HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2013 - FIRST READING OF ORDINANCE NO. 114, 2013, AMENDINGDATE: August 20, 2013
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
First Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base Industry as Contained in Article 5
of the Land Use Code.
EXECUTIVE SUMMARY
This Ordinance amends the definition of Large Base Industry in the Land Use Code to expand the types of firms that
may qualify beyond manufacturing to also include firms that provide products or services for local and regional users
that are not manufactured but are of comparable economic value to manufactured goods, or by establishing corporate
offices.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As presently stated the definition of Large Base Industry contains three parameters by which a firm may qualify:
1. Produces, or will produce, manufactured goods, at least eighty percent of which are, or will be,
produced for export to areas outside of the city;
2. Employs, or will employ no fewer than one hundred persons for at least thirty-five hours of year-
round employment per week;
3. Owns or leases, or will own or lease, real property or equipment within the city limits that is used
in the operation of the firm's business and that has, or will have, as of the date of the
commencement of the firm's operation, a fair market value of no less than one hundred million
dollars ($100,000,000.).
As can be seen, the first qualification calls for the production of manufactured goods. The definition, however, is silent
as to the provision of products and services that are of comparable economic value as manufactured goods but may
be provided by products and services that are not necessarily manufactured. One example is medical services. Since
there are soon to be significant changes in the delivery of medical services due to the federal Affordable Care Act and
the State of Colorado Connect For Health, the medical services industry is poised for growth, not the least of which
is general care hospitals, medical office buildings, urgent care clinics and emergency room facilities, all which could
be included in a campus setting.
Other firms that supply products or services either for export outside the region or by attracting outside economic
activity include firms associated with internet and telecom, education, publishing and the establishment of corporate
offices within the city.
The jobs associated with the medical services industry and other comparable enterprises, are considered high-quality
jobs. The services provided will attract patients and customers from outside the region. Further, there is a likelihood
that such enterprises may development in phases over time, by being classified as a Large Base Industry, such
facilities would then be eligible for long term vesting.
No changes are proposed to the other two qualifying criteria which eligible firms are also required to satisfy:
• Employs, or will employ no fewer than one hundred persons for at least thirty-five hours of year-
round employment per week;
August 20, 2013 -2- ITEM 19
• Owns or leases, or will own or lease, real property or equipment within the city limits that is used
in the operation of the firm's business and that has, or will have, as of the date of the
commencement of the firm's operation, a fair market value of no less than one hundred million
dollars ($100,000,000.).
The proposed solution is to expand the current definition to include firms that provide other products and services that
are not manufactured goods, or the establishment of corporate offices, and that may be developed over more than
one phase.
FINANCIAL / ECONOMIC IMPACTS
In general, the proposed code revision, when combined with the existing vested rights provision, allows greater
flexibility for firms that provide quality jobs to phase in their development over time to a greater extent than would
otherwise be allowed.
ENVIRONMENTAL IMPACTS
There are no environmental impacts associated with this proposed Code revision.
BOARD / COMMISSION RECOMMENDATION
On August 8, 2013, the Planning and Zoning Board reviewed this amendment as part of its Consent Agenda and voted
unanimously to recommend adoption of the Code revision.
ATTACHMENTS
1. Planning and Zoning Board minutes, August 8, 2013
Planning and Zoning Board Hearing Minutes
August 8, 2013
6:00 p.m.
Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich
Chair: Andy Smith Phone: (H) 482-7994
Chair Andy Smith called the meeting to order at 6:03 p.m.
Roll Call: Carpenter, Hatfield, Hart, Kirkpatrick, Smith and Schneider
Excused Absence: Heinz
Staff Present: Kadrich, Eckman, Levingston, Holland, Shepard, Ex, Stanford, Lorson,
Varrella, and Sanchez-Sprague
…
Agenda Review
Director Laurie Kadrich reviewed the items on both the Consent and Discussion agendas and noted this
is the first hearing using the recently modified LUC order of proceedings with a brief introduction of the
item, the applicant’s presentation, etc. The most significant change is the applicant will make their
presentation first.
Citizen participation:
None
Chair Smith asked if anyone (audience, board or staff) would like to pull an item from consent. An
audience member asked that Colorado Water Conservation Board Floodplain Regulation Adoption and
other Minor Policy and Clean-up Item be moved to Discussion.
Consent Agenda:
1. Minutes from the July 18, 2013 Hearing
2. Fort Collins Veterinary Emergency and Rehab Hospital Project Development Plan, # PDP130018
3. Rigden Farm 14th Filing Extension of Vested Rights, # 56-98-AS
9. Land Use Code Amendment related to Definition of Large Base Industry
10. Land Use Code Amendment related to Extension of PDOD
Member Hart made a motion to approve the consent agenda which consists of the Minutes of the
July 18, 2013 Hearing, Fort Collins Veterinary Emergency and Rehab Hospital Project
Development Plan, # PDP130018, Rigden Farm 14th Filing Extension of Vested Rights, # 56-98-AS,
Land Use Code Amendment related to Definition of Large Base Industry, and Land use Code
Amendment related to Extension of Planned Development Overlay District. Member Hatfield
seconded the motion. The motion passed 6:0.
ATTACHMENT 1
ORDINANCE NO. 114, 2013
OF THE COUNICL OF THE CITY OF FORT COLLINS
AMENDING THE DEFINITION OF “LARGE BASE INDUSTRY”
AS CONTAINED IN ARTICLE 5 OF THE LAND USE CODE
WHEREAS, the existing definition of Large Base Industry contains three parameters by
which a firm may qualify as a Large Base Industry, which parameters are that it: (1) produces,
or will produce, manufactured goods, at least eighty percent of which are, or will be, produced
for export to areas outside of the City; and (2) employs, or will employ no fewer than one
hundred persons for at least thirty-five hours of year-round employment per week; and (3) owns
or leases, or will own or lease, real property or equipment within the city limits that is used in the
operation of the firm's business and that has, or will have, as of the date of the commencement of
the firm's operation, a fair market value of no less than one hundred million dollars
($100,000,000.); and
WHEREAS, City staff has recommended, and City Council agrees, that the first
requirement stated in the definition of Large Base Industry should be amended to state that a
particular firm can satisfy that requirement by providing certain kinds of products or services for
local and regional users that are not manufactured but are of comparable economic value to
manufactured goods, or by establishing local corporate offices to support their operations; and
WHEREAS, the Planning and Zoning Board has recommended to the City Council that
the definition of Large Base Industry contained in Section 5.2.1 of the Land Use Code be
amended; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the definition of Large Base Industry contained in Section 5.2.1 of the Land Use Code be
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the definition of “Large base industry” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Large base industry shall mean a firm that:
(1) produces, or will produce, manufactured goods, at least eighty (80) percent of
which are, or will be, produced for export to areas outside of the city; or provides
medical, internet, telecom, education or publishing products and services for local and
regional users; or establishes corporate offices; and
(2) employs, or will employ, no fewer than one hundred (100) persons for at least
thirty-five (35) hours of year-round employment per week; and
(3) owns or leases, or will own or lease, real property or equipment within the city
limits that is used in the operation of the firm's business and that has, or will have, as of
the date of the commencement of the firm's operation, a fair market value of no less than
one hundred million dollars ($100,000,000.).
Introduced, considered favorably on first reading, and ordered published this 20th day of
August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D.
2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 3rd day of September, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk