HomeMy WebLinkAboutMINUTES-03/03/2009-RegularMarch 3, 2009
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 3, 2009,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell.
(Councilmember Brown excused from Council meetings from October 28, 2008 through April 7,
2009, authorized by Resolution 2008-104.)
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Lauren Walquist, 301 East Magnolia, stated she is a Fort Collins Symphony intern and requested
Council provide funding for the Symphony.
Dan Murphy, 2024 Huntington Circle, Fort Collins Symphony member, requested support from the
City for the Symphony as the Symphony provides many economic benefits to the community.
Wes Kinney, 1033 Pinnacle Place, Fort Collins Symphony Music Director, stated the Symphony
provides many benefits to the community and deserves funding support from the City.
Terese Kaptor, 1008 Sailors Reef, Fort Collins Symphony Executive Director, thanked Council for
providing sponsorship for the upcoming Symphony fundraiser. The Symphony is a professional
orchestra with paid musicians. Fort Collins receives many economic benefits from those that are
members of the symphony and those who attend performances.
Cheryl Distaso, 135 Sunset, stated the changes in Transfort schedules are scheduled to take effect
on March 9, which is an inappropriate date to make such a change. The changes should take effect
later in May, after CSU has completed its spring semester. She wanted changes made to Citizen
Participation time during Council meetings so that citizens could respond to Council comments
made at the end of Citizen Participation time.
Mike Devereaux, 2150 Maid Marian Court, stated his concerns about certain bus stops that are not
handicap -accessible. Power wheelchairs should be allowed in bike lanes.
Pete Seal, Fort Collins resident, stated the 3-unrelated ordinance has greatly improved the quality
of life in his neighborhood and he did not want Council to repeal the ordinance.
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March 3, 2009
Katy Freudenthall, Directorof Community Affairs, ASCSU, thanked Council and staff for asking
students to participate on a task force reviewing the 3-unrelated ordinance. Neighborhood relations .
between students and home owners have improved due to education and outreach from the City and
CSU and not because of the 3-unrelated ordinance. She requested that the changes to Transfort
routes be delayed until the end of the spring semester.
Citizen Participation Follow-up
Councilmember Ohlson asked why the Transfort route changes were occurring mid -semester and
if those changes could be delayed. City Manager Atteberry stated route changes historically have
been made twice a year, during CSU breaks. These route changes were delayed from January to
March to allow more public comment on the proposed changes.
Councilmember Manvel asked how many Transfort bus stops were not handicap accessible and the
proposed steps to make all stops handicap accessible.
Councilmember Troxell stated the 3-unrelated ordinance makes it hard for students to find affordable
housing and should be repealed.
Councilmember Roy asked that the consideration of the Poudre School District population be given
in any decision to implement Transfort route changes.
Councilmember Poppaw thanked Laurel elementary students for attending the Council meeting.
Agenda Review
The City Manager stated there were no changes to the Agenda.
CONSENT CALENDAR
6. Second Reading, of Ordinance No. 020, 2009, Appropriating Unanticipated Grant Revenue
and Transferring Prior Year Reserves in the Larimer County Druy, Task Force Reserve to the
General Fund for the Larimer County Drug Task Force.
The City has received two grant awards for the operation of the Larimer County Drug Task
Force. The first is from the Office of National Drug Control Policy in the amount of $45,150.
The second is the Edward Byrne Memorial Justice Assistance Grant FY 2008 in the amount
of $21,536. These grants will'be used for Task Force operating expenses. This Ordinance,
unanimously adopted on First Reading on February 17, 2009, appropriates these funds.
7. Second Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue
for Transfer From the Transportation Services Fund to the Capital Projects Fund - Building
on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project.
The City has entered into an agreement with the Colorado Department of Transportation
(CDOT) to receive the CMAQ funding for an Alternatives Analysis study and recommended
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March 3, 2009
improvements to Jefferson Street/SH14, from North College Avenue to Mountain Avenue.
This Ordinance, unanimously adopted on First Reading on February 17, 2009 appropriates
the funding from CDOT to be used for any or all of the following phases of the project:
Alternatives Analysis study, preliminary/final design, engineering, right-of-way, and
construction. The City's matching funds are being provided by existing Building on Basics
intersection funds.
8. Second Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue
in the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street
Streetscape Project, Phase I.
The City has entered into an agreement with the Colorado Department of Transportation
(CDOT) to receive the Transportation Enhancement funding for improvements to the Linden
Street Streetscape project. This Ordinance, unanimously adopted on First Reading on
February 17, 2009, appropriates this funding from CDOT to be used for any or all of the
following phases of the project: design: engineering, right-of-way, and construction for the
segment of Linden Street from Jefferson Street/SH 14 north to the Poudre River bridge. The
City's matching funds are being provided by existing Building on Basics Pedestrian Plan
funds.
9. Second Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue
in the Light and Power Fund for the Acquisition and Installation of Energy Efficient
Equipment.
The City will receive a $778,000 grant from the Energy and Mineral Impact Assistance
program funds through the Colorado Department of Local Affairs to facilitate a number of
energy efficiency, retro-commissioning, renewable energy projects. The Bohemian
Foundation has committed $430,000 in community support of this grant. Additional
individual partner contributions total approximately $1,292,678. This Ordinance,
unanimously adopted on First Reading on February 17, 2009, appropriates a total of
$1,208,000 in the Light and Power Fund.
10. First Reading of Ordinance No. 024, 2009, Appropriating Unanticipated Grant Revenue in
the Light and Power Fund for the Residential Solar Rebate Program and Authorizing the
Transfer of Matching Funds Previously ppropriated in the Light and Power Operating
Budget.
The Ordinance appropriates funds received from additional grant funding received from the
State of Colorado's Governor's Energy Office totaling $25,000. Combined with the Utilities
matching funds, $50,000 will be used for the Residential Solar Rebate Program
(Photovoltaic).
March 3, 2009
11. Resolution 2009-023 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Mountain View School Second Annexation.
The applicant, Vignette Studios, on behalf of the property owner, Poudre School District, has
submitted a written petition requesting annexation of 1.46 acres located on the north side of
LaPorte Avenue, midway between North Taft Hill Road (to the east) and North Overland
Trail (to the west). The property is partially developed as a Poudre School District parking
lot and is in the FA, Farming District in Larimer County. The requested zoning for this
annexation is LMN, Low Density Mixed -Use Neighborhood. The surrounding properties
are currently zoned RL, Low Density Residential in the City to the south and LMN, Low
Density Mixed -Use Neighborhood in the City to the west, east, and north. Existing Poudre
School District facilities are to the west and south; and, property to the east and north are
undeveloped; however, the Sanctuary West residential development proposal is under review
by the City.
12. Routine Easements.
A. Easement for construction and maintenance of subsurface public utilities from Scotch
Pines Village, LLLP, to install concrete vault and subsurface to upgrade existing
underground electric system, located at Drake Road and Lemay Avenue. Monetary
consideration: $684.
B. Easement for construction and maintenance of public utilities from Scotch Pines
Village, LLLP, to install electric padmount switch to upgrade existing underground
electric system, located at Drake Road and Lemay Avenue. Monetary consideration:
$996.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 020, 2009, Appropriating Unanticipated Grant Revenue
and Transferring Prior Year Reserves in the Larimer County Drug Task Force Reserve to the
General Fund for the Larimer County Drug Task Force.
7. Second Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue
for Transfer From the Transportation Services Fund to the Capital Projects Fund - Building
on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project.
8. Second Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue
in the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street
Streetscape Project, Phase I.
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March 3, 2009
9. Second Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue
in the Light and Power Fund for the Acquisition and Installation of Energy Efficient
Equipment.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 024, 2009, Appropriating Unanticipated Grant Revenue in
the Light and Power Fund for the Residential Solar Rebate Program and Authorizing the
Transfer of Matching Funds Previously Appropriated in the Light and Power Operating
Budget.
16. First Reading of Ordinance No. 025, 2009, Amending Chapters 17 and 24 of the City Code
for the Purpose of Permitting and Regulating the Placement of Portable Signs on Sidewalks
in Certain Areas of the City
17. Items Relating to an Amended and Restated Organic Contract and Contract for the Supply
of Electric Power and Energy.
A. First Reading of Ordinance No. 026, 2009, Authorizing an Amended and Restated
Organic Contract for Platte River Power Authority.
B. First Reading of Ordinance No. 027, 2009, Authorizing an Amended and Restated
Contract With Platte River Power Authority For the Supply of Electric Power and
Energy.
18. Items relating to adoption of the South College Corridor Plan.
C. Hearing and First Reading of Ordinance No. 028, 2009, Amending the Land Use
Code for the Purpose of Implementing the South College Corridor Plan.
D. Hearing and First Reading of Ordinance No. 029, 2009, Amending the Zoning Map
by Changing the Zoning Classification for that Certain Property Known as the South
College Corridor Plan Rezonings.
F. Hearing and First Reading of Ordinance No. 030, 2009, Amending the Zoning Map
and the North College Corridor Plan to Comport with the Changes Which Have Been
Made to the City's Comprehensive Plan and Land Use Code as a Result of the
Adoption of the South College Corridor Plan.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw to adopt and approve
all items on the Consent Calendar. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
THE MOTION CARRIED.
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March 3, 2009
Staff Reports
City Manager Atteberry noted Ryan Burke, Graphics Specialist, has recently been recognized by
Character Fort Collins for the character quality of creativity.
Brian Janonis, Utilities Executive Director, stated Fort Collins Utilities is the first municipal utility
registered as a member of the International Global Reporting Initiative (GRI), an organization that
developed the leading reporting framework to benchmark organization performance and commitment
to sustainable practices. The Utility used GRI as a step to implement the 21 st Century Initiative.
Ordinance No. 025, 2009,
Amending Chapters 17 and 24 of the City Code for the Purpose of Permitting
and Regulating the Placement of Portable Signs on Sidewalks in Certain
Areas of the City, Adopted on First Reading
The following is staffs memorandum on this item.
"FINANCIAL IMPACT
The allowance ofportable signs in the right of way will require minimal time for the administration
of a permit process that may generate enough revenue to pay for the current staff time required to
issue and administer the permits. Compliance and enforcement ofthe proposed Code language will
be handled with simultaneous inspections ofotherpermitted downtown amenities including outdoor
seating areas and news racks. Estimated revenue from the permittingprocess is $1000.00 annually.
EXECUTIVE SUMMARY
The City of Fort Collins Municipal Code currently prohibits the placement of portable signs in the
public right-of-way (ROW). Portable signs, generally known as "sandwich board, " "a -frame " signs
or pedestal signs are a common type ofadvertising device in many downtown areas and other areas
that are predominantly pedestrian oriented. There has been interest expressed by some in the
downtown business community in legalizing the use of such signs in the downtown area. The
purpose would be to display menus and other information for businesses in a way that would
enhance the pedestrian experience in business areas.
City staff has reviewed the request with extensive input from the downtown businesses and has
surveyed other communities to determine how they handle the sign issue. Furthermore, staff has
worked with the Colorado Department of Transportation (CDOT) to alleviate concerns with the
state highway issues. From this research City staff believes that it would be workable to allow the
use of pedestrian oriented portable signs in the right-of-way of certain designated locations to be
regulated through a permitting process.
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March 3, 2009
BACKGROUND
THE ISSUE
Currently, portable signs are prohibited by City Code. Council has been provided a proposed
ordinance that would allow controlled placement of portable signs in the rights of way. Business
owners in pedestrian oriented areas indicate that portable signs are an important tool to maintain
a healthy business environment. The goal is to find a solution that fosters a healthy business
climate, maintains a safe environment for pedestrians and prevents visual clutter.
OUTREACHAND RESEARCH
This matter was discussed with City Council at the January 13, 2009 work session. Council
suggested that all pedestrian business oriented areas be reviewed and considered for portable sign
placement. Locations throughout Fort Collins have been evaluated for compatibility with this
proposed ordinance change. In staying consistent with the philosophy of allowing placement of
portable signs in the right of way, the boundary for portable signs is based on business locations
that have on street parking and ample sidewalk or right of way width to allow placement. The focus
of the sign is to be displayed towards a sidewalk user's view point and not a vehicular view point.
A boundary map is attached for review of those findings. (Attachment 3)
The matter was presented to the Downtown Business Association Board (DBA) on February 11,
2009. The DBA acknowledged Council 's comments and is committed to the idea that portable signs
should possess aesthetic characteristics of downtown Fort Collins. The DBA also remains
supportive of this approach and is devoted to educating and proactively assisting business owners
and City staff in the placement of signs in front of their respective businesses.
On February 12, 2009, City staff met with the Commission on Disability to share the idea of
permitting portable signs in the right of way. The board and executive staff members were very
pleased and supported the minimum clearance requirements and safety components of the proposed
code language presented to them.
City staff has thoroughly researched and assisted the City Attorney's office in the development of
Code language that both provides safe parameters for the placement of portable signs in the right
of way and maintains aesthetic conditions of the signs. Furthermore, control over stability and
dimensional standards have been carefully considered and researched to provide that safety and
mobility are not compromised.
Staff has followed the recommendation from the January 13, 2009 Work Session and has
incorporated a "review clause " that requires the City Manager to report to City Council on the
status of the portable sign ordinance prior to the two year anniversary of the effective date of this
proposal. At that time Council could opt to continue the practice of allowing portable signs in the
right of way, modify the ordinance or disallow the placement of portable signs.
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March 3. 2009
ENFORCEMENT
City staff is prepared to administer and manage portable signs in the right of way. Permitting will
be similar to what is required of printed media publishers requesting placement of their materials
in the public rights of way. Existing electronic databases will be utilized to manage and track all
sign placement. A permit will be required, and each sign owner will be required to provide
insurance with their application, along with a $10 application fee. Permits will be approved for one
year from the time of approval. Placement of portable signs will periodically be inspected once
approved.
With the exception ofpedestrian oriented areas, staffhas enforced sign placement in the right of way
on both a proactive and reactive basis. If staff observes a sign, staff will typically address it at the
time it is observed. Additionally, staff frequently responds to citizen inquiry and, on average,
follows up in 24 to 48 hours.
PROPOSED CODE REVISIONS
Staff has determined that signs could be placed in the downtown right of way and still maintain
ample clearance for pedestrian travel and other sidewalk amenities. In addition, the proposed
regulations would manage clutter by controlling the placement of portable signs. A summary of
requirements that are proposed for portable signs are as follows:
a. An annual revocable permit will be required. Permits will be issued only to the owner or
proprietor of the business adjacent to the location where the portable sign will be displayed.
b. The applicant must include a dimensioned drawing that will define where the sign will be
placed within the limits of the proposed ordinance. Applicants must provide the minimum
insurance requirements. Cost of permits will be $10.00 per year.
C. No more than one portable sign will be allowed per store front. Signs will not be allowed
to have more than two displaying sides. An exception to this is that any businesses that
possess an outdoor seating area may split their sign and attach half of their sign to each end
of the patio. Businesses that have permitted patio encroachments must securely place their
signs on or within the limits of the encroachment.
d. Clearance on the sidewalk must provide no less than seven feet of clear passable space for
basic user travel.
e. Signs may be no more than 30 inches wide, 30 inches deep, and 60 inches high from ground
to top. Displaying sides shall not exceed six square feet per side.
f. Signs shall be displayed only during hours when the business is open and placed only in
locations where the displayed message is directed to pedestrian traffic along a sidewalk.
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March 3, 2009
g. Signs must be placed either within 32 inches of the buildingface or placed near the curb, but
no closer than two feet from the curb and they may not obstruct pedestrian traffic.
h. Signs will be required to meet material and visual appearance specifications.
Signs will only be permitted in those areas where on -street parking blocks the sight of the
signs to passing motorists. A geographic boundary will be established that defines the area
in which portable signs may be placed.
j. Maintenance of the sign(s) will be the sole responsibility of the permittee. Neither the City
nor its staff will be responsible for the maintenance of any permitted sign. If a sign appears
to be improperly maintained, the permittee will be required to immediately remove the sign
and make the appropriate repairs.
These proposed parameters include requirements that are consistent with other safety criteria used
to regulate the placement of objects in the public right-of-way, namely news racks and outdoor
eating areas. Safety, appearance and maintenance of portable signs are important elements to
consider and would be reflected in any such proposed ordinance. These efforts attempt to balance
the individual business needs of the downtown area with the needs of pedestrians for a safe
passageway.
CURRENT REGULATIONS
Under City Code Sections 17-42 and 24-1, the placement of advertising signs within the public
rights -of -way is prohibited. Violation of these sections can result in the sign being removed by City
stafffollowing 24 hours of notification. It is currently estimated that there are .50 portable signs in
the downtown during the peak season for pedestrian traffic. If the Council decides to legalize
portable signs, Ordinance No. 025, 2009 will amend the City Code to allow portable signs.
ADDITIONAL RESEARCH
Staff is committed to thoroughly researching any applicable pedestrian corridors identified in City
Plan and the Master Transportation Plan and will report back to City Council between first and
second reading in a read before memo. "
City Manager Atteberry stated the ordinance has been revised and provided to Council for its
consideration. The original ordinance allowed for illumination of portable signs, with certain
criteria. The revision prohibits any illumination of portable signs.
City Attorney Roy read the revisions to the ordinance. Subsection (10) has been added to Section 24-
154 (b) and reads: "in any location where the sign is not sufficiently illuminated by ambient light to
be readily visible to pedestrians." Ambient light is light from other sources and not for the purpose
of illuminating the portable sign. Section 24-155 (d) has been revised to read: "Portable signs shall
not be illuminated except by ambient light that exists for other purposes, nor shall they be made of
any material with a retroreflectivity measurement in excess of two (2) minicandelas, or of any
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March 3, 2009
material that glows or emits. light." Most objects reflect light and the purpose of the revision is to
put limits on the amount of reflection a portable sign can have.
Mark Jackson, Transportation Group Director, stated staff has developed a plan that can be
implemented, enforced and is acceptable to the business community. Portable signs are used in
pedestrian oriented areas and are currently prohibited under City Code. These portable sign
regulations are designed to protect the aesthetics of the downtown area, protect and enhance the
pedestrian environment, yet allow businesses to advertise. The proposed Code change includes
criteria about the construction, placement and maintenance of portable signs on sidewalks. An
annual permit will be required. A review of this process will occur in two years to evaluate the
program, gather feedback from the business community and make any changes needed.
Shannon Wilson, Pendleton Store Manager, 107 South College, thanked staff for its outreach to the
business community and finding a solution to the issue of placement of portable signs that is
acceptable to the business community. Portable signs are an asset to businesses and provide needed
exposure to pedestrians.
Matt Robenalt, Downtown Development Authority Director, thanked Council and staff for
discussing the issue of portable signs with the DDA. The DDA has passed a resolution that supports
the use of sidewalk signs, with reasonable standards. The proposed ordinance contains the standards
requested by the DDA.
David Short, Downtown Business Association, stated the proposed Code changes will enable the
placement of portable signs that will be very beneficial to businesses in the downtown area. The
DBA supports adoption of the ordinance.
Patty Spencer, DDA Boardmember, stated the proposed ordinance contains standards that will
preserve the pedestrian environment in the downtown area and supports downtown retailers during
tough economic times.
Councilmember Roy asked about the permit process. Tracy Dyer, Chief Construction Inspector,
stated inspection and engineering staff will implement the permit process. The intent is to work with
each applicant to ensure there is a clear understanding of the guidelines for the placement of the
portable signs. The cost will be $10 per year for each permit.
Councilmember Poppaw asked about enforcement of the Code for placement of portable signs. Dyer
stated staff will educate businesses about proper construction and placement to keep the need for
enforcement to a minimum. Helen Migchelbrink, City Engineer. stated anyone who believes a sign
is placed incorrectly can report the sign to the City and an inspector will respond to the complaint.
Councilmember Troxell asked why portable signs will be allowed only in the downtown area.
Jackson stated on -street parking is available in the downtown area which acts as a visual buffer for
the portable signs. The signs will be oriented to pedestrian traffic, which is a large factor in the
downtown area. Staff will investigate the possibility of allowing portable signs in other pedestrian
areas of the city when City Plan and the Master Transportation Plan are reviewed.
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March 3, 2009
Councilmember Troxell asked if the annual permit will be issued on a calendar basis and if the
permit must be displayed by the business. Dyer stated the permit will be issued annually, based on
the date it is first approved. A copy of the permit will be kept by the City's Engineering Department
for public inspection. The business is not required to display the permit.
Councilmember Manvel stated the portable signs will be allowed in the downtown area and mid-
town to Laurel Street.
Councilmember Ohlson asked for information on other areas of the city that would be appropriate
to include in the portable sign regulations to allow other businesses to use this form of advertising.
Jackson stated staff will provide information to Council about current policies that define pedestrian
districts by second reading of the ordinance. A complete review will occur when City Plan and the
Master Transportation Plan are updated.
Councilmember Ohlson noted the proposed Code change is only for the downtown area and he asked
if the current Code regulations that prohibit portable signs will enforced throughout the rest of Fort
Collins. Dyer stated staff will fully enforce the Code citywide.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 025, 2009, as revised, on First Reading.
Councilmember Ohlson stated the regulations that have been developed to allow portable signs in
the downtown area will benefit the downtown businesses and protect the aesthetics of the area.
Councilmember Roy thanked staff for its work in developing the regulations that will benefit
businesses and maintain the standards of the downtown area.
Councilmember Manvel stated portable signs will add to the ambiance of the downtown area.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to an Amended and Restated Organic Contract
and Contract for the Supply of Electric Power and Energy, Adopted on First Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 026, 2009, Authorizing an Amended and Restated Organic
Contract for Platte River Power Authority.
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March 3. 2009
B. First Reading of Ordinance No. 027, 2009, Authorizing an Amended and Restated Contract
With Platte River Power Authority For the Supply of Electric Power and Energy.
The Organic Contract between the four member cities of Estes Park, Fort Collins, Longmont and
Loveland was originally signed in 1975 and last amended in 1998. The Organic Contract forms
Platte River Power Authority. A change to the Organic Contract requires the approval of all four
member municipalities. Most of the changes to the Organic Contract are in the nature of updates
intended to reflect current organizational practices, as detailed more fully below.
In addition, staff and Platte River have negotiated changes to update the Contract for the Supply of
Electric Power and Energy and termination of the Transmission Facilities Agreement. Changes to
the Contract for the Supply of Electric Power and Energy incorporate relevant terms from the
Transmission Facilities Agreement. The most significant change to the Contract is a provision
which allows the City to develop generation resources up to 3, 000 kilowatts to supply Cityfacilities;
this is approximately 60% of Cityfacilities demand. The agreement does not limit the size or ability
of customers to install generation resources for their own use, nor for third party developers to
install generation at a customer's site.
BACKGROUND
February 3, 2009 Council Meeting
On February 3, 2009, Council requested that staff and Platte River Power Authority revise the
suggested changes to the "whereas " clauses and the purpose statement contained in the Organic
Contract. The statements have been revised to directly state Platte River's commitment to
environmental stewardship. The requested changes to the Organic Contract are below:
WHEREAS, the Municipalities are committed to the delivery ofelectricity that
is generated in a manner that reflects good stewardship of the environment; and
WHEREAS, it is the intent of the Municipalities that the Authority
demonstrate its commitment to environmental stewardship through practices
incorporated into its fundamental operations; and
WHEREAS, the Authority's Board of Directors adopted Resolution number
25-08 in 2008 directing the Authority's General Manager to develop aplan outlining
how the Authorityproposes to achieve the goals of the Colorado Climate Action Plan
and to work toward achieving them; and
WHEREAS, in December 2002, the Authority's Board of Directors
implemented an updated Environmental Policy and Principles document which
requires the Authority to consider environmental factors as an integral part of
planning, design, construction and operations decisions; and
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March 3, 2009
WHEREAS, the Municipalities acting in concert through the Authority wish
to continue their commitment to provide electric power and energy with cost-effective
energy resource options in a manner that reflects good stewardship of the
environment; and
WHEREAS, the Municipalities acting in concert through the Authority wish
to continue their commitment to provide electric power and energy with
environmentally responsible resource options that enhance the sustainability of the
Northern Colorado region; and
The additional language added to Section 2.1(1), 2.2(i) and 2.2(vi) is underlined below.
2.1 PURPOSES
The purposes of the Authority are to conduct its business and affairs for the benefit of the
Municipalities and their inhabitants
(i) to provide the electric power and energy requirements of the Municipalities and the
retail customers within the Municipalities in a reliable and cost effective manner that
reflects high standards of environmental stewardship and sustainability
2.2 FUNCTIONS, SERVICES, OR FACILITIES
(i) acquiring, constructing, owning, reconstructing, improving, rehabilitating,
repairing, operating and maintaining electric generating plants, transmission
systems and related facilities, or interests therein, for the purpose of producing,
transmitting and delivering to the Municipalities, electric power and energy to the
extent of their requirements, including renewable energy requirements and demand
side resources:
(vi) developing products and services to improve the efficiency of generation,
transmission and use of electrical energy and to minimize the associated
environmental impacts:
In response to direction given at the February 3, 2009 Council meeting, language was added to the
Power Supply Agreement as detailed below:
Article 3: Covenants of Platte River
(c) Platte River shall consider the environmental impacts of the planning, design,
construction, and operating decisions associated with the performance of its
obligations under this Agreement.
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March 3, 2009
October 28, 2008 work session
During the October'28, 2008 work session, Council discussed both the Amended Energy and Power
Supply Contract between the City of Fort Collins and Platte River Power Authority, and the
Amended and Restated Organic Contract between the Cities of Fort Collins, Longmont, Loveland
and Estes Park.
Discussion in reference to the Energy Supply Contract centered on new language that allows the
City to develop and own generation to serve the electric energy demands of its own facilities. The
previous Energy Supply Contract limited the City's ability to self generate to zero. The revised
contract proposes a limit of one percent of the peak load within Fort Collins, which amounts to
approximately 3,000 kW of generation (about 60% of the load for all city facilities). Council
expressed concern over the 1 % cap and asked why it couldn't be 2%, 3% or even greater. Joe
Wilson, Platte River General Counsel, provided a detailed explanation. Previous bonds sold by
Platte River were sold with a commitment to the buyers that Platte River would be the sole provider
to the four cities. Platte River has been aware ofthe cities' desire to support, provide, and develop
renewable resources. Discussions with Platte River's Bond Counsel resulted in an agreement that
the 1 %cap could be considered de minimis. At the request ofthe Utilities Executive Director, Platte
River requested information from its Bond Counsel on the potential to increase the limit on
generation for Cityfacilities up to 10%. A copy of the response is attached.
Council also commented on a document Brian Moeck distributed before the meeting detailing Platte
River's commitment to environmental concerns and stewardship. Council complimented Platte
River on its efforts, and asked if language could be added to the "whereas" clauses and the
"purpose " section ofthe Organic Contract reflective of Platte River's commitment to environmental
stewardship.
Revisions to the Organic Contract
In June of 1975, the municipalities of Fort Collins, Longmont, Loveland and Estes Park established
Platte River Power Authority to develop both resources for the production of electric energy and
transmission infrastructure to deliver electric energy to the four member municipalities.
The Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity
dated June 17, 1975, defined the roles of each of the municipalities within the organizational
structure of Platte River, defined membership on the Board ofDirectors, and established the by-laws
within which the Board operates.
In July of 1998 the Organic Contract was amended to allow Platte River to provide additional
functions, services or facilities to any combination of two or more ofthe member municipalities. An
example ofan expanded service is Platte River's provision and management ofthe Banner Customer
Information System used by both Longmont and the City of Fort Collins. The modification also
allowed Platte River to enter into telecommunication activities, which it continues to manage for the
City.
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March 3, 2009
The amendments that staff and Platte River are presenting to Council in the Amended and Restated
Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity (the
"Updated Organic Contract') add to the services that Platte River may provide to Fort Collins by
noting that Platte River will assist Fort Collins in reaching its renewable energy requirements.
Language has been added which specifically details that Platte River will provide services and
products that improve the efficiency ofgeneration, transmission and use of electrical energy. The
proposed changes also bring current the expiration dates ofthe terms ofthe Platte River appointed
directors. Those dates are as follows: December 31, 2011 for Estes Park, December 31, 2008 for
Fort Collins, December 31, 2010 for Longmont and December 31, 2009 for Loveland. Additional
changes allow Board members to participate in Board meetings via teleconferencing. Changes also
provide authority to the Board to appoint an interim Platte River General Manager if and when a
vacancy exists in that office. The previous provision automatically designated the Board
Chairperson. The Updated Organic Contract also extends the term ofthe Contract from an end date
of 2040 to 2050.
Revisions to the Amended Contract for the Supply of Electric Power and Energy
Fort Collins and Platte River are proposing an Amended Contract for the Supply of Electric Power
and Energy (the "Updated Energy Supply Contract'). The Transmission Facilities Agreement
between Platte River and Fort Collins dated February 22, 1980 will be terminated with the
execution ofthe Updated Energy Supply Contract. Some of its terms are incorporated into the new
Contract while others are addressed in Appendix B to the Updated Energy, Supply Contract.
The Updated Energy Supply Contract obligates Platte River to sell and deliver and Fort Collins to
purchase and receive all electrical energy which Fort Collins requires. In effect, it is an all -
requirements contract with an exception as described below. The Contract defines the roles and
responsibilities of each of the entities with respect to providing electric energy, the disposition of
excess energy, the responsibility to maintain adequate rates, and required compliance with Western
Area Power Administration requirements for the purchase of federally generated power.
The above -noted exception to the all -requirements obligation addresses the amount ofgeneration
the City can develop to provide service to City -owned facilities. The contract as it currently stands
limits the amount ofgeneration the cities could developfor their own use. The member cities were
able to keep any generation resources they owned prior to the establishment of Platte River, which
allowed Longmont and Loveland to continue to own and operate their small hydro -electric plants.
Fort Collins had no such resources. The amended contract designates municipal generation up to
1 % ofpeak as de-minimus. The amendment will have a very positive effect on the City. Fort Collins
will be able to develop approximately 3000 kilowatts of renewable generation. The total load
associated with cityfacilities is about 5000 kilowatts, so more than half of this could be met with
municipal generation (renewable or other resources). Three thousand kilowatts is enough
generation to power approximately 1, 000 to 1, 200 homes. Depending on the resource developed,
three thousand kilowatts ofgeneration could reduce carbon dioxide emissions by between 7, 000 to
19,000 tons per year. The amended contract does not limit the amount or size of generation
customers can install at their homes or businesses. The option for customers to develop their own
generation has always existed and is not impacted by this amended contract.
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March 3, 2009
Fort Collins and Platte River jointly occupy all of the substations serving the City. The proposed
changes clarify that each party has license to occupy any substation where the parties jointly use
facilities. The language ofthe Updated Energy Supply Contract clarifies the planning requirements
and the timelines needed to insure that adequate time is given for the siting, design and construction
of new transmission and substation facilities. For example, it reduces from four years to two years
the prior notification the City must give Platte River of the need for a new substation if no new
transmission is required. If new transmission is required the City must give Platte River four years
notification.
The Energy Supply Contract term is also extended from 2040 to 2050. This is of critical importance
because the power supply agreements between Platte River and the cities are securityfor Platte
River bonds and these agreements must have terms beyond the terms of the bonded indebtedness.
Appendix B to the Updated Energy Supply Contract specifies the responsibilities of each entity as
either the owner or joint user of a facility. The responsibilities for site work, foundation
construction, and operation and maintenance tasks are defined in Appendix B.
Platte River purchases energy from the Western Area Power Administration (WAPA) on behalf of
the Cities. The WAPA General Power Contract Provisions have been added as an exhibit to the
Energy Supply Contract.
The amendments to both agreements give additional flexibility to both Platte River and the City in
addressing Governor Ritter's goal to reduce the City's carbon emissions by 20% below 2005 levels
by 2020 and 80% below 2005 levels by 2050. Both the Cityand Platte River have committed
themselves through formal resolutions to reaching these goals. The development or acquisition of
additional renewable resources along with the implementation of energy efficiency programs and
services by Platte River, and the City's ability to develop renewable resources for its own use,
provide both Platte River and the City new avenues towards this goal. Additionally, the amendments
provide clarity to the roles and responsibilities of each entity.
Brian Janonis, Utilities Executive Director, stated language has revised in the Organic Contract to
reflect concerns expressed by Council at its February 3, 2009 meeting.
Brian Moeck, General Manager of Platte River Power Authority, stated the Organic Contract has
been revised to include more about Platte River's environmental performance and responsibility.
Platte River has a mission of providing reliable energy at a competitive price and meeting its
environmental responsibility. The demand for electricity has increased dramatically over the past
10 years. Platte River has installed natural gas peaking resources to meet the increasing demand and
the integrated resource plans have reflected the addition of natural gas peaking resources as well as
the investing in efficiency or demand -side management. About 75% of the City's energy generation
comes from fossil fuels. The State Health Department issues an operating permit for Platte River
and sets very high standards of operation. Rawhide Plant is the lowest sulfur dioxide emitting plant
in Colorado because of investments at the Plant. The Plant operates well within the standards set
by the State Health Department. Platte River has invested in turbine efficiency, lighting efficiencies
and modifications to burners and control systems at Rawhide and in environmental controls at the
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March 3, 2009
Craig Plant. Investments have been made at the Medicine Bow Wind Renewable Energy Project and
in efficiencies programs that work directly with customers in all four cities.
Eric Sutherland, 631 LaPorte, stated Platte River has achieved AA bond ratings which reflects good
management. Fort Collins is the only member city of Platte River that has a renewable energy
portfolio standard and must, by state law, meet a certain level of renewables in its mix. The member
cities pay the same wholesale rates except for renewable energy costs. He asked why all four
member cities are not obligated to share in the cost of meeting Fort Collins' renewable portfolio
standard as mandated by the State. If Fort Collins does manage, by prudent use of resources, to
purchase renewable energy that power this community, it would insulate all four member cities from
impending carbon regulations and provide economic benefit to the member cities. The cost should
be shared by the member cities.
Sue Radford, 2732 Wakonda, shared her concerns with the use of coal for energy production. It is
important to move away from use of coal to meet the impending carbon emission regulations.
Councilmember Manvel asked for an explanation of the difference in the amount of emissions
permitted at the Rawhide Plant as compared to other plants in the state. Moeck stated each plant has
different permit limits based on age of the plant and the technology installed and are allowed to
operate at different levels from the Rawhide Plant. The improvements made to the Rawhide Plant
in 2065 that reduced its emissions allowed the Plant to enter into a voluntary agreement with the
State Health Department that lowered the Plant's emission limits.
Councilmember Manvel asked for an explanation of the 4% purchases listed in the existing resources
of Platte River. Moeck stated Platte River sometimes needs to purchase additional energy from
other utilities because resources are off-line.
Councilmember Manvel asked why the cost of renewable energy is not shared by the four member
cities. Moeck stated the requirement for Fort Collins to have a renewable energy portfolio has been
in place for about a year. For years, all the member cities have had voluntary programs where
renewable energy has been marketed to the customers. A pool has been created that has a separate
rate but each city pays the same rate per kilowatt hour for the renewable energy. Each city requests
a different amount based on the amount of renewable energy the citizens request.
Councilmember Roy asked about the funding provided for energy efficiency programs and what
could be done to increase that funding. Moeck stated Platte River staff provides technical support
to member city staff for larger, industrial commercial customers to identify projects that will improve
the efficiency and reduce the demand for electricity and energy consumption. Platte River will
provide a financial incentive to those customers for such projects. Since 2001, $4.8 million has been
invested in energy efficiencies. About 70% of those funds have been spent in Fort Collins.
Councilmember Roy stated the other members should share in the cost if Fort Collins, or any of the
other member cities, pursues an aggressive renewable energy program and the Platte River policy
should be changed to reflect the shared benefits received from those programs.
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March 3, 2009
Councilmember Manvel asked if Fort Collins could change the Platte River policy so that energy will
be charged at the same rate, regardless of method of generation. Moeck stated Fort Collins has a
voice on the Platte River Board and the Board could vote to make such a change.
Councilmember Poppaw asked if the other member cities will be required to have a renewable
energy portfolio in the future. Moeck stated the State places that requirement on a municipality
when it has 40,000 customers. Longmont will likely reach that level in the next 3-5 years.
Councilmember Manvel asked if the other member cities receive the same percentage of hydro and
wind power as Fort Collins. Moeck stated each member city receives approximately the same
amount of hydro -produced power.
Councilmember Poppaw asked if the other member cities have costs that are not borne by the entire
Platte River organization. Moeck stated Fort Collins and Longmont pay for the costs of a customer
information and billing system maintained by Platte River while the other two members do not bear
that expense. The goal is to provide the same service to each member city, but if one city requests
different uses than the other three, then that city must pay the costs.
Mayor Hutchinson clarified that the renewable energy rate is the same for each city but each city
buys a different amount. Moeck stated Fort Collins has requested and paid for more energy from
renewable sources than the other three cities combined. Each member city pays the same rate per
kilowatt hour charged for that energy.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 026, 2009 on First Reading.
Councilmember Ohlson stated the changes made to the Organic Contract are positive and reflect
what Platte River is doing and will continue to do.
Councilmember Poppaw stated the Contract reflects the environmental responsibility of Platte River
and the values of this community.
Councilmember Manvel thanked Mr. Moeck for his efforts in amending the Contract.
Councilmember Troxell stated Platte River is a partner in FortZed and provides reliable energy,
competitive pricing and environmental quality.
Mayor Hutchinson noted public awareness and Council input have helped to create a Contract that
will benefit each member community.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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March 3, 2009
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 027, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Items relating to the Adoption of the South College Corridor Plan,
Adopted on First ReadinE
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
No direct financial impacts exist as a result of adopting the South College Corridor Plan (SCCP).
However, the SCCP identifies short and long-term strategies the City may be involved in over time.
EXECUTIVE SUMMARY
A. Resolution 2009-024 Adopting the South College Corridor Plan as an Element of the
Comprehensive Plan of the City.
The proposed South College Corridor Plan was prepared by a City staff and consultant team with
extensive public input over the past year. The primary elements of the SCCP include vision, goals
and policies, implementation, and Framework Plan map.
Several related items are being proposed in conjunction with the proposed SCCP, including
B. Resolution 2009-025 Amending the City Structure Plan Map to Comport with the South
College Corridor Plan.
C. Hearing and First Reading of Ordinance No. 028, 2009, Amending the Land Use Code for
the Purpose of Implementing the South College Corridor Plan.
D. Hearing and First Reading of Ordinance No. 029, 2009, Amending the Zoning Map by
Changing the Zoning Classification for that Certain Property Known as the South College
Corridor Plan Rezonings.
E. Resolution 2009-026 Amending Figure GM-8 of the City Plan Principles and Policies to
Comport with the South College Corridor Plan.
F. Hearing and First Reading of Ordinance No. 030, 2009, Amending the Zoning Map and the
North College Corridor Plan to Comport with the Changes Which Have Been Made to the
City's Comprehensive Plan and Land Use Code as a Result of the Adoption of the South
College Corridor Plan.
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March 3, 2009
BACKGROUND
OVER VIEW OF THE SOUTH COLLEGE CORRIDOR PLAN
(Item A — Resolution 2009-024 Adopting the South College Corridor Plan as an Element of the
Comprehensive Plan of the City)
The South College Corridor Plan was initiated in 2007 at the direction of City Council during the
Southwest Enclave Annexation process. The study area includes only the commercial and primarily
vacant lands along South College Avenue between Harmony and Carpenter roads. Neighborhoods
were not included in the study area because no changes were contemplated for those areas;
however, neighborhood residents were closely involved in the planningprocess and the SCCP goals,
policies and actions reflect the input of many participants including residents.
The South College Corridor Plan provides a specific vision and policy framework for commercial
areas and undeveloped land, transportation system, appearance and design, communitypartnerships
and natural resources of the Corridor. The primary objective is to tailor City Plan (2004) principles
and policies to the specific circumstances of this area. If adopted, the SCCP will become an element
of City Plan.
The SCCP itself is divided into chapters covering the following topics:
• Citizen Summary
• Chapter 1 - Plan Foundations
• Chapter 2 - Existing Conditions and Issues
• Chapter 3 - Vision
• Chapter 4 - Framework Plan, Goals, and Policies
• Chapter .5 — Implementation
• Appendices
The draft SCCP document contains several sections in the Vision, Goals and Policies that were
changed to respond to City board comments in January. These changed sections are on pages 36,
38, 46 and 49 and highlighted with underlining (additions) and strikeout (deletions).
Presented below is a brief summary of the contents of each chapter.
Chapter I —Plan Foundations
The Plan Foundations sets the contextfor the South College Corridor Plan. It describes the purpose
of the SCCP and related planning documents.
One important related plan is the South College Avenue (US 287) Access Control Plan Update
Report (ACP). The ACP, which was approved by the City Council, Colorado Department of
Transportation and Larimer County in 2002, describes specific transportation improvements along
the Corridor. The SCCP provides a brief overview of the ACP in the Plan Foundations chapter.
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March 3, 2009
The SCCP supports the improvements contained within the ACP, and recommends that the City and
CDOT work closely with property and business owners when specific improvements are initiated.
Chapter 2 — Existing Conditions and Issues
The second chapter lays the foundation for the SCCP by describing characteristics and issues of the
study area related to land use, business activity, transportation system, appearance and design,
community partnerships, financing and utilities.
Chapter 3 — Vision
The Vision chapter includes the following vision statement: "South College will evolve over time as
a healthy business district to become a clearly recognizable part of Fort Collins with upgrades to
streetscapes and buildings, new uses that support neighborhoods and the Mason Corridor, stronger
multi -modal connections, and active civic partnerships. " The fundamental direction is for the
Corridor to include some of the basic urban elements which are missing today. The Vision chapter
addresses the issues listed in the previous issues chapter, with accompanying concept sketches and
photos.
Chapter 4 — Framework Plan, Goals, and Policies
The statements in the Framework Plan, Goals, and Policies chapter are intended to organize, guide,
and stimulate efforts to implement the vision and address the identified issues.
The Framework Plan map illustrates the general, preferred land use and transportation networkfor
development and redevelopment projects in the South College Corridor, consistent with the vision
and goals. Its land use pattern is a guide for zoning regulations; and its transportation network
accommodates related transportation plans (namely the Master Street Plan) as well as
recommending a new off-street trail network.
The Framework Plan map includes several changes to the current land use designations provided
in the City Structure Plan.
A notable highlight of the Framework Plan is its identification of a distinct gateway concept for
currently undeveloped land around the South College Avenue/Carpenter Road intersection. The
gateway designation (called the South College Gateway Area) provides for a striking impression of
the southern entry into Fort Collins, with concepts for a special streetscape and architectural
design.
The Framework Plan chapter also includes goals that are categorized to correspond to the facets
of the Vision and include supplemental clarification of the Framework Plan. The goals are as
follows:
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March 3, 2009
Land Uses & Business Activity
Retain the eclectic business mix while supporting new uses that strengthen the South
College market.
Encourage neighborhoodserving retail and commercial uses in locations convenient
to adjacent neighborhoods.
Capitalize on Mason Corridor and Transit -Oriented Development (TOD)
opportunities.
A Complete Transportation System
• Improve traffic safety along the highway for all users.
• Create a complete street network of local and collector roads.
• Make walking and bikingpractical and enjoyable methods to access and traverse the
Corridor.
• Strengthen the existing transit network and support the expansion of regional and
local transit links.
Community Appearance & Design
South College's image will evolve from a highway defined by heavy vehicle traffic
to a healthy business district defined by retail activity.
Create new public spaces.
Create a sense of arrival into the community.
Community Partnerships & Financing
Increase collaboration and mutual understanding between Corridor business
owners, property owners, and residents.
Leverage and stimulate investment with infrastructure projects.
Natural Resources & Drainageivays
Natural resources within and adjacent to the South College Corridor will be
protected and enhanced to the maximum extent feasible.
Solve drainage system needs to allow street and development projects while
maintaining natural drainageways.
Chapter S — Implementation
The final chapter, Implementation, is intended to provide detail on how the Framework Plan and
vision, goals and policies would be accomplished. Eight strategies that would do the most to further
the SCCP are described in detail, as follows:
• Strategy 1: Foster Community Partnerships
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March 3, 2009
• Strategy 2:
Provide Opportunities for Business Expansion
• Strategy 3:
Coordinate the Implementation of Transportation Improvements
• Strategy 4:
Develop Public Funding Strategy for Capital Improvements
• Strategy 5:
Create Gateway at South College and Carpenter
• Strategy 6:
Improve Neighborhood Shopping Opportunities
• Strategy 7:
Develop the Recommended Trails
• Strategy 8:
MAX Bus Rapid Transit and Transit Oriented Development on the Mason
Corridor
Other actions, along with responsible partners and the timeframe for implementation, are listed in
an implementation table.
Public Process
The public process for the South College Corridor Plan was extensive. The SCCP goals, policies,
strategies and maps area reflection ofthat extensive input. Public participation activities included:
• six public meetings, with mail and email announcements to properties and businesses within
the Corridor and to residences in neighborhoods adjacent to the Corridor
• business forum, April 2008
• meetings with individual stakeholders throughout the planning process
• 2,200 piece survey to households and businesses
• website
• three project newsletters sent to businesses, property owners and residents
• monthly Planning and Zoning Board updates
• Transportation, Land Conservation Stewardship, and Parks and Recreation Board meetings
in January 2009
• Planning and Zoning Board Hearing on January 15, 2009
City boards supported adoption of the South College Corridor Plan. The Planning and Zoning
Board, Land Conservation Stewardship Board, and Transportation Board voted unanimously to
recommend approval of the SCCP. The Parks and Recreation Board opted not to vote on the SCCP.
See Attachment I for minutes of these Board meetings.
PROPOSED CHANGES TO CITYSTRUCTURE PLAN
(Item B —Resolution 2009-025 Amending the City Structure Plan Map to Comport with the South
College Corridor Plan)
The vision for the Corridor provides for a broad mix of commercial uses, new neighborhood
shopping opportunities, and housing. The Framework Plan supports the vision by identifying
several areas for change. The Planning and Zoning Board voted unanimously in favor of the
changes.
March 3, 2009
Attachment 2 shows the existing City Structure Plan. Attachment 3 shows the proposed City
Structure Plan, with letters "A " through "E" corresponding to the recommended changes described
below.
Area A: Change Commercial Corridor District to a combination of Medium Density
Mixed -Use Neighborhood and Open Lands, Parks, Stream Corridors
This undeveloped 29-acre area has significant development constraints, including sloping
topography and several important natural features including a unique rock outcropping, and
riparian habitats near Fossil Creek.
A Commercial Corridor District, which is the current City Structure Plan designation, are
described in City Plan as a place that "include[s] a wide range of community and regional retail
uses, as well as offices, business, and personal services, and to a lesser extent, residential
uses... typically the location of highway businesses and auto -related uses... convenient
access... accessible by all modes of travel." The proposed Medium Density Mixed -Use
Neighborhood designation is described as a `place for denser attached, small -lot, and multiple -
family housing built around a Neighborhood Commercial Center, Community Commercial District,
Employment District, or an Industrial District. Secondarily, these neighborhoods may also contain
other moderate intensity uses which can help to form a transition and a link between surrounding
Low Density Mixed -Use Neighborhoods and the commercial area. "
The South College Corridor Plan envisions new residential development occurring on vacant or
underutilized lands to increase market support for neighborhood -serving retail uses; and Area A
offers a good opportunity to achieve this, to accommodate the vested multi family project, and to
provide other secondary uses to form a transition between the Skyview subdivision and commercial
uses along South College Avenue.
Area B: Change Low Density Mixed -Use Neighborhood to Commercial Corridor District
Area B is a vacant, 19-acre property adjacent to the South 13 subdivision and the Huntington Hills
and Fossil Creek Meadows neighborhoods. The South 13 subdivision is made up of an eclectic mix
of service commercial and industrial enterprises, such as warehouses, auto body shops, small
appliance repair, sign shops, and offices.
The Plan envisions business diversity with existing service commercial and retail uses encouraged
to remain, expand and reinvest in buildings and property. There are a limited number of areas
within Fort Collins where these kinds of commercial and small industrial uses can locate, and Area
B would provide one such location in keeping with the context and SCCP vision.
Area C: Change Urban Estate Neighborhood to Commercial Corridor District
This vacant, 6.4 acre area is adjacent to commercial land uses to the west and north, the Prairie
Dog Meadows Natural area to the south, and a private school to the east. Many of the businesses
along the Kel-Mar Strip have outdoor storage and vehicle loading/unloading abutting and/or
March 3, 2009
directly visible from the site. Access to the site would need to come from anew collector (Aran
Street) behind the Kel-Mar Strip in the location of an existing alley.
The existing Urban Estate designation, which is almost exclusively residential, may not be the best
fitfor these properties due to the setting and visual character ofthe area. The change would provide
additional f exibility to add new non-residential land uses, offering another location to achieve the
vision of supporting new uses that strengthen the South College market.
Area D: Change Low Density Mined -Use Neighborhood to Commercial Corridor District
This 9.6 acre site at the southwest corner of Trilby and College contains four properties currently
consisting of a veterinary clinic, various construction -related companies and offices, a landscape
supply yard, and a single-family house. The vision is to acknowledge and encourage expansion or
reinvestment related to existing development. These properties offer an opportunity to provide an
appropriate transition between the highway and residential neighborhoods to the west and south.
Area E. Change Urban Estate Neighborhood to Commercial Corridor District
This mostly vacant, 7.3 acre area is situated within the South College Gateway Area. It is currently
outside city limits. The vision for the gateway is a distinctive entry into Fort Collins defined by the
relationship of buildings to the street and the attention to detail in the right-of-way. Together with
development of the Neighborhood Commercial District (N-C) along the west side of College, these
properties would provide an opportunity to create a unique, high quality entry.
The concept of the gateway is reinforced by City Plan Policy CAD-2.3 Entryways, which states,
"Community entryways will be enhanced and accentuated at key entry points to the City including
interstate interchange areas, and other major arterial streets leading into the City. "
The site is not well suited to single-family residential, as it at the intersection of two major arterials.
The designation would be appropriate as a transition between residential properties in the Victoria
Estates subdivision, the highway, and existing and future commercial to the south and west.
Minor changes to the City Structure Plan map
Four areas are proposed for minor changes to the City Structure Plan map. They are considered
minor because theyfix minor inconsistencies with actual conditions in specific locations. The four
are briefly described below:
Replace Open Lands, Parks, Stream Corridors with Commercial Corridor District south of
Harmony Road between the UPRR and South College Avenue: No stream corridor exists;
the property is occupied by the Arbor Plaza shopping center.
Replace Open Lands, Parks, Stream Corridors with Commercial Corridor District on the
Discount Tire property at College Avenue/Fossil Creek Parkway: This is a commercial
property.
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March 3, 2009
• Replace Low Density Mixed -Use Neighborhood with Commercial Corridor District on the
west side of College north of Skyway: These properties are commercial.
• Replace Urban Estate Neighborhood with Commercial Corridor District on the east side of
College south of Trilby: These properties currently are commercial.
PROPOSED CHANGES TO THE LAND USE CODE
(Item C — Ordinance No. 028, 2009, Amending the Land Use Code for the Purpose of
Implementing the South College Corridor Plan)
Two proposed revisions to the Land Use Code are recommended to implement the South College
Corridor Plan, as follows:
Add a new Division 3.11 - Development Standards for the South College Gateway and
amend related Divisions 4.23 N-C and 4.24 C-L, and 5.1.2 Definitions.
Amend and rename Division 4.22 Commercial North College District (C-N) to Division 4.22
Commercial Service (C-S).
In addition, a Code change that was not recommended for approval by the Planning and Zoning
Board has been withdrawn by staff. That was a very specific proposal to amend the M-M-NDistrict,
Division 4.6 (D) (4) Secondary Uses, to exempt a site specified in the South College Corridor Plan
from thel5% limitation on secondary uses.
These three items are explained further below.
Proposed New Division 3.11 - Development Standards for the South College Gateway
City Plan goals call for edges that are clearly defined to help distinguish between what is city and
what is not. Given that parcels on the northwest and northeast sides of the College/Carpenter Road ,
intersection are vacant, an opportunity exists to implement an edge that would better define the entry
into Fort Collins. Defining a gateway is integral with the proposed City Structure Plan amendment
to change the northeast corner of the intersection of College and Carpenter Roads from Urban
Estate to Commercial Corridor (Limited Commercial), which would allow for commercial
development that could create the gateway as envisioned.
The gateway development standards consist of setbacks, landscaping, building placement, and
architectural design. The standards would apply to new development on both sides of South College
Avenue extending approximately 1000 feet north of Carpenter Road.
Two related changes include amending divisions 4.23 N-C and 4.24 C-L districts to reference the
new Section 3.11. Development Standards for the South College Gateway and amending Division
5.1.2 Definitions to add a definition of the South College Gateway Area with a map.
Proposed amendment renaming Division 4.22 Commercial - North College District (C-1g to
Division 4.22 Commercial Service (C-S).
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March 3, 2009
The South 13 Subdivision is located south of Fossil Creek Parkway and the Fossil Creek Meadows
subdivision on the east side of South College Avenue. The area contains a variety of commercial
and light industrial uses, including numerous warehouses, storage yards, appliance repair
companies, auto body shops, offices, and an indoor recreation facility. This area was annexed along
with the rest of the South College Corridor frontage in 2006 as part of the Southwest Enclave
Annexation, and was zoned Commercial.
The vision for this area in the South College Corridor Plan is to maintain and expand the
opportunities for these types of uses. The zone district that appears most appropriate for this type
ofland use activity is the Commercial -North College (C-N) zone but the C-Nzone would need some
minor revisions to allow its application to any areas other than North College.
Staff is recommending the new name "Service Commercial ". By amending the C-N District, a new
zone district would not need to be created just for this particular area.
Explanation of withdrawn Land Use Code change to exempt an M-M-Nsite specified in the South
College Corridor Plan from the 15% limitation on secondary uses
Staff proposed a change to Land Use Code Division 4.6 (D) (4) which limits secondary uses in the
Medium -Density Mixed Use Neighborhood District (M-M-N) to the Planning and Zoning Board.
The M-M-N District identifies residential uses, parks and communityfacilities as primary uses. All
other uses, are considered secondary uses and are limited to15% of the total gross area of a
development plan containing 10 or more acres. The purpose is to emphasize residential uses while
allowing certain mixed uses in the zone district.
A policy in the South College Corridor Plan calls for an exemption to the limitation on secondary
uses for the privately -owned area west of South College Avenue, between Retail Grove Natural Area
and Crestridge Drive (also known as the Vineyard Church/Waterstone site). This recommendation
was based on the site's unusual topographical and natural resource constraints and better
consistency with City Plan goals. Staff proposed that the Code be amended to implement the
exemption.
The Planning and Zoning Board voted 4-3 against the change. The Board did not disagree with
allowing secondary uses to occupy more than 15% of the site, butfelt that the Land Use Code should
not be amended to provide the exemption. The Board recommended that if the exception proved to
be needed in the future, the way to implement the SCCP recommendation would be for the developer
to seek a modification of the Code standard as part of a Project Development Plan. Staff is
comfortable with this direction and is no longer proposing the amendment to Division 4.6.
PROPOSED REZONINGS
(Item D — Ordinance No. 029, 2009, Amending the Zoning Map by Changing the Zoning
Classification for that Certain Property Known as the South College Corridor Plan Rezonings)
Changes to the zoning of seven areas would help to support the SCCP vision
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March 3, 2009
Attachment 4 shows the existing Zoning Map. Attachment 5 shows the proposed Zoning Map, which
contains references to the areas described below:
• Redtail Grove Natural Area - the southernmost property within the Retail Grove Natural
Area from Community Commercial (C-C) to Public Open Lands (P-O-L).
• Area AI - two properties, the Vineyard Church site and Waterstone project site, from
Community Commercial (C-C) to Medium Density Mixed -Use Neighborhood (M-M-N).
• Area A2 — Larimer Center for Mental Health propertyfrom Community Commercial (C-C)
to Commercial (C).
• Area BI - South 13 subdivision from Commercial (C) to Service Commercial (C-S).
• Area B2 - Vacant property directly east of South 13 from Low Density Mixed -Use
Neighborhood (L-M-N) to Service Commercial (C-S).
• Area C - Two vacant properties east of Kel-Mar strip, and south of East Skyway Drive from
Urban Estate (U-E) to Limited Commercial (C-L).
• Area D -four properties at the southwest corner of South College Avenue and Trilby Road
from Low Density Mixed -Use Neighborhood (L-M-N) to Limited Commercial (C-L).
Land Use Code Requirements for Rezoning
The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the
Land Use Code. Section 2.9.4 (H) indicates the following:
(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment
to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land
or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and
Zoning Board or approved by the City Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
(3) Additional Considerations for Quasi -Judicial Zonings or Rezonings. In determining
whether to recommend approval ofany such proposed amendment, the Planning and Zoning
Board and City Council may consider the following additional factors:
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not
limited to water, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural functioning of the environment;
(c) whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern.
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Justification for the proposed rezonings
These rezoning requests are being made in conjunction with the adoption hearing on the South
College Corridor Plan to help implement its vision and goals, along with the related changes to the
City Structure Plan. The justification for the rezonings matches the justification for the City
Structure Plan changes, and is contained within the South College Corridor Plan, specifically the
Framework Plan map which shows the subject areas and their new land use designations.
Consistency with City Plan, the City's Comprehensive Plan
As indicated above, any request to rezone less than 640 acres is considered a quasi-judicial rezoning
and the first "criterion" for approving the request is consistency with the City's Comprehensive
Plan. The main consideration in this regard is the City Structure Plan map, which sets the basic
land use framework showing how Fort Collins should grow and evolve. Since the City Structure
Plan map is proposed for amendment as part of the South College Corridor Plan implementation,
the proposed rezonings are a consistent part of the same package.
Findings of Fact
In evaluating the request for rezoning, staff makes the following findings of fact:
• Retail Grove Natural Area (southern parcel): Community Commercial (C-C) to Public Open
Lands (P-O-L) — 4.7 acres
The City Structure Plan designates this site as Open Lands, Parks and Stream Corridors. The South
College Corridor Plan and its Framework Plan designate this site as Public Open Lands. The
rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an
element of the City's Comprehensive Plan.
Area A 1 : Community Commercial (C-C) to Medium Density Mixed -Use (M-M-M — 28 acres
The South College Corridor Plan and its Framework Plan designate this area as Medium Density
Mixed -Use Neighborhood (M-M-N) with an exception to the 15% limitation on secondary uses. The
rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an
element of the Comprehensive Plan.
Staff met with one of the two property owners about the change. The representative of the Vineyard
Church property expressed some concern about a decrease in value of the property with the change
because fewer uses would be allowed in the M-M-N than the C-C. The other property is currently
for sale, and staff has not received any comments from that owner.
• Area A2 • Community Commercial (C-C) to Commercial (C) —1 acre
The South College Corridor Plan and its Framework Plan designate this area as Commercial (C).
The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as
an element of the Comprehensive Plan.
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Staff contacted a representative from the owner, Larimer Center for Mental Health, about the
change and did not receive any objection about the change.
• Area BI: Commercial (C) to Service Commercial (C-S) — 29.2 acres
The South College Corridor Plan designates this site as Service Commercial (C-S). The rezoning
would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of
the Comprehensive Plan. At Framework Plan open houses, a majority of attendees preferred this
change.
Owners were notified as part of the South College Corridor Plan process about the change in land
use designation. Several owners expressed support for the change. Staff has not received any
negative comments from owners on the change.
• Area B2: Low Density Mixed -Use (L-M-N) to Service Commercial (C-S) — 24.6 acres
The South College Corridor Plan and its Framework Plan designate this site as Service
Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of
the SCCP as an element of the Comprehensive Plan. At Framework Plan open houses, a majority
of attendees preferred this change.
Staff notified the owner as part of the South College Corridor Plan process, but has not received any
comment.
• Area C: Urban Estate (U-E) to Limited Commercial (C-L) — 6.4 acres
The South College Corridor Plan and its Framework Plan designates this site as Limited
Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of
the SCCP as an element of the Comprehensive Plan. At Framework Plan open houses, attendees
were split between the existing and proposed land use designations.
Staff notified the two affected owners about the change, and received one response in favor. The
other owner has not commented.
Area D: Low Density Mixed -Use (L-M-N) to Limited Commercial (C-L) —10.5 acres
The South College Corridor Plan and its Framework Plan designate this site as Limited
Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of
the Plan as an element ofthe Comprehensive Plan. At Framework Plan open houses, attendees were
split between the existing and proposed land use designations.
Staff notified each owner and received strong support for the change.
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PROPOSED CHANGE TO CITY PLAN'S TARGETED REDEVELOPMENT AND INFILL
MAP
(Item E— Resolution 2009-026Amending Figure GM-8 of the City Plan Principles and Policies
to Comport with the South College Corridor Plan)
The Redevelopment and Infill Map (City Plan Figure GM-8) shows three types of redevelopment
areas: Targeted Redevelopment Areas, Areas Identified by Subarea Plans, and Potential
Intensification Areas per Zoning without a Subarea Plan. A portion of the South College Corridor
south of Fossil Creek Parkway is identified on the City Plan map as a potential intensification area
per zoning without a subarea plan. Since the proposed SCCP would continue to allow land use
intensification along the Corridor, the Redevelopment and Infill map needs to be amended so that
the area is shown as a redevelopment/infill area identified by a subarea plan.
PROPOSED CHANGES TO CITY'S ZONING MAP REPLACING REFERENCES TO
COMMERCIAL -NORTH COLLEGE WITH SERVICE COMMERCIAL
(Item F— Ordinance No. 030, 2009, Amending the Zoning Map and the North College Corridor
Plan to Comport with the Changes Which Have Been Made to the City's Comprehensive Plan and
Land Use Code as a Result of the Adoption of the South College Corridor Plan)
To establish consistency with the aforementioned Land Use Code and Zoning Map amendments, the
Zoning Map would be changed to replace any reference to Commercial North College (C-N) with
Service Commercial (C-S). The North College Corridor Plan would also be changed to replace any
reference to C-N with C-S. "
Jeff Scheick, Director of Planning, Development and Transportation, stated the South College
Corridor Plan has been developed as a result of the Southwest Enclave Annexation and represents
18 months of a public involvement process. The Plan includes land use, transportation,
environmental and other elements within the Corridor.
Timothy Wilder, Senior City Planner, stated the South College Corridor Plan, if adopted, will
become a part of City Plan. The South College Corridor Plan fulfills the commitment to respond
to issues raised during the Southwest Enclave Annexation process and nearly all the Plan area is
within City limits. Existing residential neighborhoods were not included in the Plan area because
there are no expected changes within those residential neighborhoods. Residents within the
neighborhoods were notified of the Plan process and many chose to participate. A series of natural
areas exist along the Corridor and serve as breaks between developments. The Plan provides a
specific South College vision and a focus for land use issues. The Plan clarifies and emphasizes
some of the recommendations contained within earlier Plans. The Plan is intended to be used as a
guide for land use decision making and it clarifies infrastructure improvement priorities. The intent
of the Plan is to integrate the South College Corridor into the Fort Collins community, yet retain and
enhance some of its positive attributes such as the natural areas, small, eclectic store fronts, service
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businesses and other elements. Structure Plan changes and rezonings are recommended to
implement the Plan.
Approximately 160 businesses are located along College Avenue and existing commercial areas
make up about 50% of the study area. A survey of the area indicated that 75% of the property
owners are not considering redevelopment or major expansion of their properties. The Plan focuses
on strengthening the market through new development, reinvestment in higher quality buildings and
minimizing low activity uses. The Plan identifies new neighborhood shopping opportunities and a
primary goal is to support the neighborhood commercial district and provide a supermarket. The
Plan also supports the Mason Corridor with the location of new transit oriented development near
the proposed South Transit Center.
The Plan builds on existing Natural Area and Stormwater Plans and there is strong community
support to continue protection of the natural areas. The overall Transportation vision is to transition
to a more multi -modal system and upgrade infrastructure to existing standards.
Kathleen Bracke, Director of Transportation Planning and Special Projects, stated the South College
Corridor Plan builds upon the South College/US 287 Access Control Plan, which provides the
framework for improvements to the highway corridor to enhance safety and accessibility for the area.
The South College Corridor Plan is consistent with both the short term and long term goals of the
Access Control Plan. Any transportation improvements in the future will include ongoing dialog
with existing and future business and property owners in the area. Transit in the Plan area is
addressed in the Plan with proposed safety improvements to existing Transit stops. Bicycle and
pedestrian connectivity and safety in the area will be also be improved with on -street sidewalks and
bike lanes as well as off-street multi -use paths throughout the area to connect neighborhoods,
existing business areas and the City's trail system.
Wilder stated the Plan includes appearance and design upgrades such as basic improvements along
the street in the public environment and, over time, building facade upgrades along with parking
improvements for the private sector to enhance the Corridor's appearance. The Plan includes the
creation of the South College Gateway, a unique entryway into the community. The proposed Land
Use Code changes will incorporate the Gateway concept. The Plan's vision includes community
partnerships and the area needs to become much better organized before any broad financing
mechanisms can be discussed. One recommendation of the Plan is to form a business organization
that could help advocate on behalf of the area, provide a forum for local concerns and enable the City
to work cooperatively with groups of businesses. A public funding strategy will be needed to
address the large costs associated with the infrastructure improvements.
Hans Breuer, 2709 Stonehaven Drive, pastor of Vineyard Church, expressed his church's concerns
about downzoning the church's property from CC to MMN. Vineyard Church does not want the
zoning of its property to be changed, but if the decision is made to change the zoning, the church
supports staff s recommendation to rezone the property to MMN with an exemption from limitation
on secondary uses and does not support the Planning and Zoning Board's recommendation which
removes the exemption.
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Brian Schumm, 7203 Woodrow Drive, expressed his concerns with the proposed rezoning. The Plan
will impact residential properties and the proposed rezonings will negatively impact his property.
Rezoning any property other than City property should not be considered until the property owner
submits a request to rezone.
Bill Veio, real estate developer, stated his objections to the proposed Plan as it does not correctly
identify his property located in the Plan area.
Jim Palmer, Palmer Properties, stated the Plan sets a vision that promotes the stabilized growth of
the South College Corridor and he supported adoption of the Plan.
Councilmember Ohlson asked what issues were difficult to resolve in developing the Plan. Wilder
stated constructing the public process so it was meaningful for business owners and residents and
implementing the Access Control Plan were difficult issues to resolve. Some sites were difficult to
classify for land use designation. City Plan sets the framework for targeted redevelopment areas and
much staff discussion centered around whether this area should be a targeted redevelopment area and
what is the City's role in redevelopment. It took 18 months to develop the Plan and the City used
EDAW as a consultant and EPS for a market study.
Councilmember Ohlson asked how staff developed the Plan and determined which properties to
rezone. Wilder stated the process used a variety of methods to develop the Plan. Public open houses
were held to determine public interest in a variety of options presented for the area. The Plan was
developed using City Plan principles and policies, the context of the area, property owner input,
citizen input, and existing natural features.
Councilmember Ohlson asked for an explanation of the Planning and Zoning Board decision
regarding the rezoning of Vineyard Church. Wilder stated the Board was concerned with the site -
specific application of the exemption from thel5% limitation on secondary uses. The Board felt
there were better mechanisms, such as modifications of standards, for the church to use if it wants
to build a church on that site. The Plan will support the church's request for modification of
standards.
Mayor Hutchinson stated the Plan will allow flexibility of uses, such as would be requested by
Vineyard Church.
Councilmember Manvel asked why the Vineyard Church property needs to be rezoned from CC to
MMN. Wilder stated the property is designated as Commercial Corridor on the Structure Plan but
is zoned Community Commercial. The rezoning is requested so the site's zoning will correspond
with the Structure Plan designation. The purpose of the Community Commercial district is to
provide a high density center for a variety of activities and should have good connections into
adjacent neighborhoods. The church's site will not allow those neighborhood connections. The site
best fits the MMN zoning designation.
Mayor Hutchinson asked if it was appropriate for staff to bring rezoning requests forward or should
any rezoning requests be considered only at the property owner's request. Wilder stated some of the
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proposed rezonings were requested by developers and property owners and staff did look at those
properties and decided, based on citizen comments, City Plan policies and site characteristics
whether rezoning was warranted and how the requested rezoning fit into the overall framework of
land use along the Corridor.
Councilmember Troxell asked how many properties will be downzoned in the development of the
Plan. Wilder stated only the Vineyard Church property has been downzoned.
Councilmember Troxell asked for an explanation of the exemption for the limitation of secondary
uses that the Planning and Zoning Board did not support. Wilder stated the Land Use Code currently
allows primary uses, then secondary uses which are typically retail uses, institutional uses, and
others. The Code limits secondary uses to 15% of the site. Staff did recommend that the limitation
on secondary uses not apply to the Vineyard Church property, but the Planning and Zoning Board
did not agree with that exemption.
Councilmember Troxell asked what additional costs Vineyard Church will incur if it is required to
request a modification of standard. Wilder stated the church would pay for the cost of the
modification and the time for the modification to be processed by the City.
Councilmember Troxell asked MMN is a better zoning designation for the Vineyard Church site than
CC. Wilder stated staff believed CC designation was not a good fit for the site.
Councilmember Troxell asked for a response to Mr. Schumm's statement that rezonings should not
occur until requested by the property owner. Wilder stated Mr. Schumm has objected to the proposal
to redesignate the properties south of Skyway from the current designation of Urban Estate to
Limited Commercial. Staff has considered different options for the sites in question and has had
mixed feedback from public open houses. The properties will have access from Aron Street on the
west, which is a more commercial oriented collector street and the properties to the north are
commercial, as well. Staff believes the designation of Limited Commercial for the properties south
of Skyway is appropriate for those reasons.
Councilmember Manvel asked why the zoning in area B-2 of the Plan will go from LMN to CS as
it seems to be creating a commercial area that will protrude into a residential area. Wilder stated the
area is adjacent to the Huntington Hills neighborhood but backs up to a number of warehouses and
semi -industrial properties. The CS designation in area B-2 will allow commercial uses as well as
residential.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2009-024.
Councilmember Roy stated the Plan has been developed in partnership with large groups of citizens
and includes considerable feedback.
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March 3, 2009
Councilmember Manvel stated the Plan will incorporate the area into the City and provides a
framework for future development. Staff has worked diligently with the citizens of the area to
develop the Plan.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2009-025. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
028, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
029, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
030, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2009-026. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into executive
session, as permitted under Section 2-31(a)(2) of the City Code, to meet with the City Attorney, City
Manager and other affected members of City staff to discuss potential litigation and related legal
issues. Yeas: Hutchinson, Marvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:45 p.m.
ATTEST:
City Cleik
Adjournment
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