HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/22/2025Fort Collins City Council
Work Session Agenda
6:00 p.m., Tuesday, April 22, 2025
300 Laporte Avenue, Fort Collins, CO 80521
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
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City of Fort Collins Page 1 of 2
City Council
Work Session Agenda
April 22, 2025 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
Council Information Center (CIC)
300 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
6:00 PM
A) CALL MEETING TO ORDER
B) ITEMS FOR DISCUSSION
1. Staff Report: School Traffic Safety Inspection Program
The purpose of this item is to provide a staff report for the School Traffic Safety Inspection Program.
2. 2024 Poudre Fire Authority Annual Report
The purpose of this item is to review the 2024 Poudre Fire Authority (PFA) Annual Report and
discuss the overall performance in fulfilling its responsibilities under the Second Amended and
Restated Intergovernmental Agreement between its parent organizations, the Council and the
Poudre Valley Fire Protection (District) Board.
3. Land Use Code Update: Commercial Corridors and Centers
The purpose of this item is to update Council on the proposed code changes, approach, and
timeline for the Land Use Code (LUC) update.
4. Sounds of the City
The purpose of this item is to discuss different sounds in the city, its effect on the community from
a diverse perspective, current compliance practices and areas of opportunity. A phased approach
is proposed, prioritizing the immediate review of traffic, fireworks, and agricultural exemptions,
followed by ongoing research and neighborhood engagement regarding amplified noise.
C) ANNOUNCEMENTS
D) ADJOURNMENT
Page 1
City of Fort Collins Page 2 of 2
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.
Page 2
File Attachments for Item:
1. Staff Report: School Traffic Safety Inspection Program
The purpose of this item is to provide a staff report for the School Traffic Safety Inspection
Program.
Page 3
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 1
April 22, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Nell Davis, Traffic Operations, Technical Projects Manager
SUBJECT FOR DISCUSSION
Staff Report: School Traffic Safety Inspection Program
EXECUTIVE SUMMARY
The purpose of this item is to provide a staff report for the School Traffic Safety Inspection Program.
ATTACHMENTS
1. Presentation
Page 4
Item 1.
Headline Copy Goes Here
Traffic Operations –Technical
Projects Manager
Nell Davis
School Traffic
Safety Inspection
Program
4-22-2025
Page 5
Item 1.
Headline Copy Goes HereBackground
•Changes in population and
traffic patterns since schools
were built
•Safety improvements applied
inconsistently citywide
•Complaints were the main
driver of safety
improvements
•Consultant engaged to
establish School Traffic Safety
Inspection Program
•Develop process
•Toolkit of school safety
practices and improvements
Page 6
Item 1.
Headline Copy Goes HereProgram goals
•Systematic inspection
•Investigate all aspects of transportation around
schools
•All modes of travel—personal vehicle, bus, bike,
foot
•Behaviors of staff, parents, and students
•Create a whole-picture report of strengths and
weaknesses
•Recommend improvements
•Education
•Enforcement
•Infrastructure
•Maintenance
•Operations best practices
Page 7
Item 1.
Headline Copy Goes HereStudy Process: Investigation
•Two to six schools per school
year
•Meet with district and school
staff
•Observe pickup/drop-off traffic
•Conduct traffic studies of
corridors, intersections
•Inventory existing signs and
pavement markings
Page 8
Item 1.
Headline Copy Goes Here Study Process: Recommendations
•Instructions for parents
•Training for staff
•Safety lessons for students
Education
Enforcement
•Refresh pavement markings
•Replace signs
Maintenance
•Sidewalks
•Bike lanes
•Crosswalks
•Signals
Infrastructure
•Separate travel modes
•Appoint crossing guards
Operations
Page 9
Item 1.
Headline Copy Goes HereStudy Process: Implementation
•Maintenance and minor
improvements over summer
break
•Coordinate education,
enforcement, and operation
changes with school staff and
police
•Seek grants or other
opportunities for large
projects
•Not all schools need big
projects
Page 10
Item 1.
Headline Copy Goes HereCompleted studies
•Zach Elementary School
(2022)
•Lopez Elementary School
(2022)
•Irish Elementary Escuela
Bilingüe (2024)
•Dunn Elementary School
(2024)
•Tavelli Elementary School
(2024)
•Beattie Elementary School
(2024)
•Kinard Middle School (2024)
Page 11
Item 1.
Headline Copy Goes HereResults
•Minor recommendations
addressed immediately
•Grant applications
•Training program for
kindergarten teachers to
teach pedestrian safety
Page 12
Item 1.
Headline Copy Goes HereResults: Zach Elementary
•Convert Jupiter & Kechter to
a fully signalized intersection
•Install median refuge and
RRFB at Cinquefoil & Kechter
•Construction summer 2025
•Received grant for $750,000
Page 13
Item 1.
Headline Copy Goes HereResults: Lopez Elementary
•Existing staff at nearby intersections highly effective
•Installed speed humps on Manhattan Ave
•Installed curb extensions at Wabash & Benthaven
•Created education program for kindergarteners
Page 14
Item 1.
Headline Copy Goes HereStudies in progress
•Blevins Middle School
•Kruse Elementary School
•Johnson Elementary School
•Webber Middle School
•Rocky Mountain High School
Page 15
Item 1.
Headline Copy Goes HereTentative list for 25-26 school year
•Bauder Elementary
•Laurel Elementary
•Bennett Elementary
•Harris Elementary
Page 16
Item 1.
Headline Copy Goes HereFuture
•School prioritization criteria
•K-5 students
•High number of marginalized
and low-income students
•Adjacent to high-speed
roads
•Public interest
•School or District interest
•Upcoming projects in the
area
•Estimated completion: 2034
•After all schools inspected,
start over
Page 17
Item 1.
Headline Copy Goes Here 4-22-2025
Nell Davis
ndavis@fcgov.com
Thank you!
Page 18
Item 1.
Headline Copy Goes HereDraft schedule: 53 public and private schools
•Completed
•Lopez, Zach, Dunn, Irish, Beattie, Tavelli, Kinard
•In progress
•Johnson, Kruse, Rocky Mountain, Blevins, Webber
•2025
•Bauder, Harris, Laurel, Bennett
•2026 –2029
•Axis International Academy, Bacon, CEC, Coyote Ridge, Fort Collins, Lesher, Linton,
Montessori, Odea, Olander, PSD Global Academy, Polaris, Putnam, Ridgeview, Riffenburgh,
Rivendell
•2030-3034
•Academy of Arts & Knowledge, Boltz, Centennial, Christian Core Academy, Cottonwood Plains,
Fort Collins Christian School, Fossil Ridge, Front Range Baptist Academy, Grace Academy,
Heritage Christian Academy, Liberty Commons, Lincoln, McGraw, Mountain Sage, Poudre,
Poudre Community Academy Preston, Shepardson, St Joes, Traut, Werner
Page 19
Item 1.
Headline Copy Goes HereResults: Irish Elementary
•Applied for $835K grant
•Add pedestrian connections
between trail and school
•Add crossing improvements
on Vine Dr., Irish Dr.
Page 20
Item 1.
File Attachments for Item:
2. 2024 Poudre Fire Authority Annual Report
The purpose of this item is to review the 2024 Poudre Fire Authority (PFA) Annual Report and
discuss the overall performance in fulfilling its responsibilities under the Second Amended and
Restated Intergovernmental Agreement between its parent organizations, the Council and the
Poudre Valley Fire Protection (District) Board.
Page 21
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 2
April 22, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Derek Bergsten, Fire Chief, Poudre Fire Authority
SUBJECT FOR DISCUSSION
2024 Poudre Fire Authority Annual Report
EXECUTIVE SUMMARY
The purpose of this item is to review the 2024 Poudre Fire Authority (PFA) Annual Report and discuss
the overall performance in fulfilling its responsibilities under the Second Amended and Restated
Intergovernmental Agreement between its parent organizations, the Council and the Poudre Valley Fire
Protection (District) Board.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions do Councilmembers and District Board members have about the Poudre Fire Authority
2024 Annual Report?
2. What concerns or curiosities do Council Members and District Board members have about the existing
Intergovernmental Agreement (IGA)?
BACKGROUND / DISCUSSION
Chief Bergsten will provide information around the governance of the PFA to both Council and District
Board members, including PFA’s 2024 Annual Report. Council and the District Board will have the
opportunity to review the ongoing relationship between the two entities and discuss any possible issues of
concern.
In 1981, the District and the City entered into an Intergovernmental Agreement (IGA) providing for an
independent governmental entity known as the PFA, for the purpose of providing fire protection service s
within the District and the City. Since 1981, the District and the City have revised the IGA three times. In
1983 to outline a funding formula, in 1987 to include the funding formula language in the IGA, and in 2014
to include Exhibit A (funding formula) and Exhibit B (Support Services Provided by the City).
The District Board and the Council have agreed, since 1981, that the benefits of establishing the PFA have
been, and continue to be, successful. Efficiencies include improved fire protection, training,
communications, fire suppression, vehicle maintenance, investigation and inspection programs,
comprehensive station locations to handle fire problems spanning political jurisdictions, effective response
to large crisis situations, and efficient use of taxpayer funding. Therefore, in 2024 the District Board and
Council recognized the need to review the IGA. Staff from both entities worked cooperatively to identify
Page 22
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 2
and address issues of mutual interest, including modifying the revenue allocation formula to help ensure a
predicable revenue stream for the PFA by sharing in the City’s revenue growth/risk, and to clarify language
regarding annexations from the District to the City to ensure maintained service levels. Administrators to
the IGA were added to implement and manage the IGA, and a review period of eight years for the District
Board and Council was added. The Second Amended and Restated IGA was approved by Council and
District Board members effective January 1, 2025.
Article II (2.2)(N) of the Second Amended and Restated IGA states in part, “To provide an Annual Report
in the second quarter of each year regarding the activities and accomplishments of the Authority, and to
present such report to the City Council and District Board at a joint meetin g for the purpose of reviewing
annual performance measurements and metrics, goals, actual spending to budget, benefits to the
community related to strategic outcome goals, operational efficiency, productivity improvement, and issues
of concern to the Authority, the District, and the City.”
ATTACHMENTS
1. Poudre Fire Authority 2024 Annual Report
2. Second Amended and Restated IGA – in part
3. Presentation
Page 23
Item 2.
Page 24
Item 2.
PFA 2024 ANNUAL REPORT | 2
Message From Leadership
In 2024, Training became an official division of Poudre Fire Authority (PFA).
I was fortunate to be selected as Division Chief and help launch this next
chapter.
My journey with PFA started in 2001 as a Colorado State University intern
and volunteer firefighter. Both positions allowed me to learn about the
organization, and I soon realized there was no place I would rather be.
I was lucky enough to become a full-time PFA family member in 2005.
I would not be where I am today without support from family, friends,
colleagues, and mentors, all of whom helped prepare me for this role.
Just as I have had significant support along my journey, I look forward
to fostering the abilities of PFA personnel and our partners.
Throughout the years, PFA training staff and instructors have
created a culture of learning and continuous improvement dedicated
to investing in people. As the Training Division, we are responsible for
continuing that culture and carrying it forward for current and future
members. It’s rewarding to be a part of someone’s journey as they
progress through the years and become part of the next generation
of leaders.
Ultimately, the goal of the Training Division is to ensure that you, our
community, has well-trained first responders that you can rely on 24/7/365.
Tyson Barela | Training Division Chief
Training Division Responsibilities
The division supports all levels of PFA from fire academy recruits
to experienced personnel. In addition, Training oversees volunteer
and seasonal firefighters and several programs and committees
including fire suppression, hiring, promotions, recruitment,
policies and procedures.
The division’s mission is “Forging excellence in emergency services
through training, education, certification, and credentialing.”
This mission is fulfilled by supporting:
• Employee Training
• Professional Development
• Education
• Tuition Reimbursement
• New Program Development
• Certification and Credentialing
• Basic Skills Needed by Personnel
HOURS OF TRAINING44,300
PROMOTIONS50
High school students experienced a weekend in the fire service and learned CPR during Fire Camp at the Training Center.
16
Elected officials and community leaders participated in Fire Ops 101, hosted in partnership with the Local 1945, to learn about the many skills and resources needed in the fire service.
15
FEDERAL WILDLAND DEPLOYMENTS8
URBAN SEARCH & RESCUE (USAR) DEPLOYMENTS3
DEPLOYMENT & REGIONAL SUPPORT
Page 25
Item 2.
PFA 2024 ANNUAL REPORT | 3
Who We Are
PFA is a partnership of the City of Fort Collins and Poudre Valley Fire Protection District, proudly serving Fort Collins,
Timnath, Laporte, Bellvue, Horsetooth, Redstone Canyon, and areas of unincorporated Larimer and Weld counties.
Composed of highly trained personnel, PFA is committed to providing exceptional emergency services to save lives
and protect property in our jurisdiction.
PFA is accredited through the Center for Public Safety Excellence and is committed to public safety through fire suppression
and mitigation, hazardous material control, and emergency medical services. Moreover, PFA is an agency that embodies
the idea of service above self through public education, appropriate response, and fostering the idea of community.
PFA PERSONNEL
FULL-TIME POSITIONS248
CIVILIAN POSITIONS41
UNIFORMED POSITIONS207
VOLUNTEER POSITIONS36
OUR RANK STRUCTURE
Fire Chief
Page 26
Item 2.
PFA 2024 ANNUAL REPORT | 4
In The Community
9/11 MEMORIAL AT SPRING PARK
After years of collaboration, community-wide fundraising,
and six months of construction, the 9/11 Memorial at
Spring Park, behind Fire Station 3, opened on July 1. The site
prominently features a 3,059 pound steel I-beam which was
gifted to PFA in recognition of its response to the attacks.
The beam was pulled from the World Trade Center wreckage
and found its permanent resting place at the memorial.
The steel is surrounded by paving stones which represent the
343 firefighters who perished during the attacks, turf steps
providing a place for reflection, and a larch tree. This tree was
planted at the request of a firefighter, before the site was
chosen for the memorial, and is a rare deciduous conifer that
loses its needles in autumn and regrows them in spring – serving
as a symbol of new life and resilience to any crisis or disaster.
MISSOURI VALLEY DIVISION OF FIRE CHIEFS CONFERENCE
PFA hosted the 35th Missouri Valley Division (MVD)
Fire Chiefs Conference in June. The event welcomed
150 attendees and 40 vendors to the Fort Collins Marriott,
which included opportunities for fire officer training as
well. Fire service leaders and fire officer trainees joined
from throughout the eight states in the MVD - Colorado,
Iowa, Kansas, Missouri, Nebraska, North Dakota,
South Dakota, and Wyoming.
PEOPLE CONNECTED WITH AT COMMUNITY EVENTS9,149 FIRE SUPPRESSION SYSTEMS INSPECTED4,707
VISITORS TO FIRE STATIONS381 PEOPLE ATTENDED A RISK REDUCTION COURSE5,565
MILLION SQ FT MADE SAFER THROUGH FIRE INSPECTIONS57.8
COMMUNITY IMPACT
See a photo album of the event here.
See a photo album of the event here.
Page 27
Item 2.
PFA 2024 ANNUAL REPORT | 5
FIRST ANNUAL EMS SURVIVOR CELEBRATION EVENT
PFA and UCHealth partnered to hold the first annual EMS
Survivors Celebration. Eight stories of people who survived
medical emergencies were shared. From a young boy who
fell from a second story window to a seasoned mountain biker
who suffered a major cardiac event on the trail, their lives
were saved thanks to the brave actions of community
members who stepped up and the first responders
(both on and off-duty) trained and ready to provide care.
First responders rarely learn the outcomes of those they
help. This event connected survivors with the dispatchers,
ambulance teams, and fire service crews responsible for
their initial medical care. It was a special opportunity for all
involved. The second annual EMS Survivor Celebration
will be held on May 14, 2025.
COMMUNITY HEALTH PROGRAM
The Community Health Program (CHP) was implemented
in early 2024. PFA saw the need for a program that would
focus on preventative care, in tandem with prioritized
critical and/or crisis care. The program meets people
where they are, to help outside of a crisis, allowing for
individuals to better articulate and address their needs.
The CHP team consists of two EMTs, a behavioral/mental
health clinician, and program manager. They focus on
high utilizers of the 911 system as well as referrals from
online crews. The CHP meets with clients to assess their
individual situations, triage care, coordinate resources,
and continue with them for a short period of time to ensure
the client’s goals are met. The team works to improve the
client’s quality of life through health education, proper
medication, mental and behavior health assistance, food,
shelter, and a host of other needs. They work diligently
with community partners to allow for the most effective
resourcing possible.
These relationships have created cross-referring,
allowing the program to compliment rather than replace
other programs, like those through Fort Collins Police
Services, Outreach Fort Collins, and UCHealth.
CHP team’s success stories include:
n Transitioning an elderly female with cerebral palsy, who
was living in her car and refusing help, to an assisted living
facility placement where she can receive specialized care.
n Working with an elderly male Vietnam veteran who refused
medical care and getting him to accept home health care
services and meals.
n Implementing a sustainable life for an elderly couple who
was facing repeat falls, a cluttered home, and food scarcity.
CHP 2024 DATA POINTS
OPEN CASES17CLOSED CASES311
OUT-OF-HOSPITAL CARDIAC ARREST SURVIVORS18
Read an article about CHP Program Manager Beth McGhee here.
See a photo album of the event here.
Page 28
Item 2.
PFA 2024 ANNUAL REPORT | 6
2024 Budget & Funding Outcomes *
TOTAL RE VENUES $53,026,801
Intergovernmental .....................................................................................$51,291,396
Fees and Charges for Services ..........................................................$1,124,397
Miscellaneous Revenue ................................................................................$397,008
Earnings on Investments............................................................................$204,000
Licenses and Permits ........................................................................................$10,000
GENERAL FUND
EXPENDITURE — TYPE $48,613,295
Salaries & Benefits ...................................................................................$39,210,713
Other Purchased Services .....................................................................$4,364,782
Materials, Supplies, & Equipment .................................................$2,644,176
Capital Outlay ...................................................................................................$1,953,567
Miscellaneous Other .......................................................................................$440,057
GENERAL FUND
EXPENDITURE — DI V ISION $ 48,613,295
Operations.........................................................................................................$30,831,984
Support ....................................................................................................................$7,880,742
Administration ..................................................................................................$3,799,465
Fire Prevention & CRR .............................................................................$2,990,859
Training ...................................................................................................................$2,890,550
Grants/Projects ....................................................................................................$219,695
Apparatus Replacement .........................................................................$ 2,807,979
Major Facility Remodel & Builds ......................................................$ 250,000
CAPI TAL PROJEC TS
FUND BUDGE T $3,05 7,97 9
Underspend
Underspent by $1,536,524
3.16% of the Budget
Reserves
$16.3 Million
PFA maintains unassigned reserves ($8.4 million) for two
main purposes: as backup funds for essential operations
like payroll, and to fund major projects like new apparatus
or facilities. While certain minimum amounts must be saved
due to regulations, the extra funds may be used for these
purposes with Board approval. The remainder of the
reserves are restricted or assigned for specific uses.
*Fiscal year 2024 figures are unaudited and subject to change
due to possible prior accruals through February 2025.
Page 29
Item 2.
PFA 2024 ANNUAL REPORT | 7
FLEET
The new Tower 1, Engine 2, Engine 10, and Brush 7 are
expected to go into service in 2025. The current Tower 1
and Engine 2 will become reserves. Brush 7 will become
a reserve and the out-of-district Wildland Type 3
deployment apparatus. Engine 10 will be sold. These
pieces of PFA’s fleet will feature the newer red design.
25-1 FIRE ACADEMY
The 25-1 Fire Academy will run from March 3rd to July 3rd, with 11 recruits participating. The core structure
remains the same, which includes over 800 contact hours, ensuring a comprehensive and immersive
training experience for PFA’s newest members.
Year In Review
Looking Ahead
STATION 7 OPENING
The new PFA Fire Station 7 is expected to open in April
2025. The current station is approaching 50 years old
and is ready for retirement. The new facility will be home
to responders specializing in fire, medical, rope rescue,
and water rescue along with the specialized resources
needed for each response. We look forward to welcoming
the community into the facility during an open house and
celebration once it is complete.
TOTAL INCIDENTS 25,2 76
Rescue & Emergency Medical Service Calls ...................................17,135
Good Intent Calls .............................................................................................................2,978
General Service Calls ................................................................................................2,060
False Alarm & False Calls .......................................................................................1,552
Special Incident Calls.......................................................................................................579
Hazardous Conditions (No Fire)................................................................................566
Fire ........................................................................................................................................................378
Severe Weather & Natural Disasters ..................................................................15
Overpressure Ruptures, Explosions, Overheat (No Fire).....................13
Page 30
Item 2.
See even more in our Annual Report online.
PFA Provides The Following Services To Our Community
Technical Rescues Wildland Fire ResponseHazMat ResponseFire Protection Services Fire InvestigationsFire Suppression Volunteer Firefighter ProgramEmergency Medical Response Public Affairs and EducationInspection Services
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FIRE DEATHS
Four people lost their lives to fire in 2024. Three
teenagers died in a car crash that resulted in a fire,
and an older man died in a home fire caused by the
overuse of an electrical source. PFA’s jurisdiction
exceeds in safety in many ways; we offer extensive
community education, building plan reviews, fire
suppression system inspections, and fast response
times, yet even here we are not immune from loss
caused by fire. Please take a moment to acknowledge
these four people and do something to make your
home safer today; check your smoke alarm, create a
fire escape plan, clean hazardous materials out of
your garage, learn hands-only CPR, or study
fire safety resources.
Page 31
Item 2.
5499326.4
SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE POUDRE FIRE AUTHORITY
THIS SECOND AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT (“Agreement”) is entered into pursuant to Sections 29-1-203 and -203.5 et seq.,
C.R.S., by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation,
hereinafter referred to as the "City", and THE POUDRE VALLEY FIRE PROTECTION
DISTRICT, Larimer County, State of Colorado, hereinafter referred to as the "District". This
Agreement is effective at 12:00 am on January 1, 2025 (“Effective Date”). No provision in this
Agreement or the attached exhibits shall apply to the 2024 fiscal year. The 2024 fiscal year, and
all requirements, processes, and procedures associated with the 2024 fiscal year, are governed
solely by the provisions of the July 15, 2014 Amended and Restated Intergovernmental Agreement
Establishing The Poudre Fire Authority and the exhibits attached thereto, which shall remain in
full force and effect through 11:59 pm on December 31, 2024, at which date and time such
agreement shall terminate for all purposes. The City and the District are referred to collectively
as the “Parties” and individually as a “Party.”
WITNESSETH:
WHEREAS, the Parties to this Agreement have entered into previous intergovernmental
agreements providing for the formation of an independent governmental entity for the purpose of
providing fire protection and related services, as noted in such previous intergovernmental
agreements, within the respective territorial limits of the Parties, which entity is known as the
POUDRE FIRE AUTHORITY; and
WHEREAS, those previous agreements, as amended, have been mutually beneficial in
providing a higher degree of protection to persons and property within the respective territorial
limits of the Parties; and
WHEREAS, the Parties believe their interests will be best served by the City providing the
POUDRE FIRE AUTHORITY with certain support services, and the POUDRE FIRE
AUTHORITY providing certain support services to the City, which are more specifically
described on the attached “Exhibit B,” which is incorporated herein by this reference. In addition,
the Parties believe that the City Attorney is capable of providing to the POUDRE FIRE
AUTHORITY a portion of the legal services required by the POUDRE FIRE AUTHORITY
pursuant to the terms of this Agreement and Exhibit B, and the City Council consents to such
appointment by the POUDRE FIRE AUTHORITY; and
WHEREAS, the Parties desire to provide for the continued existence of the POUDRE FIRE
AUTHORITY, and to amend and restate in full all previous intergovernmental agreements
regarding the establishment and operation of the POUDRE FIRE AUTHORITY.
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NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the Parties as follows:
ARTICLE I
GENERAL PROVISIONS
1.1. Term of the Agreement. The term of this Agreement shall commence on the
Effective Date and shall continue until terminated by one or both of the Parties as herein provided.
In addition to the option to terminate for non-appropriation as described in Section 5.4., below,
this Agreement may be terminated effective 11:59 p.m. on December 31 of a calendar year by
either Party providing a minimum of 24 months’ prior written notice of termination to the other
Party. The Parties agree to review and consider amendments to this Agreement and related exhibits
resulting from changes in policy, practice, or law every eighth year, such review to begin on
January 1 and completed by September 1 of that year.
1.2. Poudre Fire Authority. The existence of the independent governmental entity
known as the "POUDRE FIRE AUTHORITY", hereinafter referred to as the "Authority", created
by the intergovernmental agreement of the Parties dated December 22, 1981, as such agreement
was amended thereafter, is hereby continued. The Authority is an independent governmental entity
separate and distinct from the City and the District. The Authority may provide, either directly or
by contract, fire protection, emergency medical, extrication/rescue and ambulance services,
enforcement of fire prevention codes, hazardous materials response, and other emergency services
typically provided by a public fire department and that may be provided by a fire department under
the City Charter and by a fire protection district organized pursuant to Article 1, Title 32, C.R .S.,
within the respective territorial limits of the Parties (collectively, the “Fire Rescue Services”).
1.3. Nature of the Authority. The Authority is a political subdivision of the State of
Colorado, formed in conformity with the provisions of Sections 29-1-203 and -203.5, C.R.S. and
the provisions of those statutes apply to the Authority. In carrying out its purposes, the Authority
will observe and comply with statutes and laws applicable to the District and the City, including,
but not limited to Parts 1, 5, and 6 of Article 1, Title 29, C.R.S., regarding budget preparation,
accounting, and auditing; and Part 4 of Article 6, Parts 2 and 3 of Article 72 as applicable to the
Authority, and Articles 6 and 10 of Title 24, C.R.S., regarding open meetings, open records,
criminal justice records, and governmental immunity. The Parties intend that the Authority is not
considered a “district” subject to Article X, Section 20 of the Colorado Constitution. The Authority
boundaries shall consist of the combined territorial boundaries of the Parties.
1.4. Governing Board. The Authority shall be administered by a governing Board of
five (5) members, hereinafter referred to as the "Board." All legislative power of the Authority is
vested in the Board. The City shall appoint two (2) members and the District shall appoint two (2)
members. The fifth member shall be appointed at the first regular meeting of the Board in February
of each year by majority vote of the four other members as appointed by the City and District. If
the vote results in a tie, the Mayor of the City and the President of the District Board shall have
authority to appoint the fifth member.
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A. All appointees and terms of appointment shall be at the discretion of the
appointing entity; provided that the fifth member shall be appointed and
serve as provided in the first paragraph of this Section 1.4.
B. All vacancies on the Board shall be filled by the appointing entity ;
provided that a vacancy in the fi fth member position shall be filled as
provided in the first paragraph of this Section 1.4.
1.5. Meetings of the Board. All Board meetings shall be open to the public and shall be
conducted in compliance with the Colorado Sunshine Law. The following provisions shall be
deemed automatically amended to conform to any changes to the Colorado Sunshine Law after the
Effective Date of this Agreement without the need for the Parties to formally approve an
amendment to this Agreement.
A. Format of Meetings. The Board may, in its discretion, conduct any regular
or special Board meeting (including any study session): (1) at a physical
location; (2) at a physical location with remote electronic attendance
availability; or (3) electronically. User access information for any Board
meeting conducted under (2) or (3) shall be included on the Board meeting
notice and agenda or otherwise made publicly available.
B. Regular Meetings. No later than its first regular meeting of each year, the
Board shall designate the time and place for all regular Board meetings for
the year and designate a public place within the Authority where notice of
the meetings will be posted if notice cannot be accomplished on the
Authority’s website. Notice of a regular meeting and specific agenda
information to the extent possible shall be posted at least 24 hours prior to
the meeting on the Authority’s website or at the designated public place if
notice cannot be accomplished on the Authority’s website.
C. Special Meetings. Special meetings may be held as often as the Authority’s
needs may require. Special meetings may be called by the Chair, or by two
Directors, upon not less than twenty-four (24) hours prior written notice to
the other Directors, which notice shall also be posted to the Authority’s
website or at a designated public place within the Authority where notice of
a meeting will be posted if notice cannot be accomplished on the
Authority’s website. A "work session" constitutes a special meeting at
which no formal Board action may be taken.
D. Emergency Meetings. Emergency meetings may be called by the Chair, or
two Directors, in the event of an emergency that requires the immediate
action of the Board to protect the health, safety, and welfare of the public
without notice to the public if notice is not practicable. If possible, notice of
such emergency meeting may be given to the other Board members by
telephone or whatever other means are reasonable to meet the circumstances
of the emergency. At such emergency meeting, any action within the power
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of the Board that is necessary for the immediate protection of the health,
safety, and welfare of the public may be taken; provided, however, that any
action taken at an emergency meeting shall be effective only until the next
Board meeting, regardless of whether it is a regular or special meeting, at
which meeting the emergency issue shall be on the public notice of the
meeting. At such subsequent meeting, the Board may ratify any emergency
action taken. If any emergency action taken is not ratified, then it shall be
deemed rescinded as of the date of such subsequent meeting.
1.6. Minutes. The Secretary shall cause all minutes of the Board meetings to be kept
and shall, prior to the next meeting, provide a draft of the minutes to each Board member for
consideration at the next meeting.
1.7. Voting; Quorum; Required Votes. Each Board member shall have one (1) vote. A
quorum of the Board shall consist of three (3) Board members, provided that the City and the District
are represented by at least one of their appointees. No official action on any matter may be taken by
the Board unless a quorum is present. Unless otherwise required by law, the affirmative votes of a
majority of the Board members present shall be required for the Board to take any action.
1.8. By-laws. The Board may adopt such by-laws, rules, and regulations as it deems
necessary or appropriate for the conduct of its meetings and affairs.
ARTICLE II
OFFICERS AND EMPLOYEES
2.1. Chair, Vice Chair, and Secretary. The Board shall elect a Chair and Vice Chair from
its members, and shall appoint a Secretary who may, but need not, be a Board member. Said
officers shall perform the duties normal for said offices, including the following:
A. The Chair shall sign all contracts on behalf of the Authority, except
contracts or agreements that may be signed by the Authority’s Fire Chief,
as herein provided, and shall perform such other duties as may be imposed
by the Board.
B. The Vice Chair shall perform all of the Chair's duties in the absence of the
Chair.
C. The Secretary shall attest to all contracts signed on behalf of the Authority
and perform such other duties as may be imposed by the Board.
2.2. Management. The Board shall appoint a Fire Chief to manage the Authority. The
Fire Chief shall assume responsibilities of the Fire Chief for both Parties pursuant to this
Agreement. Subject to the supervision of the Board and the powers specifically reserved to the
Board as described in Article III of this Agreement, the Fire Chief shall have all powers and
authorities provided for a municipal fire chief an d a fire chief under Section 32-1-1002, C.R.S.,
and shall oversee and manage all business and affairs of the Authority, including the operation ,
maintenance, management, administration, and provision of all facilities, improvements,
•
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equipment, services, and personnel, in the manner typically associated with a fire and emergency
rescue agency for which the fire chief has been delegated authority by the governing body to
manage all aspects of the agency, including the authority associated with a chief executi ve,
administrative, and operational officer. Without limiting the foregoing, the Fire Chief shall have
the power:
A. To provide for the planning, design, and construction of any buildings, and
the additions or improvements to the facilities owned by the Authority.
B. To execute any contract for capital costs, costs of special services,
equipment, materials, supplies, maintenance, or repair that involves any
Authority expenditure of less than One Hundred Thousand Dollars
($100,000), providing such expenditure is within budget. This expenditure
limit will be increased or decreased every five years as determined using
the Bureau of Labor Statistics' CPI Inflation Calculator for the Denver-
Aurora-Lakewood Consumer Price Index for Urban Consumers, or any
successor index. Such adjustment will be made by the Board.
C. To employ all personnel of the Authority required for the provision of Fire
Rescue Services and maintenance and operation of all facilities and to make
such personnel decisions as he or she deems appropriate, including without
limitation, decisions as to organization, staffing levels, deployment,
promotions, demotions, discipline, and termination.
D. To employ all personnel required in connection with the planning, design,
and construction of any buildings, additions or improvements to the
facilities owned by the Authority.
E. To expend funds and enter into contracts, whenever required, for the
immediate preservation of the public health, safety, and welfare, provided
that the amount of funds involved does not exceed one percent (1%) of the
annual budget of the Authority for the year in which the funds are expended
or the contract is made.
F. To dispose of by sale any personal property of the Authority with a value
of less than Fifty-Seven Thousand Dollars ($57,000). This sale limit will be
increased or decreased every five years as determined using the Bureau of
Labor Statistics' CPI Inflation Calculator for the Denver-Aurora-Lakewood
Consumer Price Index for Urban Consumers, or any successor index. Such
adjustment will be made by the Board.
G. To approve payroll payments and to approve other payments by the
Authority, provided such other payments are within budget and an
individual payment does not exceed One Hundred Thousand Dollars
($100,000). This payment limit will be increased or decreased every five
years as determined using the Bureau of Labor Statistics' CPI Inflation
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Calculator for the Denver-Aurora-Lakewood Consumer Price Index for
Urban Consumers, or any successor index. Such adjustment will be made
by the Board.
H. To prepare and submit to the Board an annual operating budget for the next
fiscal year in accordance with the budget schedules of the City and District.
I. To adopt general operating guidelines, including but not limited to policies
and procedures on non-personnel matters, operating policies, and inspection
policies, as deemed appropriate by the Fire Chief.
J. To generally supervise the acquisition, construction, management,
maintenance, and operation of the Authority's facilities and personnel.
K. To negotiate with labor groups as may be required by state law or authorized
by the Board.
L. To negotiate with a provider of ambulance services dispatched through the
City’s public safety answering point (PSAP) within the Authority’s service
area, including but not limited to, an exclusive service agreement,
performance standards, and other provisions as deemed appropriate, to be
approved by the Board.
M. To conduct procurement and purchasing processes consistent with the
City’s administrative procurement policies and procedures, unless excepted
from those policies and procedures by the Board.
N. To provide an Annual Report in the second quarter of each year regarding
the activities and accomplishments of the Authority, and to present such
report to the City Council and District Board at a joint meeting, for the
purpose of reviewing annual performance measurements and metrics, goals,
actual spending to budget, benefits to the communit y related to strategic
outcome goals, operational efficiency, productivity improvements, and
issues of concern to the Authority, the District, and the City. The Authority
also shall provide the community with regular updates throughout the year
related to its performance, as measured by relevant performance metrics,
including analysis of effectiveness in meeting community service needs.
O. To appoint or engage the City Attorney for the City of Fort Collins to serve
as legal advisor to the Authority on the matters specified in Exhibit B
attached hereto, subject to the requirements of Section 9.7.
P. To perform such other duties as directed by the Board and report to the
Board at such times and on such matters as the Board may direct.
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2.3. Legal Advisor. The Board shall have the power to appoint, through a competitive
selection process as determined by the Board, an attorney to provide legal services to the Authority.
2.4. Other Employees. The Board shall have the power to appoint and employ such
other persons, agents, and consultants for the purpose of providing professional, technical, or
consulting services as may be necessary for the purposes of this Agreement.
ARTICLE III
POWERS OF THE AUTHORITY
3.1. General Powers. The Authority shall exercise, in the manner herein provided, the
powers lawfully authorized to each of the Parties, as provided by the laws of the State of Colorado,
and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes
of this Agreement as provided herein. The Authority’s powers shall be exercised by the Board
unless otherwise designated by this Agreement, applicable law, or delegation of the Board. The
Authority shall not have the power to levy taxes or exercise the power of eminent domain.
3.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers including, but not limited to, the following:
A. To make, and enter into, and perform contracts of every kind as authorized
by law with other governmental entities, the State of Colorado, or any
political subdivision thereof, the United States, or any political subdivision
thereof, and any individual, firm, association, partnership, corporation, or
any other organization of any kind.
B. To employ all necessary personnel.
C. To acquire, construct, manage, maintain, and operate any buildings, works,
improvements, or other facilities.
D. To acquire, hold, or dispose of property.
E. To sue and be sued in its own name.
F. To issue bonds, notes, or other financial obligations (collectively,
“Financial Obligations”) payable solely from revenue derived from one or
more of the Authority’s functions, services, systems, or facilities, from
money received under contracts entered into by the Authority, or from other
available money of the Authority. The Authority shall set forth the terms,
conditions, and details of the Financial Obligations, including related
procedures and refunding conditions, in a resolution authorizing the
Financial Obligations. Financial Obligations issued by the Authority are not
an indebtedness of the Parties within the meaning of any provision or
limitation specified in the state constitution or law. Each Financial
Obligation must state in substance that it is payable solely from the revenues
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and other available funds of the Authority pledged for the payment thereof
and that it is not a debt of the Parties within the meaning of any provision
or limitation specified in the state constitution or law. The Financial
Obligations may be issued to mature at such times not beyond forty years
from their respective issue dates, shall bear interest at such rates, and shall
be sold at, above, or below the principal amount thereof, at a public or
private sale, all as determined by the Authority Board. Interest on any
Financial Obligation is exempt from taxation except as otherwise may be
provided by law. The resolution, trust indenture, or other security agreement
under which Financial Obligations are issued is a contract with the holders
thereof and may contain such provisions as the Authority determines to be
necessary and appropriate and to provide security for the payment thereof,
including, without limitation, any mortgage or other security interest in
revenue, money, rights, or property of the Authority.
G. To apply for, accept, receive, and disperse grants, loans, and other aid from any
governmental entity or political subdivision thereof.
H. To invest any unexpended funds that are not required for the immediate
operation of the Authority, as the Board determines is advisable, in
accordance with the laws of Colorado; provided however, that such
investment management and cash management services will be provided by
the City through its Finance Department.
I. To administer and enforce the Fire Code adopted by the City and District,
and as adopted or consented to by other municipalities and counties within
the Authority’s service area.
J. To provide ambulance services directly or through a contract with an
ambulance services provider, that are dispatched through the City’s public
safety answering point (PSAP) within the Authority’s service area through
any lawful means, including but not limited to an exclusive service
agreement, performance standards, or other provisions as deemed
appropriate by the Board.
K. To adopt bylaws, rules, and regulations respecting the exercise of its powers
and carrying out of its purposes.
L. To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the Authority in the manner provided by law.
M. To own, operate, and maintain real and personal property and facilities in
common with others, and to conduct joint, partnership, cooperative, or
operations with others, and to exercise all the powers granted herein in joint,
partnership, cooperative, or other operations with others.
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N. To act as agent on behalf of the Parties with regard to the functions and
services described hereinabove and any existing contracts and agreements
between either or both of the Parties or any other party, to the extent
permitted by law and the terms of such contracts and agreements.
O. To carry out all provisions of this Agreement.
ARTICLE IV
ORGANIZATIONAL PROCEDURE
4.1. Delegation of Powers, Duties, and Responsibilities.
A. Each Party delegates to the Authority the power, duty, and responsibility to
maintain, operate, manage, and control all of the Fire Rescue Services
facilities, equipment, resources, and property of the Authority, including
without limitation, all fire stations, land, buildings and firefighting,
emergency medical and rescue equipment, and to employ the necessary
personnel and do any and all other things necessary or desirable to provide
continued efficient and economical Fire Rescue Services to all persons and
property within the respective territorial limits of the Parties, which area
shall be considered the jurisdiction of the Authority.
B. The Authority is hereby empowered to provide Fire Rescue Services to
persons and property outside the Authority’s jurisdiction by agreement in
exchange for payment or reciprocal services, as long as such additional
services can be provided through the use of existing facilities, equipment,
resources, and personnel of the Authority.
4.2. Personnel. The Board shall adopt the rules, regulations, and procedures necessary
for the governance of the Authority’s personnel, which the Fire Chief shall implement and enforce
through the establishment of such policies, procedures, rules, orders, and directives as the Fire
Chief determines are necessary or appropriate.
4.3. Authority Fund. The Board shall establish such funds as it deems appropriate to
account for all financial transactions of the Authority in accordance with generally accepted
accounting principles.
ARTICLE V
BUDGET; MAINTENANCE AND OPERATION
COSTS; OTHER COSTS
5.1. Annual Budget.
A. The Board shall adopt a preliminary budget for maintenance and operation
costs, capital costs, and costs of other services in accordance with the budget
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schedules of the City and the District, which budget may be amended from
time to time based on changes in revenue projections made by the City and
the District. The Board shall submit the budget to the respective governing
bodies of the Parties. The budget shall become the Authority budget only
after approval of the appropriations by the respective governing bodies and
final approval by the Board.
B. The Parties’ financial contributions for the funding of the Authority shall be
determined by the Revenue Allocation Formula, hereafter referred to as the
“RAF,” as set forth in “Exhibit A,” attached hereto and incorporated by this
reference.
C. The City will provide the Authority with an annual forecast of the City base sales
and use tax and City property tax described in Exhibit A in April and August of
each year. The City will calculate the budgeted City base sales and use tax and
budget City property tax amounts as part of the annual budget appropriation. The
City’s financial contributions for the funding of the Authority will reflect the
actual amounts collected by the City each month.
D. In January of each year, the City will, based on the maximum and minimum
bands described in the table set forth in Exhibit A, reconcile the actual amounts
collected in the prior year and adjust the City’s annual financial contribution
to the Authority for that year.
E. The Board shall present requests for supplemental appropriations to the
respective governing bodies of the Parties. For the purposes of this
Agreement, "supplemental appropriations" shall mean any appropriation
made above and beyond the annual appropriation made during the
budgetary process.
F. The Board shall have the power to reappropriate funds within the balance
of one or more funds for whatever purpose the Board deems appropriate or
necessary without approval of the City or District. Such reappropriations
shall be made only at meetings of the Board held after proper notice has
been given, according to the bylaws of the Authority.
5.2. Records and Accounts. Through the City’s Finance Department, the Authority shall
provide for the keeping of accurate and correct books of account, showing in detail the capital costs,
cost of services, maintenance and operating costs, and all financial transactions of the Authority
which books of account shall correctly show any receipts and also any costs, expenses, or charges
paid to or to be paid by each of the Parties. Said books and records shall be open to inspection at
all times during normal business hours by any representative of either Party or by the accountant or
other person authorized by either Party to inspect said books or records. The Board shall provide for
the auditing of all books and accounts and other financial records of the Authority on an annual basis
in accordance with the Local Government Budget Law of Colorado, utilizing the same certified
public accountant as is used by the City in the auditing of its financial records. The results of said
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audit shall be submitted to the City and the District not later than thirty (30) days after receipt by
the Board.
5.3. Payment of Costs. The City shall pay the Authority monthly, and the District shall
pay the Authority quarterly, in advance, its allocated share of the total budgeted annual costs and
expenses. The Board is authorized to approve other arrangements for payments by the City and the
District, provided the financial security of the Authority is not impaired. In addition to supplemental
appropriation requests, the Board is authorized to request amounts in excess of any regular payment
for the costs and expenses of the Authority, provided the total annual allocation does not exceed the
estimated share of costs and expenses for either Party to this Agreement. The Authority shall make
available to each of the Parties a final detailed statement of the final costs and expenses for the fiscal
year allocated in the same manner as estimated expenses were allocated, as soon as possible after the
close of each fiscal year.
5.4. Sources of Funds. Each Party shall provide the funds required to be paid by it to
the Authority under this Agreement from any source of funds legally available to such Party for
such purpose. All financial obligations of the City and the District incurred pursuant to this
Agreement are expressly contingent upon the actual appropriation of funds by each Party. Upon
an event of non-appropriation by either Party, that Party may terminate this Agreement effective
as of the last day of the year in which funds have been appropriated by such Party. If one Party has
appropriated funds when the other has not, the Party that has appropriated funds may, in its sole
discretion, terminate this Agreement effective as of the last day of the year in which funds have
been appropriated by both Parties, or choose to continue this Agreement in effect, in which case
the Authority shall adjust the level of service consistent with the revenues available from the
appropriating Party. If both Parties fail to appropriate funds under this Agreement, unless
otherwise agreed to by the Parties, this Agreement shall terminate effective as of the last day of
the year in which funds have been appropriated by both Parties.
ARTICLE VI
SERVICES
6.1. Provision of Professional, Administrative, and Support Services.
A. The City shall provide to the Authority those professional, administrative,
and support services described in Section I. of Exhibit B to this Agreement.
The Authority shall provide to the City the support services described in
Section II. of Exhibit B to this Agreement. The annual cost of the support
services described in Exhibit B to this Agreement shall be adjusted annually
for inflation using the Bureau of Labor Statistics’ CPI Inflation Calculator
for the Denver-Aurora-Lakewood Consumer Price Index for Urban
Consumers, or any successor index. The net annual balance for each year
will be determined at the time of the annual budget appropriation for the
ensuing fiscal year, then divided into twelve equal monthly amounts and
either added to, or deducted from, the ensuing fiscal year’s RAF City
Annual Contribution amount to be transferred to the Authority. The
transfers will take place monthly.
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B. The City and the Authority shall each appoint an administrator, who must
be knowledgeable about the terms of this Agreement and the services
provided, and who must ensure compliance with the terms of Article VI and
Exhibit B of this Agreement. The City’s Chief Financial Officer will
appoint a designee in writing to serve in the administrator role for the City.
The Authority Board will appoint a designee to serve as the administrator
for the Authority Board. The responsibilities of the administrators shall
include, but not be limited to, the following:
1. Ensure adequate levels of the services described in Article VI and
Exhibit B of this Agreement.
2. Provide clarity around standard operating procedures and systems
requirements for the services described in this Agreement.
3. Ensure City-established standard operating procedures and system
requirements are being followed.
4. Meet regularly to discuss alignment of the Authority’s policies,
operating systems, procedures, benefits, and tools with the City’s.
5. Adjust annual charges in correspondence with the changing complexity
of fulfilling the services described in Section VI and Exhibit B of this
Agreement.
6. Use good faith efforts to resolve disputes relating to the services
described in Article VI and Exhibit B of this Agreement. If the
administrators cannot resolve the dispute, the City Manager and the Fire
Chief shall meet within 30 days of the administrators’ notifying them of
the unresolved dispute to consider the matter and come to a mutually
agreeable resolution.
7. Meet on a quarterly basis to discuss budget and actual costs for services
described in Article VI and Exhibit B, as well as budget and actual
revenues described in Exhibit A, of this Agreement.
8. Determine whether specific services within the categories of services
established in Article VI and Exhibit B of this Agreement (“Established
Category(ies)”) should be modified or new services added to, or existing
services removed from, an Established Category. The Parties hereby
authorize the administrators to modify services within the Established
Categories, or to add new services to or remove services from the
Established Categories, with the approval of the City Manager and the
Fire Chief, subject to appropriation of necessary funds. Such actions
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shall be in writing and signed by the Administrators, the City Manager,
and the Fire Chief, and, upon such execution, shall constitute an
amendment to this Agreement without the need for the Parties to
formally approve the amendment. Each administrator must advise the
other administrator by October 31 of each year about planned or
potential changes to services for the upcoming year. Any such
communication must identify the changes to the services and the
affected Established Category(ies).
ARTICLE VII
OWNERSHIP OF PROPERTY
7.1. Real and Personal Property. The Authority shall continue to hold all right, title,
and interest in any and all real property and personal property transferred to the Authority by the
City or the District or acquired by the Authority since January 1, 1982 for the purpose of providing
Fire Rescue Services, unless such property is disposed of in compliance with the terms of this
Agreement.
7.2. Asset Inventory Schedules. The Authority shall maintain separate asset inventory
schedules for any and all property transferred from the City or the District which remains under
the ownership of the Authority, as well as any and all property acquired by the Authority since
January 1, 1982.
ARTICLE VIII
TERMINATION
8.1. Disposition of Assets. Upon termination of this Agreement pursuant to paragraphs
1.1. or 5.4., above, the assets of the Authority shall be disposed of as follows:
A. All assets acquired by the Authority from contributions from the Parties
shall be returned to the contributing Party if said assets are still owned by
the Authority.
B. If assets contributed to the Authority are not in existence, the contributing
Party shall have the option of receiving the fair market value of the asset at the
time of disposal by the Authority in either cash (if available) or assets of the
Authority acquired from funds provided by the Parties.
C. All remaining assets acquired by the Authority after January 1, 1982, from
funds provided by the Parties shall be distributed to the Parties on the basis
of the appraised value of said assets at the time of termination and in the
same proportion as the respective contributions of funds by the Parties for
acquisition of the assets over the life of this Agreement.
D. The Parties may agree to dispose of any assets of the Authority in any other
acceptable manner.
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E. If the Parties cannot agree on the disposition of certain assets of the
Authority, said assets shall be subject to an independent appraisal and shall
be sold at public auction with the proceeds allocated to the Parties in the
same proportion as the respective contributions of funds by the Parties for
acquisition of the asset.
8.2 Pension Funds. For those active firefighters who are members of the Fire and
Police Pension Association (“FPPA”) statewide retirement pension plan, each Party shall become
the successor “sponsor” for those active firefighters that it hires and retired members for whom it
assumes the plan responsibilities and financial liabilities. Except as permitted in an Affiliation
Agreement reached between the City and the Authority in September of 2020, for any 401(a) or
457 retirement plan sponsored by the Authority, the Party that hires the greatest number of active
employees who participate in the plan shall take such actions as are necessary to become the
successor sponsor of the plan and the other Party shall take such actions as are necessary to become
a Participating Employer under the plan.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1. Notices. Any notice required or permitted hereunder shall be in writing and shall
be given by United States mail, postage prepaid to:
CITY: City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
DISTRICT: Chair of the Board
Poudre Valley Fire Protection District
102 Remington Street
Fort Collins, Colorado 80524
9.2. Consent. Whenever any provision of this Agreement requires consent or approval of
the Parties, the same shall not be unreasonably withheld.
9.3. Amendments. Except as provided in Section 6.1(B)(5) and (7), this Agreement,
including its exhibits, may only be amended in writing, by the Parties.
9.4. Severability. In the event any provision of this Agreement is determined to be
illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force
and effect unless and until otherwise determined. The illegality of any provision of this
Agreement shall in no way affect the legality and enforceability of any other provision of th is
Agreement.
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9.5. Successors. This Agreement shall be binding upon and shall inure to the benefit of
the successors of the Parties.
9.6. Assignment and Delegation. A Party shall neither assign any of the rights nor
delegate any of the duties created by this Agreement without the written consent of the other
Party.
9.7. Legal Services. On August 15, 2015, the City and the Authority entered into an
intergovernmental agreement regarding the provision of legal services to the Authority by the
City Attorney’s Office (“Legal IGA”). The Parties agree that the terms of this Agreement
supersede the Legal IGA and that the Legal IGA is no longer in effect on January 1, 2025. The
Parties authorize the Fire Chief to engage the City Attorney for any of the purposes described in
Exhibit B if the following conditions are met:
A. While providing such services, the City Attorney and those members of the
City Attorney’s staff designated by the City Attorney to provide the legal
services shall remain at all times City employees.
B. The City Attorney determines that the City Attorney’s Office has the
capacity and resources to handle a particular matter.
C. The City Attorney and the Fire Chief agree that the subject matter is not
more appropriately handled by other legal counsel.
D. The provision of such legal services is consistent with the Colorado Rules
of Professional Conduct.
E. Any informed written consent to the provision of such services may be
provided by the Fire Chief.
9.8. No Third Party Beneficiaries. This Agreement is made for the exclusive benefit
of the Parties and shall not be construed to be an agreement for the benefit of any third party or
parties and no third party shall have a right of action hereunder for any cause whatsoever.
9.9. Execution. This Agreement may be executed in counterparts and by facsimile or
electronic pdf, each of which shall be deemed an original and together shall constitute one valid
and binding instrument.
[Signature Page Immediately Follows]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed on the
date hereinabove written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _____________________________________
Mayor
ATTEST:
_____________________________
Name: _______________ Title: _________________
APPROVED AS TO FORM:
____________________________
Deputy City Attorney
POUDRE VALLEY FIRE PROTECTION DISTRICT
By: __________________________________________
Chair
ATTEST:
___________________________
Secretary
APPROVED AS TO FORM:
___________________________
Counsel for District
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D Coldiron City Clerk
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Exhibit A
Funding Formula and Revenue Allocation Formula (RAF)
The City of Fort Collins (“City”) and the Poudre Valley Fire Protection District (“District”)
will each make annual contributions to the Poudre Fire Authority (“Authority”) according to
the following contribution calculations:
A. City Annual Contribution to the Authority per RAF:
Subject to the adjustments described below, the City will annually contribute to the
funding of the Authority the following amounts (the “City Annual Contribution”):
1. 13.235 percent of the City Base Sales and Use Tax (excluding sales and use tax
revenue which has been legally pledged for use only on specific projects and
debt obligations, or has otherwise been restricted or committed for a particular
use as a matter of law or contract); and
2. A sum equal to 67.5 percent of the operating mill levy of the City Property Tax;
and reduced by
3. The annual net cost of the Support Services provided by the City and the
Authority, as identified in Exhibit B.
“City Base Sales and Use Tax” and “City Property Tax” r efer to the actual amounts
received by the City for these relevant accounts. The City Contribution to the Authority
will reflect the actual amounts collected by the City each month.
The City will provide the Authority with annual forecasts of the City Base Sales and Use
Tax and the City Property Tax amounts. These forecasts will be provided by the City in
April and August. The City will then budget for anticipated City Base Sales and Use
Tax and City Property Tax revenue amounts as part of the annual app ropriation of the
budget in November of each year.
B. Limitations on City’s Contribution Amounts:
Annually, the City will reconcile the actual amounts collected and adjust the City Annual
Contribution based on the Upper Band (percentage above budget) and Lower Band
(percentage below budget) for each of the following:
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If any of the individual actual tax revenue amounts collected are within the band range,
no adjustment is necessary. If a tax revenue amount is above the annual upper band or
below the annual lower band, an adjustment will be made at year end to account for the
excess or shortage to return the City Annual Contribution to within the band percentage
amounts.
C. City Annual Contribution Calculation Examples:
The formula for determining the City Annual Contribution to the Authority will be
calculated as the sum of:
1. The defined percentage of City Base Sales and Use Tax revenue
2. PLUS, a defined percentage of City Property Tax revenue
3. LESS, the net cost of Support Services from Exhibit B (per annual
appropriated City budget and Authority budget in November)
4. The sum of which components equals the City Annual Contribution to the
Authority.
Upper Band (%
above Budget)
Lower Band (%
below Budget)
Sales Tax 3.0%-2.0%
Use Tax 6.0%-2.0%
Property Tax 2.0%-2.0%
Base Tax Percentage Contribution
Sales Tax 125,000,000$ 13.235%16,543,750$
Use Tax 16,500,000$ 13.235%2,183,775$
Total Sales and Use Tax 141,500,000$ 13.235%18,727,525$
Base Tax Percentage Contribution
Property Tax 33,000,000$ 67.500%22,275,000$
Less: Net Cost of Support
Services - Exhibit B (450,000)$
City Calculated Annual Contribution 40,552,525$
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D. Limits on Contribution Example:
In the example above the total Actual Contribution exceeds the total Actual Adjusted
Contribution as required by the limitation bands. Therefore, the following adjustment would
be required at year end:
E. Capital Improvement Expansion Fees:
The City has adopted capital improvement expansion fees for general governmental services,
including fire, to help defray the capital cost of ever-increasing demands to provide such
necessary capital improvements related to the provision of fire services in the City. The City
has established a separate account for the expansion fees, which shall be requested from the
Fort Collins City Council via an ordinance, and then appropriated by the Authority Board of
Directors for expenditure.
F. Annexations Adjustment:
In the event the City annexes properties included in the District, the City and District will work
cooperatively to ensure that service levels will be maintained through adequate funding
adjustments after the annexation has occurred. This will be achieved through adjustments to
the RAF sales and use tax percentage and/or the RAF property tax percentage, to ensure no
loss of revenue to the Authority. This adjustment will take place as of the end of the calendar
year in which the annexation occurs and in conjunction with the timing of the annual
reconciliation of contribution amounts described in Section B above.
G. URA/TIF/ Adjustments and Other Implications:
In the event of Urban Renewal Authority (URA) implementation of tax increment financing
(TIF) that materially affects the City Annual Contribution to the Authority or cost of service
to the Authority, the City and District will work cooperatively to ensure that service levels will
be maintained through adequate funding adjustments.
Limits on Contribution:
Budgeted
Contribution
Actual
Contribution Upper Band Lower Band
Actual Adjusted
Contribution
Sales Tax 16,543,750$ 16,750,000$ 17,040,063$ 16,212,875$ 16,750,000$
Use Tax 2,183,775$ 2,000,000$ 2,314,802$ 2,140,100$ 2,140,100$
Property Tax 22,275,000$ 23,000,000$ 22,720,500$ 21,829,500$ 22,720,500$
Support Services Costs (450,000)$ (450,000)$ N/A N/A (450,000)$
Total Contribution 40,552,525$ 41,300,000$ 41,160,600$
Actual
Contribution
Actual Adjusted
Contribution
Net Annual
Adjustment
Year-end Contribution
Adjustment Calculation 41,300,000$ 41,160,600$ (139,400)$
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All parties are committed to renegotiating the RAF, or City Annual Contribution amount, in
good faith in the event of other implications that affect the efficient implementation of the
RAF, or management of the Authority, in a fiscally prudent manner.
H. District Contribution.
The District will annually contribute to the funding of the Authority the revenue from the
following sources:
1. The District shall annually certify a mill levy (minimum 10.595 mills) pursuant to
state law, and 100% of the mill levy revenue, less reasonable administrative expenses
for the operation of the District, plus specific ownership tax, shall be contributed to
the funding of the Authority for any authorized purpose.
2. The District has intergovernmental agreements with Larimer County and the Town
of Timnath for the assessment, collection, and remittance of emergency services
impact fees on new development that is located within:
a. both the unincorporated portion of the County and the District, or that in the
future becomes located within the unincorporated portion of the County and
the District; and
b. the incorporated portion of the Town of Timnath and the District, or that in
the future becomes located within the incorporated portion of the Town and
the District.
3. The District impact fees are established to defray the impacts directly related to
development within the District. The District, via resolution, will transfer District
impact fees to the Authority on an as needed or requested basis.
I. Other Revenues
The Authority will generate other revenues for support of specific programs and services
through a variety of sources. The Authority is authorized to expend these funds with approval
of the Authority Board of Directors in the same manner as City and District funds are
allocated to Authority purposes.
These revenues will be the Authority’s alone and not revenue of either the City or the District.
These revenue sources may include such sources as:
1. Fee Revenue
a. Fire Prevention Bureau Fees.
b. Wildland Reimbursements or Fees.
c. Capital Expansion Fees imposed by the City and District and remitted to the
Authority.
d. Fleet Maintenance Program Fees.
e. Opticom Maintenance Fees.
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2. Miscellaneous Income.
3. Grant Revenue.
4. Federal, State, or County reimbursement for disaster assistance or other purposes.
J. General Provisions
If District or City funding of the Authority changes significantly, all parties commit to
renegotiating the IGA and the City and District contribution amounts in good faith.
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Exhibit B
Support Services Provided by the City
to the Authority and by the Authority to the City
I. Support Services Provided by the City to the Authority
Department
Service
Description
Emergency
Preparedness
and Security
Coordinated
emergency
services
• Coordinate emergency services on an as-needed basis.
• Consult and provide support for security services projects on a fee-
for-service basis. (CHARGED SEPARATELY)
Human
Resources
Retirement
Plan
Enrollment and
Administration
• Administer all City-sponsored retirement plans in the same manner
as provided to City employees including:
o Process new enrollments, changes, and off-boarding.
o Interpret plans, disseminate plan information, and answer
questions related to City-sponsored retirement plans.
• Administer ACA; process 1095’s and 1094’s.
• Provide GERP administration for existing participants.
• Coordinate with PFA on any existing non-City-sponsored retirement
plans. PFA will interpret plans, disseminate plan information, and
respond to questions that are specific to PFA plans, including FPPA.
• Any other services identified in an Affiliation Agreement previously
reached between the parties related to administration of retirement
plans.
Health and
Welfare
Benefit
Enrollment,
Administration,
and Wellness
Program
• Administer all City-sponsored health and welfare benefits in the
same manner as provided to City employees, including:
o Process new enrollments, open enrollment, changes, and off-
boarding.
o Interpret benefits, disseminate benefit information, and answer
questions.
• Health and Welfare Benefits will be charged at the same Per
Employee Per Month rate as City employees.
• Coordinate with PFA on the administration and processing of FPPA
Death and Disability benefits.
• Coordinate with PFA on the implementation of any non-City-
sponsored benefits.
• COBRA administration.
• Provide access to City Wellness programs, such as the Wellness Fair,
Health Screenings/Blood Draws, and flu shots, in the same manner as
provided to City employees.
• Personal enrichment classes and other Wellness programs are only
available if PFA participates in the HR Talent Management System at
the negotiated rate, and we would need to do a calculation of staffing
capacity requirements and costs similar to the funding model for the
Library, recognizing we do not presently have the capacity today.
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Training
(OPTIONAL)
• PFA may choose to opt into City training but to do so they must
participate in the HR Talent Management System at the negotiated
rate. This will make it possible for PFA to search and sign up for
trainings. PFA employees may then participate in trainings and
would pay a per participant fee. (CHARGED SEPARATELY)
Job Posting • Link from City employment website to Authority’s employment
website positions.
Records and
Human
Resources
Information
Systems
• PFA is responsible for ensuring accuracy of employee data required
by the City using established formats, following the Payroll schedule,
to administer their programs and services. Once the City enters the
data, PFA is accountable for auditing for accuracy.
• Process and maintain employee data in ERP system.
• Maintain personnel files needed to process payroll and benefits. PFA
will serve as the official record keeper for their employees.
• Process unemployment claims.
• Process data uploads using City-provided templates.
• Maintain and enter pay grade tables and pay increase updates using
City-provided templates.
• Provide standard employee data to PFA from the ERP system as is
accessible by other City departments.
• Coordinate with PFA on implementation of any non-City-sponsored
personnel needs, such as payroll types.
• Provide the EEO report from JDE. PFA submits the filing with the
EEOC.
Financial
Services
Payroll
Administration
• Provide payroll services in the same manner as provided to City
employees, including:
o Process new enrollments, open enrollments, and employee exits.
o Process employee garnishments.
Accounting • Provide accounting services in the same manner as provided to the
City, including:
o Accounts payable.
o Purchasing cards.
o General accounting support.
o Maintain financial records and asset inventory.
• Provide master schedules, templates, workbooks and other tools in
timely fashion to support completion of year-end financial reporting
requirements.
• Per Section 5.2 of the Agreement, annual financial audit by same
auditor as contracted by the City. (CHARGED SEPARATELY)
Banking,
investments,
and cash
management
• Manage investments with the City’s investment pool.
• Provide banking and cash management services.
Safety & Risk
Management
• DOT Pool Compliance management and compliance.
• Provide office ergonomics reviews for Authority office employees.
• Safety glasses program.
• Coordinate property and liability insurance renewals by same
provider as contracted by the City. (CHARGED SEPARATELY)
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Purchasing • Provide accounting services in the same manner as provided to the
City, including:
o Purchasing advice.
o Issuing purchase orders.
o RFP/Bid creation and coordination.
o Service Agreements/Contracts.
City Give • Provide general support for donation management in the same
manner as provided to City departments and in accordance with
established processes and procedures.
• Provide support for specific capital campaigns by request, in the
same manner and charged at the same rate as City departments.
(CHARGED SEPARATELY)
Grant
Administration
• Provide grant administration support services in accordance with
established processes and procedures.
Operations
Services
Fleet • Access to Fleet service in the same manner and charged at the same
rate as City departments, including:
o Vehicle fueling.
o Pool vehicle rentals.
o Vehicle repair.
(CHARGED SEPARATELY)
Facilities
• Access to Facilities service in the same manner and charged at the
same rate as City departments, including:
o Facility repairs.
o Preventive maintenance on HVACs, A/Cs, furnaces.
o Project management for larger projects
o Real estate services. (CHARGED SEPARATELY)
• Service contacts (advice on who to call).
• Environmental monitoring.
Polices
Services
Dispatch • Provide dispatch services to fire, rescue, and emergency medical
services.
• Maintain dispatch equipment and capital assets and administer
partnerships, such as CRISP and LETA (CHARGED
SEPARATELY)
• Dispatch staffing levels shall be supplemented by the Authority by
agreement between PFA and City administrators. (CHARGED
SEPARATELY)
Information
Technology
Network
Administration
• Work in close coordination with Authority IT in configuring,
maintaining and managing the Authority's data network including
network switches, routers, VPN access and wiring.
• Provide internet access.
• Partner with the Authority in FCPS Computer Aided Dispatch (CAD)
systems
GIS • Access to City GIS programs, data and licenses.
Voice/Phone
system
• Land-line phone system network and maintenance.
Server/Storage
Administration
• Occasional server support.
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Application
Support
• Provide application support in the same manner as provided to the
City.
CyberSecurity • Provide CyberSecurity software. (CHARGED SEPARATELY)
Comm Dev &
Neighborhood
Services
Capital
Expansion Fees
• Collect and maintain accounts for Capital Expansion Fees collected
from developers by the City on behalf of Authority.
Community
Services
Landscape
Maintenance
• Irrigation and Landscaping at Spring Park Fire Station 3, City Park
Station 2, Remington St. PFA Headquarters.
• Irrigation and Landscaping at Timberline Station 6 location
according to the intergovernmental agreement between the Authority
and the City Cemetery Division.
• Tree pruning, treatment, and replacement at Authority locations
within City limits.
City Clerk Agenda
Management
• Agenda Management Software. (CHARGED SEPARATELY)
City
Attorney’s
Office
Legal Services • Legal support to City departments providing administrative services
described in this Exhibit B
• Updates or changes to Fort Collins Municipal Code or related
policies or agreements tied to fire or emergency services provided by
the Authority
• Municipal court or Fort Collins Municipal Code enforcement
• Advising Authority staff on development review issues that arise in
the City’s development review process
• Any purpose mutually agreed to by the Fire Chief and the City
Attorney, subject to the conditions described in Section 9.7 of the
Agreement
II. Support Services Provided by the Authority to the City
Department Service Description
Emergency
Management
Battalion Chief • Emergency Management services provided by the Battalion Chief
for the PFA Service Territory, including but not limited to:
• Special events.
• Community Wildfire Protection Plans.
• Incident command (systems, planning, meetings, staffing of
command post, and grant writing), liaison and comprehensive
collaboration with Community partners, and state and federal
agencies.
Finance Annual
Comprehensive
Financial
Report (ACFR)
audit support
• Ownership, timely completion, and coordination with City staff on
all PFA audit support required documentation.
• Utilization of all City-provided and/or pre-authorized worksheets,
templates, and tools for both routine and year-end financial
reporting.
• Continual engagement and coordination with City staff throughout
the fiscal year and regarding all audit timelines, PFA worksheets,
and other required documentation.
Risk
Management
Risk
Management
• Insurance and Risk management support activities, including:
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o Coordinating with City Purchasing on workers’ compensation
provider selection.
o Point of contact for citizen claims.
o Coordination of insurance renewals.
o Workers’ compensation claims & driver’s license checks and
monitoring with safety agency.
Information
Technology
IT Analytical
support
• Portion of dedicated PFA position devoted to supporting the
increased complexity of PFA specific application needs.
Human
Resources
Administrative
support
• Human Resources employment verifications and FPPA pension files
and fund transfers.
Miscellaneous Storage • Enclosed vehicle storage costs for City vehicles at PFA facilities.
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Item 2.
2024 ANNUAL REPORT
Fire Chief Derek Bergsten
1
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Item 2.
2024 ANNUAL REPORT
•Review of:
•Organizational governance and
structure
•Personnel data
•Total jurisdiction incident breakdown
•Financial contributions from both
governing entities
•Response numbers in both
geographical areas
•Poudre Fire Authority (PFA) annual
report content
2
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Item 2.
WHAT IS POUDRE FIRE AUTHORITY
•An independent governmental entity
that provides fire and rescue services
•A consolidated fire agency serving two
jurisdictions
•Poudre Valley Fire Protection
District
•City of Fort Collins Fire Department
•No taxing authority
•Governing entities provide funding
3
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Item 2.
POUDRE FIRE AUTHORITY STRUCTURE
4
Page 61
Item 2.
5
THE PEOPLE OF
POUDRE FIRE AUTHORITY
Page 62
Item 2.
6
ALL HAZARDS RESPONSE AGENCY
Page 63
Item 2.
7
INCIDENT BREAKDOWN 2024
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Item 2.
8
DISTRICT & CITY INCIDENT BREAKDOWN
City
•Total Incidents: 21,030
•Financial Contribution: $38,727,013
•Population: 171,968
District
•Total Incidents: 3,994 total incidents
•Financial Contribution: $12,409,276
•Population: 38,402
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Item 2.
9
BUDGET & FUNDING OUTCOMES
Page 66
Item 2.
10
BUDGET & FUNDING OUTCOMES
Page 67
Item 2.
11
BUDGET & FUNDING OUTCOMES
Page 68
Item 2.
PFA’S NEWEST DIVISION
•Training officially became a
division
•Message from leadership rotation
•Demonstrate leadership is not
just one person
•Features & messages from
members of senior leadership
in print piece
12
It’s rewarding to be a part of
someone’s journey as they
progress through the years and
become part of the next generation
of leaders.
““
-Training Division Chief Tyson Barela
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Item 2.
THE TRAINING DIVISION
Mission: Forging excellence in emergency
services through training, education,
certification, and credentialing
Responsibilities include:
•Employee trainings
•Professional development
•Education
•Tuition reimbursement
•New program development
•Certification and credentialing
•Basic skills needed by personnel
13
-Training Division Chief Tyson Barela
Ultimately, the goal of the Training Division is to
ensure that you, our community, has the well-trained
first responders that you can rely on 24/7/365.““
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Item 2.
PROGRAMS & REGIONAL SUPPORT
•Fire Camp
•16 high school students experienced
the fire service and earned CPR
certification
•Fire Ops 101
•15 elected officials and community
leaders participated in day-in-life
experience
•Put on in partnership with the Local
1945
•Eight federal wildland deployments
•Three Urban Search & Rescue (USAR)
deployments
14
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Item 2.
COMMUNITY FOCUS
•Opening of 9/11 Memorial at Spring Park
•Hosted Missouri Valley Division of Fire Chiefs
Conference in Fort Collins
•First Annual EMS Survivor Celebration Event (next
event on May 14)
•9,149 people connected with at community events
•57.8 million sq. ft. made safer through fire inspections 15
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Item 2.
16
LAUNCH OF COMMUNITY HEALTH PROGRAM
•Two EMTs, a behavioral/mental health
clinician, and program manager
•Program focused on preventative care
and alignment of resources
Page 73
Item 2.
Looking Ahead
•Station 7 Opening –Community Celebration on June
21
•Pursuing new Headquarters at 1300 Riverside Ave.
•Fleet Updates –New Tower 1, Engine 2, Engine 10,
and Brush 7 will go into service
•11 Recruits currently in Fire Academy 25-1 which
runs from March 3 to July 3 (graduation ceremony on
July 3)17
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Item 2.
THANK YOU!
18
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Item 2.
File Attachments for Item:
3. Land Use Code Update: Commercial Corridors and Centers
The purpose of this item is to update Council on the proposed code changes, approach, and
timeline for the Land Use Code (LUC) update.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 7
April 22, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Megan Keith, Senior City Planner
Sylvia Tatman-Burruss, Sr. Policy & Project Manager
SUBJECT FOR DISCUSSION
Land Use Code Update: Commercial Corridors and Centers
EXECUTIVE SUMMARY
The purpose of this item is to update Council on the proposed code changes, approach, and timeline for
the Land Use Code (LUC) update.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions do Councilmembers have regarding the proposed Land Use Code changes?
2. What feedback do Councilmembers have on the timeline or other considerations for the Land Use
Code update?
BACKGROUND / DISCUSSION
Project Overview
The Land Use Code (LUC) Update: Commercial Corridors and Centers, focuses on changes along major
roadways with frequent bus service to encourage more housing and mixed-use development, create more
resilient commercial and employment centers, and improve predictability through site design standards
and clear site improvement requirements.
Foundational Land Use Code Changes
Several foundational LUC changes were adopted by Council on April 16, 2024. These include:
Reorganized content so the most used information is first in the Code
Reformatted zone districts with consistent graphics, tables, and illustrations
Created a menu of building types and form standards to guide compatibility
Updated use standards, rules of measurement, and definitions to align with new building types and
standards
Expanded and re-calibrated incentives for affordable housing
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Regulate density through form standards and building types instead of dwelling units per acre
State Legislation
Several bills were passed last year through the state legislature that will affect local Land Use Policy.
Compliance with these bills will be integrated into the LUC work and will be brought to Council to comply
with their associated deadlines:
HB-1313 Housing in Transit-Oriented Communities:
This bill requires the establishment of a Housing Opportunity Goal and ongoing reporting to ensure a
minimum zoned housing capacity along high frequency transit corridors. In addition, the bill requires
communities to review and permit multifamily and mixed-use projects in transit areas without requiring a
public hearing and to develop anti-displacement strategies. The City intends to comply with the first
deadline to submit a preliminary transit-oriented community assessment report on or before June 30, 2025.
HB-1152 Accessory Dwelling Units:
This bill will require updating our Land Use Code to permit Accessory Dwelling Units (ADUs) wherever we
allow single-family detached homes. As of February 14, 2025, the LUC was updated to be compliant with
HB-1152.
HB-1304 Minimum Parking Requirements:
This bill will require updates to the Land Use Code to remove minimum parking requirements for multi-
family and certain mixed-use projects close to transit. As of February 15, 2025, the LUC is compliant with
HB-1304.
Policy Foundation
Code updates are complex, multifaceted efforts that build on years of previous planning work. The LUC is
the City’s primary regulatory tool for implementing our community’s vision as described in various policies
and adopted plans. The City has over 300 pages of adopted policies and information to inform the LUC
Updates that primarily come from the following documents:
City Plan
Housing Strategic Plan (HSP)
Economic Health Strategic Plan
Our Climate Future (OCF)
Transit Master Plan
15-Minute City Analysis
Land Use Code Audit (which identified opportunities to align LUC with the newly adopted City Plan)
Council Priorities (affordable and achievable housing strategies; 15-minute communities)
Urban Forest Strategic Plan
Relevant Council Priorities
Council Priority No. 1: Operationalize City resources to build and preserve affordable housing
Council Priority No. 3: Advance a 15-minute city by igniting neighborhood centers
Council Priority No. 4: Pursue an integrated, intentional approach to economic health
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Council Priority No. 8: Advance a 15-minute city by accelerating our shift to active modes
These documents and priorities serve as primary inputs to the formation of Guiding Principles and code
language, augmented by work accomplished in Phase 1 of the LUC update. Staff have been engaging
internal staff and providing monthly updates at work sessions with the Planning & Zoning Commission.
Guiding Principles
The following Guiding Principles were developed utilizing goals, policies and action items from the adopted
policy plan documents mentioned above, in addition to Council priorities.
Enable more housing and mixed-use buildings, especially along roads with frequent bus service
Create resilient commercial and employment centers that are adaptable to future needs
Create clearer building and site design standards that promote transit use, walking, and rolling along
roads with frequent bus service
Improve Predictability of the Land Use Code, especially to support small business owners
Project Focus Areas
Focus areas for Land Use Code updates have been identified based on Guiding Principles, community
input, and analyses conducted by the consultant team and City staff.
Transit Oriented Development Overlay (TOD) District
Corresponding Guiding Principle: Enable more housing and mixed-use buildings, especially
along roads with frequent bus service
The Purpose of the Transit-Oriented Development Overlay District is to modify the underlying zone districts
south of Prospect Road to encourage denser development and supportive land uses close to transit. The
TOD Overlay offers height bonuses if projects meet various criteria. These criteria include building
affordable units (at least 10%), including structured parking, and including mixed-use. Height bonuses are
meant to incentivize greater density in certain areas. Most of the underlying zone district south of Prospect
Road within the TOD Overlay is General Commercial.
Example: A 4-story building is currently allowed in General Commercial zoning (CG). With the TOD
Overlay Zone Incentives, up to a 7-story building would be allowed if all incentives are used.
Although the TOD Overlay encourages higher-intensity mixed-use development, most of the built and
proposed development and redevelopment in this area continues to be suburban in character and
generally low-intensity uses. Testing the various potential configurations for market feasibility reveals that
most configurations to include mixed-use, even with the additional height allowances, do not achieve a
feasible internal rate of profitability return that would make a developer willing to take on a project. Primarily,
costs of construction and low commercial rents disincentivize building more floors. Only with a tax incentive
does the prospect of adding the additional 3 floors allowed within the TOD Overlay and a ground floor
commercial component begin to achieve a feasible internal rate of return. However, a test scenario to
assume one-story additional height allowance (5-story residential building) without a mixed-use component
is found to be the most market feasible development type available today.
Another reason why the development pattern within the TOD Overlay continues to be low-density and auto
centric could be the land uses that are allowed by the Land Use Code. Permitted land uses in the TOD
currently include gas stations, self-storage, drive-thru restaurants, drive-thru pharmacies, car washes,
drive-thru banks & credit unions, and stand-alone parking lots, amongst others. Auto-centric uses are
already concentrated within most of the TOD Overlay, particularly in the area south of Prospect Road
(please reference April 9 Open House Map ‘Transit-Oriented Development’ map). Additional concentration
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of these uses makes it more difficult to achieve the dense, mixed-use environment as envisioned by the
TOD Overlay.
Community engagement for this project thus far has documented a large volume of comments about the
amount of existing surface parking provided by many of the commercial developments across Fort Collins,
but particularly in the TOD overlay. Currently in the Land Use Code, there is a parking minimum and a
parking maximum that must be met by non-residential uses. Therefore, another consideration during this
code update could be to adjust and recalibrate the amount of parking required for non-residential uses.
Recommended Code and Policy Changes
Based on staff and consultant analyses, staff is recommending the following code changes within the TOD
section of the LUC:
Recalibrate incentives: Consider recalibrating height bonuses for standalone residential.
Adjust permitted uses: Limit additional low-intensity or excessively auto-centric uses such as drive-
thrus, gas stations, and single-floor mini storage.
Recalibrate non-residential parking: Consider lowering surface parking minimums and/or
maximums for commercial uses.
Leverage other City incentives outside of the LUC to encourage desired TOD development:
Examples: URA, public-private development opportunities.
Harmony Corridor and Employment Zones
Corresponding Guiding Principle: Create resilient commercial and employment centers that are
adaptable to future needs
The Harmony Corridor District is intended to implement the design concepts and land use vision of the
Harmony Corridor Plan - that of creating an attractive and complete mixed-use area with a major
employment base. The Harmony Corridor Plan was adopted in 2006 as an element of City Plan. “Primary”
and “Secondary” uses were established to emphasize the office and employment functions of the area.
While this has served the area well in the past, market conditions have shifted away from large office parks
and demand for residential and smaller retail has increased.
Current Standards:
In addition to defining Primary and Secondary Uses within the Harmony Corridor, the code defines ratios
of Primary versus Secondary Uses for development plans as follows:
Secondary Uses may occupy no more than 25% of the Gross Area of the Development Plan
Locate industries and businesses in areas designated for Primary Uses.
Primary uses must account for 75% of the development plan area.
Primary Uses: Secondary Uses:
• Offices, financial services & clinics
• Long term care facility
• Medical centers/clinics
• Light industrial
• Mixed-use Dwellings
• And Others
• Residential uses (with some exceptions)
• Convenience shopping centers
• Standard restaurants
• Limited indoor recreation use and facility
• Child Care Centers
• And Others
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Recommended Code and Policy Changes
The development pattern within the Harmony Corridor has generally achieved the vision of the Harmony
Corridor plan. Community feedback regarding this corridor has largely centered around the need for
greater flexibility while maintaining some areas for employment uses to allow for mixed-use development.
Testing various market feasibility scenarios has revealed that housing development is most feasible in this
area, much more economically viable than employment or large office parks. That said, given the des ire
for flexibility and mixed-use potential, staff recommend a number of adjustments to standards intended to
achieve the Guiding Principle for the Harmony Corridor and other areas zoned for Employment across the
community.
Adjust the primary/secondary use ratio to allow for a greater mix of uses, including housing
Adjust primary use requirements in mixed-use buildings
o Explanation: Currently, the LUC requires that the entire ground floor of a mixed -use building in
these zone districts be occupied by a primary use. Consider reducing this requirement to allow a
smaller portion of the ground floor or any individual floor to be occupied by a primary use.
Allow more secondary uses as part of a multi-story, mixed-use development
o Explanation: This would allow more configurations of mixed-use buildings, combining multiple
secondary uses. For example, a building with a restaurant on the ground floor and upper floors of
residential.
Allow standalone secondary uses to be developed if replacing an existing surface parking lot
Building Design Standards
Corresponding Guiding Principle: Create clearer building and site design standards that promote transit
use, walking, and rolling along roads with frequent bus service
The LUC currently does not include non-residential building types or provide additional configurations of
mixed-use buildings (Article 3 of the LUC). This often results in a lack of clarity for development teams
regarding design standards and can sometimes lead to project delays and miscommunication.
Article 5 of the LUC (General Development and Site Design) includes the standards that influence building
placement and site design, building standards, circulation and connectivity standards, bus stop design
standards, etc. – standards that influence the pedestrian, multi-modal, and transit experience.
Form standards and building types (like the diagrams added during Phase 1 of the LUC update) can yield
better design outcomes and can help achieve more predictability in built projects.
Article 5 of the LUC was not updated in the last round of code updates and contains redundant sections
that could be clarified, simplified, and possibly eliminated with the addition of building types.
Recommended Code and Policy Changes
To address the redundancy in the code within Article 5 and to move to greater clarity and predictability,
staff are recommending the following code changes:
Develop new Non-Residential Building Types to be added to the LUC
Consolidate and organize standards addressing non-residential buildings. Convert text standards
to illustrations and graphics
Update pedestrian-oriented design standards:
o Connectivity and site circulation
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o Frontage and ground floor activity
o Building massing and articulation
Change of Use
Corresponding Guiding Principle: Improve predictability of the Land Use Code, especially to support
small business owners
The Change of Use process is used in a variety of situations, including for existing business spaces that
are changing from one allowable use (ex: retail shop) to another (ex: restaurant). Often the requirements
are meant to identify both areas of necessary site improvements (ex: sidewalks and lighting) that are
commensurate with the change of site intensity (ex: more visitors at different times of the day).
Current standards do not offer clearly defined boundaries for the extent of site improvements. The onus is
then placed on staff to decide on the level of requirements for a Change of Use process. These
requirements are often based on site deficiencies rather than other factors, such as actual changes to site
intensity or the magnitude of the project (ex: major site reconfiguration or a major change in site use
intensity).
The Change of Use process has been identified as an area for improvement, both for process and clarity
of requirements. These areas for improvement have been identified through community and staff
engagement.
Recommended Code and Policy Changes
To alleviate ambiguity and to add predictability in the process, staff are contemplating the following
changes:
Design an approach that makes requirements clear from the beginning and is commensurate with the
impact of the proposed changes:
o Reduce the quantity of projects that must go through the change of use process.
o When a site is undergoing a more significant change, limit site upgrades to a percentage of the
total cost of the project.
o Prioritize the site upgrades that the Land Use Code requires.
Other LUC Updates
The four categories of code updates organized by Guiding Principle capture the most significant anticipated
code updates. However, staff are also tracking a list of smaller clarification and clean-up edits that will
appear in the first version of the draft LUC. These edits will be documented, and staff will be prepared to
review and discuss these suggested edits with City Council during future work sessions.
Focus Group topics and other engagement
Several Focus Group conversations were held with frequent users of the code and smaller, local
businesses who have recently gone through a development review process. These were held in January
and February of 2024. A summary of feedback from the five focus groups is attached to this AIS. Below is
a brief summary of feedback:
Code Feedback and Recommendations
Feedback was wide-ranging, including many suggestions on process and coordination between
departments. Subjects also varied widely, including suggestions for improvements to Historic Preservation
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requirements and clarity regarding habitat buffer zones. While most participants recommended fixes to the
process not directly outlined in the LUC, and considered them just as important as LUC changes, they also
had many suggestions for improvement of the LUC. The following list is most pertinent to the updates
proposed in the Commercial Corridors and Centers project, but more can be found in the attachment:
Make the LUC easier to navigate. There is a steep learning curve for laypeople who are trying to
navigate the LUC. It is not organized in a user-friendly way.
Build in ranges and flexibility to make it easier to make modifications for infill development. Where
possible, articulate an objective and offer flexibility in how a developer meets that objective.
Participants like the form-based code but want to ensure that examples are realistic and representative.
Build in flexibility around form definitions.
Better distinguish between infill and greenfield standards, as infill projects always require modifications
to the Code standards, which are currently better suited for suburban landscapes.
Expand the definition of “uses,” as the change of use process is complicated.
Revisit architectural design requirements, as requirements intended to improve architectural diversity
hamper creativity.
Clarify requirements for compatibility and transitions between adjacent uses, especially if there is a
transition in density.
Re-evaluate restrictions on secondary uses and redefine employment zones to better reflect the
current, post-pandemic market.
Update parking ratios and calculations in mixed owner environments and based on market conditions,
for example in big shopping centers with a mix of business types and property arrangements.
Include a shared parking section in the Code for commercial and residential mixed use.
Timeline and Next Steps
Following the April Work Session, staff will continue code refinement and plan to meet with focus groups
again in May or June to review drafted code concepts. A public release of a draft LUC is anticipated in
June. Staff expect to return to a work session with City Council in July to discuss feedback on the draft
LUC and ideas for refinement of code sections prior to finalizing a draft.
ATTACHMENTS
1. Draft Summary of Focus Group Feedback
2. Boards from April 9th LUC Open House
3. Commercial Code Sensitivity Analysis
4. Presentation
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Item 3.
Compiled for Staff Review by Kearns & West
Fort Collins Land Use Code Updates
Winter 2025 Outreach Summaries
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Item 3.
Fort Collins Land Use Code Updates
Winter 2025 Outreach Summaries - Compiled 1 | P a g e
Fort Collins Land Use Code Updates
Winter 2025 Outreach Summary
Overall Themes and Takeaways
Approach
The City of Fort Collins is updating its 1997 Land Use Code (LUC or Code) to meet the
community’s evolving needs. The first set of updates focused on housing, reorganization, and
moving to visual representations of code standards, away from a fully text-based code. City
Council adopted these updates in May 2024. The second set of updates, which was the focus of
outreach in January and February 2025, is centering on commercial and mixed-used corridors.
Kearns & West, a neutral facilitation firm, facilitated five focus groups, held five 1:1
conversations, and received email feedback to capture the perspectives of developers,
consultants and designers, architects, site planners, project managers, brokers, agents, and
business owners. The goals of the outreach were:
• Identify how the LUC can enable outcomes that align with City Plan’s values and
priorities.
• Understand perspectives on the existing Code and ideas for changes in the new Code.
• Understand how the LUC is or is not supporting interests and desired outcomes, need for
clarity, and pain points.
Participants
Focus group participation was by invitation and referral from invitees, prioritizing frequent Code
users to ensure that their technical expertise informs this set of updates. The City of Fort Collins
provided Kearns & West with a list of individuals recommended for outreach, including
developers, architects, site planners, designers, consultants, and small business owners, including
recent development or permit applicants whose experience with the development review
process demonstrated common challenges and opportunities with the Code. Across all technical
outreach, Kearns & West heard from 36 frequent Code users (participants, users, or individuals)
Most participants could be primarily categorized as business owners; consultants or designers;
architects, planners, or project managers; or developers.
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Individual focus group feedback, and a summary of all feedback heard from 1:1 conversations
and written feedback sent to Kearns & West, are summarized in individual documents. This
document captures themes and takeaways across all feedback received.
The City of Fort Collins is also reaching out to the public for feedback on the future of
commercial corridors and centers through in-person and virtual open houses and an online
comment form.
Summary
Outreach participants offered feedback on what is working well with the existing development
review process and LUC, what they would like to see changed about the process, and what they
would like to see changed about the Code. While participants named sections of the Code that
needed improvement, much of the conversation focused on the development review process and
how the LUC interacts with codes and standards from other divisions, departments, and
agencies. Participants felt strongly that streamlining processes and standards across all divisions
and departments is just as important as Code updates. This summary captures feedback
received, recognizing that some is outside the scope of the LUC itself.
What’s Working Well
Participants expressed appreciation for several elements of the development review process:
• Comments are timely and organized into a single document for easy review.
• City staff are generally helpful and great to work with.
• Recent improvements to the appeal process are saving time and money and ensuring that
appeals are substantive.
• The conceptual review process is generally appreciated.
• Staff are willing to help applicants schedule meetings where all departments come
together to work through tradeoffs and modifications in their respective codes and
standards.
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• The addition of a development review coordinator position has helped applicants
navigate the process more smoothly.
• Form-based code is helpful.
Process Feedback and Recommendations
Participants expressed frustration with the interaction of standards and codes across various
departments as well as with the expensive and lengthy development review process. They
recommended improvements to address these concerns:
• Consider land use, building, forestry, utility, and fire department codes and standards
holistically and update the process and standards accordingly to ensure coordination
and/or integration of requirements as well as easier navigation of all processes.
• The City should affirm its priorities—small business development, affordability, density,
etc.—and ensure that the Code is helping developers realize those priorities, including
streamlining the review process for projects that help with those priorities.
• Match review cycles to the complexity of the project.
To improve coordination immediately, participants suggested solutions that have worked for
some Fort Collins projects or in other jurisdictions:
• Implement weekly office hours to allow a work session after the first review/set of staff
comments, where two or three staff are available to discuss design comments and
answer questions.
• Organize design charettes that involve the project leads and representatives from various
departments (planning, utility, Poudre Fire Authority, etc.) to coordinate across
departments before conceptual review. The process allows all parties to discuss priorities
and site constraints, tradeoffs, and needed modifications, address conflicts proactively,
and save time.
• Invest more time up front in listening, understanding the needs of an applicant, and
ensuring that an applicant understands what is and is not possible to save time in the
future.
Participants also offered observations and recommendations related to staffing and staff
support:
• Consider the impact of staff turnover on the review process. New staff should be
required to sit in on reviews and/or meet with a developer for additional context soon
after they are hired.
• Once properly trained, empower staff to take decisive action to support applicants,
navigate conflicts, and evaluate modifications or variances.
• Increase the budget for development review coordinators.
• Better insulate staff from public feedback and/or set better boundaries around the
impacts that the public has on the project design level. Staff get demoralized and may
leave their positions if the public has too much power to hold up projects.
While the City has expressed a desire to support small businesses and the public loves living in a
community with many small businesses, the development process is frustrating for small
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business owners (SBOs) and discourages them from opening a business in Fort Collins.
Participants offered some recommendations specific to supporting SBOs:
• Provide a clear and accurate summary of the costs SBOs should anticipate throughout
the development review process. SBOs need to plan financially and may base their design
on the financial risks.
• Invest time upfront to listen to SBOs’ visions for a property to ensure that they are
pursuing the level of development review appropriate for them.
• Make clear to SBOs which feedback they must incorporate into their plans and what
interpretations are applicable to them. The process does not make clear that some
recommendations are required by the LUC and some are interpretations of the LUC.
• Consider creating a program for SBOs to move into a building, comply with essential
standards, and then start operating, gradually becoming compliant with the Code in its
entirety. Consider the purpose of the small business and its benefit to the community in
relation to LUC gradual compliance.
• Better support already-operating SBOs in complying with modifications required by Land
Use Code updates.
• Communicate clearly with SBOs about how construction on nearby roads and/or
businesses will impact them and how/whether they can weigh in before and during
construction. This will help build trust between SBOs and the City.
• Provide more upfront financial support to SBOs to make it easier for them to open their
businesses and navigate the process, especially for SBOs from underrepresented groups.
Consider how Small Business Administration loans impact an SBO’s ability to meet other
process or Code requirements.
Code Feedback and Recommendations
While most participants recommended fixes to the process not directly outlined in the Code, and
considered them just as important as Code changes, they also had many suggestions for
improvement of the Code:
• Make the LUC easier to navigate. There is a steep learning curve for laypeople who are
trying to navigate the Code. It is not organized in a user-friendly way.
• Build in ranges and flexibility to make it easier to make modifications for infill
development. Where possible, articulate an objective and offer flexibility in how a
developer meets that objective.
• Participants like the form-based code but want to ensure that examples are realistic and
representative. Build in flexibility around form definitions.
• Better distinguish between infill and greenfield standards, as infill projects always require
modifications to the Code standards, which are currently better suited for suburban
landscapes.
• Loosen restrictions related to historic preservation, as buildings that meet the threshold
in Fort Collins may not meet the spirit for structures that merit preserving.
• Expand the definition of “uses,” as the change of use process is complicated.
• Revisit required reviews for major or minor amendments and Type 1 and Type 2 uses.
Participants feel that simple changes are subject to unnecessarily complicated processes.
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• Define “compatibility” more clearly in the LUC to establish a consistent, non-subjective
standard and allow flexibility in meeting it.
• Revisit architectural design requirements, as requirements intended to improve
architectural diversity hamper creativity.
• Clarify which natural habitat buffers should be protected, particularly emphasizing the
differences in protection requirements for human-made habitats. Simplify the
requirements to protect natural features to eliminate complexity and red tape.
• Clarify requirements for compatibility and transitions between adjacent uses, especially if
there is a transition in density.
• Re-evaluate restrictions on secondary uses and redefine employment zones to better
reflect the current, post-pandemic market.
• Update parking ratios and calculations in mixed owner environments and based on
market conditions, for example in big shopping centers with a mix of business types and
property arrangements.
• Include a shared parking section in the Code for commercial and residential mixed use.
Differences Across Feedback
There were more similarities than differences in the feedback received from different user types.
The most prominent difference was philosophical, with some practical applications: With respect
to transportation, do you plan projects to move the city closer to City Council’s vision for the
future or build to accommodate current conditions and preferences?
For example, some participants felt frustrated with parking minimums, especially in denser parts
of town, and encouraged the city to let the market decide what is needed in terms of parking.
Some felt strongly that parking needs to continue to be a priority, especially in shopping centers
and for SBOs who worry about the impact of lack of parking on businesses. Some felt that Fort
Collins will always be a city of cars and bikes, and that catering to public transit does not make
sense.
Participant Appreciation
Kearns & West is very grateful to the individuals who shared their time and expertise to inform
these LUC updates. We offer a hearty thank you to everyone who participated.
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Item 3.
OPEN HOUSE
LAND USE CODE Commercial Buildings and Site Design
Create clearer building and site design standards that promote transit use, walking, and rolling along
roads with frequent bus service.
The satellite image (of
the city) tells the whole
story. Sprawling parking
lots mean wasted space,
hot pavement, and a
hostile environment for
people.
Guiding Principle:
This parking lot is never close to
halfway full. Another example of poor
land use with big box stores with large
parking areas that detract from the
character of our city.
There is a lot of strict residential space
in this city, if our neighborhoods
allowed corner stores and more mixed
use development it would be better for
everyone.
We need more
areas like this. Small
commercial locations
located within walkable
neighborhoods. Who
doesn’t want to walk
down the block to their
neighborhood cafe?
This is an excellent
example for how to
make a strip mall
more compatible for
pedestrians. All that has
been done here is to
move the storefront up
to the curb. The parking
still exists but is tucked
behind the building.
This encourages
pedestrian access.
All these gigantic
parking lots along
College drive me
crazy. They’re always
20% full at most.
Build apartments and
townhomes lining
College with the big
boxes behind. Housing
is occupied at night and
retail during the day.
Let them share lots.
Please encourage more community commercial at major
intersections. I would like to see less parking, more housing,
and a more pedestrian friendly design, but these two malls
north of Drake provide an easy place for many people in the
surrounding neighborhoods to access via bike or foot.
What we’ve heard from the community so far on this topic:
What needs an update:
This topic is all about how commercial building and site design requirements
can support more user-friendly, mixed-use spaces that are walkable and
aligned with the 15-minute city concept—where everything you need is close
by. The goal is to make sure both businesses and the community can thrive
together.
Possible code changes:
Consider adjusting the required parking ratios, minimums, and maximums
for certain nonresidential uses.
Clean up and augment design standards in Article 5 of the Land Use Code
which includes building placement and site design, building standards,
circulation and connectivity standards, bus stop design standards,
etc. – standards that influence the pedestrian, multi-modal, and transit
experience.
Add nonresidential building types into the Land Use Code to accompany
the residential building types that were added to the Land Use Code in May
2024.
Businesses need parking to succeed
because we drive cars to get around.
Zoning should encourage right-
sizing of parking, not over-sized and
certainly not undersized, so that
businesses can succeed. By having
the majority of the population as
their customers, businesses should
decide this, within some wide
constraints.
There’s simply too
much parking and
fewer commercial
spaces/housing
around our south
transit center.
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The current Land Use Code needs to be updated to create more walkable,
less car-centric spaces by revising parking standards and adding form
standards for commercial buildings. This will reduce the emphasis on vehicle
storage and prioritize pedestrian-friendly design, multi-modal connections,
and easier access to transit. By improving these standards, we can foster
better design, more predictability, and stronger connections between
residential and commercial areas, as well as transit stations.
Building design and site design, particularly when it comes to parking, are
closely connected in shaping the pedestrian experience. The layout and
configuration of a site, including the placement and amount of parking, directly
impact how accessible and inviting a space feels for pedestrians. If parking
is placed in front of buildings or dominates the landscape, it can create a
car-centric environment that discourages walking and creates disjointed
connections between residential, commercial, and transit areas. In contrast,
well-designed site layouts with strategic parking placement and pedestrian
pathways can create smoother transitions and more inviting spaces for people
to move through.
Page 90
Item 3.
OPEN HOUSE
LAND USE CODE Commercial Zoning Map
Page 91
Item 3.
WE WANT
TO HEAR
FROM YOU!
What can we do to improve
parking lots in future commercial
developments?
Maintain the current nonresidential parking
requirements without change.
How parking works now:
Shopping Center
General Office
Retail
Standard restaurants and bars
Fast food restaurants
Grocery Store
2
1
2
5
7
3
5
3
4
10
15
6
Under the current Land Use Code, there are parking requirements for non-
residential uses. Nonresidential uses are required to provide a minimum
number of parking spaces and are limited to a maximum number of parking
spaces.
Land Use Min. Spaces*Max. Spaces*
Lower the maximum nonresidential parking
requirements.
Lower or eliminate the minimum
nonresidential parking requirements.
Eliminate minimum AND lower maximum
nonresidential parking requirements.
*These spaces are per 1,000 square feet of building footprint.
Page 92
Item 3.
OPEN HOUSE
LAND USE CODE Types of Development in Transit Areas (TOD)
Enable more housing and mixed-use buildings, especially along roads with frequent bus service.
Most of the
neighborhoods and
businesses along the
transit line are not
connected to the transit
line because of all the
vacant parking lots.
Guiding Principle:
I’ve lived here for two years, near this
intersection, and just learned these businesses
exist. They’re so far setback from the road by
the sea of parking that I literally didn’t know
they were there. I wish we could use our land use
code to put businesses at the front/on the street
and put parking in the back.
This is a prime location
for infill housing
development. Along a
rapid transit corridor,
in walking distance of
grocery and retail, and
currently underutilized.
What can be done in
the LUC to incentivize
redevelopment of
parcels like this one?
Please encourage
or require all new
developments near
MAX bus stops to
provide a pedestrian
walkway connecting the
stop to the main street.
Asking pedestrians to
walk an extra half mile
to reach a stop does not
encourage riders to use
the service.
Drive through restaurants enable car dependency and this
particular example frequently causes traffic to block a lane
of a public road. Discourage construction of new drive-
through restaurants and encourage small-scale restaurants in
neighborhoods.
What we’ve heard from the community so far on this topic:
What needs an update:
The TOD Overlay zone, introduced in 2007 and updated in 2013, aims to
encourage development near transit stations, like the MAX Bus Rapid Transit
along the Mason Corridor. It encourages mixed-use buildings, so people can
walk to shops and services from homes and transit stations.
The TOD Overlay allows buildings to be up to 7 stories tall if they utilize all
available incentives, such as including mixed-use spaces, structured parking,
or affordable housing. This is a 3-story increase over the General Commercial
zone’s 4-story limit.
I live in this neighborhood
and it’s a real shame
that the only business
neighboring all of these
houses is a motor vehicle
repair shop. Not only is it
loud, but it doesn’t support
the residents living here.
Commercial businesses
in neighborhoods should
provide services that
people use daily and
weekly, not annually (if
ever). I would love to be
able to walk here and buy
food, for example.
We should have
housing, walkable
commercial,
or campus
destinations at
these stops, not
mostly empty
parking lots.
Transit-Oriented Development (TOD) Overlay
Challenges in South of Prospect Area
While the TOD has led to more mixed-use projects north of Prospect, the
area south of Prospect has mostly stayed low-density, suburban, and doesn’t
fully align with the TOD’s vision for higher-density development.
Auto-Centric Uses in the TOD Overlay Area
Many parts of the TOD Overlay still allow auto-centric uses like gas stations,
drive-thru restaurants, and car washes, which don’t fit the TOD’s goal of
promoting higher-density, transit-friendly development.
I like this small-scale
commercial with
some units fronting
onto alley.
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Drive-Thru Restaurants Frontage Road & low density
Banks & Credit Unions Parking between the road & businesses
Parking Lots Gas Stations
Page 93
Item 3.
Transit-Oriented Development MapOPEN HOUSE
LAND USE CODE
Page 94
Item 3.
WE WANT
TO HEAR
FROM YOU!
Would you like to see MORE
of these uses in the TOD in the
future?
gas stations
self-storage
drive-thru
restaurants
drive-thru
pharmacies
car washes
drive-thru banks
& credit unions
banks &
credit unions
stand-alone
parking lots
We heard from the community that there is a desire for more walkable places and less auto-centric uses.
Please consider whether these uses should be permitted more or less in the Transit-Oriented Development
(TOD) Overlay zone in the future? This would not mean the removal of existing businesses; but instead, would
prevent additional new construction of these uses in the future if they were proposed.
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Strongly Oppose More
(keep existing, no new)
Oppose More Support More Strongly Support More
(keep existing, more new)
Page 95
Item 3.
OPEN HOUSE
LAND USE CODE Harmony Corridor and Employment Zoning
Create resilient commercial and employment centers that are adaptable to future needs.
Why is this zoned as Urban Estate?
It’s on a prime intersection/transit
corridor close to jobs. Rezone this
and allow mixed-use. It could be a
cool opportunity for a new walkable
spot along a future transit line.
Guiding Principle:
Way too much parking. This
development could have incorporated
a street grid to better distribute the
parking. Instead, it’s a sea of parking
lots, and it’ll be that way when future
development is added nearby.
Commercial along the street
behind a sidewalk with
parking in the back and even
a roundabout. Though not
perfect, this is much closer
to how retail along larger
streets should look.
These big box stores
and parking wastelands
are on their way to
becoming suburban
blight over the next few
decades.While the core
of this shopping area is
decent, the surrounding
area is already
inhospitable and
should be considered
for redevelopment
with access to nearby
residential.
This area has the opportunity to be great. If the sea of
parking could be reduced to 25% of what it is today and
the excess replaced with dense infill housing development,
this area would be awesome to live in/near.
What we’ve heard from the community so far on this topic:
What needs an update:
The Harmony Corridor Zone District limits non-employment uses in certain
areas, which may no longer meet the community’s needs, especially
for mixed-use spaces or multi-modal corridors that support various
transportation options.
Established in 2006, the Harmony Corridor Zone District aimed to prevent
big-box retail and attract office parks with high-paying jobs on what was
mostly agricultural land. Its focus was on developing a mixed-use area with a
strong employment base, including shops and housing for workers.
Possible code changes:
Raising up this section
of the street in front
of Safeway makes
people drive much
slower through here and
makes it so much more
comfortable to walk out
here. This is so much
better than the safeway
on horsetooth and every
king soopers I’ve seen.
All shopping centers
should have designs like
this.
To maintain this vision, the zone district set aside spaces for shopping
centers, and placed strong restrictions on the remaining spaces: 75% or
more of the land could only be used for land uses that provide higher paying
jobs like medical centers and office parks. However, since the COVID-19
pandemic, demand for office space has dropped as remote and hybrid work
has become more common. The current rules may no longer align with the
way office environments function and could be hindering the creation of
15-minute places, where daily needs are within walking, biking, or rolling
distance. Public input suggests that requiring building types that allow for
flexible use of tenant spaces may better meet evolving needs.
Adjust primary use requirements in mixed-use buildings
Currently, the Land Use Code already allows for mixed-use development
in the Harmony Corridor zone. However, the secondary use must occupy
the entire ground floor of the building. Oftentimes, this ground floor
space can be challenging to lease as office or another primary use.
Instead, consider allowing just a portion of the required primary use to
25% of the leasable area of any individual floor (ground or other).
Allow more secondary uses as part of a multi-story, mixed-use development.
Currently, a standard restaurant would be considered a secondary use.
Therefore, a building that had a ground floor restaurant with upper floors
of residential would not meet the allowable primary/secondary use ratios.
Adjust the primary/secondary use ratio to allow for a greater mix of uses, including housing.
Allow stand-alone secondary uses to be developed if they are replacing an existing surface parking lot.
I don’t like having no sidewalk
leading to strip mall (through
parking lot).
The narrow sidewalks along Lemay
are a nightmare for pedestrians,
especially people with small
children or wheelchairs.“
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Page 96
Item 3.
OPEN HOUSE
LAND USE CODE Harmony Corridor & Employment Zoning Map
Page 97
Item 3.
WE WANT
TO HEAR
FROM YOU!
The future of Harmony Corridor
and the Employment Zone
District
Do you think the Employment zone and
Harmony Corridor should have more housing
development in the future?
What types of commercial spaces or retail
businesses would you like to see more of
in the Employment zone and Harmony
Corridor?
How do you envision the Employment zone
and Harmony Corridor in 10-15 years?
Strongly Preserve
Employment Base
Keep the primary focus on office spaces and employment-driven development, limiting non-
employment uses. (75% employment/25% non-employment)
Preserve Employment Focus,
Allow 50/50 Flexibility
Maintain the employment base but allow a more balanced mix of 50% employment uses and
50% non-employment uses like mixed-use spaces, retail, or housing.
Shift Toward More Flexibility Give more freedom for a variety of uses, including mixed-use developments, retail, housing,
and community services, to meet evolving needs with less focus on maintaining the
employment base.
Fully Shift to Mixed-Use,
Multi-Modal Focus
Move away from the employment-centric vision and prioritize a flexible district with a full
range of uses, including residential, commercial, and community spaces, without regulating
the balance between employment and non-employment uses.
Please vote on the spectrum below
from preserving the employment base
(primary uses) as it is today to allowing
more flexibility in land uses in the
Harmony Corridor and Employment
Zone District.
Primary Uses:
Offices, financial services & clinics
Long term care facility
Medical centers/clinics
Light industrial
Mixed-use Dwellings
And Others
Secondary Uses:
Residential uses (with some exceptions)
Convenience shopping centers
Standard restaurants
Limited indoor recreation use and facility
Child Care Centers
And Others
Page 98
Item 3.
OPEN HOUSE
LAND USE CODE Development Review Process Changes
Improve predictability of the Land Use Code, especially to support small business owners.
Empower City staff to
provide straightforward
answers, think outside
the box, and help
small business owners
achieve their vision.
Guiding Principle:
Explore lessons learned from
comparable municipalities, such as
Boise, Austin, and Portland, to help
resolve issues efficiently.
Update employment zones to attract
additional businesses to the City
and create spaces that allow for
entrepreneurial ideas and exploration.
Many small business
owners get
overwhelmed by
Conceptual Review,
become discouraged,
and abandon their
project.
Create a program for
small business owners
to move into a building,
comply with essential
codes, and then start
operating, gradually
becoming compliant
with the entirety of the
Code.
Consider how to
encourage small
businesses to open
without putting
enormous costs on their
shoulders, such as the
cost of installing city
sidewalks or repairing
off-site infrastructure.
Because developers are juggling requirements from different
City departments, it would help to create a single point of
contact who can expedite decisions and coordinate across
departments.
What we’ve heard from the community so far on this topic:
Small Business Concentrations:
Overall small business concentration is relatively evenly distributed
throughout the City of Fort Collins, with only a few notable exceptions of
higher and lower concentration areas. Small businesses are considered those
with 50 employees or less.
Higher Concentration: Old Town
Old Town has by far the highest concentration of small businesses in Fort
Collins. Old Town square and the surrounding area contain a significantly
higher concentration of small businesses than any other community center,
shopping center, or location within Fort Collins. Other shopping centers and
community areas also have small business presences; however Old Town and
the surrounding area is the only one that stands out among the rest with a
much higher concentration of small businesses.
Higher Concentration: College Avenue Mid-Town
There are a significant number of small businesses concentrated with
proximity to College Avenue between Prospect and Harmony. These
businesses are all built with direct access and proximity to College Avenue.
College Avenue sees a higher proximity of small businesses activity directly
along/next to the road than other similar road stretches such as Harmony
Road.
Small Business in Fort Collins:
The number of review
cycles should be
determined by the
complexity of the
project. For example,
reuse projects don’t
need multiple rounds of
review.
The review
process is long,
expensive, and
sometimes
unpredictable.
Developers need
cost and schedule
predictability.
Number of Businesses in Fort Collins: 7,000
Number of Small Businesses in Fort Collins: 6,700
Number of Jobs: 120,000
Number of People Employed by a Small Business: 30,000
Total Labor Force Participation Rate: 71%
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Mid-Town Businesses Mid-Town Businesses
Downtown Businesses Downtown Businesses
Page 99
Item 3.
OPEN HOUSE
LAND USE CODE Development Review Process Changes
Required upgrades are limited
to a percentage of the cost
of the project and/or applied
over time.
This idea helps small
businesses by making required
upgrades more manageable.
Instead of paying for all
necessary improvements
upfront, businesses would only
need to cover a percentage
of the cost or spread the
upgrades over time.
How we might change the code to address this issue:
What needs an update:
The process for making minor changes or changing the use of a property
needs to strike a careful balance. On one hand, we want to make sure that
safety improvements and upgrades are made to support community goals.
On the other hand, we don’t want to make the process excessively difficult
or expensive, especially for small businesses or startups that often move into
older buildings.
Current Process - Small Business Change of Use Examples:
Consider capturing improvements or
enhancements when a site is fully redeveloping. If
no site changes are occurring or intensity of the
site is not greatly increasing, consider not requiring
upgrades. This assumes sites will eventually
achieve total redevelopment in the future.
Right now, businesses often have to apply for
permission to change how a building is used, even
for minor adjustments. This proposal suggests
simplifying that process by reducing the number
of times a business needs to apply for changes,
especially if the building isn’t being significantly
altered or expanded.
Developing improvement plans for commercial
centers that can be implemented in steps or
phases while allowing short-term change of
uses to continue occurring on a frequent basis.
This approach allows commercial centers to
upgrade gradually over time rather than all
at once. Changes can be made in phases,
ensuring the center evolves and improves
continuously. This method supports long-
term growth and sustainability without relying
on tenant turnover, enabling the commercial
center to enhance its overall appeal and
functionality over time.
Graduated Approach concept: Reduce the amount of change
of use applications required:
Improvement Plan concept:
Right now, the process can be unclear for people just starting out. Many
don’t know early on what kind of upgrades or costs they might face when
they’re trying to change the use of a space or finish it for a new tenant. For
some small business owners, it can feel like the process is all or nothing—
either they have to do everything or they can’t make the changes they need,
which can make it hard for them to move forward.
Example 1: Minor Changes
The applicant requested to:
Annex a property into the city limits
Redevelop an existing building into a microbrewery
and taproom
Add an outdoor food truck area
Demolish one house to build a parking lot
Change the use of one existing house to an office
What triggered the Development Review?
The change in the site’s use to a brewery, the removal of housing, and the need for annexation triggered a Major Amendment
review for the project.
Example 2: Major Changes
The applicant requested to:
No required on-site parking, but 7-14 spaces recommended, with one van-accessible handicapped space.
Parking lot set back at least 15 feet from the property line, designed to prevent cars from blocking entry/exit, with
adequate space for vehicles.
Landscaping with tree islands and low-water-use plants in and around the parking lot, and along the perimeter; trees in
the parkway along the street.
Screening for outdoor storage, including brewery operations.
Thirteen bicycle parking spaces and a trash enclosure.
Ecological Characterization Study for the ditch and wetlands, with no development within 50 feet of the irrigation canal
(Natural Habitat Buffer Zone) and no light spill into this area.
Add sidewalks along street frontage.
Walkway connecting the main entrance to the public sidewalk, avoiding vehicle areas.
Dedication of right-of-way for public sidewalks and easements for underground utilities.
Mitigate or replace trees removed from the site and protect existing trees during construction.
Show change in impervious areas from the project, and provide on-site stormwater treatment and detention to prevent
contamination and minimize flooding during storm events.
Change the use from an office
to taproom
Provide outdoor seating
Remove the sloped walk deck
and install new stairs
Add a new 4-foot tall fence to
enclose the yard
Add a new flagstone walkway
from the public sidewalk to the
building
Add crusher fines paving for
the seating area.
What triggered the Development
Review?
To approve the project, the City required the following upgrades:
Slats on the fencing around the yard to be spaced wide
enough that the historic building was still visible from the
public right-of-way
A shorter fence than was originally proposed
A ring of mulch around the existing tree with a radius of 3
feet
On-site bicycle parking
BEFORE BEFORE
AFTER
AFTER
These options are still under consideration. The goal is to design an approach that makes requirements clear from the beginning and is commensurate
with the impact of the proposed changes.
The exterior changes required a Minor Amendment to the
existing site plan.
To approve the project, the City required the following upgrades:
Please note: this is not an extensive list of everything that was required by all City departments.
Page 100
Item 3.
WE WANT
TO HEAR
FROM YOU!
Given the site improvements we
could enforce with a change of
use, which to you are the most
important?
Sidewalk Upgrades
Improvements to sidewalks that may include widening, resurfacing, or adding new
features to make walking safer and more accessible.
Right-Of-Way Dedication
The process of setting aside land for public use, such as streets, sidewalks, or utilities, to
improve access and infrastructure.
Bike Parking
Installation of designated areas for safely storing bicycles, promoting biking as an
alternative mode of transportation.
Street Trees & Tree Lawn
Planting and maintaining trees along streets and in tree lawns (landscaped strip of land
between the sidewalk and the street) to improve aesthetics and air quality.
Replace Missing Landscape
Replanting or restoring areas where landscaping is currently absent to enhance the visual
appeal and environmental benefits of the site.
Trash & Recycling Enclosure
Providing designated, enclosed spaces for trash and recycling bins to keep areas neat
and ensure proper waste management.
New Landscaping/Tree Canopy
Adding new plants, trees, and green spaces to enhance the visual appeal, environmental
quality, and overall atmosphere of the site.
Interior Parking Lot Landscaping
Installing trees, shrubs, or green spaces within parking lots to improve air quality, reduce
heat, and create a more pleasant environment.
Connecting Walkway
Creating pedestrian pathways that link different parts of the site or connect the site to
nearby areas, making walking more convenient and safe.
Lighting Upgrades
Installing light systems designed to protect night skies and the health and safety of
residents and ecosystems.
Stormwater Improvements
Implementing systems to manage and reduce stormwater runoff, such as rain gardens or
permeable pavements, to prevent flooding and improve water quality.
Water Quality & LID (Low Impact Development)
Using environmentally friendly stormwater management technique that seeks to mimic
natural systems, primarily through gardens and landscaping, while also offering a
functional stormwater run-off system.
Page 101
Item 3.
Commercial Code
Sensitivity Analysis
Fort Collins Commercial Zoning Code Update
March 31, 2025
Page 102
Item 3.
Ft. Collins Office and Retail Markets
Commercial Code Sensitivity Analysis
While office and retail rents have remained stable in Ft. Collins (relative to nationwide trends),
demand for new office and retail space has continued to decline following the COVID-19
Pandemic.
Pandemic
Pandemic
Source: CoStar Group. (2024). Commercial real estate data for Fort Collins 2014-2024. https://www.costar.com
Page 103
Item 3.
Ft. Collins Multifamily Market
Meanwhile, housing demand and costs have increased since the pandemic and just started to
stabilize in 2024.
Commercial Code Sensitivity Analysis
Healthy Market
Undersupply
Post
pandemic
undersupply
results in
higher costs
Source: CoStar Group. (2024). Commercial real estate data for Fort Collins 2014-2024. https://www.costar.com
Page 104
Item 3.
Key Concerns & Code Issues Evaluated
1.Flexibility for Secondary Uses in Employment Districts: Should primary/secondary use
requirements be re-considered to support 15-minute city goals in the Harmony Corridor and
Employment Districts?
2.Transit Oriented Development (TOD) Incentives: How effective are existing incentives at
encouraging TOD development types?
Commercial Code Sensitivity Analysis
Page 105
Item 3.
Concept #1: Flexibility for Secondary Uses
Sensitivity Tests:
○Test 1A: Existing Code
○HC: 6 story (5 story wood frame over 1 podium) residential with
ground floor office
○ED: 4 story (3 story wood frame over 1 podium) residential with
ground floor office
○Test 1B: Horizontal Mixed Use
3 story apartments & 1 story free standing retail/commercial
○Test 1C & 1D: Retail Vertical Mixed Use
○1C: 6 story (5 story wood frame over 1 podium) mixed-use with
partial ground floor retail
○1D: 7 story mixed-use with partial ground floor retail
○Test 1E: Standalone Residential
5 story wood frame apartment building
Commercial Code Sensitivity Analysis
Page 106
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
Marginally Feasible
Feasible
Challenging
Test 1A- Harmony
Corridor
Office lease rates
not high enough to
justify construction
costs. This is a drag
on the pro-forma.
Parking and ground
floor requirements
for office reduce
leasable area for
residential.
HC
ED
Page 107
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
ED
Marginally Feasible
Feasible
Challenging
Test 1A-
Employment District
Similar concerns to
Harmony Corridor
regarding office lease
rates and ground
floor primary use
requirements.
Employment District
only allows for four
stories in height
further reducing
project feasibility.
HC
Page 108
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
Marginally Feasible
Feasible
Challenging
Test 1B
Inefficient use of
land. Smaller
residential walk-up
apartment and 1
story commercial
result in two
relatively small
buildings with much
less leasable area.
HC
ED
Page 109
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
Marginally Feasible
Feasible
Challenging
HC
ED
Test 1C
5 stories of wood
frame residential
over retail and tuck
under parking. Retail
has higher lease
rates than office and
provides amenity for
residential units.
Page 110
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
Marginally Feasible
Feasible
Challenging
HC
Test 1D
5 stories of wood
frame residential
over retail over 2
floors of concrete.
Even with parking
reductions for retail,
there is a disincentive
to building an
additional floor due
to higher
construction costs.
ED
Page 111
Item 3.
Concept #1: Sensitivity Analysis Results
Commercial Code Sensitivity Analysis
6.80%
Marginally Feasible
Feasible
Challenging
HC
Test 1E
5 stories maximizes
wood frame
construction type.
Residential revenue
potential is higher
than commercial.
ED
Page 112
Item 3.
Concept #2: TOD Incentives
Sensitivity Tests:
○Test 2A: Existing Code
4 story apartment building
○Test 2B: Existing TOD Bonus
4 floors of residential over 1 floor of retail
○Test 2C: 3-Floor Bonus
6 floors of residential (5 wood, 1 podium) over 1 floor of retail
○Test 2D: 3-Floor Bonus + TIF Incentives
6 floors of residential over 1 floor of retail, 10 year TIF incentive
○Test 2E: Non-mixed use height incentive
5 story apartment building
Commercial Code Sensitivity Analysis
Page 113
Item 3.
Commercial Code Sensitivity Analysis
Marginally Feasible
Feasible
Challenging
Test 2A
Existing code allows
a 4-story
elevator-served
residential building.
This building type is
cost-efficient and
dense enough to
pencil given typical
land costs.
Concept #2: Sensitivity Analysis Results
Page 114
Item 3.
Commercial Code Sensitivity Analysis
Marginally Feasible
Feasible
Challenging
Concept #2: Sensitivity Analysis Results
Test 2B
The TOD overlay
provides 1 additional
floor and reduced
parking
requirements in
exchange
mixed-use. Costs
and soft commercial
rents make this
unattractive.
Page 115
Item 3.
Commercial Code Sensitivity Analysis
Marginally Feasible
Feasible
Challenging
Concept #2: Sensitivity Analysis Results
Test 2C
Even if we maximize
the stick built /
podium building
type at 7 stories and
provide minimal
parking, there is a
disincentive to
building more
floors.
Page 116
Item 3.
Commercial Code Sensitivity Analysis
Marginally Feasible
Feasible
Challenging
Concept #2: Sensitivity Analysis Results
Test 2C
Even if we maximize
the stick built /
podium building
type at 7 stories and
provide minimal
parking, there is a
disincentive to
building more
floors.
Test 2D
Only with a 100%
10-year tax
incentive does the
prospect of adding
3 floors with a
commercial
component begin to
make sense.
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Item 3.
Commercial Code Sensitivity Analysis
Marginally Feasible
Feasible
Challenging
Test 2E
This assumes
1-story additional
height allowance is
allowed in the TOD,
without a
mixed-use
component. This is
the most market
feasible
development type
available today.
Concept #2: Sensitivity Analysis Results
*A 6-story apartment was also tested
and resulted in an 8.8% IRR.
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April 22, 2025
Megan Keith, Senior City Planner
Sylvia Tatman-Burruss, Sr. Policy & Project Manager
The Future of Commercial Corridors and Centers
Land Use Code Updates
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2
Questions
1.What questions do Councilmembers have regarding the
proposed Land Use Code changes?
2.What feedback do Councilmembers have on the timeline or other
considerations for the Land Use Code update?
Page 120
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Headline Copy Goes HereTeam Structure
3
Clay Frickey
Planning Manager
Sylvia Tatman-
Burruss
Senior Project
Manager
Megan Keith
Senior Planner
Noah Beals
Development Review
Manager
Project Manager Project Manager Technical Lead
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Headline Copy Goes HereWhat is the Focus of this update?
The Future of Commercial Corridors and Centers: Land Use Code Updates
The Future of Commercial Corridors and Centers is focused on updating the Land
Use Code governing commercial zone districts,corridors and development
standards to ensure they align with current city policies and community needs.
•Advancing the City’s 15-Minute City goals
•Aligning with existing City policy plans
•Balancing desired outcomes
•Adding clarity to the City's Development Review Process
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Structure Plan
P
P
P
P
P
P Priority Place Types Designated in City Plan Page 123
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Purpose of the Land Use Code Updates:
To Align the LUC with Adopted City Plans
and Policies
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Establishes process
and requirements for
development
approvals
Sets development
standards
Guides future
community planning
Regulates property
use and public benefit
What the Land Use Code Does What the Land Use Code Doesn’t Do
Subsidize Development
Regulate Building Code
Regulate Street Design and Construction
LCUASS Building Code +
others
How do homeowners interact with the LUC? Example: Building an addition
on your house (setbacks, floor area, roof design, etc.)
How do business owners interact with the LUC? Example: Where can I
locate my business? What uses are allowed on my property? (use standards) Page 125
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Headline Copy Goes HereCompliance with House Bills
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House Bill Status
HB24-1313 –TOD
•Requires communities to have an average
zoned density of 40 units per acre along
high frequency transit
•No public hearing required for mixed-use
and multifamily development
•Communities must develop strategies to
mitigate gentrification and displacement
In Progress: On or before June 30, 2025, a
preliminary transit-oriented community assessment
report to the department that includes the transit-
oriented community's housing opportunity goal, the
data and method used to calculate that housing
opportunity goal, and the areas within the transit-
oriented community that may need to be zoned to
accomplish that housing opportunity goal
HB-1152 –Accessory Dwelling Units
•ADUs permitted everywhere single-unit
dwellings are allowed
Complete: Effective as of February 14, 2025
HB24-1304 –Multifamily Parking
•No minimum parking requirements for new
multifamily/mixed-use development along
transit corridors
Complete: Effective as of February 14, 2025
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Headline Copy Goes HereLand Use and Canopy Cover
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ACROSS FORT COLLINS
•Canopy has grown in most Land Use Types
•Residential and Mixed-use greatest opportunity
•8,083 acres of potential tree canopy
•Commercial and Institutional have lost canopy
Exploring Tree Preservation and Mitigation
tree policy…
•Working with Landscape consultant
•Balancing priorities and Guiding Principles
•Bring mitigation policy options to full Council
for consideration in Q3 2025
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Project Schedule & Public Process
10
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Timeline
2024
September October November December
2025
January Februar
y March April May June July
Project
Work
Begins
Draft
Code
Release
Council
Work
Session
Council
Work
Session
Focus
Groups
StartCommunity
Engagement
Kick-Off
Internal and
Legal Review
Boards and
Commissions Review
Staff and Consultant Code
Iteration
Finalize
Scope
Draft
Refinement
September 2025: First and
Second Reading of Code
Council
Work
Session
Engagement
Summary
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Headline Copy Goes HereFall Public Engagement Summary & Themes
12
•Hosted 6 neighborhood visits, one in each City Council District, with
over 50 participants
•Business Kick-Off Event with around 35 attendees
•Community Forum with around 70 attendees
Themes from Neighborhood Visits:
Likes:
•Locally-owned businesses, outdoor seating
•Public art
•Accessibility to surrounding neighborhoods and transit options
•Amenities like childcare, diverse housing options, retail like
coffee shops
Dislikes:
•Expansive parking lots and lack of sidewalks or walkways
•Pedestrian crossings that feel unsafe for cyclists and pedestrians
•Bus stops that feel disconnected from their surroundings
•Bike racks that are difficult to locate, poorly designed
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Focus Groups and Recent Engagement
Focus Group Themes:
•Code-Related changes
•Change of Use Clarity
•Connecting Walkway Standards
•Building Types
•Mismatched Uses and Zone Districts
•Some uses require too complex a review process (Planning
and Zoning, Hearing Officer, BDR)
•Process-Related Changes
•Consistency in code interpretation
•Ability for staff to make decisions (could be resolved with
some code changes for clarity)
•Conflicting comments between different departments
•Lack of clarity in what is required vs. what is “nice to have”
April Engagement Events:
•Virtual Open House
Date:Monday, April 7
Time:6-7:30 p.m.
Platform:Zoom (RSVP required for
access link)
•In-Person Open House
Date:Wednesday, April 9
Time:3-7 p.m.
Location:Center for Creativity, 200
Mathews St.
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Guiding Principles and Project Focus
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Council Priority
Council Priority No. 1:Operationalize City
resources to build and preserve affordable
housing
Council Priority No. 3: Advance a 15-minute
city by igniting neighborhood centers
Council Priority No. 4:Pursue an integrated,
intentional approach to economic health
Council Priority No. 8:Advance a 15-minute
city by accelerating our shift to active modes
Guiding Principles
Enable more housing and mixed-use buildings,
especially along roads with frequent bus service
Create resilient commercial and employment
centers that are adaptable to future needs
Create clearer building and site design standards
that promote transit use, walking, and rolling along
roads with frequent bus service
Improve predictability of the Land Use Code,
especially to support small business owners
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Transit Oriented Development Overlay
•Purpose: Modify the underlying zone districts south of
Prospect Road to encourage land uses and densities
that enhance and support transit.
•The TOD Overlay offers height bonuses if projects meet
various criteria.
•Permitted land uses in the TOD: gas stations, self-
storage, drive-thru restaurants, drive-thru pharmacies,
car washes, drive-thru banks & credit unions, and stand-
alone parking lots, amongst others.
Enable more housing and mixed-use buildings,
especially along roads with frequent bus service
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Transit Oriented Development Overlay
Recalibrate existing incentives for encouraging TOD
development and examine uses permitted within this area
•Much of the development and redevelopment in this area
continues to be low-intensity and auto-centric uses.
•With current market conditions, the incentives offered by the
TOD Overlay are not economically feasible for producing
mixed-use development.
•Some currently allowed uses may not align with the vision of
the TOD overlay.
•Large areas of existing surface parking.
The satellite image (of the city) tells the
whole story. Sprawling parking lots
mean wasted space, hot pavement,
and a hostile environment for people.
Most of the neighborhoods and
businesses along the transit line are not
connected to the transit line because of
all the vacant parking lots.
All these gigantic parking lots along
College drive me crazy. They’re always
20% full at most. Build apartments and
townhomes lining College with the big
boxes behind. Housing is occupied at
night and retail during the day. Let them
share lots.
Quotes/Statements from Focus
Groups & Community Engagement:
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Draft Guiding Principle: Enable more housing and mixed-use buildings, especially
along roads with frequent bus service.
Recommended Land Use Code Changes:
•Recalibrate incentives: Easier to achieve height bonuses for standalone
residential
•Adjust permitted uses: Limit additional low-intensity or excessively auto-
centric uses
•Recalibrate non-residential parking: consider lowering surface parking
minimums and/or maximums for commercial uses
•Leverage other City incentives outside of the LUC to encourage desired
TOD development
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Questions?
19
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Harmony Corridor & Employment Zones
Employment Zoning in Fort Collins
-Employment (E)
-Harmony Corridor (HC)
•Secondary Uses:
•Residential uses (with some exceptions)
•Convenience shopping centers
•Standard restaurants
•Limited indoor recreation use and facility
•Child Care Centers
•And Others
•Primary Uses:
•Offices, financial services & clinics
•Long term care facility
•Medical centers/clinics
•Light industrial
•Mixed-use Dwellings
•And Others
Create resilient commercial and employment
centers that are adaptable to future needs
The Harmony Corridor District is intended to implement the design concepts and
land use vision of the Harmony Corridor Plan -that of creating an attractive and
complete mixed-use area with a major employment base.
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Harmony Corridor & Employment Zones
•Current primary/secondary use requirements could
impair mixed-use strategies and policies
•Low demand for primary uses over several decades,
corridor is almost fully developed
•Demand for new office space has continued to decline
following the COVID-19 Pandemic
Reconsider primary/secondary use requirements
to support 15-minute city goals in the Harmony
Corridor and Employment Districts
Quotes/Statements from Focus
Groups & Community Engagement:
Redefine employment zones to better
accommodate market needs and
mixed-use commercial developments.
Re-evaluate restrictions on secondary
uses and redefine employment zones
to better reflect the current, post-
pandemic market.
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Guiding Principle: Create resilient commercial and employment centers that are
adaptable to future needs
Recommended Land Use Code Changes:
•Adjust the primary/secondary use ratio to allow for a greater mix of uses,
including housing
•Adjust primary use requirements in mixed-use buildings
•Allow more secondary uses as part of a multi-story, mixed-use
development
•Allow standalone secondary uses to be developed if replacing an existing
surface parking lot
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Questions?
23
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Building Types & Design Standards
•The LUC currently does not include non-residential building
types or provide additional configurations of mixed-use
buildings (Article 3 of the LUC)
•Article 5 of the LUC (General Development and Site Design)
includes the standards that influence building placement and
site design, building standards, circulation and connectivity
standards, bus stop design standards, etc. –standards that
influence the pedestrian, multi-modal, and transit
experience.
Create clearer building and site design standards
that promote transit use, walking, and rolling along
roads with frequent bus service
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Building Types & Design Standards
Create nonresidential building types, streamline and
reduce redundancy within Article 5
•Form standards and building types (like the diagrams added
during the last round of LUC updates) can yield better
design outcomes and can help achieve more predictability in
built projects.
•Article 5 of the LUC was not updated during the last round of
updates and contains redundant sections that could be
clarified, simplified, and possibly eliminated with the addition
of building types.
Most of the neighborhoods and
businesses along the transit line are not
connected to the transit line because of
all the vacant parking lots.
Please encourage or require all new
developments near MAX bus stops to
provide a pedestrian walkway
connecting the stop to the main street.
Asking pedestrians to walk an extra half
mile to reach a stop does not
encourage riders to use the service.
Quotes/Statements from Focus
Groups & Community Engagement:
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Guiding Principle: Create clearer building and site design standards that promote
transit use, walking, and rolling along roads with frequent bus service
Recommended Land Use Code Changes:
•Develop new Non-Residential Building Types to be added to the LUC
•Consolidate and organize standards addressing non-residential buildings. Convert
text standards to illustrations and graphics
•Update pedestrian-oriented design standards:
•Connectivity and site circulation
•Frontage and ground floor activity
•Building massing and articulation
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Questions?
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Change of Use Process
•A change of use means the act of changing the
occupancy of the building or land to a different use
•Under the current process, businesses are required to
comply with the LUC, with a few exceptions
•Traditionally, the Land Use Code has relied on an
'all-or-nothing' approach to site upgrades
•The Director may grant a waiver for a few
standards only
Improve predictability of the Land Use Code,
especially to support small business owners
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Change of Use Process
Explore strategies to help ensure sites are brought up to
modern standards over time without discouraging new
business formation
•Older sites and buildings help foster new business formation
but require costly and time-consuming site upgrades
•The current process lacks clarity about the type of upgrades
and cost associated
•Changes required can seem disproportionate to the change
proposed
Consider how to encourage small
businesses to open without putting
enormous costs on their shoulders,
such as the cost of installing city
sidewalks or repairing off-site
infrastructure.
The number of review cycles should be
determined by the complexity of the
project. For example, reuse projects
don’t need multiple rounds of review.
Create a program for small business
owners to move into a building, comply
with essential codes, and then start
operating, gradually becoming
compliant with the entirety of the Code.
Quotes/Statements from Focus
Groups & Community Engagement:
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Draft Guiding Principle: Improve predictability of the Land Use Code, especially to
support small business owners
Land Use Code Changes under consideration:
•Design an approach that makes requirements clear from the beginning and is
commensurate with the impact of the proposed changes:
•Reduce the quantity of projects that must go through the change of use
process
•When a site is undergoing a more significant change, limit site upgrades to a
percentage of the total cost of the project
•Prioritize the site upgrades that the Land Use Code requires
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Questions?
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32Next Steps
April Council
Work Session
Community Engagement
Info Sessions
Code
Iteration
Draft Code
release
June
Code
Refinement
Public Review of
Draft
Focus Groups
WINTER /
SPRING
SPRING SPRING/SUMMER
July Council
Work Session
Community Engagement
SUMMER
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Questions
1.What questions do Councilmembers have regarding the
proposed Land Use Code changes?
2.What feedback do Councilmembers have on the timeline or other
considerations for the Land Use Code update?
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Item 3.
File Attachments for Item:
4. Sounds of the City
The purpose of this item is to discuss different sounds in the city, its effect on the community
from a diverse perspective, current compliance practices and areas of opportunity. A phased
approach is proposed, prioritizing the immediate review of traffic, fireworks, and agricultural
exemptions, followed by ongoing research and neighborhood engagement regarding amplified
noise.
Page 153
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 3
April 22, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Lori Schwarz, Community Development and Neighborhood Services Director
Eileen May, Cultural Services Director
Sergeant David Lindsay, Fort Collins Police Services
SUBJECT FOR DISCUSSION
Sounds of the City
EXECUTIVE SUMMARY
The purpose of this item is to discuss different sounds in the city, its effect on the community from a
diverse perspective, current compliance practices and areas of opportunity. A phased approach is
proposed, prioritizing the immediate review of traffic, fireworks, and agricultural exemptions, followed by
ongoing research and neighborhood engagement regarding amplified noise.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback does Council have regarding the identification of opportunity areas?
2. What feedback does Council have regarding the phased approach of updates to the municipal codes
regarding noise?
3. Are there other noise related issues that Council would like more information on?
BACKGROUND / DISCUSSION
The City's noise-related municipal codes, last updated in 2008, do not reflect current urban density, traffic
patterns, or the expanded availability of entertainment venues. This has resulted in increasing tension
between quality-of-life expectations, the desire for vibrant urban spaces, and the preservation of
neighborhood livability.
Staff is recommending a phased approach to addressing updates to the code related to traffic, fireworks,
agricultural exemptions, and amplified noise. Phase 1 will focus on items that are low effort to implement
but high impact as it relates to enforcement and Phase 2 will focus on amplified noise which will require
further research and neighborhood outreach, if Council wants staff to pursue this item.
In addition to these focused areas, staff seeks Council guidance on additional noise and sound concerns
that may necessitate code amendments, or clarification regarding the existing code's efficacy in enabling
appropriate compliance and enforcement.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 3
Phase 1 : Traffic, Fireworks, Agricultural Exemptions
Fort Collins Police Services (FCPS) staff continue to receive numerous reports from community members
regarding noise occurrences throughout the City. These reports span a variety of sources, with examples
including party complaints, general noise complaints, vehicle related noise complaints, and fireworks. In
response, police staff have reviewed reported incidents and citations related to noise violations from 2023
to 2024. The goal was to assess how effectively current ordinances are being used in enforcement.
Through this analysis, three primary areas for consideration and potential updates were identified.
The first consideration is to establish a new ordinance within the City’s Traffic Code specifically addressing
prohibited actions and equipment violations related to vehicle-generated noise. While the existing
Municipal Code touches on some aspects of vehicle noise, it primarily focuses on residential noise
occurrences. A dedicated ordinance would provide clearer, more targeted language, enabling more
effective enforcement. This recommendation is driven by a noticeable increase in complaints about
vehicle-related noise, including loud stereos, ineffective mufflers, engine revving, and similar concerns.
The second area involves clarifying and restructuring the current muffler ordinance within the Traffic Code.
Updating the language will enhance clarity and allow police staff to apply the ordinance more effectively
during enforcement efforts.
The third update includes considering the creation of a new ordinance that enables police staff to hold both
property owners and tenants accountable for illegal firework use. Current ordinances present limitations in
enforcement, and this new measure would help improve accountability and support more effective
regulation of fireworks within city limits.
The Community Development and Neighborhood Services (CDNS) staff have also reviewed the City’s
noise ordinance due to recent complaints in the downtown area and adjacent neighborhoods. These have
included agricultural operations as well as amplified noise concerns. Through this review, staff has
identified a few areas for consideration of updates to the 2008 noise ordinance.
The first is to clarify the alignment of the existing municipal noise ordinance with Colorado statutes.
Currently, the noise ordinance provides a brief reference for exceptions as ’noise from agricultural
activities’. The recommended language would reflect state law and provide a definition of agriculture for
consistency in application of this ordinance.
Phase 2: Amplified Noise
The second area for consideration would require additional research and community feedback. During the
response to resident complaints, CDNS staff has noted that the ambient sound levels of the community
now exceed the maximums provided in the current noise ordinance. This makes it difficult to enforce
regulations when the baselines have already been exceeded during normal daily activities within the
community.
As noted previously, the maximum decibel levels for zoning districts are being regularly exceeded in the
normal activities of our community. Dependent upon City Council feedback, CDNS staff will begin taking
regular sound readings, at identified locations throughout the city, to better understand the fluctuations at
different times of the day as well as through different seasons. We will continue to respond to any
community concerns regarding sound and closely monitor these situations to better understand
correlations specific to times of day and noise-generating activities.
In addition to these readings, Staff will also begin a holistic neighborhood engagement strategy to
understand the effects and opinions of amplified sound throughout the community. Amplified sound can
range from small speakers at neighborhood events through live concerts at various outdoor venues across
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 3
the city. We will also research how other communities are addressing these types of sounds to determine
best practices for our city.
Finally, the current noise ordinance is creating barriers to fully realizing the goals outlined in the FoCo
Creates Master Plan, which envisions Fort Collins as a vibrant, dynamic city where arts and culture are
central to the community’s identity. The restrictions on amplified sound, while intended to protect residential
tranquility, limit the City’s ability to host larger, diverse cultural events—such as outdoor concerts,
multicultural festivals, and community-driven performances—that bring people together and showcase the
city’s rich creative talent. By adjusting the noise ordinance, we can create more opportunities for artistic
expression, support local artists and cultural groups, and foster an inclusive environment where residents
and visitors can experience the full range of creative activities envisioned in the FoCo Creates plan.
Reevaluating these restrictions will help better align with the plan’s goal of cultivating a thriving, accessible
cultural scene in Fort Collins.
Lastly, this data and feedback will serve as the foundation for future recommendations and potential
revisions to the current noise ordinance, ensuring a balanced approach that supports both community
vitality and quality of life.
Future Considerations
The following are not in any staff work plans; however, staff is aware of these potential opportunities for
future considerations.
Automated Noise Monitoring: Feasibility of automated noise level tracking through red-light camera
technology, contingent upon future legislative changes in Colorado. Although AVIS has the
technological capability, it is prohibited under Colorado state law
Urban Noise Sensor Deployment: Potential for deploying city-wide noise sensors to inform data-
driven urban planning and development decisions.
Advanced Speaker Technology: Advancements in speaker intelligence design for noise pollution
mitigation.
Quiet Zone and Wayside Train Horn Investments: Continue research into quiet zone designations
and potential investments in wayside train horn systems.
Venue Noise Mitigation: Potential to collaborate with venue promoters on noise mitigation design
considerations for future new venues.
NEXT STEPS
Dependent on Council feedback, staff can bring forward ordinance updates for consideration on first
reading as early as May 6, 2025 for Phase 1 recommendations. This will allow for enforcement to begin at
the start of this summer.
Dependent on Council feedback, staff can continue to research work contemplated in Phase 2 and start
neighborhood outreach. Updates can be shared with Council during a Work Session in October 2025 and
code updates considered in November 2025. This will allow for changes to take into effect for the next
presenter series.
ATTACHMENTS
1. Presentation
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Community Development and
Neighborhood Services Director
Lori Schwarz
Police Services
Sgt. David Lindsay
Sounds of the City
04-22-2025
Eileen May
Cultural Services DirectorPage 157
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Questions for Council
What feedback does Council have regarding the identification of
opportunity areas?
What feedback does Council have regarding the phased approach
of updates to the municipal codes regarding noise?
Are there other noise related issues that Council would like more
information on?
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3
WHAT ARE THE TYPES OF
SOUNDS IN THE CITY?
HOW ARE WE ENFORCING
UNWANTED NOISE AND IS
IT WORKING?
WHERE ARE THERE
OPPORTUNITY AREAS?
TIMELINE FOR COMMUNITY
OUTREACH AND COUNCIL
CONSIDERATION
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Alignment with City Plans
Council Priority:
Pursue an
integrated,
intentional
approach to
economic health
Council Priority:
Advance a 15-
minute city by
igniting
neighborhood
centers
Strategic Plan C&R
1: Make City arts,
cultural and
recreational
programming more
inclusive to reflect
the diversity of our
community
Strategic Plan:
Neighborhood &
Community Vitality
Performance
Measures
FoCo Creates Arts
and Culture Master
Plan (2019)
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Regulations Working
Effectively
•Chronic Animal Sounds
•Construction Activities
•House Parties
•Idling Vehicles
•Industrial Operations
•Lawn Care Activities
Phase 2 Recommendations
•Ambient Sound Levels
•Amplified Sounds
•Entertainment Areas
•Outdoor Concerts
Phase 1 Recommendations
•Agricultural Operations
•Fireworks
•Traffic/Vehicle Sounds
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CDNS: Current operations
Current Noise Ordinance:
Daytime Limits: 7:00 am –8:00 pm
•Residential zone limits: 55 db
•Downtown/Neighborhood Commercial: 60 db
•Employment: 70 db
•Industrial: 80 db
Nighttime Limits: 8:00 pm –7:00am
•Residential zone limits: 50 db
•Downtown/Neighborhood Commercial: 55 db
•Employment: 65 db
•Industrial: 75 db
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CDNS –Agricultural Operations
Update Existing Municipal Noise Ordinance to Align with Colorado statutes
•Provides definition of "agriculture" as defined by the state
•Clarifies agricultural operation exception within the noise ordinance
•Ensures consistency between local and state regulations
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FCPS: Current Operations
•Ordinances we currently enforce that impact house parties/gatherings and some
traffic related noise:
•Unreasonable noise –disorderly conduct, moving violation, party
•Mufflers –none or modified
•Fireworks (limited enforcement ability)
•2023-2024:
•126 noise-related violations resulted in a citation
•4 resulted in an arrest
•Unreasonable noise and defective/modified muffler comprised 82% of all
noise-related violations
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Headline Copy Goes Here2023-2024: Noise-Related Citations
9
18
6 7
1
7
5 5
141
1
2
4
12
9
15
1
4
1
3
2
1
4
3
1
1
1
1
QTR1 QTR2 QTR3 QTR4 QTR1 QTR2 QTR3 QTR4
2023 2024
Noise-Related Citations by volume: YoY by Quarter
42-4-225 VEHICLE HAD
(DEFECTIVE/IMPROPER/NO) MUFFLERS
18-9-106(1)(c) DISORDERLY CONDUCT -
UNREASONABLE NOISE - (PO1)
FC-17-129(M) FC-UNREASONABLE NOISE
(MOVING VIOLATION)
FC-9-1 FC-FIREWORKS USE OR
POSSESSION
225(1) DEFECTIVE/IMPROPER/MODIFIED
MUFFLER
FC-17-129 FC-UNREASONABLE NOISE
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Headline Copy Goes HereRecommendations to Further Enforcement Efforts
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•Add municipal ordinance specific to unreasonable TRAFFIC noise with criteria,
including:
•Time of day
•Location
•Vehicle modifications etc.
•Clarify and enhance muffler ordinance
•Add fireworks ordinance to hold homeowner/resident accountable for fireworks
violation(s) related to the property
•Education efforts –strategically repeated:
•Social media platforms
•SRO’s –school district
•Community engagement events
•Other recommendations from Council?Page 166
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Phase 1 timeline
Clarify agriculture exemptions to align the state
Add unreasonable traffic noise ordinance
Enhance muffler ordinance
Add fireworks ordinance specific to property
Dependent on Council feedback, these Code changes can be brought forward for Council
consideration as early as May 6 for first reading and May 20 for second reading
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Questions and feedback on Phase 1
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Page 168
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Headline Copy Goes HereTypes of Sound & Opportunities
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Regulations Working Well
•Chronic Animal Sounds
•Construction Activities
•Lawn Care Activities
•Industrial Operations
•House Parties
Phase 2 Recommendations
•Ambient Sound Levels
•Amplified Sounds
•Outdoor Concerts
•Entertainment Areas
Phase 1 Recommendations
•Agricultural Operations
•Fireworks
•Traffic/Vehicle Sounds
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Why now: Population Growth
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Why now: Increased vehicle volume in 2008
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Why now: Increase vehicle volume in 2022
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Why now: Community Factors
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CDNS –how do we manage compliance?
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CDNS –Future Noise Ordinance Considerations
Adjust Ambient Noise Limits to Reflect Current Conditions
Daytime Limits: 7:00 am –8:00 pm
•Residential zone limits: 55 db
•Downtown/Neighborhood Commercial: 60 db
•Employment: 70 db
•Industrial: 80 db
Consider Provisions for Amplified Sounds including:
•Neighborhood Block Parties
•Downtown District
•Entertainment Venues
•Parks Programming
Other Noise Ordinance Considerations by City CouncilPage 175
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Why now? Growth in Parks, Places & People
Since 2008, Fort Collins has added:
•6+ new neighborhood parks
•Twin Silo Community Park
•Poudre River Whitewater Park
•Foothills Activity Center
•9 new venues including The Exchange (Old Town), The Gardens on Spring Creek Amphitheater,Foothills
Mall,Washington's, The Armory, and The Elizabeth Hotel.
Parks and Recreation Master Plan (2021)
•Goal: Expand Park Activation through programming, events, and community engagement
•Increased activity demands a noise ordinance that balances vibrant use with neighborhood peace
FoCo Creates Arts & Culture Master Plan (2019)
•Prioritizes placemaking, activation, and cultural vibrancy
•Calls for creative uses of public spaces, including performances and community events that may generate noise
Community Expectations Have Shifted
•More people are living near activated spaces and desire both liveliness and livability
•Clearer, updated noise guidance helps preserve community trust and manage expectations
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FoCo Creates Arts & Culture Master Plan
Support Creative Activation of Public Spaces
•FoCo Creates calls for more performances, festivals, and art events in parks, plazas, and streets
•Current ordinance may limit spontaneous or small-scale performances
•Updated rules can empower artists while managing sound responsibly
Advance Cultural Equity & Access
•A modern noise ordinance ensures that all neighborhoods can host cultural events
•Reduces barriers for community-led activations
Align Policy with Placemaking Goals
•Plan prioritizes placemaking and community-building through the arts
•Noise ordinance reform supports vibrant, welcoming, culturally-rich public spaces
•Encourages collaboration between artists, neighborhoods, and the City
Position Fort Collins as a Creative City
•Updating the ordinance signals that Fort Collins welcomes and supports the arts
•Reinforces goals of becoming a regional leader in cultural vitality and innovation
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Arts & Culture –Aligning Policy with Potential
History and Context
Ordinance No. 118, 2017
•Limits timing, frequency, and volume of Gardens on Spring Creek concerts
Aligning Policy with Potential:
•Event Growth
•Lost Revenue
•Economic Ripple Effect
•Community Programming Impacts
•Environmental Design Consideration
•Strong Community Support
•Opportunity for Balance
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Gardens on Spring Creek Summer Concert Series
Advancing Creative Placemaking
•The Master Plan emphasizes transforming public spaces into hubs for creativity and connection
Enhancing the Gardens' Role
•Reevaluating noise restrictions will enable the Gardens to thrive as a dynamic, multi-use cultural space.
Increasing Access to Arts and Culture
•Greater flexibility with amplified music fosters inclusive, community-driven events that reflect the city’s
diverse voices.
Strengthening the Creative Economy
•Cultural events are key drivers of economic vitality. Removing noise ordinance barriers promotes local
vendors, creates artist opportunities, and attracts tourism—all aligned with the Master Plan’s core goals.
Fostering Collaboration
•Loosening restrictions supports partnerships between the Gardens, local musicians, nonprofits, and cultural
groups, advancing the Plan’s focus on cross-sector collaboration.
Building Cultural Vibrancy
•Allowing the Gardens to host more expressive, sound-inclusive events brings the Master Plan’s vision of a
thriving cultural scene to life in Fort Collins.
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Phase 2 Timeline
Pending Council Feedback:
Staff intends to conduct further research and return with recommended code updates related to amplified noise.
Timeline & Engagement Plan:
Goal: Holistic neighborhood engagement strategy
Summer–Fall 2025
•Conduct general outreach and community readings
•Leverage Gardens on Spring Creek concert series (ends Sept. 13) for surveys and research
October 2025
•Council Work Session to review findings and draft recommendations
November 2025
•First Reading of proposed Code changes (Early November)
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Questions for Council
What feedback does Council have regarding the identification of
opportunity areas?
What feedback does Council have regarding the phased approach
of updates to the municipal codes regarding noise?
Are there other noise related issues that Council would like more
information on?
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