use Code. It’s important to identify 3 the challenges so that you can overcome them. And when whatever plan gets presented following this, 4 the groundwork is there, and they’ve got to meet the Land Use Code. So, I’ll be supporting this for the 5 reasons I mentioned before with the Urban Renewal and the North College Corridor Plan and furthering 6 pushing those forward, moving North College forward, this is helping do that. 7 VICE CHAIR STACKHOUSE: And I’ll add too, I do support this. I appreciate everyone 8 sticking with us…we’re taking a look at a narrow issue, not a future issue, so thank you for your 9 understanding on that. We talked extensively at the workshop of how important it was to keep this very 10 narrow in scope. So, within the scope of what’s being proposed, I support it as well. 11 CHAIR KATZ: Anybody want to take a shot at a motion? Thank you, Adam. 12 COMMISSIONER SASS: I move that the City of Fort Collins Planning and Zoning Commission 13 approve the Mason Street Infrastructure Overall Development Plan ODP230001. The Commission finds 14 that the overall development plan complies with all applicable Land Use Code standards. This decision is 15 based on the agenda materials, the information and materials presented during the work session and this 16 hearing, and the Commission discussion on this item. Further, the Commission hereby adopts the 17 information, analysis, findings of fact, and conclusions regarding the overall development plan contained 18 in the staff report included in the agenda materials for this item. 19 CHAIR KATZ: Thank you, Adam. Do we have a second? 20 COMMISSIONER YORK: Second. 21 CHAIR KATZ: Roll call please? 22 SHAR MANNO: Sass? 23 COMMISSIONER SASS: Yes. 24 SHAR MANNO: Shepard? 25 COMMISSIONER SHEPARD: Yes. 26 SHAR MANNO: Stackhouse? 27 VICE CHAIR STACKHOUSE: Yes. 28 SHAR MANNO: Stegner? Oops, sorry, York? 29 COMMISSIONER YORK: Yes. 30 SHAR MANNO: And, Katz? 31 CHAIR KATZ: Yes. And with that, the Mason Street Infrastructure Overall Development Plan 32 ODP has been approved. 33 Page 482 Item 17. Link to Video Planning & Zoning Commission February 15, 2024 https://youtu.be/sK5D662U0Oc Page 483 Item 17. Applicant Appeal Presentation Materials Subject to Review for New Evidence and Council Acceptance Received March 13, 2024 Page 484 Item 17. Brc~nstein C.,,—.,Brownstein Hyatt Farber Schreck,LLP 303.223.1100 main 675 Fifteenth Street,Suite 2900 Denver,Colorado 80202 REC’D BY CITY CLERK NflR1324PH1:O8 March 1*024 Claire N.Havelda Attorney at Law 303.223.1194 direct chavelda @bhfs .com To:Fort Collins City Clerk City Hall West 300 Laporte Ave Fort Collins,CO 80521 Brad Yatabe Senior Assistant City Attorney City Hall West 300 Laporte Ave Fort Collins,CO 80521 Re:1311 N.College,LLC Applicant’s Response and Request for Dismissal with Prejudice of Charles Meserlian Appellant’s February 27,2024,appeal of the February 15,2024,Planning and Zoning Commission approval of the Applicant’s Mason Street Overall Development Plan. Back2round &Eceal Framework. On February 27,2024,Appellant appealed the February 15,2024,Planning and Zoning Commission Approval of the Applicant’s Overall Development Plan.Appellant’s sole intent in filing the appeal was to stop the subsequent development of the Rescue Mission from building a Shelter at the location. An Overall Development Plan (“ODP”)is utilized pursuant to Fort Collins’Land Use Code C’LUC”) Section 2.1.3 to “establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subseQuent submittals.”Critically,the approval of an ODP does not establish any vested rights to develop the property in accordance with the plan.The Applicant submitted its final Overall Development Plan C’ODP”)application to the City and the Planning and Zoning Commission (“P&Z”) unanimously approved it on February 15,2024.’ The Applicant’s ODP submission was solely comprised of information regarding infrastructure for the project (the “Project”);no future uses were identified or designated for P&Z’s consideration.While it is generally understood that a specific development plan that may include the Fort Collins Rescue Mission Shelter Development (the “Shelter”)is likely to be proposed at a later time,such a submittal was not LUC Section 2.l.3(B)-(C). www.bhfs.com Page 485 Item 17. March 12,2024 Page 2 before P&Z on February 15,2024.Rather,if and when the Shelter comes before P&Z,it will be in the form of a request for a Final Plat approval,not an infrastructure ODP. Additionally,City Staff communicated to the P&Z Commission that separate from any future Shelter development,the approval of the Applicant’s ODP had significant positive benefits for the City’s future stormwater master plans for the community as a whole along the North Mason Corridor;plans that have been decades in the making.City Staff made it clear,and the Commissions acknowledged,that whether the Shelter was ultimately approved at a later date or not,was not before P&Z at the February 15,2024 Hearing. Appellant’s true purpose in filing this appeal is his opposition to the Shelter.P&Z clearly defined the narrow scope of its review during the February 15,2024 Planning and Zoning Commission Hearing (“P&Z Hearing”);which was review of the Applicant’s ODP’s compliance with the Fort Collins Municipal Code and Land Use Codes.On several occasions,P&Z and City Staff clarified that the appropriate time to raise concerns or objections to the development of the proposed Shelter project was when those specific development plans came before P&Z. “Meserlian ...outspoken critic of the Fort Collins Rescue Mission’s proposed shelter,said the appeal is intended to stop the Rescue Mission from building on North College Avenue.”The Coloradoan,February 28,2024.2 Despite this,the Appellant blatantly chose to abuse the City’s appellate process by bringing this appeal on the pretense of P&Z’s failure to properly interpret certain provisions of the Fort Collins Municipal Code and LUC.The Applicant is literally quoted in the local Fort Collins’paper as stating that the appeal is “intended to stop the Rescue Mission from building on North College Avenue.”This is an abuse of process and should be treated as such.The Applicant requests that City Council deny the Appellant’s request to be heard on the appeal before the City Council as it was brought on grounds not recognized in the Fort Collins’Municipal Code,and thus City Council has no legal basis for its review. To entertain such blatant misuse of the appellate process is to encourage and condone such action in the future.To allow this appeal to go forward violates the Applicant’s due process and equal protection rights by allowing the Appellant a special mechanism for appeal not adopted in any governing City Code and not afforded to any other party. In the alternative,the Applicant requests that City Council uphold P&Z’s approval of the ODP without any form of remand for the reasons discussed below. Approval of the ODP. The Applicant met the seven criteria in the LUC for approval of its ODP.As none of the criteria of LUC Section 2.3.2(H)(I)-(7)are challenged in the Appellant’s Notice of Appeal,the approval should be See attached Exhibit A. Page 486 Item 17. March 12,2024 Page 3 upheld.It is imperative to note that LUC Section 2.3.2(H)(6)states that “the ODP shall be consistent with the appropriate Drainage Basin Master Plan.”The only evidence in the record,provided in the Staff Report,in Staff’s presentation to P&Z,in the Applicant’s ODP submission materials (which included extensive documentation regarding drainage and utility plans)and by the Applicant during their presentation,was that the stormwater requirements for the Project (the infrastructure plan),were sufficiently met;thus,consistent with the Dry Creek Master Plan.3 Upholdine the ODP Approval. The Appellant’s reliance on LUC Section 3.3.2(D)as grounds for an appeal of the ODP is misplaced. LUC Article 3 governs general development standards.Section 3.3.2(A)articulates what an applicant must submit to the City Engineer before a “final plat”can be approved.An ODP,by definition,is not the same as a Final Plat;rather it is a precursor to a Final Plat which has its own review procedure.To prove this point,one has only to remember that an ODP provides the Applicant with no vested rights to develop a project,unlike a Final Plat. Appellant’s reliance on LUC Section 3.3.2(D)is also erroneous.Section 3.3.2(D)governs “Required Improvements Prior to the Issuance of a Building Permit.”The Applicant was not seeking approval to build a regional stormwater detention pond;rather,that will be a request made by the City at a later date when it seeks approval for the phased North Mason Corridor Plan improvements.To interpret the LUC Section 3.3.2 as Appellant suggests,requires City Council to read it as directly conflicting with LUC Section 2.1.3 which states that an ODP establishes parameters for projects while allowing sufficient flexibility to permit detailed planning in subsequent submittals.4 Appellant’s interpretation of the Code negates the entire purpose of an ODP,which is simply to define the parameters of later inter-related final plan submittals.To be clear,the City’s North Mason Corridor Plan,while benefiting from the ODP,is not even part of the ODP. The Appellant’s arguments inappropriately conflate the discreet limited detention pond improvements related to the ODP and the City’s future North Mason Corridor Plan regional detention pond approvals. It is the North Mason Corridor Infrastructure Plans that will need to show conformance with the Dry Creek Master Plan and Stormwater Quality and Stream Restoration for expansion of the detention pond to a regional detention pond.To deny the Applicant’s ODP on the basis that the City has not shown conformance with future regional stormwater drainage master plans for a separate project defies logic. It should also not be lost on City Council that Appellant was at the Hearing and asked questions and made comment.He did not raise this issue at the time of the hearing;lending further credence to the fact that this appeal was brought for reasons other than concerns over stormwater master plan conformance. I?.W v.People In Interest of F.IV,523 P.3d 422,425 (2022)(When interpretation a statute (or Municipal Code)the Court’s primary aim is to effectuate the legislative intent.A reviewing court looks first to the plain language of the statute and then evaluates the entire statutory scheme in order to give “consistent,harmonious and sensible effect to all of its parts.”). Page 487 Item 17. March 12,2024 Page 4 When the City seeks approval for its large scale phased improvements related to the North Mason Corridor Plan,(street,utility and stormwater drainage plans),~P&Z and City Council’s review of the City’s compliance with the Dry Creek Master Plan for the regional detention pond will be appropriate. Until then,denying the Applicant’s discreet infrastructure Project,or conditioning such plans on the development of the City’s regional stormwater engineering plans (as the Applicant suggests)is improper. To do so would be a violation of Colorado Revised Statute Section 29-20-203 (2023)Conditions on land-use approvals which prohibits local governments from requiring private property owners to provide services (i.e.design the City’s comprehensive stormwater engineering plans for the North Mason Corridor Plan regional detention pond)unless there is an essential nexus between the requirement and the project,and the request was roughly proportional in nature and extent to the impact proposed. Here,the impact proposed is a discreet infrastructure project supported by a moderate expansion of the detention pond,not a City-wide stormwater overhaul.The expansion of the detention pond as proposed by the Applicant is sufficient to support the Project and in conformance with the Dry Creek Basin Stormwater Master Plan.That the City refers to the detention pond as an “interim”design for their final buildout that would make the detention pond suitable for regional use is beyond the scope of the ODP review. Appellant’s interpretation reads conflict into the Code and LUC where none currently exits;it is nonsensical and should be dismissed as such. Conformance with the Dry Creek Basin Stormwater Master Plan. Without waiving the arguments above,Applicant would also state that the materials presented at the P&Z Hearing show conformance with the Dry Creek Basin Stormwater Master Plan as articulated in Exhibit B attached hereto. Conclusion. The Applicant respectfully requests that the Appellant’s appeal be summarily dismissed without hearing as it was brought without basis in the City or Land Use Code and solely for inappropriate purposes as admitted by the Appellant in the local paper.In the alternative,the Applicant requests that City Council upholds the P&Z approval of the Project. Respectfully Submitted, Claire N.Havelda Page 488 Item 17. 316124.3:02 PM New Fort Collins 24/7 homeless shelter could be delayed by appeal C br doa EXHIBITA NEWS This appeal could delay the proposed 24/7 shelter on North College in Fort Collins Pat Ferrier Fort Collins Coloradoan Published 1:30 p.m.MT Feb.28,2024 Updated 2:38 p.m.MT Feb.28,2024 A north Fort Collins business owner has challenged the city planning commission’s approval of a complex stormwater drainage plan on North College Avenue in an effort to stop or stall a proposed shelter for up to 200 unhoused men. On Tuesday,Charles Meserlian,owner of Fort Collins Truck Sales,700 N.College Ave.,filed an appeal of the commission’s Feb.i~approval of the Mason Street infrastructure overall development plan including a regional detention pond on the west side of North College Avenue.Meserlian says it violates the city’s 2002 stormwater master plan. 1/4Page 489 Item 17. 316124,3:02 PM New Fort Collins 24/7 homeless shelter could be delayed by appeal Colorad a uaie nau ueeii scneuuieu. Meserlian,a member of the North Fort Collins Business Association and outspoken critic of Fort Collins Rescue Mission’s proposed shelter,said the appeal is intended to stop the Rescue Mission from building on North College Avenue. The west side detention pond is needed with or without the proposed shelter,but the shelter can’t move forward without it,city planner Clark Mapes told business association members Wednesday.That’s why approval of the infrastructure plan has preceded the shelter’s development plan.Before Fort Collins Rescue Mission fully invests in development,it needs to know the infrastructure will be constructed,he said. According to plans,the detention pond would be an interim pond dug to a depth required for that parcel.The city would later expand the detention pond as part of its capital improvement projects when it has the money to do so,Mapes said. The Mason Street infrastructure final development plan is tentatively scheduled to be heard by a city hearing officer in May,Mapes said. Drainage issues on North College Avenue have been a concern for decades and are the primary reason the west side has been slower to redevelop than the east.Investment on the east side of North College Avenue took off after the Northeast College Corridor Outfall opened,taking hundreds of acres of land out of the flood plain and making it ripe for new development. Stormwater facilities along College Avenue are full,so the west side needs an outfall for water to drain into.Part of that is also figuring out regional detention that minimizes impacts on individual properties that might redevelop. Pat Stryker’s Bohemian Foundation is donating the land to Fort Collins Rescue Mission, reducing the time and money it will take to get the facility up and running. That parcel is adjacent to city-owned land,and a land swap between the two entities is in the works to allow for a larger shelter and facilitate the on-site drainage area.City Council is expected to give final approval to the land swap next week. 214 Page 490 Item 17. 3/6/24,3:02 PM New Fort Collins 24/7 homeless shelter could be delayed by appeal ol ao guarantee to the upstream property owners,stakeholders,that a regional benefit could be satisfied.” During city staffs presentation of the Mason Street infrastructure overall development plan to the Planning and Zoning Commission,“it was stated there is plenty of space for the ultimate regional detention pond.It is believed that this is grossly misleading since there is no evidence or analysis ...that the ultimate regional pond is feasible with the proposed ODP improvements,”the appeal states. Previous coverage:Neighbors want more answers about planned 24/7 homeless shelter in north Fort Collins It is unclear what impact Meserlian’s appeal will have on the mission’s Planning and Zoning Commission hearing expected to take place in June. Fort Collins Rescue Mission continues to work on fundraising and community outreach for the 40,000-square-foot project that will more than double year-round space for men experiencing homelessness.Senior Director Seth Forwood said the Rescue Mission has secured $20 million of the $27 million needed to build the shelter. The proposed building has two wings around a vestibule and entry,an industrial feel with corrugated metal and a slanted roof.The southern wing will be for day use with a cafeteria, administrative offices and designated area for volunteers.The northern wing will have a second story and house the overnight shelter.The outdoor area on the west side of the building will be surrounded by a secure,6-foot-tall fence. The site,one of two recommended by the city’s Homelessness Advisory Committee in 2021,is close to other services for unhoused people including the Murphy Center for Hope,Food Bank for Larimer County,Catholic Charities and others. 3/4 Page 491 Item 17. 3/6124,3:02 PM New Fort Collins 24/7 homeless shelter could be delayed by appeal C.I oan 414 Page 492 Item 17. Note:Article Copy with Photographs Included Co 10 ra d oa n ws Sports Business NoCo Life Advertise Obituaries eNewspaper Legais G) NEWS This appeal could delay the proposed 24/7 shelter on North College n Fort Collins Pat Ferrier F it Collins Coloradoan PublIshed 1 30 p m MT Feb 28 2024 I Updated 2:38 p.m.MT Feb.28,2024 X~4 ,1’ lIVE c-A VIEW flJLL GALLEkY North Fort CoWns communty gathers to discuss new Fort Co line Rescue Mlsiion shelter Organizers akued to brinç together stakeholders and Ioca eaders to oet more ans.vers and share their opinions about me proposed 24.’?shelter A north Fort Collins business owner has challenged the city planning commission’s approval of a complex stormwater drainage plan on North College Avenue in an effort to stop or stall a proposed shelter for up to 200 unhoused men. On Tuesday,Charles Meserlian,owner of Fort Collins Truck Sales.700 N.College Ave.,filed an appeal of the commission’s Feb.15 appro~al of the Mason Street infrastructure overall development plan including a regional detention pond on the ~vest side of North College Avenue.Meserlian says it violates the cliv’s 2002 stormwater master plan. Page 493 Item 17. A ‘,.4., s” ~ .3 Park ~—- I ,— Hi’CK~O RY VILIiAGE~ b \~[!iickory Villagç; C GREENDRIAR VILLAGE It is called the Mason Street plan because Mason Street ~vould extend through the site. The appeal will be heard by Fort Collins City Council.As of W ednesday morning, no hearing date had been scheduled. Meserlian,a member of the North Fort Collins Business Association and outspoken critic of Fort Collins Rescue Mission’s proposed shelter,said the appeal Fort Collins future shelter site Tt~s map n made v.iiti Google My Maps.Citalt yom own. <r~ ~..1 Wjllox Ln LI I -.rI~ Garden Syieet I empors dv closed * F, tr Larirner County Departrireril~5f~Humanir 1~ •1 r •0 Fort t~lIinsd 5,,.t•~‘ U Tfie~utpds~ oodsank,For,. cd r me r’C nun ty~ ~t4 r•’~-4Nn The Lyrtc~.t .~JAX ~tai I~kaoutdoor.Gear .•..‘-.-sit’t ‘‘~L~:lk~L..(lIED ::~ —Tár,o • REDWO MEADO ojiD TOWN ~‘SIThfl.rif H j~ is intended to sto the Rescue Mission from building on North Colle e Avenue. Page 494 Item 17. /~~//“I Charles Meserlian adjusts an earpiece before the start of a meeting organized by Hickorj ~~llage mobile home esidents to discuss Fort Collins Rescue Mission’s plans to buiid a 2417 S eite for men e periencing homelessness on Dec 2023 at the Northside Aztlan Community Center in Fort Col ins 0 ganizers ho p esented the meeting n Spanish aimed to bring together stalcehoiders and iocai leade a to get more ans e s a d a a ether op n ons about the project ~‘änya A Fa~:a. Far The Qoioradaan The west side detention pond is needed with or without the proposed she ter,but the shelter can’t move forward without it,city planner Clark Mapes told business association members Wednesday.That’s why approval of the infrastructure plan has preceded the s ~elter’s development plan.Before Fort Collins Rescue Mission fully invests in development,it needs to know the infrastructure will be constructed,he said. According to plans,the detention pond would be an interim pond dug to a depth required for that parcel.The city would later expand the detention pom d as part of its capital improvement pro’ects when it has the money to do so.Mapes said. The Mason Street infrastructure final development plan is tentatively scheduled to be heard by a city hearing officer in May,Mapes said. Page 495 Item 17. Drainage issues on North College Avenue have been a concern for decades and are the primary reason the west side has been slower to redevelop than the east. Investment on the east side of North College Avenue took off after the Northeast College Corridor Outfall d~ened,taking hundreds of acres of land out of the flood plain and making it ripe for new development. Stormwater facilities along College Avenue are fuilt so the west side needs an outfall for water to drain flto.Part of that is also figuring out regional detention that minimizes impacts on individual properties that mightredevelop. Pat Stryker’s Bohemian Fodndatibh is donaflng ihe land to Eort Collins Rescue Mission,reducing the tithe andmbnev itwill,take to get~the facility up and running. II pM •L4L~I ‘pop a Rendering of proposed 24/7 shelter at 1311 N College Ave.,Fort Collins for men experienc rig hometessness C ly O’For’ Corns Planing Documents That parcel is adjacent to city-owned land,and a land swap between the two entities is in the works to allow for a larger shelter a id facilitate the on-site drainage area.City Council is expected to give fInal approval to the land swap next week. According to Meserlian’s appeal,the overall development plan should be considered incomplete because “there is no evidence provided that the ultimate regional pond is achievable.It is necessary to provide this analysis and evidence at the ODP level to ensure a guarantee to the upstream property owners, stakehokiers.that a regional benefit could be satisfied.” Page 496 Item 17. IU1~NORTHERNLNCrIELRING EXHIBIT B Applicable LUC Criteria LUC 2.3.2(H)(6)Overall Development Plan Review Procedures “The overall development plan shall be consistent with the appropriate Drainage Basin Master Plan” Master Plan Criteria The North Mason Street ODP is located within the Dry Creek Master Drainage Basin.All properties within this basin shall provide detention sufficient to allow a release rate of no more than 0.2 cfs/acre. Mason ODP Compliance The ODP Drainage Report states in Section II.A.2 that the allowable release rate from the site is 0.2 cfs/acre, while Section Il.C.1 also states the same.Both statements show that future projects within the ODP will conform with the Dry Creek Master Drainage Plan. Other Adopted Plans The City has not made the Stormwater Quality and Stream Restoration Update to the Dry Creek Basin Storm water Master Drainage Plan,prepared by Ayres Associates,dated October 2012,publicly available.As such,a requirement of strict conformance therewith is a volation of the AppIcant’s due process rights under the ODP framework.The City itself is having trouble locating this document,but City staff have indicated they will provide this to the Applicant on Friday 3/8124.Should the City request further analysis regarding complance with that plan it will be forthcoming. NORTHERNENGINEERING.COM I 970.221.4158 ODP APPEAL RESPONSE FORT COLLINS I GREELEY 276532134Page 497 Item 17. 25 April 2024 Presentation titlePage 1 May 7, 2024 COUNCIL HEARING Re: Applicant’s Response to appeal of February 15th, 2024, Planning and Zoning Commission approval of the Mason Street Overall Development Plan Page 498 Item 17. 25 April 2024 Presentation titlePage 2 Background •Mason Street Overall Development Plan was unanimously approved by the Planning and Zoning Commission on February 15th •Appellant filed appeal February 27th Page 499 Item 17. 25 April 2024 Presentation titlePage 3 “Meserlian… outspoken critic of the Fort Collins Rescue Mission’s proposed shelter, said the appeal is intended to stop the Rescue Mission from building on North College Avenue” - The Coloradoan, February 28, 2024. Grounds for Appeal Page 500 Item 17. 25 April 2024 Presentation titlePage 4 The Appellants written arguments on appeal are premised on a fundamental misunderstanding of the Land Use Code. Appellant’s Fundamental Misunderstanding of the Land Use Code & City Code •LUC 3.3.2(d)(5) – Stormwater Drainage. •Not Applicable to ODP’s. •City Code Section 26-543(a)(4) – Master Drainage Plan: Dry Creek Basin. •Appellant Misinterprets Application. •City Code Section 26-543(a) – Conformity with master plan of the stormwater facilities. •Appellant Misinterprets Application. Page 501 Item 17. 25 April 2024 Presentation titlePage 5 LUC 2.1.3 (B)(1) Purpose and Effect The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an overall development plan does not establish any vested right to develop property in accordance with the plan. ODP Compliance: What is an Overall Development Plan? Page 502 Item 17. 25 April 2024 Presentation titlePage 6 Proposed ODP •The Mason Street ODP comprises solely of information regarding the infrastructure for the project, not any subsequent development. •No uses are identified within the Mason Street ODP •Fort Collins Rescue Mission is NOT part of the Overall Development Plan Application Page 503 Item 17. 25 April 2024 Presentation titlePage 7 Approval of the ODP LUC 2.3.2(H) An overall development plan shall comply with the following criteria: (1) Shall be consistent with the permitted uses and applicable zoning district standards in Article 4 and general standards of Article 3. (2) Shall be consistent with the required density range for residential uses for the applicable zoning district. (3) Shall conform to the Master Streets Plan. (4) Shall provide transportation connections to adjoining properties to ensure connectivity. (5) Delineate natural features and proposed rough estimate of buffer area. (6) Shall be consistent with appropriate Drainage Basin Master Plan. (7) Standards related to housing density and mix of uses shall apply over the entire overall development plan. Page 504 Item 17. 25 April 2024 Presentation titlePage 8 Approval of the ODP LUC 2.3.2(H) An overall development plan shall comply with the following criteria: (1) Shall be consistent with the permitted uses and applicable zoning district standards in Article 4 and general standards of Article 3. (2) Shall be consistent with the required density range for residential uses for the applicable zoning district. (3) Shall conform to the Master Streets Plan. (4) Shall provide transportation connections to adjoining properties to ensure connectivity. (5) Delineate natural features and proposed rough estimate of buffer area. (6) Shall be consistent with appropriate Drainage Basin Master Plan. (7) Standards related to housing density and mix of uses shall apply over the entire overall development plan. Page 505 Item 17. 25 April 2024 Presentation titlePage 9 Focus on Criteria 2.3.2(H)(6) •The Mason Street ODP demonstrates that the project has the ability to provide facilities specified with the Drainage Master Plan. •ODP does not require full build out of future infrastructure projects to support a finding of “consistency” with Drainage Master Plans. •LUC 2.3.2(H)(6) requires simply that the level of design is consistent with the Drainage Master Plan for the specific project has submitted. •All the evidence in the record shows that the project plan is in conformance with the Drainage Basin Master Plan. Page 506 Item 17. 25 April 2024 Presentation titlePage 10 Appeal Response: Stormwater Drainage •None of the seven (7) ODP approval criteria are listed in the appellants response. •ODP Submission materials showed documentation regarding drainage and utility plans for the infrastructure plan, and thus complies with the Dry Creek Master Drainage Plan. Page 507 Item 17. 25 April 2024 Presentation titlePage 11 Appeal Response: Drainage Basin Master Plan Conformance •Dry Creek Master Plan •ODP shows that all properties shall provide detention sufficient to allow a release rate of no more than 0.2 cfs/acre (rate provided by the CoFC) •Drainage report shows compliance (Section II.A.2 and Section II.C.1) •The ODP identifies and accommodates: ➢Provides area for the future Hickory Regional Detention Area ➢Future corridors for the future inflow and outfall pipes from the ultimate Hickory Pond Page 508 Item 17. 25 April 2024 Presentation titlePage 12 Appeal Response: LUC Section 3.3.2(D) Not Applicable •Section 3.3.2(D) governs what must be submitted to the City Engineer before building permits can be issued. •The Mason Street ODP application is not a request for a Building Permit. •Applicable criteria for an ODP in LUC Section 2.3.2(H) have been satisfied. Page 509 Item 17. 25 April 2024 Presentation titlePage 13 We ask that you either dismiss this appeal for failure to conform with Municipal Code Requirements of Section 2-48 or uphold the PC decision based on the evidence in the record before you that the ODP met the criteria of LUC Section 2.3.2.H(1)-(7). Conclusion Page 510 Item 17. 25 April 2024 Presentation titlePage 14 Thank You Page 511 Item 17. Paul Sizemore, Community Development & Neighborhood Services Director Mason Street Infrastructure Overall Development Plan (ODP) Appeal 5-7-2024 Page 512 Item 17. Zoning MH Zone Hickory St. N. C o l l e g e CS Zone Willox Ln. SITE Bristlecone Dr. I Zone Hibdon Ct. Page 513 Item 17. 3Location I Hickory St. Mason Alignment Mason Street Infrastructure Overall Development Plan (ODP) Page 514 Item 17. 4Property in the ODP Site Plan 4 •12 acres •2 parcels To N. College St . Existing 2 Parcels Proposed 3 Reconfigured Parcels Page 515 Item 17. 5ODP Drainage Plan –Detention Pond 5 Hickory St. N. C o l l e g e Hibdon Ct. Detention Pond Page 516 Item 17. 6Timeline 6 Oct 14, 2022 Preliminary Design Review and Posting Online June 7, 2023 Signs Posted May 10, 2023 Neighborhood Meeting May 26, 2023 First Development Plan Submittal Feb 15, 2024 Planning and Zoning Commission Hearing Feb 23, 2024 Appeal Notice Received May 7, 2024 City Council Appeal Hearing Page 517 Item 17. 7Appeal Alleges that the Decision Maker committed the following errors: •Failure to conduct a fair hearing in that the Commission considered evidence relevant to its findings, which was substantially false or grossly misleading •Failure to properly interpret and apply relevant provisions of the Land Use Code Page 518 Item 17. 8Fair Hearing –False or Misleading Evidence First Issue on Appeal: Did the Planning and Zoning Commission (P&Z) Fail to conduct a fair hearing in that the Commission considered evidence relevant to its findings, which was substantially false or grossly misleading? Page 519 Item 17. Appeal alleges that: “During the Staff presentation for the Mason Street Infrastructure Overall Development Plan (ODP),it was stated that there is plenty of space for the ultimate regional detention pond.It is believed that this is grossly misleading since there is no evidence or analysis provided to reference that the ultimate regional pond is feasible with the proposed ODP improvements.” Fair Hearing –False or Misleading Evidence Allegation Page 520 Item 17. Appeal cites two code sections. Neither appears in the record for the hearing. Both refer to requirements that must be addressed at later points in the development process. -Land Use Code subsection 3.3.2(D)(5)pertains to building permits.It is under the heading “Required Improvements Prior to Issuance of Building Permit”. -Municipal Code subsection 26-544(a)begins with “Prior to the final approval of the plat of any subdivision,or prior to commencement of construction…” 10Appeal Allegations –Code Subsections Page 521 Item 17. 11 Land Use Code requirements for ODPs are: -“2.1.3(B)(1)Purpose and Effect.The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals.” -“2.3.2(H)The plan shall be consistent with general development standards (Article 3)that can be applied at the level of detail required for an overall development plan submittal.” -“2.3.2H(6)The plan shall be consistent with the appropriate Drainage Basin Master Plan.” Code Pertinent to ODPs Page 522 Item 17. 12 •An ODP Drainage Report was required,completed,and reviewed by stormwater staff. •Detailed analysis not presented at hearing but was a part of staff review and was a basis for staff recommendations. •Staff review included:ODP Drainage Report,master planning studies,internal calculations and analysis. •Discussion at hearing included: •drainage in the area has been studied for approximately the past 20 years; •a regional detention pond was identified as a need in a 2010 North College Infrastructure Funding Plan; •ODP represents an interim,partial step which is an advantage to the City with parameters for earthwork that would help create an initial portion of the future regional system,which will continue to be formulated by the City. Review of Drainage and Stormwater Page 523 Item 17. 13 Stormwater Criteria Manual requirements for ODP information: •“does not normally entail a detailed drainage analysis but does require a general presentation of the project’s features and effects on drainage and land disturbance.” Drainage Report showing “feasibility and design parameters”.And also “general compliance with the appropriate Drainage Basin Master Plan”.Key topics are listed including: •General basin characteristics •Potential impacts from offsite drainage and detention calculations based on the ODP •Specific details dependent on complexities of the site. Stormwater Criteria Manual Page 524 Item 17. 14Failure to Properly Interpret and Apply Code Second Issue on Appeal: Did the Planning and Zoning Commission (P&Z) Fail to properly interpret and apply relevant provisions of the Municipal Code or Land Use Code? Page 525 Item 17. Two code sections cited. The record does not mention either subsection. Both refer to requirements that must be addressed at later points in the development process. -Land Use Code subsection 3.3.2(D)(5)pertains to building permits.It is under the heading “Required Improvements Prior to Issuance of Building Permit”. -Municipal Code subsection 26-544(a)begins with “Prior to the final approval of the plat of any subdivision,or prior to commencement of construction…” 15Appeal Allegations –Code Subsections Page 526 Item 17. Paul Sizemore, Community Development & Neighborhood Services Director Mason Street Infrastructure Overall Development Plan (ODP) Appeal 5-7-2024 Page 527 Item 17.