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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/06/2014 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting May 6, 2014 (Revised May 6, 2014) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May 4-10, 2014 as Drinking Water Week. B. Proclamation Commemorating the Landmark Federal Wilderness Act 50th Anniversary. C. Proclamation Declaring May 17, 2014 as Kids To Parks Day. D. Proclamation Declaring May 2014 as American Red Cross Month: 100 Years of Service to Colorado. E. Proclamation Declaring May 12-18, 2014 as Salvation Army Week. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ● State your name and address for the record ● Applause, outbursts or other demonstrations by the audience is not allowed ● Keep comments brief; if available, provide a written copy of statement to City Clerk  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the April 1 and April 15, 2014 Regular Council Meetings and the April 22, 2014 Adjourned Meeting. The purpose of this item is to approve the minutes from the April 1 and 15, 2014 Regular Council Meetings and the April 22, 2014 Adjourned Meeting. 2. Items Relating to the Kechter Farm Annexation and Zoning. A. Second Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. City of Fort Collins Page 3 B. Second Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on January 7, 2014, annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. 3. Second Reading Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. This Ordinance, unanimously adopted on First Reading on April 1, 2014, vacates a portion of Plum Street right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location is the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. 4. Second Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly" Contained in Section 12-141 of the City Code Pertaining to the Cultivation of Marijuana. This Ordinance, unanimously adopted on First Reading on April 15, 2014, amends the definition of "publicly" in Section 12-141 of the City Code as it relates to the cultivation of marijuana so as to conform the definition to that which appears in Section 17-190 relating to offenses involving marijuana. This will correct a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on Second Reading on March 18, 2014. 5. Second Reading of Ordinance No. 061, 2014, Authorizing the Mayor to Execute a Deed Conveying 12,391 Square Feet of City-Owned Property to Dillon Companies, Inc. This Ordinance, unanimously adopted on First Reading on April 15, 2014, authorizes the conveyance of a portion of a 1-acre tract of property that was originally acquired from BNSF Railway Company for MAX Bus Rapid Transit (“MAX”) project purposes to Dillon Companies, Inc. The property is no longer needed by the Project or the City as a result of an alternative design that has been developed. 6. Second Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. This Ordinance, unanimously adopted on First Reading on April 15, 2014, vacates a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 South College Avenue have requested this vacation. 7. First Reading of Ordinance No. 064, 2014, Authorizing the Transfer of $2,000 000 in Existing Capital Appropriations from the Northwest Trunk Sewer Expansion Wastewater Capital Project to a New Capital Project for the Construction of a Sewer Interceptor on North Shields Street. The purpose of this item is to transfer funds previously appropriated for a northwest trunk sewer extension to be used for the construction of a similar project on North Shields Street. The proposed project will serve a similar purpose of environmental stewardship by removing a significant number of properties from individual septic systems and leach fields. City of Fort Collins Page 4 Larimer County is currently planning on the reconstruction of Shields Street north of the Poudre River in 2015 to coincide with the bridge replacement project. Staff has met with the County Engineering department and will be able to coordinate the two projects to minimize the length of time the area would be impacted by construction, if the two projects were to be done independently. 8. First Reading of Ordinance No. 065, 2014, Amending Chapter 15, Article XIV of the City Code Regarding Outdoor Vendors. The purpose of this item is to amend Chapter 15 of the City Code regarding Outdoor Vendors with two minor amendments to further support the outdoor vending community. In July 2012, City Council adopted new outdoor vendor regulations based on a comprehensive study completed by staff. Since the inception of the new regulations, staff has been monitoring the activity and working with the mobile vending community to address opportunities for improvement to the Code. Staff is recommending two updates to address the opportunities. 9. First Reading of Ordinance No. 066, 2014, Amending Chapter 2, Article II, Division 3 of the City Code Pertaining to Appeals Procedure. The purpose of this item is to further clarify and incorporate process improvements relating to the procedure for the hearing of appeals by City Council. Staff contacted attorneys who expressed concerns about the current process and provided them with copies of the proposed changes. No suggested changes were received. Staff also met with the Board of Realtors legislative committee to review the proposed changes. Comments from the committee were focused more on the ease in which an appeal can be filed rather than the specific changes proposed in this Ordinance. 10. First Reading of Ordinance No. 067, 2014, Making Certain Amendments to Chapter 26 of the City Code Pertaining to Electric Rates, Fees and Charges Associated with the Provision of Net-Metered Service. The purpose of this item is to allow for certain operational efficiencies to be realized by Utilities for the residential net-metering program without negatively impacting the financial benefits of the program for participants. The current accounting process for net-metering customers is manually- intensive. With the deployment of the advanced metering infrastructure for all residential customers, it is now possible to provide these customers with monthly information on their energy production and to implement an automated monthly settlement process rather than the current annually settled process. In order to ensure that no additional financial burden is placed on existing net-metering customers, it is necessary to make the current implicit credit for distribution facilities charges explicit in the City Code through the current rate Ordinance being presented. 11. First Reading of Ordinance No. 068, 2014, Clarifying Ordinance No. 028, 2014, Relating to Wastewater Rates. The purpose of this item is to clarify the City Council’s intent in adopting Ordinance No. 028, 2014, in order to ensure there is no confusion regarding the correct wastewater rates for 2014. Ordinance No. 150, 2013 established new wastewater rates for all customers to be effective January 1, 2014. These rates were implemented as intended for all bills on or after January 1, 2014. Ordinance No. 028 added language to certain sections of the City Code regarding how wastewater rates are charged during construction of multi-family residential developments. Because there is potential for confusion and misrepresentation of the City Council’s intent from the way Ordinance No. 028, 2014, as finally published, represented Section 26-280 of the City Code, this Ordinance is intended to clarify the City Council’s intent and ensure correct codification of the 2014 wastewater rates. 12. Items Related to Common Private Service Lines for Water and Wastewater Service. A. First Reading of Ordinance No. 069, 2014, Amending Article III of Chapter 26 of the City Code to Allow Common Private Service Lines for Water Service in Certain Circumstances. City of Fort Collins Page 5 B. First Reading of Ordinance No. 070, 2014, Amending Article IV of Chapter 26 of the City Code to Allow Common Private Service Lines for Wastewater Service in Certain Circumstances. The purpose of this item is to amend Chapter 26 of the City Code to revise the requirements for how separate water and sewer services are provided to individual properties. The City Code currently requires each individual single family dwelling to connect directly to a City water or sewer main. Current high density development practices can create situations of multiple long service lines underground congesting the provided easements through the entire green space of a property and impacting the ability to plant trees or install other surface features. Ordinance No. 069, 2014, would allow for a “Common Private Water Service Line” that is owned and maintained by a homeowner’s association, or other legal entity, and serve up to 6 individual properties. Ordinance No. 070, 2014, would allow for a “Common Private Wastewater Service Line” that is owned and maintained by a homeowner’s association, or other legal entity, and serve up to 6 individual properties. 13. First Reading of Ordinance No. 071, 2014, Vacating Portions of Ziegler Road as Dedicated in Book R at Page 118 of the Larimer County Records. The purpose of this item is to vacate the portions of Ziegler Road right-of-way that are no longer necessary or desirable to retain for public street purposes. The portions to be vacated are those portions that were dedicated in 1882 and not rededicated with the Fossil Lake PUD First Filing plat and are portions of right-of-way that are not needed for the existing street system. 14. First Reading of Ordinance No. 072, 2014 Vacating Right-of-Way as Dedicated on the Final Plats of Waterfield P.U.D. First Filing and Waterfield P.U.D. Second Filing. The purpose of this item is to vacate portions of right-of-way within Waterfield PUD First and Second Filings that are no longer necessary or desirable to retain for street purposes. These locations are being replatted as Waterfield Third Filing and proposing new rights-of-way to be dedicated, which was approved through an Administrative Hearing on February 11, 2014. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (five minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. Resolution 2014-032 Approving an Amendment to the Redevelopment and Reimbursement Agreement with the Fort Collins Urban Renewal Authority, Walton Foothills Holdings VI, L.L.C. and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. (staff: Darin Atteberry, Mike Beckstead; 10 minute staff presentation; 90 minute discussion) The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units and Section 3.2(c) (now Section 3.2(g)) - Provisions to be Included in District Bond Documents concerning the order in which the Reserve and the Supplemental Reserve would be utilized. Six additional refinements to the Agreement are recapped below to address concerns raised by Council. 16. Items Relating to the West Nile Virus Management Plan. (staff: Dan Weinheimer, Mike Calhoon; 15 minute staff presentation; 1 hour discussion) A. Second Reading of Ordinance No. 063, 2014, Appropriating Prior Year Reserves in the General Fund to Fund Enhancements to the Fort Collins West Nile Virus Management Program for the 2014 Season. B. Discussion of West Nile Virus Management Plan Options. C. First Reading of Ordinance No. 073, 2014, Appropriating Prior Year Reserves In The General Fund To Fund The Fort Collins West Nile Virus Management Program For The 2014 Season. Ordinance No. 063, 2014, unanimously adopted on First Reading on April 15, 2014, appropriates funds to execute the city’s West Nile Virus Management Program. Additional funds, amounting to $75,100, are appropriated to enhance the public outreach program, increase the city’s larval control boundary and allow for a more flexible larval control season. City of Fort Collins Page 7 Staff also seeks Council input as to which options it prefers to consider adding to the West Nile Virus Management Plan. Options include Technical Advisory Committee recommendations for an opt-out program, implementation of zones, updates to the operational guidelines, and the Advisory Panel process. 17. Second Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records. (staff: Tyler Siegmund; 5 minute staff presentation; 20 minute discussion) This Ordinance, adopted on First Reading on April 1, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) vacating Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. Public outreach for the Scott Plaza Project Development Plan and the Scott Avenue right-of-way vacation request were as follows:  August 22, 2013, Scott Plaza Project Development Plan neighborhood meeting  December 23, 2013, Scott Plaza Project Development Plan Planning and Zoning Board public hearing notice  January 29, 2014, Scott Avenue vacation request notice sent to adjacent property owners  April 28, 2014, Scott Avenue vacation request neighborhood meeting. 18. Consideration of an Appeal of the Planning and Zoning Board's Decision to Approve the Bella Vira, Phase 2, Major Amendment and Replat. (staff: Pete Wray; 5 minute staff presentation; 90 minute discussion) On March 21, 2014 an appeal was filed concerning the Planning and Zoning Board Hearing decision regarding a proposed Major Amendment and Replat to the Bella Vira, Phase 2, Final Plan. The project is located at the southwest corner of South Overland Trail and West Elizabeth Street. An amendment to the appeal was filed on March 28, 2014. The Amended Appeal, received on March 28, asserts that the Planning and Zoning Board failed to conduct a fair hearing, and properly interpret and apply relevant provisions of the Land use Code. 19. Resolution 2014-033 Superseding Resolution 2014-049 and Authorizing the Execution of a Revised First Amendment to the Intergovernmental Agreement Establishing the Boxelder Basin Regional Stormwater Authority. (staff: Ken Sampley; 5 minute staff presentation; 15 minute discussion) ITEM POSTPONED TO MAY 20, 2014 The purpose of this item is to approve a revised First Amendment to the Boxelder Basin Regional Stormwater Authority (BBRSA) in place of the First Amendment that was authorized by the adoption of Resolution 2014-049. The Revised First Amendment: • Authorizes the BBRSA to determine and make minor revisions to properties within the Service Area of the BBRSA by designating areas as “non-tributary areas”, and to grant fee credits to other areas within the Service Area; • Authorizes the BBRSA to accept loans from the Colorado Water Conservation Board (CWCB) to fund the design and construction of the remaining regional stormwater projects; and, • Establishes a sunset provision that terminates collection of stormwater fees and charges either twenty years after the effective date of this Amendment, provided there is agreement regarding the operation and maintenance responsibilities for the projects, or upon completion of all regional ADJOURN TO URBAN RENEWAL AUTHORITY MEETING City of Fort Collins Page 8 stormwater projects, payment of all debt incurred by the BBRSA, agreement as to payment of any BBRSA obligations to Members and disbursement of any remaining revenues and agreement among the Members as to any continuing obligation for operation and maintenance of the projects.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, water is our most valuable natural resource; and WHEREAS, Fort Collins tap water is critical to maintaining public health protection, economic vitality, fire protection, and quality of life; and WHEREAS, For more than 35 years, the American Water Works Association (AWWA) and its members have celebrated Drinking Water Week – a unique opportunity for both water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives, and WHEREAS, the City works diligently to be guarantee that the drinking water leaving the treatment facility meets all federal and state standards, this is a measure of a successful community – low mortality rates, economic growth and diversity, productivity and public safety – that are all related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues; NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim May 4-10, 2014, as DRINKING WATER WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, in September 1964, President Lyndon B. Johnson signed the Wilderness Act into law, recognizing places “where the earth and its community of life are untrammeled by man, where man himself is a visitor who do not remain;” and WHEREAS, throughout our history, countless people have passed through America’s most treasured landscapes, leaving their beauty unmarred; and WHEREAS, this month, we celebrate the 50th Anniversary of the Wilderness Act, upholding that proud tradition and resolving that future generations will trek forest paths, navigate winding rivers, and scale rocky peaks as visitors to the majesty of our great outdoors; and WHEREAS, as natural habitats for diverse wildlife, as destinations for family camping trips, and as venues for hiking, hunting, and fishing, America’s wilderness landscapes hold boundless opportunities to discover and explore; and WHEREAS, Wilderness Areas provide immense value to our nation in shared experiences and as an integral part of our economy; and WHEREAS, our region’s iconic wilderness areas draw tourists from across the country and around the world, bolstering local businesses and supporting American jobs; and WHEREAS, on the occasion of the 50th Anniversary of the Wilderness Act, we reflect on the profound influence of the great outdoors on our lives and our national character, and we recommit to preserving them for generations to come. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins do hereby celebrate and commemorate the LANDMARK FEDERAL WILDERNESS ACT 50TH ANNIVERSARY IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, May 17, 2014 is the fourth National Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America’s parks; and WHEREAS, it is important to introduce a new generation to our nation’s parks because of the decline in Park attendance over the last decades; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, Fort Collins has 42 neighborhood parks and 6 community parks that all are open for children to run and play in; and WHEREAS, National Kids to Parks Day will broaden children’s appreciation for nature and the outdoors. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclamation May 17, 2014 as KIDS TO PARKS DAY and I urge our citizens to take the children in their lives to a neighborhood or community park. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, the American Red Cross has been providing humanitarian service in Colorado since President Woodrow Wilson signed the charter establishing the first chapter in Colorado in 1914; and WHEREAS, the Red Cross is a vital part of the fabric of our Colorado communities, with nearly 2,000 volunteers in counties throughout the state who help alleviate suffering in the face of disasters and emergencies by helping their communities prepare for, prevent and respond to emergencies; and WHEREAS, Red Cross volunteers help save lives by teaching lifesaving skills and preparedness to tens of thousands of Coloradans each year and by providing vital safety information before and during emergencies; and WHEREAS, the Red Cross shelters, feeds and provides emotional support during disasters and is there for our communities to help with their recovery; and WHEREAS, the Red Cross also supports military members and their families in Colorado and while their loved ones are deployed; and WHEREAS, the Red Cross of Colorado provides essential services as part of an international humanitarian movement that people down the street, across the country and around the world will need for many years to come. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby declare the month of May 2014 as AMERICAN RED CROSS MONTH: 100 YEARS OF SERVICE TO COLORADO and we honor and recognize all the volunteers and the generosity of the American public in assisting the Red Cross in performing its mission. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 PROCLAMATION WHEREAS, the Salvation Army acts as a responsible steward of charitable dollars to achieve a diverse range of missions and goals; and WHEREAS, the Salvation Army continues to handle many unmet needs of the community during these adverse times; and WHEREAS, the Salvation Army provides for the solace and spiritual needs of the community; and WHEREAS, the accomplishments of the Salvation Army deserve affirmation and celebration. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim May 12-18, 2014 to be SALVATION ARMY WEEK and encourage all our citizens to recognize and support this organization in our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 13 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the April 1 and April 15, 2014 Regular Council Meetings and the April 22, 2014 Adjourned Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 1 and 15, 2014 Regular Council Meetings and the April 22, 2014 Adjourned Meeting. ATTACHMENTS 1. April 1, 2014 (PDF) 2. April 15, 2014 (PDF) 3. April 22, 2014 (DOCX) Packet Pg. 14 April 1, 2014 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, April 1, 2014, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. He discussed a citizen request for Spanish language interpretation services at the meeting and stated an interpreter is available, if needed. Citizen Participation Jonathan Carnahan, Fort Collins resident, opposed the fact the City’s citizen survey was not available in Spanish and discussed census data regarding the number of Spanish speakers in the community. Eric Sutherland, 3520 Golden Currant, opposed the fact that citizen participation is not allowed at Larimer County Commissioners’ meetings and stated Council is not receiving accurate information from staff regarding the Boxelder Stormwater Authority. Kalie McMonagle, Alliance for Suicide Prevention, discussed the history and success of suicide prevention in Larimer County and announced various community events regarding the topic. Fred Kirsch, Community for Sustainable Energy, discussed on-bill financing and stated its goal is to provide access to capital to those who wouldn’t otherwise have that access. Carl Wangsvick, Fort Collins resident, discussed neighborhood parking concerns and supported expanded membership on the Parking Advisory Board to include neighborhood advocates. He opposed the Transit Oriented Development parking requirement exception. Myles Crane, Human Relations Commission, announced a bi-monthly series of public information forums regarding mental health. Benjamin Geller, CSU Vehicle Innovation Team, discussed the EcoCar2 competition aimed toward fostering innovation in vehicle development. Diane Smith, Senior Advisory Board, stated the Senior Center expansion construction is going well, but expressed concern regarding the proposed name change, lapse in accreditation, and lobby furniture. Packet Pg. 15 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 129 Mel Hilgenberg, 172 North College, announced community theater events, commended the Platte River Power Authority listening session, discussed MAX bus service, supported the Fort Collins Housing Authority, and commended Council for allowing citizen comment during its regular meetings. Citizen Participation Follow-up Councilmember Cunniff requested a staff response to Mr. Kirsch’s on-bill financing questions and congratulated the EcoCar2 team. Mayor Pro Tem Horak stated the City is in the process of scheduling a meeting at the Senior Center regarding the upcoming changes. Councilmember Troxell discussed Mr. Wangsvick’s comments regarding parking issues and commended the EcoCar2 team. Councilmember Poppaw thanked Mr. Carnahan for his comments. Mayor Pro Tem Horak stated there were very few individuals who applied for the Parking Advisory Board who were not selected and noted the Board’s original focus was the downtown area; however, the Board is charged with addressing neighborhood issues, as well. Councilmember Cunniff thanked Ms. McMonagle for her comments and success to this point. Councilmember Campana encouraged attendance at the suicide prevention 5K fundraiser on April 19 th . Mayor Weitkunat opposed comments maligning City staff members. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the March 4, 2014 Regular Council Meeting. The purpose of this item is to approve the minutes from the March 4, 2014 Regular Council meeting. 2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to April 15, 2014. Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos. 005 and 006, 2014) be postponed until April 15, 2014. The final plat approval should be considered by the Board of County Commissioners in April. Under the Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. Postponing this item until the April 15 meeting will honor the City’s commitment in the IGA. Packet Pg. 16 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 130 3. Second Reading of Ordinance No. 043, 2014, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force. This Ordinance, unanimously adopted on First Reading on March 18, 2014, appropriates federal grant monies received from the Office of National Drug Control Policy ($95,853) and the Department of Justice ($57,722) to fund a portion of the investigation of illegal narcotics activities in Larimer County by the Northern Colorado Drug Task Force. These grant awards will be used to offset operating expenses for each participating agency. In addition, because of the significant decrease in federal funds available for drug enforcement, the Northern Colorado Drug Task Force is transferring $236,160 from its forfeiture reserve account to its 2014 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 4. Second Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the Amount Needed for Such Purchases. This Ordinance, unanimously adopted on First Reading on March 18, 2014, authorizes the lease-purchase of vehicles and equipment for the cost of $2,941,469. Payments at the 2.4% interest rate will not exceed $313,029.11 in 2014. Money for 2014 lease-purchase payments is included in the 2014 budget. The effect of the debt position on the City’s financial rating will be to raise the total City debt to 2.38%. A competitive process was used to select Pinnacle Public Finance for this lease. A 2014 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the normal spread between lease rate and reinvestment rate. 5. Second Reading of Ordinance No. 046, 2014, Adding a New Section to the City Code Dealing with the Selection of Special Counsel for the City and Establishing a Procedure for Considering Whether to Consent to Potential or Actual Conflicts of Interest on the Part of Special Counsel. This Ordinance, unanimously adopted on First Reading on March 18, 2014, establishes a new process for selecting special legal counsel and for considering whether the City should waive conflicts of interest that such counsel may have in particular situations. 6. First Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sport Club. The purpose of this item is to appropriate unanticipated grant revenue in the recreation fund to be used for general operating support for the Adaptive Recreation Opportunities program Paralympic Sport Club. Packet Pg. 17 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 131 7. First Reading of Ordinance No. 050, 2014, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects to be Approved Through the Waste Innovation Program. The purpose of this item is to shift $18,794 accumulated during 2013 in the Waste Innovation Fund account into the City’s General Fund account for approved projects to develop new organizational processes to enable departments to divert more waste material from landfill disposal. 8. First Reading of Ordinance No. 051, 2014, Appropriating Prior Year Reserves for Lapsed Expenditures Authorized in 2013. City Council authorized expenditures in 2013 for various purposes. Not all of the authorized expenditures were spent or could be encumbered in 2013 because: • there was not sufficient time to complete bidding in 2013 and therefore, there was no known vendor or binding contract as required to expend or encumber some of the monies • the project for which the dollars were originally appropriated by Council could not be completed during 2013 and re-appropriation of those dollars is necessary for completion of the project in 2014 • to carry on programs, services, and facility improvements in 2014 with unspent dollars previously appropriated in 2013. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2013 and reflect no change in Council policies. Monies re-appropriated for each City fund by this Ordinance are as follows: General Fund $ 898,805 Data & Communications Fund $ 300,000 Keep Fort Collins Great Fund $ 440,912 Light & Power Fund $ 230,183 Transportation Fund $ 96,000 9. First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records. The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. 10. First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location is the future site of the Packet Pg. 18 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 132 Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. 11. Resolution 2014-028 Directing the City Manager to Convene an Ad Hoc Advisory Committee to Develop a Climate Action Plan for Achieving a Community-wide Greenhouse Gas Emissions Reduction Goal of 80% with Respect to 2005 Levels by 2030. The purpose of this item is to seek City Council clarification that the upcoming Climate Action Plan update should strive for the goal to reduce community-wide greenhouse gas emissions 80% with respect to 2005 levels by 2030; that it should describe steps the community could take to meet that goal, and further describe steps the community could take to achieve carbon neutrality by 2050; and to authorize the City Manager to appoint an ad hoc advisory committee to oversee development of the plan. In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20% below 2005 by 2020, and 80% by 2050. Economic opportunities and technological advancements have emerged since 2008 that present new opportunities for Fort Collins reduce emissions more rapidly while increasing reinvestment back into the community, reducing environmental impacts, and ultimately saving money for the community. Recent input suggests community interest in more aggressive goals and supporting information about benefits and costs. This action sets the stage for the 2014 climate action planning process by clarifying end point goals for 2030 and 2050, and defining a role for an ad hoc advisory committee, with the goal to bring a draft plan back for City Council consideration by the end of 2014. 12. Routine Deed. The purpose of this item is to accept the dedication of right-of-way on Timberline from Poudre School District. The City of Fort Collins is planning a road project to improve the Horsetooth Road and Timberline Road intersection. The improvements include the addition of turn lanes, as well as bicycle and pedestrian improvements. In anticipation of the City’s upcoming project, and as per a Development Agreement dated November 3, 1992 and recorded at reception number 19920069700, Poudre School District is dedicating the necessary right of way for Timberline Road. ***END CONSENT*** Councilmember Cunniff withdrew Item No. 11, Resolution 2014-028 Directing the City Manager to Convene an Ad Hoc Advisory Committee to Develop a Climate Action Plan for Achieving a Community-wide Greenhouse Gas Emissions Reduction Goal of 80% with Respect to 2005 Levels by 2030 from the Consent Calendar. An unidentified audience member withdrew Item No. 9, First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Cunniff, Horak, Weitkunat, Overbeck, Troxell, Campana and Poppaw. Nays: none. Packet Pg. 19 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 133 THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Troxell noted Item No. 10, First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat, is related to the pulled Item No. 9, First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records. Mayor Weitkunat and Council agreed to withdraw Item No. 9, First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records, in order to allow its discussion at the beginning of the meeting. Staff Reports City Manager Atteberry introduced County Commissioners Lew Gaiter and Steve Johnson to provide an update on the Larimer County Community Report. Commissioner Gaiter discussed the Community Report and the importance of the County in providing services to its municipalities. Commissioner Johnson commended Council and City staff and discussed the County’s budgeting process and services. He specifically cited the County’s Workforce Center, Public Health team, and child abuse and neglect staff. Councilmember Reports Councilmember Overbeck reported on the Arts in Public Places Board meeting and discussed the 2014 Pedestrian Paver Project and youth arts program. Councilmember Cunniff reported on the Fort Collins Housing Authority Board meeting. Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. Packet Pg. 20 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 134 BACKGROUND / DISCUSSION In 1962, a 25-foot wide strip of land south of Plum Street between Shields Street and City Park Avenue was dedicated to the City (Book 1174, Page 543), by the adjacent property owner (1201 Plum Street) at no expense to the City, for street right-of-way purposes. The owner of the properties at 813 Scott Avenue, 1201 West Plum Street and 1205 West Plum Street has requested that the City vacate this 25 foot by 335 foot strip of land that is adjacent to the properties. The applicant has requested this vacation because they wish to redevelop their property that is adjacent to Scott Avenue. Scott Avenue is not paved and only provides access to the existing residential units at 813 Scott Avenue and 1201 Plum Street. The existing residential units on 813 Scott Avenue and 1201 Plum Street will be removed as part of the Scott Plaza development proposal. With the vacation of right-of-way, easements for access, emergency access, drainage and utilities would be retained, preserving rights to utilize the vacated portion for these purposes. The Campus West Planning Study Report (December 2001) identifies that a pedestrian or vehicular connection should be provided at this location that, in the future, should extend to Elizabeth Street. Through the development review process it has been determined that a pedestrian connection will provide the desired connectivity that is outlined in the study and will be accommodated by the Scott Plaza development plan and retention of the area as an access easement. At such time that the property to the south redevelops (1220 West Elizabeth Street) the pedestrian connection that is being provided with the Scott Plaza project will be continued south to Elizabeth Street. A memorandum requesting input about the vacation of Scott Avenue was sent to the utility providers, potentially impacted City departments and adjacent property owners. The neighboring property owner at 1113 West Plum Street has expressed opposition to the Scott Avenue right-of-way vacation request. The original right-of-way dedication documents from 1962 have been reviewed and the City believes that the land will return to the property owner that is requesting the vacation. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Scott Plaza Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommends that the vacation be approved. FINANCIAL / ECONOMIC IMPACTS There are no financial impacts to the vacation of this portion right-of-way. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right of way. Packet Pg. 21 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 135 PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners and feedback was received.” Tyler Sigmund, Civil Engineer, stated staff members are available to answer questions. Carl Wangsvick, Fort Collins resident, opposed the construction of large student housing complexes with insufficient parking, particularly in the Campus West area. He cited safety concerns and parking issues for residents. Fred Kirsch, Fort Collins resident, asked if there is any type of outreach to CSU students discouraging them from bringing cars to campus. Councilmember Troxell requested staff describe the right-of-way vacation and its relation to Item No. 10, First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. Sigmund replied the two items are related as the property owner requesting the vacations has submitted a project development plan for both properties. The vacation on Plum Street will clean up some additional right-of-way that was dedicated along Plum Street that is no longer needed. The request to vacate Scott Avenue is a full vacation of Scott Avenue, which is currently a dirt 25-foot right-of-way. The proposal is to make Scott Avenue an enhanced pedestrian corridor; therefore, it will remain as a public access easement. Councilmember Troxell asked about a Campus West plan and drawings provided to Council. Sigmund replied the plan was completed in 2001, but was never adopted by Council. The signage drawing referenced by Councilmember Troxell is part of the development proposal, not part of the plan. Clark Mapes, Planning Department, discussed the planning study completed in 2001 and stated it was never adopted as property owners in the Campus West area were not supportive of an initiative by the City. Councilmember Troxell asked about the development of a Campus West plan along with the development of The District. Mapes replied The District fits within the referenced 2001 study; however, there is no adopted plan for Campus West. Councilmember Troxell asked if the vacation and proposed development are in the best interest of the community. Mapes replied in the affirmative and stated staff has found this pedestrian corridor to be an acceptable way to get the needed connection between housing on Plum Street and the services on Elizabeth Street. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 052, 2014, on First Reading. Councilmember Cunniff asked if Second Reading of this Ordinance could be delayed in order to allow additional neighborhood outreach regarding the right-of-way vacation. Sigmund replied notices were sent to affected adjacent property owners and feedback was received from the property owner to the east opposing the vacation. Packet Pg. 22 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 136 Councilmember Cunniff asked if Second Reading could be delayed an additional two weeks. Sigmund replied the developer is waiting to proceed with the Project Development Plan; however, Council has the authority to make that change. Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to delay Second Reading of the Ordinance by two weeks. Councilmember Campana noted citizens will have the opportunity to provide input at Second Reading and stated neighborhood meetings do not occur for right-of-way vacations. Councilmember Troxell stated he would not support the amendment but encouraged any requested information be provided prior to Second Reading. Mayor Pro Tem Horak stated citizen concerns were surrounding parking rather than the vacation. The vote on the motion to amend was as follows: Yeas: Overbeck, Poppaw and Cunniff. Nays: Horak, Weitkunat, Troxell and Campana. THE MOTION FAILED. The vote on the original motion was as follows: Yeas: Weitkunat, Troxell, Campana and Horak. Nays: Overbeck, Cunniff and Poppaw. THE MOTION CARRIED. Resolution 2014-028 Directing the City Manager to Nominate for Council Appointment an Ad Hoc Advisory Committee to Develop a Climate Action Plan for Achieving a Community-wide Greenhouse Gas Emissions Reduction Goal of 80% with Respect to 2005 Levels by 2030, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to seek City Council clarification that the upcoming Climate Action Plan update should strive for the goal to reduce community-wide greenhouse gas emissions 80% with respect to 2005 levels by 2030; that it should describe steps the community could take to meet that goal, and further describe steps the community could take to achieve carbon neutrality by 2050; and to authorize the City Manager to appoint an ad hoc advisory committee to oversee development of the plan. In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20% below 2005 by 2020, and 80% by 2050. Economic opportunities and technological advancements have emerged since 2008 that present new opportunities for Fort Collins reduce emissions more rapidly while increasing reinvestment back into the community, reducing environmental impacts, and ultimately saving money for the community. Recent input suggests community interest in more aggressive goals and supporting information about benefits and costs. This action sets the stage for the 2014 climate action planning process by clarifying end point goals for 2030 and Packet Pg. 23 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 137 2050, and defining a role for an ad hoc advisory committee, with the goal to bring a draft plan back for City Council consideration by the end of 2014. BACKGROUND / DISCUSSION Fort Collins has a long and thoughtful history of community planning, including taking steps to reduce our carbon footprint and implementing actions to improve our resiliency against a changing climate. Community support for reducing greenhouse gas goals has been significant since the Climate Action Plan (CAP) was first adopted in 1999 and then updated in 2008. In 2012, the community reduced greenhouse gas emissions while population rose and a key measure of economic growth - sales and use tax revenue - increased. The Climate Action Plan and corresponding Energy Policy continue to support several community values and strategic outcomes including Economic Health, Community Livability, Environmental Health, Safe Community, and Transportation. The Energy Policy sets a solid foundation for successful, nationally recognized energy efficiency programs and increased renewables. The ClimateWise voluntary business assistance program, born out of the original Climate Action Plan, now assists over 300 local businesses in reducing emissions while saving money. Energy Policy programs provided $20M annual benefits in 2012 and ClimateWise partners saved $14 million in 2012 alone, and over $73 million since the program began in 2000. Important community activities such as the Mason MAX corridor, economic clusters (clean energy, water, and local food), and the new Road to Zero Waste Plan serve many community priorities while also reducing greenhouse gas emissions. Air quality benefits also accrue from actions that reduce fossil fuel emissions and resource consumption. Need to Update Climate Action Plan There are several reasons why Fort Collins should update its Climate Action Plan, including the opportunity to capitalize on new technological and economic opportunities that have emerged since 2008, and the increasing urgency to reduce our carbon footprint and become more resilient in the face of climate disruption. Fort Collins has an opportunity to sustain and advance its leadership position by developing and implementing an updated CAP that leverages existing achievements and opportunities. In doing so, Fort Collins could embark on a transformative path of reinvestment in community-based energy systems, put itself at the national forefront of innovation, stimulate local economic health, reduce outflows of money from the community, improve security, and reduce risk. On February 11, 2014, the City Council held a work session to discuss alternative community greenhouse gas goals. There was strong support for the upcoming climate action planning to work towards a steeper rate of greenhouse gas reduction, with a special emphasis on accomplishing reduction now and in the near-term, through upcoming budget cycles. The importance of partnerships was emphasized, especially with Platte River Power Authority and its owner cities, as well as with university and academic institutions, and the private sector. Attachment 3 summarizes that discussion. Overall, two primary themes have emerged from recent public outreach on community greenhouse gas goals. There is interest in more aggressive community GHG goals, and there is Packet Pg. 24 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 138 interest in seeing more details about the anticipated benefits and costs of meeting these goals. The upcoming Climate Action Plan process is intended to address both of these themes by developing a draft plan to meet more aggressive goals and assessing the associated costs and benefits, and gathering public input throughout this process. CAP Update Planning Goals The proposed resolution requests that the Climate Action Plan be updated to describe steps the community could take to accelerate our goal to achieve community-wide greenhouse gas emissions reduction of 80% below 2005 levels by 2030. That end point represents the result of an analysis prepared by the Rocky Mountain Institute to evaluate how fast Fort Collins could achieve an 80% reduction below 2005. Their report (<http://www.rmi.org/PDF_fort_collins_energy_climate_goals>) investigates opportunities in three sectors: buildings, electricity supply, and transportation. The report draws on best practices, technology trends, and plausibly achievable goals for customer adoption. The analysis is based on existing technologies and proven adoption rates, but assumes maximum proven adoption rates in all sectors, sustained over time. The report suggests that Fort Collins can achieve 80% reduction below 2005 by 2030 while: Reducing building energy use 31% through efficiency, Achieving carbon neutral electricity by 2030, Reducing transportation emissions by 48%, Achieving $165 million net present value savings by 2030, and Achieving $1.8 billion net present value savings by 2050. The RMI report provides a good starting point for an update to the Climate Action Plan. Additionally, community stakeholders have expressed interest in seeing Fort Collins aspire to a vision of becoming carbon neutral. (See Attachment 1 describing Council advisory board recommendations.) The 2009 Fort Collins Energy Policy also describes a 2050 vision for becoming carbon neutral: To ensure for the Fort Collins community a highly reliable, competitive, carbon neutral electricity supply, managed in a sustainable, innovative, responsible and efficient manner. To that end, the CAP update will include a list of steps the community could take to achieve carbon neutrality (a 100% reduction in greenhouse gas emissions) by 2050. The list of additional strategies to get from 2030 to 2050 will not undergo a comprehensive quantitative analysis but will identity opportunities that the community should be planning for to achieve carbon neutrality. Community Involvement in CAP Update Community support will be essential to achieve future community greenhouse gas goals. Staff proposes to convene an ad hoc advisory committee of stakeholders, including residents and business entities, to participate in the 2014 Climate Action Plan update to: Packet Pg. 25 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 139 Ensure various perspectives are heard and that the draft CAP reflects the desires of the community, Tap into the expertise and innovation in the community, and Build critical partnerships and support for CAP implementation, including recommendations for on-going public engagement to implement the plan. An Advisory Committee of key stakeholders will be convened to provide input to the update of the Climate Action Plan. Participants will be sought from the sectors listed below. Citizen Sector (Council advisory board representatives) Will seek representatives from among Air Quality Advisory Board, Economic Advisory Commission, Energy Board, Natural Resources Advisory Board, Parking Board, and Transportation Board. Business, Environmental, and Social Sectors Will include representatives to be drawn from groups such as ClimateWise Steering Committee, Chamber of Commerce, Fort Collins Sustainability Group, Board of Realtors, Energy and/or Water Cluster representatives, Home Builders of Northern Colorado, Northern Colorado Renewable Energy Society, Communities for Sustainable Energy, Sierra Club, faith-based communities, Community Foundation, Poudre Valley Health Systems, Vida Sana, etc. Major Stakeholders Will include at least one representative each from Colorado State University, Poudre School District, and Larimer County. Subject Matter/Technical Experts Will include subject matter experts to represent the issues of climate change science, water resources, public health, and utility providers (including a representative from PRPA). Technical experts may be formed into a separate sub-committee. An engagement and implementation committee may also be developed to focus on public engagement strategies to implement the plan, with special emphasis placed on key stakeholders and potential funders, reaching students and faith-based communities, and leveraging the work of non-profits. Additional public outreach to develop and vet the plan will include forums, presentations to Boards and community groups, and a Web site to provide information and obtain comments. CAP Update Technical Assistance Consulting expertise has been retained to support technical work associated with the plan update. Analyses will include: An updated greenhouse gas emissions forecast; Best practice research, including new areas such as net zero cities, food, etc.; Packet Pg. 26 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 140 Development of potential emission reduction strategies and generation of various scenarios for the emissions trajectory through 2030, which may include sector specific and interim targets; Evaluation of first-cost, ongoing costs/savings, return on investment, and other appropriate metrics; and where possible, other leading-edge benefit calculation methodologies; Analysis of who pays and who saves, cost impact scenarios, and financial model scenarios; Integration with climate adaption strategies; and Triple bottom line analysis of strategies to aid in strategy prioritization and mitigation of negative impacts. Next Steps The CAP update will occur during 2014 in close coordination with Platte River Power Authority's resource planning process. Additionally, sector specific strategies and targets within the CAP will align with and be informed by other initiatives being coordinated within Fort Collins, such as the Energy Policy and Road to Zero Waste. Following public outreach and adherence to a relatively aggressive schedule, a draft CAP will be prepared for Council consideration by the end of 2014. The draft CAP will be created in an accessible, visually pleasing format that is graphics-rich and text- light. The proposed schedule is below. April Form Ad Hoc Advisory Committee Apr- June Public forum/input Apr- June Discuss sector specific targets and begin strategy investigation July - Aug Various scenarios (groups of strategies) for meeting goals and targets developed August- Sep. Cost-benefit analyses and financial models developed for scenarios Sept - Oct Public Forum / possible Council work session Oct - Nov Draft plan developed and public/board comments sought Nov - Dec Council review and consideration of draft CAP. FINANCIAL / ECONOMIC IMPACTS $60,000 in funding to support the Climate Action Plan update has been identified through the 2014 Mid-Couse budget cycle. This funding will be used for consultant assistance on best practice research, evaluation of strategies and scenarios needed to meet the goal, cost:benefit analyses of strategies, and creation of the draft plan. Attachment 2 provides a preliminary “Sustainability Assessment” of accelerating community greenhouse gas reduction, including broad potential economic impacts. Packet Pg. 27 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 141 ENVIRONMENTAL IMPACTS The environmental impacts associated with the CAP update process itself (driving, materials use, etc.) will be minimized to the extent reasonable through the use of green meeting practices, capitalizing on electronic information, reducing paper use, etc. Attachment 2 provides a preliminary “Sustainability Assessment’ of accelerating community greenhouse gas reduction, including broad potential environmental impacts. BOARD / COMMISSION RECOMMENDATION City staff visited 5 boards at least twice in late 2013 and early 2014 to introduce the topic and then seek feedback on potential future greenhouse gas goals. Relevant Board memos are presented in Attachment 1 and summarized below. Energy Board (2/7/13) - recommendation to review community GHG goals and supporting plans, with the intent of moving towards more aggressive goals Natural Resources Advisory Board (1/16/14) - recommendation for 40% below 2005 by 2020 and aspire to carbon neutral by 2050 Air Quality Advisory Board (1/31/14) - recommendation for reduction of 80% below 2005 by 2030 and aspiring to carbon neutral by 2050 Energy Board (2/6/14) - recommendation that the City adopt more aggressive GHG goals, and adopt specific, achievable and measurable interim goals through 2030 PUBLIC OUTREACH Public outreach was conducted on possible future greenhouse gas goals, including a public forum on October 2013 that 65 people attended, board and commissions dialogue, and a Web site input opportunity. Two primary themes emerged from recent outreach; an interest in more aggressive community GHG goals, and an interest in the details about the anticipated benefits and costs. The upcoming Climate Action Plan process will address both of these themes by developing a draft plan to meet more aggressive goals and assessing the associated costs and benefits, and gathering public input throughout this process.” Councilmember Cunniff stated he wanted to clean up some language regarding some of the interim language and goals and the approval process for the ad hoc committee. Kevin Cross, Fort Collins Sustainability Group, supported the Resolution and the formation of the ad hoc committee. Hunter Buffington, Fort Collins Sustainability Group, supported the Resolution and encouraged the engagement of a broad group of individuals in this process. Packet Pg. 28 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 142 Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-028, with the following modifications: the City Manager is directed to nominate an ad hoc advisory committee for Council approval, the incorporation of the City’s existing 2020 goals, and deletion of the phrase “after the year 2030.” Councilmember Cunniff discussed his proposed changes. Mayor Pro Tem Horak suggested a friendly amendment to include language regarding specific and measureable steps that project the benefits and cost for the community. Councilmembers Cunniff and Poppaw accepted the friendly amendment to the motion. Mayor Pro Tem Horak supported the proposed changes and commended the Fort Collins Sustainability Group for its assistance in crafting the Resolution. Councilmember Troxell asked if the modification suggests Councilmembers are involved with the interviewing process for committee members. Councilmember Cunniff replied the suggested language would direct the City Manager to provide nominations for Council approval, not involve Councilmembers in the interview process. Bruce Hendee, Chief Sustainability Officer, stated staff would like the Climate Action Plan to be up and running as quickly as possible. Mayor Weitkunat noted the importance of a diverse group of individuals being placed on the committee. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Cunniff, Poppaw, Campana and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 047, 2014, Approving the Sixth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, to Update the Terms of Cost Sharing for Stormwater Improvements in the Boxelder Basin, Adopted on Second Reading The following is the staff presentation for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw), amends the Fort Collins – Timnath Intergovernmental Agreement (IGA) by revising Article 7 to reflect updated stormwater projects and associated cost sharing.” Eric Sutherland, 3520 Golden Currant, questioned how stormwater improvements remedy urban blight, given the use of Timnath Development Authority funds. He opposed Timnath’s use of Development Authority funds. Packet Pg. 29 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 143 Councilmember Cunniff asked if Timnath has provided justification to the Stormwater Authority for its use of Urban Renewal Authority funds. Deputy City Attorney Daggett replied she does not have extensive information regarding the Timnath Development Authority; however, the tie in is that these improvements are public improvements that enhance the ability for development of the areas in the Development Authority. Councilmember Overbeck asked if eminent domain can be executed in this agreement. Deputy City Attorney Daggett replied there is not an intent that eminent domain would be used for the covered improvements. Ken Sampley, Stormwater Floodplain Program Manager replied there is no discussion about the use of eminent domain with regard to this IGA amendment. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 047, 2014, on Second Reading. Yeas: Weitkunat, Campana, Horak and Troxell. Nays: Poppaw, Cunniff and Overbeck. THE MOTION CARRIED. Ordinance No. 048, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Certain Past Actions Related to Such Fee and Amending Sections 7.5-8 and 7.5-87 of the City Code, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-2 (Nays: Cunniff, Overbeck; Campana recused), authorizes a new intergovernmental agreement (IGA) with Larimer County that allows for the collection of a Regional Road Impact Fee at the time of development. The Ordinance adopts a fee schedule and ratifies past collections and certain actions that were inconsistent with the City Code. The Ordinance also amends Section 7.5-85(d) of the City Code pertaining to the remittance and expenditure of the fee.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Eric Sutherland, 3520 Golden Currant, stated the majority of funds for this fee come from Fort Collins and stated public finance is misunderstood by City staff. Councilmember Troxell made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance No. 048, 2014, on Second Reading. Mayor Weitkunat noted the regional road impact fee pays for regionally significant roads within the Fort Collins Growth Management Area, which provide a direct benefit to residents of Fort Collins. Councilmember Cunniff stated he would not support this item, given concerns regarding the process and IGA being allowed to expire. He requested an action plan addressing these issues. Packet Pg. 30 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 144 City Manager Atteberry reiterated his comments regarding the City Clerk’s Office investigating City contracts back to 2000. He noted the upcoming budget includes an offer to extend that investigation to every agreement in the history of the City. Mayor Weitkunat suggested the possibility of the inclusion of a scheduled review in the Ordinance. Councilmember Cunniff replied his process concerns would still not allow him to support the Ordinance. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Poppaw and Horak. Nays: Cunniff and Overbeck. THE MOTION CARRIED. Ordinance No. 054, 2014, Appropriating Prior Year Reserves in the General Fund for Municipal Court Reorganization, Adopted on First Reading The following is the staff presentation for this item. “EXECUTIVE SUMMARY The purpose of this item is to authorize and appropriate funding for a relatively minor reorganization of the Municipal Court department. The Court requests $55,400 from the General Fund Reserves to cover the prorated cost of a net 1.45 increase in classified/unclassified FTE. This cost relates to three changes which are not included in the approved 2014 budget: converting an existing 0.50 FTE Bailiff position from hourly to classified status, increasing an existing 0.30 FTE classified Deputy Court Clerk II position to a 0.50 FTE, and adding a 0.75 FTE classified position of Court Security Officer. The changes are needed due to case load changes and security concerns. The cost of the changes is anticipated to be covered by a recent increase in the amount of the court cost assessed in appropriate cases. The changes were included in the Municipal Court reorganization plan which was recently approved by the City Manager’s Office. BACKGROUND / DISCUSSION The Municipal Court adjudicates traffic, misdemeanor, and civil infraction complaints. In 2013, the Municipal Court processed approximately 33,000 cases to completion: 17,000 general cases and 16,000 camera radar/red light cases. Currently, the Municipal Court organization includes the following personnel who handle the general case load: Position Classified/ Unclass. FTE Hourly FTE Total Municipal Court Judge 0.80 0.80 Court Administrator 1.00 1.00 Deputy Court Clerk II 1.30 1.30 Deputy Court Clerk I 2.50 0.50 3.00 Bailiff 0.50 0.50 Total 5.60 1.00 6.60 Packet Pg. 31 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 145 Additionally, the Court has 1.0 FTE of contractual and hourly Court Clerks who handle the Camera Radar/Red Light cases as well as an hourly Associate Judge and two Referees who are used as needed. The 2013-2014 approved Municipal Court budget includes funding for a security service contract providing an armed security officer to monitor the courtroom, clerks’ office, front lobby, hallways, prosecutors’ offices, and the defendants’ waiting areas. Proposed Changes and Justification: The Municipal Court requests a net 1.45 increase in classified/unclassified FTE. The following three changes are proposed for the Municipal Court organizational structure: 1. Convert an existing 0.50 FTE Bailiff position from hourly to classified status. In addition to acting as Bailiff for all Court proceedings, the Bailiff provides clerical support for the Deputy Court Clerks. This allows the Clerks to focus on providing customer service to citizens appearing in the office or making inquiries by phone or mail. The Municipal Court case load has increased significantly over the past several years, creating the need to increase the hours worked by the Bailiff. The Bailiff now consistently works between forty (40) and fifty (50) hours per pay period. As the population of the City increases, the Court anticipates that the case load will either maintain its current level or increase; therefore the workload for this position will continue or increase, as well. In order to maintain fairness and equity with other positions in the office, it is time to change this position from an hourly status (no benefits) to a classified 0.50 FTE status. 2. Increase an existing 0.30 FTE classified Deputy Court Clerk II position to 0.50 FTE. In December 2012, Municipal Court staffing changed following the retirement of the Municipal Court Supervisor. While no net change in FTE occurred at that time, it resulted in a classified Deputy Court Clerk II position of only 0.30 FTE. Unfortunately, a position of that size can only be filled by an hourly employee. Current workload has created the need to increase that position to 0.50 FTE to help with some of the complex case processing and financial work which must be done daily. Without additional support, the Court Administrator will have less time to devote to staff development, work on statistical reports, and initiating innovative processes. 3. Add a 0.75 FTE classified Court Security Officer position. The Municipal Court has completed two security assessments within the past three years, both of which identified a number of concerns and suggested changes. One of the suggestions was to have a security officer present. Since February 2013, the Court has contracted with Vets Securing America for a POST-certified security officer during arraignment sessions. Due to the reduction in incidents and some additional security concerns during non-arraignment time-frames, we have expanded the use of this service to include hearings, trials, and jury trials. In order to ensure consistency in personnel, training, and services provided, we now recommend the creation of a classified position of Court Security Officer. Fort Collins Police Services has agreed to provide a limited commission and work with the Court on training requirements for this Security Officer. Packet Pg. 32 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 146 Budget: The increased personnel expenses related to this reorganization are not currently funded in the Court’s 2014 budget. The costs involved would be as follows: The incremental cost of changing the status of the Bailiff position from hourly to classified is approximately $13,308 per year. The incremental cost of increasing the Deputy Court Clerk II classified position from 0.30 to 0.50 FTE is approximately $15,484 per year. The proposed salary for the classified 0.75 FTE Court Security Officer is equivalent to that of a Natural Areas Trail Ranger, Park Ranger, and Transit Services Officer. The Court would also need approximately $3,100 additional funds for purchasing uniforms and safety equipment for the Officer. Currently, the Court has a small budget for security services: $11,750 for 2014; with that offset, the incremental cost of the change described in this Ordinance is $45,065. The Court is requesting that its departmental budget for 2014 be increased by a pro-rated total of $55,400 (relating to an effective date of April 2014). Should the funding for the aforementioned changes be approved, the Municipal Court’s organizational structure (for the general caseload) will be as follows: Position Classified/ Unclassified FTE Hourly FTE Total Municipal Court Judge 0.80 0.80 Court Administrator 1.00 1.00 Deputy Court Clerk II 1.50 1.50 Deputy Court Clerk I 2.50 0.50 3.00 Bailiff 0.50 0.50 Court Security Officer 0.75 0.75 Total 7.05 0.50 7.55 Municipal Judge Lane stated Ordinance No. 054, 2014 would appropriate funds for a minor Municipal Court reorganization, including a ¾ time classified Court security officer. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 054, 2014, on First Reading. Councilmember Cunniff thanked Judge Lane for bringing the item forth. The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Horak, Weitkunat, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. Packet Pg. 33 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 147 Items Relating to the Fort Collins Municipal Court, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the Failure to Pay Fine or Penalty. B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses. The purpose of this item is to codify certain changes in the judicial process to improve fairness and efficiency. Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of credit a prisoner receives for jail served on failure to pay cases and, instead, specifies that said amount will be listed in the Schedule of Fines established by the Municipal Judge. This allows the Municipal Judge to periodically adjust that amount as appropriate. Ordinance No. 056, 2014, amends the City Code to indicate that if an incident gives rise to charges which would normally be filed as a civil infraction and a misdemeanor, the charges are to be handled together as a misdemeanor case. This avoids the time and confusion of having two separate tickets filed with the Court, with separate procedures and costs relating to each. BACKGROUND / DISCUSSION A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the Failure to Pay Fine or Penalty. This item amends the City Code to remove the specific dollar amount of credit a prisoner receives for jail served on failure to pay cases. This amount had been listed in the Code as $6.00 per day and had not been adjusted for years. Out of fairness, the Judge has been giving defendants credit for more than that amount; $50 credit for each day of jail served has been given for the last several years. In order to provide flexibility in adjusting this credited amount as appropriate, the proposed ordinance removes the dollar amount and, instead, specifies that said amount will be listed in the Schedule of Fines established by the Municipal Judge. B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses. This item amends the City Code to indicate that if an incident gives rise to two (or more) charges which would normally be filed separately as a civil infraction and a misdemeanor, the charges are to be handled together as a misdemeanor case. This changes the current practice of enforcement officers having to issue two separate tickets in cases such as those involving an Animal at Large charge, as well as a Dangerous Animal charge. In those cases, defendants are currently faced with the potential of paying two sets of costs and having separate hearings if they choose. The current practice has also increased the time spent by the Court to administer and hear these cases. This change will streamline the process for all involved and avoid the confusion which often arises from having two separate tickets relating to the same incident. The proposed change is consistent with how traffic cases are handled under City Code Section 19-45. Packet Pg. 34 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 148 FINANCIAL IMPACTS There is no financial impact from the first item. As to the second item, there is a minimal impact since there are very few cases that will be affected. For those few cases, enforcement officers will only have to issue one ticket instead of two, defendants who plead or are found guilty will pay costs on one case instead of two, and the Court will have one trial on contested cases instead of potentially a referee hearing as well as a trial relating to the same incident.” Municipal Judge Lane discussed the necessity for the proposed Ordinances. Councilmember Poppaw asked if records regarding socio-economic status are kept, in terms of fines paid versus jail time served. Judge Lane replied there are no specific statistics on that topic; however, the Court attempts to avoid sending individuals to jail for municipal infractions and allows petitions for fine waivers and community service in lieu of fines. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 055, 2014, on First Reading. Yeas: Poppaw, Cunniff, Horak, Weitkunat, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 056, 2014, on First Reading. Councilmember Cunniff asked about the penalties for civil infractions. Judge Lane replied civil infractions are only penalized by fines. Councilmember Cunniff asked if the fines are comparable to those for misdemeanors. Judge Lane replied the first offense for a civil infraction is $100, the second offense is $300, and the third offense becomes a misdemeanor. The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Horak, Weitkunat, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. Mayor Weitkunat commended the Judge on her service and presentation. Items Relating to Historic Preservation, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding Landmark Preservation. B. First Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining to the Functions of the Landmark Preservation Commission. Packet Pg. 35 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 149 C. First Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code Pertaining to New Construction as it Affects Historic and Cultural Resources. The purpose of this item is to present to Council the proposed changes to Chapter 2 and Chapter 14 of the City Code and Section 3.4.7 of the Land Use Code resulting from the 2012-2013 Historic Preservation Process and Codes Improvements Study. BACKGROUND / DISCUSSION In 2012 and 2013, per Council’s direction, historic preservation staff undertook a comprehensive evaluation of the City’s Historic Preservation Program to enhance its transparency, predictability, and effectiveness. Phase 1 of this review resulted in two substantive changes to the City Code, adopted in August 2012: An appeal process for determinations of eligibility, and for the determination of the effect of proposed work on this eligibility; and More specificity to Landmark Preservation Commission (LPC) member requirements, ensuring compliance with Certified Local Government (CLG) standards. Council directed that Phase 2 look more comprehensively at the various components that make up the Historic Preservation Program. Based upon direction received at Council’s August 26, 2013 Work Session (Attachment 1), staff is bringing forward revisions to both the City Code and Land Use Code (LUC) for Council’s consideration. Code revisions, (Ordinance No. 057, 2014; Ordinance No. 058, 2014; and Ordinance No. 059, 2014), to improve transparency and predictability include: A complete re-organization of Chapter 14, “Landmark Preservation,” and the addition of explanations and references, enhancing the clarity and understanding of the Code, grouping all eligibility information together and all landmark designation information together. Previously, information was scatted throughout the Chapter;The inclusion of a building’s context as a consideration in determining eligibility. Previously, each property was looked at individually regardless of the surrounding character of the property; Having determinations remain valid for five years, rather than the current one year period; Adding a requirement that a minimum of three residents of the city must sign to submit an application for a non-consensual landmark designation. Currently, one resident can submit; Change LUC Section 3.4.7(F), “New Construction,” to better clarify the area to be considered when evaluating the compatibility of new structures, when a project involves irregular shaped parcels or land that has not been platted in a standard grid pattern; Requiring applicants to provide a Plan of Protection, showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site; Requiring repair, rather than demolition, of properties undergoing review under either “Landmark Preservation” or “Historic and Cultural Resources,” and which are declared dangerous by the Chief Building Officer. If a property is found to be an Packet Pg. 36 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 150 imminent threat by the Chief Building Officer, then an owner will have the option of repair or demolition; Providing penalties for actions that violate the protection mechanisms of the landmark Preservation Code. Code revisions to improve effectiveness and shorten review times include: Adding the ability for the Community Development and Neighborhood Services (CDNS) Director to be able to approve minor alterations on landmark properties administratively, so that permit approval may be granted within days rather than weeks; Adding the ability for the LPC Design Review Subcommittee, established by Council under Ordinance No. 002, 2011, to provide recommendations to the CDNS Director on plans it has reviewed and approved. The Director could then approve the plans administratively, without the necessity of the Subcommittee recommendation going before the full LPC for approval; Adding the ability for the LPC to review development projects affecting individually eligible and designated historic properties, and to provide a recommendation to the Decision Maker. This action would provide important information to the Decision Maker on projects subject to both historic preservation and development Code requirements. The change would also bring the City into compliance with federal CLG requirements, which recognizes the LPC as the City’s qualified historic review board; Changing the LUC review process to add non-binding determinations of eligibility, enabling potential historic resources to be identified without undue cost or delay to development applications. This is the process currently used; however, these determinations are not identified in the Code as non-binding, which has the potential to cause problems. FINANCIAL / ECONOMIC IMPACTS These Code changes provide greater predictability to the Historic Preservation Code processes, and provide for alternative review processes to facilitate project review, saving staff and the public both time and cost. BOARD / COMMISSION RECOMMENDATION At its March 12, 2014 regular meeting, the Landmark Preservation Commission unanimously (9- 0) recommended approval of the Code revisions to City Codes Chapter 2, “Landmark Preservation Commission,” and Chapter 14, “Landmark Preservation” (Attachment 2). At its March 13, 2014 regular meeting, the Planning and Zoning Board unanimously (7-0) recommended approval of the Code revisions to Land Use Code Section 3.4.7, “Historic and Cultural Resources” (Attachment 3). PUBLIC OUTREACH Board and Commission Outreach: Met with the Planning and Zoning Board at three meetings and work sessions; Met with the Landmark Preservation Commission at 12 meetings and work sessions. Packet Pg. 37 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 151 Citizen Outreach: Twelve-member Citizens Committee, with representation from all major stakeholders. This committee convened three times during the fall of 2012 and spring of 2013, and provided additional review through emails; Public Open House held on January 28, 2014, attended by 12 citizens; Attended three meetings of the Government Affairs Committee of the Board of Realtors, to discuss proposed Code revisions; Surveyed best practices of historic preservation programs in 22 peer communities, and compared these with Fort Collins’ program to identify strengths and weaknesses; Conducted an on-line survey of nearly 2,800 property owners and adjacent property owners who went through Demolition/Alteration Review, to assess the relevancy and effectiveness of this process.” (Secretary’s note: Mayor Pro Tem Horak left the meeting at 8:00 p.m.) Karen McWilliams, Historic Preservation Planner, discussed the development process for the proposed Code changes and detailed those changes. Bill Whitley, 618 West Mountain Avenue, supported the revisions. Bill Jenkins, 710 Mathews Street, supported the revisions and discussed the demolition of the historic Button House. Joseph Simpson, Fort Collins resident, supported an increase in transparency with regard to the historic preservation process. Barbara Leibler, 710 Mathews Street, supported the revisions. Gina Janett, 730 West Oak Street, supported the revisions and suggested a deadline for required repairs be included. She also noted there are financial incentives available for such repairs. Clint Skutchan, Fort Collins Board of Realtors, commended staff for work on this item and stated the Board supports the revisions but would like to increase the number of signers necessary for non-consensual petitions for historic designation. Myrne Watrous, 723 West Olive, supported the revisions and the addition of a deadline for required repairs. Councilmember Overbeck asked if Fort Collins’ historic preservation regulations meet or exceed State requirements. McWilliams replied Fort Collins’ codes meet or exceed the State and National regulations in almost all cases. Councilmember Cunniff asked if the deadline for repairs could be included. Laurie Kadrich, Director of Community Development and Neighborhood Services, replied the issue of repair has come up largely due to the Button House demolition and stated options regarding a timeline for repairs could be explored prior to Second Reading. She supported a further public outreach process and an additional ordinance regarding the repair issue. Packet Pg. 38 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 152 Councilmember Cunniff asked if offenses toward historic properties would fall under misdemeanor offense status, absent any other penalty declarations. Kadrich replied in the affirmative. Councilmember Cunniff suggested the inclusion of additional specificity regarding the penalties prior to Second Reading. Deputy City Attorney Eckman replied the penalty is set by the Court and the City could choose whether or not to issue citations for each day of non-compliance. Councilmember Cunniff expressed concern regarding the City’s ability to penalize offenses in line with the extent of damage. City Attorney Roy detailed the extent of the consequences the City can require through the Court. Deputy City Attorney Eckman stated this Ordinance addresses concerns related to structures such as the Button House with the plan of protection requirement. Councilmember Cunniff asked if some type of bond or revocable fee which would accrue to the City in the case that significant damage or destruction of the structure occurred could be included. Deputy City Attorney Eckman replied in the affirmative. Mayor Weitkunat asked about the repair requirement for dangerous structures. Kadrich replied the Chief Building Official has the authority to declare a building or a structure dangerous; within that definition, an imminent threat could be declared, in which case the building must be demolished or immediate action must occur. A building declared dangerous could be secured so as to preserve public safety and could then be repaired and/or demolished. She suggested this issue be included in further public outreach in order to determine its applicability to historic structures. The Landmark Preservation Code has regulations specific to locally designated structures that require repair. Councilmember Campana suggested time of repair language could potentially be included in the plan of protection. He asked how often non-consensual designations occur. Kadrich replied there have been two requests in the last couple years by an individual; in both of those cases, the Landmark Preservation Commission has not passed a recommendation on to Council for landmark consideration. McWilliams replied there was only one non-consensual building designated in Fort Collins, the old post office building. Councilmember Campana suggested more than three individuals be required for non-consensual designations. Councilmember Overbeck supported the recommendation for three individuals being required for non-consensual designations. He agreed language regarding time of repair should be included prior to Second Reading. Councilmember Troxell asked if any of the new recommendations provide for better coordination among City departments in terms of review and process. McWilliams replied several internal process changes have been made in terms of program administration to enhance cooperation between various departments; however, they are not necessarily reflected in the Codes because they are more process-oriented rather than legislative-oriented. Packet Pg. 39 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 153 Councilmember Troxell asked if peer review validation will be required in terms of deeming structures as historic. McWilliams replied a system is in place in which professional historic preservation surveyors from outside Fort Collins are asked to provide input when the validity of eligibility is in question. Mayor Weitkunat clarified the landmark designation process initiation could come from the Landmark Preservation Commission, property owner, or three or more residents of the City. Councilmember Cunniff noted three individuals would not be deciding on landmark designation, rather they would be filing a request for consideration of designation. Councilmember Campana suggested the designation process be reviewed. McWilliams replied the process begins with an application identifying a property the filer feels is significant to the community, the Landmark Preservation Commission reviews the application and determines whether or not the application is valid; if so, staff is directed to collect historical information and begin the public outreach process, and a second meeting with the Commission is held. The Commission will make a finding as to whether or not the property is eligible and will make a finding as to why the property is significant enough that it should be brought forward for consideration, even without the owner’s consent. Additional public outreach occurs following the second hearing, then a third hearing is held and the Commission then adopts a Resolution with its final recommendation. Councilmember Campana asked about the process for a potentially historic structure submitting an application for a remodel. McWilliams replied that property would fall under the demolition/alteration historic review process, which involves an assessment of the building’s eligibility, which can be appealed. If the property is found to be individually eligible, the property owner then goes through the development review process. She noted there is no forced designation in Fort Collins. Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 057, 2014, on First Reading. Mayor Weitkunat requested the inclusion of a larger number of individuals being required for non-consensual designation. Councilmember Cunniff requested information regarding other cities’ processes. McWilliams replied some communities require only one individual, while others require up to fifty. Councilmember Cunniff suggested that staff bring forward an optional number for that provision prior to Second Reading. Councilmembers Campana and Overbeck retracted the original motion. Councilmember Campana made a motion, seconded by Mayor Weitkunat, to adopt Ordinance No. 057, 2014, on First Reading, amending Section 14.2.1 from three residents to ten. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the motion to require three residents for non-consensual designations. Packet Pg. 40 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 154 Councilmember Poppaw supported the inclusion of three residents. The vote on the motion to amend was as follows: Yeas: Overbeck, Troxell, Campana, Poppaw and Cunniff. Nays: Weitkunat. THE MOTION CARRIED. The vote on the original motion was as follows: Yeas: Overbeck, Troxell, Campana, Poppaw, Cunniff and Weitkunat. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 058, 2014, on First Reading. Councilmember Troxell requested additional information regarding the thinking behind fewer individual designations and more district designations. Kadrich replied survey work has begun and neighborhood planning efforts now include components of historic preservation. The vote on the motion was as follows: Yeas: Troxell, Campana, Poppaw, Cunniff, Weitkunat and Overbeck. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 059, 2014, on First Reading. Yeas: Troxell, Campana, Poppaw, Cunniff, Weitkunat and Overbeck. Nays: none. THE MOTION CARRIED. Resolution 2014-029 Appointing an Ad Hoc City Council Committee to Select and Recommend a Name for a 31-Acre Natural Area, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to appoint an ad hoc Council committee to develop a naming recommendation for the 31-acre property recently conveyed from Woodward Governor to the City’s Natural Areas Department (NAD). BACKGROUND / DISCUSSION Naming of new properties is governed by City Code Section 23-141 and 23-142 (Attachment 2). There are two separate naming approaches described in those provisions. The first describes the process when a personal name is under consideration. The second describes the process when a personal name is not under consideration. Packet Pg. 41 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 155 1) If the property is to be named for a person or entities, the name must be approved by Council resolution and after review by an ad hoc committee “formed for the purpose of selecting and recommending a name for such property…” The ad hoc committee “may be initiated by request of the City Manager or the Mayor or by majority vote of the City Council.” In this case the Mayor initiated the request for an ad hoc committee. a. If a personal name is to be considered, a resolution adopting the name shall “include a description of the donation or other significant service or benefit to the community… that is the basis for the designation of the name approved.” b. If using a personal name the person(s) shall have been determined “to have provided significant service or direct benefit to the community that has endured, or will endure, over many years.” c. If a donation is the basis for the personal name under consideration, the donation generally “should be no less than seventy-five percent…of the value of the property…” 2) If a personal name is not under consideration, the City Manager is authorized to “establish administrative rules and procedures for the selection…” As a matter of practice (and in accordance with an NAD administratively adopted policy) NAD staff typically has solicited names from the public and chosen a name for its sites. Prior to bringing forward a name to the City Manager or City Council for this particular property, on January 15 Natural Areas staff recommended the name Coy Hoffman Natural Area to the Land Conservation and Stewardship Board. The Board was opposed to this name for a variety of reasons (Attachment 3). At the Board’s February 12 meeting, the Board passed a motion to advise Council of its opposition to the Coy Hoffman Natural Area. The motion also recommended that staff develop a name in keeping with the site’s natural characteristics or Native American history. In addition to Coy Hoffman Natural Area, staff proposed Swift Current as an alternative to Coy Hoffman. The name is in keeping with the practice of naming Natural Area sites after the natural characteristics of the site. Some Native American tribes called the river minnie luzahan, which translates to “swift current.” BOARD / COMMISSION RECOMMENDATION At the time of this Agenda Item Summary, the Land Conservation and Stewardship Board had not taken a position on the ad hoc Council committee. The Board, however, did pass a motion at its February 12th meeting, expressing its opposition to Coy Hoffman Natural Area. The motion also suggested that staff develop a name in keeping with the site’s natural characteristics or Native American history (Attachment 4). PUBLIC OUTREACH In addition to its work with the Land Conservation and Stewardship Board, Natural Areas staff conducted public outreach to solicit site names. Several citizens recommended names associated with the pioneer history of the site; Swift Current also was suggested.” John Stokes, Natural Resources Director, discussed the necessity for the ad hoc committee. Packet Pg. 42 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 1, 2014 156 Myrne Watrous, 723 West Olive, supported the name Coy Hoffman for the Natural Area and noted approximately 1/3 of the City’s Natural Areas have been named for families connected to those areas. Mayor Weitkunat stated she will serve on the committee and suggested Councilmember Overbeck consider serving as the property is within his District. Councilmember Overbeck stated he would be delighted to serve on the committee. Councilmembers Troxell and Cunniff expressed interest in serving on the committee, as well. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2014-029, inserting the names Mayor Weitkunat and Councilmembers Troxell, Overbeck, and Cunniff to serve on the ad hoc committee. Councilmember Poppaw thanked those willing to serve on the committee. The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Weitkunat, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. Other Business Councilmember Cunniff asked that Council entertain further consideration of a resolution opposing the fast track of the Trans Pacific Partnership. Additional Councilmembers supported that consideration. City Attorney Roy noted the title of Resolution 2014-028 will need to be modified to reflect the changes made by Council. Adjournment The meeting adjourned at 9:15 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 43 Attachment1.1: April 1, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 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, April 15, 2014, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry suggested postponement of Item Nos. 6 and 15, Second Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat and Second Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records, until May 6. Citizen Participation John Weinz, Fort Collins resident, opposed the use of Smart Meters. Jenny Bradley, Fort Collins resident, opposed the use of Smart Meters, stating she has experienced ill health effects from their installation. Pamela (no last name given), Larimer County resident, opposed the use of fluoride as it has been classified as a neurotoxin. John Metters, Larimer County resident, opposed the use of Smart Meters John Malsby, Larimer County resident, opposed the use of Smart Meters, citing their emission of radio frequencies. Donna Metters, Larimer County resident, opposed the use of Smart Meters, citing their emission of radio frequencies. Betty Scranton, Larimer County resident, opposed the use of Smart Meters, stating we cannot protect ourselves from them. Bill Mullaney, Larimer County resident, opposed the use of Smart Meters, stating wildlife has been harmed and citing their health risks and security concerns. Rich Scranton, Larimer County resident, opposed the use of Smart Meters, citing security concerns and stated the program should be available for opt-in status. Larry Wallace, Larimer County resident, opposed the use of Smart Meters, stating they have been forced on residents. Packet Pg. 44 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 158 Mel Hilgenberg, 172 North College, announced community theater events and encouraged Council to adopt an emergency sales tax to reimburse property taxes taken by tax increment financing since 1988. He opposed the Boxelder Floodplain. Bruce Bauman, no residence given, opposed the use of Smart Meters. Stacy Lynne, 305 West Magnolia, requested that residents who have opted out of the Smart Meter program have their meters replaced with analog meters and requested that Virginia Farver’s Smart Meter be replaced. Tom Mitchell, Larimer County resident, opposed the use of Smart Meters citing citizen rights. Fred Kirsch, Fort Collins resident, requested a redesign of the on-bill financing program to work for renters and low-income households. Mike Pruznick, Fort Collins resident, expressed concerns about the integrity of City staff. Bob Hare, Citizens Against Asphalt Toxins, opposed the proposed asphalt plant. Jonathan Carnahan, Fort Collins residents, discussed freedom of speech Citizen Participation Follow-up Mayor Weitkunat noted no Councilmembers desire to stifle free speech and stated it is not beneficial to malign the character of individuals. Councilmember Cunniff agreed with Mayor Weitkunat and encouraged citizens to contact him with any concerns. Mayor Pro Tem Horak suggested the City Manager send a letter asking the Colorado Department of Health and Environment to hold a hearing regarding the asphalt plant. He also suggested Mr. Kirsch work with the Energy Board regarding the on-bill financing issue. Additionally, Mayor Pro Tem Horak cited studies indicating no evidence that radio frequencies coming from Smart Meters or cell phones cause harm. Councilmember Cunniff noted the new digital meters do not have an antenna and therefore do not transmit radio frequencies. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the April 1, 2014 Regular Council Meeting. The purpose of this item is to approve the minutes from the April 1, 2014 Regular Council meeting. Packet Pg. 45 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 159 2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to May 6, 2014. Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos. 005 and 006, 2014) be postponed until May 6, 2014. The final plat approval should be considered by the Board of County Commissioners in late April. Under the Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. Postponing this item until the May 6 meeting will honor the City’s commitment in the IGA. 3. Second Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sport Club. This Ordinance, unanimously adopted on First Reading on April 1, 2014, appropriates unanticipated grant revenue in the recreation fund to be used for general operating support for the Adaptive Recreation Opportunities program Paralympic Sport Club. 4. Second Reading of Ordinance No. 050, 2014 Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects to be Approved Through the Waste Innovation Program. This Ordinance, unanimously adopted on First Reading on April 1, 2014, shifts $18,794 accumulated during 2013 in the Waste Innovation Fund account into the City’s General Fund account for approved projects to develop new organizational processes to enable departments to divert more waste material from landfill disposal. 5. Second Reading of Ordinance No. 051, 2014, Reappropriating Funds Previously Appropriated in 2013 But Not Expended or Encumbered in 2013. This Ordinance, unanimously adopted on First Reading on April 1, 2014, authorizes appropriation of funds that were authorized in 2013 for various purposes, but were not spent or encumbered in 2013. 6. Second Reading Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. This Ordinance, unanimously adopted on First Reading on April 1, 2014, vacates a portion of Plum Street right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location is the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. 7. Second Reading of Ordinance No. 054, 2014, Appropriating Prior Year Reserves in the General Fund for Municipal Court Reorganization. This Ordinance, unanimously adopted on First Reading on April 1, 2014, authorizes funding of $55,400 for a minor reorganization of the Municipal Court department. Packet Pg. 46 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 160 8. Items Relating to Municipal Court Fines and Penalties. A. Second Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the Failure to Pay Fine or Penalty. B. Second Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses. Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of credit a prisoner receives for jail served on failure to pay cases and, instead, specifies that said amount will be listed in the Schedule of Fines established by the Municipal Judge. This allows the Municipal Judge to periodically adjust that amount as appropriate. Ordinance No. 056, 2014, amends the City Code to indicate that if an incident gives rise to charges which would normally be filed as a civil infraction and a misdemeanor, the charges are to be handled together as a misdemeanor case. This avoids the time and confusion of having two separate tickets filed with the Court, with separate procedures and costs relating to each. These Ordinances were unanimously adopted on First Reading on April 1, 2014. 9. Items Relating to Historic Preservation. A. Second Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding Landmark Preservation. B. Second Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining to the Functions of the Landmark Preservation Commission. C. Second Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code Pertaining to New Construction as it Affects Historic and Cultural Resources. These Ordinances, unanimously adopted on First Reading, on April 1, 2014, amend the City Code and the Land Use Code regarding the historic preservation program. At the April 1, 2014 Council meeting, questions were raised by Council concerning the effect of certain Code changes, principally those related to dangerous condition and imminent threat. For Second Reading, staff has revised the Code language to make the intent of these Code provisions clearer. Section 14-51 and a new Section 14-73 now state that, if the Building Official or another properly authorized public official or employee determines that a historic structure must be demolished because it presents an imminent threat to life, health or property, nothing in Chapter 14 will interfere with carrying out that order. However, if the official or employee determines that it is reasonable to repair the structure and that repairing it will make it safe, then the owner of the structure will need to comply with Chapter 14 before work is undertaken that will affect the exterior of the structure. Packet Pg. 47 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 161 10. First Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly" Contained in Section 12-141 of the City Code Pertaining to the Cultivation of Marijuana. The purpose of this item is to amend the definition of "publicly" in Section 12-141 of the City Code as it relates to the cultivation of marijuana so as to conform the definition to that which appears in Section 17-190 relating to offenses involving marijuana. This will correct a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on Second Reading on March 18, 2014. 11. First Reading of Ordinance No. 061, 2014, Authorizing the Mayor to Execute a Deed Conveying 12,391 Square Feet of City-Owned Property to Dillon Companies, Inc. The purpose of this Ordinance is to obtain authorization from City Council to convey to Dillon Companies, Inc. a portion of a 1-acre tract of property that was originally acquired from BNSF Railway Company for MAX Bus Rapid Transit (“MAX”) project purposes, but is no longer needed by the Project or the City as a result of a an alternative design that has been developed. 12. First Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. The purpose of this item is to vacate a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 S. College Avenue have requested this vacation. 13. Resolution No. 2014-030 Renaming Sand Creek Drive to Cross Creek Drive. The purpose of this item is to rename Sand Creek Drive to Cross Creek Drive, consistent with the City’s naming policies. Sand Creek Drive is a local street within the Mail Creek Crossing PUD, which is located southeast of the intersection of Kechter Road and South Timberline Road. 14. Resolution 2014-031 Making Appointments to Various Boards and Commissions. The purpose of this item is to make appointments to the Natural Resources Advisory Board, Water Board, and Youth Advisory Board. Vacancies were created through resignations. ***END CONSENT*** Councilmember Overbeck withdrew Item No. 9, Items Relating to Historic Preservation, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Overbeck, Horak, Weitkunat, Troxell, Campana, Poppaw and Cunniff. Nays: none. THE MOTION CARRIED. Packet Pg. 48 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 162 Staff Reports Bonnie Pierce, Environmental Data Analyst, introduced Dr. Carrie Makarewicz who presented the 3-Star Community Certification to the City of Fort Collins from the STAR Technical Advisory Group. Mike Freeman, Rocky Mountain Innosphere (RMI), provided a report on the 2013 projects and 2014 RMI priorities. Councilmember Reports Mayor Weitkunat reported on the City, County, and Poudre School District liaison meeting, noting the primary focus of the discussion had to do with integrating the Bicycle Master Plan with the Safe Routes to School program. Mayor Weitkunat reported on the CSU Stadium Community Design Development Advisory Group meeting. Both she and Councilmember Cunniff agreed the lack of information at the meeting was disappointing. Councilmember Troxell reported on his visit to University Park, Texas regarding the SMU on- campus stadium and its community impacts. He suggested the City needs to begin working with CSU on an intergovernmental agreement with a July 1 deadline. Councilmember Overbeck reported on the Downtown Development Authority meeting, which included an Old Town Square renovation plan. Mayor Pro Tem Horak reported on a meeting between Council and the Poudre Valley Fire Protection Board regarding their intergovernmental agreement. He also reported on the Colorado Connection newspaper delivery route audit plan. Councilmember Poppaw asked about an opt-out clause for the Colorado Connection. Mayor Pro Tem Horak replied there is currently an opt-out clause and there is a possibility of some areas of town being switched to an opt-in system. Mayor Pro Tem Horak reported on a letter written to the Appropriations Subcommittee on Transportation by Senators Bennett and Udall regarding funding for critically important long- term projects, such as northern I-25. Items Relating to Historic Preservation, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding Landmark Preservation. B. Second Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining to the Functions of the Landmark Preservation Commission. Packet Pg. 49 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 163 C. Second Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code Pertaining to New Construction as it Affects Historic and Cultural Resources. These Ordinances, unanimously adopted on First Reading, on April 1, 2014, amend the City Code and the Land Use Code regarding the historic preservation program. At the April 1, 2014 Council meeting, questions were raised by Council concerning the effect of certain Code changes, principally those related to dangerous condition and imminent threat. For Second Reading, staff has revised the Code language to make the intent of these Code provisions clearer. Section 14-51 and a new Section 14-73 now state that, if the Building Official or another properly authorized public official or employee determines that a historic structure must be demolished because it presents an imminent threat to life, health or property, nothing in Chapter 14 will interfere with carrying out that order. However, if the official or employee determines that it is reasonable to repair the structure and that repairing it will make it safe, then the owner of the structure will need to comply with Chapter 14 before work is undertaken that will affect the exterior of the structure.” Councilmember Overbeck requested additional information regarding demolition by neglect and timing requirements for fixing issues. Karen McWilliams, Historic Preservation Planner, replied staff has examined the ability to incorporate deadlines; however, the types of timelines depend greatly on the type of repairs needed. Additionally, this topic was never broached during community outreach; therefore, staff feels the issue has not been appropriately vetted with the community. Councilmember Overbeck asked about the potential turn-around time for completion of additional community outreach. Laurie Kadrich, Director of Community Development and Neighborhood Services, replied the timeframe would likely range from two to six months. Council requested staff proceed with the community outreach process regarding the topic. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 057, 2014, on Second Reading. Councilmember Troxell requested a qualification of the number of individuals required to bring forth a non-consensual historic designation, suggesting those individuals should have some type of interest in or adjacency to the property. Mayor Pro Tem Horak suggested additional requirements could be added in the future, if necessary. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Packet Pg. 50 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 164 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 058, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 059, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records, Second Reading Postponed to May 6, 2014 The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on April 1, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) vacating Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone Second Reading of Ordinance No. 052, 2014, to May 6, 2014. Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 063, 2014, Appropriating Prior Year Reserves in the General Fund to Fund Enhancements to the Fort Collins West Nile Virus Management Program for the 2014 Season, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to execute the City's West Nile Virus Management Program. Additional funds are sought to enhance the public outreach program, to increase the City's larval control boundary and to allow for a more flexible larval control season. In total, funds requested add $75,100 to the program budget. Dan Weinheimer, Policy and Project Manager, reviewed the proposed enhancements. Dana Kunze, Fort Collins resident, supported the proposed enhancements and encouraged funding for protection education as well as funding for an integrated pest manager position. Packet Pg. 51 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 165 Cheryl Distaso, Fort Collins Community Action Network, supported the appropriation and suggested the institution of zero interest loans for home repairs that could keep mosquito breeding down. Mike Pruznick, Fort Collins resident, supported the GPS tracking system and additional information on the education website Megan Williams, 3000 South Taft Hill Road, supported the appropriation and emphasis on personal protection. Nancy York, 130 South Whitcomb, encouraged transparency and public input opportunities in decision making. Councilmember Cunniff asked if the City still has a zero interest loan program for efficiency improvements. City Manager Atteberry replied he would investigate the program. Councilmember Cunniff asked if budget is one of the constraints regarding the larvicide mix. Mike Calhoon, Parks Supervisor, replied budget is one of several factors. Councilmember Cunniff asked if other larvicide options exist. Calhoon replied product alternatives are discussed annually and the program is intended to focus on West Nile Virus mitigation and human health rather than the elimination of mosquitos. Councilmember Cunniff suggested allocating the $135,000 from the General Fund rather than the Natural Areas Program. Councilmember Overbeck asked about notification from HOA’s regarding mosquito spraying. Weinheimer replied staff is researching the issue and options are planned to be part of the May 6 th package. Councilmember Overbeck asked if the mosquito abatement program information could be placed on the fcgov.com home page. Weinheimer replied that information is already included on the web page and will be spotlighted on the front web page as summer approaches. Councilmember Overbeck requested staff speak to the issue of transparency. Weinheimer replied that topic has been discussed by the technical advisory committee and options will be part of the May 6 th package. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 063, 2014, on First Reading. Mayor Pro Tem Horak stated the funding source, as mentioned by Councilmember Cunniff, should be dealt with as a separate Resolution. City Attorney Roy replied any appropriation would need to be done by Ordinance with options available for Council consideration. Mayor Pro Tem Horak disagreed with the idea of holding a public hearing a day prior to spraying, given existing proven protocols. Packet Pg. 52 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 166 Councilmember Cunniff supported improved transparency, though agreed an additional public hearing was not necessary. Councilmember Troxell supported the expansion of the integrated management approach. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Cunniff, Overbeck, Poppaw, Campana and Horak. Nays: none. THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Resolution 2014-032 Amendment to the Foothills Mall Redevelopment Agreement, Postponed to May 6, 2014 The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 – Conditions Precedent to Issuance of District Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 – Construction of Residential Component of Project: Affordable Housing, concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units. Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest. City Manager Atteberry discussed the importance of this amendment as it will keep the construction timeline on track and will aid in keeping interest rates stable. Additionally, he discussed the increased sales tax revenue which will be generated by the proposed project. Mayor Pro Tem Horak asked if copies of the first amendment to the redevelopment reimbursement agreement are available. City Manager Atteberry confirmed those copies are available just outside Council Chambers. Mike Beckstead, Chief Financial Officer, detailed the proposed amendment and its benefits to the City. He stated this amendment will not change the financial risk to the City nor will it affect the City’s credit rating. Robby Swint, Walton Street Capital, commended the work done on the project thus far and stated this amendment is critical to the project and will allow the opening to remain for the fall of 2015. Eric Sutherland, 3520 Golden Currant, stated the redevelopment agreement contains many sub- agreements which will need to be executed. He questioned whether or not the City’s best interests are being met with this amendment. Packet Pg. 53 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 167 Don Provost, Alberta Development Partners, discussed the complexity of the mall project and stated this amendment would allow the fall of 2015 opening. Mike Pruznick, Fort Collins resident, opposed the amendment stating the risk is too high for the City. Jonathan Carnahan, Fort Collins resident, discussed the financial risks of the agreement to the City. Ray Martinez, 4121 Stoneridge Court, stated there are great expectations for the mall redevelopment and encouraged forward progress of the project. Carolyn White, land use counsel for the developer, requested approval of the amendment. Councilmember Overbeck asked about the bond market process completed by the developer. Sam Sharp, D.A. Davidson and Company, replied the bond market responded favorably to the decrease in square footage of executed leases. Councilmember Overbeck asked if the PIF can be transferred if the mall is sold to another developer. Beckstead replied that is a recorded item on the deed associated with the property, which would therefore allow it to be transferred. Carrie Daggett, Deputy City Attorney, replied the covenant is recorded against the property and runs with the land. Councilmember Overbeck asked about the consequences should this amendment not be approved. Mr. Swint replied that question is difficult to answer but noted leases are terminable should the delivery date not be met. Councilmember Overbeck asked what makes this mall proposal better than another. Mr. Swint replied the developer has invested $200 million and years of time to ensure this proposal will deliver a mall with a sense of place. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Resolution 2014-032. Councilmember Cunniff asked if the terms are the same as those approved in May 2013. Beckstead replied they are the same terms. Councilmember Cunniff asked if the City requested the May 2013 agreement not go into effect. Beckstead replied in the negative. Councilmember Cunniff commented on political risk versus financial risk. Councilmember Cunniff commented that the political calculation being made is that the Metro District is strongly related to, if not part of, the City. He commented on the sales and tenant situation at Centerra. Councilmember Cunniff asked how many mall projects are being undertaken nationwide. Beckstead replied he has heard two to four large mall projects are currently under construction. Packet Pg. 54 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 168 Councilmember Cunniff argued central retail areas such as malls are no longer sought by consumers given the rise of internet sales. Mayor Pro Tem Horak asked Mr. Swint why Walton Holdings feels differently and is willing to be an equity partner for this project. Mr. Swint replied there was an overbuilding of outdoor mall concepts in the mid-2000s. He spoke about the sense of place concept for the Foothills Mall plan and commented on the benefits of a brick and mortar shopping experience and noted retailers are committing to leases. Mayor Pro Tem Horak asked why Walton Holdings feels this particular mall is a good investment. Mr. Swint replied that Fort Collins has good demographics and a regional draw. Councilmember Campana noted the time spent dealing with amendments has slowed the pace of leasing and commented on the additional risk being taken by the developer. He supported the amendment. Councilmember Cunniff discussed the change in shopping patterns and stated his concern about committing the City and Metro District to this project has been further solidified. He opposed the amendment as it increases risk. Councilmember Overbeck opposed the amendment stating the risks outweigh the rewards. He discussed shopping pattern changes and retail closures. Councilmember Troxell stated this redevelopment will be catalytic for Midtown and this amendment has zero risk to the City. Councilmember Campana discussed new types of retailers and supported the amendment. Councilmember Poppaw stated she supported the first mall deal and the January amendment; however, the complexity of the deal could have been discussed then and the possibility of additional changes should have been mentioned. She opposed the amendment. Mayor Pro Tem discussed the advantages of the Foothills property over Centerra and noted the bond market was receptive to the changes. He stated this is a quality of life issue for Fort Collins and this change is less risky. Councilmember Campana made a motion, seconded by Councilmember Troxell, to postpone Resolution 2014-032 to April 22, 2014. Councilmember Cunniff stated part of his concern has been related to the speed at which this information has been coming forward and supported the possibility of postponement. Councilmember Overbeck opposed the postponement and stated he would like the City of Fort Collins to get back to delivering high quality services in a fiscally responsible manner. Councilmember Poppaw suggested postponing the item to, May 6, 2014. Councilmembers Campana and Troxell agreed with the date change. Packet Pg. 55 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 169 Councilmember Cunniff asked that various boards and commissions have the opportunity to review the amendment prior to May 6. City Manager Atteberry asked what boards Council would like to have consider the issue, other than the Economic Advisory Commission. Councilmember Overbeck suggested the Affordable Housing Board and Commission on Disability. Mayor Pro Tem Horak suggested all boards and commissions be given an opportunity to meet and discuss the topic. City Attorney Roy suggested the inclusion of such language in the motion. Councilmembers Campana and Troxell accepted the language. The vote on the motion to postpone was as follows: Yeas: Cunniff, Horak, Troxell, Campana and Poppaw. Nays: Overbeck. THE MOTION CARRIED. Other Business Councilmember Troxell requested Council direct the City Manager to work with the City Attorney in putting together an intergovernmental agreement (IGA) framework between the City and Colorado State University with regard to the community impacts and costs of the proposed on-campus stadium, with a deadline of July 1, 2014 to have the IGA in place. Mayor Pro Tem Horak suggested a timeline for having an IGA in place should first be instituted. Councilmember Troxell expressed concern there is no conversation occurring relating to the costs for infrastructure. Mayor Weitkunat stated the July 1 st deadline may be difficult to meet. City Manager Atteberry supported Councilmember Troxell’s idea; however, he noted the mitigation conversation has yet to take shape and stated the development of an IGA is typically a negotiation. Councilmember Troxell stated the IGA needs to be in place by July 1 st if the stadium is planned to be operational by fall 2016. Councilmember Cunniff agreed some type of deadline is necessary. Councilmember Overbeck supported the formation of at least an outline of an IGA from the City’s perspective. Councilmember Poppaw supported Councilmember Troxell’s proposal. Packet Pg. 56 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) April 15, 2014 170 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to April 22, 2014 at 6:00 p.m. to consider a possible Executive Session. Yeas: Overbeck, Horak, Weitkunat, Troxell, Campana, Poppaw and Cunniff. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 10:20 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 57 Attachment1.2: April 15, 2014 (Minutes - 4/1, 4/15 and 4/122) 171 April 22, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 22, 2014, 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: Campana, Cunniff, , Overbeck, Poppaw, Troxell, and Weitkunat. Councilmember Horak arrived at 6:33 p.m. Staff Members Present: Atteberry, Harris, Roy. Executive Session Authorized Councilmember Cunniff made a motion, seconded by Councilmember Campana, to go into executive session for the purpose of meeting with the attorneys for the City, the City Manager, other affected members of City staff, and consultants for the City to discuss specific legal questions related to potential litigation involving the City and/or the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state or local laws as permitted under Section 2-31(a)(2) of the City Code. Yeas: Campana, Cunniff, Overbeck, Poppaw, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. Adjournment At the conclusion of the executive session, the meeting adjourned at 6:55 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 58 Attachment1.3: April 22, 2014 (Minutes - 4/1, 4/15 and 4/122) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Kechter Farm Annexation and Zoning. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on January 7, 2014, annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 7, 2014 (w/o attachments) (PDF) 2. Ordinance No. 005, 2014 (PDF) 3. Ordinance No. 006, 2014 (PDF) Packet Pg. 59 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Kechter Farm Annexation and Zoning. EXECUTIVE SUMMARY A. Resolution 2014-001 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Crossing Annexation. B. Hearing and First Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. This is a request to annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently in the County’s development review process. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BACKGROUND / DISCUSSION The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: ATTACHMENT 1 Packet Pg. 60 Attachment2.1: First Reading Agenda Item Summary, January 7, 2014 (w/o attachments) (SR 005 006 Kechter Farm Annexation) Agenda Item 13 Item # 13 Page 2 “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City staff has reviewed and commented on the Kechter Farm project through the County’s development review process. This process of County plan review followed by annexation was also undertaken with the Westchase, Kechter Crossing, Fossil Lake neighborhoods. The IGAs referenced are available online at <http://www.fcgov.com/advanceplanning/pdf/iga-doc.pdf>. Kechter Farm is located within the Fossil Creek Reservoir Area Plan and contains 286 acres (see Attachment 5). The parcel contains land that is both within the sending area (area to be conserved) and receiving area (area to be developed). In 2012, the Board of County Commissioners approved the project’s General Development Plan which permanently protected over 116 of the 286 acres on the parcel, making the conservation of this land the last major piece of the Fossil Creek Reservoir conservation effort outlined in the Fossil Creek Reservoir Area Plan. This annexation is for 88.21 of the 170 acres that is designated for land development in the Kechter Farm General Development Plan. Kechter Farm has 1/6 contiguity to existing City limits through Kinard Middle School to the northeast (annexed in May of 2007), Fossil Lake Third Annexation to the east (March 2002), Westchase Second Annexation (December 2001), and the Poudre School District and Timbers PUD Annexation (July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The annexation of this first phase of the Kechter Farm GDP will create an enclave to the north and west of the subject property (Attachment 4). According to State Statutes, the creation of an enclave allows the municipality to annex the enclave areas after it has been an enclave for three years without a petition. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; Homestead Subdivision E: LMN in the City of Fort Collins; Kinard Middle School Fossil Lake PUD S: FA1 - Farming in Larimer County; Fossil Creek Reservoir W: UE in the City of Fort Collins; Westchase PUD LMN in the City of Fort Collins; Westchase PUD Mail Creek Crossing Timbers Development Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The requested placement into the Low Density Mixed-Use Neighborhood and Urban Estate Packet Pg. 61 Attachment2.1: First Reading Agenda Item Summary, January 7, 2014 (w/o attachments) (SR 005 006 Kechter Farm Annexation) Agenda Item 13 Item # 13 Page 3 District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 4. On December 3, 2013, the City Council adopted Resolution 2013-097 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested LMN, Low Density Mixed Use Neighborhood and UE, Urban Estate Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. It should be noted that due to an Intergovernmental Agreement between Larimer County and the City of Fort Collins for the Fossil Creek Reservoir Area Land Use Framework Plan, this annexation is contingent upon completing development as described in the General Development Plan. If changes to the General Development Plan are such that they warrant a major amendment to the Plan, the zoning with conditions would no longer be applicable and the property would be considered zoned Urban Estate and Low Density Mixed-Use Neighborhood pursuant to the Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACT No direct financial impacts result from the proposed annexation and zoning. ENVIRONMENTAL IMPACTS The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Comprehensive Plan & Land Use Code. BOARD / COMMISSION RECOMMENDATION At its December 12, 2013 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 7-0 to recommend approval of the annexation. The Board voted 5-0 to recommend that the property be placed in the Low Density Mixed Use Neighborhood and Urban Estate Zone Districts and in the Residential Neighborhood Sign District. The minutes from the December 12, 2013 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on December 12, 2013. A letter of notification of the public hearing was mailed to all Affected Property Owners within 1000 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation and zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. There was significant public outreach during the land use approval process for the General Development Packet Pg. 62 Attachment2.1: First Reading Agenda Item Summary, January 7, 2014 (w/o attachments) (SR 005 006 Kechter Farm Annexation) Agenda Item 13 Item # 13 Page 4 Plan (GDP) through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (June 20, 2012) and Board of County Commissioners (December 10, 2012). The GDP was approved by the Board of County Commissioners by a vote of 3-0. The preliminary plat was unanimously approved by the Larimer County Planning Commission on December 18, 2013 and is scheduled to be heard by the Board of County Commissioners on January 13, 2014. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Enclave Area Created (PDF) 5. General Development Plan (PDF) 6. Planning and Zoning Board December 12, 2013 minutes (draft) (PDF) Packet Pg. 63 Attachment2.1: First Reading Agenda Item Summary, January 7, 2014 (w/o attachments) (SR 005 006 Kechter Farm Annexation) - 1 - ORDINANCE NO. 005, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2013-097, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39'17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: Packet Pg. 64 Attachment2.2: Ordinance No. 005, 2014 (SR 005 006 Kechter Farm Annexation) - 2 - thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 279.35 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the Packet Pg. 65 Attachment2.2: Ordinance No. 005, 2014 (SR 005 006 Kechter Farm Annexation) - 3 - end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 87.85 acres, more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Farm Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Packet Pg. 66 Attachment2.2: Ordinance No. 005, 2014 (SR 005 006 Kechter Farm Annexation) - 4 - Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 67 Attachment2.2: Ordinance No. 005, 2014 (SR 005 006 Kechter Farm Annexation) - 1 - ORDINANCE NO. 006, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Farm Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use (“L-M-N”) Zone District, which property is more particularly described as: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a Packet Pg. 68 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 2 - distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet; thence leaving said annexation boundary N 89°35’08” W for a distance of 112.25 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of N 59°38'25" W and a chord distance of 399.34 feet; thence Northwesterly along the arc of said curve for a distance of 418.11 feet, through a central angle of 59°53'26" to the end of said curve; thence N 29°41'42" W for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of N 43°57'30" W and a chord distance of 295.66 Packet Pg. 69 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 3 - feet; thence Northwesterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence N 58°13'19" W for a distance of 367.48 feet; thence S 70°29'49" W for a distance of 92.96 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of S 22°27'15" W and a chord distance of 155.21 feet; thence Southwesterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence S 31°46'41" W for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of S 33°28'42" W and a chord distance of 81.13 feet; thence Southwesterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24'03" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 56.34 acres, more or less. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Farm Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property is more particularly described as: A portion of land lying in the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet: thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a Packet Pg. 70 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 4 - distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non-tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet to the POINT OF BEGINNING; thence continue S 00°24'49” W along said East line for a Packet Pg. 71 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 5 - distance of 133.62 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence along a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 54°49’16” E and a chord distance of 81.13 feet; thence Northeasterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24’03"to the end of said curve; thence N 31°46'41" E for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of N 22°27'15" E and a chord distance of 155.21 feet; thence Northeasterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence N 70°29'49" E for a distance of 92.96 feet ; thence S 58°13'19" E for a distance of 367.48 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of S 43°57'30" E and a chord distance of 295.66 feet; thence Southeasterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence S 29°41'42" E for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of S 59°38'25" E and a chord distance of 399.34 feet; thence Southeasterly along the arc of said curve for a distance of 418.11 feet, through a central Packet Pg. 72 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 6 - angle of 59°53'26" to the end of said curve; thence S 89°35’08” E for a distance of 112.25 feet to the Point of Beginning, containing 31.51 acres, more or less. Section 3. That, in accordance with Section 2.9.4(I) of the Land Use Code, the aforesaid zoning is conditioned upon compliance with that certain Intergovernmental Agreement Regarding Cooperation on Managing Urban Development, originally adopted May 1, 1980, and amended November, 2000 (“IGA”), and the Larimer County Land Use Code Supplementary Regulations, Section 15.2.2 et seq, and the General Development Plan (“GDP”) and Planned Development zoning approved by Larimer County on December 10, 2012. Accordingly, this zoning will only be applicable if and to the extent that the development contemplated by the GDP is actually constructed in accordance with the GDP. If it is not so constructed, and if such deviation from the GDP is substantial enough to require a Major Amendment under the provisions of the Land Use Code, then this conditional zoning will no longer be applicable, and the property will be required to be processed through such applications under the Land Use Code as would be required if the property were zoned U-E and L-M-N without conditions. Furthermore, the portion of the property within the L-M-N zone district designated as “Commercial” (in the northeastern corner of the property) shall, in any event, be required to obtain approval by the City of a Project Development Plan pursuant to the Land Use Code. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 73 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) - 7 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 74 Attachment2.3: Ordinance No. 006, 2014 (SR 005 006 Kechter Farm Annexation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Tyler Siegmund, Civil Engineer SUBJECT Second Reading Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 1, 2014, vacates a portion of Plum Street right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location is the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, April 1, 2014 (PDF) 2. Location map (PDF) 3. Ordinance No. 053, 2014 (PDF) Packet Pg. 75 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 1, 2014 City Council STAFF Tyler Siegmund, Civil Engineer SUBJECT First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location is the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2007 additional right-of-way was dedicated to the City along Plum Street on the Dechairo Subdivision plat. With the Scott Plaza development plan, the applicant has proposed a mixed use development project at this location and it has been determined that the additional right-of-way is no longer needed for public street purposes. The applicant has ownership of the adjacent land. All public and private utilities were notified of the proposed vacation and they report no objections to the vacation request. FINANCIAL / ECONOMIC IMPACT There are no financial impacts to the vacation of this portion of right of way. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right of way. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted City departments. The adjacent property owner and the person requesting the vacation are one in the same and thus no letters were sent to adjacent property owners. ATTACHMENTS 1. Location map (PDF) Packet Pg. 76 Attachment3.1: Copy of First Reading Agenda Item Summary, April 1, 2014 (SR 053 Plum Street Right-of-Way Vacation) Packet Pg. 77 Attachment3.2: Location map (SR 053 Plum Street Right-of-Way Vacation) - 1 - ORDINANCE NO. 053, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF PLUM STREET RIGHT-OF-WAY AS DEDICATED ON THE DECHAIRO SUBDIVISION PLAT WHEREAS, the plat of Dechairo Subdivision included the dedication to the public of right-of-way for Plum Street; and WHEREAS, Scott Plaza, LLC has requested that the City vacate a portion of this right- of-way; and WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent land owners, City agencies, and private utility companies have been contacted and have reported no objection to the proposed vacation; and WHEREAS, the right of the residents of the City will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of Plum Street right-of-way more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished; provided, however, that: 1) this vacation shall not take effect until this Ordinance is recorded by the City Clerk with the Larimer County Clerk and Recorder; and 2) this Ordinance shall be recorded by the City Clerk concurrently with the recording of the subdivision plat for the development known as “Scott Plaza”; and 3) if this Ordinance is not so recorded by January 9, 2017, then this Ordinance shall become null and void and of no force and effect. Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Attachment3.3: Ordinance No. 053, 2014 (SR 053 Plum Street Right-of-Way Vacation) - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 79 Attachment3.3: Ordinance No. 053, 2014 (SR 053 Plum Street Right-of-Way Vacation) Packet Pg. 80 Attachment3.3: Ordinance No. 053, 2014 (SR 053 Plum Street Right-of-Way Vacation) Packet Pg. 81 Attachment3.3: Ordinance No. 053, 2014 (SR 053 Plum Street Right-of-Way Vacation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Second Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly" Contained in Section 12- 141 of the City Code Pertaining to the Cultivation of Marijuana. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 15, 2014, amends the definition of "publicly" in Section 12-141 of the City Code as it relates to the cultivation of marijuana so as to conform the definition to that which appears in Section 17-190 relating to offenses involving marijuana. This will correct a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on Second Reading on March 18, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 15, 2014 (PDF) 2. Ordinance No. 060, 2014 (PDF) Packet Pg. 82 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Rita Harris, Chief Deputy City Clerk SUBJECT First Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly" Contained in Section 12-141 of the City Code Pertaining to the Cultivation of Marijuana. EXECUTIVE SUMMARY The purpose of this item is to amend the definition of "publicly" in Section 12-141 of the City Code as it relates to the cultivation of marijuana so as to conform the definition to that which appears in Section 17-190 relating to offenses involving marijuana. This will correct a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on Second Reading on March 18, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 18, 2014, Council adopted on second reading a series of ordinances relating to retail/recreational marijuana. Two of those ordinances -- Ordinance No. 038, 2014, establishing regulations for the consumption and possession of marijuana and prohibiting the transfer or display of marijuana on City-owned property, and Ordinance No. 039, 2014, establishing regulations for the cultivation of marijuana -- contain a definition of "publicly" which should have been identical to one another. However, the phrase "including any place to which the public or a substantial number of the public have access without restriction" inadvertently appeared in Ordinance No. 039, 2014, while other wording was omitted. This Ordinance amends the definition of "publicly" in Section 12-141 of the City Code (adopted via Ordinance No. 039, 2014) to make the definition consistent with the definition contained in Section 17-190 of the City Code (adopted via Ordinance No. 038. 2014). ATTACHMENT 1 Packet Pg. 83 Attachment4.1: First Reading Agenda Item Summary, April 15, 2014 (SR 060 Marijuana definition) - 1 - ORDINANCE NO. 060, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DEFINITION OF “PUBLICLY” CONTAINED IN SECTION 12- 141 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CULTIVATION OF MARIJUANA WHEREAS, on March 18, 2014, the City Council passed and adopted on final reading Ordinance No. 038, 2014 establishing regulations for the consumption and possession of marijuana within the City and prohibiting the transfer or display of marijuana on city-owned property; and WHEREAS, on March 18, 2014, the City Council passed and adopted on final reading Ordinance No. 039, 2014 establishing regulations for the cultivation of marijuana; and WHEREAS, the definition of “publicly” appeared in both ordinances, and those definitions should have been identical to one another, but are not; and WHEREAS, City staff recommends that the definition of “publicly” in Ordinance No. 039, 2014, be amended to make the two definitions identical; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the definition of “Publicly” contained in Section 12-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Publicly shall mean occurring on any publicly owned property, or on any non-residential property that is open to the general public, including, but not limited to, roadways, transportation facilities, offices, retail stores, restaurants, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities. Introduced, considered favorably on first reading, and ordered published this 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 84 Attachment4.2: Ordinance No. 060, 2014 (SR 060 Marijuana definition) - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 85 Attachment4.2: Ordinance No. 060, 2014 (SR 060 Marijuana definition) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT Second Reading of Ordinance No. 061, 2014, Authorizing the Mayor to Execute a Deed Conveying 12,391 Square Feet of City-Owned Property to Dillon Companies, Inc. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 15, 2014, authorizes the conveyance of a portion of a 1-acre tract of property that was originally acquired from BNSF Railway Company for MAX Bus Rapid Transit (“MAX”) project purposes to Dillon Companies, Inc. The property is no longer needed by the Project or the City as a result of an alternative design that has been developed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (PDF) 2. Ordinance No. 061, 2014 (PDF) Packet Pg. 86 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT First Reading of Ordinance No. 061, 2014, Authorizing the Mayor to Execute a Deed Conveying 12,391 Square Feet of City-Owned Property to Dillon Companies, Inc. EXECUTIVE SUMMARY The purpose of this Ordinance is to obtain authorization from City Council to convey to Dillon Companies, Inc. a portion of a 1-acre tract of property that was originally acquired from BNSF Railway Company for MAX Bus Rapid Transit (“MAX”) project purposes, but is no longer needed by the Project or the City as a result of a an alternative design that has been developed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION To accommodate the MAX station located at Drake Road, the City acquired approximately 1-acre of unused railroad property from BNSF Railway Company. The City intended to develop station improvements on the southern portion of this parcel (at Drake Road) and develop MAX exclusive use parking on the remainder. Given the narrow configuration of the acquired railroad property, supplemental acquisitions were necessary from the adjacent property owner, Dillon Companies, Inc., (Dillon) to develop the exclusive use parking. Further, additional acquisitions were needed for other project needs including shared parking. In the course of negotiating with Dillon, a concern was expressed regarding potential impacts to Dillon’s planned future redevelopment of the site. In response, both parties agreed to look at design/alignment alternatives that would address Dillon’s concerns and uphold MAX project objectives. The concluded design resulted in a win-win for both the City and Dillon. The new design resolves Dillon’s redevelopment concerns, and provides the City with exclusive and shared parking that functions in a greatly improved manner and is more proximate to the station. Additionally, the new design provides the same number of exclusive use parking spots and two additional shared parking spots (the new design does not require a separate drive aisle and allows for a more efficient parking configuration). In short, the alternative design shifts the exclusive parking south, off of existing City owned property and locates it on Dillon property that is immediately adjacent to the MAX station. Similarly, the shared parking is also shifted south, and would be located across the drive isle from the exclusive parking (also on Dillon owned property). Please refer to Attachment 2, showing the acquisitions needed for the original proposed alignment versus those that are required by the earlier alternative. MAX Project Staff and Dillon are in agreement on price and terms with regard to the real estate transactions that is necessary for the design alternative and is presently working to conclude a purchase agreement that includes those terms. A key aspect of the negotiated alternative is for the City to convey the unused portion of the 1-acre parcel previously acquired from BNSF Railway Company to Dillon in exchange for Dillon conveying ATTACHMENT 1 Packet Pg. 87 Attachment5.1: First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (SR 061 MAX BRT Conveyance) Agenda Item 11 Item # 11 Page 2 to the City a parcel of property immediately adjacent to the station. Authorization to convey the City Property allows the City to reach a voluntary agreement with Dillon and avoid the prospects of having to pursue the necessary property interests via eminent domain, likely be more costly for the City. FINANCIAL / ECONOMIC IMPACTS The City originally acquired the railroad property in 2012 at a purchase price of approximately $7.50/sq ft. The proposed conveyance is based on a rate of $8.40/sq ft. Authorization to convey the aforementioned City Property allows the City to reach a voluntary agreement with the property owner and avoid the prospects of having to pursue the necessary property interests via eminent domain, likely be more costly for the City. ATTACHMENTS 1. Location map (PDF) 2. Detail map - Drake MAX Dillon Exchange (PDF) Packet Pg. 88 Attachment5.1: First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (SR 061 MAX BRT Conveyance) - 1 - ORDINANCE NO. 061, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A DEED CONVEYING 12,391 SQUARE FEET OF CITY-OWNED PROPERTY TO DILLON COMPANIES, INC. WHEREAS, the City has acquired an approximately one-acre strip of land along the west side of the presently existing Kmart store from the BNSF Railway Company for utilization in the development of the MAX Bus Rapid Transit project; and WHEREAS, the owner of the Kmart store, Dillon Companies, Inc. (Dillon) has been in negotiations with the City regarding the development of the MAX station located on the Dillon property at the approximate crossing of the MAX system at Drake Road; and WHEREAS, during these negotiations, the City has developed an alternative design that would allow MAX customers to park at a location much closer to the bus stop than if the one- acre tract acquired from BNSF Railway Company was used for that purpose; and WHEREAS, Dillon is supportive of locating the parking near the bus stop in exchange for the City’s conveyance to Dillon of the 12,391 square foot parcel along the west side of the Kmart store as described on the exhibit to Exhibit “A”, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the proposed conveyance is beneficial to both the City and Dillon in pursuing their respective use of the Property as a retail store and as a bus stop; and WHEREAS, the City Council has determined that the conveyance of the Property to Dillon is in the best interests of the City and that the Mayor is authorized to execute a deed making such conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute a deed conveying the Property to the Dillon Companies, Inc., using a deed in substantially the form of the Deed of Conveyance attached hereto as Exhibit “A” and incorporated herein by this reference. Packet Pg. 89 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 90 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) EXHIBIT A Packet Pg. 91 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) Packet Pg. 92 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) Packet Pg. 93 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) Packet Pg. 94 Attachment5.2: Ordinance No. 061, 2014 (SR 061 MAX BRT Conveyance) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Helen Matson, Real Estate Services Manager SUBJECT Second Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 15, 2014, vacates a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 South College Avenue have requested this vacation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (PDF) 2. Ordinance No. 062, 2014 (PDF) Packet Pg. 95 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Helen Matson, Real Estate Services Manager SUBJECT First Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 S. College Avenue have requested this vacation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1974, a deed recorded in Book 1605 at Page 310 dedicated a street right-of-way. The portion to be vacated is not currently constructed as a street and is no longer needed for public street purposes. With the vacation, the City will retain a utility easement. The applicant has ownership of the adjacent land. All public and private utilities were notified for the proposed vacation and they report no objections to the vacation request. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted City departments. The adjacent property owner and the person requesting the vacation are the same, so no letters were sent to adjacent property owners. ATTACHMENTS 1. Location Map (PDF) ATTACHMENT 1 Packet Pg. 96 Attachment6.1: First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (SR 062 2025 S College ROW Vacation) - 1 - ORDINANCE NO. 062, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF STREET RIGHT-OF-WAY DEDICATED TO THE CITY IN 1974 AS PART OF THE KMART DEVELOPMENT WHEREAS, in 1974, a deed recorded in Book 1605 at Page 310 of the Larimer County Records dedicated to the City a street right-of-way located at the rear of the building at 2505 South College Avenue (Kmart store) and east of the Burlington Northern Santa Fe railroad tracks; and WHEREAS, a portion of that right-of-way is not currently used as a street and is no longer needed for public street purposes; and WHEREAS, the property owners of 2505 South College Avenue have requested that this portion of the right-of-way be vacated; and WHEREAS, pertinent land owners, City agencies, and private utility companies have been contacted and have reported no objection to the proposed vacation; and WHEREAS, the right of the residents of the City will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of dedicated street right-of-way located at the rear of the building at 2505 South College Avenue and east of the Burlington Northern Santa Fe railroad tracts, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement. Introduced, considered favorably on first reading, and ordered published this 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 97 Attachment6.2: Ordinance No. 062, 2014 (SR 062 2025 S College ROW Vacation) - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 98 Attachment6.2: Ordinance No. 062, 2014 (SR 062 2025 S College ROW Vacation) EXHIBIT A Packet Pg. 99 Attachment6.2: Ordinance No. 062, 2014 (SR 062 2025 S College ROW Vacation) Packet Pg. 100 Attachment6.2: Ordinance No. 062, 2014 (SR 062 2025 S College ROW Vacation) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Owen Randall, Chief Engineer SUBJECT First Reading of Ordinance No. 064, 2014, Authorizing the Transfer of $2,000 000 in Existing Capital Appropriations from the Northwest Trunk Sewer Expansion Wastewater Capital Project to a New Capital Project for the Construction of a Sewer Interceptor on North Shields Street. EXECUTIVE SUMMARY The purpose of this item is to transfer funds previously appropriated for a northwest trunk sewer extension to be used for the construction of a similar project on North Shields Street. The proposed project will serve a similar purpose of environmental stewardship by removing a significant number of properties from individual septic systems and leach fields. Larimer County is currently planning on the reconstruction of Shields Street north of the Poudre River in 2015 to coincide with the bridge replacement project. Staff has met with the County Engineering department and will be able to coordinate the two projects to minimize the length of time the area would be impacted by construction, if the two projects were to be done independently. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION Some areas north of Fort Collins within the Growth Management Area (GMA) and within the City’s accepted wastewater service territory currently do not have access to any sewer service lines. The Northwest Trunk Sewer Expansion project was proposed in the early 1990s to add additional sewer capacity from Taft Hill Road to the northwest for the area around the Town of Laporte. Later studies showed that the amount of inflow and infiltration was less than previously assumed and some of the proposed development was not going to happen. Existing sewer capacity has been sufficient over the years and the funds were never reallocated to needed projects until now. The Larimer County Health Department has determined that many of the properties along North US 287 have failing Individual Sewage Treatment Systems (ISTS - commonly known as septic systems). These properties are both residential and commercial such as Jax Farm & Ranch or the implement dealer. The County Health Department is working to create a local improvement district in that area to fund and construct a local sewer collection system that could then be connected to the City’s collection system and improve the entire area. The construction of a sewer interceptor line extension along Shields Street north to US 287 will provide that sanitary sewer service connection to the area and allow the elimination of many ISTS and greatly improve the environmental health of a large area in the Poudre River Basin. Packet Pg. 101 Agenda Item 7 Item # 7 Page 2 All final connections will remain the responsibility of the benefitting properties and Sewer Plant Investment Fees will be required at time of connection. Larimer County is preparing to reconstruct Shields Street from the new Poudre River Bridge north to Willox Street in 2015. The County Roads department has recognized the importance of this project to its residents and agreed to coordinate its construction and road closures to accommodate this project, provided the City does not create significant delays to the schedule to contracts already in place. This project is a great example of multi-agency cooperation to the benefit of the larger Fort Collins and Larimer County community. FINANCIAL / ECONOMIC IMPACTS These funds were currently appropriated for a similar project that was later determined to not be necessary. It is anticipated that this project will not have any impact on future rates or budgets. ENVIRONMENTAL IMPACTS The project will significantly improve the groundwater quality in the area. This groundwater has a direct connection to the Poudre River and therefore will have a positive impact on that as well. BOARD / COMMISSION RECOMMENDATION At its April 17, 2014 meeting, the Water Board expressed unanimous support for the re-appropriation of funds and for the proposed project. PUBLIC OUTREACH Public outreach will begin this summer with the preliminary design and be coordinated with the County’s road reconstruction project. The Larimer County Health department has already begun stakeholder discussion to determine the extent of the need and the public support. ATTACHMENTS 1. Water Board Minutes, April 17, 2014 (draft) (DOCX) Packet Pg. 102 Excerpt from Unapproved Water Board Minutes, April 17, 2014 1 Budget Re-appropriation to Fund North Shields Sewer Interceptor Construction (Attachments available upon request). Mr. Haukaas presented information on this item. The purpose of this item is to re-appropriate funds previously approved for a northwest trunk sewer extension to be used for the construction of a similar project on North Shields Street. Background Mr. Haukaas presented a map showing the Sewer District Service Areas. Unserved areas north of the City include the area along US 287 near Jax, a neighborhood to the south of US 287, and the area along Shields Street north of the Poudre River. Every property is on an individual septic system. The Larimer County Health Department approached Utilities about providing sewer service to these areas. They are working with the properties to create an Improvement District. The most feasible connection is on the Northwest Trunk near Shields Street. There is no Utility obligation; however, this area has recently been accepted into the service territory. Staff feels there will be an environmental benefit in removing the septic systems from the Poudre River watershed where possible. Existing capital funds could be redirected. A conceptual project in the 1990’s to address future development and inflow and infiltration issues to expand capacity northwest to Laporte did not happen. Further study showed this project was not necessary and $2 million was appropriated but has been unused since. Proposed Re-appropriation Use the $2 million sitting in reserves to construct a new Sewer Interceptor from the south side of the Poudre River north to US 287. There will be Plant Investment Fees (PIF) from the development. Larimer County Support and Coordination Larimer County is planning to replace the Shields Street Bridge in January 2015. Shields Street from the new bridge to Willox Lane will be reconstructed in Spring 2015. Larimer County is very supportive and willing to coordinate the projects. Staff will request City Council approval for the re-appropriation in May. Highlights from the discussion: A board member inquired if grant money is available through the Environmental Protection Agency (EPA). Mr. Haukaas stated state grant money is available. Larimer County is pursuing these resources. A board member inquired about the timing of the project. Mr. Haukaas stated the project will be voted on during the Fall 2014 regular election. A board member inquired about the land use code regarding new developments and the sewer system. Mr. Haukaas stated new developments will be required to connect to the sewer system once it is in place. A board member inquired if there is a good relationship between the Larimer County Health Department and the residents living in the area. Mr. Haukaas feels there is a good relationship between these two parties. A board member inquired as to how much of the $2 million staff expects to spend. Mr. Haukaas stated rough estimates are at $1.8 – $2 million. Packet Pg. 103 Attachment7.1: Water Board Minutes, April 17, 2014 (draft) (North Shields St Sewer Interceptor) Excerpt from Unapproved Water Board Minutes, April 17, 2014 2 A board member inquired how often the septic systems are tested. Mr. Haukaas does not know this exact number. A board member inquired if any new developments are planned in the area. Staff is not aware of any new developments; however, there is the possibility of new developments in the future. A board member inquired about a provision in the code that required the City to require a property owner to connect to the sewer system even if their septic system was functioning properly. Mr. Haukaas stated a property owner may be required by code to connect to the sewer system if such a public sewer is within 400 feet of the property line (reference City Code Section 26-236). A board member inquired about the cost for connecting to a sewer system. Mr. Haukaas stated this depends on the particular property, and if it is single service. A board member inquired about water service in the area. Mr. Haukaas stated there are several water providers in the area. A board member inquired how wastewater rates will be calculated for the area. Mr. Haukaas stated there is a provision for properties on a well. Also, the water service providers have metered service. A board member asked for clarification on the re-appropriation of $2 million. Is this only to address the potential water quality issues on the Poudre River and the associated environmental impacts? Specifically, will there be payback on this investment? Mr. Haukaas stated there will be payback because every connection will have to pay a PIF. Also, the investment costs can be recouped. A board member inquired about the types of properties in the area. Mr. Haukaas stated the area is a mix of residential and commercial properties. Chairperson Malers invited a comment from an audience member. The individual inquired about sewer connections for properties along the Northwest Trunk if their septic system fails. Are these properties required to connect to the sewer system? Mr. Haukaas stated these properties would have to weigh the costs of connecting versus upgrading their septic system since they would pay a PIF and the cost to connect. Mr. Haukaas stated community outreach is being planned for the area to address these types of questions. The audience member also inquired about the unused funds. Does staff feel there will be pushback from Laporte property owners regarding this since the money was allocated for a specific purpose? Mr. Haukaas stated new technologies have allowed other fixes and the existing sewer capacity has been sufficient. A board member inquired about other uses for the $2 million. Mr. Haukaas stated the funds can be used to accelerate other improvements in the system; however, the funds can only be allocated for wastewater improvements. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Ortman moved that the Water Board recommend that City Council approve re-appropriation of funds from the existing capital budget for the construction of a Sewer Interceptor on North Shields Street. Board Member McKinley seconded the motion. Packet Pg. 104 Attachment7.1: Water Board Minutes, April 17, 2014 (draft) (North Shields St Sewer Interceptor) - 1 - ORDINANCE NO. 064, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF $2,000,000 IN EXISTING CAPITAL APPROPRIATIONS FROM THE NORTHWEST TRUNK SEWER EXPANSION WASTEWATER CAPITAL PROJECT TO A NEW CAPITAL PROJECT FOR THE CONSTRUCTION OF A SEWER INTERCEPTOR ON NORTH SHIELDS STREET WHEREAS, the Larimer County Department of Public Health and Environment (Larimer County) has determined that many of the residential and commercial properties along North US 287 have failing septic systems; and WHEREAS, Larimer County is working with owners in the area to create a local improvement district that would fund and construct a local sewer collection system that could then be connected to the City’s wastewater collection system and improve the entire area; and WHEREAS, to provide that sanitary sewer service connection to the area, a sewer interceptor line extension would need to be constructed along Shields Street north to US 287 (the “Sewer Interceptor Line Project”), within the Fort Collins Growth Management Area; and WHEREAS, this Sewer Interceptor Line Project (the “Project”) would allow for the elimination of many septic systems, and doing so would greatly improve the environmental health of a large area in the Poudre River Basin; and WHEREAS, Larimer County is preparing to reconstruct Shields Street from the new Poudre River Bridge north to Willox Street in 2015, and has agreed to coordinate its construction and road closures to accommodate the Project, provided the City does not create significant delays in the construction schedule already in place; and WHEREAS, staff has met with the Larimer County project staff and will be able to coordinate the two projects to minimize the length of time the area would be impacted by construction; and WHEREAS, another project, the Northwest Trunk Sewer Expansion project, was proposed in the early 1990s to add additional sewer capacity from Taft Hill Road to the northwest for the area around the Town of Laporte, but that project is not expected to move forward in the foreseeable future; and WHEREAS, the funds for the Northwest Trunk Sewer Expansion have not yet been reallocated and are available for use for the Project; and WHEREAS, at its April 17, 2014, meeting, the Water Board expressed unanimous support for the proposed re-appropriation of funds for the Project; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof Packet Pg. 105 - 2 - from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the unexpended appropriated amount of TWO MILLION DOLLARS ($2,000,000) in the Northwest Trunk Sewer Expansion Wastewater Capital Project is hereby authorized for transfer to a New Capital Project for the Construction of a Sewer Interceptor on North Shields Street and appropriated therein for expenditure on the Project. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 106 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT First Reading of Ordinance No. 065, 2014, Amending Chapter 15, Article XIV of the City Code Regarding Outdoor Vendors. EXECUTIVE SUMMARY The purpose of this item is to amend Chapter 15 of the City Code regarding Outdoor Vendors with two minor amendments to further support the outdoor vending community. In July 2012, City Council adopted new outdoor vendor regulations based on a comprehensive study completed by staff. Since the inception of the new regulations, staff has been monitoring the activity and working with the mobile vending community to address opportunities for improvement to the Code. Staff is recommending two updates to address the opportunities. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In early 2012, staff completed a comprehensive study of the existing Outdoor Vendor regulations including extensive public outreach and review of peer city regulations. The outcome of the study was the adoption of new regulations by City Council in July of 2012. The changes that were adopted addressed the following primary themes in Chapter 15 of the Municipal Code and Article 3-5 of the Land Use Code: City Code Ability for vendors to operate in multiple locations and within public streets More efficient licensing time frames - semi-annual and annual license options Operating requirements Clear definition of outdoor vendor types. Land Use Code Location, type, signage and operation regulations Accessory use added to all non-neighborhood zoning districts New general definition for outdoor vendors. Since the inception of the new regulations, staff has worked closely with the outdoor vending community to ensure compliance and ongoing success. Overall the new regulations have been received very positively. Staff has received fewer than 5 complaints over the course of two years and there are currently over 25 outdoor vendors licensed to do business in the City of Fort Collins. Packet Pg. 107 Agenda Item 8 Item # 8 Page 2 During the course of the past two years, staff has received feedback from the vendor community regarding possible adjustments to the regulations to further improve the opportunities to vend citywide. The feedback centered on two specific areas: Current City Code limit of 4 mobile food trucks and 4 push carts (total of 8 vendors) during special vending events on private commercial property Current City Code limit of 1 vendor on private commercial property at a time Additionally, vendors have also communicated a desire to hold large round-up or rally type of events on a regular basis. Two options currently exist to accommodate these events: Special Event Permit issued by Police Services and Parks Permit issued by the Parks Department. Staff held two stakeholder meetings in March 2014 to solicit additional feedback and review possible solutions to the current limitations. Based on the stakeholder meetings and additional research, staff is proposing to address the concerns in two phases: Phase 1 Time frame - Now: Amend Chapter 15 of the City Code to remove the limitation of 4 mobile food trucks and 4 push carts during Special Vending events and allow 8 outdoor vendors of any type. o This amendment supports the vendors request to have 8 mobile food trucks at one time during Special Vending events on private commercial property. o Staff supports this change and does not consider it an encroachment on of the definition of Accessory Use in the Land Use Code. Amend Chapter 15 of the City Code to allow 2 vendors on private commercial property at a time. o This amendment supports the desire of vendors and private commercial property owners to have more than one food option and/or complimentary options such as a hot food truck and a cold food or dessert truck. o Staff supports this change and does not consider it an encroachment on of the definition of Accessory Use in the Land Use Code. Staff is working with the vendors to organize some large onetime events in Community Parks throughout the city - no Code change required. Phase 2 Time frame - Next 12 months: Consider amending the Land Use Code to include “Outdoor Vendors” as a land use type similar to Farmers’ Markets. The Planning Division has added this item to its list of possible amendments for 2015. Continue to research possible opportunities for vendors to hold large events on a regular basis. Potential solutions include: o Additional amendments to the City and Land Use Code o Utilization of City property in the downtown area Packet Pg. 108 Agenda Item 8 Item # 8 Page 3 Staff is proposing the phased approach because it provides immediate low impact solutions to accommodate the 2014 summer season and provides additional time to research the long term opportunities and impacts of expanding the City Code and Land Use Code. Summary Staff is recommending City Council adopt the ordinance to amend Chapter 15 of the City Code to allow: Remove the Special Vending limitation of 4 mobile food trucks and 4 push carts and allow 8 vendors of any type as defined in Chapter 15 of the City Code. Two vendors on private commercial property at one time - Code currently only allows one vendor. PUBLIC OUTREACH Staff held stakeholder meetings on March 25 and 31 to solicit additional feedback and review possible solutions to the current limitations. The stakeholder meetings were very well attended and included the majority of the licensed mobile vendors, members of the Downtown Development Authority and representatives from private industry including local breweries. Additional outreach will be conducted as part of Phase 2 of the review. Packet Pg. 109 - 1 - ORDINANCE NO. 065, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XIV OF THE CODE OF THE CITY OF FORT COLLINS REGARDING OUTDOOR VENDORS WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 058, 2012, making numerous amendments to Article XIV of Chapter 15 of the City Code, to update and expand the licensing of outdoor vendors in Fort Collins and establish related requirements (the “Outdoor Vendors Code”); and WHEREAS, the 2012 amendments were made to address the growing trend and demand in Fort Collins for mobile food trucks and other outdoor vendors; and WHEREAS, since these amendments were adopted, City staff has worked closely with the outdoor vending community to ensure compliance with the Outdoor Vendors Code and the ongoing success of vendors operating under it; and WHEREAS, while the Outdoor Vendors Code has worked well during the past two years, City staff has received feedback from outdoor vendors requesting two amendments to it to expand the opportunities available to them to conduct their businesses within the City; and WHEREAS, the first amendment would remove the current limitation that not more than four outdoor vendors of any single vendor type, such as mobile food truck vendors or pushcart vendors, can make up the maximum of eight outdoor vendors allowed for a temporary event conducted under a special vending license; and WHEREAS, removing this limitation would allow any combination of outdoor vendors not exceeding a maximum of eight to serve a licensed event; and WHEREAS, the second amendment would increase from one to two the number of outdoor vendors that can operate at one time on a parcel of land when not operating under a special vending license or under a license for special events; and WHEREAS, these two amendments are reasonable adjustments to the Outdoor Vendors Code that will allow outdoor vendors more flexibility in providing their services in Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 15-382(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-382. License required. . . . Packet Pg. 110 - 2 - (c) The Financial Officer may issue a special vending license to a person responsible for an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special events permit under Chapter 23.5 of this Code. Notwithstanding the provisions of § 15-386 and § 15-387 of this Article, the requirements applicable to outdoor vendors operating as part of a special vending license event shall be determined by the Financial Officer on a case-by-case basis, taking into consideration the location, nature and scope of the special vending event, and any related circumstances. Upon the issuance of such special vending license, an outdoor vendor operating within the terms of and as part of a special vending license shall not be required to obtain a separate outdoor vendor license for that operation. Any special vending license shall be subject to the following restrictions and limitations: (1) No more than four (4) such licenses shall be issued for a specified property during any calendar year; (2) No more than four (4) outdoor vendors of any single vendor type may participate as part of a licensed event; (32) No more than a total of eight (8) outdoor vendors may participate as part of a licensed event; and (43) The number and type of outdoor vendors to be allowed as part of a licensed event shall be determined by the Financial Officer based on the specific circumstances of the proposed event, including, but not limited to, the location of the event, the size of the lot where the event is held, the types of surrounding land uses and their proximity to the event, and any other potential impacts on public health, safety and welfare that the proposed event may have. . . . Section 2. That Section 15-387(k) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-387. Restrictions and operation. . . . (k) No more than one (1)two (2) outdoor vendors of any specified type may be licensed to operate on any lot, tract or parcel of land, except that this limitation shall not apply to special vending licenses and licenses for special events as described in § 15-382 of this Article. . . . Packet Pg. 111 - 3 - Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 112 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Mgr SUBJECT First Reading of Ordinance No. 066, 2014, Amending Chapter 2, Article II, Division 3 of the City Code Pertaining to Appeals Procedure. EXECUTIVE SUMMARY The purpose of this item is to further clarify and incorporate process improvements relating to the procedure for the hearing of appeals by City Council. Staff contacted members of the public who expressed concerns about the current process and provided them with copies of the proposed changes. No suggested changes were received. Staff also met with the Board of Realtors legislative committee to review the proposed changes. Comments from the committee were focused more on the ease in which an appeal can be filed rather than the specific changes proposed in this Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION During 2011, an extensive update and public outreach process was conducted regarding the procedures for hearing appeals to the City Council. During 2012-13, staff and Council processed a number of appeals using the 2011 amended appeal process. In checking with others affected by the new process, staff is recommending changes to further clarify portions of the Ordinance and incorporate process improvements. None of these changes pertain to any section of the appeal process that previously caused concern for the public during the 2011 update. Summary of the changes proposed: Clarify the definition of new evidence. This change would clarify that outlining or underlining certain portions of writings or graphics presented to the original decision maker does not constitute new evidence. Clarify when a person or association is a party-in-interest. This would clarify that a “party-in-interest” includes any organization that appeared before the original decision maker. Clarify that “location, character, and extent” reviews conducted by the Planning and Zoning Board are not appealable to the City Council. There are restrictive time frames on when a final decision needs to be made on these reviews, usually within 30-60 days after plans have been submitted. Also, the Board’s recommendation for approval or denial can be overturned by the governing body’s board with a 2/3rds majority vote. Therefore, even if the Planning and Zoning Board’s determination was appealed to the Council, the application could still go forward if a decision was not final within the statutory time frame or by a vote of the applicant’s board. Packet Pg. 113 Agenda Item 9 Item # 9 Page 2 Allow additional grounds for failure to conduct a fair hearing .This change would enable an appellant to assert that he/she was denied a fair hearing because the decision maker had a bias against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the decision maker’s independence of judgment. Remove sections of the City Code that require the City Attorney to review notices of appeal for any obvious defects in form or substance. This review has become problematic from a timing standpoint because it requires adding time for the review and any re-submittal. Since the City Attorney cannot provide legal advice to the appellant, and since there are no circumstances under which staff could deny an appeal, the review is of limited value. Allow for an administrative remand for rehearing. This change directly relates to an appeal that was filed in which the City did not have a verbatim transcript of the hearing. There was no mechanism for anyone to remand the hearing back to the Planning and Zoning Board other than to proceed forward with an appeal. This recommendation would allow for the automatic re-hearing if a verbatim transcript of the proceedings does not exist and cannot be produced. Failure to receive notice. This change would clarify that failing to receive notice does not invalidate the appeal process. This is consistent with other similar notice requirements and was raised as a concern during a previous appeal. Making this change would provide clarity to any party-in-interest on this point. Allow for new evidence to be submitted under certain conditions by staff members or by any party-in- interest opposed to the appeal. When a notice of appeal alleges that the decision maker considered false or misleading evidence or that the decision maker was biased, and the appellant offers new evidence on that subject, staff and the other parties-in-interest should also be permitted to provide information to the Council to respond to the appellant’s written material. They are unable to do so under the current code unless a Councilmember asks for that information. This recommended change would allow for the Council to have written materials ahead of a hearing from all sides of an appeal on this kind of issue rather than waiting until the hearing. This change also expands the exception to new evidence to allow for the submission of new evidence in support of an allegation of bias. PUBLIC OUTREACH Staff contacted members of the public who expressed concerns about the current process and provided them with copies of the proposed changes. No suggested changes were received. Staff also met with the Board of Realtors legislative committee to review the proposed changes. Comments from the committee were focused more on the ease in which an appeal can be filed rather than the specific changes proposed in this Ordinance. Packet Pg. 114 - 1 - ORDINANCE NO. 066, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO APPEALS PROCEDURE WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a process whereby parties directly affected by the quasi-judicial decisions of City boards and commissions and certain other City decision makers may be appealed to the City Council; and WHEREAS, the City Council has periodically amended these provisions of the Code; and WHEREAS, several procedural issues have arisen during recent appeals that have prompted City staff to further review the appeal process, and to confer with affected members of the public about additional amendments that will eliminate ambiguities in certain provisions, add an additional ground for appeal, clarify the circumstances under which new evidence may be considered by the City Council during appeal hearings, and make certain other procedural changes that staff believes will enhance the fairness and efficiency of appeal hearings; and WHEREAS, the City Council believes that such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-46. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Appellant shall mean a party-in-interest who has taken an appeal from a board, commission or other decision maker to the City Council by the filing of a notice of appeal. Applicant shall mean the person who or organization which submitted the application to the board, commission or other decision maker whose decision has been appealed. Evidence shall mean any information, whether in verbal, written, graphic or other form, presented at the hearing to support or refute a particular proposition or conclusion. Evidence shall not include argument as to how information offered as evidence should be viewed by the City Council. Final decision shall mean the action of a board, commission or other decision maker by a vote of a majority of its members when no further rehearing is available before such Packet Pg. 115 - 2 - board, commission or other decision maker; provided, however, that a recommendation to the City Council from a board, commission or other decision maker shall not be considered as a final decision of that board, commission or other decision maker. New evidence shall mean any evidence relating to the proposal or application which was the subject of final decision by a board, commission or other decision maker and which was not presented at the hearing before such board, commission or other decision maker. New evidence does not include modifying, highlighting, underlining, italicizing or otherwise emphasizing certain portions of writings or graphics presented to the original decision maker as long as any modified graphic presented to the City Council at the appeal hearing is accompanied by the original graphic. Party-in-interest shall mean a person who or organization which has standing to appeal the final decision of a board, commission or other decision maker. Such standing to appeal shall be limited to the following: (1) The applicant; (2) Any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the board, commission or other decision maker whose action is to be appealed; (3) Any person to whom or organization to which the City mailed notice of the hearing of the board, commission or other decision maker; (4) Any person who or organization which sent provided written comments to the appropriate City staff for delivery to the board, commission or other decision maker prior to or at the action hearing on the matter which is to be appealed; (5) Any person who, or organization which, appeared before the board, commission or other decision maker at the hearing on the action which is to be appealed; (6) The City Council as represented by the request of a single member of the City Council. Sec. 2-47. Certain appeals to be taken to City Council. Appeals taken from decisions made by any of the following boards, commissions or other decision makers shall be taken to the City Council in the manner set forth in this Division: (1) Building Review Board; (2) Fire Board of Appeals; (3) Landmark Preservation Commission; Packet Pg. 116 - 3 - (4) Planning and Zoning Board, except for decisions made under C.R.S. §22-32-124 and C.R.S. §31-23-209; (5) A "decision maker" under the provisions of Section 2.2.12 of the Land Use Code; (6) Water Board; (7) Zoning Board of Appeals. Sec. 2-48. Appeal of final decision permitted; effect of appeal; grounds for appeal. (a) A party-in-interest may appeal to the City Council the final decision of any board, commission or other decision maker to which this appeal procedure applies in the manner provided in this Division. Any action taken in reliance upon any decision of a board, commission or other decision maker that is subject to appeal under the provisions of this Division shall be totally at the risk of the person(s) taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time. (b) Except for appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board, commission or other decision maker committed one (1) or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter. (2) Failure to conduct a fair hearing in that: a. The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter; b. The board, commission or other decision maker substantially ignored its previously established rules of procedure; c. The board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; or d. The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant. e. The board, commission or other decision maker was biased against the appellant by reason of a conflict of interest or other close business, Packet Pg. 117 - 4 - personal or social relationship that interfered with the decision maker’s independence of judgment. (c) Appeals filed by members of the City Council need not include specific grounds for appeal, but shall include a general description of the issues to be considered on appeal. Upon the filing of any such appeal, the director of the affected City service area shall identify the specific Code provisions that may pertain to the issues raised by such appeal and shall provide such information to the City Clerk prior to the date that the notice of hearing on the appeal is to be mailed by the City Clerk to parties-in-interest under § 2-5452. Said information shall then be mailed to the parties-in-interest together with the notice of hearing. Councilmembers who file an appeal may participate in hearing such an appeal in the same manner as they participate in hearing appeals filed by other parties-in-interest. Sec. 2-49. Filing of notice of appeal; no other written materials. (a) An appeal shall be taken by filing a notice of appeal of the final decision of a board, commission or other decision maker to which this Division applies with the City Clerk within fourteen (14) calendar days after the action which is the subject of the appeal. Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all appellants and shall include the following: (1) The action of the board, commission or other decision maker which is the subject of the appeal; (2) The date of such action; (3) The name, address, telephone number and relationship of each appellant to the subject of the action of the board, commission or other decision maker; (4) In all appeals except those filed by members of City Council, the grounds for the appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations; (5) In the case of an appeal alleging under Paragraph 2-48(b)(2)c. that a board, commission or other decision maker considered evidence relevant to its findings that was substantially false or grossly misleading, any new evidence the appellant wishes to submit at the hearing on the appeal in support of this allegation; and (6) In the case of an appeal filed by more than one (1) appellant, the name, address and telephone number of one (1) such appellant who shall be authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants under the provisions of § 2-502; and (7) Any other information required by the City Clerk. Packet Pg. 118 - 5 - (b) No information other than that specified in Subsection (a) above shall be included in or attached to the notice of appeal, nor shall any additional written materials be submitted to or received by the City prior to or during the hearing on an appeal. Sec. 2-50. Review of notice of appeal by City Attorney. Within five (5) working days of the date of the filing of the notice of appeal, the notice shall be reviewed by the City Attorney for any obvious defects in form or substance. The City Clerk shall notify the appellant in writing by certified mail of any such defect in the notice of appeal, which notice shall be mailed no more than seven (7) working days from the date of filing of the notice of appeal. Sec. 2-51. Amended notice of appeal permitted. An amended notice of appeal may be filed by the appellant within fourteen (14) working days after the date of filing of the notice of appeal. Such amended notice of appeal shall contain all of the information required under § 2-49 for the original notice of appeal and, upon filing with the City Clerk, shall supersede the original notice of appeal. Amendments to the notice of appeal need not be limited to those defects, if any, which have been identified by the City Attorney. Sec. 2-5250. Cost of appeal. In all appeals except those filed by members of the City Council, the appellant shall be charged a fee of one hundred dollars ($100.) for the cost of the appeal, to be paid to the City Clerk at the time of the filing of the notice of appeal. Sec. 2-5351. Record on appeal. Any appeal to the City Council shall be an appeal on the record of the hearing before the board, commission or other decision maker. The record provided to the City Council shall include the following: (1) All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the board, commission or other decision maker at the proceedings; (2) A verbatim transcript of such proceedings before the board, commission or other decision maker. The cost of the transcript shall be borne by the City. If a verbatim transcript of the proceedings does not exist and cannot be produced, whether due to an equipment malfunction or clerical error, or for any other reason, the decision that is the subject of the appeal will be re-heard before the decision maker after notice as required by the relevant provisions of this Code or the Land Use Code, whichever is applicable, and the appeal shall be terminated. Packet Pg. 119 - 6 - (3) If available, a videotape recording of such proceedings before the board, commission or other decision maker. The cost of reproducing any such videotape for review by the City Council shall be borne by the City. Additional copies shall be provided to any party-in-interest requesting the same within a reasonable period of time prior to the date for hearing the appeal, at a cost not to exceed the actual reproduction costs incurred by the City. Sec. 2-5452. Scheduling of the hearing. In the event of an appeal, the City Clerk shall schedule the hearing on the appeal for a date as early as reasonably practicable but no more than seventy-five (75) calendar days after the date of filing of the notice of appeal. Written notice of the date, time and place of the hearing shall be mailed by the City Clerk to the appellant and all other parties-in- interest no less than ten (10) calendar days prior to the date of said hearing. Said notice shall also include a copy of the notice of appeal or amended notice of appeal, as applicable, and shall inform the parties-in-interest of the period of time within which additional issues may be identified under § 2-56any new evidence permitted under Subsection 2-55(b)(1) or (2) must be submitted. Sec. 2-553. Site inspection/no ex parte contacts. (a) Councilmembers may inspect the site of an overall development plan, project development plan or other proposal that is the subject of an appeal, either alone or with City staff present, for the purpose of gaining a better understanding of the physical characteristics of the site and the surrounding area, as well as the issues on appeal. If a Councilmember wishes to schedule a site inspection with City staff present, he or she shall, no later than ten (10) days after the filing of the notice of appeal, request that the City Manager schedule such inspection. Upon receipt of such a request, the City Manager shall forthwith schedule the inspection for a date and time when he or she believes that a majority of the Councilmembers wishing to inspect the site will be able to attend. The City Clerk shall, no less than five (5) days prior to the date of the site inspection, mail notice of such inspection to the appellant and to all parties-in-interest to whom notice of the appeal hearing was sent by the City Clerk under Subsection 2-542(a) of this Article. The appellant and all other parties-in-interest shall be entitled to attend such scheduled inspection, along with any members of City staff whose presence is requested by the City Manager. Failure to mail notice to any party-in-interest shall not affect the scheduling or validity of any proceeding held or determination made under this Division. Upon receipt of any notice returned by the U.S. Postal Service marked as undeliverable for any reason, the City Clerk may exclude the party-in-interest to which such notice had been mailed from any future mailings related to the appeal that was the subject of the returned notice. (b) Any Councilmembers conducting a site inspection under the provisions of Subsection (a) above, either alone or with City staff present, shall, at the hearing on the Packet Pg. 120 - 7 - appeal, state on the record any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal. (c) Nothing in this Section shall be construed to authorize any Councilmember or other officer or employee of the City to enter upon any parcel of real property that is not open to the public without the permission of the owner of such property or the permission of such other person or entity as may be lawfully in possession of the property. (d) In order to afford all parties-in-interest a fair opportunity to respond to the information upon which the City Council is to base its decision on appeal, and in order to preserve the impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate in hearing the appeal shall, to the extent reasonably possible, avoid communications with parties-in-interest and members of the general public regarding the merits of the appeal prior to the hearing on the appeal. Sec. 2-564. Procedure at the hearing. (a) At the hearing on the appeal by the City Council, the presentation of argument on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the discretion of the Mayor: (1) Explanation of the nature of the appeal and presentation by City staff; (2) Comments by Councilmembers who have inspected the site pursuant to Subsection 2-553(a); (3) Consideration of any procedural issues identified under Subsection (c) of this Section; (34) Presentation of argument by the appellant and any party-in-interest in support of the appeal; (45) Presentation of argument by any party-in-interest who is an opponent of the appeal; (56) Rebuttal presentation by the appellant and any party-in-interest in support of the appeal; (67) Rebuttal presentation by any party-in-interest who is an opponent of the appeal; (78) Councilmember questions of City staff and parties-in-interest; and (89) Motion, discussion and vote by the City Council. Packet Pg. 121 - 8 - (b) Factors to be considered in determining the period of time for the presentation of argument on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised in the notice of appeal, the length of the record on appeal, the potential impact that the determination of the appeal may have on the community at large and the number of parties-in-interest who wish to address the Council with regard to the merits of the appeal. (c) Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in his or her discretion, establish a separate period of time during which the Council may first consider and determine, by majority vote, any procedural issues related to the hearing of the appeal, including, but not limited to, the possible introduction or exclusion of certain evidence, the period of time to be allowed by the Mayor for presentation of argument on the merits of the appeal and any concerns or objections related to the record on appeal. (d) No person making a presentation to the City Council shall be subject to cross- examination except that members of the City Council and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. (e) In the event of multiple appeals involving the same decision of a board, commission or other decision maker, the Mayor, in his or her discretion, may modify the procedure contained in Subsection (a) above so as to expedite the hearing of such appeals. Sec. 2-575. Written materials; Nnew evidence; scope of review; alternative actions available to the City Council; date of final action. (a) The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter, the grounds for appeal cited in the notice of appeal and the arguments made by parties-in-interest at the hearing on the appeal; provided, however, that issues raised during the presentation of argument but not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal. (b) New evidence shall not be considered on appeal except No written materials related to an appeal, other than the notice of appeal and the record on appeal, shall be presented to the City Council before or during an appeal hearing and no new evidence shall be considered on appeal, except that new evidence in oral or written form may be submitted and considered under the following circumstances: (1) When offered in support of or in opposition to an allegation under Subparagraph 2-48(b)(2)c that a board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; Packet Pg. 122 - 9 - (2) When offered in support of or in opposition to an allegation of bias under Subparagraph 2-48(b)(2)e; (23) When offered by City staff or parties-in-interest in response to questions presented by Councilmembers under Subsection 2-564(a) or (d); (34) When offered by Councilmembers after inspecting the site of the project development plan or other proposal that is the subject of an appeal pursuant to the provisions of § 2-553. (c) Any Nnew evidence permitted under Subsections (b)(1) or (2) above and submitted prior to the hearing or offered at the appeal hearing by City staff or parties-in- interest shall be limited to that whichoffered under Subsection (b)(1) above shall be limited to any new evidence that is either described in the notice of appeal of or offered in response to questions presented by Councilmembers is either: (1) described in the notice of appeal; (2) submitted to the City Clerk in writing at least seven (7) days prior to the appeal hearing by any party-in-interest opposed to the appeal; or (3) provided to the City Council by City staff prior to or during the appeal hearing. (d) Any party-in-interest who believes that new evidence has been improperly introduced into the appeal hearing may, at any time during the hearing, interrupt the proceedings and object to the Council's consideration of such evidence. If such an objection is made, Tthe Mayor shall rule on such the objection, after consultation with the City Attorney if necessary, and the evidence shall either be received and considered by the Council or disregarded by the Council in accordance with the ruling of the Mayor; provided, however, that the Mayor's ruling on this or any other procedural issue raised during the course of the hearing may be overridden by a majority of the Council. The failure of a party-in-interest to make such an objection shall constitute a waiver of the same by that party-in-interest for the purpose of any court appeal of the Council’s decision. (e) In considering an allegation that a board, commission or other decision maker failed to properly interpret and apply the relevant provisions of the Code or Charter asserted under Paragraph 2-48(b)(1), the City Council shall determine how such provisions should, in the City Council's judgment, be applied to the evidence contained in the record on appeal. (f) At the conclusion of such hearing, the City Council shall uphold, overturn or modify the decision of the board, commission or other decision maker; provided, however, that: Packet Pg. 123 - 10 - (1) The City Council shall instead remand the matter for rehearing if it finds that the appellant was denied a fair hearing before the board, commission or other decision maker for any of the reasons stated in Paragraph 2-48(b)(2). (2) The City Council may also remand the matter for rehearing in order for the board, commission or other decision maker to receive and consider additional information with regard to any issue raised on appeal. Any such remand shall include direction from the City Council to the board, commission or other decision maker as to the issues to be considered at the rehearing. (g) No later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. The date of passage of such resolution shall be the date of final action of the City Council for the purpose of any subsequent judicial review of the decision of the City Council. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 124 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 067, 2014, Making Certain Amendments to Chapter 26 of the City Code Pertaining to Electric Rates, Fees and Charges Associated with the Provision of Net-Metered Service. EXECUTIVE SUMMARY The purpose of this item is to allow for certain operational efficiencies to be realized by Utilities for the residential net-metering program without negatively impacting the financial benefits of the program for participants. The current accounting process for net-metering customers is manually-intensive. With the deployment of the advanced metering infrastructure for all residential customers, it is now possible to provide these customers with monthly information on their energy production and to implement an automated monthly settlement process rather than the current annually settled process. In order to ensure that no additional financial burden is placed on existing net-metering customers, it is necessary to make the current implicit credit for distribution facilities charges explicit in the City Code through the current rate Ordinance being presented. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Currently each month, the meter readings for net-metering customers, also called customer-generators who operate solar energy collection equipment on their properties, are manually reviewed to determine if the amount of energy produced by these customers exceeds the amount of energy from the distribution system consumed by these customers. If the amount of energy produced exceeds the amount of energy consumed from the distribution system in a given month, the amount appearing on the customer’s monthly bill is set to zero and the net energy production is tracked in a spreadsheet as a credit to be applied toward the next month’s bill. In addition to this monthly manual review and adjustment to the customer bill, there is an annual settlement process which is also manually performed. The annual settlement results in a credit appearing on the net- metering customer’s next bill after it is manually entered into the billing system. This is administratively burdensome and inefficient, and it is beneficial to the Utility to eliminate these manual processes, if possible. With the ability from the advanced metering infrastructure to track net energy consumption and net energy production on a 15-minute interval basis, it is now possible to eliminate the annual settlement and the monthly manual processes associated with net-metering; corrections can now be automatically made monthly instead. All programmatic changes required to the billing software to accommodate this automation have already been completed and tested. Net-metering customers will see more timely credit for their net energy production with the proposed change. They will also receive information on their monthly utility bill about their net energy production. As described above, the Utility also benefits from this change through the elimination of several manual processes. As such, this change results in no negative financial impact to the net-metering customers. Packet Pg. 125 Agenda Item 10 Item # 10 Page 2 However, because there are some limitations as to how the billing system could be modified, it is not possible to precisely replicate the annual settlement process through a monthly process. In particular, it is not possible to have negative values entered into the billing system as would be the case for net energy production that is greater than net energy consumption. Nor is it possible to meter separately the actual energy production and actual energy consumption with a single meter. Although in any given moment the net-metering customer is either producing more energy than they are consuming or consuming more energy than they are producing, the data extracted from the meter are done so on a 15-minute interval basis. The net energy consumed and net energy produced during each 15-minute interval are tracked separately. The result of tracking the net energy consumed and produced is that, in order to not adversely impact the net- metering customers financially, it is necessary to make explicit the distribution facilities charge credit for these customer-generators, which is currently being given implicitly through the monthly carryover process. The distribution facilities charge in an incremental fee paid by all electric utilities customers to compensate the Utility for ongoing system facilities expenses. The amount of this charge is currently credited back to net metering customers to recognize the lack of impact they have made on the City’s electric system by generating their own power. FINANCIAL / ECONOMIC IMPACTS A small incremental benefit would be seen by net-metering customers through this Ordinance. This issue may need to be revisited in the future as more and more net-metering customers connect to the system and erode the distribution facilities revenue to the Utility. BOARD / COMMISSION RECOMMENDATION At its April 3, 2014 meeting, the Energy Board unanimously recommended adoption of this Ordinance. PUBLIC OUTREACH Notice of the proposed electric rate changes was published in the Coloradoan on April 13, 2014, a mailing was sent to all city electric customers residing outside of the city limits in accordance with state requirements, and was posted to the City Clerk’s website under public notices. ATTACHMENTS 1. Energy Board minutes, April 3, 2014 (draft) (PDF) Packet Pg. 126 DRAFT Energy Board Meeting Minutes April 3, 2014 1 Fort Collins Utilities Energy Board Minutes Thursday, April 3, 2014 Energy Board Chairperson City Council Liaison Greg Behm, 226-6161 Ross Cunniff, 420-7398 Energy Board Vice Chairperson Staff Liaison Peter O’Neill, 288-4562 Steve Catanach, 416-2622 Roll Call Board Present, Vice Chairperson Peter O’Neill, Board Members Nick Michell, Phil Friedman, John Graham, Margaret Moore, Stacey Baumgarn, and Michael Doss Board Absent Chairperson Greg Behm and Board Member Peggy Plate Staff Present Steve Catanach, Angel Anderson, Dennis Sumner, Robin Pierce, Paul Sizemore, Bill Switzer, Cyril Vidergar, Lisa Gardner, John Phelan, Lucinda Smith, Randy Reuscher, Lisa Rosintoski, Guests Fred Kirsch, Michael Pruznick, Paul Davis, and Rick Coen Meeting Convened Vice Chairperson O’Neill called the meeting to order at 5:37 p.m. … Rooftop Solar Net Metering Rate Ordinance (Attachment available upon request) Strategic Financial Planning Manager Lance Smith provided information on a proposed change to City Code related to the management of net metering. With the deployment of advanced metering infrastructure to all residential customers, it is now possible to implement an automated monthly settlement process for customer-generators. In order to ensure that no additional financial burden is placed on existing net-metering customers, it is necessary to make the credit for distribution facilities charges explicit in the City Code. This change will also reduce the administrative burden of manual reviews involved with net metering and provides a more timely credit to the customer-generator. The customer-generator will see a financial credit on the monthly bill which will be applied to other Utility charges. Mr. Smith provided a “right sized” example, i.e. the customer has installed the appropriate amount of photovoltaic production to meet their annual energy consumption (generally). In any given month, the customer may produce excess energy or consume additional energy from the distribution system. With AMI, Utilities can now monitor both excess energy and additional consumption on the distribution system. On a monthly basis, excess energy is “banked” in a spreadsheet. Board discussion: A board member asked for clarification: The buyer of the electricity is paying for the distribution facilities charge. Mr. Smith confirmed that it could not be separated before in the system. ATTACHMENT 1 Packet Pg. 127 Attachment10.1: Energy Board minutes, April 3, 2014 (draft) (Net Metering Ordinance) DRAFT Energy Board Meeting Minutes April 3, 2014 2 If rates change, does staff have to go back to Council? Yes. Going forward, it becomes part of what will be updated on the annual rate ordinance. With consideration of time-of-use rates, could this change again? Yes, in terms of how much we credit to the customer-generator and how we credit the funds. Our philosophy that we wouldn’t increase the charge to the customer-generator will remain consistent. Would a customer be selling and buying at a time-of-use rate? This is something to be discussed, but it would seem reasonable. Mr. Catanach noted that, as new systems come on board, we’re not paying customers for our distribution system. The energy is purchased at the retail rate. The intent for implementing the net metering charges was partially as an incentive, recognizing Council’s values, and Utilities wanting to help facilitate adoption. (Scenario: Customer has photovoltaic [solar] on the roof of a single residence). If the City does not reimburse them for that part of the bill, what does it cost? Mr. Smith noted it would cost about $90 annually. Why would the City not stop reimbursing customer for that fee now? We’re not quite ready and don’t think Council would support it at this time. We set up the current system and manual processes based on the meters we had at the time. Now the volume is larger and growing steadily every year; this is an opportunity to fully automate the process. How many systems are right-sized? Is there a particular adverse effect if not right-sized? There are about 15-20 customers who receive nominal checks each year. Yes, there could be an adverse effect, but we have capped the system size. Motion: Board Member Moore moved that the Energy Board vote to support the adoption of the Net Metering Rate Ordinance as presented here and considered by the City Council on May 6 th , 2014. Roll call vote: Baumgarn – Yes Doss – Yes Friedman – Yes Graham – Yes Michell – Yes Moore - Yes O’Neill – Yes Nays: There were none. The motion passed unanimously. … Adjournment The meeting was adjourned at 9:09 p.m. Submitted by Robin Pierce, Utilities Administrative Services Supervisor, Fort Collins Utilities Approved by the Board on ________________________, 2014 Packet Pg. 128 Attachment10.1: Energy Board minutes, April 3, 2014 (draft) (Net Metering Ordinance) DRAFT Energy Board Meeting Minutes April 3, 2014 3 Signed _______________________________ ______________ Board Secretary Date Packet Pg. 129 Attachment10.1: Energy Board minutes, April 3, 2014 (draft) (Net Metering Ordinance) - 1 - ORDINANCE NO. 067, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ELECTRIC RATES, FEES AND CHARGES ASSOCIATED WITH THE PROVISION OF NET-METERED SERVICE WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, on February 2, 2010, City Council approved Ordinance No. 003, 2010, amending Chapter 26, Article VI of the City Code to allow for the provision of net-metered electric service, and WHEREAS, on September 6, 2011, City Council approved Ordinance No. 079, 2011, amending Chapter 26, Article VI of the City Code to include definitions and details regarding the availability of net metered electric service within the customer rate classes, and WHEREAS, the deployment of advanced metering infrastructure now allows for automated monthly settlement of net-metering residential customers rather than the current manually processed annual settlement; and WHEREAS, such a monthly settlement is not intended to negatively impact the financial benefit received by net-metering customers; and WHEREAS, the Energy Board considered the proposed 2014 electric rates, fees and charges on April 3, 2014, and unanimously recommended approval of the rate changes including a rate adjustment for billings issued for residential net-metering customers; and WHEREAS, the City Manager and staff have recommended to City Council the following electric rate adjustments for all billings issued for residential net-metered customers with meter readings on or after June 1, 2014; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric rates, fees and charges with regard to the provision of net- metered service. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-464(p) of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 130 - 2 - Sec. 26-464. Residential energy service, schedule R. . . . (p) Net-metering. (1) Net-metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net-metering service shall be subject to the monthly rates described above in this rate schedule section. (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility’s distribution system shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer generator has consumed, the customer generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subparagraph (c)(3)a. The energy consumed from the utility by the customer- generator shall be billed at the applicable seasonal tiered rate as outlined in Packet Pg. 131 - 3 - Section 26-464(c) or (d). The energy produced by the customer-generator shall be credited to the customer as follows: 1. Distribution facilities charge, per kilowatt-hour: two and sixty-two one-hundredths cents ($0.0262). 2. The energy and demand credit, per kilowatt-hour: five and eighty- three one-hundredths cents ($0.0583). . . . Section 2. That Section 26-465 (q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD . . . (q) Net-metering. (1) Net-metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net-metering service shall be subject to the monthly rates described above in this rate schedule section. (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility’s distribution system shall be Packet Pg. 132 - 4 - measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subparagraph (c) of this Section. The energy consumed from the utility by the customer-generator shall be billed as outlined in Section 26-464(c). The energy produced by the customer-generator shall be credited to the customer as follows: 1. Distribution facilities charge, per kilowatt-hour: two and sixty-two one-hundredths cents ($0.0262). 2. The energy and demand credit, per kilowatt-hour: five and eighty- three one-hundredths cents ($0.0583). . . . Section 3. That the amendments herein are effective and shall go into effect for all bills issued with meter readings on or after June 1, 2014. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 133 - 5 - Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 134 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 068, 2014, Clarifying Ordinance No. 028, 2014, Relating to Wastewater Rates. EXECUTIVE SUMMARY The purpose of this item is to clarify the City Council’s intent in adopting Ordinance No. 028, 2014, in order to ensure there is no confusion regarding the correct wastewater rates for 2014. Ordinance No. 150, 2013 established new wastewater rates for all customers to be effective January 1, 2014. These rates were implemented as intended for all bills on or after January 1, 2014. Ordinance No. 028 added language to certain sections of the City Code regarding how wastewater rates are charged during construction of multi- family residential developments. Because there is potential for confusion and misrepresentation of the City Council’s intent from the way Ordinance No. 028, 2014, as finally published, represented Section 26-280 of the City Code, this Ordinance is intended to clarify the City Council’s intent and ensure correct codification of the 2014 wastewater rates. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION In the fall of 2013, Ordinance No. 150, 2013 was adopted by the City Council reflecting the rate class specific adjustments resulting from the updated cost of service study and an overall 3% increase in operating revenue for wastewater services effective January 1, 2014. All customer bills generated on or after that date have included the 2014 rates as reflected in Ordinance No. 150, 2013. Ordinance No, 028, 2014, adopted on Second Reading on March 4, 2014 and effective ten days later, added language to Section 26-280 of the City Code in order to state which of the wastewater charges apply to wastewater service provided during the construction of multi-family residential developments. The Ordinance clearly indicated a single sentence to be added to the explanation of the wastewater rate applicable to customer category “C”, clearly delineated and marked on First Reading of the Ordinance, and the City Council’s intent in adopting the Ordinance is clear from the Agenda Item Summary and other related documents and the recitals and other content of the Ordinance. However, the way the Ordinance in its finalized form represented the remainder of Section 26-280 has created confusion as to the Council’s intent related to the table of wastewater service charges. That is because Section 26-280 contains the full table of charges for wastewater service, and that table did not yet reflect the adjustments made effective January 1, 2014 that were enacted in Ordinance No. 150, 2013. This Ordinance has been proposed for adoption in order to ensure that the correct wastewater rates for 2014 are accurately codified, this Ordinance. FINANCIAL / ECONOMIC IMPACTS This Ordinance is necessary to avoid confusion as to 2014 wastewater rates, and ensures that Utility revenues remain at the level anticipated during budgeting. Packet Pg. 135 Agenda Item 11 Item # 11 Page 2 ATTACHMENTS 1. Copy of Agenda Item Summary for Ordinance No. 028, 2014, February 18, 2014 (PDF) 2. Ordinance No. 150, 2013 (DOCX) 3. Ordinance No. 028, 2014 - First Reading (DOCX) Packet Pg. 136 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of Wastewater Rates to Certain Residential Services. EXECUTIVE SUMMARY The purpose of this item is to revise the City Code concerning the classification of wastewater users and to revise rates for wastewater service charges during the period of construction. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Code currently states that wastewater service charges are not applicable during the initial construction period. This provision dates from an earlier practice when water meters were not set until just before the Certificate of Occupancy (CO) was issued and all water service during the construction period was billed as a fixed amount on the building permit, regardless of the length of construction. Ordinance No. 138, 2011 eliminated unmetered construction water rates for all services greater than 1-inch and initiated a monthly water charge for ¾-inch and 1-inch water services. Construction sites requiring the larger meters do not receive water service until the meter is set, at which time it is also appropriate to start billing for wastewater service. However, many of the larger services are needed for multifamily construction and the characteristics of the wastewater during the construction period are more like commercial than multifamily until the CO is issued. The multi-family wastewater rate, which includes a fixed charge for each dwelling unit, would not appropriate during construction. The Ordinance is intended to resolve these inconsistencies. The proposed Code changes are as follows:  Delete the Code provision that states wastewater service charges are not applicable during construction.  Insert a provision that monthly wastewater service rates will commence when the water meter is installed.  Clarify that wastewater services billed on the flat wastewater rate for single family and duplex customers with a well or cistern in lieu of metered water service will commence when the certificate of occupancy is issued.  State that Wastewater user Category D: Minor Residential User applies to multifamily buildings during the construction period prior to the issuance of the certificate of occupancy. ATTACHMENT 1 Packet Pg. 137 Attachment11.1: Copy of Agenda Item Summary for Ordinance No. 028, 2014, February 18, 2014 (Wastewater Rates Correction) Agenda Item 8 Item # 8 Page 2 FINANCIAL / ECONOMIC IMPACT Wastewater charges will be charged earlier in during the construction process to more accurately reflect the level of service provided. The proposed changes do not significantly impact Wastewater revenues. ENVIRONMENTAL IMPACTS This change should not have environmental impacts. BOARD / COMMISSION RECOMMENDATION Staff discussed this issue with the Water Board Chair. It was agreed that this is an operational issue that does not rise to the Policy level for the Water Board to review. PUBLIC OUTREACH All charges are explained to the owners and contractors when permits are issued. Packet Pg. 138 Attachment11.1: Copy of Agenda Item Summary for Ordinance No. 028, 2014, February 18, 2014 (Wastewater Rates Correction) The original rate Ordinance setting 2014 rates which was adopted November 22, 2013 The 2014 rates as intended to be established by this Ordinance Packet Pg. 139 Attachment11.2: Ordinance No. 150, 2013 (Wastewater Rates Correction) Packet Pg. 140 Attachment11.2: Ordinance No. 150, 2013 (Wastewater Rates Correction) Packet Pg. 141 Attachment11.2: Ordinance No. 150, 2013 (Wastewater Rates Correction) Packet Pg. 142 Attachment11.2: Ordinance No. 150, 2013 (Wastewater Rates Correction) - 1 - ORDINANCE NO. 028, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE APPLICATION OF WASTEWATER RATES TO CERTAIN RESIDENTIAL SERVICES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, City Code Section 26-277 further requires that the user rates be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, the City Code does not currently specify the wastewater rates applicable to multi-family residential units during the time they are under construction; and WHEREAS, the City Manager has recommended that the City Council amend Chapter 26 of the City Code to specify that the rates applicable to minor nonresidential users apply to multi-family units until a certificate of occupancy has been issued for the units; and WHEREAS, the City Council has determined that it desires to enact the recommended rate as specified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-278(4) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-278. Classification of users. . . . (4) Category D: Minor nonresidential user. A minor nonresidential user is a user who discharges only wastes of a type and strength normally discharged by private residences. Category D shall also apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. All nonresidential users not subject to the provisions of Categories C, E and F shall be classed as minor nonresidential users in Category D. This sentence was added to establish the new multifamily unit construction rate. Packet Pg. 143 Attachment11.3: Ordinance No. 028, 2014 - First Reading (Wastewater Rates Correction) - 2 - . . . Section 2. That Section 26-279(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-279. Service charges; categories. . . . (b) Service charges are not applicable during the original construction period of the building or structure to be served. At the time a certificate of occupancy is issued for the building or structure, the charges will begin to be assessed and will continue until the water service is disconnected.For wastewater services with metered water service, monthly service charges shall commence at the time the water meter is installed and continue until the water service is disconnected. For single family and duplex flat wastewater services, monthly service charges shall commence at the time the certificate of occupancy is issued for the building or structure and continue until the sewer service is disconnected from the City’s system. . . . Section 3. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) $33.74 per month Single-family residential user (metered water use) $15.07 per month plus $2.929 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single- family customers who have not established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed. B Duplex (two- family) residential users (flat rate) $52.68 per month Duplex (two- family) residential users (metered water use) $19.52 per month plus $2.929 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall This paragraph was rewritten to clarify when and where monthly service charges apply. Packet Pg. 144 Attachment11.3: Ordinance No. 028, 2014 - First Reading (Wastewater Rates Correction) - 3 - be billed. C Multi-family residential user (more than two dwelling units including mobile home parks) and winter quarter based nonresidential user $2.929 per 1,000 gallons of winter quarter water use, plus a base charge of $2.30 per month per dwelling unit served. For multi- family customers who have not established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. D Minor nonresidential user $2.929 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) Base charge ¾ or smaller $ 8.46 1 19.52 1½ 39.28 2 67.21 3 107.38 4 169.59 6 743.42 8 858.38 E and F Intermediate nonresidential user and Significant industrial user $2.929 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $3.029 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.523 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.593 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $4.716 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall - 4 - Size of water meter (inches) Base charge ¾ or smaller $ 8.46 1 19.52 1½ 39.28 2 67.21 3 107.38 4 169.59 6 743.42 8 858.38 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 4. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all wastewater service provided after the effective date of this Ordinance. Introduced and considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. ______________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2014. ______________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 146 Attachment11.3: Ordinance No. 028, 2014 - First Reading (Wastewater Rates Correction) - 1 - ORDINANCE NO. 068, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS CLARIFYING ORDINANCE NO. 028, 2014, RELATING TO WASTEWATER RATES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, City Code Section 26-277 further requires that the user rates be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, on October 15, 2013, the City Council adopted on second reading Ordinance No. 150, 2013, amending Section 26-280 and Section 26-283 of the City Code to set wastewater rates for 2014, effective January 1, 2014; and WHEREAS, on February 18, 2014, the City Council adopted on first reading Ordinance No. 028, 2014, amending the City Code to specify the wastewater rates applicable to multi- family units until a certificate of occupancy has been issued for the units; and WHEREAS, Ordinance No. 028 added language to Section 26-278, Section 26-279 and Section 26-280, and in particular revised Section 26-280 by the addition of a sentence at the end of the explanation of the rate applicable to customer category “C” (Multi-family residential user); and WHEREAS, although the revision to Section 26-280 was clearly marked in Ordinance No. 028 on first reading, the remainder of Section 26-280 as shown on second reading of the Ordinance on March 4, 2014, erroneously misstated the wastewater rates as those that were in effect prior to the adoption of Ordinance No. 150, 2013; and WHEREAS, although the City Council’s purpose and intended revision to Section 26- 280 are unambiguous, the codification of Ordinance No. 028, without clear direction to the codifiers from the City Council, could result in an erroneous change to the City’s wastewater rates; and WHEREAS, in light of the foregoing, it is the City Council’s desire to clearly state and reaffirm the wastewater rates for 2014, as provided in Ordinance No. 150, 2014, together with the intended additional language set forth in Ordinance No. 028, as set forth herein. Packet Pg. 147 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby clarifies and reaffirms its intent in the adoption of Ordinance No. 028, 2014, to modify Section 26-280 only by the addition of a single new sentence clarifying multi-family rates, and hereby ratifies any action taken by any officers or employees of the City pursuant to Ordinance No. 150, 2014. Section 2. That it is the intent of the City Council that Section 26-280 of the Code of the City of Fort Collins shall read and, to the extent necessary is hereby amended nunc pro tunc March 4, 2014, to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) $33.7436.29 per month Single-family residential user (metered water use) $15.0716.21 per month plus $2.9293.150 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single- family customers who have not established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed. B Duplex (two- family) residential users (flat rate) $52.6849.71 per month Duplex (two- family) residential users (metered water use) $19.5218.42 per month plus $2.9292.764 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed. C Multi-family residential user (more than two dwelling units including mobile home $2.9293.051 per 1,000 gallons of winter quarter water use, plus a base charge of $2.302.40 per month per dwelling unit served. For multi-family customers who have not established a winter quarter water use at the service address, a system average of 3,400 Packet Pg. 148 - 3 - parks) and winter quarter based nonresidential user gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. D Minor nonresidential user $2.9292.823 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) Base charge ¾ or smaller $ 8.468.15 1 19.5218.81 1½ 39.2837.85 2 67.2164.77 3 107.38103.48 4 169.59163.43 6 743.42716.42 8 858.38827.20 E and F Intermediate nonresidential user and Significant industrial user $2.9292.823 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $3.0293.120 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.5232.599 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.5931.641 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $4.7164.857 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below: Size of water meter (inches) Base charge ¾ or smaller $ 8.468.15 1 19.5218.81 1½ 39.2837.85 2 67.2164.77 3 107.38103.48 Packet Pg. 149 - 4 - 4 169.59163.43 6 743.42716.42 8 858.38827.20 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 150 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Roger Buffington, Water Utility Development Review Manager SUBJECT Items Related to Common Private Service Lines for Water and Wastewater Service. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 069, 2014, Amending Article III of Chapter 26 of the City Code to Allow Common Private Service Lines for Water Service in Certain Circumstances. B. First Reading of Ordinance No. 070, 2014, Amending Article IV of Chapter 26 of the City Code to Allow Common Private Service Lines for Wastewater Service in Certain Circumstances. The purpose of this item is to amend Chapter 26 of the City Code to revise the requirements for how separate water and sewer services are provided to individual properties. The City Code currently requires each individual single family dwelling to connect directly to a City water or sewer main. Current high density development practices can create situations of multiple long service lines underground congesting the provided easements through the entire green space of a property and impacting the ability to plant trees or install other surface features. Ordinance No. 069, 2014, would allow for a “Common Private Water Service Line” that is owned and maintained by a homeowner’s association, or other legal entity, and serve up to 6 individual properties. Ordinance No. 070, 2014, would allow for a “Common Private Wastewater Service Line” that is owned and maintained by a homeowner’s association, or other legal entity, and serve up to 6 individual properties. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Code presently requires that each building have separate water and sewer services. For developments with higher densities such as townhome or condominium buildings in which each unit is owned by a separate entity, this requirement creates extremely congested “utility corridors”. The extension of a City-owned service line is an option, but would require an easement dedication to the City and could add a significant of difficult to access infrastructure to the City system. It is not uncommon in current national development practices for a common legal entity, such as a home owner’s association, to take on the responsibility for commonly owned infrastructure that benefits its members. Therefore, the preferred alternative requested by most developers in recent years is to modify Chapter 26 of the City Code to include the following exception for water and sewer service: Packet Pg. 151 Agenda Item 12 Item # 12 Page 2 Notwithstanding the provisions requiring individual service lines for each building, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single service line, provided that each of the following requirements is met: 1. The properties are single-family attached dwellings on separate platted lots as defined in the Land Use Code. 2. The combined water use of the properties shall not exceed the capacity of the common private service line. 3. No more than six (6) single-family attached dwellings shall be connected to a common private service line. 4. The common private service line shall include a separate branch line to each single-family attached property that includes a curb stop meeting the requirements in the City Development Construction Standards. These private service curb stops must be exterior to the dwellings, within a utility easement and readily accessible and operable by City personnel. The private service curb stop shall be the City’s control point for that single- family attached dwelling. 5. The common private service line beyond the City curb stop and all branch service lines including the private service curb stops shall be owned and maintained by a legal entity representing all of owners of the properties served by the common private service line, such as a homeowner’s association. 6. A written declaration of covenants in a form satisfactory to Utilities shall be recorded against the title to each and every property served by a common private service line imposing responsibility for operation, maintenance, repair and replacement of the common private service line and establishing the right of the City to recover any costs incurred by the City in the event of a failure by the responsible parties to carry out those obligations. FINANCIAL / ECONOMIC IMPACTS The proposed changes to the City Code would provide an option for water and sewer service to high density individually owned properties. The City would still development fees, such as plant investment fees, commensurate with the service provided. In addition, this option would reduce the amount of small individual service infrastructure required for the development. ENVIRONMENTAL IMPACTS This revision to the City Code would help maintain the longevity of the street improvements in the neighborhoods as well as reducing the constraints on vegetation plantings by shrinking the area taken up by multiple underground utilities. BOARD / COMMISSION RECOMMENDATION At its April 17, 2014 meeting, the Water Board expressed unanimous support for the change. PUBLIC OUTREACH During the past several years, the Water Utility has received a number of requests and input from developers, property owners, and contractors through the Conceptual Review process and other contacts requesting alternative development construction standards that address this issue. This proposal is in response to this public request and interest. ATTACHMENTS 1. Water Board Minutes, April 17, 2014 (draft) (DOCX) Packet Pg. 152 Excerpt from Unapproved Water Board Minutes, April 17, 2014 1 Code Change to Allow Private Common Service Lines for Water and Wastewater (Attachments available upon request). Water Engineering and Field Services Operations Manager Jon Haukaas presented information on this item. Staff recommends amending Chapter 26 of the City Code to revise the requirements for how separate water and sewer services are provided to individual properties. The current code requires individual service lines for each building. The proposed change would allow for a “Common Private Service Line” that would be owned and maintained by a Homeowner’s Association (HOA) and could serve up to 6 individual properties. Mr. Haukaas showed diagrams for the different options: Multiple service lines as currently defined in the City Code Extension of City-Owned Mains “Common Private Service Lines” owned and maintained by a common legal entity such as a HOA Proposed Code Language Change the conditions under which the Executive Director may authorize multiple services: City separation valve at the right of way line Limit of 6 single family attached dwellings Separate shut off valves outside (curb stops) The common private service line beyond the City curb stop and all branch service lines including the private service curb stops shall be owned and maintained by the HOA. Staff supports this proposed code change, especially with the increase of higher-density developments in Fort Collins. Highlights from the discussion: A board member inquired if staff has considered line diameter and length and the impact of residual chlorine. Mr. Haukaas stated this can be designed for based on the number of service lines required. A board member inquired about the conversion of an apartment building to condos and the potential change to the infrastructure. Mr. Haukaas referred to City Code Section 26- 94 requiring individual service lines for each building. No subsequent division of ownership shall be permitted until separate service lines have been installed to each building. A board member inquired about the typical number of service lines in Fort Collins. Mr. Haukaas stated this is typically driven by the lot size. A board member inquired about the possibility of using this approach for detached dwellings. Mr. Haukaas stated this would require additional land-use controls. A board member inquired about the advantage of increasing the number from 6 to 8 individual properties. Mr. Haukaas stated staff feels 6 is a manageable number. A board member inquired how HOAs deal with failures. Mr. Haukaas stated HOA management has to make decisions regarding this in each particular situation. Annual HOA dues can cover this type of event, or a special assessment may be required. Packet Pg. 153 Attachment12.1: Water Board Minutes, April 17, 2014 (draft) (Common Private Service Lines) Excerpt from Unapproved Water Board Minutes, April 17, 2014 2 Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Eccleston moved that the Water Board recommend that City Council approve an ordinance amending Chapter 26 of the City Code to revise the requirements for how separate water and sewer services are provided to individual properties. Board Member Ortman seconded the motion. Packet Pg. 154 Attachment12.1: Water Board Minutes, April 17, 2014 (draft) (Common Private Service Lines) - 1 - ORDINANCE NO. 069, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW COMMON PRIVATE SERVICE LINES FOR WATER SERVICE IN CERTAIN CIRCUMSTANCES WHEREAS, Article III of Chapter 26 of the Code of the City of Fort Collins (“City Code”) governs the requirements and conditions for water service from the City’s Wastewater Utility; and WHEREAS, Section 26-94 of the City Code requires that each residential service property have an individual service line attached to a City main; and WHEREAS, in certain conditions, the allowance of a shared private service line to serve multiple residential properties is beneficial in order to reduce underground congestion of service lines and to facilitate the planting of trees and other landscaping in green spaces above the service lines; and WHEREAS, City staff has developed certain conditions intended to protect the City and ensure ongoing operation and maintenance of common private service lines, as described below, including revisions to Section 26-94 and other related City Code provisions; and WHEREAS, the Water Board considered the proposed amendment of the City Code to allow common private service lines on April 17, 2014, and voted unanimously to recommend approval of such an amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-94 of the Code of the City of Fort Collins is hereby amended by the addition of a new Subsection (c) which reads in its entirety as follows: Sec. 26-94. Individual service lines for each building required. (c) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private water service line, provided that: (1) The properties to be served by the line must be single-family attached dwellings on separate platted lots as defined in the Land Use Code. (2) The combined water use of the properties may not exceed the capacity of the line. Packet Pg. 155 - 2 - (3) No more than six (6) single-family attached dwellings may be connected to a line. (4) The line must include a separate branch line to each single-family attached property, and each branch line must include a curb stop that meets the requirements of the City Development Construction Standards. These private service curb stops must be exterior to the dwellings, within a utility easement that has been conveyed to the City, and readily accessible and operable by City personnel. The private service curb stop shall be the City’s control point for that single-family attached dwelling. (5) The line beyond the City curb stop and all branch service lines including the private service curb stops must be owned, operated, maintained, repaired and replaced, as needed, by a legal entity representing all of the owners of the properties served by the line. (6) A written declaration of covenants in a form satisfactory to the Utilities Executive Director must be recorded against the title to each and every property served by a common private sewer service line imposing upon said property the responsibility for operation, maintenance, repair and replacement of the line, and establishing the right of the City to recover any costs incurred by the City in the event of a failure to satisfactorily complete any such operation, maintenance, repair or replacement of the line. If the Utilities Executive Director determines that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Subsection (c)(6) of this Section imposing shared responsibility for operation, maintenance, repair and replacement of the common private service line shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder. Section 2. That Section 26-95 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-95. Installation and maintenance of service lines; user responsibilities; liability. (a) Installation. All costs and expenses incidental to the installation and connection of a water service line, including but not limited to a common private water service line, shall be borne by the applicant for a water service permit who shall retain or employ a licensed contractor or plumber to install a service line. For the installation of that portion of theany service line within the public right-of-way or street, the contractor or plumber shall also be licensed by the City under Article XI of this Chapter. The utility may install the portion of the service line from the main to the curb stop upon payment of a tap charge by the applicant. The applicant is responsible for restoring streets, sidewalks, Packet Pg. 156 - 3 - parkways and other property disturbed in the course of the work to acceptable City standards after the connection is made. . . . (c) Liability. The City is not responsible for any loss or damage caused by negligence or want of care on the part of the owner or the contractor or agent in installing, maintaining, using or operating private service lines and private water pipes, apparatus, appliances or fixtures, including, but not limited to, any common private water service line. The owner of, and owner of property served by, such lines, pipes, apparatus, appliances or fixtures, shall hold the City harmless from any loss or damage that may directly or indirectly be occasioned by the installation or malfunction of any private service line or apparatus. The owner is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters, and other public infrastructure, damaged by the settling of service line trenches within such owner's property. The owner of, and owner of property served by, a common private water service line is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters, and other public infrastructure damaged by the settling of any trench of such common private water service line. (d) Permission required. No alteration of, addition to or disconnection from any waterpipes or apparatus of the City water system, and no alteration of, addition to, or disconnection from any common private water service line connected to the City water system, shall be made without prior written permission of the Utilities Executive Director. . . . Section 3. That Section 26-96 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-96. Maintenance responsibility of utility. The utility shall maintain all public water facilities and mains, public service lines, fire hydrants, other public system appurtenances and water meters. However, if the portion of the service line in use between the water main and the curb stop is made of materials other than copper or ductile iron, then the entire service line will be deemed to be a private main of the premises serviced by the line and the City will not be responsible for any part of its maintenance until such time as the line is replaced with conforming materials pursuant to Subsection 26-97(a) and any regulations promulgated thereunder. The utility is not responsible for maintenance of common private water service lines. Section 4. That Section 26-97 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 157 - 4 - Sec. 26-97. Water service lines; general regulations. (a) Specifications, design and construction. The design, number, location, depth and size of all service lines, including but not limited to common private water service lines, shall be subject to the approval of the Utilities Executive Director. The size, depth, alignment and materials of construction of a such service line and the methods to be used in excavating, placing of the pipe, jointing and testing and backfilling the trench and all other work shall conform to the Water Utilities Development Construction Standards adopted pursuant to § 26-29 and the requirements of the building and plumbing codes or other applicable codes, laws, rules and regulations of federal, state and local entities. In the event of a conflict, the Water Utilities Development Construction Standards shall control. All work concerning the installation or repair of service lines and their appurtenances, including but not limited to any common private water service line, is subject to inspection by the City. (b) Connection specifications. The connection of the service line to the public water system, or to a common private water service line, shall conform to the specifications and regulations of the City, including, but not limited to the Water Utilities Development Construction Standards adopted pursuant to § 26-29, and shall only be made by or under the supervision of the Utilities Executive Director. All such connections shall be made watertight. (c) Materials. In the case where the service line between the water main and the premises has been deemed a private main because it is made of materials other than ductile iron or copper, it shall be replaced by copper or ductile iron lines at the expense of the user when in the opinion of the Utilities Executive Director such line has become so disintegrated as to be unfit for further use. Once such a line has been replaced with the required materials, it becomes part of the water utility and the utility will assume the maintenance of the service line between the water main and the curb stop the same as for any public service line. This provision shall not apply to a common private water service line. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 158 - 5 - Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 159 - 1 - ORDINANCE NO. 070, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW COMMON PRIVATE SERVICE LINES FOR WASTEWATER SERVICE IN CERTAIN CIRCUMSTANCES WHEREAS, Article IV of Chapter 26 of the Code of the City of Fort Collins (“City Code”) governs the requirements and conditions for wastewater service from the City’s Wastewater Utility; and WHEREAS, Section 26-256 of the City Code requires that each residential service property have an individual service line attached to a City main; and WHEREAS, in certain conditions, the allowance of a shared private service line to serve multiple residential properties is beneficial in order to reduce underground congestion of service lines and to facilitate the planting of trees and other landscaping in green spaces above the service lines; and WHEREAS, City staff has developed certain conditions intended to protect the City and ensure ongoing operation and maintenance of common private service lines, as described below; and WHEREAS, the Water Board considered the proposed amendment of the City Code to allow common private service lines on April 17, 2014, and voted unanimously to recommend approval of such an amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 26-256 of the Code of the City of Fort Collins is hereby amended by the addition of a new Subsection (c) which reads in its entirety as follows: Sec. 26-256. Individual service lines for each building required. . . . (c) Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private sewer service line, provided that: (1) The properties to be served by the line must be single-family attached dwellings on separate platted lots as defined in the Land Use Code. (2) The combined wastewater flow from the properties may not exceed the capacity of the line. Packet Pg. 160 - 2 - (3) No more than six (6) single-family attached dwellings may be connected to the line. (4) The line must include a separate branch line to each single-family attached property, and each branch line must include a clean-out that meets the requirements of the City Plumbing Code. (5) The line connecting to the City sewer main and all branch service lines must be owned, operated, maintained, repaired and replaced, as needed, by a legal entity representing all of the owners of the properties served by the line. (6) A written declaration of covenants in a form satisfactory to the Utilities Executive Director must be recorded against the title to each and every property served by a common private sewer service line imposing upon said property the responsibility for operation, maintenance, repair and replacement of the line, and establishing the right of the City to recover any costs incurred by the City in the event of a failure to satisfactorily complete any such operation, maintenance, repair or replacement of the line. If the Utilities Executive Director determines that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Subsection (c)(6) of this Section imposing shared responsibility for operation, maintenance, repair and replacement of the common private service line shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 161 - 3 - Passed and adopted on final reading on this 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 162 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 071, 2014, Vacating Portions of Ziegler Road as Dedicated in Book R at Page 118 of the Larimer County records. EXECUTIVE SUMMARY The purpose of this item is to vacate the portions of Ziegler Road right-of-way that are no longer necessary or desirable to retain for public street purposes. The portions to be vacated are those portions that were dedicated in 1882 and not rededicated with the Fossil Lake PUD First Filing plat and are portions of right-of- way that are not needed for the existing street system. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1882, a 60-foot right-of-way for Ziegler Road was dedicated to Larimer County (thirty feet on each side of the section line). In 1999, when the Fossil Lake PUD First Filing plat, which platted the land along the east side of the section line, was approved by the County and filed, this plat did not show the existing Ziegler Road right-of-way and only platted the right-of-way for Ziegler Road that was needed, based on the street layout approved with that project. The area of this subdivision, including the Ziegler Road right-of-way proposed for vacation, was annexed into the City in March 2002. The discrepancy between the right-of-way dedicated in 1882 and the right-of-way dedicated in 1999 was recently brought to the City’s attention. Because the right-of-way dedicated in 1882 still fully exists, there are several outlots and parcels that have right-of-way crossing them. The east side of Ziegler Road adjacent to this subdivision has been constructed (existing curb, gutter, parkway and sidewalk), and the City does not see this changing. Therefore the additional right-of-way behind the existing sidewalk is not needed. Due to the existence of Fossil Lake Reservoir, and the approved development plans in the area, Ziegler Road will not extend south of Rock Park Drive so this existing right-of-way is not needed. Utility and Drainage easements as identified on the plat will be retained as identified in the Ordinance across all the outlots and parcels, except across Tract B, which is owned by the City. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed. FINANCIAL / ECONOMIC IMPACTS There are no financial impacts due to the vacation of this portion of right-of-way. Packet Pg. 163 Agenda Item 13 Item # 13 Page 2 ENVIRONMENTAL IMPACTS There will be no change to the land if these portions of right-of-way are vacated so there is no environmental impact. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners and feedback was received. ATTACHMENTS 1. Location map (PDF) Packet Pg. 164 Packet Pg. 165 Attachment13.1: Location map (Vacation of Portions of Ziegler Road Right-of-way) - 1 - ORDINANCE NO. 071, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF ZIEGLER ROAD AS DEDICATED IN BOOK R AT PAGE 118 OF THE LARIMER COUNTY RECORDS WHEREAS, Book R, Page 118 of the Larimer County Records contains a dedication to the public of right-of-way for Ziegler Road; and WHEREAS, portions of that right-of-way are no longer necessary or desirable to retain for street purposes and City staff is recommending that said portions be vacated; and WHEREAS, City agencies, private utility companies, and affected property owners have been contacted and have reported no objection to the proposed vacation, provided that a utility easement and drainage easement is reserved by the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that those certain portions of the Ziegler Road street right-of-way described on Exhibit "A", attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, reserving utility and drainage easements unto the City as more particularly described on Exhibit “B”, provided however, that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 166 - 2 - Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 167 Packet Pg. 168 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 169 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 170 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 171 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 172 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 173 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 174 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 175 Attachment1: Exhibit A (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 176 Attachment2: Exhibit B (Vacation of Portions of Ziegler Road Right-of-way - ORD) Packet Pg. 177 Attachment2: Exhibit B (Vacation of Portions of Ziegler Road Right-of-way - ORD) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Andrew Gingerich, Civil Engineer SUBJECT First Reading of Ordinance No. 072, 2014 Vacating Right-of-Way as Dedicated on the Final Plats of Waterfield P.U.D. First Filing and Waterfield P.U.D. Second Filing. EXECUTIVE SUMMARY The purpose of this item is to vacate portions of right-of-way within Waterfield PUD First and Second Filings that are no longer necessary or desirable to retain for street purposes. These locations are being replatted as Waterfield Third Filing and proposing new rights-of-way to be dedicated, which was approved through an Administrative Hearing on February 11, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1999, the Final Plat of Waterfield PUD First Filing, located northwest of Vine Drive and Timberline Road, platted lots for single family residential, a tract for Multi-family (Bull Run Apartments), and dedicated additional right-of-way for Vine Drive and Timberline Road, as well as internal streets Merganser Drive, Garganey Drive, Bufflehead Court, Black Scoter Court and Goslyn Court. Public Improvements for Waterfield PUD First Filing were not completed, and the project has expired. In 2000, the Final Plat for Waterfield PUD Second Filing, located northwest of Vine Drive and Merganser Drive, platted lots for single family residential, tracts for public parks, a future school site, and dedicated additional right-of-way for Vine Drive, as well as internal streets County Road 11 (Turnberry Road), Conifer Street, Garganey Street, Mandarin Drive, Mandarin Court, Cape Teal Drive, Rosybill Drive, Shearwater Drive, Muscovy Drive and Aleutian Drive. Public Improvements for Waterfield PUD Second Filing were not completed, and the project has expired. A proposed subdivision, Waterfield Third Filing intends to replat portions of Waterfield PUD First Filing, and all of Waterfield PUD Second Filing, which was approved through Administrative Hearing on February 11, 2014. Between the expiration of the existing filings, and the proposed third filing, the City adopted the Master Street Plan that showed the new alignment of “New Vine Drive,” which bisects proposed Waterfield Third Filing. This has caused the realignment of existing rights-of-way to meet the needs of the newly proposed streets. Additionally, the Master Street Plan has removed County Road 11 (Turnberry Drive), downgraded existing Vine Drive, and realigned portions of Timberline Road adjacent to the project, which has allowed for portions of these rights-of-way to be vacated. Portions of the rights-of-way to be vacated will be retained as utility easements, as explained on the attached ordinance and shown on the exhibits. Packet Pg. 178 Agenda Item 14 Item # 14 Page 2 FINANCIAL / ECONOMIC IMPACTS There are no financial impacts to the vacation of this portion of right-of-way. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right-of-way. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments, and adjacent property owners. The adjacent property owner to the west was contacted and notified through a meeting with their attorney, City staff, and the applicant that requested the vacation. The applicant is the only other adjacent property owner. ATTACHMENTS 1. Vicinity Map (PDF) Packet Pg. 179 Packet Pg. 180 Attachment14.1: Vicinity Map (Waterfield First and Second Filing Right of Way Vacation) Packet Pg. 181 Attachment14.1: Vicinity Map (Waterfield First and Second Filing Right of Way Vacation) - 1 - ORDINANCE NO. 072, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING RIGHT-OF-WAY AS DEDICATED ON THE FINAL PLATS OF WATERFIELD P.U.D. FIRST FILING AND WATERFIELD P.U.D. SECOND FILING WHEREAS, the plats of Waterfield P.U.D. First Filing and Waterfield P.U.D. Second Filing included dedication to the public of right-of-way for Timberline Road, Vine Drive, Merganser Drive, Garganey Drive, Bufflehead Court, Black Scoter Court, Goslyn Court, Aleutian Drive, Muscovy Drive, Shearwater Drive, Rosybill Drive, Cape Teal Drive, Mandarin Drive, Mandarin Court, and Turnberry Road; and WHEREAS, Parker Land Investments, LLC, has requested that the City vacate portions of these rights-of-way; and WHEREAS, said portions of rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that a utility easement is reserved unto the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that certain portions of the rights-of-way for Timberline Road, Turnberry Road, Vine Drive, and Merganser Drive as more particularly described on Exhibits “A”, “B”, “C”, “D”, and “E” attached hereto and incorporated herein by this reference; and that the rights- of-way for Garganey Drive, Bufflehead Court, Black Scoter Court, Goslyn Court, Aleutian Drive, Muscovy Drive, Shearwater Drive, Rosybill Drive, Cape Teal Drive, Mandarin Drive and Mandarin Court as more particularly described on Exhibit "C", are hereby vacated, abated and abolished, reserving utility easements unto the City as more particularly described on Exhibits “F”, “G”, “H”, and “I” provided however, that: 1) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; and 2) this Ordinance shall be recorded concurrently with the subdivision plat for the development known as “Waterfield Third Filing”. Packet Pg. 182 - 2 - Introduced and considered favorably on first reading and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 183 Exhibit A DESCRIPTION: VACATING A PORTION OF COUNTY ROAD 11 (TURNBERRY ROAD) AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D., SECOND FILING A Right-of-Way vacation being a portion of County Road 11 (Turnberry Road) located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the West line of the Northwest Quarter of said Section 5 as bearing North 00°25’55” East, and with all bearing contained herein relative thereto: Commencing at the West Quarter Corner of said Section 5; thence along the West line of said Northwest Quarter, North 00°25’55” East, 88.29 feet to the POINT OF BEGINNING; thence continuing along said West line, North 00° 25' 55" East,471.32 feet to a point on the North line of Waterfield P.U.D., Second Filing; thence departing said West line and along said North line, South 52° 37' 49" East,70.06 feet; thence departing said North line, South 00° 25' 55" West, 413.68 feet; thence along a curve concave to the northeast having a central angle of 90° 25' 53" with a radius of 15.00 feet, an arc length of 23.67 feet and the chord of which bears South 44° 47' 10" East, 21.29 feet; thence along a non-tangent line, South 89° 59' 36" West, 71.11 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 25,252 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Turnberry.docx Packet Pg. 184 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) RIGHT-OF-WAY VACATION 25,252 sq.ft. 0.58 ac R=15.00' L=23.67' ǻ=90°25'53" Dir=S44°47'10"E Chord=21.29' POINT OF COMMENCEMENT WEST 1 4 CORNER SECTION 5-7-68 2-1/2" ALUMINUM CAP, LS 17662 WATERFIELD P.U.D. SECOND FILING POINT OF BEGINNING N00°25'55"E 88.29' COUNTY ROAD 11 (TURNBERRY ROAD) CONIFER STREET S89°59'36"W 71.11' N00°25'55"E 471.32' S52°37'49"E 70.06' S00°25'55"W 413.68' WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST N00°25'55"E (BASIS OF BEARING) NORTH LINE OF WATERFIELD P.U.D. SECOND FILING NORTHWEST SECTION CORNER S5,T7N,R68 3" ALUMINUM CAP IN MONUMENT BOX PLS 20133 EXHIBIT A VACATED RIGHT-OF-WAY BEING A PORTION OF COUNTY ROAD 11 (TURNBERRY ROAD), SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 185 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit B DESCRIPTION: VACATING A PORTION OF COUNTY ROAD 11 (TURNBERRY ROAD) AND A PORTION OF VINE DRIVE AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. SECOND FILING A Right-of-Way vacation being a portion of County Road 11 (Turnberry Road) and a portion of Vine Drive located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the South line of the Southwest Quarter of said Section 5 as bearing South 89° 11’ 26” East, and with all bearing contained herein relative thereto: Commencing at the Southwest Corner of said Section 5; thence along the South line of said Southwest Quarter, South 89° 11’ 26” East, 50.67 feet; thence departing said South line, North 00° 25’ 55” East, 36.00 feet to the POINT OF BEGINNING; thence, North 00° 25' 55" East,49.00 feet; thence, South 89° 11' 31" East, 16.40 feet; thence along a curve concave to the northwest having a central angle of 90° 47' 45" with a radius of 15.00 feet, an arc length of 23.77 feet and the chord of which bears North 45° 24' 17" East, 21.36 feet; thence, North 00° 00' 00" East, 154.96 feet; thence along a curve concave to the west having a central angle of 12° 28' 36" with a radius of 1033.00 feet, an arc length of 224.94 feet and the chord of which bears North 06° 14' 18" West, 224.50 feet; thence, North 12° 28' 37" West, 244.71 feet; thence along a curve concave to the northeast having a central angle of 00° 05' 03" with a radius of 1117.00 feet, an arc length of 1.64 feet and the chord of which bears North 12° 26' 05" West, 1.64 feet to a point on the West line of said Southwest Quarter of Section 5; thence along said West line, North 00° 25' 55" East,42.12 feet; thence departing said West line, South 89° 39' 41" East, 76.76 feet; thence along a non-tangent curve concave to the east having a central angle of 01° 22' 19" with a radius of 1032.00 feet, an arc length of 24.71 feet and the chord of which bears South 11° 47' 27" East, 24.71 feet; thence, South 12° 28' 37" East, 245.65 feet; thence along a curve concave to the west having a central angle of 12° 28' 37" with a radius of 1117.00 feet, an arc length of 243.24 feet and the chord of which bears South 06° 14' 18" East, 242.76 feet; thence, South 00° 00' 00" East, 156.57 feet; thence along a curve concave to the northeast having a central angle of 89° 10' 31" with a radius of 15.00 feet, an arc length of 23.35 feet and the chord of which bears South 44° 35' 43" East, 21.06 feet; thence, South 89° 11' 26" East,1295.08 feet; thence, South 00° 48' 34" West,49.00 feet; thence, North 89° 11' 26" West, 1425.13 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 127,240 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Turnberry & Vine.docx Packet Pg. 186 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) RIGHT-OF-WAY VACATION 127,240 sq.ft. 2.92 ac POINT OF BEGINNING S89°11'26"E (BASIS OF BEARING) S89°11'26"E, 50.67' N00°25'55"E, 36.00' POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 5-7-68 3" ALUMINUM CAP, PLS 20123 WATERFIELD P.U.D. SECOND FILING VINE DRIVE COUNTY ROAD 11 (TURNBERRY ROAD) WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST S89°11'31"E, 16.40' R=15.00' L=23.77' ǻ=90°47'45" Dir=N45°24'17"E Chord=21.36' N00°00'00"E, 154.96' R=1033.00' L=224.94' ǻ=12°28'36" Dir=N06°14'18"W Chord=224.50' N12°28'37"W, 244.71' R=1117.00' L=1.64' ǻ=0°05'03" Dir=N12°26'05"W Chord=1.64' N00°25'55"E, 42.12' S89°39'41"E 76.76' R=1032.00' L=24.71' ǻ=1°22'19" Dir=S11°47'27"E Chord=24.71' S12°28'37"E 245.65' R=1117.00' L=243.24' ǻ=12°28'37" Dir=S06°14'18"E Chord=242.76' S00°00'00"E, 156.57' R=15.00' L=23.35' ǻ=89°10'31" Dir=S44°35'43"E Chord=21.06' S89°11'26"E 1295.08' S00°48'34"W 49.00' N89°11'26"W 1425.13' N00°25'55"E, 49.00' EXHIBIT B Exhibit C DESCRIPTION: VACATING RIGHTS-OF-WAY AS DEDICATED ON THE PLATS OF WATERFIELD P.U.D. FIRST FILING AND SECOND FILING Rights-of-way vacations located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Garganey Drive, Goslyn Court, Black Scoter Court, Bufflehead Court , all in Waterfield P.U.D. First Filing. and; Garganey Drive, Mandarin Drive, Mandarin Court, Cape Teal Drive, Rosybill Drive, Shearwater Drive, Aleutian Drive and Muscovy Drive, all in Waterfield P.U.D., Second Filing. and; All that portion of Merganser Drive in Waterfield P.U.D., First and Second Filing lying north and west of a line described as follows; Considering the North line of Tract D of Waterfield P.U.D. First Filing as bearing North 88°58’20” West (recorded N 89°16’30”West) and with all bearings contained herein relative thereto: BEGINNING at the Northwest Corner of said Tract D; thence along the boundary line of the proposed Waterfield Third Filing, North 88°58’20”West, 60.66 feet; thence continuing along said boundary line the following 9 courses and distances : along a non-tangent curve concave to the northwest having a central angle of 03° 38' 47” with a radius of 1157.36 feet, an arc length of 73.65 feet and the chord of which bears South 23° 04' 20” West, 73.64 feet; thence along a curve concave to the southeast having a central angle of 05° 40' 59” with a radius of 1157.36 feet, an arc length of 114.79 feet and the chord of which bears South 22° 03' 14” West, 114.75 feet; thence along a curve concave to the southeast having a central angle of 11° 07' 10” with a radius of 738.94 feet, an arc length of 143.41 feet and the chord of which bears South 14° 45' 13” West, 143.18 feet; thence, South 00° 11' 50” West, 55.06 feet; thence along a curve concave to the west having a central angle of 00° 50' 22” with a radius of 1970.50 feet, an arc length of 28.87 feet and the chord of which bears South 00° 37' 01” West, 28.87 feet; thence, South 01° 02' 11” West, 74.46 feet; thence, South 03° 39' 18” West, 153.27 feet; thence, South 02° 13' 58” West, 71.72 feet; thence, South 01° 02' 11” West, 199.97 feet to the Terminus Point of said line. The above described vacated rights-of-ways contain 372,007 square feet more or less. April 29, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\Exhibit C - ROW Vacation All Interior Roads 4-29-14.docx Packet Pg. 188 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) LINE TABLE LINE L1 L2 L3 L4 L5 L6 LENGTH 60.66' 55.06' 74.46' 153.27' 71.72' 199.97' BEARING N88°58'20"W S00°11'50"W S01°02'11"W S03°39'18"W S02°13'58"W S01°02'11"W CURVE TABLE CURVE C1 C2 C3 C4 DELTA 3°38'47" 5°40'59" 11°07'10" 0°50'22" RADIUS 1157.36' 1157.36' 738.94' 1970.50' LENGTH 73.65' 114.79' 143.41' 28.87' BEARING S23°04'20"W S22°03'14"W S14°45'13"W S00°37'01"W CHORD 73.64' 114.75' 143.18' 28.87' GARGANEY DR. GARGANEY DR. WATERFIELD P.U.D. FIRST FILING WATERFIELD P.U.D. SECOND FILING TRACT D Exhibit D DESCRIPTION: VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. FIRST FILING A Right-of-Way vacation being a portion of Timberline Road located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the Center section line of said Section 5 as bearing North 00°00’54” West, and with all bearing contained herein relative thereto: Commencing at the South Quarter Corner of said Section 5; thence along said Center section line, North 00°00’54” West, 1601.05 feet; thence departing said Center section line, South 89°59’06” West, 57.50 feet to the POINT OF BEGINNING; thence along a non-tangent curve concave to the northwest having a central angle of 90° 01' 08" with a radius of 10.00 feet, an arc length of 15.71 feet and the chord of which bears South 44° 59' 40" West, 14.14 feet; thence, North 89° 59' 06" West, 2.99 feet to a point on the West Right-of-Way line of Timberline Road per Waterfield P.U.D., First Filing; thence along said West Right-of-Way line, North 00° 00' 54" West, 259.25 feet; thence departing said West Right-of-Way line, North 00° 00' 54" West, 81.00 feet to a point on said West Right-of-Way line; thence along said West Right-of-Way line, North 00° 00' 54" West, 151.50 feet; thence departing said West Right-of-Way line, North 89° 59' 06" East, 13.00 feet; thence, South 00° 00' 54" East, 481.75 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 6,370 square feet more or less and is subject to all easements and Right-of-Way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Timberline North.docx Packet Pg. 190 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) WATERFIELD P.U.D. FIRST FILING TRACT D WATERFIELD P.U.D. FIRST FILING WATERFIELD P.U.D. FIRST FILING EXHIBIT D VACATED RIGHT-OF-WAY BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH CENTER 1 4 CORNER SECTION 5-7-68 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 191 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit E DESCRIPTION: VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. FIRST FILING A Right-of-Way vacation being a portion of Timberline Road located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the Center section line of said Section 5 as bearing North 00°00’54” West, and with all bearing contained herein relative thereto: Commencing at the South Quarter Corner of said Section 5; thence along said Center section line, North 00°00’54” West, 1066.35 feet; thence departing said Center section line, South 89°59’06” West, 42.50 feet to the POINT OF BEGINNING; thence, South 89° 59’ 06" West, 28.00 feet to a point on the West Right-of-Way line of Timberline Road per Waterfield P.U.D., First Filing; thence along said West Right-of-Way line, North 00° 00' 54" West, 451.71 feet; thence departing said West Right-of-Way line, South 89° 59' 46" East, 3.00 feet; thence along a curve concave to the southwest having a central angle of 89° 59' 38" with a radius of 10.00 feet, an arc length of 15.71 feet and the chord of which bears South 45° 00' 48" East, 14.14 feet; thence, South 00° 00' 54" East, 227.79 feet; thence, North 89° 59' 06" East, 15.00 feet; thence, South 00° 00' 54" East, 213.92 feet POINT OF BEGINNING. The above described vacated Right-of-Way contains 9,059 square feet more or less and is subject to all easements and Right-of-Way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Timberline South.docx Packet Pg. 192 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) WATERFIELD P.U.D. FIRST FILING TRACT D WATERFIELD P.U.D. FIRST FILING S89°59'46"E 3.00' S89°59'06"W 28.00' N00°00'54"W 451.71' R=10.00' L=15.71' ǻ=89°59'38" Chord Bearing=S45°00'48"E Chord Length=14.14' S00°00'54"E 227.79' POINT OF BEGINNING EXHIBIT E VACATED RIGHT-OF-WAY BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH CENTER 1 4 CORNER SECTION 5-7-68 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 193 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit F DESCRIPTION: VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF VINE DRIVE AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. SECOND FILING Vacated Right-of-Way to be retained as Easement being a portion of Vine Drive located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the South line of the Southwest Quarter of said Section 5 as bearing South 89° 11’ 26” East, and with all bearing contained herein relative thereto: Commencing at the Southwest Corner of said Section 5; thence along the South line of said Southwest Quarter, South 89° 11’ 26” East, 50.67 feet; thence departing said South line, North 00° 25’ 55” East, 36.00 feet to the POINT OF BEGINNING; thence, North 00° 25' 55" East,49.00 feet; thence, South 89° 11' 31" East, 16.40 feet; thence, South 89° 11' 29" East, 113.97 feet; South 89° 11' 26" East,1295.08 feet; thence, South 00° 48' 34" West,49.00 feet; thence, North 89° 11' 26" West, 1425.13 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 69,842 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Turnberry & Vine.docx Packet Pg. 194 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) RETAINED AS EASEMENT 69,842 sq.ft. 1.60 ac POINT OF BEGINNING S89°11'26"E (BASIS OF BEARING) S89°11'26"E 50.67' N00°25'55"E 36.00' POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 5-7-68 3" ALUMINUM CAP, PLS 20123 WATERFIELD P.U.D. SECOND FILING VINE DRIVE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST S89°11'31"E 16.40' S89°11'29"E 113.97' S89°11'26"E 1295.08' S00°48'34"W 49.00' N89°11'26"W 1425.13' N00°25'55"E 49.00' EXHIBIT F VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH SOUTH 1 4 CORNER SECTION 5-7-68 3" ALUMINUM CAP PLS 20123 WEST 1 4 CORNER SECTION 5-7-68 2-1/2" ALUMINUM CAP LS 17662 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH RANGE 68 WEST 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 195 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit G DESCRIPTION: VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF COUNTY ROAD 11 (TURNBERRY ROAD) AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D., SECOND FILING Vacated Right-of-Way to be retained as easement being a portion of County Road 11(Turnberry Road) located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the West line of the Northwest Quarter of said Section 5 as bearing North 00°25’55” East, and with all bearing contained herein relative thereto: Commencing at the West Quarter Corner of said Section 5; thence along the West line of said Northwest Quarter, North 00°25’55” East, 88.29 feet to the POINT OF BEGINNING; thence continuing along said West line, North 00° 25' 55" East,471.31 feet to a point on the North line of Waterfield P.U.D., Second Filing; thence departing said West line and along said North line, South 52° 37' 49" East,70.06 feet; thence departing said North line, South 00° 25' 55" West, 413.68 feet; thence along a curve concave to the northeast having a central angle of 90° 25' 53" with a radius of 15.00 feet, an arc length of 23.67 feet and the chord of which bears South 44° 47' 10" East, 21.29 feet; thence along a non-tangent line, North 89° 59' 36" West, 71.11 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 25,252 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Turnberry.docx Packet Pg. 196 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) RETAINED AS EASEMENT 25,252 sq.ft. 0.58 ac R=15.00' L=23.67' ǻ=90°25'53" Dir=S44°47'10"E Length=21.29' POINT OF COMMENCEMENT WEST 1 4 CORNER SECTION 5-7-68 2-1/2" ALUMINUM CAP, LS 17662 WATERFIELD P.U.D. SECOND FILING POINT OF BEGINNING N00°25'55"E 88.29' COUNTY ROAD 11 (TURNBERRY ROAD) CONIFER STREET S89°59'36"W 71.11' N00°25'55"E 471.32' S52°37'49"E 70.06' S00°25'55"W 413.68' WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST N00°25'55"E (BASIS OF BEARING) NORTH LINE OF WATERFIELD P.U.D. SECOND FILING NORTHWEST SECTION CORNER S5,T7N,R68 3" ALUMINUM CAP IN MONUMENT BOX PLS 20133 EXHIBIT G NORTH VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 197 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit H DESCRIPTION: VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. FIRST FILING Vacated Right-of-Way to be retained as Easement being a portion of Timberline Road located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the Center section line of said Section 5 as bearing North 00°00’54” West, and with all bearing contained herein relative thereto: Commencing at the South Quarter Corner of said Section 5; thence along said Center section line, North 00°00’54” West, 1601.05 feet; thence departing said Center section line, South 89°59’06” West, 57.50 feet to the POINT OF BEGINNING; thence along a non-tangent curve concave to the northwest having a central angle of 90° 01' 08" with a radius of 10.00 feet, an arc length of 15.71 feet and the chord of which bears South 44° 59' 40" West, 14.14 feet; thence, North 89° 59' 06" West, 2.99 feet to a point on the West Right-of-Way line of Timberline Road per Waterfield P.U.D., First Filing; thence along said West Right-of-Way line, North 00° 00' 54" West, 259.25 feet; thence departing said West Right-of-Way line, North 00° 00' 54" West, 81.00 feet to a point on said West Right-of-Way line; thence along said West Right-of-Way line, North 00° 00' 54" West, 151.50 feet; thence departing said West Right-of-Way line, North 89° 59' 06" East, 13.00 feet; thence, South 00° 00' 54" East, 481.75 feet to the POINT OF BEGINNING. The above described vacated Right-of-Way contains 6,370 square feet more or less and is subject to all easements and Right-of-Way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Timberline North.docx Packet Pg. 198 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) WATERFIELD P.U.D. FIRST FILING TRACT D WATERFIELD P.U.D. FIRST FILING WATERFIELD P.U.D. FIRST FILING EXHIBIT H NORTH CENTER 1 4 CORNER SECTION 5-7-68 VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 199 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Exhibit I DESCRIPTION: VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF WATERFIELD P.U.D. FIRST FILING A Right-of-Way vacation being a portion of Timberline Road located in Section 5, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the Center section line of said Section 5 as bearing North 00°00’54” West, and with all bearing contained herein relative thereto: Commencing at the South Quarter Corner of said Section 5; thence along said Center section line, North 00°00’54” West, 1066.35 feet; thence departing said Center section line, South 89°59’06” West, 42.50 feet to the POINT OF BEGINNING; thence, South 89° 59' 06" West, 28.00 feet to a point on the West Right-of-Way line of Timberline Road per Waterfield P.U.D., First Filing; thence along said West Right-of-Way line, North 00° 00' 54" West, 451.71 feet; thence departing said West Right-of-Way line, South 89° 59' 46" East, 3.00 feet; thence along a curve concave to the southwest having a central angle of 89° 59' 38" with a radius of 10.00 feet, an arc length of 15.71 feet and the chord of which bears South 45° 00' 48" East, 14.14 feet; thence, South 00° 00' 54" East, 227.79 feet; thence, North 89° 59' 06" East, 15.00 feet; thence, South 00° 00' 54" East, 213.92 feet POINT OF BEGINNING. The above described vacated Right-of-Way contains 9,059 square feet more or less and is subject to all easements and Right-of-Way now on record or existing. March, 2014 CNS D:\Projects\889-001\Dwg\Exhibits\ROW Vacation Timberline South.docx Packet Pg. 200 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) WATERFIELD P.U.D. FIRST FILING TRACT D WATERFIELD P.U.D. FIRST FILING S89°59'46"E 3.00' S89°59'06"W 28.00' N00°00'54"W 451.71' R=10.00' L=15.71' ǻ=89°59'38" Chord Bearing=S45°00'48"E Chord Length=14.14' S00°00'54"E 227.79' POINT OF BEGINNING EXHIBIT I NORTH CENTER 1 4 CORNER SECTION 5-7-68 VACATED RIGHT-OF-WAY TO BE RETAINED AS EASEMENT BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 201 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2014-032 Approving an Amendment to the Redevelopment and Reimbursement Agreement with the Fort Collins Urban Renewal Authority, Walton Foothills Holdings VI, L.L.C. and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units and Section 3.2(c) (now Section 3.2(g)) - Provisions to be Included in District Bond Documents concerning the order in which the Reserve and the Supplemental Reserve would be utilized. Six additional refinements to the Agreement are recapped below to address concerns raised by Council. STAFF RECOMMENDATION Staff recommends adoption of the Resolution; 1. Staff recommends approving the modifications and structure of bond fund releases in Section 3.1. 2. Staff recommends approving the requested clarification to Section 4.3 and 3.2(c). 3. Staff recommends approving the four additional refinements to the Agreement BACKGROUND / DISCUSSION Attachment 1 is the Agenda Item Summary from April 15th, concerning the details behind the modifications requested for Sections 3.1 and 4.3. Amendment to Section 3.2 The current redevelopment agreement details two unique reserve accounts that will be established as part of the Metro District bond offering. The first, “Reserve”, is typical to bond transactions where 10% of the bond proceeds are set aside in a reserve account. The Reserve is funded directly from bond proceeds and is funded at the time the bonds close. The second, “Supplemental Reserve”, has been added as a credit enhancement. The Supplemental Reserve is funded from revenues from the project and is built up over the first few years of the project. Specifically, each year, if the combined pledged revenues exceed the bond payment requirement, the excess is put into a Supplemental Reserve account by the Bond Trustee until the Packet Pg. 202 Agenda Item 15 Item # 15 Page 2 Supplemental Reserve is fully funded at 10% of the initial bond value. The two reserves will each hold $7.2M assuming a $72M bond offering for a combined total of $14.4M of reserves. Section 3.2(c) - Provisions to be included in District Bond Documents within the original agreement (Section 3.2(g) in the proposed modification document) specifies that in the event there are insufficient revenues from all sources to support the debt payments, the Reserve would be used first and the Supplemental Reserve would be used second. Use of the Reserve to support debt payments would trigger various regulatory filings on the part of the District and put the bonds in default. The Supplemental Reserve was intended to be a credit enhancement to the bond offering and was designed to provide a buffer to the Reserve in the event of insufficient revenues. As such, the Supplemental Reserve should be used first to avoid default and regulatory filings associated with using the Reserve first. Using the Reserve first negates the credit enhancement feature the Supplemental Reserve was designed to provide. There is no anticipated adverse financial impact to the City with this clarification. Additional Refinements To further refine the agreement and address several concerns raised by Council, five additional modifications have been discussed and agreed upon with the Developer since the April 15th Council discussion. These changes are included in the attached proposed modifications. 1. Section 3.1(c) has been modified to require 120,000 vs. 90,000 square feet of tenants new to Fort Collins except that the City Manager shall have the authority to deem this requirement has been met if the square footage of tenants new to Fort Collins is between 90,000 and 120,000 square feet and the City Manager has determined that it is in the best interest of the City to do so. 2. Section 3.2(c) has been added that requires a certificate of completion on the core and shell of the new Sears building before the release of the fourth tranche funds. 3. Section 3.2(e) has been added that stipulates the Developer will not be reimbursed from bond proceeds for expenditures to date on public improvements until the Developer has achieved at least 255,000 square feet of executed leased space. 4. Section 4.1(a) has been modified to allow the City Manager or City Attorney to inspect and review executed leases subject to confidentiality provisions contained in the individual leases. Developer will use reasonable efforts to obtain the consent of retailers where such consent is required. 5. Sections 25.5 & 26 have been modified to clarify that the City Manager, in consultation with legal counsel, has the authority to amend the agreement provided there is no change or adverse impact to the City’s financial interests or substantial change to the scope or general character of the project. 6. Sections 4.7 & 5.1 have been modified to strengthen the agreement to ensure the PIF covenant remains in place and the mill levy cap and debt limits defined in the Metro District Service Plan can be enforced. Other minor revisions have also been made. All revisions are highlighted on Attachment 3. BOARD / COMMISSION RECOMMENDATION Council directed staff to meet with boards and commissions to gather input and feedback on the proposed changes to the agreement. The following meetings have occurred: Staff met with the Economic Advisory Commission on April 17th and again on April 28th An all board and commission meeting was held at the Lincoln Center on April 24th. 16 people were in attendance (including 1 citizen not associated with a board), representing 12 different boards. Feedback was provided by 14 of the 16. In summary, 12 were supportive of the Mall project, with 1 not supportive and 1 neutral. 10 were supportive of the proposed changes to the agreement and 4 were not supportive of the proposed changes. A recap of the feedback from the board and commission meeting is included in Attachment 2. Packet Pg. 203 Agenda Item 15 Item # 15 Page 3 PUBLIC OUTREACH A Community event held April 28th, hosted by Councilmember Horak, included a short presentation by staff, followed by questions and answers. Approximately 30 citizens attended. ATTACHMENTS 1. Copy of Agenda Item Summary, April 15, 2014 (PDF) 2. Board and Commission Feedback, April 24, 2014 (PDF) 3. Mall Agreement- redlined (DOCX) 4. Powerpoint presentation (PDF) Packet Pg. 204 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2014-032 Approving an Amendment to the Redevelopment and Reimbursement Agreement with the Fort Collins Urban Renewal Authority, Walton Foothills Holdings VI, L.L.C. and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 – Conditions Precedent to Issuance of District Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 – Construction of Residential Component of Project: Affordable Housing, concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Amendment to Section 3.1(c) Section 3.1 - Conditions Precedent to Issuance of District Bonds was included in the agreement to provide the City assurance that prior to the City granting authorization to the District to issue the bonds that the project financing is in place and all project approvals have been received. Section 3.1 details 7 conditions that must be met by the Developer prior to the issuance of the District Bonds. The seven conditions are summarized below: a. District Financing Plan approved by the City Manager. b. Provide evidence that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project. c. Obtain 240k square feet of executed leased space with 120k square feet of tenants new to Fort Collins at an average sales per square foot of $375. d. Add-On PIF imposed in accordance with Section 4.7. e. Obtain all Development Approvals for the Project. f. Satisfactory opinion by District’s bond counsel. g. No event of default shall have occurred. The Developer has indicated they are prepared to meet 6 of these conditions and are requesting a modification to 3.1(c), concerning the square footage of lease space required before issuance. The Developer currently has approximately 90k square feet of leases executed and anticipates having approximately 195k square feet leased by May 2014. A combination of factors has negatively impacted the current volume of executed leases: Packet Pg. 205 Attachment15.1: Copy of Agenda Item Summary, April 15, 2014 (Foothills Mall-Amendment) Agenda Item 17 Item # 17 Page 2 1. The delay from an anticipated 2014 opening to a 2015 opening. 2. Timing uncertainty of the 2015 opening until the Redevelopment Agreement was signed in January of 2014. 3. A leasing strategy that focuses on critical retailers first, who once signed, will attract other quality retailers. 4. Retailers are currently focused on leases for 2014 openings and will focus on leases to support 2015 openings later in this year. The Developer has requested an amendment to the agreement that would allow for the issuance of District bonds with 155k square feet leased including 90k square feet of tenants new to Fort Collins. However, only $23M of the $53M of bond proceeds would be released to the project. The remaining $30M of bond proceeds would be held in escrow by the Bond Trustee and would only be released in tranches to the project as additional leases are executed by the developer. Table A Lease Space Sq Ft Funds Released Percent of… Tranche Total New to Fort Collins Funds Released Assigned to City Improv Orig 240k Mall (less Macy's) Current 240k 120k $ 53 $ 8 100% 47% Request 1 155k 90k $ 23 $ 3 65% 30% 2 205k 120k 33 1 85% 40% 3 255k 130k 43 2 106% 50% 4 310k 150k 53 2 129% 60% Table A details the additional square feet of executed leases required by the developer to receive additional funding. As each 50k of additional leases are executed, combined with a corresponding increase in leases associated with tenants new to Fort Collins, funding will be released by the Bond Trustee in increments of $10M. In comparison to the original agreement, the Developer must now obtain 310k square feet of executed leases (60% of the total Mall) before all funds are made available (vs. 240k square feet (47% of the total Mall) in the original agreement). The amount of leased space to tenants new to Fort Collins has also increased from 120k to 150k. In addition, a portion of each tranche released would be assigned to the Underpass and Foothills Activity Center portion of the project. Waiting until the developer has obtained the required 240k square feet of leased space prior to the issuance of the bonds could have multiple adverse effects on the project: 1. The equity partner and the construction financier require all funding be closed simultaneously. A delay in the issuance of the District Bonds will delay the closing on the construction financing. 2. A delay in the close of the project financing opens the possibility of rising interest rates adding significant cost to the project. 3. Construction timing is critical, a delay of several weeks in closing all financing will delay construction start-up which in turn will delay the opening in 2015. 4. A delay in the 2015 mall opening will void current executed leases which specify a 2015 opening. 5. A delay in the 2015 mall opening will put at risk other interested retailers given the projects timing uncertainty. Some of these retailers may elect to locate elsewhere within the northern Colorado region and be lost to the Mall project indefinitely. Packet Pg. 206 Attachment15.1: Copy of Agenda Item Summary, April 15, 2014 (Foothills Mall-Amendment) Agenda Item 17 Item # 17 Page 3 The Developer’s Equity Partner has agreed to provide additional security and financing to support the project and maintain the current timeline. Current equity investment in the project is approximately $57M and will most likely increase by the time all financing is closed. This is 40% to 50% higher than their original intentions. In addition, the Equity Partner has agreed to provide 100% recourse vs. the normal 50% recourse on the $100M plus construction loan. Both actions demonstrate confidence in the project. Risks and Implications Associated with the Amendment to Section 3.1(c): Risks and implications associated with the amendment vary by party associated with the agreement. Risks revolve around what can be described as “Start-Up Risk”. Start-Up Risk can be defined as the bonds are issued but something catastrophic occurs that prevents the mall from being completed and fully leased out. City Risk/Implications – In the event the bonds are issued and the mall is not completed, there is no financial obligation on the part of the City beyond the pledge of Sales Tax Increment from sales at the Mall. Issuing the bonds with 155k vs. 240k square feet of leased space does not increase financial risk to the City. The structure of financing was intentionally set up to issue the bonds via the Metro District, avoid creating a debt obligation on the part of the City and allow the City to avoid the Start-Up Risk. Interest Rate Risk – Current macro-economic indicators point to a rising interest rate environment in the near term. A delay in the issuance of the bonds in a rising rate environment could have a significant impact on the financing cost of the project. A 1% increase in interest rates on the bonds (all else held constant) would require an additional $17M of Sales Tax Increment from the URA to meet the bond payments. The Developer would also potentially experience additional financing costs associated with the construction loan. Developer Risk/Implications – The Developer will not have a financial gain with the proposed amendment. The benefit to the Developer is the project would proceed on the current planned timeline without the adverse impact of the effects of a delay described above. Metro District Risk/Implications - The risk to the District is related to Start-Up Risk and when such an event occurred relative to the square footage of executed leases. If an event occurred after 240k square feet of leases are executed, in the current agreement, all $72M of bonds would be issued and outstanding. In the amended agreement, only $33M of the bond proceeds would have been disbursed and the remaining $20M of proceeds would be available for an extraordinary redemption of outstanding bonds, thereby reducing the future obligations of the District. If the event occurred prior to the Developer achieving 255k square feet of executed leases, the amended agreement would be beneficial to the District. If such an event occurred after 310k square feet of executed leases were obtained, there is no difference between the two alternatives. If an event occurred after 155k square feet of leases were executed but before 240k square feet of leases were executed, in the current agreement, no bonds would have been issued. In the amended agreement, $23M to $33M of the bond proceeds would have been disbursed and the remaining $20M to $30M of proceeds would be available for an extraordinary redemption of the outstanding bonds. There is risk in the amended agreement during the time it takes the Developer to move from 155k to 240k square feet of leased space. Again, there is no financial risk to the City in this case. This risk can be evaluated based on two factors – probability and severity. The probability of an event occurring during the 4-6 months it will take the Developer to acquire the 240k square feet of leases vs. the 155k square feet of leases is very low. The severity could be high. Approximately $41M of bonds would be outstanding plus additional capitalized interest would be incurred if $30M of proceeds were used for an early redemption. The Start-Up Risk exists with the current agreement and with the amended agreement, the difference relates to whether an event would occur during the next 4-6 months that would ultimately cause the Bonds to not be issued. Because (1) there is no added risk to the City, (2) the risk to the District is not significantly different between authorizing bonds with 240k of leased space vs. authorizing bonds with 155k of lease space and putting funds in escrow that can only be fully released once 310k of space is leased,( 3) the risk of delay to the construction Packet Pg. 207 Attachment15.1: Copy of Agenda Item Summary, April 15, 2014 (Foothills Mall-Amendment) Agenda Item 17 Item # 17 Page 4 timeline would most likely adversely impact the projects lease opportunities and completion dates, and 4) potential higher interest rates with a late 2014 issuance would require additional sales tax increment to cover bond payments, staff recommends making the requested modifications to the agreement. Amendment to Section 4.3 Section 4.3 – Construction of Residential Component of Project: Affordable Housing. of the agreement was intended to provide a partial offset to lost residential property tax increment in the event the developer does not meet the construction completion dates described in section 4.3. The 50% payments of the lost property tax revenue by the developer was intended to only be in effect until the residential units are completed and property tax revenue begins to flow to the URA and then to the Metro District. The current wording in the agreement has been questioned by the District bond council, who interpret the current wording to require the developer to continue making the 50% payments after the residential units are complete if the original construction completion dates in the agreement are not met. Staff concurs this was not the intent of this section and agree clarification is needed to indicate the 50% payment is only required if the construction completion dates within the agreement are not met and only until the residential units are complete and tax revenue is realized by the Metro District. The Council Finance Committee will review this on Friday, April 11. Draft minutes from that meeting will be provided in the read-before packet on Tuesday, April 15. FINANCIAL / ECONOMIC IMPACTS Financial impacts are covered within the Risk/Implications section above. ATTACHMENTS 1. First Amendment to Revdevelopment and Reimbursement Agreement-Redline version (DOCX) 2. Powerpoint presentation (PDF) Packet Pg. 208 Attachment15.1: Copy of Agenda Item Summary, April 15, 2014 (Foothills Mall-Amendment) Attachment 2 - Board and Commission/Citizen Feedback from April 24 Meeting Survey Results – April 24, 2014 Do you support the Mall Project? Do you support the proposed Amendment? Comments/Questions Board or Commission A. Yes Yes I like the tranches with timeline constraints also. I agree with the other two changes also. Art in Public Places Personal comments B. Yes Yes Energy Board Personal Comments C. Yes Yes The amendments are reasonable and in the favor of the City. Unknown D. Yes Yes Would prefer to see fewer deals to attract business – Fort Collins has plenty of appeal. In this case it is a big project and some partnership is reasonable Water Board Personal Comments E. Yes Yes. The proposed amendment is an improvement to the agreement. Public private partnerships are important. City Council approved the project. The private sector partner has demonstrated substantial justification and need for the requested amendment. Staff supports the requested amendment and demonstrates little or no risk to the City. The proposed amendment actually benefits the City by requiring more square feet leased to retailers new to the City. Plus, funds are released in tranches. The project is located on the Max and is critical to multiple City objectives. Affordable Housing Board Personal Comments F. Yes Yes I hope that City Council will approve the modifications. Human Relations Commission Personal Comments G. Yes Yes I would like to see reports (not leases, but just sq. feet leased) published publically. I feel that #2 and 3 are simple wording corrections – we are all human. I also support #1 fully, as Mike stated if it was brought up at the beginning they would have used the language. Affordable Housing Board Personal Comments H. Neutral Yes Changes appear to be minor with exception of leases – which in my opinion mall developers will insure their success to issue their (unreadable) appear (smiley face). Thanks for the opportunity for input Unknown ATTACHMENT 2 Packet Pg. 209 Attachment15.2: Board and Commission Feedback, April 24, 2014 (Foothills Mall-Amendment) but these changes appear to me to be “housekeeping” considerations. I. Yes No I find it very disappointing that only 7 board/commission members came! (I’m a private citizen) None Do you support the Mall Project? Do you support the proposed Amendment? Comments/Questions Board or Commission J. Yes Yes I believe the proposed changes are improvements for both partners especially the performance-based matrix for release of bond $’s. Please support this community-shaping project and these enhancements to the agreement. Unknown K. No No The mall we need at a price we can afford. Not this mall at this price. Parking Board Personal Comments L. Yes No Point 1. Do not support. Point 2. Support. Point 3. Do not support. Unknown M. Yes Yes Still change good deal for Fort Collins. Economic Health Board Personal Comments N. Yes No Be more suspicious!! Unknown Yes = 12 No = 1 Neutral = 1 Yes = 10 No = 4 # Meeting attendees = 16 # Surveys returned = 14 Attendees from the following boards/commissions: Human Relations Commission Economic Advisory Board Senior Advisory Board Affordable Housing Board Transportation Board Zoning Board of Appeals Energy Advisory Board Parking Board Citizen Review Board Building Review Board Water Board Art in Public Places Packet Pg. 210 Attachment15.2: Board and Commission Feedback, April 24, 2014 (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 1 FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Amendment”) dated as of AprilMay __, 2014, is made by and among the FORT COLLINS URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the “Authority”), WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (the “Developer”), the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and FOOTHILLS METROPOLITAN DISTRICT, a quasi- municipal corporation organized and existing in accordance with Title 32, Article 1, C.R.S. (the “District”). The Authority, the Developer, the City and the District are sometimes collectively called the “Parties,” and individually, a “Party.” RECITALS WHEREAS, on January 17, 2014, the Parties entered into that certain Redevelopment and Reimbursement Agreement (the “Agreement”); and WHEREAS, the Developer has requested an amendment to the Agreement that would change one condition precedent to the issuance of District Bonds so as to allow their issuance upon the Developer’s having leased 155,000 square feet, 90,000120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District Bond proceeds to tie their release to additional leasing performance; and WHEREAS, in addition, the Parties have determined that certain other clarifications to the language of the Agreement will be mutually beneficial. NOW THEREFORE, in consideration of the mutual covenants and promises of the Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree to the terms and conditions in this Agreement. AGREEMENT 1. DEFINED TERMS AND RECITALS INCORPORATED. All terms used in this Amendment and defined in the Agreement shall have the meanings ascribed to them in the Agreement, except as otherwise expressly provided herein. All recitals set forth in the Agreement and in this Amendment, above, are incorporated into the Agreement as amended by this Amendment as though fully set forth in the body hereof. Packet Pg. 211 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 2 2. DEFINITION ADDED. Section 1 of the Agreement is amendment to add a definition of the term “Tenant New to Fort Collins”, as follows: “Tenant New to Fort Collins” means any tenant other than a tenant that is relocating to the Project an existing business that was operating under a City of Fort Collins sales tax license as of the date of the Agreement or this Amendment. 3. AMENDMENT TO SECTION 3.1. Section 3.1 of the Agreement is hereby amended to read as follows: 3.1 Conditions Precedent to Issuance of District Bonds. The following conditions shall be satisfied on or prior to the issuance of the District Bonds: (a) The Developer and the District shall prepare the Financing Plan and the City Manager and the Executive Director of the Authority shall have approved the Financing Plan. The Financing Plan shall also be in form and substance satisfactory to the District’s bond counsel and the underwriter of the District Bonds. The Financing Plan shall demonstrate that there is expected to be sufficient Pledged Revenues derived from the construction of the Project to pay the debt service requirements on the District Bonds when due. (b) The Developer shall provide to the City Manager the following evidence satisfactory to the City Manager that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project: (1) Developer shall certify that it has expended no less than $57 million on the Project, representing the Developer’s equity commitment as of the closing of the District Bonds; and (2) Developer shall demonstrate that it has a closed construction loan with a commitment from the construction lender to fund an amount not less than the difference between the construction costs of the Project and the total of the net bond proceeds and the Developer’s equity commitment described in Section 3.1(b)(1), which construction loan shall provide recourse for one hundred percent (100%) of the loan amount against an entity (or entities) that own(s) substantially all of and controls(s) the Developer. Such recourse may be subject to decreases over time as certain financial tests and leasing tests are achieved. The City’s Financial Officer and City Attorney (or their delegates) shall be entitled to review the loan agreement and related documents, including, but not limited to, any promissory note and all related guarantees and deeds of trust, to verify compliance with this requirement. Packet Pg. 212 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 3 (c) The Developer shall have obtained executed lease agreements, excluding the existing department store located on Larimer County Parcel Number 9725391002, totaling at least 240,000155,000 square footage of the retail area of the Project with tenants that, in the aggregate, have an average sales per square foot of at least $375 based on average national sales performance, and, except as hereinafter provided, of which at least 90,000120,000 square feet shall be leased to Tenants New to Fort Collins, except that the City Manager shall have the authority to deem this requirement has been satisfactorily met when leases have been executed with Tenants New to Fort Collins totaling no less than 90,000 square feet, so long as the City Manager has determined that it is in the best interests of the City to do so, and that all other conditions and obligations of this Agreement have been mettenants new to the City of Fort Collins. Notwithstanding the foregoing, however, in the event that at least 60,000 of such square footage is leased to tenants that are new to Fort Collins, then this minimum requirement of 120,000 square feet shall be deemed satisfied with the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed, provided that in determining whether to give such consent the City Manager may consider the impact on the proposed financing from a reduced percentage of tenants new to the City. The Developer shall certify to the City upon the City’s request that the conditions of this Subsection (c), excluding verification of the sales per square foot requirement, have been met in full. (d) The Developer shall have imposed the Add-On PIF in accordance with Section 4.7 hereof. (e) The Developer shall have obtained the Development Approvals for the Project, as described in this Agreement and in Exhibit C. (f) The City and the Authority shall receive an opinion of the District’s bond counsel that the District Bonds have been validly issued and opining as to the tax-exempt status of the bonds, which opinion shall be addressed to the City and the Authority, or the City and the Authority shall receive a reliance letter from the District’s bond counsel. (g) No Event of Default hereunder shall have occurred and be continuing hereunder, unless such Event of Default has been cured, remedied or waived, or a remedy has been agreed upon by the Parties which will become effective with the passage of time. 4. AMENDMENT TO SECTION 3.2. Section 3.2 is hereby amended to read as follows: 3.2 Provisions to be Included in District Bond Documents. The District Bond Documents shall contain the following provisions: Packet Pg. 213 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 4 (a) The District Bonds shall be payable from the Pledged Revenues in the following order of priority: (i) the District Debt Service Mill Levy Revenues; (ii) the Pledged District Specific Ownership Taxes; (iii) the Pledged Property Tax Increment Revenues; (iv) the Add-On PIF Revenues; and (v) the Pledged Sales Tax Increment Revenues. (b) The District Bond proceeds may only be made available to the District in tranches, upon the achievement by Developer of threshold requirements for executed leases for tenants as set forth in the table below. The parties acknowledge that, as provided in Section 3.1(c) above, attainment of the threshold for the first such tranche is a condition precedent of issuance of the District Bonds. As to tranches 1, 2 and 3 only, the tenants comprising the required threshold shall have an average sales per square foot of at least $375 in the aggregate based on average national sales. A portion of each tranche shall be allocated to the Underpass and Foothills Activity Center improvements as set forth in the table below, except as approved in writing by the City Manager. The balance of the available proceeds within each tranche may be spent without restriction, except as otherwise set forth in this Agreement. (c) Additionally, as a condition precedent to the District’s ability to receive the funds in the fourth tranche 4, the Developer shall have obtained a letter of completion for the core and shell of the new building being constructed on Lot 16 as shown in the Tranche Cumulative Total Square Feet of Executed Lease Agreements Total Amount of Bond Proceeds Disbursed in Tranche Cumulative Total Amount of Bond Proceeds Disbursed Minimum Bond Proceeds for Underpass and Foothills Activity Center (FAC) 1 155,000 $23M $23M $3M (Underpass) 2 205,000 $10M $33M $1M (FAC) 3 255,000 $10M $43M $2M (FAC) 4 310,000 $10M $53M $2M (FAC) Packet Pg. 214 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 5 Development Approvals, and delivered into Sears’ possession premises on which the Sears retail store will be located of said building to Sears or its affiliate. (cd) If, on the third anniversary date of the issuance of the District Bonds, any portion of the District Bond proceeds that has not been disbursed as a result of failure to meet one or more leasing thresholds described in Section 3.2(b), then the remaining undisbursed proceeds shall be used to carry out the mandatory extraordinary redemption of a corresponding portion of the District Bonds. (e) Until the leasing thresholds applicable to tranche 3 have been met, The Developer’s equity commitment described in Section 3.1(b)(1) of this Agreement shall remain invested in the Project and Developer shall not receive any repayment of its equity commitment from proceeds from the District Bonds. until the leasing threshold applicable to Tranche 3, set forth in the chart, above, has been met. (df) After the debt service requirements on the District Bonds have been paid or provided for in each Fiscal Year, and after all payments have been made to replenish the reserve fund for the District Bonds and to make any payments into any required rebate funds for the District Bonds, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (i) To the extent required by the underwriter of the District Bonds based on market conditions, the District Bond Documents may establish a supplemental reserve fund (the “Supplemental Reserve Fund”) and provide that any excess Pledged Revenue shall be deposited into the Supplemental Reserve Fund to be maintained in an amount that is not more than 10% of the original aggregate principal amount of the District Bonds. The District Bond Trustee shall keep a record of the sources of the Pledged Revenue that are used to fund and maintain the Supplemental Reserve Fund, if any. (ii) After the Supplemental Reserve Fund, if any, has been fully funded, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (A) The District, the City and the Authority hereby agree pursuant to Section 31-25-107(11) C.R.S. that any such excess Sales Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted by the District Bond Trustee to the City. The District Bond Documents shall provide that the City is a third-party beneficiary under the District Bond Documents with respect to this provision relating to the requirement of remitting any excess Sales Tax Increment Revenues to the City as set forth above. Packet Pg. 215 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 6 (B) Any excess Add-On PIF Revenues shall be applied by the District Bond Trustee to prepay principal on the District Bonds upon payment of all scheduled debt service for the year in which said Add-On PIF Revenues were collected. In the event that Add-On PIF Revenues are used to fund or maintain the Supplemental Reserve Fund and are released after full payment of the District Bonds, excess Add-On PIF Revenues shall be remitted to the District for deposit in the Foothills Mall Fund. (C) Any excess Pledged Property Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted to the Authority. (D) Any excess Pledged District Specific Ownership Taxes and District Debt Service Mill Levy Revenues shall be applied by the District Bond Trustee to debt service payments on the District Bonds in the following year. (eg) Except as may be expressly agreed to the contrary in writing by the District, the City Manager on behalf of the City, and the Authority Executive Director on behalf of the Authority, the District Bond Documents shall provide that moneys on deposit in the Supplemental Reserve Fund shall be applied solely to pay the debt service requirements on the District Bonds in the event of an insufficiency of Pledged Revenues to make such payments, provided, however, that all moneys on deposit in the reserve fund for the District Bonds must first have been applied to the payment of the debt service requirements on the District Bonds prior to applying any funds on deposit in the Supplemental Reserve Fund to such payment. Upon termination of the Supplemental Reserve Fund, the moneys on deposit in the Supplemental Reserve Fund shall be remitted by the District Bond Trustee based on the source of Pledged Revenues used to fund and maintain the Supplemental Reserve Fund in accordance with the provisions set forth in subparagraph (d)(ii) above, except as may otherwise be provided in the District Bond Documents with the consent of the District, the City Manager on behalf of the City and the Authority Executive Director on behalf of the Authority, notwithstanding the terms of subparagraph (d)(ii), above. (fh) The District Bond Documents shall provide that the net proceeds of the Bonds shall be deposited in the Project Fund and requisitioned by the District to pay Eligible Costs as set forth in Exhibit D hereof, with such requisitions to be made substantially in accordance with Exhibit E hereof. The District Bond Documents shall provide that any requisition remitted to the District Bond Trustee shall simultaneously be remitted to the City Manager, or the City Manager’s designee. In the event that the City provides written notice to the Developer and the District that it disputes that all or any portion of the requisition qualifies as an Eligible Cost or otherwise fails to comply with the requisition requirements in Exhibit E, then the City, the Developer and the District agree to act in good faith to attempt to resolve any such dispute. Packet Pg. 216 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 7 (gi) Without the prior written consent of the City Manager, the District Bonds shall mature no later than 25 years after the date of issuance thereof, and shall not contain a pledge of Pledged Property Tax Increment Revenues or Pledged Sales Tax Revenues that extends beyond the final payment of said revenues to the Authority; the total Net Debt Service of the District Bonds shall not exceed $180,000,000, and the maximum annual Net Debt Service on the District Bonds shall not exceed the amounts set forth in Exhibit I hereto. 5. AMENDMENT TO SECTION 4.1. Section 4.1 is hereby amended to read as follows: 4.1 Construction of Project. As set forth in Section 2.1 hereof, the Developer and/or the District shall construct the Project. The Project shall be constructed substantially in accordance with the Development Approvals and Exhibit C attached hereto. Additionally, as construction proceeds on the Project, Developer shall comply with the following requirements. (a) Developer shall provide a monthly written status report to the City regarding the status of construction of the Project with respect to the overall schedule. The City acknowledges that Developer has identified or may identify certain information contained in such reports as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information except as required by applicable law. If the City is requested to disclose information identified by Developer as confidential and if the City believes it is legally required to make disclosure of such information, the City will notify Developer at least two business days prior to making such disclosure, so as to permit Developer to propose appropriate redactions or seek a judicial declaration preventing disclosure. The Developer shall reimburse the City for any attorneys’ fees or costs incurred by the City or that the City is ordered to pay in connection with such proceedings. (b) Developer shall certify to the City prior to the release of each tranche of District Bond proceeds as set forth in Section 3.2(b) that the total square footage of leases to Tenants New to Fort Collins meets the minimum threshold for such tranche as set forth in the table below: Tranche Total Square Feet of Executed Lease Agreements Total Leasing to Tenants New to Fort Collins 1 155,000 90,000120,000 2 205,000 110,000120,000 3 255,000 130,000 4 310,000 150,000 Packet Pg. 217 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 8 (c) Developer shall also provide monthly reports to the City which include the following information: (i) the percentage of the total square footage to be leased for which leases have been executed; (ii) the percentage of the total square footage to be leased for which letters of intent have been executed; and (iii) the percentage of the total square footage to be leased that is under negotiation. The City acknowledges that Developer has identified or may identify certain information provided under this subsection as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information to the same extent and under the same terms and conditions as set forth in Section 4.1(a), above. Subject to confidentiality provisions contained in individual leases with which Developer must comply, and to the above provisions regarding confidentiality of proprietary business information, Developer additionally agrees to allow a representative of the City the City Manager and City Attorney (or their delegates) to inspect those portions of executed leases or other documents which may be reasonably necessary in order to verify the information set forth in the certifications referenced in Section 3.1(c) and Section 4.1(b), above. Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases, where such consent is required, in order to make such information available to the City. 6. AMENDMENT TO SECTION 4.3. Section 4.3 is hereby amended to read as follows: 4.3 Construction of Residential Component of Project; Affordable Housing. The Developer shall Complete Construction of the residential components of the Project, subject to Force Majeure, as follows: (a) on or prior to December 31, 2016, the Developer shall Complete Construction of the first phase of the residential component of the Project consisting of a minimum of 200 units; (b) on or prior to December 31, 2018, the Developer shall Complete Construction of the second phase of the residential component of the Project consisting of at least an additional 246 units. Failure to Complete Construction of the residential components of the Project in accordance with this Section 4.3 shall not be deemed to be an Event of Default under this Agreement, provided, however, that if Construction of the residential components of the Project is not Completed as set forth above, then beginning with the 2020 Fiscal Year, the Developer shall be obligated to pay in such Fiscal Year and each Fiscal Year thereafter, regardless of whether the Developer is the owner of the Property on which the residential component of the Project is to be constructed, an amount equal to 50% of the difference between the Pledged Revenues generated from the residential component of the Project and the Estimated Revenues from the Residential Property, as follows: (i) such payment shall be made to the City to the Packet Pg. 218 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 9 extent that any Pledged Sales Tax Increment Revenues are applied in such fiscal year to the payment of the debt service requirements on the District Bonds; and (ii) to the extent that such payment is not due and owing to the City in any fiscal year, the balance of any such amount to be paid by the Developer in such fiscal year shall be applied toward principal on the District Bonds. Said payment shall be made in each fiscal year until either: (1) the pledge of any Authority Pledged Revenues has ceased; or (2) property taxes are due from the residential component of the Project for 446 units that have been assessed as 100% complete. The Project shall pay any affordable housing fees that may be enacted by the City Council on or before December 1, 2014, as if such fees had been in place and applicable to the Project. Any affordable housing impact fee that may be adopted as part of such requirements shall be paid by the Developer when due for the Project, except that for any portion of the Project developed prior to the imposition of the fee, such fee shall be paid no later than sixty days after adoption. 7. AMENDMENT TO SECTION 4.7. Section 4.7 of the Agreement is hereby amended to read as follows: 4.7 Imposition of Add-On PIF. (a) On or prior to the issuance of the District Bonds, the Developer shall impose the Add-On PIF on retail sales occurring on the Property that are subject to the City’s Sales Tax, provided, however, that in connection with any property that is not owned by the Developer as of the Effective Date, the Developer shall use its best efforts to impose such Add-On PIF on such retail sales occurring on any such Property, subject to the consent of the owners of such Property. Except as provided herein, aAll property under the Developer’s control as of the Effective Date shall be made subject to the Add- On PIF, and any property within the Project acquired by the Developer subsequent to the Effective Date shall become subject to this requirement. This requirement shall not apply to those portions of the Property or later acquired property governed by existing leases, until the expiration or termination of said existing leases, provided that Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases to become subject to the same. The Add-On PIF shall be imposed only for so long as the District Bonds are outstanding. So long as the District Bonds are outstanding, the Developer covenants to cause all Add-On PIF Revenues to be remitted to the District Bond Trustee and such Add-On PIF Revenues shall be pledged to the payment of the District Bonds. To the extent that the Add-On PIF is imposed prior to the initial issuance of the District Bonds, the Developer covenants to cause all Add-On PIF Revenues to be held in a trust account and remitted to the District Bond Trustee upon the initial issuance of the District Bonds. The Developer agrees that it shall be responsible for enforcing the placard requirements and for the implementation of the Add-On PIF with the retailers in the Project. (b) The Add-On PIF shall be imposed and collected as required by this section through the PIF Covenant. The PIF Covenant shall provide that during the term that the Packet Pg. 219 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 10 Add-On PIF is to be imposed and collected under this Agreement, the PIF Covenant may not be amended, modified, waived or terminated in any manner inconsistent with the terms of this Agreement without the City’s prior written consent. The PIF Covenant shall be reviewed by the City Attorney to determine that the PIF Covenant satisfies the applicable requirements of this Agreement. The City Attorney shall have twenty-one (21) days after its submittal to the City to review and provide comments in writing to the Developer with regard to the same. In the event the City Attorney’s written approval or disapproval is not provided to the Developer within such period, the PIF Covenant shall be deemed approved by the City. Upon approval and in connection with the closing of the construction loan referenced in Section 3.1(b)(2), the Developer shall record the PIF Covenant with the Larimer County Clerk and Recorder to encumber the Property as provided in this section and the PIF Covenant so recorded shall be prior to all liens, except liens for property taxes. 8. AMENDMENT TO SECTION 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: 4.8 Access to Property. Developer will make arrangements for representatives of the City, including elected officials and staff, and the public, to participate in regular tours of the Property during construction, which tours shall be conducted no less frequently than once per month. Additionally, Developer will permit representatives of the City and the Authority access to the Property and the Project at reasonable times during regular business hours and with prior notice as necessary for the purpose of carrying out or determining compliance with the Agreement, the Urban Renewal Plan, or any City code or ordinance, including, without limitation, inspection of any work being conducted. No compensation will be payable for such access. The City and the Authority, as applicable, agree to restore the Property and any component of the Project to its condition prior to any tests or inspections made by the City and further agree that they shall be responsible for any damage that results from the City or the Authority, as applicable, accessing the Property pursuant to their respective rights under this Agreement, to the extent permitted by law and, in the case of the City, subject to annual appropriation of funds by the City Council, in its sole discretion. 9. AMENDMENT TO SECTION 5.1. Section 5.1 of the Agreement is hereby amended to read as follows: 5.1 Compliance with Service Plan and Applicable Law. At all times the District will comply with the requirements of the Service Plan as it may be amended from time to time. The District further agrees that it will not make any material modification to the Service Plan without first obtaining the City Council’s approval of that modification, as required in CRS Section 32-1-207. For purposes of this Agreement, a “material modification” shall include, without limitation, any increase in the “Maximum Debt Authorization,” “Maximum Debt Maturity Term” or in the “Maximum Debt Service Mill Levy,” as these terms are defined in the Service Plan. The District’s failure to obtain the City Council’s approval shall be deemed an Event of Default under Sections 18 and 19 hereof. To the extent authorized by its Service Plan, the District may design, construct, finance, own, acquire, maintain, and operate Eligible Packet Pg. 220 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 11 Improvements in accordance with all applicable laws, ordinances, standards, policies, and specifications of the State of Colorado, the City, and any other entity with jurisdiction. The City and the District agree that this First Amendment shall not constitute a material modification to the Service Plan and shall be incorporated into the definition of “Redevelopment Agreement” in the Service Plan. 10. AMENDMENT TO SECTION 25.5. Section 25.5 of the Agreement is hereby amended to read as follows: 25.5. The City Manager shall have the authority to act on behalf of the City under this Agreement and the Executive Director shall have the authority to act on behalf of the Authority under this Agreement. In exercising such authority, they each may agree to amendments to the Agreement that they, in consultation with appropriate legal counsel, determine are in the best interests of the City and Authority and do not have a significant adverse effect on the City’s or Authority’s financial interests under this Agreement, or result in a significant change to the scope or general character of the Project from that defined in this Agreement. 11. AMENDMENT TO SECTION 26. Section 26 of the Agreement is hereby amended to read as follows: 26. AMENDMENT. This Agreement may be amended only by an instrument in writing signed by all the Parties. Amendments within the authority of the City Manager and Executive Director pursuant to Section 25.5 may be entered into without action of the City Council and Authority Board of Commissioners, respectively. 12. VALIDITY OF REMAINING PROVISIONS. All provisions of the Redevelopment Agreement that are not expressly amended herein shall remain in full force and effect and continue to bind the parties thereto. IN WITNESS WHEREOF, this Amendment is executed by the Parties as of AprilMay __, 2014. FORT COLLINS URBAN RENEWAL AUTHORITY _____________________________________ Gerry Horak, Vice Chairperson ATTEST: Packet Pg. 221 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 12 _____________________________ Darin Atteberry, Executive Director Notice Address: Fort Collins Urban Renewal Authority 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Attention: Darin Atteberry, Executive Director Email: datteberry@fcgov.com Packet Pg. 222 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 13 CITY OF FORT COLLINS, COLORADO By: Gerry Horak, Mayor Pro Tem (SEAL) ATTEST: _______________________ Wanda Nelson, City Clerk APPROVED AS TO FORM _______________________ Carrie Mineart Daggett, Deputy City Attorney Notice Address: City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522 Attention: Carrie Mineart Daggett, Esq., Deputy City Attorney Email: cdaggett@fcgov.com Packet Pg. 223 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 14 FOOTHILLS METROPOLITAN DISTRICT _________________________________ ATTEST: ________________________, President _____________________________ Secretary Notice Address: c/o White, Bear and Ankele, P.C. The Streets at Southglenn 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Kristen Bear Email: kbear@wbapc.com Packet Pg. 224 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 15 WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company By: Foothills Alberta Management, LLC, a Colorado limited liability company Its: Authorized Agent By: ____________________________ Donald G. Provost Its: Manager Notice Address: Walton Foothills Holdings VI, L.L.C. 5750 DTC Pkwy, Suite 210 Greenwood Village, CO 80111 Attention: Donald G. Provost Email: dgp@albdev.com With a copy to: Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 Attention: Carolynne C. White, Esq. Email: cwhite@bhfs.com Packet Pg. 225 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) 1 Foothills Mall Redevelopment First Amendment to Redevelopment Agreement May 6, 2014 ATTACHMENT 4 Packet Pg. 226 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 2 Developer Request Discussed April 15th 1. Modification to Section 3.1(c) concerning leased space required prior to City authorization to issue Metro District Bonds 2. Clarification to Section 4.3 concerning payment required of the Developer if the residential units are not completed on time 3. Modification to the original Section 3.2(c) concerning the use of Reserve and Supplemental Reserve funds Packet Pg. 227 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 3 Section 3.1(c) Request Equity Position and Recourse Commitments Above Normal…. Demonstrates Confidence in the Project Additional Considerations by the Developer & Equity Partner: • Equity Position higher than original intent • Equity Partner 100% recourse on the construction loan • Monthly status reports on leasing & Quarterly tours of the project ($ millions) Tranche Total New to Fort Collins Funds Released Assigned to City Improv Orig 240k Mall (less Macy's) Current 240k 120k $ 53 $ 8 100% 47% Request 1 155k 120k $ 23 $ 3 65% 30% 2 205k 120k 33 1 85% 40% 3 255k 130k 43 2 106% 50% 4 310k 150k 53 2 129% 60% Lease Space Sq Ft Funds Released Percent of… Packet Pg. 228 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 4 Section 4.3 Clarification Clarification Requested is Consistent with the Original Intent • Intent of the original Section 4.3 was to require the Developer to pay 50% of the lost property tax increment in the event the residential units were delayed. • But only until such time as the residential units are built and property tax increment is being paid. • Clarification added to Section 4.3: “Said payment shall be made in each fiscal year until either: 1) the pledge of any authority pledged revenue has ceased; or 2) property taxes are due from the residential component of the Project for 446 units that have been assessed as 100% complete.” Packet Pg. 229 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 5 Section 3.2 (c) Modification No Financial Impact to the City • Review of Bond Documents identified an issue in the Redevelopment Agreement that does not work with the Bond issuance • Two Reserve Funds Planned • Supplemental Reserve – funded from project revenue • Reserve – funded from bond proceeds • Supplemental Reserve was set up to enhance the normal Reserve, use of Reserve first would trigger regulatory filings • Current wording in Section 3.2(c) • In the event of insufficient Pledged Revenue, Reserve is used before the Supplemental Reserve • Modification needed to allow the use of the Supplemental Reserve first Packet Pg. 230 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 6 Additional Modifications Since April 15 Additional Modifications Strengthen the Agreement • Change the lease requirement on tenants new to Fort Collins from 90k to 120k square feet of executed leases with City Manager exception • Tie the release of the 4th tranche funds to a certificate of completion on the core & shell of the Sears building • No Developer reimbursement for public improvement expenditures to date until 255k square feet of executed leases • City Manager or City Attorney can review executed leases subject to confidentiality provisions within the leases • Clarification on City Manager authority to amend the agreement provided substantial change to the City’s financial interests or to the scope or character of the project • Strengthen PIF covenant language and Metro District Service Plan enforcement Packet Pg. 231 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 7 Questions & Discussion Packet Pg. 232 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 8 Developer Request Back - Up Packet Pg. 233 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 9 • Objectives: • Realize Community Vision & Expectations • Launch a Catalytic Opportunity in Midtown • Realize a Significant Revenue Opportunity • Minimize Risk to Balance Sheet, Credit Rating & Revenue • Challenges • Build a Competitive Design & Create a Sense of Place • Resolve Tenant Issues • Create a Connection with Mason BRT • Replace the Youth Activity Center Objectives & Challenges Packet Pg. 234 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 10 Historical Mall Sales Net Taxable Sales Estimated Net Taxable Sales at the Mall Began to Decline in 2001…. Data is Not Adjusted for Inflation – Actual Deterioration is Worse Packet Pg. 235 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 11 Public Improvement Costs Public Improvement Costs Support Blight Removal and Higher Cost Infill Redevelopment ($ millions) Blight Removal Infrastructure City Infrastructure Total Public Land Acquisition $ 5.5 $ 5.5 Parking Structure 9.6 9.6 Deconstruction / Abatement 3.9 3.9 Fixture & Amenities 1.4 1.4 Ditch Relocation 2.8 2.8 Site Work 12.9 12.9 Utilities 4.5 4.5 Soft Costs 4.6 4.6 Foothills Activity Center 4.8 4.8 Pedestrian Crossing / Culvert 3.0 3.0 TOTAL $ 45.2 $ 7.8 $ 53.0 Packet Pg. 236 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 12 Bond Details • Metro District Bond Issue in 2014 – Par Value $72 • less Capitalized Interest 9 • less Reserve Fund 7 • less Issuance Cost 3 • Net Proceeds to Support Public Improvements $53 • Bond Payments over 25 years • Metro District 50 mills property tax – paid by mall property owners $43 • URA Property Tax Increment – paid by mall property owners 42 • Developer 1% Public Improvement Fee – paid by mall shoppers 65 • City Sales Tax Revenue remittance – paid by mall shoppers 9 • Total Bond Payments $159 Property Tax Revenue From Mall Owners and 1% PIF Paid by Mall Customers Funds 94% of the Bond Payments over 25 Years ($ millions) Packet Pg. 237 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 13 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 3.85% Sales Tax (Baseline) 3.85% Sales Tax (Transfer) Annual Remit of Sales Tax 3.85% Sales Tax (New) Sales Tax by Year Summary $117M $76M $53M $9M $255M Cumulative Sales Tax Generated by Mall 7% Scenario Including Dedicated Taxes Packet Pg. 238 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 14 Seven Conditions Precedent to Issuance of Bonds Developer has Indicated All Conditions Will Be Met With The Exception of (c) a) Financing Plan approved by City Manager – demonstrates sufficient pledged revenue to meet debt service requirements b) Obtained all equity and private financing necessary to construct the non-residential component of the project c) 240k square feet of executed leased space with 120k square feet new tenants to Fort Collins d) Add-On PIF imposed in accordance with Section 4.7 e) Developer obtained all Development Approvals for the Project f) Satisfactory opinion by District’s bond counsel g) There is no event of default Packet Pg. 239 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 15 Section 3.1(c) Request Allows Bonds to be Issued with 155k sq. ft. of Leased Space…. $23M of Funds Disbursed…. Remaining Funds Released as Leasing Grows to 310k sq. ft. Current Agreement requirement prior to bond issuance: • Developer to have obtained 240k of executed lease agreements • 120k of the 240k to be new tenants to Fort Collins • If 60k-120k of new tenants – subject to consent of City Manager • Leases to have an average sales per square foot of at least $375 Modification Requested: • Bonds issued with 155k of executed lease agreements • 90k of the 155k to be new tenants to Fort Collins • Leases to have an average sales per square foot of at least $375 • $23M of $53M in bond proceeds released to Developer • Remaining $30M held in escrow & released in $10M tranches as additional leases signed – final release at 310k • Portion of leases new to Fort Collins is laddered to total leases Packet Pg. 240 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 16 Risk & Implications of Executed Lease Change No Additional Financial Risk to the City…. District Risk Related to a Low Probability Event in next 6 Months City: • No change in financial risk to the City – Metro District Bonds • Avoids interest rate risk associated with late 2014 issuance Developer: • No benefit to the Developer’s financial position Metro District: • Start-Up Risk – bonds are issued and the Mall is not completed • Bonds issued with 155k sq. ft. of leased vs. 240K sq. ft. • If Start-Up Risk occurs between 155k & 240k • Added Risk - bonds are issued and project stalls • If Start-Up Risk occurs after 240k leased • Reduced or Equal Risk – partial pay down possible Packet Pg. 241 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 17 Critical Mass & Timing Critical Mass Required Redevelopment Agreement Leasing Strategy Equity Financing Construction Timeline pg gy All Elements Must Come Together Simultaneously…. If One Element is Delayed, the Ripple can Impact the Completion Date Which Can Impact Leasing Strategy • Redevelopment Agreement linked to Date Certainty • Date Certainty Influences Leasing Strategy • All Financing Needs to Close Simultaneously • Financing Needs to Close in Time to Allow Construction to Achieve Completion Date Packet Pg. 242 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 18 Benefits of This Change Retains Current Project Timeline and Planned Start-up Dates • Project retains planned time-line for completion – Fall 2015 • Avoid interest rate risk associated with a fall bond issuance • Supports a Revitalized Mid-Town – catalyst project • Creation of a sense of place • Increase to City Sales Tax Revenue • $4.2M in 2019 growing to $7M in 2038 Packet Pg. 243 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 19 Section 3.1(c) Request Cost of Service Impact on County over 25 years • County Estimate – Cost of Service Impact $12M • City Estimate based on 446 units vs. 800 units 7M • City Estimate adjusting for 70% variable cost vs. 90% $ 4M • City Support to offset the impact on Cost of Service • Share 50% of the residential property tax increment $ 1.3M • Share $60K a year of personal property tax 1.2M • “Rising Tide” impact on County revenue – the Square, Toys R Us TBD • Refine economic model to better determine cost of service impacts on County – adjust sharing if appropriate TBD Packet Pg. 244 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 20 Start-Up Risk • What would the Metro District cash flow look like if only 155k sq. ft. of space is leased? • Start-up risk discussed in January 2014 and May 2013 • Bonds are issued but the project doesn’t come out of the ground • Issue is the same at 240k sq. ft. as at 155k sq. ft. • City is not obligated to support the bonds beyond the sales tax pledge • “Stalled Project”…. what it looks like is a very difficult question to answer with any degree of certainty • Factors include • Without additional leasing, signed leases would become void • Developer would have access to a limited portion of both the bond proceeds and the construction loan • What ultimately gets built and who occupies it is unknown The Developer & Equity Partners Equity Position and 100% Recourse Demonstrates Confidence in the Projects Leasing Strategy Packet Pg. 245 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 21 Section 3.2 (c) Modification • Reserve Funded by Bond Proceeds: • Bonds Issued at Par Value $72M • Transaction costs 3M • Capitalized interest 9M • Reserve 7M Net Bond Proceeds $53M • Supplemental Reserve Funded by Revenue: • Revenue from the project will fund a supplemental reserve of $7M • Revenue assigned to Metro District $2.5M • Sales Tax Increment 4.5M Two Reserves…. One Funded by Bond Proceeds and One Funded By Project Revenue Packet Pg. 246 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 22 Summary of Changes – May ‘13 to Jan ‘14 • Change in Mall Configuration • Commercial square footage down by 10% • 6% second floor of theater – low value square footage • 4% from retail space • Grand opening delayed approximately 1 year – phased opening • Financial Incentive Deal is Largely Unchanged • $53M Public Improvements • Maintained cap on maximum bond payments at $180M • New – Early bond pay down from upside revenue potential • Financial Return to the City Equal To / Slightly Better • Sales per square foot increased based on known tenant mix • Net new sales tax (net of remittance to support bonds) • Flat at $108M - $111M – excluding additional transfer sales • Increased slightly to $114M - $117M including additional transfer Packet Pg. 247 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 23 Foothill Mall Project Summary Comparison $9 - $12 of URA Sales Tax Increment Remitted Depending on Rates….. $108 to $117 Net New Sales Tax Revenue (Rates & Transfer) May 7 2013 Jan 14 2014 @7.00% Bond ($ millions – Except Sales per Square Foot) Jan 14 2014 @7.25% Bond GLA 711K + 24K 641K + 24K Sales Per Sq Ft $350 $378 Same Total Cost Retail Project $237 $231 Open Assumption Nov ’14 Phases ‘14-’15 Bonds at Par Value $ 73 $ 71 $ 72 Cum Bond Payments $165 $159 $163 First Three Revenue Sources $170 $151 $151 Dedicated Sales Tax Rev $105 $106 $106 Core Sales Tax Revenue $147 $149 $149 Est Sales Tax Increment Remitted $ 8.8 $9.0 $12.0 Net New Sales Tax Revenue $108 $117 $114 Net New without Addtl Transfer $111 $108 Packet Pg. 248 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 24 First Three Revenue Sources • First 3 Revenue Sources: • Releases URA Sales Tax Increment if First 3 Revenue Sources covers debt • Revenue above debt service assigned to pay down debt principal 3 Pledged Revenue Sources with Higher Priority than URA Sales Tax Increment ($ millions) Cumulative First Three Revenue Sources 25 Years District Property Tax $ 50.0 $ 2.1 URA Property Tax Increment 55.2 2.3 Developer Sales PIF 64.7 2.3 Bond Funding $ 169.9 $ 6.7 Today's Value $ 62.5 Annual Funding 2020 25 Years $ 43.1 $ 1.8 42.7 1.9 65.6 2.4 $ 151.4 $ 6.1 $ 55.3 Cumulative Funding Annual Funding 2020 May 7 2013 Jan 14 2014 Packet Pg. 249 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 25 Sales Tax Revenue Total of Sales Tax Revenue Expected over 25 years $252M………………….$255M Annual Sales Tax Revenue in the First Full Year $8.4M………………….$8.7M Base = existing revenue from the existing mall Transfer = revenue from other areas of the city that will transfer to the mall New = net new revenue associated with the redeveloped mall ($ millions) Cumulative Sales Tax Revenue 25 Years First Full Year Dedicated Base / Transfer / New $ 104.6 $ 3.5 Core Base 44.4 1.8 Core Transfer & New 102.7 3.1 Sales Tax $ 251.7 $ 8.4 Today's Value $ 94.7 Annual Funding 2016 25 Years First Full Year $ 106.0 $ 3.6 44.5 1.8 104.6 3.3 $ 255.1 $ 8.7 $ 94.8 Cumulative Funding Annual Funding 2016 May 7 2013 Jan 14 2014 Packet Pg. 250 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 26 Base Transfer New 44 31 74 $ 149 32 22 52 $ 106 $ 76 $ 53 $ 126 $ 255 Sales Tax over 25 years Foothills Mall Sales Tax Revenue Net New Sales Tax Revenue for the City After Remittance of $9M Towards Debt Service Is Estimated at $117M ($ millions) Sales Tax Revenue retained by the City = $150M Sales Tax Revenue “pledged” towards debt service = $105M New City Revenue Dedicated Tax 1.60% • Natural Areas • Streets • Capital • KFCG Core Tax 2.25% Sales Tax Revenue “used for debt” service = $ 9M Packet Pg. 251 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 27 ($ millions) Sales Tax Revenue – First 5 Years Sales Tax Revenue in 2016 Exceeds 2012 Current Revenue. Net New Sales Tax Revenue Exceeds May 7th Estimate. + + = = Jan 14th YEAR 2012 ‐ 4.8 2015 1.8 0.8 ‐ 3.4 ‐ 3.8 3.8 2016 2.4 3.2 4.9 0.7 ‐ 5.5 5.5 2017 4.9 3.3 4.9 3.1 0.2 5.5 5.7 2018 5.5 3.4 5.3 ‐ 3.4 5.6 9.0 2019 5.5 3.5 5.4 ‐ 3.5 5.7 9.2 Sales Tax Revenue First 3 Revenue Sources Pledged Sales Tax Incremen Supplemental Reserve Funding Sales Tax Returned Base & Dedicated Sales Tax Bond Payments Packet Pg. 252 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) 28 Risk Analysis A Rate Increase Or Sales Decline Are The Two Primary Risks 1% Increase in Bond Rate = $17M Reduction in Net New Revenue. ($ millions) Note: 2012 Sales per Square Foot at Foothills = $185 sq ft Assumptions May 7th Jan 14th Jan 14th Jan 14th Jan 14th Sales per square foot $350 Sq Ft $378 Sq Ft $378 Sq Ft $378 Sq Ft $340 Sq Ft Property Tax Estimate Value Estimate Value Estimate Value Base less 10% Estimate Value Cum Bond Pmts & Supp Res $165 $159 $163 $177 $177 Risk Sensitivity First 3 Revenue Sources 170 151 151 151 145 Remitted URA Sales Tax increment 9 9 12 26 32 Net New Revenue $ 108 $ 117 $ 114 $ 100 $ 76 7% Interest Base Case 7% Interest Base Case 7.Interest25% Interest 8% 8% Interest ‐10% Sales Packet Pg. 253 Attachment15.4: Powerpoint presentation (Foothills Mall-Amendment) - 1 - RESOLUTION 2014-032 OF THE COUNCIL OF CITY OF FORT COLLINS APPROVING AN AMENDMENT TO THE REDEVELOPMENT AND REIMBURSEMENT AGREEMENT WITH THE FORT COLLINS URBAN RENEWAL AUTHORITY, WALTON FOOTHILLS HOLDINGS VI, L.L.C., AND THE FOOTHILLS METROPOLITAN DISTRICT REGARDING THE REDEVELOPMENT OF FOOTHILLS MALL WHEREAS, at its regular meeting convened on May 7, 2013, the City Council adopted Resolution 2013-042, approving a Redevelopment and Reimbursement Agreement among the City of Fort Collins (the “City”), the Fort Collins Urban Renewal Authority (the “Authority”), Walton Foothills Holdings VI, L.L.C. (the “Developer”), and the Foothills Metropolitan District (the “District”) regarding the redevelopment of Foothills Mall (the “Agreement”); and WHEREAS, on January 14, 2014, the City Council adopted Resolution 2014-004, approving an updated Redevelopment and Reimbursement Agreement among the City, the Authority, the Developer, and the District regarding the redevelopment of Foothills Mall (the “Agreement”); and WHEREAS, in Resolution 2013-42 and Resolution 2014-004, the City Council stated its finding that it is in the best interests of the City to provide financial assistance to the Foothills Mall redevelopment project (the “Mall Project”) in order to remedy blight conditions within and around the Mall pursuant to the Midtown Urban Renewal Plan, using certain property and sales tax increment revenues in accordance with the Act, together with certain available revenues of the District and the Developer, to provide a catalyst for redevelopment in the Midtown Urban Renewal Area, to increase sales tax revenues and job opportunities, and to provide other economic and social benefits to the City and surrounding community; and WHEREAS, on January 17, 2014, the current version of the Agreement was signed by all parties, and was placed on file in the Office of the City Clerk; and WHEREAS, following the execution of the Agreement, the Mall Project has moved forward, and a formal groundbreaking ceremony for the Mall Project took place on February 26, 2014; and WHEREAS, the Developer has requested an amendment to the Agreement that would change a condition precedent to the issuance of District bonds so as to allow their issuance upon the execution of leases for 155,000 square feet, 120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of the City agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District bond proceeds that tie their release to additional leasing performance; and Packet Pg. 254 - 2 - WHEREAS, in addition, $8 million in District bond proceeds allocated to the College Avenue Underpass and Foothills Activity Center elements of the Mall Project will be reserved exclusively for that purpose, as part of the release conditions; and WHEREAS, in order to document and make enforceable these proposed terms and conditions, the parties have also negotiated modifications to the language of the Agreement that are described in the First Amendment to Redevelopment and Reimbursement Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Amendment”); and WHEREAS, City staff has recommended that the City agree to the proposed changes to the leasing conditions set forth in the Amendment, to avoid the costs and other detriments associated with a delay in the issuance of the District bonds called for under the Agreement; and WHEREAS, as part of the Amendment, the Developer has also agreed to provide additional security and financing to support the Mall Project and maintain the current timeline for completion; and WHEREAS, in light of the foregoing, the City Council desires to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. Ratification and Approval of Prior Actions. The City Council hereby ratifies, approves and confirms all action heretofore taken (not inconsistent with the provisions of this Resolution) by the City Council or the officers of the City Council or the City named in this Resolution relating to the Mall Project, the execution and delivery of the Agreement and the Amendment, and the performance of the City’s obligations under the Agreement and related documents. Section 2. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Colorado Constitution, the laws of the State, the City Charter and the City Code, and in accordance with the foregoing recitals, that adopting this Resolution, providing the specified assistance for the Mall Project, and entering into the Agreement and the Amendment and performing all obligations set forth therein, are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City, and will serve the important public purposes of remedying blight conditions within and around the Foothills Mall pursuant to the Midtown Urban Renewal Plan, providing a catalyst for redevelopment in the Midtown Urban Renewal Area, increasing sales tax revenues and job opportunities, and providing other economic and social benefits to the City and surrounding community, and the City Council hereby authorizes and approves the same. Section 3. Approval of Amendment. The Amendment, in substantially the form attached hereto as Exhibit “A”, is in all respects approved, authorized and confirmed. Packet Pg. 255 - 3 - Section 4. Authorization to Execute. The Mayor Pro Tem of the City is hereby authorized and directed to execute and deliver the Amendment, for and on behalf of the City, in substantially the form and with substantially the same content as attached, provided that the approval hereby given to the Amendment includes an approval of such additional details therein, deletions therefrom, or additions thereto as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate for its completion, or desirable to protect the interests of the City. The execution of the Amendment by the Mayor Pro Tem shall be conclusive evidence of the approval by the City Council of the same in accordance with the terms of this Resolution and the Amendment. Section 5. Delegation for Future Amendments. It is the intent of the City Council that the City Manager is hereby authorized, in consultation with the City Attorney, to approve and enter into future amendments to the Agreement as provided in Section 10 of the Amendment. Section 6. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the Mayor Pro-Tem of the City, the City Manager, the Financial Officer, the City Clerk and other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Resolution. The execution of any instrument by the aforementioned officers or members of the City Council shall be conclusive evidence of the approval by the City of such instrument in accordance with the terms of this Resolution and the Amendment. Section 7. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the Amendment hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or the Amendment, the intent being that the same are severable. Section 8. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 9. Effectiveness. This Resolution shall take effect immediately upon its passage. Packet Pg. 256 - 4 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of May, A.D. 2014. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 257 1 FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Amendment”) dated as of May __, 2014, is made by and among the FORT COLLINS URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the “Authority”), WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (the “Developer”), the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and FOOTHILLS METROPOLITAN DISTRICT, a quasi- municipal corporation organized and existing in accordance with Title 32, Article 1, C.R.S. (the “District”). The Authority, the Developer, the City and the District are sometimes collectively called the “Parties,” and individually, a “Party.” RECITALS WHEREAS, on January 17, 2014, the Parties entered into that certain Redevelopment and Reimbursement Agreement (the “Agreement”); and WHEREAS, the Developer has requested an amendment to the Agreement that would change one condition precedent to the issuance of District Bonds so as to allow their issuance upon the Developer’s having leased 155,000 square feet, 120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District Bond proceeds to tie their release to additional leasing performance; and WHEREAS, in addition, the Parties have determined that certain other clarifications to the language of the Agreement will be mutually beneficial. NOW THEREFORE, in consideration of the mutual covenants and promises of the Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree to the terms and conditions in this Agreement. AGREEMENT 1. DEFINED TERMS AND RECITALS INCORPORATED. All terms used in this Amendment and defined in the Agreement shall have the meanings ascribed to them in the Agreement, except as otherwise expressly provided herein. All recitals set forth in the Agreement and in this Amendment, above, are incorporated into the Agreement as amended by this Amendment as though fully set forth in the body hereof. Packet Pg. 258 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) EXHIBIT A 2 2. DEFINITION ADDED. Section 1 of the Agreement is amendment to add a definition of the term “Tenant New to Fort Collins”, as follows: “Tenant New to Fort Collins” means any tenant other than a tenant that is relocating to the Project an existing business that was operating under a City of Fort Collins sales tax license as of the date of the Agreement or this Amendment. 3. AMENDMENT TO SECTION 3.1. Section 3.1 of the Agreement is hereby amended to read as follows: 3.1 Conditions Precedent to Issuance of District Bonds. The following conditions shall be satisfied on or prior to the issuance of the District Bonds: (a) The Developer and the District shall prepare the Financing Plan and the City Manager and the Executive Director of the Authority shall have approved the Financing Plan. The Financing Plan shall also be in form and substance satisfactory to the District’s bond counsel and the underwriter of the District Bonds. The Financing Plan shall demonstrate that there is expected to be sufficient Pledged Revenues derived from the construction of the Project to pay the debt service requirements on the District Bonds when due. (b) The Developer shall provide to the City Manager the following evidence satisfactory to the City Manager that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project: (1) Developer shall certify that it has expended no less than $57 million on the Project, representing the Developer’s equity commitment as of the closing of the District Bonds; and (2) Developer shall demonstrate that it has a closed construction loan with a commitment from the construction lender to fund an amount not less than the difference between the construction costs of the Project and the total of the net bond proceeds and the Developer’s equity commitment described in Section 3.1(b)(1), which construction loan shall provide recourse for one hundred percent (100%) of the loan amount against an entity (or entities) that own(s) substantially all of and controls(s) the Developer. Such recourse may be subject to decreases over time as certain financial tests and leasing tests are achieved. The City’s Financial Officer and City Attorney (or their delegates) shall be entitled to review the loan agreement and related documents, including, but not limited to, any promissory note and all related guarantees and deeds of trust, to verify compliance with this requirement. Packet Pg. 259 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 3 (c) The Developer shall have obtained executed lease agreements, excluding the existing department store located on Larimer County Parcel Number 9725391002, totaling at least 155,000 square footage of the retail area of the Project with tenants that, in the aggregate, have an average sales per square foot of at least $375 based on average national sales performance, and, except as hereinafter provided, of which at least 120,000 square feet shall be leased to Tenants New to Fort Collins, except that the City Manager shall have the authority to deem this requirement has been satisfactorily met when leases have been executed with Tenants New to Fort Collins totaling no less than 90,000 square feet, so long as the City Manager has determined that it is in the best interests of the City to do so, and that all other conditions and obligations of this Agreement have been met. The Developer shall certify to the City upon the City’s request that the conditions of this Subsection (c), excluding verification of the sales per square foot requirement, have been met in full. (d) The Developer shall have imposed the Add-On PIF in accordance with Section 4.7 hereof. (e) The Developer shall have obtained the Development Approvals for the Project, as described in this Agreement and in Exhibit C. (f) The City and the Authority shall receive an opinion of the District’s bond counsel that the District Bonds have been validly issued and opining as to the tax-exempt status of the bonds, which opinion shall be addressed to the City and the Authority, or the City and the Authority shall receive a reliance letter from the District’s bond counsel. (g) No Event of Default hereunder shall have occurred and be continuing hereunder, unless such Event of Default has been cured, remedied or waived, or a remedy has been agreed upon by the Parties which will become effective with the passage of time. 4. AMENDMENT TO SECTION 3.2. Section 3.2 is hereby amended to read as follows: 3.2 Provisions to be Included in District Bond Documents. The District Bond Documents shall contain the following provisions: (a) The District Bonds shall be payable from the Pledged Revenues in the following order of priority: (i) the District Debt Service Mill Levy Revenues; (ii) the Pledged District Specific Ownership Taxes; (iii) the Pledged Property Tax Increment Revenues; (iv) the Add-On PIF Revenues; and Packet Pg. 260 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 4 (v) the Pledged Sales Tax Increment Revenues. (b) The District Bond proceeds may only be made available to the District in tranches, upon the achievement by Developer of threshold requirements for executed leases for tenants as set forth in the table below. The parties acknowledge that, as provided in Section 3.1(c) above, attainment of the threshold for the first such tranche is a condition precedent of issuance of the District Bonds. As to tranches 1, 2 and 3 only, the tenants comprising the required threshold shall have an average sales per square foot of at least $375 in the aggregate based on average national sales. A portion of each tranche shall be allocated to the Underpass and Foothills Activity Center improvements as set forth in the table below, except as approved in writing by the City Manager. The balance of the available proceeds within each tranche may be spent without restriction, except as otherwise set forth in this Agreement. (c) Additionally, as a condition precedent to the District’s ability to receive the funds in tranche 4, the Developer shall have obtained a letter of completion for the core and shell of the new building being constructed on Lot 16 as shown in the Development Approvals, and delivered possession of said building to Sears or its affiliate. (d) If, on the third anniversary date of the issuance of the District Bonds, any portion of the District Bond proceeds that has not been disbursed as a result of failure to meet one or more leasing thresholds described in Section 3.2(b), then the remaining undisbursed proceeds shall be used to carry out the mandatory extraordinary redemption of a corresponding portion of the District Bonds. Tranche Cumulative Total Square Feet of Executed Lease Agreements Total Amount of Bond Proceeds Disbursed in Tranche Cumulative Total Amount of Bond Proceeds Disbursed Minimum Bond Proceeds for Underpass and Foothills Activity Center (FAC) 1 155,000 $23M $23M $3M (Underpass) 2 205,000 $10M $33M $1M (FAC) 3 255,000 $10M $43M $2M (FAC) 4 310,000 $10M $53M $2M (FAC) Packet Pg. 261 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 5 (e) Until the leasing thresholds applicable to tranche 3 have been met, Developer’s equity commitment described in Section 3.1(b)(1) of this Agreement shall remain invested in the Project and Developer shall not receive any repayment of its equity commitment from proceeds from the District Bonds. (f) After the debt service requirements on the District Bonds have been paid or provided for in each Fiscal Year, and after all payments have been made to replenish the reserve fund for the District Bonds and to make any payments into any required rebate funds for the District Bonds, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (i) To the extent required by the underwriter of the District Bonds based on market conditions, the District Bond Documents may establish a supplemental reserve fund (the “Supplemental Reserve Fund”) and provide that any excess Pledged Revenue shall be deposited into the Supplemental Reserve Fund to be maintained in an amount that is not more than 10% of the original aggregate principal amount of the District Bonds. The District Bond Trustee shall keep a record of the sources of the Pledged Revenue that are used to fund and maintain the Supplemental Reserve Fund, if any. (ii) After the Supplemental Reserve Fund, if any, has been fully funded, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (A) The District, the City and the Authority hereby agree pursuant to Section 31-25-107(11) C.R.S. that any such excess Sales Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted by the District Bond Trustee to the City. The District Bond Documents shall provide that the City is a third-party beneficiary under the District Bond Documents with respect to this provision relating to the requirement of remitting any excess Sales Tax Increment Revenues to the City as set forth above. (B) Any excess Add-On PIF Revenues shall be applied by the District Bond Trustee to prepay principal on the District Bonds upon payment of all scheduled debt service for the year in which said Add-On PIF Revenues were collected. In the event that Add-On PIF Revenues are used to fund or maintain the Supplemental Reserve Fund and are released after full payment of Packet Pg. 262 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 6 the District Bonds, excess Add-On PIF Revenues shall be remitted to the District for deposit in the Foothills Mall Fund. (C) Any excess Pledged Property Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted to the Authority. (D) Any excess Pledged District Specific Ownership Taxes and District Debt Service Mill Levy Revenues shall be applied by the District Bond Trustee to debt service payments on the District Bonds in the following year. (g) Except as may be expressly agreed to the contrary in writing by the District, the City Manager on behalf of the City, and the Authority Executive Director on behalf of the Authority, the District Bond Documents shall provide that moneys on deposit in the Supplemental Reserve Fund shall be applied solely to pay the debt service requirements on the District Bonds in the event of an insufficiency of Pledged Revenues to make such payments, provided, however, that all moneys on deposit in the reserve fund for the District Bonds must first have been applied to the payment of the debt service requirements on the District Bonds prior to applying any funds on deposit in the Supplemental Reserve Fund to such payment. Upon termination of the Supplemental Reserve Fund, the moneys on deposit in the Supplemental Reserve Fund shall be remitted by the District Bond Trustee based on the source of Pledged Revenues used to fund and maintain the Supplemental Reserve Fund in accordance with the provisions set forth in subparagraph (d)(ii) above, except as may otherwise be provided in the District Bond Documents with the consent of the District, the City Manager on behalf of the City and the Authority Executive Director on behalf of the Authority, notwithstanding the terms of subparagraph (d)(ii), above. (h) The District Bond Documents shall provide that the net proceeds of the Bonds shall be deposited in the Project Fund and requisitioned by the District to pay Eligible Costs as set forth in Exhibit D hereof, with such requisitions to be made substantially in accordance with Exhibit E hereof. The District Bond Documents shall provide that any requisition remitted to the District Bond Trustee shall simultaneously be remitted to the City Manager, or the City Manager’s designee. In the event that the City provides written notice to the Developer and the District that it disputes that all or any portion of the requisition qualifies as an Eligible Cost or otherwise fails to comply with the requisition requirements in Exhibit E, then the City, the Developer and the District agree to act in good faith to attempt to resolve any such dispute. (i) Without the prior written consent of the City Manager, the District Bonds shall mature no later than 25 years after the date of issuance thereof, and shall not contain Packet Pg. 263 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 7 a pledge of Pledged Property Tax Increment Revenues or Pledged Sales Tax Revenues that extends beyond the final payment of said revenues to the Authority; the total Net Debt Service of the District Bonds shall not exceed $180,000,000, and the maximum annual Net Debt Service on the District Bonds shall not exceed the amounts set forth in Exhibit I hereto. 5. AMENDMENT TO SECTION 4.1. Section 4.1 is hereby amended to read as follows: 4.1 Construction of Project. As set forth in Section 2.1 hereof, the Developer and/or the District shall construct the Project. The Project shall be constructed substantially in accordance with the Development Approvals and Exhibit C attached hereto. Additionally, as construction proceeds on the Project, Developer shall comply with the following requirements. (a) Developer shall provide a monthly written status report to the City regarding the status of construction of the Project with respect to the overall schedule. The City acknowledges that Developer has identified or may identify certain information contained in such reports as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information except as required by applicable law. If the City is requested to disclose information identified by Developer as confidential and if the City believes it is legally required to make disclosure of such information, the City will notify Developer at least two business days prior to making such disclosure, so as to permit Developer to propose appropriate redactions or seek a judicial declaration preventing disclosure. The Developer shall reimburse the City for any attorneys’ fees or costs incurred by the City or that the City is ordered to pay in connection with such proceedings. (b) Developer shall certify to the City prior to the release of each tranche of District Bond proceeds as set forth in Section 3.2(b) that the total square footage of leases to Tenants New to Fort Collins meets the minimum threshold for such tranche as set forth in the table below: Tranche Total Square Feet of Executed Lease Agreements Total Leasing to Tenants New to Fort Collins 1 155,000 120,000 2 205,000 120,000 3 255,000 130,000 4 310,000 150,000 Packet Pg. 264 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 8 (c) Developer shall also provide monthly reports to the City which include the following information: (i) the percentage of the total square footage to be leased for which leases have been executed; (ii) the percentage of the total square footage to be leased for which letters of intent have been executed; and (iii) the percentage of the total square footage to be leased that is under negotiation. The City acknowledges that Developer has identified or may identify certain information provided under this subsection as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information to the same extent and under the same terms and conditions as set forth in Section 4.1(a), above. Subject to confidentiality provisions contained in individual leases with which Developer must comply, and to the above provisions regarding confidentiality of proprietary business information, Developer additionally agrees to allow the City Manager and City Attorney (or their delegates) to inspect those portions of executed leases or other documents reasonably necessary in order to verify the information set forth in the certifications referenced in Section 3.1(c) and Section 4.1(b), above. Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases, where such consent is required, in order to make such information available to the City. 6. AMENDMENT TO SECTION 4.3. Section 4.3 is hereby amended to read as follows: 4.3 Construction of Residential Component of Project; Affordable Housing. The Developer shall Complete Construction of the residential components of the Project, subject to Force Majeure, as follows: (a) on or prior to December 31, 2016, the Developer shall Complete Construction of the first phase of the residential component of the Project consisting of a minimum of 200 units; (b) on or prior to December 31, 2018, the Developer shall Complete Construction of the second phase of the residential component of the Project consisting of at least an additional 246 units. Failure to Complete Construction of the residential components of the Project in accordance with this Section 4.3 shall not be deemed to be an Event of Default under this Agreement, provided, however, that if Construction of the residential components of the Project is not Completed as set forth above, then beginning with the 2020 Fiscal Year, the Developer shall be obligated to pay in such Fiscal Year and each Fiscal Year thereafter, regardless of whether the Developer is the owner of the Property on which the residential component of the Project is to be constructed, an amount equal to 50% of the difference between the Pledged Revenues generated from the residential component of the Project and the Estimated Revenues Packet Pg. 265 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 9 from the Residential Property, as follows: (i) such payment shall be made to the City to the extent that any Pledged Sales Tax Increment Revenues are applied in such fiscal year to the payment of the debt service requirements on the District Bonds; and (ii) to the extent that such payment is not due and owing to the City in any fiscal year, the balance of any such amount to be paid by the Developer in such fiscal year shall be applied toward principal on the District Bonds. Said payment shall be made in each fiscal year until either: (1) the pledge of any Authority Pledged Revenues has ceased; or (2) property taxes are due from the residential component of the Project for 446 units that have been assessed as 100% complete. The Project shall pay any affordable housing fees that may be enacted by the City Council on or before December 1, 2014, as if such fees had been in place and applicable to the Project. Any affordable housing impact fee that may be adopted as part of such requirements shall be paid by the Developer when due for the Project, except that for any portion of the Project developed prior to the imposition of the fee, such fee shall be paid no later than sixty days after adoption. 7. AMENDMENT TO SECTION 4.7. Section 4.7 of the Agreement is hereby amended to read as follows: 4.7 Imposition of Add-On PIF. (a) On or prior to the issuance of the District Bonds, the Developer shall impose the Add-On PIF on retail sales occurring on the Property that are subject to the City’s Sales Tax, provided, however, that in connection with any property that is not owned by the Developer as of the Effective Date, the Developer shall use its best efforts to impose such Add-On PIF on such retail sales occurring on any such Property, subject to the consent of the owners of such Property. Except as provided herein, all property under the Developer’s control as of the Effective Date shall be made subject to the Add- On PIF, and any property within the Project acquired by the Developer subsequent to the Effective Date shall become subject to this requirement. This requirement shall not apply to those portions of the Property or later acquired property governed by existing leases, until the expiration or termination of said existing leases, provided that Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases to become subject to the same. The Add-On PIF shall be imposed only for so long as the District Bonds are outstanding. So long as the District Bonds are outstanding, the Developer covenants to cause all Add-On PIF Revenues to be remitted to the District Bond Trustee and such Add-On PIF Revenues shall be pledged to the payment of the District Bonds. To the extent that the Add-On PIF is imposed prior to the initial issuance of the District Bonds, the Developer covenants to cause all Add-On PIF Revenues to be held in a trust account and remitted to the District Bond Trustee upon the initial issuance of the District Bonds. The Developer agrees that it shall be responsible Packet Pg. 266 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 10 for enforcing the placard requirements and for the implementation of the Add-On PIF with the retailers in the Project. (b) The Add-On PIF shall be imposed and collected as required by this section through the PIF Covenant. The PIF Covenant shall provide that during the term that the Add-On PIF is to be imposed and collected under this Agreement, the PIF Covenant may not be amended, modified, waived or terminated in any manner inconsistent with the terms of this Agreement without the City’s prior written consent. The PIF Covenant shall be reviewed by the City Attorney to determine that the PIF Covenant satisfies the applicable requirements of this Agreement. The City Attorney shall have twenty-one (21) days after its submittal to the City to review and provide comments in writing to the Developer with regard to the same. In the event the City Attorney’s written approval or disapproval is not provided to the Developer within such period, the PIF Covenant shall be deemed approved by the City. Upon approval and in connection with the closing of the construction loan referenced in Section 3.1(b)(2), the Developer shall record the PIF Covenant with the Larimer County Clerk and Recorder to encumber the Property as provided in this section and the PIF Covenant so recorded shall be prior to all liens, except liens for property taxes. 8. AMENDMENT TO SECTION 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: 4.8 Access to Property. Developer will make arrangements for representatives of the City, including elected officials and staff, and the public, to participate in regular tours of the Property during construction, which tours shall be conducted no less frequently than once per month. Additionally, Developer will permit representatives of the City and the Authority access to the Property and the Project at reasonable times during regular business hours and with prior notice as necessary for the purpose of carrying out or determining compliance with the Agreement, the Urban Renewal Plan, or any City code or ordinance, including, without limitation, inspection of any work being conducted. No compensation will be payable for such access. The City and the Authority, as applicable, agree to restore the Property and any component of the Project to its condition prior to any tests or inspections made by the City and further agree that they shall be responsible for any damage that results from the City or the Authority, as applicable, accessing the Property pursuant to their respective rights under this Agreement, to the extent permitted by law and, in the case of the City, subject to annual appropriation of funds by the City Council, in its sole discretion. Packet Pg. 267 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 11 9. AMENDMENT TO SECTION 5.1. Section 5.1 of the Agreement is hereby amended to read as follows: 5.1 Compliance with Service Plan and Applicable Law. At all times the District will comply with the requirements of the Service Plan as it may be amended from time to time. The District further agrees that it will not make any material modification to the Service Plan without first obtaining the City Council’s approval of that modification, as required in CRS Section 32-1- 207. For purposes of this Agreement, a “material modification” shall include, without limitation, any increase in the “Maximum Debt Authorization,” “Maximum Debt Maturity Term” or in the “Maximum Debt Service Mill Levy,” as these terms are defined in the Service Plan. The District’s failure to obtain the City Council’s approval shall be deemed an Event of Default under Sections 18 and 19 hereof. To the extent authorized by its Service Plan, the District may design, construct, finance, own, acquire, maintain, and operate Eligible Improvements in accordance with all applicable laws, ordinances, standards, policies, and specifications of the State of Colorado, the City, and any other entity with jurisdiction. The City and the District agree that this First Amendment shall not constitute a material modification to the Service Plan and shall be incorporated into the definition of “Redevelopment Agreement” in the Service Plan. 10. AMENDMENT TO SECTION 25.5. Section 25.5 of the Agreement is hereby amended to read as follows: 25.5. The City Manager shall have the authority to act on behalf of the City under this Agreement and the Executive Director shall have the authority to act on behalf of the Authority under this Agreement. In exercising such authority, they each may agree to amendments to the Agreement that they, in consultation with appropriate legal counsel, determine are in the best interests of the City and Authority and do not have a significant adverse effect on the City’s or Authority’s financial interests under this Agreement, or result in a significant change to the scope or general character of the Project from that defined in this Agreement. 11. AMENDMENT TO SECTION 26. Section 26 of the Agreement is hereby amended to read as follows: 26. AMENDMENT. This Agreement may be amended only by an instrument in writing signed by all the Parties. Amendments within the authority of the City Manager and Executive Director pursuant to Section 25.5 may be entered into without action of the City Council and Authority Board of Commissioners, respectively. Packet Pg. 268 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 12 12. VALIDITY OF REMAINING PROVISIONS. All provisions of the Redevelopment Agreement that are not expressly amended herein shall remain in full force and effect and continue to bind the parties thereto. IN WITNESS WHEREOF, this Amendment is executed by the Parties as of May __, 2014. FORT COLLINS URBAN RENEWAL AUTHORITY _____________________________________ Gerry Horak, Vice Chairperson ATTEST: _____________________________ Darin Atteberry, Executive Director Notice Address: Fort Collins Urban Renewal Authority 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Attention: Darin Atteberry, Executive Director Email: datteberry@fcgov.com Packet Pg. 269 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 13 CITY OF FORT COLLINS, COLORADO By: Gerry Horak, Mayor Pro Tem (SEAL) ATTEST: _______________________ Wanda Nelson, City Clerk APPROVED AS TO FORM _______________________ Carrie Mineart Daggett, Deputy City Attorney Notice Address: City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522 Attention: Carrie Mineart Daggett, Esq., Deputy City Attorney Email: cdaggett@fcgov.com Packet Pg. 270 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 14 FOOTHILLS METROPOLITAN DISTRICT _________________________________ ATTEST: ________________________, President _____________________________ Secretary Notice Address: c/o White, Bear and Ankele, P.C. The Streets at Southglenn 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Kristen Bear Email: kbear@wbapc.com Packet Pg. 271 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 15 WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company By: Foothills Alberta Management, LLC, a Colorado limited liability company Its: Authorized Agent By: ____________________________ Donald G. Provost Its: Manager Notice Address: Walton Foothills Holdings VI, L.L.C. 5750 DTC Pkwy, Suite 210 Greenwood Village, CO 80111 Attention: Donald G. Provost Email: dgp@albdev.com With a copy to: Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 Attention: Carolynne C. White, Esq. Email: cwhite@bhfs.com Packet Pg. 272 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager Mike Calhoon, Parks Supervisor SUBJECT Items Relating to the West Nile Virus Management Plan. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 063, 2014, Appropriating Prior Year Reserves in the General Fund to Fund Enhancements to the Fort Collins West Nile Virus Management Program for the 2014 Season. B. Discussion of West Nile Virus Management Plan Options. Ordinance No. 063, 2014, unanimously adopted on First Reading on April 15, 2014, appropriates funds to execute the city’s West Nile Virus Management Program. Additional funds, amounting to $75,100, are appropriated to enhance the public outreach program, increase the city’s larval control boundary and allow for a more flexible larval control season. Staff also seeks Council input as to which options it prefers to consider adding to the West Nile Virus Management Plan. Options include Technical Advisory Committee recommendations for an opt-out program, implementation of zones, updates to the operational guidelines, and the Advisory Panel process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. Staff recommends approval of options that would remove the use of human cases as a threshold for action in the operational guidelines but maintain the vector index threshold at the current level of 0.75; adopt a four (4) zone adulticide application approach; implement an opt-out for impacted businesses with education and maintain the pesticide sensitivity registry opt-out; and TAC recommended improvements to the Advisory Panel with the option to allow "current or former" City administrative board or commission member participation. BACKGROUND / DISCUSSION Background West Nile Virus has been in Colorado since 2002 and the threat of disease transmission is now an annual concern. West Nile Virus is a disease transmitted to humans by Culex mosquitoes, which are the vector (source of transmission). West Nile Virus (WNV) infected mosquitoes infect birds, which can then be bitten by many uninfected mosquitoes, greatly amplifying vector abundance. Most people infected with WNV will have no symptoms. About 1 in 5 (20-25 percent) people who are infected will develop a fever with other symptoms. Less than 1 percent of people who are infected will develop a serious neurologic illness such as encephalitis or meningitis (inflammation of the brain or surrounding tissues). (Centers for Disease Control and Prevention Division of Vector-Borne Diseases (CDC DVBD) information) Packet Pg. 273 Agenda Item 16 Item # 16 Page 2 Fort Collins utilizes the Centers for Disease Control and Prevention (CDC)-recommended Integrated Pest Management (IPM) approach to address WNV. IPM consists of a comprehensive series of evaluations, decisions and controls to pest management with the goal of providing the safest, most effective, most economical, and sustained remedy. IPM reduces the risk from pests while also reducing the risk from the overuse or inappropriate use of hazardous chemical pest-control products. Every year the City convenes a WNV Technical Advisory Committee (TAC) to review the previous season’s activities and recommend modifications to the WNV Management Program Policy. This plan, do, check, act (PDCA) cycle instills continuous improvement in the WNV Management Program. Technical Advisory Committee (TAC) Information Since the arrival of WNV in Fort Collins in 2003, the City has used community expertise to inform its WNV Management Program. In 2007, the TAC was formed at the direction of the City Manager. Volunteers are appointed by the City Manager and provide feedback on the WNV Management Program. The current program design - program response guidelines, three-member Advisory Panel and other policies have been developed through the TAC evaluation process. Each year the TAC convenes to review and consider modifications to the program. In the winter of 2013, the TAC membership expanded to ten members, to include Meghan Williams, co-owner of Spring Kite Farms, and Dana Kunze, founder of the No Spray Fort Collins Facebook site. These new members added additional important perspectives representing urban agriculture, beekeepers, and citizens with pesticide sensitivities. Other TAC members include Lars Eisen, Boris Kondratieff, Dr. Adrienne LeBailly, Eric Levine, Greg McMaster, Chester G. Moore, Roger Nasci and Elizabeth Pruessner. While not representing their employers on the TAC, members include internationally recognized experts on vector-borne diseases, entomology and public health issues. The TAC has held eight (8) regular public meetings since December 2013. Each meeting has been two hours, included a public comment period and had publicly available agendas and minutes. Discussion has included a review of the 2013 program response guidelines, the issue of adulticide applications and the City’s draft program manual. TAC members recommended improvements to the West Nile Management Program including additional public communication, increasing the larval control boundary, additional funding to allow for a weather-based larval control program, leveraging existing resources for source reduction, and engaging governmental entities through a Vector Control District. Recommendations Matrix Staff Recommendation Option 1 Option 2 Option 3 Option 4 Program Response Guidelines Remove human cases as threshold and maintain the vector index at 0.75 Maintain as-is Remove human cases as threshold Raise vector index threshold (currently 0.75) Lower vector index threshold Opt-out program Implement opt-out for businesses with education AND pesticide sensitivity registry Agenda Item 16 Item # 16 Page 3 Zones Implement four zones in 2014 No zones, entire City is one “zone” Three to four zones Seven zones Flexible zones defined by areas with high infected mosquito rates Advisory Panel Adopt TAC recommendations and allow “current and former” City Board and commission members Adopt TAC consensus recommendations Implement a term limit to the Advisory Panel Allow “current or former” City Board and commission members to participate Program Response Guidelines Staff Recommendation Option 1 Option 2 Option 3 Option 4 Program Response Guidelines Remove human cases as threshold and maintain the vector index at 0.75 Maintain as-is Remove human cases as threshold Raise vector index threshold (currently 0.75) Lower vector index threshold TAC members discussed several issues related to the program response guidelines - the document which establishes thresholds for specific actions in City mosquito control operations. The program response Agenda Item 16 Item # 16 Page 4 significantly after a person is bitten by an infected mosquito. Given the disease-prevention purpose of the program, this means an outbreak could occur at least two weeks before the City could take action. Human case thresholds lag more than other information - the vector index is calculated weekly and so it is a better estimation of virus risk to residents. A great deal of TAC discussion focused on Levels III and IV of the administrative program response guidelines- the peak season and emergency level responses - where an operational response might include an adulticide application. At Level III, the framework includes the use of human cases as a threshold. The Level III program response guideline language requires: More than one human case being reported per week in Fort Collins - OR - More than one positive human blood donor reported for the season. -AND- Culex mosquito populations increasing and at or above historical average by 1 standard deviation for that time period- OR - Mosquito infection rates of > 3.0 per thousand (0.3 percent) and increasing - OR - Vector index > 0.75 and increasing Additionally, the TAC reviewed the use of blood donor cases - the program response guidelines specify the use of one transmission identified by a blood donor per season as a threshold. TAC members noted that this indicator does not reflect community virus amplitude or local activity mainly because of the frequency of blood drives in Fort Collins during the WNV season. Additionally, a different test is used for donated blood than is used to diagnose WNV and the test is only effective a short time after infection. Some TAC members favor eliminating this indicator or having a weighted ranking for use in decision-making. Raise vector index (VI) threshold The vector index (VI) is a measure calculated to estimate the average number of WNV-infected mosquitoes collected per trap night (i.e., summation of the average number Culex mosquitoes collected per trap night and the proportion infected for each species). Fort Collins uses a 0.75 vector index in its current program response guidelines to determine the threshold when a WNV outbreak may be occurring. The vector index had been 0.5 from 2007 to 2012 but, as part of the annual program evaluation (PDCA), a decision was made to raise the index in 2013 to 0.75. The decision to raise the index threshold increases community risk of virus transmission by requiring a higher abundance of infected mosquitoes before a pesticide intervention. The TAC discussed raising the vector index even further - to 1.0. Lowering the vector index (VI) threshold) Lowering the vector index from 0.75 to 0.5 was recommended by the Larimer County Health Department Director. Lowering this threshold would make it easier to use adulticide when it would be most effective to reduce the risk of disease transmission to humans. The 0.50 vector index was used as the threshold in the Fort Collins program from 2007 to 2012. Some TAC members expressed concern that lowering the threshold would result in more adulticide applications in Fort Collins. Staff recommendation Staff recommends removing from the program response guidelines a requirement for the use of human cases as a threshold and to maintain the vector index at 0.75. This recommendation is consistent with the Management Policy to execute a program that reduces the incidence of City residents contracting WNV. Removing human cases will make the City’s response to a disease outbreak faster and, in concert with the Packet Pg. 276 Agenda Item 16 Item # 16 Page 5 zone approach, could mean that a response would swiftly target the specific area(s) where WNV-infected mosquitoes are high. MOTION OPTIONS Human Case and Vector Index Thresholds, and Program Response Guidelines 1. The motion language to propose Council action based on the staff recommendation to remove human cases as a mandatory threshold is item 3.a. on the Sample Motions (Attachment 8); 2. The motion language to propose Council action to raise the vector index is item 3.b. on the Sample Motions attachment; 3. The motion language to propose Council action to lower the vector index is item 3.c. on the Sample Motions attachment. 4. The motion language to propose Council action to direct the City Manager to present an amended West Nile Virus Management Policy that includes Program Response Guidelines is item 3.d. on the Sample Motions attachment. Opt-out program Staff Recommendation Option 1 Option 2 Option 3 Option 4 Opt-out program Implement opt-out for businesses with education AND pesticide sensitivity registry No opt-out at all Pesticide Sensitivity Registry opt- out only Opt-out registered businesses with education Voluntary opt- out with education TAC members were unable to reach a consensus on a recommendation for an opt-out program. While many states have passed laws preventing anyone from excluding themselves from a pesticide application a simple headlines search shows that there is a growing national movement of people seeking to opt-out of community- wide pesticide spraying. Voluntary opt-out The concept for a voluntary program came from a TAC member who cited that private property is sprayed with a pesticide without providing citizens the option as to whether they wished to participate. As suggested by that TAC member, in order to participate in the voluntary program a resident would have a backyard consultation with City staff about source reduction actions that could be taken, complete additional education either through a group class or through video education, and receive a one-year opt-out from adulticide applications. Other TAC members expressed concern that while the education would be helpful in preventing backyard larval sites, the voluntary opt-out from adulticide applications will create untreated harborage for infected mosquitoes that can extend significantly beyond the boundaries of the “opted-out” property, decreasing the effectiveness of spraying and putting neighbors at risk of contracting WNV without their consent. Allowing a voluntary opt-out creates an impact to neighbors – the City’s current policy is to provide a 300-500 foot buffer for pesticide sensitive households – that could range from 10 neighboring homes in less dense areas and up to 100 homes in densely populated areas. TAC discussion also questioned whether an opt-out program would actually result in no pesticide impacting a residents’ property given the aerosolized pesticide and weather patterns that disperse the adulticide. This option would require hiring one more technician to perform inspection and education throughout the annual season. Packet Pg. 277 Agenda Item 16 Item # 16 Page 6 Business opt-out The TAC representative for urban agriculture described concerns of food producers - that covering even small farms to protect them from being sprayed with a pesticide is not feasible. Fort Collins has twenty-six (26) registered community supported agriculture (CSA) farms producing fruit, vegetables and herbs for sale at Farmers Market, wholesale and farm stand. TAC members also described a similar challenge in covering bee hives used both for personal use and for sale. Bees are susceptible to the pesticide sprayed in an adulticide application but the City attempts to minimize impacts to bees by spraying after dusk when most bees are back in the hive. Still, TAC members expressed concern that best management practices for beekeepers to protect their hives do not exist. Staff has committed to working with CSU and others to develop a suite of best management practices for beekeepers. Staff is also aware that some research laboratories at CSU may be impacted by spraying near campus buildings. One option for an opt-out is for registered businesses - agriculture, beekeepers, and research facilities - to prevent interference with those businesses. This option would also require each business to participate in source reduction and personal protection education. Businesses would need to demonstrate a direct, long-term financial hardship from the pesticide application in order to participate in the opt-out - the intent of the opt-out is to provide relief from financial losses. While additional work would be needed to develop the exact parameters of this opt-out, the intent is to address concerns about impacting scientific research and anecdotal evidence that consumers are less willing to purchase produce when they know that a farm has been subject to a pesticide application. This option would also require an additional technician to perform inspection and education throughout the annual season. Some TAC members questioned whether the commercial interests of a business outweigh increasing disease transmission risks to entire neighborhoods of the city. Pesticide Sensitivity Registry opt-out The current program allows only those registered on the state’s pesticide sensitivity registry to opt-out of an adulticide application. To be placed on the state’s registry a certificate must be signed by a physician licensed to practice medicine in the State of Colorado stating that you have a medical condition that makes you sensitive to pesticides. Fort Collins has about 15 homes listed on the pesticide sensitivity registry. Those homes are, depending on weather conditions, provided a 300 to 500 foot buffer where spraying is terminated. Staff works with Colorado Mosquito Control (CMC), the City’s contractor, to ensure that these pesticide sensitive residents are protected. TAC members discussed evidence, depending on density, that providing this opt-out to one home can exclude from 10 to 100 other homes from an adulticide application. Further, there is concern that those excluded from the pesticide application are unaware of their exclusion because the name and residence of those on the pesticide sensitivity registry is confidential. Some TAC members advocated for a notification to all properties excluded from an adulticide application; this may prove operationally not feasible. No opt-out While the City allows applicants to the state’s program to opt-out this is not a legal requirement. The registry maintained by the Colorado Department of Agriculture does not pertain to mosquito spraying, or any pesticide applications other than those made to control pests of lawns, trees and shrubs. The state registry does not prevent application of pesticides but only requires that commercial applicators (like lawn care companies) notify people on the registry 24 hours before an application is made to abutting property (immediately adjacent property that touches yours) so that you can leave for a period of time or make other preparations for the application. TAC members discussed the concept of eliminating any opt-out since Fort Collins is unique in offering a pesticide sensitivity registry opt-out. The argument for no opt-out has to do with efficacy of the adulticide application. A complete adulticide application of the spray area ensures that more adult mosquitoes carrying WNV are killed, reducing the likelihood of disease transmission. With an opt-out it is possible for more mosquitoes to avoid the pesticide. Packet Pg. 278 Agenda Item 16 Item # 16 Page 7 Staff Recommendation Staff recommends maintaining the use of an opt-out for residents on the pesticide sensitivity registry and to add an opt-out for specific businesses that may experience financial loss from adulticide applications. The intent of these opt-outs is to cover those individuals with a medically-identified reason to avoid exposure and to limit business impact to farmers, commercial beekeepers, and some research laboratories. This recommendation follows with the Management Policy direction to “limit adverse human health impacts.” MOTION OPTIONS Residential and Business Opt-Outs 1. The motion language to propose Council action based on the staff recommendation for a pesticide- sensitive registry opt-out is item 1.a.i. on the Sample Motions (Attachment 8); 2. The motion language to propose Council action based on the staff recommendation for a business hardship opt-out is item 1.a.ii. on the Sample Motions attachment; 3. The motion language to propose Council action to provide a voluntary opt-out with condition of specific education is item 1.a.iii. on the Sample Motions attachment. Treatment Zones Staff Recommendation Option 1 Option 2 Option 3 Zones Implement four zones in 2014 No zones, entire City is one “zone” Three to four zones Seven zones TAC members discussed the use of zones in implementing the City’s WNV Management Program. Generally, the TAC supports the concept of using zones. Breaking the City into smaller areas using topographic and historical program data could create a more effective WNV Management Program. Historical information indicates that mosquito activity is usually highest beginning in the southeast of Fort Collins and along the eastern border - near I-25. A zone approach could allow for additional public information, larval control, source reduction efforts, and adulticide intervention in these areas. In developing the zone approach the TAC reached out to a Colorado State University (CSU) statistician who may be able to assist TAC members in designing the optimal number and size of zones to ensure that the zones are small but still have enough of traps within each zone to be statistically confident in the vector index calculation. The City would be able to affect the number and size of zones based on the number of traps in the field - more traps in the data network could result in more, smaller zones. Each zone would be subject to the same program response guideline thresholds before an adulticide application would be recommended to break the transmission cycle. A potential downside for using zones is that some areas of town could be subject to more frequent annual adulticide applications whereas other areas might never be sprayed. Some TAC members have expressed that spraying a smaller area more often is not a preferable alternative to spraying the larger area less often. Other TAC members have expressed that it makes sense to do control in a timely manner where the risk of WNV is highest, possibly decreasing the need to spray larger areas. One Zone (entire city) This option does not implement zones for 2014. The reason this option is being offered is that the TAC has not yet received information from the CSU statistician about the appropriate zone configuration. Adopting one zone could mean citywide adulticide applications if necessary in 2014. Applying the program citywide is less responsive to the vector index and mosquito trap data and limits the ability to provide a targeted response to hot spots. This option could result in a larger area to be subject to a pesticide application. Packet Pg. 279 Agenda Item 16 Item # 16 Page 8 Three to Four Zones The initial recommendation from the CSU statistician - without analyzing the program details - was for three to four zones. While the statistician has not delivered a detailed recommendation, this option divides the City into three to four zones based on historical data. Adopting zones would apply to all aspects of the program, not just a pesticide application, allowing targeted communication and larval control in areas where the data network demonstrates higher human health risks. The three to four zones would reduce the area subject to an adulticide application, focus the program on areas with a high vector index number, and allow for prompt response to an increased disease transmission risk. Seven Zones The Larimer County Health Department presented the TAC with 2013 data in seven zones. This was suggested to make it easier to calculate vector indexes for defined areas. The zones are smaller geographic areas (approximately 9,000 to 45,000 people) and using this strategy could mean the City would be applying adulticide primarily where the infected mosquito populations are highest. There are parts of Fort Collins that may be sprayed more often due to the presence of more infected mosquitoes in those areas, while other zones would be only sprayed during outbreak scenarios because their vector index historically has been low. Flexible Zones The concept of “flexible zones” was discussed by the TAC with several members in support. Flexible zones could move each week to ensure the highest risk areas are appropriately treated. This option would work best after consultation with the CSU statistician to determine the appropriate number of traps necessary to calculate a statistically valid vector index. Some work will have to be done to determine the right size - both how large a zone could get and what parameters for changing the area considered. This approach was used in 2004, 2007, and 2012 but calculating the vector index for varying zones was challenging since the calculation may use different trap locations each time. Finally, the flexible zones could be challenging to communicate with residents - rather than residing in a set zone, each spray operation a resident might have to search for their address and whether it is going to be in the adulticide application area. Flexible zones would be an option to explore for future implementation but are not a staff recommendation for the 2014 season. Staff Recommendation Staff recommends adopting a zone strategy in 2014 while a more formal review of the use of zones continues. Zones allow a more targeted application of City’s program and specifically the program response guideline thresholds. Staff proposes four zones - using College Avenue and Drake to divide the City into quadrants. Historical data demonstrates that some areas of Fort Collins have higher activity than others - these areas might be subject to an adulticide application more often. The use of a four (4) zone approach reduces the size of the zones and therefore the area subject to an adulticide application. MOTION OPTIONS Treatment Zones 1. The motion language to propose Council action based on the staff recommendation to create four (4) treatment zones is item 1.b.i. on the Sample Motions (Attachment 8); 2. The motion language to propose Council action based on the Larimer County Health Department suggestion to create seven (7) treatment zones is item 1.b.ii. on the Sample Motions attachment. Packet Pg. 280 Agenda Item 16 Item # 16 Page 9 Advisory Panel Staff Recommendation Option 1 Option 2 Option 3 Advisory Panel Adopt TAC recommendations and allow “current or former” City Board or Commission members Adopt TAC consensus recommendations Implement a term limit to the Advisory Panel Allow “current or former” City Board or Commission members to participate The WNV Management Program and Policy stipulate the use of a three-member Advisory Panel in weekly review of in-season data and in evaluating the Larimer County Health Department's recommendations for an adulticide application. The City Manager’s practice has been to appoint the Panel members from the Natural Resources Advisory Board, Air Quality Advisory Board and the Fort Collins medical community. Eliminating the Advisory Panel completely would require a City Council action to amend the existing West Nile Virus Management Policy. TAC members achieved consensus recommendations about the Advisory Panel as follows: Staff should develop a brief Advisory Panel Manual to clarify roles and responsibilities Advisory Panel information should be transparent Panel members should participate in the TAC meetings Transparency was a very important issue to the TAC; members recommended ensuring weekly virus activity provided to the Panel, the adulticide recommendations from the Larimer County Health Director and the Panel recommendations to the City Manager be published on the City’s website. Term Limits Service on City boards and commissions is generally term limited to two terms, under the City’s Boards and Commissions Manual, which effectively imposes a term limit on two of the three Advisory Panel members under the City Manager’s present practice of appointing to City board members to the Advisory Panel. This same term limit has not been applied to the representative of the medical community, through this interpretation is not yet written into the WNV Management Plan or Policy. TAC members discussed whether a term limit on the Advisory Panel is a good thing. Generally, institutional knowledge of the program is helpful in reviewing the data and making a recommendation to the City Manager. Rather than establishing a uniform term limit, the TAC discussed altering the Policy as applied and documenting in the WNV Management Policy that “current or former” members of the two boards may participate, irrespective of prior or ongoing terms of service with those other administrative bodies. Panel Make-up In addition to the consensus suggestions, the TAC discussed how to foster a succession plan for the Advisory Panel. This concept was raised in conjunction with the term limits topic. A suggestion was made that the Panel should consist of two members of the boards and two medical community members enlarging the Advisory Panel - but that only one “vote” would be offered to each cohort pair. This might be a method to develop some depth in understanding for future members of the Advisory Panel. Packet Pg. 281 Agenda Item 16 Item # 16 Page 10 Staff Recommendation Staff recommends adopting the consensus items from the TAC regarding the Advisory Panel and choosing to engage experienced Advisory Panel members by lifting de facto term limits on Boardmember participation and adopting qualification language to allow “current or former” board or commission members in order to allow informed and experienced Advisory Panel members the option to continue their service without formal term limits. This will enable the Air Quality Advisory Board and the Natural Resources Advisory Board to have an opportunity for consultation with their Advisory Panel representative, while broadening the potential Panel pool. MOTION OPTIONS Advisory Panel Composition 1. The motion language to propose Council action based on the staff recommendation to eliminate Advisory Panel term limits is item 2.a. on the Sample Motions (Attachment 8); 2. The motion language to propose Council action to direct the City Manager to appoint current or former City advisory board members to the Advisory Panel is item 2.b. on the Sample Motions attachment; 3. The motion language to propose Council action to direct the City Manager to appoint current or former Natural Resources Advisory Board and Air Quality Advisory Board members is item 2.c. on the Sample Motions attachment. Additional Topics Bees TAC members recommended development of best management practices for beekeepers so they can protect hives from pesticide applications. Several TAC members keep bees and conversation on this topic indicated that knowledge and experience on hive protection varies. Given the presence of CSU expertise as well as Agriculture Extension and other resources, staff was asked to help convene development of best practices and to ensure publication of these recommendations. Program Evaluation TAC members recommended the City invest in an unbiased third-party expert to review the City's existing program and recommend enhancements. This recommendation was for an audit to include having a person work on optimal zone sizes, review the chemicals used in adulticide, evaluate the larval control program, develop a weighted program response guideline (the California model) and to evaluate detailed options for an opt-out program. This recommendation could come forward as a BFO enhancement offer. Integrated Pest Management (IPM) Manager position TAC members expressed support for funding an IPM Manager position. An offer was submitted through Budgeting for Outcomes (BFO) for a position with responsibilities to include working with various departments to holistically reduce pesticide and herbicide use throughout the City. That offer is anticipated to come from Environmental Services and address more than just WNV management. This offer will have to advance through BFO before a staff person could be employed. FINANCIAL / ECONOMIC IMPACTS Adoption of Ordinance No. 063, 2014 will appropriate $75,100 for program enhancements. Adoption of certain WNV Management Program options may incur additional expenses by requiring additional staff to perform certain activities. Packet Pg. 282 Agenda Item 16 Item # 16 Page 11 ENVIRONMENTAL IMPACTS Applying a pesticide in some or all of Fort Collins represents an environmental impact. This budget appropriation is anticipated to reduce the likelihood of needing an adulticide as well as larvacide application in the City. The larval control product used is deemed to have a low environmental impact but it does reduce the abundance of mosquito larvae which has a cascading impact on species which feed upon larvae and adult mosquitos. BOARD / COMMISSION RECOMMENDATION Staff has presented the 2014 season recommendations to the Parks and Recreation Board, Air Quality Advisory Board and to the Natural Resources Advisory Board for comment. ATTACHMENTS 1. First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (PDF) 2. July 2008 WNV Management Policy (PDF) 3. 2013 WNV Program Response Plan (PDF) 4. Role of WNV Advisory Committee (PDF) 5. Map of HOAs That Spray (PDF) 6. Program Manual, March 2014 (draft) (PDF) 7. Powerpoint presentation (PDF) 8. Sample Motions (DOCX) 9. Ordinance No. 063, 2014 (PDF) Packet Pg. 283 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager Kelly DiMartino, Assistant City Manager Mike Calhoon, Parks Supervisor SUBJECT First Reading of Ordinance No. 063, 2014, Appropriating Prior Year Reserves in the General Fund to Fund Enhancements to the Fort Collins West Nile Virus Management Program for the 2014 Season. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to execute the City's West Nile Virus Management Program. Additional funds are sought to enhance the public outreach program, to increase the City's larval control boundary and to allow for a more flexible larval control season. In total, funds requested add $75,100 to the program budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This budget appropriation would fund public education and outreach materials as well as larval management for the City's West Nile Virus Management Program. The additional funds support education and mitigation efforts aimed at reducing the likelihood for a pesticide application. Fort Collins' West Nile Virus Management Program uses an integrated pest management (IPM) approach which prioritizes steps that reduce the use of pesticides. The City's program emphasizes education and public information, source reduction on public and private property, and larval management ahead of a pesticide application. This appropriation reflects consensus items from the City's West Nile Virus Technical Advisor Committee (TAC) which has met from December through April, discussing ways to improve the operation of the City's program. In addition to the two areas of budget appropriation, the 2014 season will also include additional source reduction measures in cooperation with City staff groups - backyard inspections, planning and zoning, and Utilities - and with County and CSU Extension staff. The education and outreach appropriation is $17,500 and will enhance the current program. The budget enhancements will allow the City to promote its message, develop additional outreach tools and to extend when outreach could occur. It is hoped that this approach will help improve community members' understanding of the risks associated with West Nile virus and the personal protection steps individuals can take. Staff also expects to develop a video series explaining elements of the City's program and to maintain a program manual to further explain the City's program. Larval management is a proven mosquito management approach. The City contracts with Colorado Mosquito Control (CMC) to conduct West Nile virus management, including larval and adult mosquito control. The current larval program is conducted both within City limits and a boundary extending about one (1) mile to the ATTACHMENT 1 Packet Pg. 284 Attachment16.1: First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (West Nile Virus Management Plan Options) Agenda Item 16 Item # 16 Page 2 east outside of Fort Collins. The current season for larval management is limited by the program budget to June 1 to August 31. This budget appropriation will extend the boundary of larval management outside of Fort Collins' borders from one mile to approximately two to three miles. The appropriation would also fund a more flexible larval management season by allowing extension to April through September. Extending the season provides flexibility to address weather and other observed or anticipated mosquito season conditions. The amount requested in this appropriation for larval control is $23,500 and $34,100 to extend the season. Staff expects to bring additional enhancements to improve the efficacy of the City's West Nile Virus Management Program to Council at the May 6 regular Council meeting. ENVIRONMENTAL IMPACTS Applying a pesticide in some or all of Fort Collins represents an environmental impact. This budget appropriation is anticipated to reduce the likelihood of an adulticide application. The larval control product used is deemed to have a low environmental impact but it does reduce the abundance of mosquito larvae which has a cascading impact on species which feed upon larvae and adult mosquitos. BOARD / COMMISSION RECOMMENDATION Staff has presented the 2014 season recommendations to the Parks and Recreation Board, Air Quality Advisory Board and to the Natural Resources Advisory Board for comment. PUBLIC OUTREACH The recommended budget enhancements are the consensus recommendations of the West Nile Virus Technical Advisory Committee (TAC). The TAC is a group of citizens that have volunteered their time and expertise to review the City's program. TAC members include representatives of the Air Quality Advisory Board, Natural Resources Advisory Board, CSU scientists, a representative from urban agriculture, a representative of the pesticide sensitive registry, and the Larimer County Public Health Director. The TAC held seven (7) public meetings from December to April, discussing the West Nile Virus Program Response Guidelines and the issue of adulticide applications. ATTACHMENTS 1. Larval Program Enhancements to City of Fort Collins Mosquito Control (PDF) 2. 2014WNV Communication description (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 285 Attachment16.1: First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (West Nile Virus Management Plan Options) Packet Pg. 286 Attachment16.2: July 2008 WNV Management Policy (West Nile Virus Management Plan Options) Packet Pg. 287 Attachment16.2: July 2008 WNV Management Policy (West Nile Virus Management Plan Options) Packet Pg. 288 Attachment16.2: July 2008 WNV Management Policy (West Nile Virus Management Plan Options) Packet Pg. 289 Attachment16.2: July 2008 WNV Management Policy (West Nile Virus Management Plan Options) Page 1 of 6 Program Response Guidelines to Mosquito-Borne Arboviral Activity March 2013 Off Season Activities Status: • No human cases occurring • Mosquito activity none to very low • Mosquito infection rates 0 • Vector index 0 Operational Response: 1. Routine post-season analysis of previous season’s data; assess response and efficacy. 2. Analyze and map data from prior years to develop surveillance strategy and select mosquito-trapping sites. 3. No mosquito testing. Communication Activities: 1. Updating of public outreach plan with any new information (e.g. at-risk populations). 2. Update FAQ’s and other information that may be needed if spraying occurs. ATTACHMENT 3 Packet Pg. 290 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) Page 2 of 6 Level I Early Season - June Status: • No human cases reported • Evidence of average or lower than average Culex species mosquito populations (as compared to available historical population data for the area) • Mosquito infection rates < 2 per thousand (0.2%) • Vector index < 0.5 Probability of Human Outbreak: Low Operational Response: 1. Initiate surveillance program. 2. Initiate larval control activities June 1st. 3. Brief City Manager on surveillance activities, mosquito-borne virus epidemiology and trigger points for recommendation of emergency control measures. Communication Activities: 1. Establish communication channels between appropriate City and County staff. 2. Ensure online information is up to date and prepare for ongoing, timely updates. 3. Initiate public education program on mosquito source reduction and risk reduction practices Communication Topics: o West Nile Virus basics o Wear repellent o Eliminate breeding sites Packet Pg. 291 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) Page 3 of 6 Level II Peak Season – July thru August – Low West Nile Virus Activity Status: • Sporadic human cases are being reported • No infected human blood donors have been reported • Culex mosquito populations increasing, but below historical average for that time period • Mosquito infection rate < 2 per thousand (0.2%) • Vector index < 0.5 Probability of Human Outbreak: Low – Moderate Operational Response: 1. Analyze and map surveillance data to identify areas of increased risk. 2. Continue mosquito pool submissions from surveillance program for West Nile virus testing with Colorado State University. 3. Brief City Manager on surveillance findings and need for quick action if activity rapidly increases. 4. Increase larval monitoring and control where necessary. 5. Begin planning for adulticide control in the event that virus activity and Culex populations rapidly rise. Communication Activities: 1. Notify local agencies, media and the public of positive findings. 2. Increase public education activities 3. Continue to regularly update online information, including maps illustrating risk areas. 4. Optional: targeted outreach to high-risk areas including: a. Door hangers b. Online outreach via NextDoor c. Posters and signage d. Coordination with Poudre School District and Colorado State University Communication Topics Overall: o West Nile Virus Basics o Wear repellent o Eliminate breeding sites o WNV policy and spraying decision parameters o How to get notified of mosquito spraying Communication Topics To Targeted Areas: o West Nile Virus risks and symptoms o Wear repellent o WNV policy and spraying decision parameters o How to get notified of mosquito spraying Packet Pg. 292 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) Page 4 of 6 Level III Peak Season – July thru August – Increasing West Nile Virus Activity Status: • More than one human case being reported per week in Fort Collins – OR – • More than one positive human blood donor reported for the season. -AND- • Culex mosquito populations increasing and at or above historical average by 1 standard deviation for that time period– OR – • Mosquito infection rates of > 3.0 per thousand (0.3%) and increasing – OR – • Vector index > 0.75 and increasing Probability of Human Outbreak: High Operational Response: 1. Enhanced communications between City and County regarding positive findings and anticipated response activities. City Manager apprised of threat levels and activities on an ongoing basis. 2. Identify geographic areas, by mapping surveillance data, where virus transmission appears most active. 3. Continue larviciding activities. 4. In the event the Health Department recommends adulticide spraying and the City Manager decides to proceed, commence adulticide operations. Communication Activities: 1. Coordinate press releases and a wide range of other activities to keep the public informed of affected areas, focusing on exposure risk reduction practices and public education of the disease threat. 2. Intensify existing public education activities and initiate public education/information on the adulticide program 3. Notify residents of affected and adjacent areas and people on the subscription notification list. 4. Notify appropriate agricultural interests (i.e. bee keepers, organic growers, etc.) and individuals on the Pesticide Sensitivity Registry of intended adulticiding activities, times, affected areas, etc. Also notify residents in areas that will not be part of the adulticide applications. Communication Topics o West Nile Virus risks and symptoms o Wear repellent o WNV policy and spraying decision parameters o How to get notified of mosquito spraying Packet Pg. 293 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) Page 5 of 6 Level IV Peak Season – July thru August – Emergency Level Status: • Multiple neuroinvasive human cases being reported in Fort Collins - AND – • Culex mosquito populations increasing and at or above historical average by 1 standard deviation for that time period - AND – • Sustained mosquito infection rates of > 5.0 per thousand (0.5%) – OR – • Vector index > 0.75. Probability of Human Outbreak: In progress Operational Response: 1. Expand mosquito surveillance activities (i.e. population densities, vector index and infection rates) to direct mosquito control efforts where risk to exposure is greatest and to monitor pre- and post-adulticide treatment conditions. 2. In the event the Health Department recommends additional adulticide spraying and the City Manager decides to proceed, continue spraying. 3. Secure any needed emergency funding and document costs associated with outbreak control. Communication Activities: 1. Focus as many resources as possible on public education and information; intensify all activities and involve public officials as spokespersons. Consider emergency measures to restrict outdoor activities. 2. Continue public education and information on the adulticide program including pesticides to be used, toxicity, application times, area of application, exposure reduction suggestions, justification, FAQ’s, etc. Notify residents of affected and adjacent areas and people on the subscription notification list. 3. Notify appropriate agricultural interests (i.e. bee keepers, organic growers, etc.) and individuals on the Pesticide Sensitivity Registry of any continued adulticiding activities, times, affected areas, etc. Also notify residents in areas that will not be part of the adulticide applications Communication Topics: o West Nile Virus risks and symptoms o Wear repellent o WNV policy and spraying decision parameters o How to get notified of mosquito spraying Packet Pg. 294 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) Page 6 of 6 Spraying Communication Activities 1. Coordinate communication with Colorado State University and Poudre School District for assistance in communicating spraying activities. 2. Focus all available resources on spraying notification. Communication Topics: o Spraying details: where and when o High quality map (interactive?) o Chemical used o Precautions to take: people, pets, gardens o Opt-out ability o Future spray notifications o WNV policy and spraying decision parameters o Special event contact (i.e., if you are planning a special event outside, please contact PERSON to coordinate spraying activities) PENDING IDEAS UNDER FURTHER INVESTIGATION • GPS tracking and real-time mapping of spray trucks • Mobile app to notify of spraying activities • Interactive online map of searchable addresses and spray zones • Opt-in phone notification system • Advisory Panel Orientation and Communication Packet Pg. 295 Attachment16.3: 2013 WNV Program Response Plan (West Nile Virus Management Plan Options) WNV Advisory Committee 2008 Rational: In 2003 the City began employing a contractor to supply services aimed at mitigating the risk of WNV. In three of the years since then the County Health Department has made a recommendation to utilize adulticides to reduce the WNV risk. The decision on whether or not to adulticide is the responsibility of the City Manager. Any recommendation by the County to adulticide is preceded by a detailed analysis of a number of factors; the recommendation is usually communicated to the City via email. The current process has caught many people off guard and causes concern and a variety of questions. A three-person WNV Advisory Committee, appointed by the City Manager from existing Boards and Commissions members and a member of the medical community would be tasked with staying abreast of unfolding information about mosquito activity, West Nile virus infections, and the many issues that come into play as the season progresses. This effort is coupled with expanded public outreach activities on the part of City and County staff. In the event that a recommendation of adulticiding is potentially forthcoming from the County, a series of updates will be scheduled to ensure all relevant information is promptly distributed. In the event that adulticiding is recommended by the County, the City Manager and the Advisory Committee will be prepared. The intent of the Advisory Committee is not to debate the merits of adulticiding or its’ potential human health effects during an outbreak, but rather to stay aware of the situation, air any questions or concerns, and act as an information conduit between the City Manager and members’ respective Boards. Advisors makeup and role: 1. One representative each from - Air Quality Advisory Board - Natural Resources Advisory Board - Local medical community. 2. Act as local citizen advisors to City Manager during the WNV season 3. Board Liaisons are people with technical expertise who can give timely advice when needed, including emergency situations where adulticiding may be recommended by the Health Department 4. Stay well-informed, abreast of most recent data 5. Act as liaison with respective Board 6. Not decision makers, nor do they have veto power; decisions lie with City Manager Process: 1. Liaisons will be included in informational emails from the Health Department and City staff group. Also expected to access relevant online data sites, e.g. Colorado Mosquito Control dashboard. 2. One meeting held early in season with City Manager; discuss and agree on communication protocols. 3. Advisors stay in touch with City Manager as season progresses, share perspectives 4. Should adulticiding be recommended by Health Department, advisors will immediately (within 24 hours) inform the City Manager of any concerns and/or suggestions. ATTACHMENT 4 Packet Pg. 296 Attachment16.4: Role of WNV Advisory Committee (West Nile Virus Management Plan Options) Lindenwood Greenstone Springs Willow PEasrtaagteosn 0 1 2 3 Miles º Path: K:\ArcMapProjects\Parks\Mosquito\Date: Maps\MosquitoControlHOASelfSpray.April 28, 2014 mxd CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. GIS Self-in Fort Spray Collins HOAs ATTACHMENT 5 Packet Pg. 297 Attachment16.5: Map of HOAs That Spray (West Nile Virus Management Plan Options) ATTACHMENT 6 Packet Pg. 298 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT West Nile Virus Program Manual March 2014 City Manager’s Office 300 Laporte Ave. Fort Collins, CO 80521 970-221-6505 fcgov.com/westnile For additional copies, please download from our website, or contact us using the information above. Packet Pg. 299 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL i Table of Contents EXECUTIVE SUMMARY ..............................1 GOALS AND OBJECTIVES ...........................2 INTEGRATED PEST MANAGEMENT ............3 BACKGROUND ..........................................4 HISTORY OF CITY OF FORT COLLINS WNV PROGRAM .......................................5 2003 ................................................................ 5 2004 ................................................................ 5 2005 & 2006 .................................................. 5 2007 ................................................................ 5 2008 ................................................................ 5 2009, 2010, 2011 ............................................ 6 2012 ................................................................ 7 2013 ................................................................ 7 Partners: Colorado Mosquito Control (CMC), CDC, Larimer County, CSU .......................... 7 PERSONAL PROTECTION ...........................9 EDUCATIONAL & COMMUNITY OUTREACH ............................................. 10 City Staff Education ..................................... 10 Public Education – Video & Electronic ...................................... 10 Other Public Education/ Media Relations ........................................... 10 PROGRAM GUIDELINES .......................... 12 Off Season ................................................... 12 Level 1 (Early Season) ................................. 12 Level 2 (Peak Season with Low Virus Activity) ..................................... 12 Level 3 (Peak Season with Increasing Virus Activity) ........................... 13 Level 4 (Peak Season - Emergency Level) ........................................ 13 WNV Advisory Panel .................................. 14 LARVAL MANAGEMENT ......................... 15 ADULT MOSQUITO MANAGEMENT ........ 17 Surveillance ................................................. 17 Testing ......................................................... 17 Adult Mosquito Control ............................... 17 Individual Precautions ................................. 18 Pesticide Sensitive Registry ......................... 19 CONTINUOUS IMPROVEMENT ............... 20 GLOSSARY ............................................. 22 ATTACHMENTS AND APPENDICES .......... 23 Packet Pg. 300 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) ii DRAFT WEST NILE PROGRAM MANUAL Table of Figures FIGURE 1 – AVERAGE ANNUAL INCIDENCE OF WEST NILE VIRUS NEUROINVASIVE DISEASE, 1999-2012. ................................................................... 1 FIGURE 2 – COLORADO WEST NILE VIRUS HUMAN CASES OCTOBER 18, 2013. ........ 1 FIGURE 3 – PRIMARY WEST NILE VIRUS VECTORS BY REGION ................................. 4 FIGURE 4 - FIGHT THE BITE CAMPAIGN ................................................................... 8 FIGURE 5 - THE FOUR D’S ....................................................................................... 9 FIGURE 6 - DON’T GO NAKED ............................................................................... 10 FIGURE 7 - FCGOV.COM/WESTNILE ...................................................................... 11 FIGURE 8 - SPRAY MAP ........................................................................................ 18 FIGURE 9 - PESTICIDE SENSITIVE REGISTRY ........................................................... 19 FIGURE 10 - ANNUAL STEPS FOR PLAN, DO, CHECK & ACT .................................... 20 FIGURE 11 – SPRAY DECISION CHART ................................................................... 21 Packet Pg. 301 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 1 Executive Summary West Nile virus (WNV) is a serious health threat to the residents of Fort Collins. The virus is spread to humans when they are bitten by a mosquito that is infected with the virus. Since the virus is now endemic to the area it requires diligence in staying abreast of the intensity of the virus to prevent long-term effects on the residents. The City of Fort Collins employs an Integrated Pest Management (IPM) approach in responding to the threat of WNV in the community. IPM is the recommended strategy for mitigating the risk of human exposure to WNV by the Environmental Protection Agency (EPA) (epa.gov/pesticides/factsheets/ipm.htm) and the Centers for Disease Control (CDC). (cdc.gov/westnile/resources/pdfs/wnvguidelines.pdf) IPM is a common-sense approach that is based on setting thresholds for action based on levels of risk, and on using a variety of evidence-based interventions to maintain risks at low levels. A key strategy used throughout the history of the program is leveraging local partnerships with individuals and organizations. Initially working with the Larimer County Department of Health and the Environment was a key first step in developing a comprehensive approach to a response of WNV in the community. The proximity of the Centers for Disease Control (CDC) Fort Collins branch, whose specialty is insect-transmitted diseases, and Colorado State University (CSU) provides access to individuals who volunteer as private citizens, but are also national and international experts in the field of managing mosquito-transmitted diseases. In 2007, at the City Manager’s direction a Technical Advisory Committee (TAC) formed to assist with policy development and review of the WNV Management Program. This brought together many of these content experts and concerned citizens to vet the process. The TAC expanded in 2013 with the addition of two individuals who represent the urban farming community and No Spray Fort Collins Facebook page. FIGURE 1 – AVERAGE ANNUAL INCIDENCE OF WEST NILE VIRUS NEUROINVASIVE DISEASE, 1999-2012. Source: Centers for Disease Control and Prevention FIGURE 2 – COLORADO WEST NILE VIRUS HUMAN CASES OCTOBER 18, 2013. Source: Colorado Department of Public Health and Environment In 2013, Larimer County recorded 97 cases. Packet Pg. 302 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 2 DRAFT WEST NILE PROGRAM MANUAL Goals and Objectives The goal of the WNV Management Program is to reduce the risk of human WNV infection while limiting adverse human health and environmental impacts. This goal recognizes there are trade-offs between program efforts to prevent human infection and adverse human health and environmental impacts, as well as the need to balance other human health risks and societal programs. Several mosquito species in the area bite humans but cannot transmit WNV. The city’s mosquito management program is limited only to trying to control those mosquito species (Culex) that transmit WNV disease. The City does not provide management for nuisance mosquitoes. The objective is to provide control of the Culex species of mosquitoes in the most cost effective and efficient manner in order to reduce the threat of WNV transmission in the community. Preventing human cases of West Nile virus disease is the shared responsibility of government agencies and the individuals those agencies serve. The City of Fort Collins is responsible for: 1. Developing, implementing, and evaluating a comprehensive WNV Management Plan based on established principles of Integrated Pest Management. 2. Coordinating intra-agency (within City departments) and interagency resources and efforts to maximize the efficacy of the City’s Plan. 3. Providing an annual report on the mosquito control strategies implemented by both the City and its mosquito control contractor during the previous mosquito season. 4. Operating with transparency to the public and providing opportunities for public comment regarding the City’s WNV Management Plan. Fort Collins residents are responsible for: 1. Taking personal protection measures (The 4 Ds, described on pg. 8) to avoid contracting WNV Disease. 2. Reporting areas of standing water that may serve as mosquito breeding sites. 3. Participating in the public process regarding the City’s WNV Management Plan. Packet Pg. 303 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 3 Integrated Pest Management The major principals of IPM are as follows: 1. Set Action Thresholds: Determine a point at which pest populations or environmental conditions will trigger control efforts. 2. Monitor and Identify Pests: Identify which pest species are present in a given environment and monitor pest populations to determine when an action threshold has been reached. 3. Prevention: Manage site conditions to minimize the likelihood of a given pest becoming a threat. 4. Control: Initiate control efforts if action thresholds are reached. An integrated pest management approach dictates that the safest and most environmentally-friendly management strategies are used first and stronger, more invasive strategies are used only if initial efforts are unable to control the pest below levels deemed acceptable. This strategy incorporates many tools for reducing the risk of WNV in the community. The tools available at this time are: personal protection education communication strategies source reduction mapping site inspections larviciding monitoring trapping testing adult mosquito spraying Culex mosquito, which carries and spreads the West Nile virus disease. Packet Pg. 304 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 4 DRAFT WEST NILE PROGRAM MANUAL Background WNV is a virus transmitted by infected mosquitoes. The virus can cause symptoms ranging from flu-like conditions to encephalitis (inflammation of the brain) or meningitis (inflammation of the lining of the brain and spinal cord), resulting in long-term effects up to and including death. The virus was first discovered in Uganda in 1937, but it did not appear in the United States until 1999. In 2002, the virus was first detected in Colorado, with 380 equine cases and 13 human cases reported along the Front Range. In 2003 West Nile virus hit the Fort Collins area and northeastern Colorado particularly hard. That year, Larimer County had 546 reported cases and 10 deaths, while Colorado led the nation with 2,947 cases and 66 WNV-related deaths (CDPHE 2010). Even though there are 65 species of mosquitoes that can carry WNV in the United States, there are three varieties that drive the transmission of the virus to humans. In Fort Collins two of the three species occur and can be common. These are the Culex tarsalis and Culex pipiens. Prior to 2003, the City of Fort Collins did not provide mosquito control for residents. The WNV program philosophy is to reduce the risk of human disease from WNV, and there is no intention to provide control of nuisance mosquitoes not associated with WNV transmission. Mosquitoes are an important part of the food chain for many insects and animals and by limiting control efforts to the species of concern the impact on the environment will be minimized. This strategy also helps reduce the cost and potential negative impacts of pesticides on the environment and the community. WNV will appear annually in Fort Collins during the mosquito season. FIGURE 3 – PRIMARY WEST NILE VIRUS VECTORS BY REGION Source: Centers for Disease Control and Prevention Packet Pg. 305 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 5 History of City of Fort Collins WNV Program 2003 Although West Nile virus was detected in this area in horses and birds in 2002, the first human cases of West Nile virus in Fort Collins were reported in 2003. Anticipating a possible human outbreak, the City contracted with Colorado Mosquito Control in 2003 to do an extensive adult mosquito trapping and surveillance system to monitor Culex mosquitoes throughout the city. Unfortunately, testing of the trapped mosquitoes could not be done in real time, but the CDC offered to test all Fort Collins and Loveland mosquitoes trapped that summer, after the season was over, as part of their WNV research. As the number of reported human cases began to rise rapidly, the City responded under Council direction to mitigate its spread through control of the mosquitoes that carried it. Council passed an emergency declaration, Resolution 2003-097. The emergency program in 2003 was composed of stormwater catch basin larviciding citywide and adult mosquito spraying of about a quarter of the city to reduce WNV-infected mosquitoes. The mission of the Fort Collins West Nile Virus program at its inception was, and still is, to reduce the human impact of West Nile Virus while balancing costs and social and environmental impacts. Since 2003, the City has invested in outreach efforts to educate residents on the importance of personal protection. In early 2004 the CDC released their analysis of the city’s mosquito infection rates compared to the human case onsets, as well as a limited analysis of the sprayed vs. unsprayed areas of the city to examine the effectiveness of the adult mosquito control efforts. 2004 In 2004, WNV program guidelines were put into place via resolution 2004-082. This resolution focused on the relationship among the City, Board of Health and the WNV program response plan. During this year there was also an ad hoc group of concerned residents and representatives from the Air Quality Advisory Board and the Natural Resources Advisory Board that convened to provide feedback on the WNV response. 2005 & 2006 Both years were relatively quiet for WNV activity. There were mosquitoes that tested positive in both years, but the monitoring system supported by the City showed that the virus did not amplify as in the previous two years. 2007 WNV was more active in 2007, causing another human outbreak and leading to citywide spraying for adult mosquitoes. As in previous years, some residents were concerned about the impact of spraying on human and environmental health. At the conclusion of 6 DRAFT WEST NILE PROGRAM MANUAL Agriculture (USDA) with expertise in mosquito- transmitted diseases and local ecosystems, though they did not serve as official representatives of the federal government. These individuals brought additional expertise to the group, but were acting as private citizens. City Council charged the TAC with developing policy recommendations for a WNV mitigation policy. The committee’s recommendations were the foundation for comprehensive program guidelines for an Integrated Pest Management approach to preventing human cases of West Nile virus disease. On July 1, 2008, the TAC’s policy recommendations were enacted by City Council. Resolution 2008-062 became the WNV management policy, which still guides the program today. The resolution included program response guidelines for integrated pest management, including thresholds and actions. One main program element is for the TAC to meet regularly during the winter and spring months to review the program response guidelines and make recommendations to Council for continuous program improvement. Regardless of the West Nile Virus prevalence in any particular season, the TAC convenes every year to review the data. The committee examines what parts of the season were most active, forecasts the next season, and explores new research and techniques. In the spring, the TAC studies weather patterns, arranges schedules and plans for the season. During the off-season, the committee reviews other parts of the program, such as public outreach and larviciding. Another group created by the WNV management policy is the WNV Advisory Panel. The panel consists of three members representing the medical community, the Air Quality Advisory Board and the Natural Resources Advisory Board. They commit to stay current with all information shared during the season and to act as a conduit for this information to be disseminated to their groups. If the County Department of Health Director makes a recommendation to spray adulticides, the panel members provide feedback to the City Manager regarding their agreement or disagreement with the recommendation, including its justification. In 2008, the CDC provided its last year of free testing of adult mosquitos for WNV, which forced the program to plan for an alternative vendor to provide this service. 2009, 2010, 2011 These three years had relatively low virus activity. There was no adulticiding for three consecutive years, although a significant number of severe WNV human cases occurred in late-season 2009. The TAC did conduct end-of-season reviews each year. In 2009, due to the CDC elimination of testing services, CSU was selected to test for WNV infection in trapped mosquitoes. DRAFT WEST NILE PROGRAM MANUAL 7 eliminated along with backyard and stormwater inspections to address the reduction. 2012 2012 was the first year in which adulticide was used by the City since the adoption of the 2008 WNV management policy. Late in the summer of 2012 thresholds were reached and a recommendation to adulticide came from the Larimer County Department of Health and Environment. The application was completed in two nights to approximately half of the city. Fulfilling the goal of continuous improvement, the TAC’s end-of-season review in 2012 resulted in several recommendations: enhance communication with CSU and PSD, conduct more targeted outreach, increase the level of the risk index (one of the triggers for adulticiding), and reinstate backyard and stormwater drain inspections. The risk index was raised from 0.5 to 0.75 to increase the threshold that must be met to trigger the need for adulticiding. (Due to confusion around the risk index, this point needed to be clarified so that the program response guidelines were consistent.) The definition of the risk index is included in the appendix. The City also expanded the mosquito trapping network in 2012. Five gravid traps were added, making for a total of 10 in the city. That addition, along with Fort Collins’ 43 light traps, makes the City’s trapping network among the most comprehensive in the country. (Please see the Mosquito Trap Description in the appendix.) 2013 In 2013, the monitoring system indicated that the prevalence of WNV was high enough to trigger citywide adulticiding. The City sprayed on two nights to reduce the abundance of infected mosquitoes in order to reduce the risk of transmission to people and to break the transmission cycle. After spraying was completed the risk index decreased from 0.85 to 0.29. PARTNERS: COLORADO MOSQUITO CONTROL (CMC), CDC, LARIMER COUNTY, CSU Partnerships are a large component of Fort Collins’ WNV management program. However, with the exception of the City and the County, the views represented by members of the TAC Committee are their own and do not represent their respective organizations. The Larimer County Department of Health and Environment is a very close partner in the administration of the City’s WNV management program. A representative from the department sits on the TAC, provides advice on response protocol and options, and is the conduit to state health department. When the City must do control measures and outreach, it coordinates with the County and shares information to assist with decision making. The CDC’s Division of Vector-Borne Diseases happens to be located in Fort Collins and has provided 8 DRAFT WEST NILE PROGRAM MANUAL the TAC and shared research findings to aid in decision making. The City has a contract with Colorado Mosquito Control (CMC) to provide larval site mapping and inspections, larviciding, and adult mosquito trapping and surveillance. When needed, CMC also provides adult mosquito spraying. In 2014, CMC was acquired by Advanced Pest Control of Colorado and a copy of the current contract is in the appendix. FIGURE 4 - FIGHT THE BITE CAMPAIGN Source: Tri-County Health Department Comment [AR1]: Do you have a better image of this? It’s old, so perhaps not. http://www.fightthebitecolorado.com/ Packet Pg. 309 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 9 Personal Protection Personal protection to avoid being bitten by mosquitoes is one of the most effective ways to prevent exposure to WNV. Individuals who believe they have WNV disease symptoms should see a doctor as soon as possible – if you don’t get bit you don’t get WNV! Using the 4 Ds to prevent WNV is a strategy the City of Fort Collins employs. Drain – Source reduction (removal of larval habitat) is an effective way to reduce the areas where mosquitoes can breed. Any shallow water left unattended for more than a few days becomes a potential development site for larval mosquitoes. FIGURE 5 - THE FOUR D’S Source: City of Fort Collins Dusk & Dawn – Limit time outdoors during the dusk and dawn periods when mosquitoes are most active and likely to bite. DEET – Any repellent approved by the EPA is effective if used according to the label. There are several choices of repellents available from local retail stores. Visit their webpage at cfpub.epa.gov/oppref/insect/#searchform to see a list of EPA approved repellents visit Dress – Long sleeves and pants may deter mosquitoes from biting. If the material is light and tight the mosquitoes can bite right through. Appropriate clothing, together with use of a repellent, helps to reduce the risk of mosquito bites. Packet Pg. 310 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 10 DRAFT WEST NILE PROGRAM MANUAL Educational & Community Outreach Communication and education play an important role in the prevention of WNV. The City of Fort Collins is cooperating with Larimer County and other regional entities to conduct a multi-faceted public education campaign. The purpose of these outreach efforts is to encourage the following actions by the public and by City staff:  Take personal protection measures to reduce the risk of exposure to WNV, including limiting time spent outdoors from dusk to dawn, wearing appropriate clothing, and using effective insect repellent.  Reduce mosquito breeding sites by eliminating standing water. A variety of communication tools and outreach methods will be employed to deliver this message: CITY STAFF EDUCATION  Training Sessions – live and videotaped  Employee newsletter and online articles  Updates to front-line staff and WNV liaison team FIGURE 6 - DON’T GO NAKED Source: City of Fort Collins PUBLIC EDUCATION – VIDEO & ELECTRONIC  Cable 14 programs and bulletin board  City website: fcgov.com/WestNile  Online notifications  Facebook, Twitter & Nextdoor OTHER PUBLIC EDUCATION/MEDIA RELATIONS  Information provided at City-sponsored special events  Staff responses to public concerns  News releases  Public service announcements (PSAs) Ongoing education will be the City’s number one priority in our effort to manage West Nile virus. Packet Pg. 311 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 11 FIGURE 7 - FCGOV.COM/WESTNILE Source: City of Fort Collins Packet Pg. 312 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 12 DRAFT WEST NILE PROGRAM MANUAL Program Guidelines As part of the TAC recommendations the Program Response Guidelines were created. This is the operational document that drives the response to the threat of WNV in the community. There are four response levels outlined in the guidelines, with triggers and associated responses to those triggers. Based on the IPM practice, the most environmentally friendly measures are used early and often. When necessary, as the risk increases, emergency response tools are used to control the amplification of the virus. Please see the attached Program Response Guidelines. One of the main surveillance indicators used by the City to monitor levels of WNV risk is the Vector Index. This index uses information gathered through the mosquito monitoring and testing system to estimate the average number of infected mosquitoes collected per trap night in the area. By using data from several years of the City’s surveillance program and WNV human case reports, the Vector Index provides an estimate of the risk of a WNV outbreak and allows the City to take action before an outbreak occurs. The sections of the Program Guidelines are summarized: OFF SEASON This time of the year is when the TAC reviews the previous season’s data and develops strategies for the next year’s program. The continuous improvement model would define this as the Check and Act segments. LEVEL 1 (EARLY SEASON) This time of the season has low WNV activity. While it will be present, it has not been amplified by the mosquito-bird-mosquito transmission cycle to a level of more serious risk. The main activities during this period are: public outreach, larval site inspections, larval site treatments, source reduction, inter-agency communication, and adult mosquito trapping and WNV testing. This period begins in June and could continue through the entire season depending on the amplification of the virus in the natural mosquito-bird-mosquito cycle. LEVEL 2 (PEAK SEASON WITH LOW VIRUS ACTIVITY) During this period, when virus activity is generally low, preparation and larval management efforts are increased. Focusing again on enhanced outreach and control efforts, the program aims to prevent the amplification of the virus by controlling mosquitoes in the larval habitats in an effort to keep adult mosquito abundance low. Human cases may occur during periods of low virus activity, but cases are rare and due to the fact that risk of infection cannot be completely eliminated. During this period, mosquito abundance and infection rates may be increasing during this period, but the Vector Index remains at a lower level, below the threshold for more active intervention. Level 2 can begin as early DRAFT WEST NILE PROGRAM MANUAL 13 LEVEL 3 (PEAK SEASON WITH INCREASING VIRUS ACTIVITY) There are several triggers that are closely monitored and evaluated in this level. When the number of infected mosquitoes has risen to this level, response actions are intensified. Public outreach is critical to inform people of the elevated risk of infection and disease, and to allow individuals to take preventative measures against exposure to mosquitoes carrying the virus. All regular control efforts are continued to attempt to reduce the production of new mosquitoes and limit the amplification of the virus. Typically during this time, the summer temperatures reach their peak and larvae develop more rapidly, which makes controlling the larvae a challenge. Inter-agency communications intensify and it is usually during this period that evaluation of the surveillance information will lead the Health Department to issue a recommendation for adulticiding operations. Per the City’s policy, this triggers a 24-hour feedback period for the WNV Advisory Panel, after which the City Manager will issue the decision for an application. If adulticiding is initiated, the notification system is put into motion and route planning begins while taking into account a comprehensive list of activities that might conflict with the application. Typically this level is not seen until early July and can persist through August, and in some years into early September. LEVEL 4 (PEAK SEASON - EMERGENCY LEVEL) Similar to Level 3, response actions intensify in frequency and magnitude. Triggers are monitored, public outreach is increased, and operations move at the highest speed possible. If the Health Department issues an adulticiding recommendation, the same review process is initiated as in Level 3. In the event of an application of adulticides the same procedures are followed as in Level 3. This level is typically not reached until the end of July and may persist into September. CDC light trap used to capture adult mosquitoes. Packet Pg. 314 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 14 DRAFT WEST NILE PROGRAM MANUAL WNV ADVISORY PANEL In 2008, the Advisory Panel was established with the adoption of the WNV Management Policy (2008-062). This panel is comprised of three individuals from three separate groups (Larimer County medical community, Natural Resources Advisory Board, Air Quality Advisory Board). The group was formed to monitor the WNV activity throughout the season, provide information back to their constituents and, when appropriate, provide feedback on all adulticiding recommendations received from the County Health Department. A comprehensive description is found in the attached appendices. Packet Pg. 315 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 15 Larval Management Larval management is one of the cornerstones of the mitigation program. Site inspections and treatments are very effective mosquito control methods. Currently the larval treatment season runs from June 1 –Aug. 31 each year. Ten years of data show that this is the most active portion of the year for mosquitoes in Fort Collins. Technicians are trained to identify larvae of local WNV mosquito vectors and apply the appropriate products to control them. The first consideration for any site is the option of source reduction to remove the larval habitat. To date, there are 950 known active larval mosquito habitats and 457 mandatory sites (weekly or twice per week inspections based on seasonal potential) included in the inspection and larviciding programs for the City of Fort Collins. There were 135 backyard sites included in the 2013 backyard public inspection program. An additional 17 new larval sites were added to the active larval inspection program and 13 new backyard sites werefound in the service area for Fort Collins in 2013. Since the inception of the program, 151 sites have been eliminated or physically modified and no longer have the potential to produce mosquito larvae; 294 sites have been mapped and listed as not active due to their low potential to produce mosquito larvae. Source reduction is achieved by eliminating mosquito breeding sites by draining standing water where possible. There are many areas in town where source reduction has been achieved successfully. Working with the Stormwater Utility to maintain and improve stormwater detention areas so they flow and/or absorb as quickly as possible is an example of source reduction. In other wetland areas source reduction is not feasible as it would have a negative impact on desirable wetland habitat. Each site is evaluated on an individual basis so the treatment is appropriate for each area. Another option for larval management is the use of mosquito eating fish. The City’s contractor provides fathead minnows to residences with ornamental ponds at no cost to the individual. Each site must be evaluated to assure the minnows will survive and provide mosquito larval control. Technician examining a mosquito dipper for larvae. When the use of a larvicide is required to control the larva there are several factors that are taken into account so the appropriate product is used. The general philosophy is to use the product that will be as targeted and effective as possible while having the least impact to the environment and human health. The following is the list of products currently used in the program: Vectobac - Bacillus thuringiensis var. Israeli (Bti) this bacterial product is the preferred larvicide used in the program. The efficacy, targeted effects and the reduced environmental impacts make this product an 16 DRAFT WEST NILE PROGRAM MANUAL through several broods of mosquitoes. Unfortunately it is cost prohibitive at three times the cost of Bti. Altosid-Methoprene is a synthetic copy of a juvenile growth hormone in mosquitoes. This keeps the mosquito larva from maturing into an adult. One positive result from this product is that the larva is still available as a food source for other organisms present that feed on larva. Bonide is a light mineral oil that is only used when pupa is found in the larval site. Once the larva reaches the pupa stage it will no longer feed, which eliminates the use of Bti or Bs products. This product is non- selective in nature as it will eliminate all air-breathing insects in the water until it dissipates. Typically this product is used on newly discovered sites or is an indicator that the reproductive cycles of the mosquitoes are increasing. Please refer to appendix for the Material Safety Data Sheets and labels for each product. The contractor performs quality control inspections in the field from June through the first week of July. In 2013, there were a total of 46 sites inspected, with correct estimation of acreage, product selection and application rate, thoroughness of inspection and time spent inspecting occurring at 82.2 percent of the sites. In 2013, the larviciding program eliminated an estimated 7 billion mosquito larvae preventing emergence of biting adults. Packet Pg. 317 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 17 Adult Mosquito Management SURVEILLANCE Adult mosquito monitoring (also called surveillance) is the foundation of a mosquito management program. The surveillance program tracks the abundance and locations of Culex mosquitoes and infection levels when combined with a testing regime for WNV. It serves as an early warning system of increased risk of West Nile virus infections. A network of fixed traps has been placed throughout the city and is used to develop a base of information that allows temporal and spatial evaluation of changes in the mosquito population. Mosquito trapping provides an estimate of the number and species of mosquitoes present within a geographical area. The subsequent testing of Culex vector mosquitoes for WNV allows for monitoring WNV infection rates and calculation of the Vector Index. Knowing where WNV-infected mosquitoes occur helps to identify areas of high risk, assess the need for and timing of intervention strategies, and monitor the effectiveness of prevention and control measures. There are 43 light traps and 10 gravid traps (see appendix) currently in operation from June through August each year. Traps are located in a grid pattern throughout the city (Appendix-Map of Traps). These traps are set out one night per week during the season to collect adult mosquitoes. The light and gravid traps are designed to catch the greatest number and diversity of mosquitos possible. After collecting the traps, the mosquitoes are separated by species, and the two Culex species are sent in separate batches from each trap (called mosquito “pools”) for analysis by CSU. This is one of the most extensive municipal trapping networks in the country. The data produced is essential in the decision-making process. TESTING The second step of the adult mosquito surveillance program involves testing the submitted pools of mosquitoes for West Nile virus infection. In 2013, 1,082 pools comprised of 26,113 Culex mosquitoes were tested for WNV infection. When WNV is found in the submitted pools the Vector Index is then calculated (if all mosquito pools are negative for WNV, then the Vector Index is zero). The Vector Index estimates the average number of WNV- infected Culex vector mosquitoes collected per trap night for a given area. It is monitored on a weekly basis throughout the season. In the years when the WNV activity is high a recommendation to provide adult mosquito control may come from the Larimer County public health director, based in large part on the indicators of risk derived from mosquito trapping and testing. ADULT MOSQUITO CONTROL The final element of adult mosquito management is using pesticide spraying to control adult mosquitoes, (also called “adulticiding”). Spraying to reduce the 18 DRAFT WEST NILE PROGRAM MANUAL appendix) It must be noted that the labels and safety data sheets included in the appendix are designed for use by the applicators and do not reflect the level of exposure that a citizen would encounter when these products are applied. The intent of the WNV Mitigation Program is to prevent adulticide applications by first performing other activities to control mosquitoes and thus prevent the abundance of WNV-infected mosquitoes (Vector Index) from reaching the point where emergency adulticiding is the only remaining option to protect human health. The program has been successful without the use of adulticides in half the years since the WNV appeared in the area. Citywide adult mosquito spraying for WNV was done only in 2007 and 2013. Smaller sections of the city were sprayed in 2003, 2004, and 2012. Once a recommendation is received by the City, a 24- hour feedback period begins for the WNV Advisory Panel (Appendix-Advisory Panel Guidelines). Once the panel provides feedback, the decision rests with the City Manager whether to initiate control operations. The following flow chart depicts the process following a recommendation from the County. Every application of adulticide is done on a two-night cycle three to five nights apart. This is required due to the life cycle of the mosquito in combination with the extremely low levels of pesticide applied in the control application. The permethrin-based product used in adulticiding is applied at a rate of 0.0035 pounds/acre. This is half the rate or strength recommended by the manufacturer’s label. The label also allows for up to 22 separate applications per season, which is substantially higher than has ever been initiated by the current program. Typically, when adulticiding has been initiated in Fort Collins, there have been no more than two cycles (four nights) of application performed in one season. FIGURE 8 - SPRAY MAP Source: City of Fort Collins Packet Pg. 319 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 19 INDIVIDUAL PRECAUTIONS For those concerned about pesticide exposure, residents can stay indoors and keep doors and windows closed for 30-60 minutes after spraying occurs as well as bring pets indoors. A comprehensive list of frequently asked questions (FAQs) is available at fcgov.com/westnile/faq.php#4. PESTICIDE SENSITIVE REGISTRY The program makes accommodations for individuals on the Pesticide Sensitive Registry (PSR). The PSR is maintained by the Colorado Department of Agriculture and requires the endorsement of a Colorado licensed physician to verify the evidence of chemical sensitivity in an individual. The Department of Agriculture specifically exempts the use of the registry for mosquito control. The City of Fort Collins WNV Management Policy uses this registry to provide an enhanced level of protection for individuals that have proven their sensitivity to pesticides. In 2004, the WNV response program allowed an opt- out option during spraying, but it was extremely challenging to operate, could not guarantee that spray did not drift onto opt-out properties, and likely inhibited the effectiveness of the spraying program, so it was eliminated. FIGURE 9 - PESTICIDE SENSITIVE REGISTRY Source: Colorado Department of Agriculture Packet Pg. 320 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 20 DRAFT WEST NILE PROGRAM MANUAL Continuous Improvement Per the City’s WNV Management Policy the TAC meets on a regular basis to ensure efficacy of the program. Following the precepts of continuous improvement the steps to Plan, Do, Check and Act are initiated to assist with efficacy assurance. In years where adulticides have not been used, the review is fairly simple with a post- and pre-season meeting scheduled. In years when adulticides have been utilized the review is more robust and thorough. Currently, the Best Management Practice protocols suggested by the states of California, Washington and Florida, and the Xerces Society for Invertebrate Conservation (xerces.org) are being reviewed. The intent is to incorporate and potentially adopt new ideas and/or procedures to enhance the current program. The greatest danger is complacency when the virus does not amplify during consecutive seasons. Since the virus is now endemic to the area it requires diligence in staying abreast of the intensity of the virus to prevent long-term effects on the residents. FIGURE 10 - ANNUAL STEPS FOR PLAN, DO, CHECK & ACT Source: City of Fort Collins Packet Pg. 321 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 21 FIGURE 11 – SPRAY DECISION CHART Source: City of Fort Collins Packet Pg. 322 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 22 DRAFT WEST NILE PROGRAM MANUAL Glossary Vector - An insect, animal, etc., that carries germs that cause disease Adulticide - An insecticide used to kill adult insects. The process of applying these products in mosquito control is referred to as fogging. Larvicide - An insecticide that specifically targets the larval life stage of an insect for control. Larvacides may be contact poisons, stomach poisons, growth regulators, or (increasingly) biological agents. Light Trap - Portable sampling device for the collection of mosquitoes. Main components include motor, fan battery, collection bag and cooler for bait. Particularly effective in assessing the presence of Culex tarsalis. Gravid Trap - Portable sampling device for the collection of mosquitoes. Main components include collection bag, pan for attractant motor and fan. Particularly effective in assessing the presence of Culex pipiens. Packet Pg. 323 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) DRAFT WEST NILE PROGRAM MANUAL 23 Attachments and Appendices  Program Response Guidelines  Yearly report(s) from CMC-link to website  Communication tools  Relative Risk Study-Peterson  Maps of Traps  Link to TAC documents (agenda, minutes)  Matrix of program response guidelines integrated with communication plan  NPIC information on chemicals.  Pesticide labels and MSDS’s  Contracts  WNV Advisory Panel Guidelines  Studies  CDC WNV page (http://www.cdc.gov/westnile/index.html) Packet Pg. 324 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) 1 West Nile Virus Management Plan 2014 Appropriation and Options Agenda Item # May 6, 2014 ATTACHMENT 7 Packet Pg. 325 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 2 Ordinance No. 063, 2014 • Appropriate prior year reserves to fund enhancements • Funds enhance communication and larval control • Total 2014 appropriation: $75,100 • Enhancements will continue into 2015-16 WNV budget Packet Pg. 326 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 3 Enhanced 2014 Program Budget • Colorado Mosquito Control Contract $206,548 – New inspection and applications $23,500 – Expand existing program $34,100 $264,148 • Colorado State University Contract $22,354 • Communication Budget $11,795 – Communication enhancement $17,500 $29,295 • Enhanced program budget: $315,797 Packet Pg. 327 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 4 West Nile Virus Program Purpose “Reduce the risk of human WNV infection while limiting adverse human health and environmental impacts.” -- West Nile Virus Management Policy Adopted July 1, 2008 Packet Pg. 328 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 5 Integrated Pest Management (IPM) • Provide a wide range of public outreach and education • Extensive ongoing mosquito populations data collection and monitoring, including WNV testing • Aggressive larval control program focusing on Culex mosquitoes • Periodic review to ensure program efficacy Packet Pg. 329 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 6 Management Plan Options • Advisory Panel • Program Response Guidelines • Zones • Opt-out Program Packet Pg. 330 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 7 Advisory Panel • Enhancements: – Add transparency to decision-making – Create participant manual for Panel – Panelists participate in TAC meetings • Options: – Term limit for all panelists – Allow “current and former” Boardmembers Packet Pg. 331 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 8 Program Response Guidelines • Options: – Maintain as-is – Remove human cases as threshold – Raise the vector index (currently at 0.75) – Lower the vector index Packet Pg. 332 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 9 Program Response Guidelines: Human Cases • Lagging indicator – Identified 2-3 weeks after transmission – Threshold requires 2+ in one week • Delays a health-related intervention • Mosquito trap data optimal data point Packet Pg. 333 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 10 Graphic provided by Larimer Co. Health Department Packet Pg. 334 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 11 Vector Index • Vector Index: – Provides an estimate of the number of WNV- infected mosquitoes collected from the trap – Measure of disease transmission risk • 2013 raise vector index from 0.50 to 0.75 Packet Pg. 335 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 12 Zones • Options: – Maintain as citywide – Adopt a three (3) zone approach – Adopt a four (4) zone approach – Adopt a seven (7) zone approach – Flexible zone approach Packet Pg. 336 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 13 Zones • Using zones can make program more nimble • Utilizes trap network data • Limits size of treated area • Focuses efforts where needed • May reduce adulticide application costs Packet Pg. 337 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 14 Zones • map Packet Pg. 338 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 15 Opt-out Program • Options: – No opt-out – Opt-out for pesticide sensitivity registry – Opt-out for businesses with education • Only those with long-term financial impact – Voluntary opt-out Packet Pg. 339 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 16 No Opt-out • Most effective way to address public health • Improves effectiveness of pesticide application – Excluded areas can harbor infected mosquitos Packet Pg. 340 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 17 Pesticide Sensitivity Opt-out • Current practice • Allows exclusion for health reasons • Requires physician verification • Currently includes about 15 homes in Fort Collins • Operationally feasible practice • Contractor provides between 300-500’ buffer Packet Pg. 341 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 18 Business opt-out • Exclusively for demonstrated long-term impact – Urban farms – Beekeepers – Research labs • Applicant will complete education on: – Source reduction – Personal/employee protection • Seeks to limit economic impact • Contractor provides between 300-500’ buffer Packet Pg. 342 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 19 Voluntary Opt-out • Opt-out program open to any citizen • Contractor provides between 300-500’ buffer • Operationally challenging: – Unknown how many homes or where – Could leave out large areas of community • Ineffective to apply pesticide for outbreaks • Neighbor identification Packet Pg. 343 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 20 Staff Recommendations • Advisory Panel – Allow “current and former” boardmember participation • Program Response Guidelines – Remove human cases as threshold and retain 0.75 vector index threshold • Zones – Adopt 4 zones for 2014 season • Opt-out Program – Retain pesticide sensitivity registry and allow limited business opt-out Packet Pg. 344 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) 21 Packet Pg. 345 Attachment16.7: Powerpoint presentation (West Nile Virus Management Plan Options) SAMPLE MOTIONS - WEST NILE VIRUS 1. WEST NILE VIRUS MANAGEMENT POLICY NOTE: The following motions are only required if the Council wants to change the current Management Policy; if the desire is to maintain the Policy as adopted, no motion is required. a. Opt-out Program i. To amend the West Nile Virus Management Policy to include an opt-out option for pesticide-sensitive populations: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that will allow City residents registered on the State Pesticide-Sensitivity Registry to opt out of City-administered adulticide applications. ii. To amend the West Nile Virus Management Policy to include an opt-out option for businesses with specific hardships: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that will allow City businesses that can demonstrate they will experience financial loss from City-administered adulticide applications to opt out of City-administered adulticide applications. iii. To amend the West Nile Virus Management Policy to include a voluntary opt-out with education option for City residents: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that will allow City residents who agree to participate in backyard consultation with City staff about source reduction actions that could be taken and complete approved additional education to opt out of City-administered adulticide applications, with such opt-out election to be valid for one-year with regard to City adulticide applications. b. Treatment Zones: i. To amend the West Nile Virus Management Policy to create four treatment zones within the City to tailor program adulticide applications: Packet Pg. 346 Attachment16.8: Sample Motions (West Nile Virus Management Plan Options) I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that establishes four treatment zones in the City, based on historical data or mosquito activity, in order to allow a more targeted application of the City’s program. ii. To amend the West Nile Virus Management Policy to create seven treatment zones within the City to tailor program adulticide applications: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that establishes seven treatment zones in the City, based on the 2013 Larimer County Health Department data, in order to allow the City to treat the smallest land areas necessary under the City’s program. Packet Pg. 347 Attachment16.8: Sample Motions (West Nile Virus Management Plan Options) 2. ADVISORY PANEL: a. To amend the West Nile Management Policy to define the make-up and term limits of the Advisory Panel members and provide for appointment of the members: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that establishes the specific composition and terms applicable to members of the West Nile Virus Advisory Panel, and to provide for the appointment of the members of that panel by (the City Council) or (the City Manager). b. City Manager appointment of current or former City advisory board members to serve on the Advisory Panel: I move that the City Manager present for Council consideration a resolution (directing) or (encouraging) the City Manager to appoint at least two current or former City advisory board members to serve on the West Nile Virus Advisory Panel, in order for the Panel to benefit from knowledge gained by experienced advisory board members. c. City Manager appointment of current or former City Natural Resource Advisory Board and Air Quality Advisory Board members to serve on the Advisory Panel: I move that the City Manager present for Council consideration a resolution (directing) or (encouraging) the City Manager to appoint at least two current or former City Natural Resource Advisory Board and Air Quality Advisory Board members to serve on the West Nile Virus Advisory Panel, in order for the Panel to benefit from specific expertise gained by members of these advisory boards. Packet Pg. 348 Attachment16.8: Sample Motions (West Nile Virus Management Plan Options) 3. PROGRAM RESPONSE GUIDELINES: a. To remove human cases as a mandatory threshold: I move that the City Manager modify the Program Response Guidelines to eliminate the incidence of human West Nile infections as a threshold requirement for the application of adulticides. b. To increase infection vector index threshold: I move that the City Manager modify the Program Response Guidelines to increase the vector index used to determine whether a West Nile Virus outbreak is occurring from the current index of 0.75 to 1.0. c. To decrease infection vector index threshold: I move that the City Manager modify the Program Response Guidelines to decrease the vector index used to determine whether a West Nile Virus outbreak is occurring from the current index of 0.75 to an index of 0.50. d. To direct the City Manager to present an amended West Nile Virus Management Policy that includes Program Response Guidelines: I move that the City Manager present for Council consideration an amended West Nile Virus Management Policy that establishes specific program response guidelines, to define necessary operational protocols under the City’s program. Packet Pg. 349 Attachment16.8: Sample Motions (West Nile Virus Management Plan Options) - 1 - ORDINANCE NO. 063, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO FUND ENHANCEMENTS TO THE FORT COLLINS WEST NILE VIRUS MANAGEMENT PROGRAM FOR THE 2014 SEASON WHEREAS, the Fort Collins West Nile Virus Management Program (the “Program”) emphasizes education and public information, source reduction on public and private property, and larval management ahead of a pesticide application; and WHEREAS, larval management is a proven mosquito management approach that is currently conducted within the City’s limits and a boundary extending about one mile to the east outside of the City; and WHEREAS, the current season for larval management is limited to June 1st to August 31st based on the current Program’s budget; and WHEREAS, additional funds are needed by the Program to further enhance the public outreach and education, to increase the City’s larval control boundary, and to allow for a more flexible larval control season; and WHEREAS, staff is requesting an appropriation in the amount of $75,100 from prior year reserves in the General Fund for the Program in 2014; and WHEREAS, the appropriation will fund items that the City’s West Nile Virus Technical Advisor Committee has recommended to improve the operation of the Program; and WHEREAS, the funds would enhance public education and outreach through developing additional tools to communicate and foster public understanding of the risks of the West Nile Virus and benefits of personal protection; and WHEREAS, the funds would also allow for the larval management area to be expanded by an additional one to two miles and the larval management season to be extended to the period from April through September, so as to better address weather and anticipated mosquito season conditions; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from reserves in the General Fund the sum of SEVENTY FIVE THOUSAND ONE HUNDRED DOLLARS ($75,100) to fund enhancements to the City’s West Nile Virus Management Program in 2014. Packet Pg. 350 Attachment16.9: Ordinance No. 063, 2014 (West Nile Virus Management Plan Options) - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of May, A.D. 2014. Mayor ATTEST: _____________________________ City Clerk Packet Pg. 351 Attachment16.9: Ordinance No. 063, 2014 (West Nile Virus Management Plan Options) ADDITIONAL ORDINANCE FOR CONSIDERATION WITH AGENDA ITEM #16 ORDINANCE NO. 073, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO FUND THE FORT COLLINS WEST NILE VIRUS MANAGEMENT PROGRAM FOR THE 2014 SEASON WHEREAS, the Fort Collins’ West Nile Virus Management Program (the “Program”) emphasizes education and public information, source reduction on public and private property, and larval management ahead of a pesticide application; and WHEREAS, larval management is a proven mosquito management approach that is currently conducted within the City’s limits and a boundary extending outside of the City limits; and WHEREAS, this Program focuses on public health and, therefore, shall be primarily funded from General and Enterprise funds; and WHEREAS, funding for the Program in the 2013-2014 biennial budget has been allocated from the General Fund (39.4%), Utilities Storm Water Fund (6.1%), and Natural Areas Fund (54.5%); and WHEREAS, the Natural Areas Department has committed to contribute approximately $131,492 to the Program in 2014; and WHEREAS, staff is requesting an appropriation in the amount of $131,492 from prior year reserves in the General Fund to be applied to the Program in lieu of the anticipated funding contribution from the Natural Areas Fund for 2014; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from reserves in the General Fund the sum of ONE HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED NINETY TWO DOLLARS ($131,492) to fund the City’s West Nile Virus Management Program in 2014 as provided herein. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk City of Fort Collins Page 1 u r b a n r e n e w a l a u t h o r i t y Karen Weitkunat, Chairperson City Council Chambers Gerry Horak, Vice-Chairperson City Hall West Bob Overbeck 300 LaPorte Avenue Lisa Poppaw Fort Collins, Colorado Gino Campana Wade Troxell Ross Cunniff Cablecast on City Cable Channel 14 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. URBAN RENEWAL AUTHORITY BOARD FORMAL MEETING May 6, 2014 (After Item 16 on the Regular Council Meeting Agenda, Regular Council Meeting Begins at 6:00 p.m.) CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW - Executive Director’s Review of Agenda. CITIZEN PARTICIPATION Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual. State your name and address for the record. Applause, outbursts or other demonstrations by the audience are not allowed Keep comments brief; if available, provide a written copy of statement to Secretary Address your comments to Council, not the audience City of Fort Collins Page 2 CITIZEN PARTICIPATION FOLLOW-UP STAFF REPORTS COMMISSIONER REPORTS Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 1. Consideration and Approval of the Minutes from the April 15, 2014 Urban Renewal Authority Board Meeting. The purpose of this item is to approve the minutes from the April 15, 2014 Urban Renewal Authority Meeting. 2. Resolution No. 070 Approving An Amendment To The Redevelopment And Reimbursement Agreement With The City , Walton Foothills Holdings VI, L.L.C., And The Foothills Metropolitan District Regarding The Redevelopment of Foothills Mall. (staff: Darin Atteberry, Mike Beckstead; 3 minute staff presentation; 15 minute discussion) The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units and Section 3.2(c) (now Section 3.2(g)) - Provisions to be Included in District Bond Documents concerning the order in which the Reserve and the Supplemental Reserve would be utilized. Six additional refinements to the Agreement are recapped below to address concerns raised by the URA Board. OTHER BUSINESS ADJOURNMENT – RETURN TO REGULAR COUNCIL MEETING Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 6, 2014 Urban Renewal Authority Board STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes from the April 15, 2014 Urban Renewal Authority Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 15, 2014 Urban Renewal Authority Meeting. ATTACHMENTS 1. April 15, 2014 (PDF) Packet Pg. 3 April 15, 2014 Urban Renewal Authority A meeting of the Fort Collins Urban Renewal Authority was held on Tuesday, April 15, 2014, at 10:21 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Boardmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell, and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review Executive Director Atteberry stated there were no changes to the published agenda. Citizen Participation Eric Sutherland, 3520 Golden Currant, discussed a State House Bill which is an amendment to the Regional Tourism Authority (RTA) statutes. He argued the RTA was unconstitutional in its formation and stated RTA should never have been able to obligate monies that would otherwise be available to the State of Colorado. Mike Pruznick, Fort Collins resident, requested the CSU stadium meetings be televised. Jonathan Carnahan, Fort Collins resident, expressed concern the City is giving away tax payer dollars. Citizen Participation Follow-Up Vice-Chair Horak stated the money referenced by Mr. Carnahan does not yet exist; only if the project goes forward will there be money disbursed from the general fund. He noted the mall project is an urban renewal project. Boardmember Troxell agreed with Vice-Chair Horak and noted the tax increment that is used is used for public benefit. Consideration and Approval of the March 4, 2014 Urban Renewal Authority Minutes, Adopted Vice-Chair Horak made a motion, seconded by Boardmember Cunniff, to approve the minutes of the March 4, 2014 Urban Renewal Authority meeting. Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. Packet Pg. 4 Attachment1.1: April 15, 2014 (URA Minutes - 0415) April 15, 2014 291 Resolution No. 070 Approving an Amendment to the Redevelopment And Reimbursement Agreement with the City ,Walton Foothills Holdings VI, L.L.C., and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall, Postponed to May 6, 2014 The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing, concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units. BACKGROUND / DISCUSSION Amendment to Section 3.1(c) Section 3.1 - Conditions Precedent to Issuance of District Bonds was included in the agreement to provide the City assurance that prior to the City granting authorization to the District to issue the bonds that the project financing is in place and all project approvals have been received. Section 3.1 details 7 conditions that must be met by the Developer prior to the issuance of the District Bonds. The seven conditions are summarized below: a. District Financing Plan approved by the City Manager. b. Provide evidence that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project. c. Obtain 240k square feet of executed leased space with 120k square feet of tenants new to Fort Collins at an average sales per square foot of $375. d. Add-On PIF imposed in accordance with Section 4.7. e. Obtain all Development Approvals for the Project. f. Satisfactory opinion by District’s bond counsel. g. No event of default shall have occurred. The Developer has indicated they are prepared to meet 6 of these conditions and are requesting a modification to 3.1(c), concerning the square footage of lease space required before issuance. The Developer currently has approximately 90k square feet of leases executed and anticipates having approximately 195k square feet leased by May 2014. A combination of factors has negatively impacted the current volume of executed leases: Packet Pg. 5 Attachment1.1: April 15, 2014 (URA Minutes - 0415) April 15, 2014 292 1. The delay from an anticipated 2014 opening to a 2015 opening. 2. Timing uncertainty of the 2015 opening until the Redevelopment Agreement was signed in January of 2014. 3. A leasing strategy that focuses on critical retailers first, who once signed, will attract other quality retailers. 4. Retailers are currently focused on leases for 2014 openings and will focus on leases to support 2015 openings later in this year. The Developer has requested an amendment to the agreement that would allow for the issuance of District bonds with 155k square feet leased including 90k square feet of tenants new to Fort Collins. However, only $23M of the $53M of bond proceeds would be released to the project. The remaining $30M of bond proceeds would be held in escrow by the Bond Trustee and would only be released in tranches to the project as additional leases are executed by the developer. Table A Lease Space Sq Ft Funds Released Percent of… Tranch e Total New to Fort Collins Funds Released Assigned to City Improv Orig 240k Mall (less Macy's) Current 240k 120k $ 53 $ 8 100% 47% Request 1 155k 90k $ 23 $ 3 65% 30% 2 205k 120k 33 1 85% 40% 3 255k 130k 43 2 106% 50% 4 310k 150k 53 2 129% 60% Table A details the additional square feet of executed leases required by the developer to receive additional funding. As each 50k of additional leases are executed, combined with a corresponding increase in leases associated with tenants new to Fort Collins, funding will be released by the Bond Trustee in increments of $10M. In comparison to the original agreement, the Developer must now obtain 310k square feet of executed leases (60% of the total Mall) before all funds are April 15, 2014 293 issuance of the bonds could have multiple adverse effects on the project: 1. The equity partner and the construction financier require all funding be closed simultaneously. A delay in the issuance of the District Bonds will delay the closing on the construction financing. 2. A delay in the close of the project financing opens the possibility of rising interest rates adding significant cost to the project. 3. Construction timing is critical, a delay of several weeks in closing all financing will delay construction start-up which in turn will delay the opening in 2015. 4. A delay in the 2015 mall opening will void current executed leases which specify a 2015 opening. 5. A delay in the 2015 mall opening will put at risk other interested retailers given the projects timing uncertainty. Some of these retailers may elect to locate elsewhere within the northern Colorado region and be lost to the Mall project indefinitely. The Developer’s Equity Partner, has agreed to provide additional security and financing to support the project and maintain the current timeline. Current equity investment in the project is approximately $57M and will most likely increase by the time all financing is closed. This is 40% to 50% higher than their original intentions. In addition, the Equity Partner has agreed to provide 100% recourse vs. the normal 50% recourse on the $100M plus construction loan. Both actions demonstrate confidence in the project. Risks and Implications Associated with the Amendment to Section 3.1(c): Risks and implications associated with the amendment vary by party associated with the agreement. Risks revolve around what can be described as “Start-Up Risk”. Start-Up Risk can be defined as the bonds are issued but something catastrophic occurs that prevents the mall from being completed and fully leased out. City Risk/Implications - In the event the bonds are issued and the mall is not completed, there is no financial obligation on the part of the City beyond the pledge of Sales Tax Increment from sales at the Mall. Issuing the bonds with 155k vs. 240k square feet of leased space does not increase financial risk to the City. The structure of financing was intentionally set up to issue the bonds via the Metro District, avoid creating a debt obligation on the part of the City and allow the City to avoid the Start-Up Risk. Interest Rate Risk - Current macro-economic indicators point to a rising interest rate environment in the near term. A delay in the issuance of the bonds in a rising rate environment could have a significant impact on the financing cost of the project. A 1% increase in interest rates on the bonds (all else held constant) would require an additional $17M of Sales Tax Increment from the URA to meet the bond payments. The Developer would also potentially experience additional financing costs associated with the construction loan. Developer Risk/Implications - The Developer will not have a financial gain with the proposed amendment. The benefit to the Developer is the project would proceed on the current planned timeline without the adverse impact of the effects of a delay described above. Packet Pg. 7 Attachment1.1: April 15, 2014 (URA Minutes - 0415) April 15, 2014 294 Metro District Risk/Implications - The risk to the District is related to Start-Up Risk and when such an event occurred relative to the square footage of executed leases. If an event occurred after 240k square feet of leases are executed, in the current agreement, all $72M of bonds would be issued and outstanding. In the amended agreement, only $33M of the bond proceeds would have been disbursed and the remaining $20M of proceeds would be available for an extraordinary redemption of outstanding bonds, thereby reducing the future obligations of the District. If the event occurred prior to the Developer achieving 255k square feet of executed leases, the amended agreement would be beneficial to the District. If such an event occurred after 310k square feet of executed leases were obtained, there is no difference between the two alternatives. If an event occurred after 155k square feet of leases were executed but before 240k square feet of leases were executed, in the current agreement, no bonds would have been issued. In the amended agreement, $23M to $33M of the bond proceeds would have been disbursed and the remaining $20M to $30M of proceeds would be available for an extraordinary redemption of the outstanding bonds. There is risk in the amended agreement during the time it takes the Developer to move from 155k to 240k square feet of leased space. Again, there is no financial risk to the City in this case. This risk can be evaluated based on two factors - probability and severity. The probability of an event occurring during the 4-6 months it will take the Developer to acquire the 240k square feet of leases vs. the 155k square feet of leases is very low. The severity could be high. Approximately $41M of bonds would be outstanding plus additional capitalized interest would be incurred if $30M of proceeds were used for an early redemption. The Start-Up Risk exists with the current agreement and with the amended agreement, the difference relates to whether an event would occur during the next 4-6 months that would ultimately cause the Bonds to not be issued. Because (1) there is no added risk to the City, (2) the risk to the District is not significantly different between authorizing bonds with 240k of leased space vs. authorizing bonds with 155k of lease space and putting funds in escrow that can only be fully released once 310k of space is leased,( 3) the risk of delay to the construction timeline would most likely adversely impact the projects lease opportunities and completion dates, and 4) potential higher interest rates with a late 2014 issuance would require additional sales tax increment to cover bond payments, staff recommends making the requested modifications to the agreement. Amendment to Section 4.3 Section 4.3 - Construction of Residential Component of Project: Affordable Housing. of the agreement was intended to provide a partial offset to lost residential property tax increment in the event the developer does not meet the construction completion dates described in section 4.3. The 50% payments of the lost property tax revenue by the developer was intended to only be in effect until the residential units are completed and property tax revenue begins to flow to the URA and then to the Metro District. The current wording in the agreement has been questioned by the District bond council, who interpret the current wording to require the developer to continue making the 50% payments after Packet Pg. 8 Attachment1.1: April 15, 2014 (URA Minutes - 0415) April 15, 2014 295 the residential units are complete if the original construction completion dates in the agreement are not met. Staff concurs this was not the intent of this section and agree clarification is needed to indicate the 50% payment is only required if the construction completion dates within the agreement are not met and only until the residential units are complete and tax revenue is realized by the Metro District. The Council Finance Committee will review this item on Friday, April 11. Draft minutes from that meeting will be provided in the read-before packet on Tuesday, April 15.” Chair Weitkunat withdrew from the discussion of this item due to a conflict of interest. Boardmember Campana made a motion, seconded by Boardmember Troxell, to postpone Resolution No. 070 to the May 6, 2014 meeting. Eric Sutherland, 3520 Golden Currant, stated monies that would otherwise be available to future Councils are being directed to the repayment of the bonds in this deal and are therefore unconstitutional. Mike Pruznick, Fort Collins resident, requested that any type of meeting with boards and commissions chairs is properly noticed and includes public comment and requested additional information regarding the Metro District. Jonathan Carnahan, Fort Collins resident, requested that any type of meeting with boards and commissions chairs is properly noticed and includes public comment. Executive Director Atteberry stated he would like to discuss the topic of the boards and commissions meeting with the Leadership Team. Vice-Chair Horak discussed the plan for that meeting. The vote on the motion was as follows: Yeas: Horak, Troxell, Campana, Poppaw and Cunniff. Nays: Overbeck. THE MOTION CARRIED. Packet Pg. 9 Attachment1.1: April 15, 2014 (URA Minutes - 0415) April 15, 2014 296 Adjournment The meeting adjourned at 10:41 p.m. _________________________________ Vice-Chair ATTEST: _____________________________ Secretary Packet Pg. 10 Attachment1.1: April 15, 2014 (URA Minutes - 0415) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 6, 2014 Urban Renewal Authority Board STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Resolution No. 070 Approving An Amendment To The Redevelopment And Reimbursement Agreement With The City , Walton Foothills Holdings VI, L.L.C., And The Foothills Metropolitan District Regarding The Redevelopment of Foothills Mall. EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units and Section 3.2(c) (now Section 3.2(g)) - Provisions to be Included in District Bond Documents concerning the order in which the Reserve and the Supplemental Reserve would be utilized. Six additional refinements to the Agreement are recapped below to address concerns raised by the URA Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution; 1. Staff recommends approving the modifications and structure of bond fund releases in Section 3.1. 2. Staff recommends approving the requested clarification to Section 4.3 and 3.2(c). 3. Staff recommends approving the six additional refinements to the Agreement BACKGROUND / DISCUSSION Attachment 1 is the Agenda Item Summary from April 15th concerning the details behind the modifications requested for Sections 3.1 and 4.3. Amendment to Section 3.2 The current redevelopment agreement details two unique reserve accounts that will be established as part of the Metro District bond offering. The first, “Reserve”, is typical to bond transactions where 10% of the bond proceeds are set aside in a reserve account. The Reserve is funded directly from bond proceeds and is funded at the time the bonds close. The second, “Supplemental Reserve”, has been added as a credit enhancement. The Supplemental Reserve is funded from revenues from the project and is built up over the Packet Pg. 11 Agenda Item 2 Item # 2 Page 2 first few years of the project. Specifically, each year, if the combined pledged revenues exceed the bond payment requirement, the excess is put into a Supplemental Reserve account by the Bond Trustee until the Supplemental Reserve is fully funded at 10% of the initial bond value. The two reserves will each hold $7.2M assuming a $72M bond offering for a combined total of $14.4M of reserves. Section 3.2(c) - Provisions to be included in District Bond Documents within the original agreement (Section 3.2(g) in the proposed modification document) specifies that in the event there are insufficient revenues from all sources to support the debt payments, the Reserve would be used first and the Supplemental Reserve would be used second. Use of the Reserve to support debt payments would trigger various regulatory filings on the part of the District and put the bonds in default. The Supplemental Reserve was intended to be a credit enhancement to the bond offering and was designed to provide a buffer to the Reserve in the event of insufficient revenues. As such, the Supplemental Reserve should be used first to avoid default and regulatory filings associated with using the Reserve first. Using the Reserve first negates the credit enhancement feature the Supplemental Reserve was designed to provide. Thereis no anticipated adverse financial impact to the City with this clarification. Additional Refinements To further refine the agreement and address several concerns raised by the URA Board, five additional modifications have been discussed and agreed upon with the Developer since the April 15th URA Board discussion. These changes are included in the attached proposed modifications: 1. Section 3.1(c) has been modified to require 120,000 vs. 90,000 square feet of tenants new to Fort Collins except that the City Manager shall have the authority to deem this requirement has been met if the square footage of tenants new to Fort Collins is between 90,000 and 120,000 square feet and the City Manager has determined that it is in the best interest of the City to do so. 2. Section 3.2(c) has been added that requires a certificate of completion on the core and shell of the new Sears building before the release of the fourth tranche funds. 3. Section 3.2(e) has been added that stipulates the Developer will not be reimbursed from bond proceeds for expenditures to date on public improvements until the Developer has achieved at least 255,000 square feet of executed leased space. 4. Section 4.1(a) has been modified to allow the City Manager or City Attorney to inspect and review executed leases subject to confidentiality provisions contained in the individual leases. Developer will use reasonable efforts to obtain the consent of retailers where such consent is required. 5. Sections 25.5 & 26 have been modified to clarify that the City Manager, in consultation with legal counsel, has the authority to amend the agreement provided there is no change or adverse impact to the City’s financial interests or substantial change to the scope or general character of the project. 6. Sections 4.7 & 5.1 have been modified to strengthen the agreement to ensure the PIF covenant remains in place and the mill levy cap and debt limits defined in the Metro District Service Plan can be enforced. Other minor revisions have also been made. All revisions are highlighted on Attachment 3. BOARD / COMMISSION RECOMMENDATION City Council directed staff to meet with boards and commissions to gather input and feedback on the proposed changes to the agreement. The following meetings have occurred: Staff met with the Economic Advisory Commission on April 17th and again on April 28th An all board and commission meeting was held at the Lincoln Center on April 24th. 16 people were in attendance (including 1 citizen not associated with a board), representing 12 different boards. Feedback Packet Pg. 12 Agenda Item 2 Item # 2 Page 3 was provided by 14 of the 16. In summary, 12 were supportive of the Mall project, with 1 not supportive and 1 neutral. 10 were supportive of the proposed changes to the agreement and 4 were not supportive of the proposed changes. A recap of the feedback from the board and commission meeting is included in Attachment 2. PUBLIC OUTREACH A community event held April 28th, hosted by Councilmember Horak, included a short presentation by staff, followed by questions and answers. Approximately 30 citizens attended. ATTACHMENTS 1. Copy of Agenda Item Summary, April 15, 2014 (PDF) 2. Board and Commission Feedback, April 24, 2014 (PDF) 3. Mall Agreement- redlined (DOCX) Packet Pg. 13 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2014-032 Approving an Amendment to the Redevelopment and Reimbursement Agreement with the Fort Collins Urban Renewal Authority, Walton Foothills Holdings VI, L.L.C. and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 – Conditions Precedent to Issuance of District Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 – Construction of Residential Component of Project: Affordable Housing, concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Amendment to Section 3.1(c) Section 3.1 - Conditions Precedent to Issuance of District Bonds was included in the agreement to provide the City assurance that prior to the City granting authorization to the District to issue the bonds that the project financing is in place and all project approvals have been received. Section 3.1 details 7 conditions that must be met by the Developer prior to the issuance of the District Bonds. The seven conditions are summarized below: a. District Financing Plan approved by the City Manager. b. Provide evidence that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project. c. Obtain 240k square feet of executed leased space with 120k square feet of tenants new to Fort Collins at an average sales per square foot of $375. d. Add-On PIF imposed in accordance with Section 4.7. e. Obtain all Development Approvals for the Project. f. Satisfactory opinion by District’s bond counsel. g. No event of default shall have occurred. The Developer has indicated they are prepared to meet 6 of these conditions and are requesting a modification to 3.1(c), concerning the square footage of lease space required before issuance. The Developer currently has approximately 90k square feet of leases executed and anticipates having approximately 195k square feet leased by May 2014. A combination of factors has negatively impacted the current volume of executed leases: ATTACHMENT 1 Packet Pg. 14 Attachment2.1: Copy of Agenda Item Summary, April 15, 2014 (URA-Foothills Mall Amendment) Agenda Item 17 Item # 17 Page 2 1. The delay from an anticipated 2014 opening to a 2015 opening. 2. Timing uncertainty of the 2015 opening until the Redevelopment Agreement was signed in January of 2014. 3. A leasing strategy that focuses on critical retailers first, who once signed, will attract other quality retailers. 4. Retailers are currently focused on leases for 2014 openings and will focus on leases to support 2015 openings later in this year. The Developer has requested an amendment to the agreement that would allow for the issuance of District bonds with 155k square feet leased including 90k square feet of tenants new to Fort Collins. However, only $23M of the $53M of bond proceeds would be released to the project. The remaining $30M of bond proceeds would be held in escrow by the Bond Trustee and would only be released in tranches to the project as additional leases are executed by the developer. Table A Lease Space Sq Ft Funds Released Percent of… Tranche Total New to Fort Collins Funds Released Assigned to City Improv Orig 240k Mall (less Macy's) Current 240k 120k $ 53 $ 8 100% 47% Request 1 155k 90k $ 23 $ 3 65% 30% 2 205k 120k 33 1 85% 40% 3 255k 130k 43 2 106% 50% 4 310k 150k 53 2 129% 60% Table A details the additional square feet of executed leases required by the developer to receive additional funding. As each 50k of additional leases are executed, combined with a corresponding increase in leases associated with tenants new to Fort Collins, funding will be released by the Bond Trustee in increments of $10M. In comparison to the original agreement, the Developer must now obtain 310k square feet of executed leases (60% of the total Mall) before all funds are made available (vs. 240k square feet (47% of the total Mall) in the original agreement). The amount of leased space to tenants new to Fort Collins has also increased from 120k to 150k. In addition, a portion of each tranche released would be assigned to the Underpass and Foothills Activity Center portion of the project. Waiting until the developer has obtained the required 240k square feet of leased space prior to the issuance of the bonds could have multiple adverse effects on the project: 1. The equity partner and the construction financier require all funding be closed simultaneously. A delay in the issuance of the District Bonds will delay the closing on the construction financing. 2. A delay in the close of the project financing opens the possibility of rising interest rates adding significant cost to the project. 3. Construction timing is critical, a delay of several weeks in closing all financing will delay construction start-up which in turn will delay the opening in 2015. 4. A delay in the 2015 mall opening will void current executed leases which specify a 2015 opening. 5. A delay in the 2015 mall opening will put at risk other interested retailers given the projects timing uncertainty. Some of these retailers may elect to locate elsewhere within the northern Colorado region and be lost to the Mall project indefinitely. Packet Pg. 15 Attachment2.1: Copy of Agenda Item Summary, April 15, 2014 (URA-Foothills Mall Amendment) Agenda Item 17 Item # 17 Page 3 The Developer’s Equity Partner has agreed to provide additional security and financing to support the project and maintain the current timeline. Current equity investment in the project is approximately $57M and will most likely increase by the time all financing is closed. This is 40% to 50% higher than their original intentions. In addition, the Equity Partner has agreed to provide 100% recourse vs. the normal 50% recourse on the $100M plus construction loan. Both actions demonstrate confidence in the project. Risks and Implications Associated with the Amendment to Section 3.1(c): Risks and implications associated with the amendment vary by party associated with the agreement. Risks revolve around what can be described as “Start-Up Risk”. Start-Up Risk can be defined as the bonds are issued but something catastrophic occurs that prevents the mall from being completed and fully leased out. City Risk/Implications – In the event the bonds are issued and the mall is not completed, there is no financial obligation on the part of the City beyond the pledge of Sales Tax Increment from sales at the Mall. Issuing the bonds with 155k vs. 240k square feet of leased space does not increase financial risk to the City. The structure of financing was intentionally set up to issue the bonds via the Metro District, avoid creating a debt obligation on the part of the City and allow the City to avoid the Start-Up Risk. Interest Rate Risk – Current macro-economic indicators point to a rising interest rate environment in the near term. A delay in the issuance of the bonds in a rising rate environment could have a significant impact on the financing cost of the project. A 1% increase in interest rates on the bonds (all else held constant) would require an additional $17M of Sales Tax Increment from the URA to meet the bond payments. The Developer would also potentially experience additional financing costs associated with the construction loan. Developer Risk/Implications – The Developer will not have a financial gain with the proposed amendment. The benefit to the Developer is the project would proceed on the current planned timeline without the adverse impact of the effects of a delay described above. Metro District Risk/Implications - The risk to the District is related to Start-Up Risk and when such an event occurred relative to the square footage of executed leases. If an event occurred after 240k square feet of leases are executed, in the current agreement, all $72M of bonds would be issued and outstanding. In the amended agreement, only $33M of the bond proceeds would have been disbursed and the remaining $20M of proceeds would be available for an extraordinary redemption of outstanding bonds, thereby reducing the future obligations of the District. If the event occurred prior to the Developer achieving 255k square feet of executed leases, the amended agreement would be beneficial to the District. If such an event occurred after 310k square feet of executed leases were obtained, there is no difference between the two alternatives. If an event occurred after 155k square feet of leases were executed but before 240k square feet of leases were executed, in the current agreement, no bonds would have been issued. In the amended agreement, $23M to $33M of the bond proceeds would have been disbursed and the remaining $20M to $30M of proceeds would be available for an extraordinary redemption of the outstanding bonds. There is risk in the amended agreement during the time it takes the Developer to move from 155k to 240k square feet of leased space. Again, there is no financial risk to the City in this case. This risk can be evaluated based on two factors – probability and severity. The probability of an event occurring during the 4-6 months it will take the Developer to acquire the 240k square feet of leases vs. the 155k square feet of leases is very low. The severity could be high. Approximately $41M of bonds would be outstanding plus additional capitalized interest would be incurred if $30M of proceeds were used for an early redemption. The Start-Up Risk exists with the current agreement and with the amended agreement, the difference relates to whether an event would occur during the next 4-6 months that would ultimately cause the Bonds to not be issued. Because (1) there is no added risk to the City, (2) the risk to the District is not significantly different between authorizing bonds with 240k of leased space vs. authorizing bonds with 155k of lease space and putting funds in escrow that can only be fully released once 310k of space is leased,( 3) the risk of delay to the construction Packet Pg. 16 Attachment2.1: Copy of Agenda Item Summary, April 15, 2014 (URA-Foothills Mall Amendment) Agenda Item 17 Item # 17 Page 4 timeline would most likely adversely impact the projects lease opportunities and completion dates, and 4) potential higher interest rates with a late 2014 issuance would require additional sales tax increment to cover bond payments, staff recommends making the requested modifications to the agreement. Amendment to Section 4.3 Section 4.3 – Construction of Residential Component of Project: Affordable Housing. of the agreement was intended to provide a partial offset to lost residential property tax increment in the event the developer does not meet the construction completion dates described in section 4.3. The 50% payments of the lost property tax revenue by the developer was intended to only be in effect until the residential units are completed and property tax revenue begins to flow to the URA and then to the Metro District. The current wording in the agreement has been questioned by the District bond council, who interpret the current wording to require the developer to continue making the 50% payments after the residential units are complete if the original construction completion dates in the agreement are not met. Staff concurs this was not the intent of this section and agree clarification is needed to indicate the 50% payment is only required if the construction completion dates within the agreement are not met and only until the residential units are complete and tax revenue is realized by the Metro District. The Council Finance Committee will review this on Friday, April 11. Draft minutes from that meeting will be provided in the read-before packet on Tuesday, April 15. FINANCIAL / ECONOMIC IMPACTS Financial impacts are covered within the Risk/Implications section above. ATTACHMENTS 1. First Amendment to Revdevelopment and Reimbursement Agreement-Redline version (DOCX) 2. Powerpoint presentation (PDF) Packet Pg. 17 Attachment2.1: Copy of Agenda Item Summary, April 15, 2014 (URA-Foothills Mall Amendment) Attachment 2 - Board and Commission/Citizen Feedback from April 24 Meeting Survey Results – April 24, 2014 Do you support the Mall Project? Do you support the proposed Amendment? Comments/Questions Board or Commission A. Yes Yes I like the tranches with timeline constraints also. I agree with the other two changes also. Art in Public Places Personal comments B. Yes Yes Energy Board Personal Comments C. Yes Yes The amendments are reasonable and in the favor of the City. Unknown D. Yes Yes Would prefer to see fewer deals to attract business – Fort Collins has plenty of appeal. In this case it is a big project and some partnership is reasonable Water Board Personal Comments E. Yes Yes. The proposed amendment is an improvement to the agreement. Public private partnerships are important. City Council approved the project. The private sector partner has demonstrated substantial justification and need for the requested amendment. Staff supports the requested amendment and demonstrates little or no risk to the City. The proposed amendment actually benefits the City by requiring more square feet leased to retailers new to the City. Plus, funds are released in tranches. The project is located on the Max and is critical to multiple City objectives. Affordable Housing Board Personal Comments F. Yes Yes I hope that City Council will approve the modifications. Human Relations Commission Personal Comments G. Yes Yes I would like to see reports (not leases, but just sq. feet leased) published publically. I feel that #2 and 3 are simple wording corrections – we are all human. I also support #1 fully, as Mike stated if it was brought up at the beginning they would have used the language. Affordable Housing Board Personal Comments H. Neutral Yes Changes appear to be minor with exception of leases – which in my opinion mall developers will insure their success to issue their (unreadable) appear (smiley face). Thanks for the opportunity for input Unknown ATTACHMENT 2 Packet Pg. 18 Attachment2.2: Board and Commission Feedback, April 24, 2014 (URA-Foothills Mall Amendment) but these changes appear to me to be “housekeeping” considerations. I. Yes No I find it very disappointing that only 7 board/commission members came! (I’m a private citizen) None Do you support the Mall Project? Do you support the proposed Amendment? Comments/Questions Board or Commission J. Yes Yes I believe the proposed changes are improvements for both partners especially the performance-based matrix for release of bond $’s. Please support this community-shaping project and these enhancements to the agreement. Unknown K. No No The mall we need at a price we can afford. Not this mall at this price. Parking Board Personal Comments L. Yes No Point 1. Do not support. Point 2. Support. Point 3. Do not support. Unknown M. Yes Yes Still change good deal for Fort Collins. Economic Health Board Personal Comments N. Yes No Be more suspicious!! Unknown Yes = 12 No = 1 Neutral = 1 Yes = 10 No = 4 # Meeting attendees = 16 # Surveys returned = 14 Attendees from the following boards/commissions: Human Relations Commission Economic Advisory Board Senior Advisory Board Affordable Housing Board Transportation Board Zoning Board of Appeals Energy Advisory Board Parking Board Citizen Review Board Building Review Board Water Board Art in Public Places Packet Pg. 19 Attachment2.2: Board and Commission Feedback, April 24, 2014 (URA-Foothills Mall Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 1 FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Amendment”) dated as of AprilMay __, 2014, is made by and among the FORT COLLINS URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the “Authority”), WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (the “Developer”), the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and FOOTHILLS METROPOLITAN DISTRICT, a quasi- municipal corporation organized and existing in accordance with Title 32, Article 1, C.R.S. (the “District”). The Authority, the Developer, the City and the District are sometimes collectively called the “Parties,” and individually, a “Party.” RECITALS WHEREAS, on January 17, 2014, the Parties entered into that certain Redevelopment and Reimbursement Agreement (the “Agreement”); and WHEREAS, the Developer has requested an amendment to the Agreement that would change one condition precedent to the issuance of District Bonds so as to allow their issuance upon the Developer’s having leased 155,000 square feet, 90,000120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District Bond proceeds to tie their release to additional leasing performance; and WHEREAS, in addition, the Parties have determined that certain other clarifications to the language of the Agreement will be mutually beneficial. NOW THEREFORE, in consideration of the mutual covenants and promises of the Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree to the terms and conditions in this Agreement. AGREEMENT 1. DEFINED TERMS AND RECITALS INCORPORATED. All terms used in this Amendment and defined in the Agreement shall have the meanings ascribed to them in the Agreement, except as otherwise expressly provided herein. All recitals set forth in the Agreement and in this Amendment, above, are incorporated into the Agreement as amended by this Amendment as though fully set forth in the body hereof. Packet Pg. 211 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 2 2. DEFINITION ADDED. Section 1 of the Agreement is amendment to add a definition of the term “Tenant New to Fort Collins”, as follows: “Tenant New to Fort Collins” means any tenant other than a tenant that is relocating to the Project an existing business that was operating under a City of Fort Collins sales tax license as of the date of the Agreement or this Amendment. 3. AMENDMENT TO SECTION 3.1. Section 3.1 of the Agreement is hereby amended to read as follows: 3.1 Conditions Precedent to Issuance of District Bonds. The following conditions shall be satisfied on or prior to the issuance of the District Bonds: (a) The Developer and the District shall prepare the Financing Plan and the City Manager and the Executive Director of the Authority shall have approved the Financing Plan. The Financing Plan shall also be in form and substance satisfactory to the District’s bond counsel and the underwriter of the District Bonds. The Financing Plan shall demonstrate that there is expected to be sufficient Pledged Revenues derived from the construction of the Project to pay the debt service requirements on the District Bonds when due. (b) The Developer shall provide to the City Manager the following evidence satisfactory to the City Manager that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project: (1) Developer shall certify that it has expended no less than $57 million on the Project, representing the Developer’s equity commitment as of the closing of the District Bonds; and (2) Developer shall demonstrate that it has a closed construction loan with a commitment from the construction lender to fund an amount not less than the difference between the construction costs of the Project and the total of the net bond proceeds and the Developer’s equity commitment described in Section 3.1(b)(1), which construction loan shall provide recourse for one hundred percent (100%) of the loan amount against an entity (or entities) that own(s) substantially all of and controls(s) the Developer. Such recourse may be subject to decreases over time as certain financial tests and leasing tests are achieved. The City’s Financial Officer and City Attorney (or their delegates) shall be entitled to review the loan agreement and related documents, including, but not limited to, any promissory note and all related guarantees and deeds of trust, to verify compliance with this requirement. Packet Pg. 212 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 3 (c) The Developer shall have obtained executed lease agreements, excluding the existing department store located on Larimer County Parcel Number 9725391002, totaling at least 240,000155,000 square footage of the retail area of the Project with tenants that, in the aggregate, have an average sales per square foot of at least $375 based on average national sales performance, and, except as hereinafter provided, of which at least 90,000120,000 square feet shall be leased to Tenants New to Fort Collins, except that the City Manager shall have the authority to deem this requirement has been satisfactorily met when leases have been executed with Tenants New to Fort Collins totaling no less than 90,000 square feet, so long as the City Manager has determined that it is in the best interests of the City to do so, and that all other conditions and obligations of this Agreement have been mettenants new to the City of Fort Collins. Notwithstanding the foregoing, however, in the event that at least 60,000 of such square footage is leased to tenants that are new to Fort Collins, then this minimum requirement of 120,000 square feet shall be deemed satisfied with the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed, provided that in determining whether to give such consent the City Manager may consider the impact on the proposed financing from a reduced percentage of tenants new to the City. The Developer shall certify to the City upon the City’s request that the conditions of this Subsection (c), excluding verification of the sales per square foot requirement, have been met in full. (d) The Developer shall have imposed the Add-On PIF in accordance with Section 4.7 hereof. (e) The Developer shall have obtained the Development Approvals for the Project, as described in this Agreement and in Exhibit C. (f) The City and the Authority shall receive an opinion of the District’s bond counsel that the District Bonds have been validly issued and opining as to the tax-exempt status of the bonds, which opinion shall be addressed to the City and the Authority, or the City and the Authority shall receive a reliance letter from the District’s bond counsel. (g) No Event of Default hereunder shall have occurred and be continuing hereunder, unless such Event of Default has been cured, remedied or waived, or a remedy has been agreed upon by the Parties which will become effective with the passage of time. 4. AMENDMENT TO SECTION 3.2. Section 3.2 is hereby amended to read as follows: 3.2 Provisions to be Included in District Bond Documents. The District Bond Documents shall contain the following provisions: Packet Pg. 213 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 4 (a) The District Bonds shall be payable from the Pledged Revenues in the following order of priority: (i) the District Debt Service Mill Levy Revenues; (ii) the Pledged District Specific Ownership Taxes; (iii) the Pledged Property Tax Increment Revenues; (iv) the Add-On PIF Revenues; and (v) the Pledged Sales Tax Increment Revenues. (b) The District Bond proceeds may only be made available to the District in tranches, upon the achievement by Developer of threshold requirements for executed leases for tenants as set forth in the table below. The parties acknowledge that, as provided in Section 3.1(c) above, attainment of the threshold for the first such tranche is a condition precedent of issuance of the District Bonds. As to tranches 1, 2 and 3 only, the tenants comprising the required threshold shall have an average sales per square foot of at least $375 in the aggregate based on average national sales. A portion of each tranche shall be allocated to the Underpass and Foothills Activity Center improvements as set forth in the table below, except as approved in writing by the City Manager. The balance of the available proceeds within each tranche may be spent without restriction, except as otherwise set forth in this Agreement. (c) Additionally, as a condition precedent to the District’s ability to receive the funds in the fourth tranche 4, the Developer shall have obtained a letter of completion for the core and shell of the new building being constructed on Lot 16 as shown in the Tranche Cumulative Total Square Feet of Executed Lease Agreements Total Amount of Bond Proceeds Disbursed in Tranche Cumulative Total Amount of Bond Proceeds Disbursed Minimum Bond Proceeds for Underpass and Foothills Activity Center (FAC) 1 155,000 $23M $23M $3M (Underpass) 2 205,000 $10M $33M $1M (FAC) 3 255,000 $10M $43M $2M (FAC) 4 310,000 $10M $53M $2M (FAC) Packet Pg. 214 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 5 Development Approvals, and delivered into Sears’ possession premises on which the Sears retail store will be located of said building to Sears or its affiliate. (cd) If, on the third anniversary date of the issuance of the District Bonds, any portion of the District Bond proceeds that has not been disbursed as a result of failure to meet one or more leasing thresholds described in Section 3.2(b), then the remaining undisbursed proceeds shall be used to carry out the mandatory extraordinary redemption of a corresponding portion of the District Bonds. (e) Until the leasing thresholds applicable to tranche 3 have been met, The Developer’s equity commitment described in Section 3.1(b)(1) of this Agreement shall remain invested in the Project and Developer shall not receive any repayment of its equity commitment from proceeds from the District Bonds. until the leasing threshold applicable to Tranche 3, set forth in the chart, above, has been met. (df) After the debt service requirements on the District Bonds have been paid or provided for in each Fiscal Year, and after all payments have been made to replenish the reserve fund for the District Bonds and to make any payments into any required rebate funds for the District Bonds, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (i) To the extent required by the underwriter of the District Bonds based on market conditions, the District Bond Documents may establish a supplemental reserve fund (the “Supplemental Reserve Fund”) and provide that any excess Pledged Revenue shall be deposited into the Supplemental Reserve Fund to be maintained in an amount that is not more than 10% of the original aggregate principal amount of the District Bonds. The District Bond Trustee shall keep a record of the sources of the Pledged Revenue that are used to fund and maintain the Supplemental Reserve Fund, if any. (ii) After the Supplemental Reserve Fund, if any, has been fully funded, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (A) The District, the City and the Authority hereby agree pursuant to Section 31-25-107(11) C.R.S. that any such excess Sales Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted by the District Bond Trustee to the City. The District Bond Documents shall provide that the City is a third-party beneficiary under the District Bond Documents with respect to this provision relating to the requirement of remitting any excess Sales Tax Increment Revenues to the City as set forth above. Packet Pg. 215 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 6 (B) Any excess Add-On PIF Revenues shall be applied by the District Bond Trustee to prepay principal on the District Bonds upon payment of all scheduled debt service for the year in which said Add-On PIF Revenues were collected. In the event that Add-On PIF Revenues are used to fund or maintain the Supplemental Reserve Fund and are released after full payment of the District Bonds, excess Add-On PIF Revenues shall be remitted to the District for deposit in the Foothills Mall Fund. (C) Any excess Pledged Property Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted to the Authority. (D) Any excess Pledged District Specific Ownership Taxes and District Debt Service Mill Levy Revenues shall be applied by the District Bond Trustee to debt service payments on the District Bonds in the following year. (eg) Except as may be expressly agreed to the contrary in writing by the District, the City Manager on behalf of the City, and the Authority Executive Director on behalf of the Authority, the District Bond Documents shall provide that moneys on deposit in the Supplemental Reserve Fund shall be applied solely to pay the debt service requirements on the District Bonds in the event of an insufficiency of Pledged Revenues to make such payments, provided, however, that all moneys on deposit in the reserve fund for the District Bonds must first have been applied to the payment of the debt service requirements on the District Bonds prior to applying any funds on deposit in the Supplemental Reserve Fund to such payment. Upon termination of the Supplemental Reserve Fund, the moneys on deposit in the Supplemental Reserve Fund shall be remitted by the District Bond Trustee based on the source of Pledged Revenues used to fund and maintain the Supplemental Reserve Fund in accordance with the provisions set forth in subparagraph (d)(ii) above, except as may otherwise be provided in the District Bond Documents with the consent of the District, the City Manager on behalf of the City and the Authority Executive Director on behalf of the Authority, notwithstanding the terms of subparagraph (d)(ii), above. (fh) The District Bond Documents shall provide that the net proceeds of the Bonds shall be deposited in the Project Fund and requisitioned by the District to pay Eligible Costs as set forth in Exhibit D hereof, with such requisitions to be made substantially in accordance with Exhibit E hereof. The District Bond Documents shall provide that any requisition remitted to the District Bond Trustee shall simultaneously be remitted to the City Manager, or the City Manager’s designee. In the event that the City provides written notice to the Developer and the District that it disputes that all or any portion of the requisition qualifies as an Eligible Cost or otherwise fails to comply with the requisition requirements in Exhibit E, then the City, the Developer and the District agree to act in good faith to attempt to resolve any such dispute. Packet Pg. 216 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 7 (gi) Without the prior written consent of the City Manager, the District Bonds shall mature no later than 25 years after the date of issuance thereof, and shall not contain a pledge of Pledged Property Tax Increment Revenues or Pledged Sales Tax Revenues that extends beyond the final payment of said revenues to the Authority; the total Net Debt Service of the District Bonds shall not exceed $180,000,000, and the maximum annual Net Debt Service on the District Bonds shall not exceed the amounts set forth in Exhibit I hereto. 5. AMENDMENT TO SECTION 4.1. Section 4.1 is hereby amended to read as follows: 4.1 Construction of Project. As set forth in Section 2.1 hereof, the Developer and/or the District shall construct the Project. The Project shall be constructed substantially in accordance with the Development Approvals and Exhibit C attached hereto. Additionally, as construction proceeds on the Project, Developer shall comply with the following requirements. (a) Developer shall provide a monthly written status report to the City regarding the status of construction of the Project with respect to the overall schedule. The City acknowledges that Developer has identified or may identify certain information contained in such reports as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information except as required by applicable law. If the City is requested to disclose information identified by Developer as confidential and if the City believes it is legally required to make disclosure of such information, the City will notify Developer at least two business days prior to making such disclosure, so as to permit Developer to propose appropriate redactions or seek a judicial declaration preventing disclosure. The Developer shall reimburse the City for any attorneys’ fees or costs incurred by the City or that the City is ordered to pay in connection with such proceedings. (b) Developer shall certify to the City prior to the release of each tranche of District Bond proceeds as set forth in Section 3.2(b) that the total square footage of leases to Tenants New to Fort Collins meets the minimum threshold for such tranche as set forth in the table below: Tranche Total Square Feet of Executed Lease Agreements Total Leasing to Tenants New to Fort Collins 1 155,000 90,000120,000 2 205,000 110,000120,000 3 255,000 130,000 4 310,000 150,000 Packet Pg. 217 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 8 (c) Developer shall also provide monthly reports to the City which include the following information: (i) the percentage of the total square footage to be leased for which leases have been executed; (ii) the percentage of the total square footage to be leased for which letters of intent have been executed; and (iii) the percentage of the total square footage to be leased that is under negotiation. The City acknowledges that Developer has identified or may identify certain information provided under this subsection as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information to the same extent and under the same terms and conditions as set forth in Section 4.1(a), above. Subject to confidentiality provisions contained in individual leases with which Developer must comply, and to the above provisions regarding confidentiality of proprietary business information, Developer additionally agrees to allow a representative of the City the City Manager and City Attorney (or their delegates) to inspect those portions of executed leases or other documents which may be reasonably necessary in order to verify the information set forth in the certifications referenced in Section 3.1(c) and Section 4.1(b), above. Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases, where such consent is required, in order to make such information available to the City. 6. AMENDMENT TO SECTION 4.3. Section 4.3 is hereby amended to read as follows: 4.3 Construction of Residential Component of Project; Affordable Housing. The Developer shall Complete Construction of the residential components of the Project, subject to Force Majeure, as follows: (a) on or prior to December 31, 2016, the Developer shall Complete Construction of the first phase of the residential component of the Project consisting of a minimum of 200 units; (b) on or prior to December 31, 2018, the Developer shall Complete Construction of the second phase of the residential component of the Project consisting of at least an additional 246 units. Failure to Complete Construction of the residential components of the Project in accordance with this Section 4.3 shall not be deemed to be an Event of Default under this Agreement, provided, however, that if Construction of the residential components of the Project is not Completed as set forth above, then beginning with the 2020 Fiscal Year, the Developer shall be obligated to pay in such Fiscal Year and each Fiscal Year thereafter, regardless of whether the Developer is the owner of the Property on which the residential component of the Project is to be constructed, an amount equal to 50% of the difference between the Pledged Revenues generated from the residential component of the Project and the Estimated Revenues from the Residential Property, as follows: (i) such payment shall be made to the City to the Packet Pg. 218 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 9 extent that any Pledged Sales Tax Increment Revenues are applied in such fiscal year to the payment of the debt service requirements on the District Bonds; and (ii) to the extent that such payment is not due and owing to the City in any fiscal year, the balance of any such amount to be paid by the Developer in such fiscal year shall be applied toward principal on the District Bonds. Said payment shall be made in each fiscal year until either: (1) the pledge of any Authority Pledged Revenues has ceased; or (2) property taxes are due from the residential component of the Project for 446 units that have been assessed as 100% complete. The Project shall pay any affordable housing fees that may be enacted by the City Council on or before December 1, 2014, as if such fees had been in place and applicable to the Project. Any affordable housing impact fee that may be adopted as part of such requirements shall be paid by the Developer when due for the Project, except that for any portion of the Project developed prior to the imposition of the fee, such fee shall be paid no later than sixty days after adoption. 7. AMENDMENT TO SECTION 4.7. Section 4.7 of the Agreement is hereby amended to read as follows: 4.7 Imposition of Add-On PIF. (a) On or prior to the issuance of the District Bonds, the Developer shall impose the Add-On PIF on retail sales occurring on the Property that are subject to the City’s Sales Tax, provided, however, that in connection with any property that is not owned by the Developer as of the Effective Date, the Developer shall use its best efforts to impose such Add-On PIF on such retail sales occurring on any such Property, subject to the consent of the owners of such Property. Except as provided herein, aAll property under the Developer’s control as of the Effective Date shall be made subject to the Add- On PIF, and any property within the Project acquired by the Developer subsequent to the Effective Date shall become subject to this requirement. This requirement shall not apply to those portions of the Property or later acquired property governed by existing leases, until the expiration or termination of said existing leases, provided that Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases to become subject to the same. The Add-On PIF shall be imposed only for so long as the District Bonds are outstanding. So long as the District Bonds are outstanding, the Developer covenants to cause all Add-On PIF Revenues to be remitted to the District Bond Trustee and such Add-On PIF Revenues shall be pledged to the payment of the District Bonds. To the extent that the Add-On PIF is imposed prior to the initial issuance of the District Bonds, the Developer covenants to cause all Add-On PIF Revenues to be held in a trust account and remitted to the District Bond Trustee upon the initial issuance of the District Bonds. The Developer agrees that it shall be responsible for enforcing the placard requirements and for the implementation of the Add-On PIF with the retailers in the Project. (b) The Add-On PIF shall be imposed and collected as required by this section through the PIF Covenant. The PIF Covenant shall provide that during the term that the Packet Pg. 219 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 10 Add-On PIF is to be imposed and collected under this Agreement, the PIF Covenant may not be amended, modified, waived or terminated in any manner inconsistent with the terms of this Agreement without the City’s prior written consent. The PIF Covenant shall be reviewed by the City Attorney to determine that the PIF Covenant satisfies the applicable requirements of this Agreement. The City Attorney shall have twenty-one (21) days after its submittal to the City to review and provide comments in writing to the Developer with regard to the same. In the event the City Attorney’s written approval or disapproval is not provided to the Developer within such period, the PIF Covenant shall be deemed approved by the City. Upon approval and in connection with the closing of the construction loan referenced in Section 3.1(b)(2), the Developer shall record the PIF Covenant with the Larimer County Clerk and Recorder to encumber the Property as provided in this section and the PIF Covenant so recorded shall be prior to all liens, except liens for property taxes. 8. AMENDMENT TO SECTION 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: 4.8 Access to Property. Developer will make arrangements for representatives of the City, including elected officials and staff, and the public, to participate in regular tours of the Property during construction, which tours shall be conducted no less frequently than once per month. Additionally, Developer will permit representatives of the City and the Authority access to the Property and the Project at reasonable times during regular business hours and with prior notice as necessary for the purpose of carrying out or determining compliance with the Agreement, the Urban Renewal Plan, or any City code or ordinance, including, without limitation, inspection of any work being conducted. No compensation will be payable for such access. The City and the Authority, as applicable, agree to restore the Property and any component of the Project to its condition prior to any tests or inspections made by the City and further agree that they shall be responsible for any damage that results from the City or the Authority, as applicable, accessing the Property pursuant to their respective rights under this Agreement, to the extent permitted by law and, in the case of the City, subject to annual appropriation of funds by the City Council, in its sole discretion. 9. AMENDMENT TO SECTION 5.1. Section 5.1 of the Agreement is hereby amended to read as follows: 5.1 Compliance with Service Plan and Applicable Law. At all times the District will comply with the requirements of the Service Plan as it may be amended from time to time. The District further agrees that it will not make any material modification to the Service Plan without first obtaining the City Council’s approval of that modification, as required in CRS Section 32-1-207. For purposes of this Agreement, a “material modification” shall include, without limitation, any increase in the “Maximum Debt Authorization,” “Maximum Debt Maturity Term” or in the “Maximum Debt Service Mill Levy,” as these terms are defined in the Service Plan. The District’s failure to obtain the City Council’s approval shall be deemed an Event of Default under Sections 18 and 19 hereof. To the extent authorized by its Service Plan, the District may design, construct, finance, own, acquire, maintain, and operate Eligible Packet Pg. 220 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 11 Improvements in accordance with all applicable laws, ordinances, standards, policies, and specifications of the State of Colorado, the City, and any other entity with jurisdiction. The City and the District agree that this First Amendment shall not constitute a material modification to the Service Plan and shall be incorporated into the definition of “Redevelopment Agreement” in the Service Plan. 10. AMENDMENT TO SECTION 25.5. Section 25.5 of the Agreement is hereby amended to read as follows: 25.5. The City Manager shall have the authority to act on behalf of the City under this Agreement and the Executive Director shall have the authority to act on behalf of the Authority under this Agreement. In exercising such authority, they each may agree to amendments to the Agreement that they, in consultation with appropriate legal counsel, determine are in the best interests of the City and Authority and do not have a significant adverse effect on the City’s or Authority’s financial interests under this Agreement, or result in a significant change to the scope or general character of the Project from that defined in this Agreement. 11. AMENDMENT TO SECTION 26. Section 26 of the Agreement is hereby amended to read as follows: 26. AMENDMENT. This Agreement may be amended only by an instrument in writing signed by all the Parties. Amendments within the authority of the City Manager and Executive Director pursuant to Section 25.5 may be entered into without action of the City Council and Authority Board of Commissioners, respectively. 12. VALIDITY OF REMAINING PROVISIONS. All provisions of the Redevelopment Agreement that are not expressly amended herein shall remain in full force and effect and continue to bind the parties thereto. IN WITNESS WHEREOF, this Amendment is executed by the Parties as of AprilMay __, 2014. FORT COLLINS URBAN RENEWAL AUTHORITY _____________________________________ Gerry Horak, Vice Chairperson ATTEST: Packet Pg. 221 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 12 _____________________________ Darin Atteberry, Executive Director Notice Address: Fort Collins Urban Renewal Authority 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Attention: Darin Atteberry, Executive Director Email: datteberry@fcgov.com Packet Pg. 222 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 13 CITY OF FORT COLLINS, COLORADO By: Gerry Horak, Mayor Pro Tem (SEAL) ATTEST: _______________________ Wanda Nelson, City Clerk APPROVED AS TO FORM _______________________ Carrie Mineart Daggett, Deputy City Attorney Notice Address: City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522 Attention: Carrie Mineart Daggett, Esq., Deputy City Attorney Email: cdaggett@fcgov.com Packet Pg. 223 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 14 FOOTHILLS METROPOLITAN DISTRICT _________________________________ ATTEST: ________________________, President _____________________________ Secretary Notice Address: c/o White, Bear and Ankele, P.C. The Streets at Southglenn 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Kristen Bear Email: kbear@wbapc.com Packet Pg. 224 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) MARKED CHANGES FROM 4/15 TO 5/1 MARKED CHANGES FROM SIGNED AGREEMENT TO 4/15 15 WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company By: Foothills Alberta Management, LLC, a Colorado limited liability company Its: Authorized Agent By: ____________________________ Donald G. Provost Its: Manager Notice Address: Walton Foothills Holdings VI, L.L.C. 5750 DTC Pkwy, Suite 210 Greenwood Village, CO 80111 Attention: Donald G. Provost Email: dgp@albdev.com With a copy to: Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 Attention: Carolynne C. White, Esq. Email: cwhite@bhfs.com Packet Pg. 225 Attachment15.3: Mall Agreement- redlined (Foothills Mall-Amendment) - 1 - RESOLUTION NO. 070 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROVING AN AMENDMENT TO THE REDEVELOPMENT AND REIMBURSEMENT AGREEMENT WITH THE CITY OF FORT COLLINS, WALTON FOOTHILLS HOLDINGS VI, L.L.C., AND THE FOOTHILLS METROPOLITAN DISTRICT REGARDING THE REDEVELOPMENT OF FOOTHILLS MALL WHEREAS, on May 8, 2013, the Board adopted Resolution No. 055, approving a Redevelopment and Reimbursement Agreement among the Fort Collins Urban Renewal Authority (the “Authority”), the City of Fort Collins (the “City”), Walton Foothills Holdings VI, L.L.C. (the “Developer”), and the Foothills Metropolitan District (the “District”) regarding the redevelopment of Foothills Mall; and WHEREAS, on January 14, 2014, the Board adopted Resolution No. 068, approving an updated Redevelopment and Reimbursement Agreement among the Authority, the City, the Developer, and the District regarding the redevelopment of Foothills Mall (the “Agreement”); and WHEREAS, in Resolution No. 055 and Resolution No. 068, the Board stated its finding that it is in the best interests of the Authority to provide financial assistance to the Foothills Mall redevelopment project (the “Mall Project”) in order to remedy blight conditions within and around the Mall pursuant to the Midtown Urban Renewal Plan, using certain property and sales tax increment revenues in accordance with the Act, together with certain available revenues of the District and the Developer, to provide a catalyst for redevelopment in the Midtown Urban Renewal Area, to increase sales tax revenues and job opportunities, and to provide other economic and social benefits to the City and surrounding community; and WHEREAS, on January 17, 2014, the current version of the Agreement was signed by all parties, and was placed on file in the Office of the City Clerk; and WHEREAS, following the execution of the Agreement, the Mall Project has moved forward, and a formal groundbreaking ceremony for the Mall Project took place on February 26, 2014; and WHEREAS, the Developer has requested an amendment to the Agreement that would change a condition precedent to the issuance of District bonds so as to allow their issuance upon the execution of leases for 155,000 square feet, 120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of the Authority agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District bond proceeds that tie their release to additional leasing performance; and Packet Pg. 35 - 2 - WHEREAS, in addition, $8 million in District bond proceeds allocated to the College Avenue Underpass and Foothills Activity Center elements of the Mall Project will be reserved exclusively for that purpose, as part of the release conditions; and WHEREAS, in order to document and make enforceable these proposed terms and conditions, the parties have also negotiated modifications to the language of the Agreement that are described in the First Amendment to Redevelopment and Reimbursement Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Amendment”); and WHEREAS, Authority staff has recommended that the Authority agree to the proposed changes to the leasing conditions set forth in the Amendment, to avoid the costs and other detriments associated with a delay in the issuance of the District bonds called for under the Agreement; and WHEREAS, as part of the Amendment, the Developer has also agreed to provide additional security and financing to support the Mall Project and maintain the current timeline for completion; and WHEREAS, in light of the foregoing, the Board desires to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY, as follows: Section 1. Ratification and Approval of Prior Actions. The Board hereby ratifies, approves and confirms all action heretofore taken (not inconsistent with the provisions of this Resolution) by the Board or the officers of the Board or the Authority named in this Resolution relating to the redevelopment of the Mall Project, the execution and delivery of the Agreement and the Amendment, and the performance of the Authority’s obligations under the Agreement and related documents. Section 2. Finding of Best Interests and Public Purpose. The Authority hereby finds and determines, pursuant to the Colorado Constitution, the laws of the State, and in accordance with the foregoing recitals, that adopting this Resolution, providing the specified assistance for the Mall Project, and entering into the Agreement and the Amendment and performing all obligations set forth therein, are necessary, convenient, and in furtherance of the Authority’s purposes, and will serve the important public purposes of remedying blight conditions within and around the Foothills Mall pursuant to the Midtown Urban Renewal Plan, providing a catalyst for redevelopment in the Midtown Urban Renewal Area, increasing sales tax revenues and job opportunities, and providing other economic and social benefits to the Midtown Urban Renewal Area and surrounding community, and the Board hereby authorizes and approves the same. Section 3. Approval of Amendment. The Amendment, in substantially the form attached hereto as Exhibit “A”, is in all respects approved, authorized and confirmed. Packet Pg. 36 - 3 - Section 4. Authorization to Execute. The Board Vice-Chairperson is hereby authorized and directed to execute and deliver the Amendment, for and on behalf of the Authority, in substantially the form and with substantially the same content as attached, provided that the approval hereby given to the Amendment includes an approval of such additional details therein, deletions therefrom, or additions thereto as the Authority Executive Director, in consultation with the Authority’s legal counsel, determines to be necessary and appropriate for its completion, or desirable to protect the interests of the Authority. The execution of the Amendment by the Board Vice-Chairperson shall be conclusive evidence of the approval by the Board of the same in accordance with the terms of this Resolution and the Amendment. Section 5. Delegation for Future Amendments. It is the intent of the Board that the Executive Director is hereby authorized, in consultation with Authority legal counsel, to approve and enter into future amendments to the Agreement as provided in Section 10 of the Amendment. Section 6. Direction to Act. The City Clerk, acting as Secretary of the Board, is hereby authorized and directed to attest all signatures and acts of any official of the Authority in connection with the matters authorized by this Resolution. The Board Chairperson, the Board Vice-Chairperson, the Executive Director of the Authority, the Secretary of the Board, and other appropriate officials or employees of the Authority are hereby authorized and directed to execute and deliver for and on behalf of the Authority any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Resolution. The execution of any instrument by the aforementioned officers or members of the Authority shall be conclusive evidence of the approval by the Authority of such instrument in accordance with the terms of this Resolution and the Amendment. Section 7. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the Amendment hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or the Amendment, the intent being that the same are severable. Section 8. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 9. Effectiveness. This Resolution shall take effect immediately upon its passage. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority of Fort Collins this 6th day of May, A.D. 2014. _________________________________ Vice-Chairperson Packet Pg. 37 - 4 - ATTEST: _____________________________ Secretary Packet Pg. 38 1 FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AND REIMBURSEMENT AGREEMENT (the “Amendment”) dated as of May __, 2014, is made by and among the FORT COLLINS URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the “Authority”), WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (the “Developer”), the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and FOOTHILLS METROPOLITAN DISTRICT, a quasi- municipal corporation organized and existing in accordance with Title 32, Article 1, C.R.S. (the “District”). The Authority, the Developer, the City and the District are sometimes collectively called the “Parties,” and individually, a “Party.” RECITALS WHEREAS, on January 17, 2014, the Parties entered into that certain Redevelopment and Reimbursement Agreement (the “Agreement”); and WHEREAS, the Developer has requested an amendment to the Agreement that would change one condition precedent to the issuance of District Bonds so as to allow their issuance upon the Developer’s having leased 155,000 square feet, 120,000 of which must to be tenants new to Fort Collins, rather than the currently required 240,000 square feet; and WHEREAS, as a condition of agreeing to this change, the Developer has agreed to certain restrictions on the release of a portion of the District Bond proceeds to tie their release to additional leasing performance; and WHEREAS, in addition, the Parties have determined that certain other clarifications to the language of the Agreement will be mutually beneficial. NOW THEREFORE, in consideration of the mutual covenants and promises of the Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree to the terms and conditions in this Agreement. AGREEMENT 1. DEFINED TERMS AND RECITALS INCORPORATED. All terms used in this Amendment and defined in the Agreement shall have the meanings ascribed to them in the Agreement, except as otherwise expressly provided herein. All recitals set forth in the Agreement and in this Amendment, above, are incorporated into the Agreement as amended by this Amendment as though fully set forth in the body hereof. Packet Pg. 258 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) EXHIBIT A 2 2. DEFINITION ADDED. Section 1 of the Agreement is amendment to add a definition of the term “Tenant New to Fort Collins”, as follows: “Tenant New to Fort Collins” means any tenant other than a tenant that is relocating to the Project an existing business that was operating under a City of Fort Collins sales tax license as of the date of the Agreement or this Amendment. 3. AMENDMENT TO SECTION 3.1. Section 3.1 of the Agreement is hereby amended to read as follows: 3.1 Conditions Precedent to Issuance of District Bonds. The following conditions shall be satisfied on or prior to the issuance of the District Bonds: (a) The Developer and the District shall prepare the Financing Plan and the City Manager and the Executive Director of the Authority shall have approved the Financing Plan. The Financing Plan shall also be in form and substance satisfactory to the District’s bond counsel and the underwriter of the District Bonds. The Financing Plan shall demonstrate that there is expected to be sufficient Pledged Revenues derived from the construction of the Project to pay the debt service requirements on the District Bonds when due. (b) The Developer shall provide to the City Manager the following evidence satisfactory to the City Manager that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project: (1) Developer shall certify that it has expended no less than $57 million on the Project, representing the Developer’s equity commitment as of the closing of the District Bonds; and (2) Developer shall demonstrate that it has a closed construction loan with a commitment from the construction lender to fund an amount not less than the difference between the construction costs of the Project and the total of the net bond proceeds and the Developer’s equity commitment described in Section 3.1(b)(1), which construction loan shall provide recourse for one hundred percent (100%) of the loan amount against an entity (or entities) that own(s) substantially all of and controls(s) the Developer. Such recourse may be subject to decreases over time as certain financial tests and leasing tests are achieved. The City’s Financial Officer and City Attorney (or their delegates) shall be entitled to review the loan agreement and related documents, including, but not limited to, any promissory note and all related guarantees and deeds of trust, to verify compliance with this requirement. Packet Pg. 259 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 3 (c) The Developer shall have obtained executed lease agreements, excluding the existing department store located on Larimer County Parcel Number 9725391002, totaling at least 155,000 square footage of the retail area of the Project with tenants that, in the aggregate, have an average sales per square foot of at least $375 based on average national sales performance, and, except as hereinafter provided, of which at least 120,000 square feet shall be leased to Tenants New to Fort Collins, except that the City Manager shall have the authority to deem this requirement has been satisfactorily met when leases have been executed with Tenants New to Fort Collins totaling no less than 90,000 square feet, so long as the City Manager has determined that it is in the best interests of the City to do so, and that all other conditions and obligations of this Agreement have been met. The Developer shall certify to the City upon the City’s request that the conditions of this Subsection (c), excluding verification of the sales per square foot requirement, have been met in full. (d) The Developer shall have imposed the Add-On PIF in accordance with Section 4.7 hereof. (e) The Developer shall have obtained the Development Approvals for the Project, as described in this Agreement and in Exhibit C. (f) The City and the Authority shall receive an opinion of the District’s bond counsel that the District Bonds have been validly issued and opining as to the tax-exempt status of the bonds, which opinion shall be addressed to the City and the Authority, or the City and the Authority shall receive a reliance letter from the District’s bond counsel. (g) No Event of Default hereunder shall have occurred and be continuing hereunder, unless such Event of Default has been cured, remedied or waived, or a remedy has been agreed upon by the Parties which will become effective with the passage of time. 4. AMENDMENT TO SECTION 3.2. Section 3.2 is hereby amended to read as follows: 3.2 Provisions to be Included in District Bond Documents. The District Bond Documents shall contain the following provisions: (a) The District Bonds shall be payable from the Pledged Revenues in the following order of priority: (i) the District Debt Service Mill Levy Revenues; (ii) the Pledged District Specific Ownership Taxes; (iii) the Pledged Property Tax Increment Revenues; (iv) the Add-On PIF Revenues; and Packet Pg. 260 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 4 (v) the Pledged Sales Tax Increment Revenues. (b) The District Bond proceeds may only be made available to the District in tranches, upon the achievement by Developer of threshold requirements for executed leases for tenants as set forth in the table below. The parties acknowledge that, as provided in Section 3.1(c) above, attainment of the threshold for the first such tranche is a condition precedent of issuance of the District Bonds. As to tranches 1, 2 and 3 only, the tenants comprising the required threshold shall have an average sales per square foot of at least $375 in the aggregate based on average national sales. A portion of each tranche shall be allocated to the Underpass and Foothills Activity Center improvements as set forth in the table below, except as approved in writing by the City Manager. The balance of the available proceeds within each tranche may be spent without restriction, except as otherwise set forth in this Agreement. (c) Additionally, as a condition precedent to the District’s ability to receive the funds in tranche 4, the Developer shall have obtained a letter of completion for the core and shell of the new building being constructed on Lot 16 as shown in the Development Approvals, and delivered possession of said building to Sears or its affiliate. (d) If, on the third anniversary date of the issuance of the District Bonds, any portion of the District Bond proceeds that has not been disbursed as a result of failure to meet one or more leasing thresholds described in Section 3.2(b), then the remaining undisbursed proceeds shall be used to carry out the mandatory extraordinary redemption of a corresponding portion of the District Bonds. Tranche Cumulative Total Square Feet of Executed Lease Agreements Total Amount of Bond Proceeds Disbursed in Tranche Cumulative Total Amount of Bond Proceeds Disbursed Minimum Bond Proceeds for Underpass and Foothills Activity Center (FAC) 1 155,000 $23M $23M $3M (Underpass) 2 205,000 $10M $33M $1M (FAC) 3 255,000 $10M $43M $2M (FAC) 4 310,000 $10M $53M $2M (FAC) Packet Pg. 261 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 5 (e) Until the leasing thresholds applicable to tranche 3 have been met, Developer’s equity commitment described in Section 3.1(b)(1) of this Agreement shall remain invested in the Project and Developer shall not receive any repayment of its equity commitment from proceeds from the District Bonds. (f) After the debt service requirements on the District Bonds have been paid or provided for in each Fiscal Year, and after all payments have been made to replenish the reserve fund for the District Bonds and to make any payments into any required rebate funds for the District Bonds, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (i) To the extent required by the underwriter of the District Bonds based on market conditions, the District Bond Documents may establish a supplemental reserve fund (the “Supplemental Reserve Fund”) and provide that any excess Pledged Revenue shall be deposited into the Supplemental Reserve Fund to be maintained in an amount that is not more than 10% of the original aggregate principal amount of the District Bonds. The District Bond Trustee shall keep a record of the sources of the Pledged Revenue that are used to fund and maintain the Supplemental Reserve Fund, if any. (ii) After the Supplemental Reserve Fund, if any, has been fully funded, any excess Pledged Revenues shall be applied by the District Bond Trustee as follows: (A) The District, the City and the Authority hereby agree pursuant to Section 31-25-107(11) C.R.S. that any such excess Sales Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted by the District Bond Trustee to the City. The District Bond Documents shall provide that the City is a third-party beneficiary under the District Bond Documents with respect to this provision relating to the requirement of remitting any excess Sales Tax Increment Revenues to the City as set forth above. (B) Any excess Add-On PIF Revenues shall be applied by the District Bond Trustee to prepay principal on the District Bonds upon payment of all scheduled debt service for the year in which said Add-On PIF Revenues were collected. In the event that Add-On PIF Revenues are used to fund or maintain the Supplemental Reserve Fund and are released after full payment of Packet Pg. 262 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 6 the District Bonds, excess Add-On PIF Revenues shall be remitted to the District for deposit in the Foothills Mall Fund. (C) Any excess Pledged Property Tax Increment Revenues shall be released from the lien of the District Bond Documents and remitted to the Authority. (D) Any excess Pledged District Specific Ownership Taxes and District Debt Service Mill Levy Revenues shall be applied by the District Bond Trustee to debt service payments on the District Bonds in the following year. (g) Except as may be expressly agreed to the contrary in writing by the District, the City Manager on behalf of the City, and the Authority Executive Director on behalf of the Authority, the District Bond Documents shall provide that moneys on deposit in the Supplemental Reserve Fund shall be applied solely to pay the debt service requirements on the District Bonds in the event of an insufficiency of Pledged Revenues to make such payments, provided, however, that all moneys on deposit in the reserve fund for the District Bonds must first have been applied to the payment of the debt service requirements on the District Bonds prior to applying any funds on deposit in the Supplemental Reserve Fund to such payment. Upon termination of the Supplemental Reserve Fund, the moneys on deposit in the Supplemental Reserve Fund shall be remitted by the District Bond Trustee based on the source of Pledged Revenues used to fund and maintain the Supplemental Reserve Fund in accordance with the provisions set forth in subparagraph (d)(ii) above, except as may otherwise be provided in the District Bond Documents with the consent of the District, the City Manager on behalf of the City and the Authority Executive Director on behalf of the Authority, notwithstanding the terms of subparagraph (d)(ii), above. (h) The District Bond Documents shall provide that the net proceeds of the Bonds shall be deposited in the Project Fund and requisitioned by the District to pay Eligible Costs as set forth in Exhibit D hereof, with such requisitions to be made substantially in accordance with Exhibit E hereof. The District Bond Documents shall provide that any requisition remitted to the District Bond Trustee shall simultaneously be remitted to the City Manager, or the City Manager’s designee. In the event that the City provides written notice to the Developer and the District that it disputes that all or any portion of the requisition qualifies as an Eligible Cost or otherwise fails to comply with the requisition requirements in Exhibit E, then the City, the Developer and the District agree to act in good faith to attempt to resolve any such dispute. (i) Without the prior written consent of the City Manager, the District Bonds shall mature no later than 25 years after the date of issuance thereof, and shall not contain Packet Pg. 263 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 7 a pledge of Pledged Property Tax Increment Revenues or Pledged Sales Tax Revenues that extends beyond the final payment of said revenues to the Authority; the total Net Debt Service of the District Bonds shall not exceed $180,000,000, and the maximum annual Net Debt Service on the District Bonds shall not exceed the amounts set forth in Exhibit I hereto. 5. AMENDMENT TO SECTION 4.1. Section 4.1 is hereby amended to read as follows: 4.1 Construction of Project. As set forth in Section 2.1 hereof, the Developer and/or the District shall construct the Project. The Project shall be constructed substantially in accordance with the Development Approvals and Exhibit C attached hereto. Additionally, as construction proceeds on the Project, Developer shall comply with the following requirements. (a) Developer shall provide a monthly written status report to the City regarding the status of construction of the Project with respect to the overall schedule. The City acknowledges that Developer has identified or may identify certain information contained in such reports as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information except as required by applicable law. If the City is requested to disclose information identified by Developer as confidential and if the City believes it is legally required to make disclosure of such information, the City will notify Developer at least two business days prior to making such disclosure, so as to permit Developer to propose appropriate redactions or seek a judicial declaration preventing disclosure. The Developer shall reimburse the City for any attorneys’ fees or costs incurred by the City or that the City is ordered to pay in connection with such proceedings. (b) Developer shall certify to the City prior to the release of each tranche of District Bond proceeds as set forth in Section 3.2(b) that the total square footage of leases to Tenants New to Fort Collins meets the minimum threshold for such tranche as set forth in the table below: Tranche Total Square Feet of Executed Lease Agreements Total Leasing to Tenants New to Fort Collins 1 155,000 120,000 2 205,000 120,000 3 255,000 130,000 4 310,000 150,000 Packet Pg. 264 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 8 (c) Developer shall also provide monthly reports to the City which include the following information: (i) the percentage of the total square footage to be leased for which leases have been executed; (ii) the percentage of the total square footage to be leased for which letters of intent have been executed; and (iii) the percentage of the total square footage to be leased that is under negotiation. The City acknowledges that Developer has identified or may identify certain information provided under this subsection as confidential, proprietary business information. The City agrees that it will maintain the confidentiality of such information to the same extent and under the same terms and conditions as set forth in Section 4.1(a), above. Subject to confidentiality provisions contained in individual leases with which Developer must comply, and to the above provisions regarding confidentiality of proprietary business information, Developer additionally agrees to allow the City Manager and City Attorney (or their delegates) to inspect those portions of executed leases or other documents reasonably necessary in order to verify the information set forth in the certifications referenced in Section 3.1(c) and Section 4.1(b), above. Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases, where such consent is required, in order to make such information available to the City. 6. AMENDMENT TO SECTION 4.3. Section 4.3 is hereby amended to read as follows: 4.3 Construction of Residential Component of Project; Affordable Housing. The Developer shall Complete Construction of the residential components of the Project, subject to Force Majeure, as follows: (a) on or prior to December 31, 2016, the Developer shall Complete Construction of the first phase of the residential component of the Project consisting of a minimum of 200 units; (b) on or prior to December 31, 2018, the Developer shall Complete Construction of the second phase of the residential component of the Project consisting of at least an additional 246 units. Failure to Complete Construction of the residential components of the Project in accordance with this Section 4.3 shall not be deemed to be an Event of Default under this Agreement, provided, however, that if Construction of the residential components of the Project is not Completed as set forth above, then beginning with the 2020 Fiscal Year, the Developer shall be obligated to pay in such Fiscal Year and each Fiscal Year thereafter, regardless of whether the Developer is the owner of the Property on which the residential component of the Project is to be constructed, an amount equal to 50% of the difference between the Pledged Revenues generated from the residential component of the Project and the Estimated Revenues Packet Pg. 265 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 9 from the Residential Property, as follows: (i) such payment shall be made to the City to the extent that any Pledged Sales Tax Increment Revenues are applied in such fiscal year to the payment of the debt service requirements on the District Bonds; and (ii) to the extent that such payment is not due and owing to the City in any fiscal year, the balance of any such amount to be paid by the Developer in such fiscal year shall be applied toward principal on the District Bonds. Said payment shall be made in each fiscal year until either: (1) the pledge of any Authority Pledged Revenues has ceased; or (2) property taxes are due from the residential component of the Project for 446 units that have been assessed as 100% complete. The Project shall pay any affordable housing fees that may be enacted by the City Council on or before December 1, 2014, as if such fees had been in place and applicable to the Project. Any affordable housing impact fee that may be adopted as part of such requirements shall be paid by the Developer when due for the Project, except that for any portion of the Project developed prior to the imposition of the fee, such fee shall be paid no later than sixty days after adoption. 7. AMENDMENT TO SECTION 4.7. Section 4.7 of the Agreement is hereby amended to read as follows: 4.7 Imposition of Add-On PIF. (a) On or prior to the issuance of the District Bonds, the Developer shall impose the Add-On PIF on retail sales occurring on the Property that are subject to the City’s Sales Tax, provided, however, that in connection with any property that is not owned by the Developer as of the Effective Date, the Developer shall use its best efforts to impose such Add-On PIF on such retail sales occurring on any such Property, subject to the consent of the owners of such Property. Except as provided herein, all property under the Developer’s control as of the Effective Date shall be made subject to the Add- On PIF, and any property within the Project acquired by the Developer subsequent to the Effective Date shall become subject to this requirement. This requirement shall not apply to those portions of the Property or later acquired property governed by existing leases, until the expiration or termination of said existing leases, provided that Developer shall use commercially reasonable efforts to obtain consent from the retailers who are parties to such leases to become subject to the same. The Add-On PIF shall be imposed only for so long as the District Bonds are outstanding. So long as the District Bonds are outstanding, the Developer covenants to cause all Add-On PIF Revenues to be remitted to the District Bond Trustee and such Add-On PIF Revenues shall be pledged to the payment of the District Bonds. To the extent that the Add-On PIF is imposed prior to the initial issuance of the District Bonds, the Developer covenants to cause all Add-On PIF Revenues to be held in a trust account and remitted to the District Bond Trustee upon the initial issuance of the District Bonds. The Developer agrees that it shall be responsible Packet Pg. 266 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 10 for enforcing the placard requirements and for the implementation of the Add-On PIF with the retailers in the Project. (b) The Add-On PIF shall be imposed and collected as required by this section through the PIF Covenant. The PIF Covenant shall provide that during the term that the Add-On PIF is to be imposed and collected under this Agreement, the PIF Covenant may not be amended, modified, waived or terminated in any manner inconsistent with the terms of this Agreement without the City’s prior written consent. The PIF Covenant shall be reviewed by the City Attorney to determine that the PIF Covenant satisfies the applicable requirements of this Agreement. The City Attorney shall have twenty-one (21) days after its submittal to the City to review and provide comments in writing to the Developer with regard to the same. In the event the City Attorney’s written approval or disapproval is not provided to the Developer within such period, the PIF Covenant shall be deemed approved by the City. Upon approval and in connection with the closing of the construction loan referenced in Section 3.1(b)(2), the Developer shall record the PIF Covenant with the Larimer County Clerk and Recorder to encumber the Property as provided in this section and the PIF Covenant so recorded shall be prior to all liens, except liens for property taxes. 8. AMENDMENT TO SECTION 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: 4.8 Access to Property. Developer will make arrangements for representatives of the City, including elected officials and staff, and the public, to participate in regular tours of the Property during construction, which tours shall be conducted no less frequently than once per month. Additionally, Developer will permit representatives of the City and the Authority access to the Property and the Project at reasonable times during regular business hours and with prior notice as necessary for the purpose of carrying out or determining compliance with the Agreement, the Urban Renewal Plan, or any City code or ordinance, including, without limitation, inspection of any work being conducted. No compensation will be payable for such access. The City and the Authority, as applicable, agree to restore the Property and any component of the Project to its condition prior to any tests or inspections made by the City and further agree that they shall be responsible for any damage that results from the City or the Authority, as applicable, accessing the Property pursuant to their respective rights under this Agreement, to the extent permitted by law and, in the case of the City, subject to annual appropriation of funds by the City Council, in its sole discretion. Packet Pg. 267 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 11 9. AMENDMENT TO SECTION 5.1. Section 5.1 of the Agreement is hereby amended to read as follows: 5.1 Compliance with Service Plan and Applicable Law. At all times the District will comply with the requirements of the Service Plan as it may be amended from time to time. The District further agrees that it will not make any material modification to the Service Plan without first obtaining the City Council’s approval of that modification, as required in CRS Section 32-1- 207. For purposes of this Agreement, a “material modification” shall include, without limitation, any increase in the “Maximum Debt Authorization,” “Maximum Debt Maturity Term” or in the “Maximum Debt Service Mill Levy,” as these terms are defined in the Service Plan. The District’s failure to obtain the City Council’s approval shall be deemed an Event of Default under Sections 18 and 19 hereof. To the extent authorized by its Service Plan, the District may design, construct, finance, own, acquire, maintain, and operate Eligible Improvements in accordance with all applicable laws, ordinances, standards, policies, and specifications of the State of Colorado, the City, and any other entity with jurisdiction. The City and the District agree that this First Amendment shall not constitute a material modification to the Service Plan and shall be incorporated into the definition of “Redevelopment Agreement” in the Service Plan. 10. AMENDMENT TO SECTION 25.5. Section 25.5 of the Agreement is hereby amended to read as follows: 25.5. The City Manager shall have the authority to act on behalf of the City under this Agreement and the Executive Director shall have the authority to act on behalf of the Authority under this Agreement. In exercising such authority, they each may agree to amendments to the Agreement that they, in consultation with appropriate legal counsel, determine are in the best interests of the City and Authority and do not have a significant adverse effect on the City’s or Authority’s financial interests under this Agreement, or result in a significant change to the scope or general character of the Project from that defined in this Agreement. 11. AMENDMENT TO SECTION 26. Section 26 of the Agreement is hereby amended to read as follows: 26. AMENDMENT. This Agreement may be amended only by an instrument in writing signed by all the Parties. Amendments within the authority of the City Manager and Executive Director pursuant to Section 25.5 may be entered into without action of the City Council and Authority Board of Commissioners, respectively. Packet Pg. 268 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 12 12. VALIDITY OF REMAINING PROVISIONS. All provisions of the Redevelopment Agreement that are not expressly amended herein shall remain in full force and effect and continue to bind the parties thereto. IN WITNESS WHEREOF, this Amendment is executed by the Parties as of May __, 2014. FORT COLLINS URBAN RENEWAL AUTHORITY _____________________________________ Gerry Horak, Vice Chairperson ATTEST: _____________________________ Darin Atteberry, Executive Director Notice Address: Fort Collins Urban Renewal Authority 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Attention: Darin Atteberry, Executive Director Email: datteberry@fcgov.com Packet Pg. 269 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 13 CITY OF FORT COLLINS, COLORADO By: Gerry Horak, Mayor Pro Tem (SEAL) ATTEST: _______________________ Wanda Nelson, City Clerk APPROVED AS TO FORM _______________________ Carrie Mineart Daggett, Deputy City Attorney Notice Address: City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522 Attention: Carrie Mineart Daggett, Esq., Deputy City Attorney Email: cdaggett@fcgov.com Packet Pg. 270 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 14 FOOTHILLS METROPOLITAN DISTRICT _________________________________ ATTEST: ________________________, President _____________________________ Secretary Notice Address: c/o White, Bear and Ankele, P.C. The Streets at Southglenn 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Kristen Bear Email: kbear@wbapc.com Packet Pg. 271 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) 15 WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company By: Foothills Alberta Management, LLC, a Colorado limited liability company Its: Authorized Agent By: ____________________________ Donald G. Provost Its: Manager Notice Address: Walton Foothills Holdings VI, L.L.C. 5750 DTC Pkwy, Suite 210 Greenwood Village, CO 80111 Attention: Donald G. Provost Email: dgp@albdev.com With a copy to: Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 Attention: Carolynne C. White, Esq. Email: cwhite@bhfs.com Packet Pg. 272 Attachment1: Exhibit A (Foothills Mall Agreement Revision RESO) COUNCIL WILL RETURN TO THE REGULAR COUNCIL MEETING AFTER THE URBAN RENEWAL AUTHORITY BOARD MEETING Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Tyler Siegmund, Civil Engineer SUBJECT Second Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on April 1, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) vacating Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. Public outreach for the Scott Plaza Project Development Plan and the Scott Avenue right-of-way vacation request were as follows: August 22, 2013, Scott Plaza Project Development Plan neighborhood meeting December 23, 2013, Scott Plaza Project Development Plan Planning and Zoning Board public hearing notice January 29, 2014, Scott Avenue vacation request notice sent to adjacent property owners April 28, 2014, Scott Avenue vacation request neighborhood meeting. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION At First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way, there was discussion regarding public outreach related to the Scott Avenue vacation request and the Scott Plaza Project Development Plan (PDP). Public outreach for the Scott Plaza PDP and the Scott Avenue vacation request were as follows: A neighborhood meeting was held on August 22, 2013, to discuss the components of the proposed Scott Plaza PDP. On December 23, 2014, notice was sent regarding the Planning and Zoning Board Public Hearing for the Scott Plaza PDP. It recently came to staffs attention that the advertising of the January 9, 2014 Planning and Zoning Board Hearing for the Scott Plaza PDP was deficient as the mailing list failed to include some nearby property owners. To provide an opportunity for additional public comment, a neighborhood meeting was held on April 28, 2014 to discuss the proposed Scott Avenue right-of-way vacation as it relates to the surrounding neighborhood context and the Campus West Community Commercial District Planning Study Report (2001). Packet Pg. 352 Agenda Item 17 Item # 17 Page 2 The process for vacating public right-of-way is governed by City Code Section 23-115, which provides the application and review process necessary for formal City Council consideration. The review process includes public notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way to be vacated. This review process was followed in conjunction with the review of the Scott Plaza Development Plan. On January 29, 2014, mail notification was sent to the property owners adjacent to Scott Avenue regarding the request to vacate Scott Avenue. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, April 1, 2014 (PDF) 2. Location Map (PDF) 3. public comment (PDF) 4. Powerpoint presentation (PDF) 5. Ordinance No. 052, 2014 (PDF) Packet Pg. 353 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY April 1, 2014 City Council STAFF Tyler Siegmund, Civil Engineer SUBJECT First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records. EXECUTIVE SUMMARY The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or desirable to retain for public street purposes. This location will be the future site of the Scott Plaza development project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1962, a 25-foot wide strip of land south of Plum Street between Shields Street and City Park Avenue was dedicated to the City (Book 1174, Page 543), by the adjacent property owner (1201 Plum Street) at no expense to the City, for street right-of-way purposes. The owner of the properties at 813 Scott Avenue, 1201 West Plum Street and 1205 West Plum Street has requested that the City vacate this 25 foot by 335 foot strip of land that is adjacent to the properties. The applicant has requested this vacation because they wish to redevelop their property that is adjacent to Scott Avenue. Scott Avenue is not paved and only provides access to the existing residential units at 813 Scott Avenue and 1201 Plum Street. The existing residential units on 813 Scott Avenue and 1201 Plum Street will be removed as part of the Scott Plaza development proposal. With the vacation of right-of-way, easements for access, emergency access, drainage and utilities would be retained, preserving rights to utilize the vacated portion for these purposes. The Campus West Planning Study Report (December 2001) identifies that a pedestrian or vehicular connection should be provided at this location that, in the future, should extend to Elizabeth Street. Through the development review process it has been determined that a pedestrian connection will provide the desired connectivity that is outlined in the study and will be accommodated by the Scott Plaza development plan and retention of the area as an access easement. At such time that the property to the south redevelops (1220 West Elizabeth Street) the pedestrian connection that is being provided with the Scott Plaza project will be continued south to Elizabeth Street. A memorandum requesting input about the vacation of Scott Avenue was sent to the utility providers, potentially impacted City departments and adjacent property owners. The neighboring property owner at 1113 West Plum Street has expressed opposition to the Scott Avenue right-of-way vacation request. The original right-of-way dedication documents from 1962 have been reviewed and the City believes that the land will return to the property owner that is requesting the vacation. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property Packet Pg. 354 Attachment17.1: Copy of First Reading Agenda Item Summary, April 1, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) Agenda Item 9 Item # 9 Page 2 owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Scott Plaza Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommends that the vacation be approved. FINANCIAL / ECONOMIC IMPACT There are no financial impacts to the vacation of this portion right-of-way. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right of way. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners and feedback was received. ATTACHMENTS 1. Location map (PDF) Packet Pg. 355 Attachment17.1: Copy of First Reading Agenda Item Summary, April 1, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 356 Attachment17.2: Location Map (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 357 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 358 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 359 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 360 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 361 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 362 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 363 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 364 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) April 30, 2014 Mayor Karen Weitkunat and Members of Fort Collins City Council City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 Mayor Karen Weitkunat and Council Members: This letter is in reference to the proposed Scott Avenue right-of-way vacation request that the City staff has proposed and the City Council will vote on May 6th. As one of the managing partners for Taylor Fitzpatrick Capital (TFC), the applicant for the proposed Scott Plaza Project Development Plan (PDP), I believe it is important to provide you with additional information. The Scott Plaza PDP approved by the Planning and Zoning Board in January of this year is located on property owned by TFC and Mike Jensen, a local businessman. TFC, together with Mr. Jensen have worked on the proposed project conceptually for many years. The development review process for Scott Plaza started well over a year ago and has included the following:  Conceptual Review Meeting February 25, 2013  Neighborhood meeting August 22, 2013  Project Development Plan (PDP) was submitted September 11, 2013  Planning and Zoning Board Public Hearing January 9, 2014 Project Development Plan (PDP) was approved on Consent Agenda  Appeal period expired January 23, 2014  Final Development Plans were submitted January 29, 2014  Final Development Plans and Development Agreement are nearly complete  Architectural Plans were submitted for Building Permit April 18, 2014 Approval of the vacation request is necessary for the project to move forward and meet the proposed construction schedule. Leases were not renewed in the existing rental units in anticipation of a June construction start. Student housing projects must meet a critical timing for leasing in Spring with a Fall move-in date. Any further delay would make the current construction schedule infeasible. So far, TFC has invested nearly $2,000,000.00 in the proposed project. This money as well as the time invested will be lost if the right-of-way vacation is not approved. Equally important, if the project doesn’t move forward the City will lose an opportunity for needed public improvements in the Campus West neighborhood. Currently the site is in a blighted condition with unattractive dwellings and a street right-of-way that is not paved, landscaped or lighted but is used by neighborhood residents as an informal cut-through access to Packet Pg. 365 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) the shops and restaurants on West Elizabeth Street. In addition to providing needed student housing in close proximity to Campus, our proposed development plan will provide the following:  Streetscape improvements along Plum Street including detached sidewalks, street trees, landscaping, plaza space, outdoor seating, café tables, moveable planters and bike parking.  A retail space or coffee shop at the intersection of Plum Street and the existing Scott Avenue right-of-way.  Streetscape improvements to the existing Scott Avenue right-of-way include an overhead gateway feature celebrating the public access easement. Other improvements include decorative paving, permeable pavers, landscaping, tree grates, street trees, stone bench seating, bike parking, security lighting, Tivoli lighting and way finding signage. (See attached graphic representation.) These improvements will be installed with the project and paid for by TFC with no financial participation from the City. TFC will also be responsible for long term maintenance of the public access easement that provides a pedestrian/bike connection to the south. When properties along West Elizabeth Street redevelop, the City can require extension of the pedestrian/bike connection to Elizabeth Street. The vision shared by City staff and the developer is to create a safe, convenient connection to Elizabeth Street that prioritizes alternative modes of travel and mimics the look and feel of the City’s successful Downtown alleys. Missing this opportunity would not only be unfair to TFC, but unfortunate for the neighborhood and the community. My partners and I respectfully request that the City Council approve the vacation of the right-of-way on second reading so that our project can move forward. Regards, Jake Taylor Taylor Fitzpatrick Capital, LLC. 7825 E Gelding Drive Suite 102 Scottsdale, AZ 85260 Packet Pg. 366 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 367 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 368 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 369 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 370 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 371 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 372 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 373 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 374 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 375 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 376 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 377 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 378 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 379 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 380 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 381 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 382 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 383 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 384 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 385 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 386 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 387 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 388 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 389 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 390 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 391 Attachment17.3: public comment (SR 052 Scott Avenue Right-of-Way Vacation) 1 Proposal to Vacate Scott Avenue Tyler Siegmund Development Review Engineer Packet Pg. 392 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 2 Scott Avenue Vicinity Map Scott Avenue 335 feet in length 25 feet in width Packet Pg. 393 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 3 Scott Avenue - Aerial Scott Avenue 335 feet in length 25 feet in width Campus West Packet Pg. 394 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 4 Existing Scott Avenue • Looking south from Plum Street Packet Pg. 395 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 5 Proposed Scott Plaza Pedestrian Spine • Looking south from Plum Street Packet Pg. 396 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 6 Proposed Scott Plaza Pedestrian Spine • Looking south from pedestrian spine towards Elizabeth Street Packet Pg. 397 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) 7 Proposed Scott Plaza Pedestrian Spine • Looking north from Elizabeth Street Packet Pg. 398 Attachment17.4: Powerpoint presentation (SR 052 Scott Avenue Right-of-Way Vacation) - 1 - ORDINANCE NO. 052, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING SCOTT AVENUE RIGHT-OF-WAY AS DEDICATED AT BOOK 1174, PAGE 543 OF THE LARIMER COUNTY RECORDS WHEREAS, by deed recorded in Book 1174, at Page 543 of the Larimer County Colorado Records, a right-of-way was dedicated to the public for Scott Avenue; and WHEREAS, Scott Plaza, LLC has requested that the City vacate this public right-of-way; and WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that an access easement, utility easement, and emergency access easement be reserved unto the City; and WHEREAS, the right of the residents of the City will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Scott Avenue street right-of-way, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished; provided, however, that: 1) this vacation shall not take effect until this Ordinance is recorded by the City Clerk with the Larimer County Clerk and Recorder; and 2) this Ordinance shall be recorded by the City Clerk concurrently with the recording of the subdivision plat for the development known as “Scott Plaza”; and 3) if this Ordinance is not so recorded by January 9, 2017, then this Ordinance shall become null and void and of no force and effect. Packet Pg. 399 Attachment17.5: Ordinance No. 052, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) - 2 - Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 400 Attachment17.5: Ordinance No. 052, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 401 Attachment17.5: Ordinance No. 052, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) Packet Pg. 402 Attachment17.5: Ordinance No. 052, 2014 (SR 052 Scott Avenue Right-of-Way Vacation) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Pete Wray, Senior City Planner SUBJECT Consideration of an Appeal of the Planning and Zoning Board's Decision to Approve the Bella Vira, Phase 2, Major Amendment and Replat. EXECUTIVE SUMMARY On March 21, 2014 an appeal was filed concerning the Planning and Zoning Board Hearing decision regarding a proposed Major Amendment and Replat to the Bella Vira, Phase 2, Final Plan. The project is located at the southwest corner of South Overland Trail and West Elizabeth Street. An amendment to the appeal was filed on March 28, 2014. The Amended Appeal, received on March 28, asserts that the Planning and Zoning Board failed to conduct a fair hearing, and properly interpret and apply relevant provisions of the Land use Code. BACKGROUND / DISCUSSION The Bella Vira, Phase 2, Major Amendment and Replat are the subject of this appeal. The original Bella Vira, Final Plan was approved in 2008. The Major Amendment to Phase 2, submitted on January 2, 2014, proposes a change of use from multi-family to single-family attached dwellings. The Replat of the existing, approved 25- unit multi-family plan, creates individual lot lines and utility connections. The Planning and Zoning Board issued a decision on March 13, 2014 to approve the proposed Major Amendment and Replat, and request for Modifications of Standard to Sections 3.5.2 (E) (1) (2). AMENDED APPEAL SUMMARY The Amended Appeal asserts that the Planning and Zoning Board failed to conduct a fair hearing, in that (a) the Board exceeded its authority or jurisdiction, (b) substantially ignored its previously established rules of procedure, (c) considered evidence relative to its findings which was substantially false or grossly misleading, and (d) improperly failed to receive all relevant evidence offered by the appellant. The Appellant failed to reference any applicable sections of the Land Use Code within the submitted appeal. ASSERTIONS OF APPEAL 1. The Appellant asserts that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Land Use Code. The Appellant states: 1A) Bella Vira has no legally recognizable vested rights at this time. Packet Pg. 403 Agenda Item 18 Item # 18 Page 2 The Staff Report (page 2 and 3) and contained: On May 18, 2006, the Planning and Zoning Board approved the Bella Vira, Project Development Plan (PDP) - #36-05A/B. On May 13, 2008 the Final Plan was approved. Per Section 2.2.11(D) (3), this Final Plan was granted a term of vested right for three years. On March 3, 2011, the term of vested right was extended administratively by the CDNS Director for one additional year per Section 2.2.11(D) (4). On March 23, 2012, the term of vested right was extended for the second time administratively by the CDNS Director for one additional year. Section 2.2.11(D) (4) allows for only two successive administrative extensions. On May 16, 2013, the term of vested right was extended for the third time by the Planning and Zoning Board for one additional year. This extension will require all engineering improvements in accordance with the approved utility plans must be completed no later than May 16, 2014. The Staff Report (page 10/11) and contained: In evaluating the Bella Vira, Filing 2, Major Amendment and Replat, and Modifications of Standard, Staff makes the following findings of fact: The request represents a Major Amendment/Replat for a Final Plan that was approved on May 13, 2008. This Final Plan is valid to May 16, 2014. If the subject Major Amendment is approved, it will supersede the Final Plan. The verbatim transcript from the Hearing of the Planning and Zoning Board (page 2) contain: “the original Project Development Plan was 16 approved in 2006, the Final Plan was approved in 2008, and Filing 1 is under separate ownership and a separate development agreement. The term of vested rights has been extended three times, with the last request this last year extended to May 16th of this year.” Staff is available to answer further questions from Council regarding Final Plan vested rights. The Appellant states: 1B) No sign had been posted on the property prior to the administrative decision to waive the requirement for- the neighborhood m·eeting. 1C) No sign had been posted on the property prior to the consideration of a Major Amendment and replat action taken by the P & Z. Such action is the subject of this appeal. Improper signage is a failure to properly interpret and apply. The verbatim transcript from the Hearing of the Planning and Zoning Board (page 9/10) contain: MR. WRAY: “But there was notice for this request sent out, there were signs posted…so that, I think, addresses those questions.” MR. WRAY: “The…as I understand, the sign at the recent location was actually posted on the corner of Overland and West Elizabeth on the southeast corner where there is a sidewalk. On the west side of Overland Trail there’s really no sidewalk along that portion, or development at this point. And when we received one of the calls today, they referenced the sign on that corner.” Packet Pg. 404 Agenda Item 18 Item # 18 Page 3 The Staff Report (page 9/10) contained: The LUC requires a neighborhood meeting be held for development proposals that are subject to a Planning and Zoning Board (Type 2) review. Since the proposed Major Amendment and Replat is for a previously approved FDP, the Director determined as part of the staff review and recommendation required pursuant to Section 2.2.1 (A) (4) that the development proposal would not have significant neighborhood impacts. Therefore, a City-sponsored and facilitated neighborhood information meeting was not held for this project. The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 2/3) contain: “There was a neighborhood meeting as part of the original approval of the Project Development Plan in 2006, and the required neighborhood meeting for this request was waived by the Director, and that decision was determined based on staff determination that the development proposal would not have a significant…any significant neighborhood impacts.” The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 7/8/11) contain: MR. MINATTA: “Sure. Okay, so…the issue of the neighborhood meetings and notification…the scope and nature of these requested changes that you guys are reviewing today really do not affect anything that deviated or modified existing prior approved plan. As I said, we’re replacing these six water sewers…twenty- five water and sewer services. So everything is the same…the prior approval in 2007 had absolutely no issues of concern raised the neighborhood meetings nor during the entire review process. We did have a neighborhood meeting; we had about six folks from The Ponds, they were all very supportive. I still have the list, I know Pete still probably has notes; if he doesn’t, I have notes from that meeting. So, we were well received and a lot of the interest has been from people in The Ponds regarding…actually interested in housing in the new project. We’ve worked closely too with the HOA; we had to negotiate some things with them. Nancy Eckhart was the president at the time; I know they notified The Ponds association through their minutes and their meeting notices. We’ve also talked to The Ponds recently…and, part of this thing…they didn’t know it existed, or whatever, but it’s been a really difficult time, a desperate time for people who’ve invested in these kinds of projects, and very hard. Thank goodness things are starting to do better, and that’s why this thing has come to life. The building that’s taking place right now is the single-family portion that Richmond Homes is building; we don’t have anything to do with that, although we did design and plan it.” MR. WRAY: “There were some questions on, you know, the neighborhood meetings prior to this request. I already mentioned the original neighborhood meeting that was part of the original approval in 2006, and the reasons why the neighborhood meeting for this request was waived. One of the questions was raised, why wasn’t there a neighborhood meeting with the request to extend vested rights last year? And that really wasn’t a development proposal, that was an action to extend, again, vested rights of a final development plan, and a neighborhood meeting is not required for that.” MR. WRAY: “There was a neighborhood meeting in 2006. This was a Type II review because of the changes in the western portion of the Filing 1, with the Residential Foothills change…so there was a neighborhood meeting in 2006. There wasn’t one for this request, it was waived because of the reasons that I stated, by the decision of the Director.” The Appellant states: 1D) The intersection being contemplated at Elizabeth and Overland Trail does not comport with applicable standards. This intersection appears to be poorly thought through and is being designed around artificial constraints (vault) that decrease its utility and increase safety problems. Unsafe intersections are a failure to properly interpret and apply. Packet Pg. 405 Agenda Item 18 Item # 18 Page 4 The verbatim transcript from the Hearing of the Planning and Zoning Board (page 8) contain: MR. MINATTA: “Concerning the alignment at West Elizabeth and Overland Trail…the alignment between West Elizabeth, you know as it goes across to the west…to this new extension across Overland Trail, it works fine, which…whenever streets are extended from developed to undeveloped areas, there are oftentimes circumstances that do require alignment adjustments; and this one is a minimal condition that was reviewed and approved by the City engineers and the private design engineers. The…improvements are not part of the scope of this townhome replat anyway, so…I don’t know, I mean it’s, I know it’s a concern, but it’s not part of what you’re looking at. Many of the issues…and regarding the turn lane, many of these issues are mitigated on the basis of scope, the size of this project. So, the results of the traffic study did not show a need for additional turn lanes because the traffic count for this project is so low...” MR. WRAY: “I just wanted to add to that, that that was kind of the larger context that you were asking about, but the approved project development plan in 2006 and the traffic study was based on twenty-five units for this Filing 2, and this request is not increasing the number of units in any manner, it’s still twenty-five units, just a different use type and lot configuration. MEMBER SCHNEIDER: “No, and I just wanted to make sure that there was no significant developments or changes prior…or since 2006 that would warrant a concern, regardless of the number of units…the impact study from 2006 to current.” The Staff Report (pages 8/11) contained: A Transportation Impact Study was submitted and evaluated by the City’s Traffic Engineering Department for the originally approved P.D.P. (May 18, 2006). Since the original approval has not lapsed and the proposed number of dwelling units has not changed with the current Major Amendment, a new and revised Traffic Study is not required and as such waived by the Traffic Engineer The Major Amendment and Replat continues to comply with the applicable General Development Standards of Article Three. The approved Final Plan and required engineering improvements are part of Phase 1, and not a part of Phase 2, Major Amendment and Replat. Staff is available to answer any further questions Council may have regarding approved Final Plan and intersection design. The Appellant states: 1E) Bella Vira does not have street connections to the North. When the Ponds neighborhood was constructed, interconnecting streets were constructed to create connectivity. Insufficient street connections are a failure to properly interpret and apply. The Record does not include any information or response to lack of street connections to the north of the property. Staff is available to answer any further questions Council may have regarding approved Final Plan design, including street connections. 2. The Appellant asserts that the Planning and Zoning Board failed to conduct a fair hearing. The Appellant states: All facts as described in (1) above are relevant here. 2A) Bella Vira has no legally recognizable vested rights at this time. See the above information from the Record in response to this allegation. 2B) No sign had been posted on the property prior to the administrative decision to waive the requirement for the neighborhood meeting. Packet Pg. 406 Agenda Item 18 Item # 18 Page 5 See the above information from the Record in response to this allegation. 2C) No sign had been posted on the property prior to the consideration of a Major Amendment and replat action taken by the P & Z. See the above information from the Record in response to this allegation. 2D) The intersection being contemplated at Elizabeth and Overland Trail does not comport with applicable standards. See the above information from the Record in response to this allegation. The Appellant states: 2b: All facts as described in (1) above are relevant here. Previously established rules of procedure include observing the Land Use Code. Departing from the Land Use Code as-described in other sections. Of this complaint in all regards is evidence that P & Z substantially ignored its previously established rules of procedure. The Appellant does not reference any specific rules of procedures, or Sections of the Land Use Code. Staff is not able to offer any information or response from the Record on this allegation. The Appellant states: 2c: All facts as described in (1) above are relevant here. The staff report that was prepared prior to the action under appeal provided a timeline for all administrative and decision maker actions regarding the history of the project. In this report, the month of May was consistently declared to be the expiration and extension date for each of 4 extensions. However, the public record shows that the approval of final design plans was acknowledged by the City and the applicant as having occurred on or before January 8th, 2008. Thus all expirations and extensions of vested rights can be assumed to have occurred in January or a previous month in 2007. The verbatim transcript from the Hearing of the Planning and Zoning Board (page 11) contain: MS. LANGENBERGER: “The utility plans were signed…the final date on the utility plan was 1/30/08, and the development agreement was dated, I think, in January of ’08 as well. So it was considered approved in January of ’08.” Staff is available to answer any further questions Council may have regarding correct date for Final Plan approval. The Appellant states: 2c: All facts as described in (1) above are relevant here. City staff representatives reported that the intersection of Elizabeth and Overland Trail had been approved prior to January 2008. This was evidence that the intersection was safe and acceptable for the design. However, it was apparent in the hearing that city staff representatives were unaware of the large offset in the cross street intersection. It did appear that what was being proposed for the intersection was unknown at that time. The approved Final Plan and required engineering improvements are part of Phase 1, and not a part of Phase 2, Major Amendment and Replat. Staff is available to answer any further questions Council may have regarding approved Final Plan and intersection design. The Appellant states: 2d: All facts as described in (1) above are relevant here. Granted only 3 minutes of testimony, after less than 8 hours’ notice of the public hearing, the appellant Packet Pg. 407 Agenda Item 18 Item # 18 Page 6 took a best effort approach to explaining the facts that now form the summaries of allegations included in this Notice of Appeal. Sufficient information was presented to introduce all allegations included in this notice. Staff is available to answer any further questions Council may have regarding the Appellant assertions that the Planning and Zoning Board failed to conduct a fair hearing, and failed to receive all relevant evidence offered by the appellant. ATTACHMENTS 1. Notice of Council Public Hearing and Site Visit (PDF) 2. Amended Notice of Appeal, filed March 28, 2014 (PDF) 3. Staff Report to Planning and Zoning Board (PDF) 4. Verbatim Transcript of Planning and Zoning Board Hearing (PDF) 5. Powerpoint presentation (PDF) Packet Pg. 408 ATTACHMENT 1 City Clerk’s Public Hearing Notice and Notice of Site Visit Packet Pg. 409 Attachment18.1: Notice of Council Public Hearing and Site Visit (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Packet Pg. 410 Attachment18.1: Notice of Council Public Hearing and Site Visit (Bella Vira Phase 2 Major Amendment Packet Pg. 411 Attachment18.1: Notice of Council Public Hearing and Site Visit (Bella Vira Phase 2 Major Amendment ATTACHMENT 2 Amended Notice of Appeal -Amended Notice of Appeal filed by Eric Sutherland, March 28, 2014 Packet Pg. 412 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Packet Pg. 413 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 414 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 415 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 416 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 417 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 418 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 419 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 420 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment Packet Pg. 421 Attachment18.2: Amended Notice of Appeal, filed March 28, 2014 (Bella Vira Phase 2 Major Amendment ATTACHMENT 3 Staff Report (with attachments) Provided to the Planning and Zoning Board Hearing held March 13, 2014 Packet Pg. 422 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Planning fcgov.com STA PROJEC APPLIC OWNER PROJEC This is a Final Pla located existing, seeks to is locate applican RECOM EXECUT The Maj approve has bee of the La (Type 2) for a Ma standard Major Am request setbacks (H). Services m/developm AFF REP CT: CANT: R: CT DESCR a request fo an. The req at the south , approved o replat to 2 ed in the Lo nt is reques MMENDATI TIVE SUMM jor Amendm ed Final Pla n reviewed and Use Co ) review. T ajor Amendm ds of Sectio mendment for a Modif s. Staff find entreview/ PORT Bella Vira John Min OFP Dev 2037 Lex Fort Collin Bella Vira Planning & Page 2 COMME 1. On May Develop On May Plan wa a, Filing 2, Ma & Zoning Hea ENTS: Backgro 18, 2006, t pment Plan 13, 2008 t s granted a jor Amendme aring 03/13/20 ound: Be the Plannin (PDP) - #3 he Final Pla a term of ve ent & Replat # 014 lla Vira Fil ng and Zoni 36-05A/B. an was app ested right f #140001 2 ing 2 – Co ing Board a proved. Pe for three ye ntext Map approved th er Section 2 ears. he Bella Vir 2.2.11(D) (3 ra, Project 3), this Finaal Packet Pg. 424 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 3 3 On March 3, 2011, the term of vested right was extended administratively by the CDNS Director for one additional year per Section 2.2.11(D) (4). On March 23, 2012, the term of vested right was extended for the second time administratively by the CDNS Director for one additional year. Section 2.2.11(D) (4) allows for only two successive administrative extensions. On May 16, 2013, the term of vested right was extended for the third time by the Planning and Zoning Board for one additional year. This extension will require all engineering improvements in accordance with the approved utility plans must be completed no later than May 16, 2014. The Bella Vira, Filing 2 M.A. includes a replat of the existing approved 25 unit multifamily plan by creating lot lines, and major amendment for a change of use to single-family attached. The current multi-family buildings, street, and open space design will remain unchanged. Changes to the utility plans consist of replacing the 6 water/sewer services allocated to each building, with 25 individual water/sewer services. The original multi-family plan will require minor updates to the grading and stormwater design in order to be compliant with the city’s current standards. The Bella Vira Filing 2 plan has its own development agreement and is owned separately from the overall original Bella Vira plan that included 60 single family detached lots. Accordingly, the replat will now consist of only the Filing 2 design. The portion of the development which contains the approved multi-family dwellings and which is the subject of the proposed replat is located in the LMN zone. Multi-family in the LMN is normally subject to a Type 1 Review. However, the original development was processed as a Type 2 review due to the single-family cluster development for the single family lots located in the RF zone. The proposed replat and housing type change from multi-family to attached, single family requires a Major Amendment. Section 2.2.10(B) (1) of the LUC pertaining to Major Amendments states that: "Major amendments to development plans or site specific development plans approved under this Code shall be reviewed and processed in the same manner as required for the original development plan for which amendment is sought." Since the original development and plat were processed as a Type 2, any subsequent major amendment and/or replat must also be processed as a Type 2, even though the use single-family attached is allowed in the zone as a Type 1. The property was annexed as the Minatta Annexation in November, 2005. Current surrounding zoning and land uses are as follows: Packet Pg. 425 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 4 4 Direction Zone District Existing Land Uses North Larimer County (FA-1) Colorado State University Foothills Campus South Low Density Residential (RL) Residential Foothills (RF) Existing Single-family Residential (Ponds) East Low Density Mixed-use Neighborhoods (LMN) Low Density Residential (RL) Existing Single-family and Multi-family Residential West Low Density Residential (RL) Residential Foothills (RF) Existing Single-family Residential (Ponds) 2. Section 2.2.10 (B) – Major Amendment: The request includes several minor changes, the cumulative effect of which causes a change in character thus warranting a Major Amendment versus a Minor Amendment. The following table summarizes the differences between the governing Final Plan and the proposed Major Amendment for Filing 2: Existing Final Plan Proposed Major Amendment Use Multi-family Single-family attached Lots 1 25 Buildings 6 6 Units 25 25 Bedrooms 60 60 On-Drive Parking 12 12 Garage Parking 50 50 Packet Pg. 426 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 5 5 3. Compliance with Article 4 – L-M-N Applicable Standards: A. Division 4.5 - Low Density Mixed-Use Neighborhood (LMN) The Major Amendment complies with the purpose of the LMN District as it is a project that provides single-family and multi-family dwellings on a property that is surrounded by developed properties containing residential and institutional uses. There is existing single-family and multi-family residential development to the east, and existing single- family residential development to the west and south. Property to the north is owned by Colorado State University and is partially developed as part of the Foothills Campus. A. Section 4.5(B) (2) (a) 3. – Permitted Use Single-family attached dwelling units are permitted in the L-M-N zone. As noted in a preceding section, this application is a Major Amendment, and per Section 2.2.10(B), is allowed to be processed in the same manner as the original approved Final Development Plan, which is vested to May 16, 2014 based on the last extension granted. Since the underlying P.D.P. was permitted and processed subject to Planning and Zoning Board Review, so too is the Major Amendment. B. Section 4.5(D)(1)(a) – Minimum Density The minimum required density in the L-M-N zone is 4.00 dwelling units per net acre except that projects on less than 20 acres shall have a minimum of 3.00 dwelling units per acre. Filing 2 is zoned L-M-N and includes 25 dwelling units on 3.47 acres achieving a density of 7.20 dwelling units per net acre, thus complying with the standard. C. Section 4.5(D)(1)(b) – Maximum Density The maximum allowable density in the L-M-N zone is 9.00 dwelling units per gross acre. Filing 2 is zoned L-M-N and includes 25 dwelling units on 3.91 gross acres achieving a density of 6.39 dwelling units per gross acre, thus complying with the standard. D. Section 4.5(E)(1)(a) – Street System Block Size This standard requires that the local street system provided by the development provide a network of streets in a manner that result in blocks of developed land no greater than 12 acres in size. The Major Amendment does not provide for any public streets. The project is served by one existing public street on the perimeter. The internal drive is private. Filing 2 is 3.91 acres. Packet Pg. 427 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 6 6 E. Section 4.5(E)(2)(c) – Building Height The maximum height in the L-M-N zone for buildings containing one, two and three- family dwellings is 2.5 stories. The six buildings in the L-M-N zone are all two stories, thus complying with the standard. 4. Compliance with Applicable Article Three – General Development Standards: The Major Amendment complies with the following applicable standards of the Land Use Code, except as noted: A. Section 3.2.1(D)(1)(c) – Landscaping and Tree Protection – Full Tree Stocking The Landscape Plan complies with the standard in that landscape areas are provided in adequate numbers, locations, and dimensions to allow full tree stocking along all high use or high visibility sides of buildings. B. Section 3.2.1(D)(2)(a) – Landscaping and Tree Protection – Street Trees Filing 2 does not include a public street. Deciduous shade trees are provided in the front yard planting areas near sidewalks along the private drive to provide some shade. C. Section 3.2.1(D)(3) – Minimum Species Diversity The Landscape Plan complies with the requirement that no one species of tree will exceed the allowable 33% of the total number of trees (27). D. Section 3.2.1 (E)(2) – Landscape Area Treatment The Landscape Plan complies with the requirement that all areas on the site not covered by buildings, structures, paving or impervious surface include landscape planting treatments. E. Section 3.2.1 (F) – Tree Protection and Replacement The Site and Landscape Plans comply with the requirement to protect existing trees on site. The area around the existing canal and natural habitat is protected by a buffer including existing Cottonwood trees. F. Section 3.2.2(C)(5) – Walkways Internal walkways within the site are safe and directly connect buildings, to the private drive sidewalks, and to the public street. Walkways are not circuitous and provide multiple points of access. Packet Pg. 428 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 7 7 G. Section 3.2.2(C)(6) – Direct On-site Access to Pedestrian and Bicycle Destinations The internal sidewalk system accommodates both pedestrians and bicycles. All internal drive walkways connect to the public sidewalks on West Elizabeth Street and Overland Trail. These sidewalks, in turn, connect to Overland Park and Bauder Elementary School, which are approximately one-third to half of a mile to the east. H. Section 3.2.2(K)(1)(a) – Number of Off-Street Parking Spaces This standard requires a minimum number of parking spaces for attached dwellings based on the number of bedrooms per unit and the number of units. Based on the mix of two and three-bedroom units, and the number of units, the minimum required number of parking spaces is 46. The Major Amendment provides 50 garage spaces thus exceeding the required minimum. The minimum required number of spaces per bedroom per unit compared to the number of spaces provided is as follows: 15 Two Bedroom Units x 1.75 spaces = 26 spaces 10 Three Bedroom Units x 2.00 spaces = 20 spaces Total Required 46 Total Provided 50 I. Section 3.2.4 – Site Lighting The Lighting Plan indicates that both pole and building mounted light fixtures will feature fully shielded and down-directional luminaires. In addition, there will be no illumination exceeding 0.1 (one-tenth) foot-candle as measured 20 feet from the property line. J. Section 3.4.1 – Natural Habitats and Features The original Ecological Characterization Study (ECS) was submitted in August 2005 as part of the previous approved project. A new updated ECS was provided with this submittal and identifies existing trees along the Pleasant Valley and Lake Canal riparian corridor as habitat to be maintained with a buffer. This buffer will be preserved to protect the existing riparian habitat along the canal. K. Section 3.5.1 – Building and Project Compatibility – Architectural Character This standard requires that new developments adjacent to existing developed areas shall be compatible with the established architectural character by using a design that is complementary. Packet Pg. 429 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 8 8 The proposed six buildings are a mix of one and two story structures all with pitched roofs. Exterior materials include stucco, faux flagstone and brick in various combinations horizontally across all elevations up to the full height of the first floor as well as with sections rising to the second floors. The balance of the building exteriors will feature horizontal cementitious lap siding. The roofs will be asphalt shingles. These exterior materials are typically found in neighborhoods and exhibit a residential character. All buildings are articulated with projecting entry features and multiple rooflines. Rooflines are varied and feature gabled ends. Mid-structure entrances and breezeways contribute to the articulation. L. Section 3.5.2 (E)(1) – Setback from Arterial Streets This first standard requires a minimum thirty (30) feet building setback to an arterial street right-of-way (Overland Trail). The second standard requires a minimum (15) feet setback to other streets (Elizabeth). The plan shows buildings to be located at setbacks slightly less than the minimum. A request for modifications of the standard to reduce the required setbacks is described in separate section below. M. Section 3.5.2(D) – Relationship of Dwellings to Streets and Parking This standard requires that buildings relate to streets by one of three methods:  Directly connecting to the street by a walkway.  Connecting to the street by a sidewalk no greater than 200 feet in length.  Connecting to a street by a major walkway spine, as specifically defined. The only changes to the previously approved plan include changing the use from Multi- family to Single-family attached, and adding individual lot lines for the 25 dwelling units. All six building entrances face a private drive with sidewalks on either side of the drive connecting to the public street (Elizabeth). None of the walkways cross an intervening parking lot or drive aisle, only driveways. The Major Amendment does not deviate any further from the requirements of this standard, than the approved Final Plan. N. Section 3.6.4(C) – Transportation Impact Study A Transportation Impact Study was submitted and evaluated by the City’s Traffic Engineering Department for the originally approved P.D.P. (May 18, 2006). Since the original approval has not lapsed and the proposed number of dwelling units has not changed with the current Major Amendment, a new and revised Traffic Study is not required and as such waived by the Traffic Engineer Packet Pg. 430 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 9 9 5. Requests for Modifications of Standard: A. Standard: Section 3.5.2 (E)(1) (2) – Residential Building Setbacks This first standard requires a minimum 30' building setback from an arterial street (Overland Trail in this case). The second standard requires a minimum 15' setback from other streets (Elizabeth Street in this case). B. Proposal The plan shows building setbacks from streets less than the minimum standard as follows:  A reduction of 18 inches to the Overland Trail setback for Building 1 (28.5’ provided rather than 30’).  A reduction of 16 inches to the Elizabeth Street setback for a corner of Building 5 (13.6’ provided rather than 15’). C. Applicant’s Justification The 18 inch reduction in setback at Overland Trail is less than 5% of the 30’ setback and the 16 inch reduction in setback at the corner of one building at West Elizabeth is less than 9% of the 15’ setback. Neither of these conditions is in any way detrimental to the public good and meets the modification review conditions of Section 2.8.2 (H) (4) of the Land Use Code. Specifically these setbacks do not diverge from the standards of the Land Use Code authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The current site plan previously approved in 2007 allowed the “less than minimum” setbacks. The actual less than minimum distances were illustrated on the reviewed drawings, signed by the city development authorities. The existing site layout and building design was predicated on this previously accepted condition. D. Staff Evaluation of the Modification: The proposed plan shows building locations that are the same as the previously approved plan in 2007. Staff finds that the deviations from standards as previously approved are nominal and inconsequential considering the plan as a whole. Packet Pg. 431 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 10 10 For building 5 along Elizabeth Street, only a corner of the building extends into the setback by a fractional amount, with the remainder of the building set back much further, up to 110 feet. Staff finds that the overall placement of the building offsets the small point at the corner which has the 16-inch deviation. For building 1 along Overland Trail, the 18-inch deviation is offset by a screen wall incorporated into the landscaped setback. Staff finds that the wall completely offsets the effect of the deviation, rendering it nominal and inconsequential. For the request for modification, Staff finds that the proposed Major Amendment and Replat is not detrimental to the public good. Further, Staff finds that the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the LUC as contained in Section 1.2.2. This is because the setback deviations for the two buildings in question are not significant, nor visible or recognizable by a person viewing buildings from the street. For building 5 along Elizabeth Street, only a corner of the building extends into the setback by a fractional amount, with the remainder of the building set back much further, up to 110 feet. Staff finds that the overall placement of the building offsets the small point at the corner which has the 16-inch deviation. For building 1 along Overland Trail, the 18-inch deviation is offset by a screen wall incorporated into the landscaped setback. Staff finds that the wall completely offsets the effect of the deviation, rendering it nominal and inconsequential. 6. Neighborhood Meeting: The LUC requires a neighborhood meeting be held for development proposals that are subject to a Planning and Zoning Board (Type 2) review. Since the proposed Major Amendment and Replat is for a previously approved FDP, the Director determined as part of the staff review and recommendation required pursuant to Section 2.2.1 (A) (4) that the development proposal would not have significant neighborhood impacts. Therefore, a City-sponsored and facilitated neighborhood information meeting was not held for this project. Packet Pg. 432 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 11 11 7. FINDINGS OF FACT/CONCLUSION: In evaluating the Bella Vira, Filing 2, Major Amendment and Replat, and Modifications of Standard, Staff makes the following findings of fact: 1. The request represents a Major Amendment/Replat for a Final Plan that was approved on May 13, 2008. This Final Plan is valid to May 16, 2014. If the subject Major Amendment is approved, it will supersede the Final Plan. 2. The Major Amendment and Replat is being processed as a Type II Development Review in the same manner as the Project Development Plan per Section 2.2.10(B). 3. The Major Amendment and Replat continues to comply with Division 4.5 LMN standards in Article Four Districts. 4. The Major Amendment and Replat continues to comply with the applicable General Development Standards of Article Three with one exception, Section 3.5.2 (E) (1) (2), for which Modifications of Standard are requested and also described below. 5. Modifications of Standard to Section 3.5.2 (E) (1) (2): Residential Building Setbacks. This standard requires a minimum 30' building setback to an arterial street and a minimum 15' setback is required to other streets. Staff finds that the proposed Major Amendment and Replat is not detrimental to the public good. Further, Staff finds that the Major Amendment and Replat as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the LUC as contained in Section 1.2.2. This is because the setback deviations for the two buildings in question are not significant, nor visible or recognizable by a person viewing buildings from the street. For building 5 along Elizabeth Street, only a corner of the building extends into the setback by a fractional amount, with the remainder of the building set back much further, up to 110 feet. Staff finds that the overall placement of the building offsets the small point at the corner which has the 16-inch deviation. For building 1 along Overland Trail, the 18-inch deviation is offset by a screen wall incorporated into the landscaped setback. Staff finds that the Packet Pg. 433 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Bella Vira, Filing 2, Major Amendment & Replat #140001 Planning & Zoning Hearing 03/13/2014 Page 12 12 wall completely offsets the effect of the deviation, rendering it nominal and inconsequential. RECOMMENDATION: Staff recommends approval of Bella Vira, Filing 2, Major Amendment and Replat # 140001, and request for modifications for LUC Section 3.5.2 (E) (1)(2) for building setbacks. ATTACHMENTS: 1. Zoning Map 2. Plat 3. Site Plan 4. Landscape Plan 5. Building Elevations 6. Utility Plans 7. Applicant’s Narrative and Request for Modification Packet Pg. 434 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 1 Planning And Zoning Board Hearing March 13, 2014 Bella Vira, Filing 2, Major Amendment and Replat #140001 Packet Pg. 435 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 2 Bella Vira, Filing 2, Major Amendment and Replat Context Map Packet Pg. 436 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 3 Bella Vira, Filing 2, Major Amendment and Replat Existing Zoning Packet Pg. 437 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 4 Filing 2 Bella Vira, Filing 2, Major Amendment and Replat Filing 2 CSU The Ponds Packet Pg. 438 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 5 W. Elizabeth St. Bella Vira, Filing 2, Major Amendment and Replat Filing 2 Packet Pg. 439 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 6 Bella Vira, Filing 2, Major Amendment and Replat Packet Pg. 440 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 7 Bella Vira, Filing 2, Major Amendment and Replat Packet Pg. 441 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 8 Bella Vira, Filing 2, Major Amendment and Replat Project Description: • Major Amendment and Replat of approved 2008 Final Plan • Replat of NE portion of Bella Vira Phase II to create 25 lots • Major Amendment to change use from Multi- family to Single-family attached • Request for Modifications of Standard to Sections 3.5.2 (E) (1) (2) Packet Pg. 442 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 9 Bella Vira, Filing 2, Major Amendment and Replat Project Background: • Original PDP approved in 2006, and Final Plan approved in 2008 • Bella Vira Filing 1 is under separate ownership and development agreement • Term of vested rights extended to May 16, 2014 • Proposed Replat and housing type change requires a Major Amendment • Type 2 Review – consistent with approved 2006 PDP Packet Pg. 443 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 10 Bella Vira, Filing 2, Major Amendment and Replat Plat Packet Pg. 444 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 11 Bella Vira, Filing 2, Major Amendment and Replat Site Plan Packet Pg. 445 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 12 Bella Vira, Filing 2, Major Amendment and Replat Landscape Plan Packet Pg. 446 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 13 Bella Vira, Filing 2, Major Amendment and Replat Building Elevations Packet Pg. 447 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 14 Bella Vira, Filing 2, Major Amendment and Replat Findings/Conclusion: • The request represents a Major Amendment/Replat for an approved Final Plan – processed as Type 2 Review • Continues to comply with Division 4.5 LMN standards • Continues to comply with General Development Standards in Article Three – with one exception, Section 3.5.2 (E) (1) (2), for which Modifications of Standard are requested • Proposed project is not detrimental to the public good, not diverge from standards in LUC except in a nominal and inconsequential way. Packet Pg. 448 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 15 Bella Vira, Filing 2, Major Amendment and Replat Staff Recommendation: Staff recommends approval of Bella Vira, Filing 2, Major Amendment and Replat # 140001, and request for modifications for LUC Section 3.5.2 (E) (1) (2) for building setbacks. Packet Pg. 449 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 16 Planning And Zoning Board Hearing March 13, 2014 Bella Vira, Filing 2, Major Amendment and Replat #140001 Packet Pg. 450 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 17 Bella Vira, Filing 2, Major Amendment and Replat Existing Information Packet Pg. 451 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 18 Bella Vira, Filing 2, Major Amendment and Replat Grading Plan Packet Pg. 452 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 19 Bella Vira, Filing 2, Major Amendment and Replat Grading Plan Packet Pg. 453 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 20 Bella Vira, Filing 2, Major Amendment and Replat Grading Plan Packet Pg. 454 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 21 Bella Vira, Filing 2, Major Amendment and Replat Grading Plan Packet Pg. 455 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 22 Packet Pg. 456 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 23 Packet Pg. 457 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 24 Packet Pg. 458 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 25 Packet Pg. 459 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 26 Packet Pg. 460 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 27 Packet Pg. 461 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 28 Packet Pg. 462 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 29 Packet Pg. 463 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) SP-1 OF 2 Dr Rutledge Ct. Way Ct. Ct. Southd Ct. Knotwood Village Ln. Woodrose Ct Ponderosa Dr. Ash Dr. Cypress Dr. Orchard Ct. Ct. Arlene Dr. Dr. Dr. Azalea Ct. Palm Dr. Spruce S. Taft Hill Rd. W W. Plum S t. Dr. Etton Fairbrooke Suffolk St. Covington Larch St. Real Ct. Ct. Palm Dr. Ln. Ct. Dr. Cedarwood Ct. wood Fleet- La Reatta Ct. Ct. Rd. wood Ct. Pleasant Valley Rd. W . P r os p SWALE LINE CITY REGIONAL DETENTION POND TRACT C OVERLAND TRAIL FT. COLLINS-LOVELAND WATER DISTRICT BOOK 1501, PAGE 724 Lot 2 OFP Development M.L.D. W. ELIZABETH STREET STATE OF COLORADO BOARD OF AGRICULTURE -IN THE COUNTY- COLORADO STATE UNIVERSITY Lot 13 UNIT 101 LORY ANN ESTATES CONDOMINIUMS AT OVERLAND TRAIL Unit A, Bldg 5 ELIZABETH AT OVERLAND TRAIL CONDOS Unit 1 HERITAGE CONDOS 2639.77' S00°10'18"W 20' CITY OF FORT COLLINS WATER LINE EASEMENT X X X X X X X X X X X X X P HEADWALL T TEL OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE E W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Packet Pg. 466 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Packet Pg. 467 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) RL LMN RF Overland Park Rampart Rd Banyan Dr Gold e n C urrant B l v d Coneflower Dr Pleas a n t V al l e y Rd V i r g i n i a Dal e D r Louise Ln Tierra Ln Andrews Peak Dr W ell s F a r g o D r La Reatta Ct Locust Grove Dr Cuerto Ln Kimball Rd Reedgrass Ct H one y s u c 7 T R E E P R O T E C T I O N D E T A I L JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWN HOMES FORT COLLINS, CO 13116 FEB. 12, 2014 DWL/CGL DWL SHEET INDEX: L-1 L-2 L-3 LANDSCAPE PLAN COVER & NOTE SHEET LANDSCAPE MASTER PLAN LANDSCAPE PLAN DETAILS LANDSCAPE CONCEPT TREE SPECIES SELECTED FOR OPEN, NATURAL AREAS REPRESENT TRADITIONAL, NATIVE AND LOCALLY ADAPTIVE SPECIES HISTORICALLY REPRESENTED WITHIN THE COLORADO PLAINS AND FOOTHILLS. THE LANDSCAPE PLAN CONSISTS OF NATIVE & NONNATIVE DROUGHT TOLERANT PLANT SPECIES. TREES HAVE BEEN CHOSEN FOR VISUAL CHARACTERISTICS, FORM AND WATER USE. AN EFFORT HAS BEEN MADE TO CREATE A MORE SUSTAINABLE LANDSCAPE PALETTE BY INCORPORATING TREES TOLERANT TO DROUGHT CONDITIONS, POLLUTANTS, AND ARE RESISTANT TO BREAKAGE. PROPOSED PLANT MATERIALS THROUGHOUT THE SITE HAVE BEEN CHOSEN FOR LONGEVITY AND RESISTANCE TO DISEASE. HARDY PLANTS ADAPTED TO COLORADO'S CLIMATIC CONDITIONS HAVE BEEN EMPHASIZED. SHRUB AREAS WITHIN DETENTION AREAS WILL BE CLUSTERED TO PROVIDE FORAGING AREAS AND AREAS OF REFUGE FOR LOCAL WILDLIFE. ADAPTATION TO SITE CONDITIONS LANDSCAPE NOTES 1. ALL PLANT MATERIAL SHALL MEET SPECIFICATIONS OF THE AMERICAN ASSOCIATION OF NURSERYMEN (AAN) FOR NUMBER ONE GRADE. ALL TREES SHALL BE BALLED AND BURLAPPED OR EQUIVELENT. 2. TREES SHALL NOT BE PLANTED CLOSER THAN 4 FEET TO GAS LINE OR NO CLOSER THAN 10 FEET FROM WATER MAINS, 6’ FROM WATER/SEWER LINES. SHRUBS SHALL NOT BE PLANTED CLOSER THAN 4 FEET TO WATER OR SEWER LINE. TREE PLANTING SHALL BE COORDINATED WITH PUBLIC SERVICE COMPANY. LOCATIONS OF ALL UTILITIES SHALL BE VERIFIED IN THE FIELD PRIOR TO PLANTING. A HORIZONTAL DISTANCE OF 40 FEET BETWEEN STREET TREES AND STREET LIGHTS SHALL BE MAINTAINED. 3. A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED ON THE PUBLIC RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT MAY RESULT IN REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY. 4. LANDSCAPING SHALL BE INSTALLED OR SECURED WITH A LETTER OF CREDIT, ESCROW, OR PERFORMANCE BOND FOR 125% OF THE VALUE OF THE LANDSCAPING AND INSTALLATION PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. . 5. CONTACT THE CITY FORESTER TO INSPECT ALL STREET TREE PLANTINGS (IF ANY) AT THE COMPLETION OF EACH PHASE OF THE DEVELOPMENT. ALL TREES NEED TO HAVE BEEN INSTALLED AS SHOWN ON THE LANDSCAPE PLAN. APPROVAL OF STREET TREE PLANTING IS REQUIRED BEFORE FINAL APPROVAL OF EACH PHASE. 6. LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAYS AND COMMON OPEN SPACE AREAS (IF ANY) SHALL BE INSTALLED BY THE DEVELOPER AND MAINTAINED BY THE OWNER. DEVELOPER SHALL INSTALL AND MAINTAIN AN IRRIGATION SYSTEM WITHIN THE PARKWAY DIRECTLY IN FRONT OF THE PROPERTY. 7. DEVELOPER SHALL ENSURE THAT THE LANDSCAPE PLAN IS COORDINATED WITH THE PLANS DONE BY OTHER CONSULTANTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, OR OTHER CONSTRUCTION DOES NOT CONFLICT NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. 8. ALL LANDSCAPE AREAS WITHIN THE SITE SHALL BE IRRIGATED WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. AN IRRIGATION PLAN WILL BE REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 9. ALL TURF AREAS TO BE IRRIGATED WITH AN AUTOMATIC POP-UP IRRIGATION SYSTEM. ALL SHRUB BEDS AND NEW TREES, INCLUDING 30' PROPOSED DRAINAGE & ACCESS EASEMENT REC. NO. 20080027069 6 L3 BUILDING FOOTPRINT #6 PLANTING PLAN 5 L3 BUILDING FOOTPRINT #5 PLANTING PLAN 4 L3 BUILDING FOOTPRINT #3 PLANTING PLAN G G G G G G G G G G G G G G SS SS SS SS SS SS G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G PLANTING PLAN E E E E (4) EFE (1) TO (3) BMK HA (6) PFG (3) CA (3) SBG (5) CC (2) TO (3) BTC (4) CA (4) PAH (7) JSC (4) BMK (3) RWP (3) PB (5) PAH (2) TO (8) PFG (4) RWP (3) PB (5) PAH (7) JSC (1) RFC (7) RWP (5) PFG (4) SBG (5) CA (3) BTC (3) CC (4) PB (3) CA (6) (2) TO (3) PFG (4) CA (8) JSC (5) PAH (3) PFG (3) RWP From: Pete Wray To: Cindy Cosmas; Cameron Gloss Cc: Laurie Kadrich Subject: Bella Vira, Filing 2 Major Amendment and Replat #140001 Date: Thursday, March 13, 2014 3:58:10 PM Cindy, I received two phone calls today in response to the notice for the Bella Vira, Filing 2 Major Amendment and Replat #140001 on the agenda tonight with the Planning and Zoning Board for the record. 1. Phone message received at 11:10 a.m. by Eric Sutherland.  Concerns of why a neighborhood meeting was not held for this item, and in 2013 with the FDP Extension Request  Lack of on-street parking for proposed Filing 2 development  Off-alignment of W. Elizabeth/Overland intersection  Why no turn lanes on West Elizabeth, exiting on to Overland Tr.  Why is there a gap in westside sidewalk on Overland and will that be completed with this project (ditch through FCLWD site) 2. Phone message received at 1:56 p.m. by Jen Mommer.  Interested in finding what project is about Thanks, Pete Wray, Senior City Planner Planning Services | City of Fort Collins pwray@fcgov.com 970.221.6754 Packet Pg. 472 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) From: Brad and Violet [mailto:bvmugg@gmail.com] Sent: Saturday, March 01, 2014 5:24 PM To: Pete Wray Subject: Bella Vira Hearing Dear Mr Wray, Thanks for the recent notification concerning the Bella Vira public hearing. My wife and I are residents of the Saddleridge Condo property and do have one concern. We don't plan to attend the hearing and hope that we can just pass along this observation about traffic on Overland and Elizabeth, as it seems that the entrance to the Bella Vira property will be very close if not directly connected to that corner. Currently, there are times that it is very difficult for cars at the Elizabeth stop sign to turn onto Overland. In fact we have seen quite a few desperate moves by motorists tired of waiting and feeling the pressure a vehicles behind them. This corner is a little bit blinded by the hill and positioning of the lanes. Our concern is that if the entrance to the Bella Vira property is too close to this corner it will make a difficult situation much worse. We are just wanting to make your office aware of this situation in hopes that this will be taken into consideration as the project moves along. Thanks for taking in to account our concerns. Sincerely, Michael and Violet Mugg 970-599-0441 3002 W Elizabeth, Unit 5F Fort Collins. Packet Pg. 473 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Packet Pg. 474 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Packet Pg. 475 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) PROJECT SITE COLORADO EQUINE RESEARCH OVERLAND TRAIL W. ELIZABETH STREET PRELIMINARY UTILITY PLANS FOR BELLA VIRA SUBDIVISION FILING TWO BEING A REPLAT OF TRACT A, BELLA VIRA SUBDIVISION, PART OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO FEBRUARY 2014 THESE PLANS HAVE BEEN REVIEWED BY THE LOCAL ENTITY FOR CONCEPT ONLY. THE REVIEW DOES NOT IMPLY RESPONSIBILITY BY THE REVIEWING DEPARTMENT, THE LOCAL ENTITY ENGINEER, OR THE LOCAL ENTITY FOR ACCURACY AND CORRECTNESS OF THE CALCULATIONS. FURTHERMORE, THE REVIEW DOES NOT IMPLY THAT QUANTITIES OF ITEMS ON THE PLANS ARE THE FINAL QUANTITIES REQUIRED. THE REVIEW SHALL NOT BE CONSTRUED IN ANY REASON AS ACCEPTANCE OF FINANCIAL RESPONSIBILITY BY THE LOCAL ENTITY FOR ADDITIONAL QUANTITIES OF ITEMS SHOWN THAT MAY BE REQUIRED DURING THE CONSTRUCTION PHASE. I HEREBY AFFIRM THAT THESE FINAL CONSTRUCTION PLANS WERE PREPARED UNDER MY DIRECT SUPERVISION, IN ACCORDANCE WITH ALL APPLICABLE CITY OF FORT COLLINS AND STATE OF COLORADO STANDARDS AND STATUTES, RESPECTIVELY; AND THAT I AM FULLY RESPONSIBLE FOR THE ACCURACY OF ALL DESIGN, REVISIONS, AND RECORD CONDITIONS THAT I HAVE NOTED ON THESE PLANS. KEVIN BRAZELTON, PE #38837 DATE 6&$/(  VICINITY MAP COVER SHEET C0.00 BELLA VIRA TOWNHOMES INC. 1313 FAIRWAY FIVE DRIVE FORT COLLINS, CO 80525 PHONE: 970-690-2662 CONTACT: JOHN MINATTA UNITED CIVIL DESIGN GROUP, LLC 1501 ACADEMY CT., STE 203 FORT COLLINS, CO 80524 PHONE: 970-530-4044 CONTACT: KEVIN BRAZELTON LOCKWOOD ARCHITECTS, INC. 415 E. PITKIN STREET FORT COLLINS, CO 80524 PHONE: 970-493-1023 CONTACT: COURTNEY LOCKWOOD LOCKWOOD ARCHITECTS, INC. 415 E. PITKIN STREET FORT COLLINS, CO 80524 PHONE: 970-493-1023 CONTACT: DANA LOCKWOOD KING SURVEYORS, INC. 650 GARDEN DRIVE WINDSOR, CO 80550 PHONE: 970-686-5011 CONTACT: LARRY PEPEK 12. The developer installing signs shall be responsible for locating and protecting all underground utilities. 13. Special care shall be taken in sign location to ensure an unobstructed view of each sign. 14. Signage and striping has been determined by information available at the time of review. Prior to initiation of the warranty period, the City of Fort Collins Traffic Engineer reserves the right to require additional signage and/or striping if the City of Fort Collins Traffic Engineer determines that an unforeseen condition warrants such signage according to the MUTCD or the CDOT M and S standards. All signage and striping shall fall under the requirements of the two year warranty period for new construction (except fair wear on traffic markings). 15. Sleeves for sign posts shall be required for use in islands/medians. Refer to Chapter 14, Traffic Control Devices, for additional detail. 1. The erosion control inspector must be notified at least twenty-four (24) hours prior to any construction on this site. 2. There shall be no earth-disturbing activity outside the limits designated on the accepted plans. 3. All required perimeter silt and construction fencing shall be installed to any land disturbing activity (stockpiling, stripping, grading, etc). All other required erosion control measures shall be installed at the appropriate time in the construction sequence as indicated in the approved project schedule, construction plans, and erosion control report. 4. At all times during construction, the developer shall be responsible for preventing and controlling on-site erosion including keeping the property sufficiently watered so as to minimize windblown sediment. The developer shall also be responsible for installing and maintaining all erosion control facilities shown herein. 5. Pre-disturbance vegetation shall be protected and retained wherever possible. Removal or disturbance of existing vegetation shall be limited to the area(s) required for immediate construction operations, and for the shortest practical period of time. 6. All soils exposed during land disturbing activity (striping, grading, utility installations, stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land contours until mulch, vegetation, or other permanent erosion control BMPS are installed. No soils in areas outside project street rights-of-way shall remain exposed by land disturbing activity for more than thirty (30) days before required temporary or permanent erosion control (e.g. seed/mulch, landscaping, etc.) is installed, unless otherwise approved by the city/county. 7. In order to minimize erosion potential, all temporary (structural) erosion control measures shall: A. Be inspected at a minimum of once every two (2) weeks and after each significant storm event and repaired or reconstructed as necessary in order to ensure the continued performance of their intended function. B. Remain in place until such time as all the surrounding disturbed areas are sufficiently stabilized as determined by the erosion control inspector. C. Be removed after the site has been sufficiently stabilized as determined by the erosion control inspector. 8. When temporary erosion control measures are removed, the developer shall be responsible for the cleanup and removal of all sediment and debris from all drainage infrastructure and other public facilities. 9. The contractor shall immediately clean up any construction materials inadvertently deposited on existing streets, sidewalks, or other public rights of way, and make sure streets and walkways are cleaned at the end of each working day. 10. All retained sediments, particularly those on paved roadway surfaces, shall be removed and disposed of in a manner and location so as not to cause their release into any waters of the United States. 11. No soil stockpile shall exceed ten (10) feet in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering, and perimeter silt fencing. Any soil stockpile remaining after thirty (30) days shall be seeded and mulched. 12. The storm water volume capacity of detention ponds will be restored and storm sewer lines will be cleaned upon completion of the project and before turning the maintenance over to the city/county or Homeowners Association (HOA). 13. City ordinance and Colorado Discharge Permit System (CDPS) requirements make it unlawful to discharge or allow the discharge of any pollutant or contaminated water from construction sites. Pollutants include, but are not limited to discarded building materials, concrete truck washout, chemicals, oil and gas products, litter, and sanitary waste. The developer shall at all times take whatever measures are necessary to assure the proper containment and disposal of pollutants on the site in accordance with any and all applicable local, state, and federal regulations. 14. A designated area shall be provided on site for concrete truck chute washout. The area shall be constructed so as to contain washout material and located at least fifty (50) feet away from any waterway during construction. Upon completion of construction activities the concrete washout material will be removed and properly disposed of prior to the area being restored. 15. Conditions in the field may warrant erosion control measures in addition to what is shown on these plans. The developer shall implement whatever measures are determined necessary, as directed by the city/county. 16. A vehicle tracking control pad shall be installed when needed for construction equipment, including but not limited to personal vehicles exiting existing roadways. No earthen materials, i.e. stone, dirt, etc. shall be placed in the curb & gutter or roadway as a ramp to access temporary stockpiles, staging areas, construction materials, concrete washout areas, and/or building sites. 1. Water mains shall be DIP with polywrap or PVC with tracer wire. 2. Water mains shall be installed with 4.5 to 5.5 feet of cover unless otherwise approved. 3. HDPE pipe may be used for 1-1/2 and 2 inch water services. The pipe shall meet the standards of AWWA 901, NSF Standard 61 and ASTM. The HDPE pipe shall be SDR 9 having a pressure rating of 200 psi. Stiffeners shall be used at all fittings and connections. Tracer wire shall be installed with the HDPE service, and shall extend up the curb stop. The curb stop shall be covered with a metal box and tracer wire test lid per City Water Detail 25. 1. All materials, workmanship, and construction of public improvements shall meet or exceed the Standards and Specifications set forth in the Larimer County Urban Area Street Standards and applicable state and federal regulations. Where there is conflict between these plans and the specifications, or any applicable standards, the most restrictive standard shall apply. All work shall be inspected and approved by the local entity. 2. All references to any published standards shall refer to the latest revision of said standard, unless specifically stated otherwise. 3. These public improvement construction plans shall be valid for a period of three years from the date of approval by the local entity engineer. Use of these plans after the expiration date will require a new review and approval process by the local entity prior to commencement of any work shown in these plans. 4. The engineer who has prepared these plans, by execution and/or seal hereof, does hereby affirm responsibility to the local entity, as beneficiary of said Packet Pg. Packet Pg. PROPERTY BOUNDARY (TYP.) PROPERTY BOUNDARY (TYP.) WEST ELIZABETH IMPROVEMENTS CURRENTLY UNDER CONSTRUCTION (SEE NOTE 1) EXISTING 20' E.A.E. EXISTING 20' UTILITY ESMT. EXISTING 10' WATERLINE ESMT. EXIST. 15' U.E. EXISTING 75' UNITED STATES ESMT. 107.5' PUBLIC RIGHT-OF-WAY EXIST. 9' UTIL. ESMT. 51' PUBLIC RIGHT-OF-WAY EXISTING 8" SANITARY STUB (SEE NOTE 1) EXISTING 8" WATER STUB (SEE NOTE 2) EXISTING 8" WATER STUB (SEE NOTE 2) APPROXIMATE LOCATION OF EXISTING 36" WATERLINE EXISTING 12" HDPE DRAIN PIPE EXISTING 8" HDPE DRAIN PIPE EXISTING HEADWALL INV. 5113.1 (12" HDPE) INV. 5112.9 (8" HDPE) CENTERLINE OF PLEASANT VALLEY AND LAKE CANAL OVERLAND TRAIL WIDENING IMPROVEMENTS CURRENTLY UNDER CONSTRUCTION (SEE NOTE 1) EXISTING 16" WATERLINE EXISTING 8" WATERLINE EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT EXISTING OVERHEAD LIGHT (TYP.) REMOVE EXISTING FENCE TO PROPERTY LINE EXISTING WAPA N:1452824.62 E:3102165.78 N:1452822.18 E:3102208.89 Lot 7 Lot 1 Lot 2 Lot 6 Lot 5 Lot 4 Lot 3 Lot 12 Lot 11 Lot 8 Lot 13 Lot 15 Lot 14 Lot 16 Lot 17 Lot 10 Lot 9 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 1 2 2 2 2 1 2 2 3 3 3 3 4 4 4 4 LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE SCREEN WALL AND MONUMENT SIGN (SEE NOTE 4) REAR PATIO OR DECK (TYP.) (SEE ARCH. PLANS) LOT LINE (TYP.) 2' CONCRETE PAN SCREEN WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) SEE SHEET C5.0 FOR STREET PLAN & PROFILE REMOVE EXISTING PLUG TIE-IN TO EXISTING N=1452815.07 E=3102112.08 SEE NOTE #2 8" 22.5° & 11.25° BEND W/T.B. N=1452793.14 E=3102113.94 S4°50'16.46"E 22.00' S36°27'47.02"E 38.89' 8" 11.25° BEND W/T.B. N=1452761.87 E=3102137.05 S47°27'47.02"E 142.44' 8" 22.5° BEND W/T.B. N=1452665.57 E=3102242.01 8" 22.5° BEND W/T.B. N=1452659.62 E=3102256.18 S67°13'05.73"E 15.37' S89°43'05.73"E 87.38' 8" x 6" SWIVEL TEE W/T.B. 6" GATE VALVE (N) N=1452659.19 E=3102343.56 FH ASSEMBLY N=1452671.39 E=3102343.62 FLANGE=5129.19 S89°43'05.73"E 16.39' 8" 45° BEND W/T.B. N=1452659.11 E=3102359.95 N45°16'54.27"E 27.51' 8" 45° BEND W/T.B. N=1452678.47 E=3102379.50 N0°16'54.27"E 52.51' 8" 22.5° BEND W/T.B. N=1452730.97 E=3102379.75 N12°49'44.58"W 120.59' REMOVE EXISTING PLUG TIE-IN TO EXISTING N=1452848.56 E=3102352.98 SEE NOTE #2 8" SANITARY SEWER (SEE SANITARY SEWER PLAN & PROFILE C3.01) 5115 5120 5125 5130 5135 5140 5115 5120 5125 5130 5135 5140 9+50 10+00 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 15+00 15+50 15+75 51.93 LF 8" PVC @ 0.40% 185.52 LF 8" PVC @ 0 .40% 119.76 LF 8" PVC @ 0.40% 35.80 LF 8" PVC @ 0.40% 57.81 LF 8" PVC @ 0.40% 89.84 LF 8" PVC @ 0.40% MH A-3 STA: 13+57.21 RIM = 5128.77 DEPTH = 6.67' INV. IN = 5122.20 (NE) INV. OUT = 5122.10 (W) MH A-1 STA: 10+51.93 RIM = 5128.42 DEPTH = 7.74' INV. IN = 5120.78 (SE) INV. OUT = 5120.68 (N) MH A-2 STA: 12+37.46 RIM = 5125.20 DEPTH = 3.68' INV. IN = 5121.62 (E) INV. OUT = 5121.52 (NW) MH A-4 STA: 13+93.01 RIM = 5129.77 DEPTH = 7.43' INV. IN = 5122.44 (N) INV. OUT = 5122.34 (SW) MH A-5 STA: 14+50.82 RIM = 5131.62 DEPTH = 8.95' INV. IN = 5122.77 (N) INV. OUT = 5122.67 (S) MH A-6 STA: 15+40.66 RIM = 5134.57 DEPTH = 11.43' INV. OUT = 5123.13 (S) STA: 12+30.57 INV.= 5118.03' PROP. 10" HDPE STORM PROPOSED GRADE EXISTING GROUND EXMH RIM = 5128.58 5110 5115 5120 5125 5130 5135 5110 5115 5120 5125 5130 5135 EG=5116.0 FG=5115.42 9+50 EG=5116.6 FG=5117.14 10+00 EG=5118.0 FG=5125.47 10+50 EG=5122.2 FG=5126.09 11+00 EG=5127.6 FG=5126.54 11+50 EG=5129.4 FG=5127.54 12+00 49.25 LF 18" HDPE @ 1.00% 79.77 LF 10" HDPE @ 1.50% 33.63 LF 10" HDPE @ 1.50% 10.21 LF 10" HDPE @ 1.50% 45.43 LF 10" HDPE @ 1.50% INLET 1-7 STA 12+24.84 RIM 5127.6± INV. IN 5125.00 (E) INV. OUT 5123.50 (SE) INLET 1-4 STA 11+35.56 RIM 5126.3± INV. IN 5122.16 (N) INV. OUT 5119.02 (SW) INLET 1-2 STA 10+52.62 RIM 5125.4± INV. IN 5117.83 (NW) INV. OUT 5117.63 (S) SUMP 5113.13 BEND 1-6 (11.25°) STA 11+79.40 INV. 5122.82 BEND 1-5 (22.5°) STA 11+69.19 INV. 5122.67 HEADWALL 1 STA 10+00.00 INV. 5117.14 SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF Lot 21 Lot 20 Lot 1 Lot 2 Lot 3 Lot 25 Lot 24 Lot 23 Lot 22 Lot 7 Lot 6 Lot 5 Lot 4 Lot 12 Lot 8 Lot 11 Lot 13 Lot 15 Lot 14 Lot 16 Lot 17 Lot 10 Lot 9 ROOF DRAIN (SEE SHEET C3.02) STORM LINE 1 (SEE SHEET C3.02) 2' SIDEWALK CHASE BIOSWALE WITH UNDERDRAIN (SEE DETAILED GRADING PLAN & DETAILS) BUILDING 4 BUILDING 3 BUILDING 2 BUILDING 1 BUILDING 5 BUILDING 6 2-FOOT CONCRETE PAN 2' SIDEWALK CHASE PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C4.01-C4.03_DETAILED GRADING P 2/11/2014 8:42:04 AM SME DETAILED GRADING PLAN C4.01 N/A 10' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 010'20' SCALE: 1" = 10' 5' LOT LINES / R.O.W. EASEMENT LINES CENTERLINE CURB & GUTTER LEGEND 5124 5124 PROPOSED 1' CONTOUR EXISTING 1' CONTOUR SIDEWALK CHASE STORM SEWER STORM INLET RETAINING WALL NOTES 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF BUILDING 3 BUILDING 2 Lot 7 Lot 12 Lot 8 Lot 11 Lot 13 Lot 10 Lot 9 LANDSCAPE WALL TOW=5120.00 PATIO PATIO PROVIDE (1) 5" RISER PROVIDE (3) 7" RISER MAX. PROVIDE (1) 6" RISER PROVIDE (1) 5" RISER PATIO PATIO PATIO PROVIDE (2) PATIO RISERS (7" MAX.) RAMP LANDSCAPE WALL TOW=5119.90 LANDSCAPE WALL TOW=5130.70 PATI PATI REFER TO SHEET C5.00 FOR STREET PLAN & PROFILE BIOSWALE WITH 4" PERFORATED UNDERDRAIN (SEE DETAILS) END BIOSWALE AND PERFORATED UNDERDRAIN INV.=5115.38 (SEE DETAILS) EXTEND SOLID WALL HDPE PIPE TO POND @ 1% MINIMUM SLOPE 28" CONCRETE PAN VERTICAL CURB 2-FOOT CURB CUT AND SIDEWALK CHASE RISERS (7 MAX.) PROPERTY BOUNDARY SEE GRADING DETAIL 'A' 5' MIN. END SWALE DAYLIGHT 4" HDPE PIPE INV. 5114.76 UTILITY CROSSING 4" UNDERDRAIN INV. 5115.11 12" HDPE T.O.P.=5114.6± 8" HDPE T.O.P.=5114.2± UTILITY CROSSING BUILDING 2 BUILDING 1 Lot 7 Lot 6 Lot 10 Lot 9 Lot 8 PROVIDE (1) 5" RISER PATIO PATIO PATIO PATIO PROVIDE (2) RISERS (7" MAX.) RAMP LANDSCAPE WALL TOW=5119.90 GRADE BREAK LANDSCAPE WALL TOW=5130.70 PATIO REFER TO SHEET C5.00 FOR STREET PLAN & PROFILE GRADE BREAK PRIVACY FENCE (SEE LANDSCAPE PLANS) BIOSWALE WITH 4" PERFORATED UNDERDRAIN (SEE DETAILS) PROVIDE 4" CLEANOUT INV. 5116.75 END BIOSWALE AND PERFORATED UNDERDRAIN INV.=5115.38 (SEE DETAILS) EXTEND SOLID WALL HDPE PIPE TO POND @ 1% MINIMUM SLOPE MATCH EXISTING SIDEWALK (SEE NOTE 2) 28" CONCRETE PAN VERTICAL CURB 2-FOOT CURB CUT AND SIDEWALK CHASE LOT LINE (TYP.) 5' MIN. UTILITY CROSSING 4" UNDERDRAIN INV. 5115.25 36" WATER T.O.P.=5111.2± (ASSUMED 4.5' FROM EXISTING GROUND) RAMP T T DRIVE-OVER CURB & GUTTER LANDSCAPE WALL TOW=5121.90 BLOCK 1 HABITAT BUFFER (TYP.) PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or BUILDING 1 BUILDING 5 BUILDING 6 Lot 1 Lot 2 Lot 5 Lot 4 Lot 3 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 GRADE BREAK PATIO PATIO PATIO PATIO PATIO PATIO PATIO PATIO PATIO PATIO REFER TO SHEET C5.00 FOR STREET PLAN & PROFILE ROOF DRAINS SEE SHEET C3.02 PROVIDE (1) 6" RISER PROVIDE (2) RISERS (7" MAX.) LANDSCAPE WALL TOW=5133.30 PROVIDE (1) 6" RISER PROVIDE (2) RISERS (7" MAX.) LANDSCAPE WALL TOW=5136.20 MATCH EXISTING INTERSECTION (SEE NOTE 2) MATCH EXISTING SIDEWALK MATCH EXISTING SIDEWALK PRIVACY FENCE AND MONUMENT SIGN (SEE LANDSCAPE PLANS) MATCH EXISTING SIDEWALK (SEE NOTE 2) VERTICAL CURB & GUTTER 28" CONCRETE PAN DRIVE-OVER CURB & GUTTER 2-FOOT CONCRETE PAN PROVIDE (3) 5115 5120 5125 5130 5135 5140 5115 5120 5125 5130 5135 5140 EG=5129.0 FG= 10+00 EG=5126.7 FG=5128.88 10+50 EG=5126.4 FG=5128.00 11+00 EG=5126.3 FG=5126.99 11+50 EG=5124.3 FG=5126.09 12+00 EG=5120.0 FG=5125.19 12+50 EG=5119.1 FG=5126.39 13+00 EG=5121.2 FG=5128.03 13+50 EG=5126.4 FG=5129.68 14+00 EG=5128.8 FG=5131.32 14+50 EG=5130.5 FG=5132.96 15+00 EG=5132.3 FG=5134.61 15+50 EG=5135.4 FG= 16+00 1.50% -2.25% 0.50% 2.80% 3.29% -1.80% 1.50% -2.25% 0.50% A1 PROPOSED BIOSWALE WITH UNDERDRAIN HABITAT BUFFER (TYP.) ĂƐŝŶ ĞƐŝŐŶ WŽŝŶƚ ƌĞĂ й/ Ϯ ϭϬϬ YϮ YϭϬϬ ;ĂĐƌĞͿ ;ĐĨƐͿ ;ĐĨƐͿ ϭ ϭ Ϭ͘Ϯϴ Ϯϳй Ϭ͘ϰϱ Ϭ͘ϱϳ Ϭ͘ϯϱ ϭ͘ϱϱ Ϯ Ϯ Ϭ͘ϲϬ ϯϱй Ϭ͘ϱϭ Ϭ͘ϲϰ Ϭ͘ϴϳ ϯ͘ϴϮ ϯ ϯ Ϭ͘ϰϲ Ϯϵй Ϭ͘ϰϲ Ϭ͘ϱϴ Ϭ͘ϲϬ Ϯ͘ϲϮ ϰ ϰ Ϭ͘ϳϴ ϴϬй Ϭ͘ϴϲ ϭ͘ϬϬ ϭ͘ϵϬ ϳ͘ϳϯ ϱ ϱ Ϭ͘ϲϰ ϲϵй Ϭ͘ϳϳ Ϭ͘ϵϲ ϭ͘ϯϵ ϲ͘Ϭϳ ϲ ϲ Ϭ͘ϯϮ ϰϳй Ϭ͘ϲϬ Ϭ͘ϳϲ Ϭ͘ϱϲ Ϯ͘ϰϮ K^ϭ K^ϭ Ϭ͘Ϯϳ Ϯй Ϭ͘Ϯϱ Ϭ͘ϯϭ Ϭ͘ϭϲ Ϭ͘ϲϴ K^Ϯ K^Ϯ Ϭ͘ϭϬ Ϯй Ϭ͘Ϯϱ Ϭ͘ϯϭ Ϭ͘Ϭϲ Ϭ͘Ϯϳ KŶƐŝƚĞ dŽƚĂů ϯ͘ϰϰ ϰϳй Ϭ͘ϲϭ Ϭ͘ϳϲ ϱ͘ϲϳ Ϯϰ͘Ϯϭ ϭϵ ϭϵ Ϭ͘ϯϱ ϳϴй Ϭ͘ϴϮ ϭ͘ϬϬ Ϭ͘ϴϮ ϯ͘ϱϮ Ϯϯ Ϯϯ Ϭ͘Ϭϲ ϴϮй Ϭ͘ϴϰ ϭ͘ϬϬ Ϭ͘ϭϱ Ϭ͘ϲϯ PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C6.00_DRAINAGE PLAN.DWG 2/11/2014 8:42:13 AM KRB DRAINAGE PLAN C6.00 N/A 30' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 3 C7.00 NOT TO SCALE 5 5           5     52//29(5 9(57,&$/ /29(/$1' *XWWHUHGJHPD\EH WDSHUHGRUEDWWHUHG 7\SLFDOIRUDOO&XUE *XWWHU7\SHV $WWDFKWKHVLJQSDQHOVWLJKWO\WRWKHSRVWDQGXVHRYHUVL]HGZDVKHUVWRNHHSWKHVLJQIURPEUHDNLQJORRVH IURPWKHSRVWZKHQKLWE\DYHKLFOH 6LJQSDQHOVVKRXOGEHPRXQWHGDPLQLPXPRIIHHWDERYHWKHSDYHPHQWRUJURXQG &URVVVHFWLRQRISRVW $QFKRU 6LJQVODUJHUWKDQLQFKHVLQOHQJWKRUZLGWKUHTXLUHZLQGEUDFLQJDQGVSHFLDOSRVWGHVLJQ 127(6 $QFKRU6WXEDQGSRVWDUHVTXDUHVWHHOWXEH SHUIRUDWHG $77$&+('6,'(:$/.'(7$,/ 127(&RQVWUXFWVLGHZDONZLWKMRLQWVDW LQWHUYDOV 5 :($.(1('3/$1(-2,17 (;3$16,21-2,17 5 DQGDOLJQHGZLWKVFRULQJRQFXUE ,167$//,1/2&$7,21663(&,),(' ,1&+$37(5   6/$%7+,&.1(66  ([SDQVLRQ -RLQWPDWHULDO '(7$&+('6,'(:$/.'(7$,/ 9DULDEOH /DQGVFDSLQJ  PLQ 6ORSH0LQLPXP  IW 0D[LPXPIW PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.01 N/A N/A 1. THE ABOVE PAVEMENT SECTION WAS TAKEN FROM THE CTL THOMPSON INC. REPORT ENTITLED "PRELIMINARY GEOTECHNICAL INVESTIGATION, BELLA VIRA TOWNHOMES, ELIZABETH STREET AND OVERLAND TRAIL, FORT COLLINS, CO", DATED SEPTEMBER 19, 2013, CTL PROJECT NO. FC06266-115. REFER TO THIS REPORT FOR PERFORMANCE SPECIFICATIONS AND OTHER RECOMMENDATIONS. 2. CONTRACTOR SHALL NOTE THAT, PER THE REFERENCED GEOTECHNICAL REPORT, THE ABOVE REFERENCED PAVEMENT SECTION IS PRELIMINARY IN NATURE AND FOR BIDDING/PLANNING PURPOSES ONLY. CONTRACTOR SHALL CONTRACT A GEOTECHNICAL ENGINEER TO PROVIDE A FINAL PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.02 N/A N/A GENERAL NOTES: NOT TO SCALE COMPACTED GRANULAR MATERIAL CONFORMING TO CDDH #67 LOWER LIMIT OF TRENCH WALL SLOPING INITIAL LIFT * 12 IN. MIN. PIPE O.D. 4 IN. MIN. TRENCH WIDTH AS SPECIFIED IN SECTION 02221 COMPACTED GRANULAR MATERIAL CONFORMING TO CDDH #67 * DATE REVISED: APPROVED: DRAWN BY: BEDDING REQUIREMENTS WW-1 NBJ 4/11/11 ALTERNATE BASE POURED INVERT PRECAST MANHOLE BASE SLOPE 1 IN. MIN. 8 IN. MIN. 6 IN. 15 IN. OR LESS 48 IN. 18 IN. TO 30 IN. 60 IN. OVER 30 INCHES 72 IN. MIN. MANHOLE ':*6,=( $ 6&$/(  6+((7 2) ':*12  5(9 ' 9(521$$9( %8)25'*$ 3+1  PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C7.00_DETAILS.DWG 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.04 N/A N/A NOT TO SCALE 1 C-7.04 CDOT TYPE R INLET DETAILS 2 C7.04 NOT TO SCALE NOTES: 1. CONTRACTOR SHALL ALSO INSTALL BIO-SKIRTS FOR THE SNOUT. 21.4737 1.2632 7.5790 12.6315 Ø15.1579 9.4737 18.9474 16.4211 REMOVABLE WATERTIGHT ACCESS PORT, 10" OPENING 6.3158 1" PVC ANTI-SIPHON PIPE ADAPTER BMP, INC. 53 MT. ARCHER ROAD, LYME, CT. 06371 (800) 504-8008 FAX: (860)434-3195 DESCRIPTION DRAWING NUMBER DATE SCALE 24F SNOUT OIL & DEBRIS STOP 24F 09/20/99 NONE FRONT SIDE PLAN PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C7.00_DETAILS.DWG 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.05 N/A N/A SF SF APPROVED: DATE: DRAWN BY: 12/27/00 NBJ APPROVED: DATE: DRAWN BY: NBJ 11-29-2000 APPROVED: DATE: DRAWN BY: 01/03/01 NBJ IP ECB BIO 1 C7.05 NOT TO SCALE NOTES: 1. REFER TO THE CITY OF FORT COLLINS BIORETENTION SAND MEDIA SPECIFICATION FOR MORE INFORMATION ON THE SOIL MIX. 2. BIORETENTION SAND MEDIA SHALL BE PROVIDED BY HAGEMAN EARTH CYCLE OR APPROVED EQUAL. NOTES: 1. CONTRACTOR SHALL PLACE HDPE IMPERVIOUS MEMBRANE ON BOTH SIDES OF BIOSWALE. 2. IMPERVIOUS MEMBRANE NOT REQUIRED FOR EITHER SIDE OF LEVEL SPREADER. 5' MIN. WIDTH MINIMUM 30-MIL HDPE IMPERVIOUS MEMBRANE MINIMUM 12" THICK BIORETENTION SAND MEDIA LAYER CWA VEHICLE CONTROL TRACKING PAD NOT TO SCALE CONCRETE WASHOUT AREA NOT TO SCALE 1 C7.06 2 C7.06 PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C7.00_DETAILS.DWG 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.06 N/A N/A WATTLE INSTALLATION DETAIL NOT TO SCALE 3 C7.06 VTC ROCK SOCK NOT TO SCALE 4 C7.06 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 6 $%%5(9,$7,216'(7$,/5()(5(1&(.(< /$36 6 *(1(5$/6758&785$/127(6 6 +($':$//:,1*:$//3/$1 '(7$,/6 $% $1&+25%2/7 $&, $0(5,&$1&21&5(7(,167,787( $'',7 $'',7,21$/ $,6& $0(5,&$1,167,787(2)67((/ &216758&7,21,1& $/7 $/7(51$7( $/80 $/80,180 $5&+ $5&+,7(&785$/ $6&( $0(5,&$162&,(7<2)&,9,/ (1*,1((56 $6' $//2:$%/(675(66'(6,*1 # $7 $1' %/. %/2&. %/.* %/2&.,1* %0 %($0 %2 %277202) %2(  %277202)(;&$9$7,21 %2) %277202))227,1* %27 %27720 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acket Pg. 108' 0" BRG BRG 9' 0" BRG 108' 0" FRONT ELEVATION 1 Scale: 1/8" = 1'-0" RIGHT ELEVATION 4 Scale: 1/8" = 1'-0" REAR ELEVATION 3 Scale: 1/8" = 1'-0" LEFT ELEVATION 2 Scale: 1/8" = 1'-0" FF 1ST 100' 0" BRG 113' 8" FF 1ST 100' 0" BRG 113' 8" FF BSMT 90' 1 7/8" 4 12 4 12 4 12 APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT SIDING &/OR ROOF FORMS AT REAR ELEVATIONS MAY VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO, BUFF FAUX FLAGSTONE, RED-BROWN BRICK, & LAP SIDING IN VARIOUS COMBINATIONS. RED-BROWN SHINGLED ROOF HEIGHT 18' 4" 41'-0" SIDING &/OR ROOF FORMS AT ENTRY WILL VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO "TAN/BEIGE", "BUFF" FAUX FLAGSTONE, "RED-BROWN" BRICK: IN VARIOUS COMBINATIONS. 4 12 4 12 4 12 4 12 Packet Pg. 503 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and ATTACHMENT 4 Verbatim Transcript of the Planning and Zoning Board Hearing March 13, 2014 Packet Pg. 504 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 1 HEARING OF THE PLANNING AND ZONING BOARD CITY OF FORT COLLINS Held Thursday, March 13, 2014 City Council Chambers 200 West Laporte Street Fort Collins, Colorado In the Matter of: Bella Vira, Filing 2, Major Amendment and Replat, #140001 Meeting time: 6:00 p.m., March 13, 2014 BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Jennifer Carpenter, Chair Paul Eckman, Deputy City Attorney Jeffrey Schneider Pete Wray, Senior City Planner Kristin Kirkpatrick Laurie Kadrich, CDNS Director Emily Heinz Ward Stanford, Traffic Operations Gerald Hart Sheri Langenberger, Engineering Jeff Hanson Cindy Cosmas, Administrative Assistant Michael Hobbs Packet Pg. 505 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 2 1 CHAIR JENNIFER CARPENTER: We’ll now move on to Bella Vira, Filing 2, Major 2 Amendment and Replat #140001. And if I can ask for some help here, Paul…we have a major 3 amendment and then a modification of standards…order, help me? 4 DEPUTY CITY ATTORNEY PAUL ECKMAN: Modification first. 5 CHAIR CARPENTER: Okay, we’ll go with the modification first. 6 DEPUTY ATTORNEY ECKMAN: I would think the presentation would be about both. 7 CHAIR CARPENTER: About both, okay. Okay, Mr. Wray? 8 SENIOR CITY PLANNER PETE WRAY: Good evening, Chair, members of the Board, I’m Pete 9 Wray, Senior City Planner. And, tonight…this item consists of a major amendment and replat to a 10 previously approved project in…Project Development Plan in 2006 and Final Plan in 2008. The project 11 is…Filing 2 is located on the southwest corner of West Elizabeth and South Overland Trail. The original 12 approval included Filing 1, which consisted of sixty single-family detached lots, and Filing 2, which is 13 part of this request, is on the southwest corner. The existing zoning for Filing 2 is Low-Density, Mixed- 14 Use Neighborhood. And, the context of this site…we have The Ponds existing subdivision on the south 15 side, and CSU Foothills Research and Equestrian facility on the north side. 16 So, just some quick background on this. Again, the original Project Development Plan was 17 approved in 2006, the Final Plan was approved in 2008, and Filing 1 is under separate ownership and a 18 separate development agreement. The term of vested rights has been extended three times, with the last 19 request this last year extended to May 16th of this year. And the proposed replat and housing type change 20 requires a major amendment. This is under a Type II review, consistent with the approved 2006 Project 21 Development Plan. So, the project tonight consists of a major amendment to change the use from multi- 22 family to single-family attached, and a replat of Filing 2 to change a single parcel into twenty-five 23 individual lots. And, there is also a request for a modification to standards in Section 3.5.2(E)1 and 2. 24 The request for modification includes a reduction in building setbacks from an arterial street, in 25 this case South Overland Trail. The requirement is for a thirty foot setback and the proposed request for 26 modification is a reduction of eighteen inches on Building One along South Overland Trail…and 27 Building Five, there is a required building setback of fifteen feet from other streets, in this case West 28 Elizabeth Street, within the subdivision, and there is a reduction of sixteen inches for Building Five. 29 The staff findings are that this request represents a major amendment and replat for an approved 30 final plan, processed as a Type II. It continues to comply with the applicable development standards in 31 Division 4.5 of the Low-Density Mixed-Use Neighborhood standards, and it continues to comply with the 32 general development standards in Article 3, except for Section 3.5.2(E)1 and 2, for which there is that 33 request for modification. The proposed project…staff determined that the request for modification is not 34 detrimental to the public good, and not diverge [sic] from the standard in the Land Use Code except in a 35 nominal and inconsequential way. 36 There was a neighborhood meeting as part of the original approval of the Project Development 37 Plan in 2006, and the required neighborhood meeting for this request was waived by the Director, and that 38 decision was determined based on staff determination that the development proposal would not have a Packet Pg. 506 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 3 1 significant…any significant neighborhood impacts. Prior to this hearing, staff received public testimony, 2 one written and two verbal testimonies that have been forwarded to the Board for the record. And that 3 concludes the staff presentation, thank you. 4 CHAIR CARPENTER: Are there any questions for the staff at this time, before we go to 5 applicant presentation? Do we have an applicant presentation? 6 MR. WRAY: We do. 7 CHAIR CARPENTER: Okay, Jeff. 8 BOARDMEMBER JEFFREY SCHNEIDER: So this was approved as a single lot in 2006 with 9 the same number of structures, same number of the dwelling units and all that? 10 MR. WRAY: That’s correct, the Filing 2 that was originally approved had a single lot for the 11 multi-family, and with the change of use to single-family attached, the replay consists of creating 12 individual lot lines for the twenty-five units and individual utility… 13 MEMBER SCHNEIDER: Okay, thank you. So, what…what is different about this plan and what 14 was approved in 2006 that makes it so this one requires a modification to the setback standards. 15 MR. WRAY: The building locations have not changed…it was…staff identified that two of the 16 buildings had a reduction in building setbacks and wanted to document those changes that were 17 recognized in the original approved plan. 18 MEMBER SCHNEIDER: Thank you. 19 CHAIR CARPENTER: Gerry? 20 BOARDMEMBER GERALD HART: Are there any changes in the off-street…in the parking 21 requirements between this proposal and the previously approved one? 22 MR. WRAY: There is no changes to off-site parking. This proposal, as originally approved, 23 provides two parking spaces per each of the twenty-five units in a garage. There’s driveways and there’s 24 also some pull-out on private drive parking spaces…there’s twelve spaces on that private drive. And, 25 also, on West Elizabeth Street, set back from the intersection of Overland and Elizabeth on the local 26 street, residents can park along that local street as well. 27 MEMBER HART: Okay, thank you. 28 CHAIR CARPENTER: Anyone else? Do we have an applicant…oh, sorry, Michael? 29 BOARDMEMBER MICHAEL HOBBS: Was there a traffic study done in the original proposal 30 and filing? 31 MR. WRAY: There was, and we have Ward Stanford here tonight if you have any questions 32 specific to the original study. 33 MEMBER HOBBS: I was just curious if it had gone through that process. Packet Pg. 507 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 4 1 CHAIR CARPENTER: Anything else? Do we have an applicant presentation? I’m sorry… 2 MR. WRAY: I think they are prepared if… 3 CHAIR CARPENTER: Okay, great. 4 MR. JOHN MINATTA: Good evening, I’m John Minatta, I’m the applicant and the owner along 5 with my two brothers, Sam and Al Minatta, and we’re also going to…build the buildings, do the 6 construction. So, I love talking about my project and I’m ready to answer any questions you have. I can 7 talk a little bit about some of the things you’ve already…were submitted as far as why we’re here and 8 what the…and the history of the site. But, just maybe to be…to clear up…or explain why we’re here…in 9 the original statement of objectives, maybe I could just real briefly cover that. We’re changing this from 10 a multi-family plan to single-family attached; we’re basically creating twenty-five individual lots. The 11 current multi-family building, street, and open space design will remain unchanged. Changes to the 12 utility plans consist of replacing six water and sewer services for these six buildings, to twenty-five. The 13 original multi-family plan will require minor updates, but there is no real change to the landscape 14 plan…it’s the same building, same square footage, everything is the same. Twenty-five water and sewer 15 services…we’re just maintaining the overall design of the original development plan. 16 So, part of the reason we’re here…this has come up…is the desired change is precipitated by the 17 recent economic crisis and subsequent negative effect on mortgage financing of condominium purchases. 18 So instability in this particular market, mortgage market, is generated…climate of risk aversion on the 19 part of lenders to finance new condominium construction. So, we’re forced to modify this design to get 20 construction financing…it’s hard to get people to get loans to buy condominiums, and banks don’t want 21 to loan people money to build. So, it’s actually going to be a little nicer for the owners to have their small 22 lots, but they’ll have lots. So, that’s why we’re here today, that’s why we had to go through the process. 23 We really didn’t change much of anything, and I can…I do have…I did get a copy of some of the 24 questions raised by…that came prior to the meeting. I can…I have responses to those, and I can also give 25 you some of the history, the family history of this project for the last ninety-five years that it’s been in our 26 family. And, if you would like to hear any of that, I can answer that now or we can wait until the citizen 27 input, whichever you’d like me to do. 28 CHAIR CARPENTER: Let’s wait for citizen input. Right now, just are there any questions 29 from… 30 MEMBER HART: Yes, I have a question. With the condominium ownership type of 31 development, there’s probably going to be some type of homeowner’s association to maintain any 32 common areas. What about now? 33 MR. MINATTA: Same, same thing. 34 MEMBER HART: It would be the same thing? 35 MR. MINATTA: Yes. 36 MEMBER HART: Okay, thank you. 37 CHAIR CARPENTER: Any other questions for the applicant at this time? Okay. Packet Pg. 508 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 5 1 MR. MINATTA: Thank you. 2 CHAIR CARPENTER: Thank you. Before we go to public input, Cindy, other than what Mr. 3 Wray spoke to, do we have any other comments that have come…or input from the public since the 4 worksession? 5 MS. CINDY COSMAS: Do you want me to review what he was referring to? That’s what I 6 have…the two comments. He received two phone calls today, one from Eric Sutherland with 7 neighborhood concerns, and also one from Jen Mommer, and hers was basically strictly just interest in the 8 project. 9 CHAIR CARPENTER: Thank you. Now is the time for public input, is there anyone in the 10 audience who would like to address this? Okay, come on up…sign in, tell us your name and address 11 and…four minutes, four minutes Cindy. 12 MR. ERIC SUTHERLAND: Eric Sutherland, 3520 Golden Currant; that is an address in The 13 Ponds neighborhood which is adjacent to this development. And, just…by the way of background, you 14 know, I was paging through your agenda this morning as I often do, and…first time I’d really noticed any 15 public information about this project and, of course, since I live next door I was very curious to see what 16 was being constructed over there, and taking a look at that. And in the midst of doing that I was 17 contacted by a friend of mine who lives on the other side of Overland Trail, on the east side, who was 18 wondering if I was coming down here tonight because she has some significant concerns that her 19 neighborhood experiences from parking, because there’s a very similar high-density, you know, multi- 20 unit development on the southeast corner of Elizabeth and Overland Trail. And she thought that perhaps 21 doing the same thing on the other side of Overland Trail might make the problem worse, or whatever. So, 22 there were some parking issues from another citizen. 23 In looking at it, I do see questions that I might have raised at a neighborhood meeting or another 24 hearing about the sidewalks in the area, particularly along Overland Trail…pedestrian access. And also, 25 my greatest concern is about the intersection of Elizabeth Street and Overland Trail. That’s already not 26 the greatest intersection in Fort Collins, by far, and now we’re creating a…you know, a full cross there. 27 And, it looks as though the right-of-way is tapering right as it enters into Overland Trail. I don’t have a 28 really good idea of how the whole thing is engineered, or whether or not it’s going to work, but I’m very 29 concerned about that. You know, Gerry, as you know, the…intersections like Golden Currant Boulevard 30 and Prospect Avenue are…they’re very well engineered, and they’re functional, and even though the fact 31 that Overland Trail is an arterial, it carries an immense amount of traffic…but we have, you know, 32 median separators on Golden Currant, there’s left hand turn lanes, et cetera. I don’t see how any of that 33 would be available on Elizabeth Street. So, we’re automatically taking a huge step down in our standards. 34 But, all that kind of is subservient because it’s not necessarily the nature of the review this 35 evening, of course, we’re talking about a major amendment to a PDP that purportedly was already 36 approved, and it is that I wish to speak of. There has not been a yellow or green sign out in front of this 37 property since 2006. That’s problematic; George Bush was the president in 2006. A lot of things have 38 changed since then. And to think that the project might have actually expired, that at one point in time 39 this project had no vested rights, came back to the Planning and Zoning Board without the benefit of a 40 neighborhood meeting, de novo, as it should have, is concerning. Now I can’t speak to that with ultimate Packet Pg. 509 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 6 1 authority because I’ve not inspected the entirety of the public record to date to say conclusively that that 2 is what happened, but it does appear that we’ve got a major mix-up in process here, which has done 3 nothing more than deprive the people who live in the area that opportunity to participate in this process to 4 make sure things like sidewalks are considered as they might be…as they should be in this thing. To 5 make sure that traffic safety is considered adequately, to make sure that this whole thing that we do time 6 and time again, granted its always the same issues…parking, traffic, pedestrian access…even though it’s 7 the same thing over and over, it’s important that we do it over and over and again with each new project, 8 because that preserves the quality that we’re expecting to see built in Fort Collins. 9 And so I think we’ve got a huge problem here guys, I think that this project is being brought to 10 you for a major amendment despite the fact that it was not duly approved correctly the first time, and even 11 in that regard…say I’m wrong about the duly approved the first time, no yellow sign out there today, 12 nothing…no notice that there was going to be any action taken on this action at this point in time. That’s 13 not the way we do things, that’s not the way our Land Use Code prescribes that we do things. I’m 14 expecting a lot more and I’m not sure exactly how we’re going…I don’t even know how to appeal this at 15 this point in time. Thank you very much. 16 CHAIR CARPENTER: Thank you. Anyone else who would like to speak to this from the 17 public? 18 MR. DALE EDWARDS: Thank you. I’m here to… 19 CHAIR CARPENTER: Sir, could you give us your name please? 20 MR. EDWARDS: My name is Dale Edwards; I’m at 3208 Snowbrush Place… 21 CHAIR CARPENTER: Thank you. 22 MR. EDWARDS: …which is in The Ponds…which my back window looks at the development 23 that’s been taking place. I agree with the gentleman that just spoke that we’ve had very little information 24 in regards to what this project has…what this project is or how it has come about. I’ve read all of the 25 documentation and I was well aware that it was proposed in 2006 and then 2008, and then came back to 26 life in 2014. The only reason I realized that it was coming back to life is that we had major construction 27 keeping me awake during the day as the construction took place. My concern, more in regards to not the 28 development of the property, but, well I guess it is the development of the property. I’m concerned that I 29 was not notified about the first filing, which is to the north and to the west of our property, but I did get 30 notification that we were going to be impacted with this particular development. My major concern right 31 now is in regards to traffic. I agree with the gentleman in regards to the traffic flow at Elizabeth because I 32 take Overland Trail every day, and then when I come back on Elizabeth, I see where the new property is 33 taking a little bend in the…Elizabeth. 34 But I also have a concern about water and runoff with this property, because I watched them strip 35 the ground bare. I understand, having a little background in soils, what was going on there in regards to 36 the stripping of the property and getting down to a…the…getting rid of some of the bentonite that is in 37 that area, for building purposes. But I do have some concerns because my property has a walk-out 38 window and The Ponds area…the holding pond that was put in is very low, and I’m just wondering what 39 the plans are for distribution of water if we would get a flood like in 1997. Thank you. Packet Pg. 510 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 7 1 CHAIR CARPENTER: Thank you sir. Is there anyone else who would like to speak? Give us 2 your name and address, sir, and we’ll be happy to hear you. 3 MR. KEITH GALLACHER: Hi, my name is Keith Gallacher…hi Gerry. I live at 3202 4 Snowbrush Place, my house backs up onto Overland Trail and I have similar concerns…I’m just going to 5 obviously not repeat what the gentlemen in front of me have emphasized. My main concern is the traffic 6 that’s going to generate along Banyan from this…from the adjacent property…that we did not know 7 anything about. I had no information until I actually received this in the mail. I didn’t even know about 8 the new…apart from seeing all the vehicles and ground…earth-moving equipment that was out there that 9 anything was ever going to happen in that actual piece of property. So, you know, obviously there were 10 cul-de-sacs along the north end of Banyan that we assumed at some point would be a through street, but 11 I’m really concerned about the traffic that it’s going to generate from that north side. And, because of, as 12 this gentleman emphasized, the fact that there’s such a bad junction at Elizabeth and Overland as it 13 is…are these people going to not come out of their own neighborhood through there, are they all going to 14 come down Banyan and turn out on Golden Currant and Prospect? Because that’s where the stoplight is, 15 at Prospect and Overland. You know, that was my main concern, is the traffic. Between my cul-de-sac, 16 which is Snowbrush Place as I said, and that opposite cul-de-sac which is Snowbrush Court, we have 17 twenty-two children between those two cul-de-sacs, and they very often cross over. I’ve been very 18 involved with the City, as Gerry knows, getting, you know, the signs for the kids along the houses there to 19 slow the traffic…as it is, there is a stop sign on Coneflower and Banyan. I asked the City, once I knew 20 this development was going to materialize, if they would put a four-way stop there to…just for that 21 purpose of slowing the traffic down. At this point, they couldn’t give me a yes or no. I don’t know 22 whether you want to take that into consideration too, but thanks for your time and I appreciate it. 23 CHAIR CARPENTER: Thank you sir. Anyone else who would like to speak? Seeing none, 24 we’ll close down public input. Would the applicant like to make some response to the public input? 25 MR. MINATTA: Sure. Okay, so…the issue of the neighborhood meetings and notification…the 26 scope and nature of these requested changes that you guys are reviewing today really do not affect 27 anything that deviated or modified existing prior approved plan. As I said, we’re replacing these six 28 water sewers…twenty-five water and sewer services. So everything is the same…the prior approval in 29 2007 had absolutely no issues of concern raised the neighborhood meetings nor during the entire review 30 process. We did have a neighborhood meeting; we had about six folks from The Ponds, they were all 31 very supportive. I still have the list, I know Pete still probably has notes; if he doesn’t, I have notes from 32 that meeting. So, we were well received and a lot of the interest has been from people in The Ponds 33 regarding…actually interested in housing in the new project. We’ve worked closely too with the HOA; 34 we had to negotiate some things with them. Nancy Eckhart was the president at the time; I know they 35 notified The Ponds association through their minutes and their meeting notices. We’ve also talked to The 36 Ponds recently…and, part of this thing…they didn’t know it existed, or whatever, but it’s been a really 37 difficult time, a desperate time for people who’ve invested in these kinds of projects, and very hard. 38 Thank goodness things are starting to do better, and that’s why this thing has come to life. The building 39 that’s taking place right now is the single-family portion that Richmond Homes is building; we don’t have 40 anything to do with that, although we did design and plan it. Packet Pg. 511 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 8 1 With respect to the lack of parking, each unit has, as Pete pointed out, has two parking spaces in 2 the garage, two in the driveway. We have thirteen spaces that are bump-outs; they can park on West 3 Elizabeth…nobody’s going to go across the street to Overland to park, or down to the single-family. I do 4 take exception with it being compared…being similar to what’s across the street. Across the street is, I 5 think, anywhere from twelve units an acre or greater. The other part of this project was there was some 6 zoning, down-zoning, so the back area is developed at almost less than three units an acre, and this 7 portion you are looking at today is about eight units an acre. So, it’s very low density, it’s a very different 8 market, it’s not going to be investor properties we assume, with lots of folks parking. 9 Concerning the alignment at West Elizabeth and Overland Trail…the alignment between West 10 Elizabeth, you know as it goes across to the west…to this new extension across Overland Trail, it works 11 fine, which…whenever streets are extended from developed to undeveloped areas, there are oftentimes 12 circumstances that do require alignment adjustments; and this one is a minimal condition that was 13 reviewed and approved by the City engineers and the private design engineers. The…improvements are 14 not part of the scope of this townhome replat anyway, so…I don’t know, I mean it’s, I know it’s a 15 concern, but it’s not part of what you’re looking at. Many of the issues…and regarding the turn lane, 16 many of these issues are mitigated on the basis of scope, the size of this project. So, the results of the 17 traffic study did not show a need for additional turn lanes because the traffic count for this project is so 18 low. This replat does not increase the number of units or buildings, so it didn’t affect the number of 19 buildings or units, it didn’t affect the existing traffic study. The list of improvements belong to Phase 20 One and are not attached to Bella Vira townhomes site. 21 So, the other thing that was mentioned, I think…or at least that was mentioned in the notes, was a 22 connection of the sidewalk. The sidewalk is connected as it goes to the south across Fort Collins- 23 Loveland District’s frontage, so the sidewalk will be connected all the way…across from The Ponds all 24 the way through the end of this site. 25 And I think, oh, you know, I mean, we went through the process; it was a long, involved process. 26 The term purportedly was used as far as that process, but it was a difficult process; again, it was 27 challenging zoning, but we really appreciated the neighborhood’s…the neighbors at The Ponds…we’re 28 really excited about this project and can answer any questions you may have regarding any of the things 29 I’ve discussed or anybody else has brought up. 30 CHAIR CARPENTER: Any questions for the applicant at this time from the Board? 31 MR. MINATTA: Thanks. 32 CHAIR CARPENTER: No? Staff responses to public input, please. 33 MR. WRAY: There were some questions on, you know, the neighborhood meetings prior to this 34 request. I already mentioned the original neighborhood meeting that was part of the original approval in 35 2006, and the reasons why the neighborhood meeting for this request was waived. One of the questions 36 was raised, why wasn’t there a neighborhood meeting with the request to extend vested rights last year? 37 And that really wasn’t a development proposal, that was an action to extend, again, vested rights of a final 38 development plan, and a neighborhood meeting is not required for that. I understand the frustration that 39 so much time has gone by since the original approvals in 2006 and 2008, and all of a sudden there’s a lot Packet Pg. 512 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 9 1 of construction activity out there, and that speaks to just the ability of a project coming forward and 2 pulling permits for the first filing and the beginnings of the second filing. But there was notice for this 3 request sent out, there were signs posted…so that, I think, addresses those questions. A lot of the other 4 questions related to the previously approved final plan, and we have other staff here to answer some of 5 those traffic related questions if you would like. 6 CHAIR CARPENTER: Please. 7 MR. WARD STANFORD: Good evening, Board. Ward Stanford with City of Fort Collins 8 Traffic. Looking at some of the traffic items that were brought up, the aspect of a four-way stop at that 9 location…I’m not aware of the request for it, but looking at what a four-way stop is for, the location 10 probably would not be deemed a four-way stop location…possible two-way. But, to even use stop signs 11 of any kind for traffic calming is not what a stop sign is for; its job is to control and regulate, it’s not to be 12 used as a speed reduction tool or a traffic calming tool per se. So, the use, in that manner…it’s typically 13 not utilized for that, it’s typically not effective for that. I would assume at as the development comes in 14 out there, and the conditions start to change and the area evolves into the built out condition, that we 15 would be involved in monitoring what’s going on out there and address those items. Certainly, you 16 know, we have the neighborhood traffic safety program, which is designed to help neighborhoods that 17 have problems; that have either speeding problems or other disobedient traffic characteristics. And that 18 could be requested to be involved in there by the local presidents. That’s typically how we would address 19 it; we don’t do things before the problem…we want to see what the problem is to address something 20 besides a speculative problem. 21 Traffic to Prospect…I would venture to guess that there will be traffic going over to Prospect. 22 The signal light is put in for the west…for that region, for that area. It’s not put in for a given 23 neighborhood. The City has connectivity standards that want neighborhoods adjacent to each other to 24 connect with each other, and that signal light is there to serve that area and not, you know, a specific one 25 item area or one location. So, I would venture to guess that at times of day, that traffic will utilize that 26 signalized intersection at Prospect. 27 The difficulties of it at Elizabeth and Overland…difficulty, yes, typical of any minor side street 28 adjacent to an arterial. Amazingly, the arterial out there…a typical arterial is about fifteen thousand and 29 higher volumes, this one is running about ten thousand at the moment, so it’s kind of under scaled for a 30 four-lane arterial. And, actually, looking back at volumes that we had done back in 2009, and now 31 volumes that we did recently in 2013, there’s been a reduction of traffic on Overland and also on 32 Elizabeth in that area. Not a great reduction, five, six hundred vehicles an hour, but still, we’ve 33 experienced that throughout this whole economic downturn, that many of our streets have reduced in 34 traffic a little bit just due to the economic influence that happened during that period. And since things 35 really haven’t come back strong…they are looking better than they certainly were…we don’t have new 36 growth yet out there, or other reasons for traffic to be shifting to Overland per se. So, right now they are 37 just slightly lower than they were a few years ago. I don’t have numbers from back in ’06 when it was 38 developed…when it was approved, but looking at it from that standpoint…we had a steady general 39 growth back then so I would venture to guess even ’06 was less than ’09. Now, where that stands with 40 2013, I don’t know. It could be equivalent, it could have been still just a little bit lower. Packet Pg. 513 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 10 1 BOARDMEMBER KRISTIN KIRKPATRICK: Ward, the only thing I have left on my list is the 2 ped access and sidewalks…the pedestrian access and sidewalks. 3 MS. SHERI LANGENBERGER: Hi, Sheri Langenberger with the Engineering Department. In 4 accordance with the approved plans that are being under construction by the single-family portion, they 5 will be installing sidewalk from the single potion…filing portion back there along the south side of 6 Elizabeth out to Overland Trail and from that corner of Overland Trail and Elizabeth south to the existing 7 sidewalk down by The Ponds. So, they will be providing that connection. Part of that is also extending 8 the box culvert over the Pleasant Valley and Lake Canal so that there is room for a sidewalk along that 9 side as well. So, that connection will occur as part of the single-family and is required…in essence for 10 the multi-family, or the single-family attached project in order for them to get their building 11 permits…pretty much all that stuff with the single-family has to be in place because they’re installing the 12 water main to get into the site going down Elizabeth…the sewer and everything that this project is going 13 to tie off of. So, those things will need to be in place before this project will have people living there. 14 CHAIR CARPENTER: Gerry? 15 MEMBER HART: One question on the water runoff that was raised by Mr. Edwards…can we 16 address that please? 17 MS. LANGENBERGER: …the area just kind of to the west and the south of the site there, that is 18 a City-owned property that are regional detention ponds, and that is where their drain-off…drainage for 19 the development goes into. So, it was designed when the City…when those ponds were developed as 20 regional detention ponds, it was done to…sized and incorporated to handle the drainage from this 21 development as well. 22 MEMBER HART: Okay, thank you. 23 CHAIR CARPENTER: The only thing I had left was the no sign on the property, could you speak 24 to that Pete? 25 MR. WRAY: The…as I understand, the sign at the recent location was actually posted on the 26 corner of Overland and West Elizabeth on the southeast corner where there is a sidewalk. On the west 27 side of Overland Trail there’s really no sidewalk along that portion, or development at this point. And 28 when we received one of the calls today, they referenced the sign on that corner. 29 CHAIR CARPENTER: Okay, thank you. Jeff? 30 MEMBER SCHNEIDER: Ward, can you just clear up one item. Has there been significant 31 development in the area since 2006 that would warrant a new traffic impact study, or has there been no 32 development changes for a cause of influx of residents or housing or what have you that could impact the 33 study from 2006 to current status? 34 MR. STANFORD: Thinking about the area, I…the immediate area I would say along Overland 35 and that west area…closest area I can think that’s had any development in recent years is probably 36 adjacent to…actually adjacent to Shields, more of the residential housing that’s been coming in. Trying 37 to think in that west side location and community, trying to think back in ’06 when some of that Packet Pg. 514 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 11 1 development that came in around Elizabeth…I think Saddlebrook, Saddleback, some of those that were 2 along Elizabeth back easterly. I don’t know if those were coming in around 2002 to 2006 or around 2006, 3 so I’m having a hard time envisioning when they came in, but if they had, they would have probably 4 come in roughly at this time or a touch earlier, so they might have been a part of the environment at that 5 time. But, since then, thinking about growth in the area, I cannot come up with new development of any 6 significance that has changed anything, especially when you look at the traffic volumes that are out there, 7 it’s already indicative that it’s less at this time. 8 MR. WRAY: I just wanted to add to that, that that was kind of the larger context that you were 9 asking about, but the approved project development plan in 2006 and the traffic study was based on 10 twenty-five units for this Filing 2, and this request is not increasing the number of units in any manner, 11 it’s still twenty-five units, just a different use type and lot configuration. 12 MEMBER SCHNEIDER: No, and I just wanted to make sure that there was no significant 13 developments or changes prior…or since 2006 that would warrant a concern, regardless of the number of 14 units…the impact study from 2006 to current. 15 CHAIR CARPENTER: Emily? 16 BOARDMEMBER EMILY HEINZ: Yeah, Pete, if I heard Mr. Sutherland right, it sounded like 17 he said there wasn’t a neighborhood meeting in 2006. Do you know? Can you speak to that, if there was 18 one back then? 19 MR. WRAY: There was a neighborhood meeting in 2006. This was a Type II review because of 20 the changes in the western portion of the Filing 1, with the Residential Foothills change…so there was a 21 neighborhood meeting in 2006. There wasn’t one for this request, it was waived because of the reasons 22 that I stated, by the decision of the Director. 23 CHAIR CARPENTER: Michael? 24 MEMBER HOBBS: Ward, I’m sorry not Ward…Pete, when was the first filing, which is now a 25 Richmond development, is that correct, Richmond Homes? Do I have that right? When was that 26 approved? 27 MS. LANGENBERGER: The utility plans were signed…the final date on the utility plan was 28 1/30/08, and the development agreement was dated, I think, in January of ’08 as well. So it was 29 considered approved in January of ’08. 30 MEMBER HOBBS: And how many single-family units is that? 31 MR. WRAY: Sixty. 32 MEMBER HOBBS: Thank you. 33 CHAIR CARPENTER: Any other questions from the Board? Okay, I’ll bring it back up for 34 deliberation. Gerry? Packet Pg. 515 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 12 1 MEMBER HART: You know, I think that the issue that is at hand, probably the biggest issue, is 2 the lack of meetings, and lack of communication that the people in the neighborhood perceive. I think 3 people in the neighborhood need to understand, I live there, and I was on the HOA when this originally 4 was approved, so I’m probably a little bit more knowledgeable of this particular project than people. But, 5 it’s been talked about in our neighborhood for the past seven years; I think people are aware of the 6 neighborhood, but I don’t think what people are aware of is what this Board can do and cannot do. And, 7 in 2008 when this was granted final approval, they had a vested right…have the right to do what was 8 approved in their development. And, all they’re doing at this point is changing the ownership pattern; it’s 9 not going to affect traffic, it’s not going to affect drainage, it’s not going to affect anything that hasn’t 10 already been approved. And to discuss these matters is probably beyond the scope of the issue at hand 11 here. And I think that the developer and the City has tried pretty hard to respond to the concerns people 12 have had, so at least you can understand where they’re coming from. But, all we’re doing tonight is 13 looking at this project and determining, should the ownership pattern be changed, not having anything 14 substantive to do with land use. I think we need to take another look at how we do our reviews and our 15 hearings and our public notifications, I agree with that. But, there are…the substantive issues I think have 16 been adequately addressed here, and I just think the people need to know that. The time to have 17 participated in this project was 2006 and 2008. That’s all. 18 CHAIR CARPENTER: Anyone else? 19 MEMBER KIRKPATRICK: I can certainly appreciate the applicant’s desire to make these 20 single-family attached…NPR had a very lengthy discussion about the difficulty in condo projects just this 21 morning…and the liability and the difficulty of getting insurance, and so I think that it in no way, shape 22 or form alters, as Gerry said, the impacts that have already been mitigated, have been found to be in 23 compliance with our Land Use Code and were approved. That being said, I would also agree that I think I 24 can see why the decision was made to not have a neighborhood meeting eight years later, because the 25 changes are very insignificant. But, I think that the neighborhood doesn’t know that, and so I think that 26 what we did tonight could have all been addressed probably in a neighborhood meeting, and this probably 27 would have stayed on Consent. Which is not, you know, selfishly for us to have left an hour earlier, but 28 just because I think that we do have an obligation to be doing our due diligence in communication to 29 neighborhoods, and so I think that we could probably do better, as always, we can always do better. 30 CHAIR CARPENTER: Anyone else? 31 MEMBER HART: Just in case anyone was wondering, I do not perceive I have a conflict on this 32 issue because I was not in the notification area and I approved, last year, the extension. So, I don’t 33 perceive I have any kind of conflict. 34 CHAIR CARPENTER: Does anybody…is anybody ready for a motion? 35 DEPUTY CITY ATTORNEY ECKMAN: Again, you need two motions, one for the modification 36 and one for the major amendment. 37 CHAIR CARPENTER: Thank you Paul. 38 MEMBER HOBBS: Madam Chair, I move that we approve the Major Amendment… Packet Pg. 516 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 13 1 CHAIR CARPENTER: Let’s start with the modification. 2 MEMBER HOBBS: Oh, I’m sorry for that, the Modification for the Bella Vira, Filing 2, Item 3 Number 140001, as detailed in our item number four in our staff notes. 4 CHAIR CARPENTER: And findings of fact and conclusions… 5 MEMBER HOBBS: And the findings of fact in the staff report on pages… 6 DEPUTY CITY ATTORNEY ECKMAN: I think they’re on page eleven, paragraph seven, and 7 then under paragraph seven, it’s paragraph five pertaining to the modifications. 8 MEMBER HOBBS: Thank you. 9 CHAIR CARPENTER: Is there a second? 10 MEMBER SCHNEIDER: Second. 11 CHAIR CARPENTER: Any comments? Roll call please: 12 MS. COSMAS: Hart? 13 MEMBER HART: Yes. 14 MS. COSMAS: Schneider? 15 MEMBER SCHNEIDER: Yes. 16 MS. COSMAS: Hanson? 17 MEMBER HANSON: Yes. 18 MS. COSMAS: Heinz? 19 MEMBER HEINZ: Yes. 20 MS. COSMAS: Hobbs? 21 MEMBER HOBBS: Yes. 22 MS. COSMAS: Kirkpatrick? 23 MEMBER KIRKPATRICK: Yes. 24 MS. COSMAS: Carpenter? 25 CHAIR CARPENTER: Yes. Next we would need a motion for the Major Amendment and 26 Replat…sorry. 27 MEMBER KIRKPATRICK: I find that the Major Amendment and Replat as submitted will not 28 diverge from the standards of the Land Use Code that are authorized by this division to be modified, Packet Pg. 517 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 14 1 except in a nominal and inconsequential way, when considered from the perspective of the entire 2 development plan, and will continue to advance the purpose of the Land Use Code as contained in Section 3 1.2.2. That would be helpful…I move to approve the modifications of standard to Section 3.5.2…okay, 4 somebody else do it. 5 CHAIR CARPENTER: I think we already did the modification of standards, so we are in the 6 major amendment now. 7 MEMBER KIRKPATRICK: I recommend approval of Bella Vira, Filing 2, Major Amendment 8 and Replat Number 140001, and request for modification for Land Use Code Section 3.5.2(E)1 and 2 for 9 building setbacks based upon the findings of fact and conclusion on pages eleven and twelve in our staff 10 report. What else did I miss? 11 CHAIR CARPENTER: I think we need to take out the request for modifications because we 12 already… 13 MEMBER KIRKPATRICK: We did them separately. 14 DEPUTY CITY ATTORNEY ECKMAN: The motion is…we’re just now voting on the major 15 amendment and the replat, number 140001, isn’t that correct? 16 CHAIR CARPENTER: You can do it, you can do it… 17 DEPUTY CITY ATTORNEY ECKMAN: I would think the motion would be just a matter of 18 approving the major amendment and the replat. 19 CHAIR CARPENTER: You can do it, come on. 20 MEMBER KIRKPATRICK: Okay, take three. I recommend approval of Bella Vira, Filing 2, 21 Major Amendment and Replat number 140001, based on the findings of fact and conclusion in our staff 22 report. 23 CHAIR CARPENTER: We’re good, can I have a second please? 24 MEMBER HEINZ: I second, that’s the easy part. 25 CHAIR CARPENTER: Any comments? Roll call please. 26 MS. COSMAS: Schneider? 27 MEMBER SCHNEIDER: Yes. 28 MS. COSMAS: Hanson? 29 MEMBER HANSON: Yes. 30 MS. COSMAS: Heinz? 31 MEMBER HEINZ: Yes. Packet Pg. 518 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 15 1 MS. COSMAS: Hobbs? 2 MEMBER HOBBS: Yes. 3 MS. COSMAS: Kirkpatrick? 4 MEMBER KIRKPATRICK: Yes. 5 MS. COSMAS: Hart? 6 MEMBER HART: Yes. 7 MS. COSMAS: And Carpenter? 8 CHAIR CARPENTER: Yes. Packet Pg. 519 Attachment18.4: Verbatim Transcript of Planning and Zoning Board Hearing (Bella Vira Phase 2 Major Amendment and Replat - Appeal) ATTACHMENT 5 Staff Powerpoint presentation to Council May 6, 2014 Packet Pg. 520 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 1 City Council Hearing - May 6, 2014 Consideration of the Appeal of the Planning and Zoning Board Hearing Decision to Approve the Bella Vira, Phase 2, Major Amendment and Replat. Packet Pg. 521 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 2 Context Map Bella Vira, Pase 2, Major Amendment and Replat Packet Pg. 522 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 3 Bella Vira, Phase 2, Major Amendment and Replat Project Description: • Major Amendment and Replat of approved 2008 Final Plan • Replat of NE portion of Bella Vira Phase 2 to create 25 lots • Major Amendment to change use from Multi- family to Single-family attached • Request for Modifications of Standard to Sections 3.5.2 (E) (1) (2) Packet Pg. 523 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 4 Primary Assertions of Appeal: 1. The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Land Use Code. 2. The Planning and Zoning Board failed to conduct a fair hearing. Packet Pg. 524 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 5 Summary of Appeal Assertions/Response: “Bella Vira has no legally recognizable vested rights…” From Staff Report: • “On May 13, 2008 the Final Plan was approved” • “On March 3, 2011, the term of vested right was extended…for one additional year…” • “On March 23, 2012, the term of vested right was extended for the second time…” • “On May 16, 2013, the term of vested right was extended for the third time… to May 16, 2014” Packet Pg. 525 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 6 “No sign had been posted on the property…” From Verbatim Transcript: • “…there was notice for this request sent out, there were signs posted…” • “…the sign at the recent location was actually posted on the corner of Overland and West Elizabeth on the southeast corner where there is a sidewalk...” Summary of Appeal Assertions/Response: Packet Pg. 526 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 7 “The waiver of the requirement for a neighborhood meeting…and to notice anything was a failure to properly interpret and apply.” From the Staff Report/Verbatim Transcript: “There was a neighborhood meeting as part of the original approval of the Project Development Plan in 2006.” “…the Director determined…that the development proposal would not have significant neighborhood impacts... a neighborhood meeting was not held…” Summary of Appeal Assertions/Response: Packet Pg. 527 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 8 “The intersection…at Elizabeth and Overland Trail does not comport with applicable standards.” From Staff Report/Verbatim Transcript: “A Transportation Impact Study was submitted and evaluated by the City’s Traffic Engineering Department for the originally approved P.D.P. (May 18, 2006).” “The Major Amendment and Replat continues to comply with the applicable General Development Standards of Article Three.” Summary of Appeal Assertions/Response: Packet Pg. 528 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 9 “Bella Vira does not have street connections to the North” The Record does not include any information or response to lack of street connections to the north of the property. Staff is available to answer any further questions Council may have regarding approved Final Plan design, including street connections. Summary of Appeal Assertions/Response: Packet Pg. 529 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 10 “The Board…improperly failed to receive all relevant evidence offered by the appellant.” Staff is available to answer any further questions Council may have that the Board failed to receive all relevant evidence offered by the appellant. Summary of Appeal Assertions/Response: Packet Pg. 530 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 11 Questions for the Council: 1. Did the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Land Use Code. 2. Did Planning and Zoning Board failed to conduct a fair hearing. Packet Pg. 531 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 12 Resource Slides From Record Packet Pg. 532 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 13 Filing 2 Bella Vira, Filing 2, Major Amendment and Replat Filing 2 CSU The Ponds Packet Pg. 533 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 14 W. Elizabeth St. Bella Vira, Filing 2, Major Amendment and Replat Filing 2 Packet Pg. 534 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 15 Bella Vira, Filing 2, Major Amendment and Replat Packet Pg. 535 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 16 Bella Vira, Filing 2, Major Amendment and Replat Packet Pg. 536 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 17 Bella Vira, Filing 2, Major Amendment and Replat Project Background: • Original PDP approved in 2006, and Final Plan approved in 2008 • Bella Vira Filing 1 is under separate ownership and development agreement • Term of vested rights extended to May 16, 2014 • Proposed Replat and housing type change requires a Major Amendment • Type 2 Review – consistent with approved 2006 PDP Packet Pg. 537 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 18 Bella Vira, Filing 2, Major Amendment and Replat Existing Zoning Packet Pg. 538 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 19 Bella Vira, Filing 2, Major Amendment and Replat Plat Packet Pg. 539 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 20 Bella Vira, Filing 2, Major Amendment and Replat Site Plan Packet Pg. 540 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 21 Bella Vira, Filing 2, Major Amendment and Replat Landscape Plan Packet Pg. 541 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 22 Bella Vira, Filing 2, Major Amendment and Replat Building Elevations Packet Pg. 542 Attachment18.5: Powerpoint presentation (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council ITEM POSTPONED TO MAY 20, 2014 STAFF Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT Resolution 2014-033 Superseding Resolution 2013-049 and Authorizing the Execution of a Revised First Amendment to the Intergovernmental Agreement Establishing the Boxelder Basin Regional Stormwater Authority. EXECUTIVE SUMMARY The purpose of this item is to approve a revised First Amendment to the Boxelder Basin Regional Stormwater Authority (BBRSA) in place of the First Amendment that was authorized by the adoption of Resolution 2014- 049. The Revised First Amendment: • Authorizes the BBRSA to determine and make minor revisions to properties within the Service Area of the BBRSA by designating areas as “non-tributary areas”, and to grant fee credits to other areas within the Service Area; • Authorizes the BBRSA to accept loans from the Colorado Water Conservation Board (CWCB) to fund the design and construction of the remaining regional stormwater projects; and, • Establishes a sunset provision that terminates collection of stormwater fees and charges either twenty years after the effective date of this Amendment, provided there is agreement regarding the operation and maintenance responsibilities for the projects, or upon completion of all regional stormwater projects, payment of all debt incurred by the BBRSA, agreement as to payment of any BBRSA obligations to Members and disbursement of any remaining revenues and agreement among the Members as to any continuing obligation for operation and maintenance of the projects. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Boxelder Creek Watershed encompasses over 265 square miles and extends from just north of the Wyoming border to the Poudre River on the south. Several local governments have worked together since 2005 to identify ways to mitigate flood hazards within the area that is tributary to Boxelder Creek from County Road 70 north of Wellington south to where Boxelder Creek floodwaters join the Cache La Poudre River. The Boxelder Creek 100-Year floodplain impacts approximately 4,900 acres of land within the regional area. Due to the numerous split flows and diversions that occur, the potential for overtopping frequently used roads and the probability of the existing conveyance system to become blocked, there is the potential for loss of life and/or bodily injury during the 100-Year Flood. In August 2008, the City of Fort Collins, Larimer County and Town of Wellington entered into an intergovernmental agreement to establish the Boxelder Basin Regional Stormwater Authority (BBRSA) and fund the design and construction of regional stormwater improvements. In 2012, the Town of Timnath entered into an intergovernmental agreement with the BBRSA to financially participate in the design and Agenda Item 19 Item # 19 Page 2 construction of regional stormwater improvements. The originally proposed First Amendment to the BBRSA Intergovernmental agreement was approved by both the City of Fort Collins and the Town of Wellington in May 2013. Larimer County, however, expressed concerns regarding the need to identify and fund specific improvements to County Road 52 and to better define the sunset language provision included in the amendment. A staff update on the BBRSA and associated projects on Boxelder Creek was presented at the January 28, 2014 City Council Work Session. In 2014, all parties executed the County Road 52 Improvements IGA to address Larimer County’s concerns. Accordingly, the BBRSA Master Plan has been updated and revised to consist of the following regional stormwater projects:  Diversion of Coal Creek to Clark Reservoir (Clark);  East Side Detention Facility (ESDF);  County Road 52 Improvements (CR 52 Improvements); and  Larimer and Weld Canal Crossing Structure (LWCCS). Larimer County has proposed a revision to the First Amendment to the BBRSA Intergovernmental Agreement that specifies a twenty-year sunset provision on the collection of stormwater fees and charges pending agreement of the parties regarding the on-going operations and maintenance of the regional stormwater projects. FINANCIAL / ECONOMIC IMPACTS In light of the BBRSA Stormwater Master Plan revisions, an update of the estimated Benefit/Cost Ratio of the regional stormwater projects was completed to confirm the financial benefits. The table below uses information on damage losses from the 2006 Boxelder Creek Regional Stormwater Master Plan and compares the losses with the current estimated construction costs for the remaining BBRSA projects (ESDF, LWCCS, and CR52 Improvements). 1Present Worth Damage Losses Estimated in 2006 Master Plan 10/30/2013 Boxelder Creek Reach Potential Damages at Existing Conditions Potential Damages After Construction Resulting Benefits (Damage Reductions) Middle Boxelder Creek (CR54 to I25) $ 9,990,993 $ 5,000,000 $ 4,990,993 Boxelder Overflow $ 9,007,028 $ - $ 9,007,028 Lower Boxelder Creek (I25 to Poudre) $ 2,015,535 $ 811,806 $ 1,203,729 Boxelder I 25 Split $ 10,224,807 $ - $ 10,224,807 Cooper Slough $ 27,344,409 $ 8,623,624 $ 18,720,785 Cache La Poudre Overflow $ 2,311,180 $ 220,493 $ 2,090,687 Total $ 60,893,952 $ 14,655,923 $ 46,238,029 2 Current Construction Cost Estimate (ESDF, LWCCS& CR 52 Improvements) $ 11,700,000 Estimated Benefit/Cost Ratio 3.95 1 Source: T able C-3 Appendices BOXELDER CREEK REGIONAL ST ORM WAT ER M AST ER PLAN October 2006 2 Initial Total Costs to be offset by Authority Revenue & TDA contributions & Additional Fu n ding from New IGA Review of the table shows an updated Benefit/Cost Ratio of 3.95. In most instances, a B/C ratio of 1.5 or 2 is considered very good. Such a high B/C ratio is very unusual and demonstrates the dramatic benefits that construction of the BBRSA projects has with regard to the reduction in damages from a 100-Year flood event. Summary – Fort Collins Benefits There are significant financial benefits and reductions in flood damage to properties located with the City of Fort Collins and its GMA as presented at both the January 28, 2014 Council Work Session and March 18, 2014 Regular Council Meeting. Highlights of the benefits include: Agenda Item 19 Item # 19 Page 3 Cooper Slough  The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow that extends south along the east side of Interstate Highway 25.  A savings of $11.3 Million in reduced stormwater infrastructure costs.  Removal of 130 acres of land from the 100-Year floodplain.  Reduces flooding damage to existing properties at the Mulberry Road / Interstate Highway 25 interchange. Boxelder Creek  The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow that extends south along the east side of Interstate Highway 25.  There is a $6 million savings in stormwater infrastructure required for roads within the Fort Collins GMA.  There is a $2.1 million savings in stormwater improvements at Boxelder Creek / Prospect Road.  Removal of 650 acres of land from the 100-year floodplain. 20 Year Stormwater Fee and Charge Sunset Provision The revised language in the First Amendment states that the BBRSA shall terminate collection of stormwater fees and charges twenty years after the effective date of the Amendment provided there is agreement among the Members with regard to any continued obligation of the Authority which extends beyond such termination for operation and maintenance responsibilities for the Coal Creek Flood Mitigation, ESDF, CR 52 Improvements, and LWCCS projects, or upon the occurrence of all of the following contingencies (a) through (e), whichever first occurs: (a) Completion of the East Side Detention Facility/Gray Lakes and Larimer/Weld County Canal Crossing Structure projects; (b) Payment in full of the loan from the CWCB and any other obligations of the Authority; (c) Agreement among the Members with regard to any continued obligation of the Authority which extends beyond the termination of collection of fees and charges by the Authority including, but not limited to, operation and maintenance responsibilities for the Coal Creek Flood Mitigation, the East Side Detention Facility/Gray Lakes, and Larimer/Weld County Canal Crossing Structure projects.; (d) Agreement among the Members as to payment of any Authority obligation to the Members for matching funds of the Members for the FEMA Pre-Disaster Mitigation Grant in the approximate amount of one million dollars ($1,000,000); and, (e) Agreement among the Members as to the disbursement of any revenues of the Authority which remains after the Authority has finalized all of the administrative and organizational requirements necessary to terminate collection of fees and charges by the Authority including, but not limited to, any required budgets, audits, and filings with any state or federal authority. The current financial scenarios indicate that the CWCB loans are anticipated to be paid off within 15 years. This is well within the twenty year time period included in the revised First Amendment language. It should also be noted that the twenty year time frame is also contingent on the requirement that Fort Collins, Larimer County and Wellington have reached agreement with regard to the long-term operations and maintenance of the regional stormwater projects. ENVIRONMENTAL IMPACTS The BBRSA has already received Endangered Act Species (ESA) clearance for its projects and is working with the U.S. Army Corps of Engineers (USACE) to receive the required 404 Permit. In accordance with the language in the original Boxelder IGA -- the location, size and impacts of any BBRSA or Fort Collins/Timnath stormwater improvements projects built on or in the vicinity of the Arapaho Bend Natural Area east of Interstate Highway 25 shall be minimized to the extent reasonably possible and that all construction activities and improvements shall be sensitive to the natural features of the affected property. Any area impacted by construction activities shall be restored to pre-construction natural conditions to the extent reasonably possible, using native vegetation. Agenda Item 19 Item # 19 Page 4 As a result of the relocation of the ESDF downstream, the Middle Boxelder Creek improvements were eliminated, reducing potential impacts on the section of Boxelder Creek from County Roads 48 to 54. PUBLIC OUTREACH Information on the BBRSA and progress on its regional projects is presented monthly at the BBRSA Board of Directors meeting which is held at 4:00 PM the fourth Wednesday of each month at the Leeper Center, 3800 Wilson Avenue, Wellington, Colorado. The Board Meeting agendas and minutes along with relevant studies, mapping and other information are available for review at the following BBRSA website hyperlink: http://www.boxelderauthority.org/. In addition, the BBRSA maintains a mailing list of parties who have expressed interest in receiving information and regularly distributes Board Meeting agendas and materials. The BBRSA also publishes and distributes a quarterly newsletter which provides information and updates on the authority and its programs. Comprehensive updates on the BBRSA were presented at the recent public meetings listed below:  January 28, 2014 City Council Work Session  February 26, 2014 BBRSA Board of Directors Work Session  March 18, 2014 City Council Regular Meeting. ATTACHMENTS 1. Boxelder Creek Watershed -- Project Map (PDF) 2. Powerpoint presentation (PDF) EAST SIDE DETENTION FACILITY (ESDF) and COUNTY ROAD 52 IMPROVEMENTS LARIMER / WELD CANAL CROSSING STRUCTURE (LWCCS) BOXELDER CREEK AT I-25 LAKE CANAL CROSSING OF BOXELDER CREEK BOXELDER CREEK OUTFALL AND PROPSECT ROAD IMPROVEMENTS BOXELDER CREEK WATERSHED -- PROJECT MAP 1 1 First Amendment to Boxelder Basin Regional Stormwater Authority City Council Meeting May 6, 2014 Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins 2 Executive Summary The purpose of this item is to: Supersede Resolution 2014-049 and Authorize the Execution of a Revised First Amendment to the IGA Establishing the Boxelder Basin Regional Stormwater Authority. ATTACHMENT 2 2 3 BOXELDER CREEK WATERSHED _____ Project Map 4 • Original First Amendment approved by both Fort Collins and Wellington in May 2013. • Larimer County  Concerns regarding – County Road 52 Improvements – Sunset Language provision • In March/April 2014, all parties executed the County Road 52 Improvements IGA to address Larimer County’s concerns. • Larimer County proposed a revision to the First Amendment regarding sunset language – Approved by both Larimer County and Wellington. First Amendment -- Background 3 5 • “Non-tributary areas” and fee credits in Service Area; • Accept loans from the Colorado Water Conservation Board (CWCB) to fund the design and construction of the remaining regional stormwater projects; and, • Sunset provision that terminates stormwater fees: – 20 years after date of First Amendment (if O & M responsibilities agreed to); OR – Upon completion of all projects, payment of all debt and BBRSA obligations, and agreement on operations and maintenance. First Amendment -- Revised 6 Executive Summary The purpose of this item is to: Supersede Resolution 2014-049 and Authorize the Execution of a Revised First Amendment to the IGA Establishing the Boxelder Basin Regional Stormwater Authority. - 1 - RESOLUTION 2014-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPERSEDING RESOLUTION 2013-049 AND AUTHORIZING THE EXECUTION OF A REVISED FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY WHEREAS, on July 15, 2008, the City Council approved Resolution 2008-068, authorizing an intergovernmental agreement with Larimer County and the Town of Wellington to form the Boxelder Basin Regional Stormwater Authority (the “Authority”), to fund and implement the regional stormwater improvements outlined in the Boxelder Regional Stormwater Master Plan (the “Master Plan”); and WHEREAS, on August 20, 2008, the intergovernmental agreement to form the Authority (the “Agreement”) was finalized and signed by all parties, and the Authority was subsequently organized; and WHEREAS, since its organization, the Authority has completed the design and construction of the Coal Creek Flood Mitigation Project and has preliminarily designed the two remaining regional stormwater projects contemplated in the Master Plan; and WHEREAS, in order to move forward with the remaining projects, the Authority has identified possible funding in the form of a loan from the Colorado Water Conservation Board (“CWCB”), to be repaid with Authority stormwater fees collected from within the Authority’s service area; and WHEREAS, the Agreement calls for the members of the Authority to approve any borrowing by the Authority; and WHEREAS, in addition to the approval of the proposed borrowing from CWCB, the Board of Directors of the Authority (the “Board”) has recommended that the members of the Authority amend the Agreement to designate certain non-tributary areas and provide for fee credits to areas within the Authority service area that do not contribute stormwater flows to the Basin; and WHEREAS, the Board has further recommended that the members of the Authority amend the Agreement to sunset the Authority upon completion of the remaining Master Plan projects, payment of all debt incurred, and agreement among the members as to continuing obligations for ownership, operation and maintenance of the improvements constructed by the Authority; and WHEREAS, on May 21, 2013, the City Council adopted Resolution 2013-049, authorizing an amendment to the Agreement that incorporated the terms described above; and WHEREAS, since the adoption of Resolution 2013-049, additional revisions to the Agreement have been proposed by Larimer County, and the amendment as approved by the City Council has not been executed; and - 2 - WHEREAS, Larimer County has proposed that the Agreement language regarding the sunset of the Authority be revised; and WHEREAS, a First Amendment to the Agreement reflecting the recommendations of the Board as set forth in the originally approved amendment, as well as the revisions requested by Larimer County, has been prepared by Authority staff (the “First Amendment”), and is attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, the Town Board of Wellington and the Board of County Commissioners of Larimer County have approved the First Amendment in substantially the form attached hereto; and WHEREAS, the City Manager has recommended that the City Council approve the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the approval of the First Amendment is in the best interests of the City in order to facilitate the completion of the Master Plan improvements and provide for the fulfillment by the Authority of its intended purposes and objectives for stormwater improvements in the Boxelder Basin. Section 2. That the City Council hereby approves the First Amendment and authorizes and directs the Mayor to execute the First Amendment on behalf of the City in substantially the form attached hereto as Exhibit “A,” together with such additional or modified terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and advance the purposes set forth in this Resolution. Section 3. That the terms of this Resolution supersede and replace Resolution 2013- 049, which shall be of no further force or effect. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of May, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT THIS FIRST AMENDMENT entered into this day of , 20 , by and among the BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO, (the “County”), the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and the TOWN OF WELLINGTON, COLORADO, a statutory municipality (the “Town”), collectively referred to as the “Members”. WITNESSETH: WHEREAS, the Members entered into the Intergovernmental Agreement for Stormwater Cooperation and Management on August 20 th , 2008 (the “IGA”) for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and WHEREAS, the Authority has, pursuant to the Boxelder Creek Regional Stormwater Master Plan dated October 2006 (“Master Plan”), proceeded to construct and complete the Coal Creek Flood Mitigation Project; and WHEREAS, the Authority has determined that two remaining projects are necessary to meet the flood mitigation and drainage goals of the Master Plan; and WHEREAS, the Authority has preliminarily designed the East Side Detention Facility also known as the Gray Lakes Project and the Larimer/Weld County Crossing Structure (the “Projects”) which are the two projects the Authority has determined need to be constructed to meet the goals of the Master Plan; and WHEREAS, the Authority has determined, through preliminary design, that the cost of the Projects is estimated at $9.9 million; and WHEREAS, the Authority has entered into an Intergovernmental Agreement dated November 15, 2012, (the “Timnath IGA”) between the Authority and the Timnath Development Authority of Colorado (“TDA”) which provides that TDA shall participate in the funding of the Projects; and WHEREAS, pursuant to the Timnath IGA, the TDA has transferred $500,000 to the Authority for use by the Authority in the continuing design of the Projects; and WHEREAS, pursuant to the Timnath IGA, the TDA will reimburse the Authority for 25% of the costs of the Projects incurred after the transfer of the $500,000 to the Authority; and EXHIBIT A WHEREAS, the Authority has determined the most cost efficient method of funding the Projects is obtaining a loan through the Colorado Water Conservation Bo0ard (“CWCB”); and WHEREAS, the CWCB loan requires a 10% local match resulting in a $9.0 million loan. This match will be the responsibility of the Authority with TDA reimbursing the Authority 25% of the match pursuant to the Timnath IGA; and WHEREAS, the Authority has met with the Members and reviewed the design and construction of the Projects, the funding of the Projects, and the terms and conditions of the proposed loan from CWCB; and WHEREAS, the Authority has requested the Members amend the IGA to allow the Authority to move forward with the funding and construction of the Projects; and WHEREAS, upon completion of the Projects, payment of all debt incurred by the Authority for the construction of the Projects, and agreement among the Members as to any continuing obligation for operation and maintenance of any Authority projects, there is no longer any need to continue with the Authority; and WHEREAS, the Authority and the Members have also determined that the Authority should have the right to make minor revisions to properties within the Service Area of the Authority by designating areas as “non-tributary areas”, and grant fee credits to other areas within the Service Area; and WHEREAS, the Members have determined to enter into this First Amendment in order to address the funding and construction of the Projects, the granting to the Authority the right to provide fee credits to appropriate properties within the Service Area, and the termination of the Authority. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Members hereto agree as follows: 1. Article II of the IGA shall be amended by the addition of Section 2.10 to read as follows: Section 2.10 Service Area Revisions. The Authority shall have the authority to make minor revisions to the Service Area by designating properties as “Non- Tributary Properties” or grant fee credits to other properties within the Service Area as follows: (a) The Authority may, on a case by case basis, determine that individual properties in the Service Area are not tributary to the Boxelder Basin; and based upon that determination, remove those properties from the Service Area of the Authority. Any such removal shall be communicated to the Members in order for the individual Member to make appropriate adjustment in its fee structure. (b) The Authority may designate areas in the Service Area as “100 percent fee credit” properties based upon the following criteria: 1. There are properties located within the Service Area which as of the date of this Amendment drain into Soil Conservation Service/Natural Resources Conservation Service dam-impounded lakes and decreed irrigation reservoirs that in 100 year storm event release upstream waters at a rate less than or equal to the release from an historic two-year storm event. This effectively provides mitigation of downstream flood damage. These properties are eligible for 100% fee credit on the annual stormwater service fee as long as these conditions continue. 2. If a residential (dwelling) or commercial structure lies within a sub-basin area that drains to a lake, pond and/or depressed feature, which does not contribute runoff to the Boxelder Basin during a 100 year storm, the sub-basin shall be considered to be a non-tributary sub-basin and the individual property containing the residence (dwelling) or commercial structure is eligible for 100% fee credit on the annual stormwater service fee as long as the conditions do not change. The criteria for the Authority’s determination of such a sub-basin area being a non-tributary sub-basin is set forth on Exhibit A attached hereto and incorporated herein by reference. (c) If the Service Area boundary intersects any portion of a residential (dwelling) structure, then the property upon which the residence is located shall be assessed 50% of the annual stormwater service fee. (d) All fee credits shall be given on a calendar year basis. The Authority shall provide each individual Member with the 100% fee credit and 50% assessed properties located within each Member’s jurisdiction for the purpose of allowing the Member to calculate credits for any properties entitled to fee credits. 2. The IGA shall be amended by the addition of the following two Articles: ARTICLE IX EAST SIDE DETENTION FACILITY/GRAY LAKES AND LARIMER/WELD COUNTY CANAL CROSSING STRUCTURE PROJECTS FUNDING. Section 9.01 The Members hereby agree to authorize the Authority to apply for and receive a loan from the Colorado Water Conservation Board for the design and construction of the Projects upon the following terms and conditions: (a) The amount of the loan from the CWCB shall not exceed the principal sum of $9 million. (b) The Authority shall be responsible for the local match which is 10% of the principal sum of the loan. The 25% TDA reimbursement shall be part of the local match. (c) The term of the loan shall not exceed fifteen (15) years. (d) The interest rate on the loan shall not exceed 2.75% APR. (e) The Members shall provide any documentation or authority required by the CWCB of the Members for the Authority to obtain and this loan. ARTICLE X TERMINATION OF STORMWATER FEES AND CHARGES Section 10.01 The Members agree that the Authority shall terminate collection of stormwater fees and charges twenty years after the effective date of this Amendment provided there is agreement among the Members with regard to any continued obligation of the Authority which extends beyond such termination for operation and maintenance responsibilities for the Coal Creek Flood Mitigation, the East Side Detention Facility /Gray Lakes, and Larimer/Weld County Canal Crossing Structure projects, OR upon the occurrence of all of the following contingencies (a) through (e), whichever first occurs. (a) Completion of the East Side Detention Facility/Gray Lakes and Larimer/Weld County Canal Crossing Structure projects. (b) Payment in full of the loan from the CWCB and any other obligations of the Authority. (c) Agreement among the Members with regard to any continued obligation of the Authority which extends beyond the termination of collection of fees and charges by the Authority including, but not limited to, operation and maintenance responsibilities for the Coal Creek Flood Mitigation, the East Side Detention Facility/Gray Lakes, and Larimer/Weld County Canal Crossing Structure projects. (d) Agreement among the Members as to payment of any Authority obligation to the Members for matching funds of the Members for the FEMA Pre-Disaster Mitigation Grant in the approximate amount of one million dollars ($1,000,000). (e) Agreement among the Members as to the disbursement of any revenues of the Authority which remain after the Authority has finalized all of the administrative and organizational requirements necessary to terminate collection of fees and charges by the Authority including, but not limited to, any required budgets, audits, and filings with any state or federal authority. 3. This Amendment shall be effective upon the execution of the First Amendment by all of the Members. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO By: _______________________________________ Chair ATTEST: ____________________________________ Deputy Clerk to the Board Date: ___________________ Approved as to form: _________________________ County Attorney THE CITY OF FORT COLLINS, COLROADO A Municipal Corporation By: _______________________________________ Mayor ATTEST: ____________________________________ City Clerk Date: ___________________ Approved as to form: _________________________ City Attorney THE TOWN OF WELLINGTON, COLORADO A Statutory Municipality By: _______________________________________ Mayor ATTEST: ____________________________________ Town Clerk Date: ___________________ Approved as to form: _________________________ Town Attorney EXHIBIT A Policy for Non-Tributary Sub-Basin: If a residential (dwelling) or commercial structure lies within a Sub-Basin area that drains to a lake, pond and/or a depressed feature that can be shown to not contribute runoff to the Boxelder Basin during a 100-year storm, then the Sub-Basin will be considered to be a Non-Tributary Sub- Basin and the owner of the residential (dwelling) or commercial structure will be given a 100% fee credit on the annual stormwater service fee as long as the conditions don’t change. Option A: The following method can be used to determine if the Sub-Basin area in question is a Non-Tributary Sub-Basin: Step 1: Determine the entire drainage area for the basin, using the best available topographic data. Step 2: Determine the percent impervious area for the entire drainage area based on best available aerial imagery. Using Table RO-5 in Volume 1 of the Urban Storm Drainage Criteria Manual determine the associated ‘C’ value for Type C and D soils (Table attached). Step 3: Using the Rational Method Formula: Q=ciA Determine the volume of runoff for the closed basin area assuming a 2-hour design storm with a total depth of 3.67 inches. Multiply the volume by 2 to account for prior rainfall events. Step 4: Determine the volume of storage available within the pond, lake or depressed area being sure to account for the normal water surface elevation if there is one. Step 5: Compare the volume of runoff with the volume of storage available. If the volume of runoff is less than the volume of storage then the basin is a Non-Tributary Sub-Basin. Option B: The property owner can hire an engineer to prepare a ModSWMM computer model of the basin and storage area and prove through modeling that the basin is Non-Tributary. The Authority may require a property receiving a fee credit draining to a Non-Tributary Sub- Basin to provide a legal easement which permanently dedicates the available storage volume for stormwater management purposes. 4 12 PARTY WALL 1HR FIRE RATED FRONT ELEVATION 1 Scale: 1/8" = 1'-0" RIGHT ELEVATION 4 Scale: 1/8" = 1'-0" REAR ELEVATION 3 Scale: 1/8" = 1'-0" LEFT ELEVATION 2 Scale: 1/8" = 1'-0" FF 1ST 100' 0" FF BSMT 90' 1 7/8" FF 2ND FLR BRG 109' 1" 109' 0" BRG 117' 2" FF 1ST 100' 0" FF BSMT 90' 1 7/8" FF 1ST 100' 0" FF 2ND FLR 109' 1" BRG 117' 2" FF 1ST 100' 0" FF BSMT 90' 1 7/8 FF 2ND FLR 109' 1" BRG 117' 2" APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT RED-BROWN SHINGLED ROOF SIDING &/OR ROOF FORMS AT REAR ELEVATIONS MAY VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO, BUFF FAUX FLAGSTONE, RED-BROWN BRICK, & LAP SIDING IN VARIOUS COMBINATIONS. RED-BROWN SHINGLED ROOF HEIGHT 23' 10" 38'-0" SIDING &/OR ROOF FORMS AT ENTRY WILL VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO "TAN/BEIGE", "BUFF" FAUX FLAGSTONE, "RED-BROWN" BRICK: IN VARIOUS COMBINATIONS. 4 12 4 12 4 12 4 12 PARTY WALL 1HR FIRE RATED 90' 1 7/8" FF ELEV 8' 0" BRG 110' 0" BRG 112' 0" BRG 100' 0" FF ELEV 110' 0" BRG 112' 0" BRG FF 1ST 100' 0" FF BSMT 90' 1 7/8" FRONT ELEVATION 1 Scale: 1/8" = 1'-0" RIGHT ELEVATION 4 Scale: 1/8" = 1'-0" REAR ELEVATION 3 Scale: 1/8" = 1'-0" LEFT ELEVATION 2 Scale: 1/8" = 1'-0" RANCH TOWNHOME UNIT TYPE #1 RANCH TOWNHOME UNIT TYPE #2 TWO-STORY TOWNHOME UNIT TYPE #3 FF 1ST 100' 0" BELLA VIRA SUBDIVISION FILING TWO BUILDING ELEVATIONS APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT APPROX. LINE OF GRADE AT "WALK-OUT" BASEMENT APPROX. LINE OF GRADE AT NON-WALK OUT BASEMENT SIDING &/OR ROOF FORMS AT ENTRY WILL VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO "TAN/BEIGE", "BUFF" FAUX FLAGSTONE, "RED-BROWN" BRICK: IN VARIOUS COMBINATIONS. SIDING &/OR ROOF FORMS AT REAR ELEVATIONS MAY VARY AT EACH REPEATED UNIT TYPE - SIDING MATERIALS TO INCLUDE STUCCO, BUFF FAUX FLAGSTONE, RED-BROWN BRICK, & LAP SIDING IN VARIOUS COMBINATIONS. PARTY WALL 1HR FIRE RATED HEIGHT 19' 0" 38'-0" A3.1 4 12 4 12 4 12 4 12 PARTY WALL 1HR FIRE RATED JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWNHOMES FORT COLLINS, CO 13115 FEBRUARY 12, 2014 CGL/DWL DWL Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal)  &'2767$1'$5'63(&,),&$7,216)2552$'6$1'%5,'*(6/$7(67(',7,21  %8,/',1*&2'(5(48,5(0(176)255(,1)25&('&21&5(7($&,´$0(5,&$1&21&5(7(,167,787(  $&,0$18$/2)&21&5(7(35$&7,&(´3$5767+528*+  0$18$/2)67$1'$5'35$&7,&(´&21&5(7(5(,1)25&,1*67((/,167,787(  5(,1)25&('&21&5(7(0$7(5,$/6  68%0,7&21&5(7(0,;'(6,*16727+((1*,1((5$1'2%7$,1$33529$/35,25723/$&(0(172)$1<&$67,13/$&(&21&5(7(720((77+( )2//2:,1*675(1*7+6  6758&785$/&21&5(7(I F 36,#'$<6  $**5(*$7(6ô´0$;$670& 1250$/:(,*+7  &(0(17$670&7<3(,25,,  :&5$7,20$; 6/803´0$;  $,5)25(;326('&21&5(7($'0,;785(72&203/<:,7+$670&  $//(;326('('*(62)&21&5(7(6+$//+$9(  &+$0)(5812  (;3$16,21-2,170$7(5,$/6+$//0((7$$6+7263(&,),&$7,210  $//&21&5(7(,1&217$&7:,7+62,/6+$//%(68/)$7(5(6,67,1*  5(,1)25&,1*67((/'()250('%$56$670$*5$'((;&(377,(%$5672%(*5$'(:(/'('%$5672&21)25072$670  :(/'(':,5()$%5,&$670$25$  5(,1)25&('&21&5(7(127(6  &2/':($7+(50$,17$,1&21&5(7(&85,1*7(03(5$785($%29(ž))25$0,1,0802)&216(&87,9('$<6  3/$&(5(,1)25&(0(17:,7+&+$,56$1'$&&(6625,(61(&(66$5<7268332575(,1)25&(0(17$7326,7,2166+2:121'5$:,1*6)2507,(6 :22'%5,&.2527+(50$7(5,$/6:,//127%($//2:(')2568332572)5(,1)25&(0(17  5(,1)25&,1*$1'(0%('0(17,7(066+$//%()5((2)(;&(66,9(6&$/(255867',57*5($6(2,/25$1<27+(568%67$1&(7+$7:,//,03$,5 %21':,7+&21&5(7(  &216758&7,21-2,1761276+2:1217+(3/$166+$//%(35($33529('%<7+(6758&785$/(1*,1((5-2,1766+$//%(7+2528*+/<&/($1(' $1'528*+(1('35,25723/$&,1*&21&5(7(  3529,'(/$36/(1*7+6$66+2:1$7$//63/,&(6  7+()2//2:,1*0,1,080&29(529(55(,1)25&,1*6+$//%(3529,'('81/(66'(7$,/('27+(5:,6(  &21&5(7(&$67$*$,1673(50$1(17/<(;326('($57+´  &21&5(7((;326('72($57+25:($7+(5%$5 60$//(5´7+528*+%$56´ *  6+23'5$:,1*6 68%0,77$/6  7+(&2175$&7256+$//&+(&.$1'67$03$//6+23'5$:,1*635,2572)25:$5',1*727+((1*,1((5)255(9,(:  7+(&2175$&7256+$//3529,'(25,*,1$/$1'35,1762)$//6+23'5$:,1*6$1'68%0,77$/6)255(9,(:,1&/8',1*%87127/,0,7('727+( )2//2:,1*  &21&5(7(0,;'(6,*165(,1)25&,1*67((/6758&785$/67((/&2/')250('6758&785$/67((/)5$0,1* ,  $//6,7(62,/6:25.*5$',1*$1')281'$7,21(;&$9$7,2166+$//%(5(9,(:('%<7+(352-(&7*(27(&+1,&$/(1*,1((535,25723/$&,1*$1< )250:25.255(,1)25&,1*$/(77(567$03('%<$5(*,67(5('352)(66,21$/(1*,1((567$7,1*7+$7'(6,*1$//2:$%/(%($5,1*35(6685(6$1' )281'$7,216<67(0$5($&&(37$%/($66+2:1217+(&216758&7,213/$166+$//%(68%0,77('  /(77(562)&216758&7,21&203/,$1&(7+(&2175$&7256+$//'(7(50,1()5207+(/2&$/%8,/',1*'(3$570(17:+(7+(5$1</(77(562) &203/,$1&($5(5(48,5('$1'127,)<7+(6758&785$/(1*,1((535,25727+(67$572)&216758&7,21+2856$'9$1&(127,&(6+$//%(*,9(1 727+(6758&785$/(1*,1((535,25725(48,5(',163(&7,216  ,163(&7,216$61250$//<5(48,5('%<7+(/2&$/%8,/',1*'(3$570(17$17,&,3$7('72,1&/8'()227,1*$1')281'$7,21,163(&7,216&21&5(7( 6/$%,163(&7,216$1')5$0,1*,163(&7,2165()(572,%&6(&7,21  63(&,$/,163(&7,21672%(3(5)250('%<7+(352-(&76758&785$/(1*,1((5$1'25$1$33529('63(&,$/,163(&7255(7$,1('%<7+(2:1(5$6 5(48,5('%<7+(%8,/',1*'(3$570(17 x 67((/3(5,2',&,163(&7,2162)$1<:(/'('25+,*+675(1*7+%2/7('&211(&7,2165()(572,%&6(&7,21 x &21&5(7(3(5,2',&,163(&7,2162))227,1*$1')281'$7,21:$//)250:25.$1&+25%2/76$1'(0%('6$1'5(,1)25&(0(173/$&(0(17 35,25723285,1*&21&5(7('2&80(17$7,216+$//%(3529,'('6+2:,1*0,;'(6,*10((76352-(&75(48,5(0(176)25$//)281'$7,21 &21&5(7(5()(572,%&6(&7,21 x 0$6215<3(5,2',&,163(&7,212)0257$53523257,2165(,1)25&,1*$1'*5287,1*,1$&&25'$1&(:,7+,%&6(&7,21$6$33/,&$%/(72 7+(352-(&7  2%6(59$7,21672%(3(5)250('%<7+(352-(&76758&785$/(1*,1((5$65(48,5('%<7+(/2&$/%8,/',1*'(3$570(17$1',%&6(&7,21 x 3(5,2',&2%6(59$7,2162)$//)227,1*6$1')281'$72,1:$//)250:25.5(,1)25&(0(173/$&(0(17$1&+25%2/73/$&(0(17729(5,)< :25.,6,1$&&25'$1&(:,7+352-(&7'5$:,1*62%6(59$7,21672%(3(5)250('35,2572&21&5(7(3/$&(0(17 x 3(5,2',&2%6(59$7,2162))5$0,1*6<67(06$1'&20321(176729(5,)<:25.,6,1$&&25'$1&(:,7+352-(&7'5$:,1*62%6(59$7,21672 %(3(5)250(':+,/()5$0,1*,69,6,%/($1'35,2572(1&/26,1* 6 Packet Pg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',5(&7,21 REQUIREDREINFORCINGBARTENSIONLAPSPLICELENGTHS(INCHES) FORCONCRETESTRENGTHSOF 4500PSI REINFORCEMENTWITHMORETHAN 12IN.CONCRETECASTBELOWSPLICE ALLOTHERREINFORCEMENT CONCRETECOVER CONCRETECOVER 1" 11/2" 2" 1" 11/2" 2" #3 14 14 14 12 12 12 #4 19 19 19 14 14 14 #5 27 23 23 21 18 18 #6 38 28 28 29 21 21 #7 61 45 40 47 35 31 #8 Ͳ 57 46 Ͳ 44 35 #9 Ͳ 70 57 Ͳ 54 44 #10 Ͳ 86 70 Ͳ 66 54 6 Packet Pg. (SEE NOTES 1-2) MINIMUM 6" THICK PEA GRAVEL LAYER MINIMUM 8" THICK CDOT AGGREGATE NO. 4 STORAGE/ FILTRATION LAYER 4" PERFORATED UNDERDRAIN UNDISTURBED EARTH CONNECT TO PERFORATED HDPE UNDERDRAIN WITH 4" SOLID WALL HDPE PIPE BACKFILL MATERIAL FLOW DIRECTION EXTEND SOLID WALL PIPE TO POND (SEE GRADING PLAN) Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 9.4737 8.2105 U.S.PATENT #6126817 ADDITIONAL PATENTS PENDING Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal)  )$;   ZZZQ\ORSODVWXVFRP '5$,1%$6,1:,7+67$1'$5'*5$7( 48,&.63(&,167$//$7,21'(7$,/ 7,7/( 352-(&7121$0( 0$7(5,$/ '$7( $33'%< '$7(  '5$:1%< (%&  &-$ $'$37(5 $1*/(6 9$5,$%/(ƒƒ $&&25',1*72 3/$16 $ 0,1:,'7+*8,'(/,1( 0,17+,&.1(66*8,'(/,1( 9$5,$%/(6803'(37+ $&&25',1*723/$16 0,1210,121 0,121 0,121 0,1,0803,3(%85,$/ '(37+3(53,3( 0$18)$&785(5 5(&200(1'$7,21 9$5,$%/(,19(57+(,*+76 $9$,/$%/( $&&25',1*72 3/$167$.(2)) 7+(%$&.),//0$7(5,$/6+$//%(&586+('6721(2527+(5 *5$18/$50$7(5,$/0((7,1*7+(5(48,5(0(1762)&/$66,, 0$7(5,$/$6'(),1(',1$670'%('',1* %$&.),//)25 685)$&('5$,1$*(,1/(766+$//%(3/$&(' &203$&7(' 81,)250/<,1$&&25'$1&(:,7+$670' 9$5,2867<3(62),1/(7 287/(7$'$37(56 $9$,/$%/()25&2558*$7('+'3( $'61$'66,1*/(:$//+$1&25'8$/:$//  6'56&+':9&2558*$7(' 5,%%('39& :$7(57,*+7-2,17 &2558*$7('+'3(6+2:1 *5$7(662/,'&29(566+$/%('8&7,/(,5213(5$670$*5$'( :,7+7+((;&(37,212)7+(%521=(*5$7(6 )5$0(66+$/%('8&7,/(,5213(5$670$*5$'( '5$,1%$6,172%(&867200$18)$&785('$&&25',1*723/$1'(7$,/65,6(56 $5(1(('(')25%$6,1629(5'8(726+,33,1*5(675,&7,216 6(('5$:,1*12 '5$,1$*(&211(&7,21678%-2,177,*+71(666+$/&21)25072$670')25 &2558*$7('+'3( $'6 +$1&25'8$/:$/  6'539& $'$37(56&$1%(02817('21$1<$1*/(ƒ72ƒ72'(7(50,1(0,1,080$1*/( %(7:((1$'$37(566(('5$:,1*12  *5$7(66+$/0((7+/2$'5$7,1*)253(' *5$7(66+$/0((7+/2$'5$7,1*)253(' 67' 62/,' $/%521=(*5$7(6'523,1*5$7(6  3('67'*5$7(6 62/,'&29(56$5( 5$7(')25/,*+7'87<$33/,&$7,21621/< '20(*5$7(6+$9(12/2$'5$7,1* &21&5(7(6/$%',0(16,216$5()25*8,'(/,1( 385326(621/<$&78$/&21&5(7(6/$%0867%('(6,*1(' 7$.,1*,172&216,'(5$7,21/2&$/62,/&21',7,21675$)),& /2$',1* 27+(5$33/,&$%/('(6,*1)$&7256 ,17(*5$7(''8&7,/(,521 )5$0( *5$7(72 0$7&+%$6,12' PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.03 N/A N/A PLAN VIEW SECTION A-A SECTION B-B GENERAL NOTES: B A A B DETAIL "A" APPROVED: DATE: DRAWN BY: NBJ 12/18/00 APPROVED: DATE: DRAWN BY: 1/12/00 SKC PLAN VIEW CROSS VIEW 45 ELBOW SERVICE WYE 8 IN. PVC SEWER PIPE COMPACTED GRANULAR MATERIAL AIR-TIGHT PLUG WITH 4 IN. X 4 IN. MARKER UNYIELDING PIPE BEDDING OF COMPACTED ROCK OR LEAN CONCRETE PVC SEWER PIPE NOTE: WYE CONNECTION NOT ALLOWED ON VCP LEAN CONCRETE o 20 MIN. o 45 MAX. o TRENCH UNYIELDING PIPE BEDDING OF COMPACTED ROCK OR 4 IN. X 4 IN. MARKER AIR-TIGHT PLUG DATE REVISED: APPROVED: DRAWN BY: SERVICE WYE DETAIL WW-9 NBJ 4/11/11 STANDARD CONCRETE NOTES APPROVED: DATE: DRAWN BY: 2/22/05 TDC NOT TO SCALE 1 C-7.03 ':*6,=( $ 6&$/(  6+(7 2)12 ':*5(9 % 9(521$$9( %8)25'*$ 3+1   )$;   ZZZQ\ORSODVWXVFRP ,1'20(*5$7($66(0%/< 7,7/( 352-(&7121$0( 0$7(5,$/ '$7( $33'%< '$7( 7+,635,17',6&/26(668%-(&70$77(5,1:+,&+ '5$:1%< (%& 1</23/$67+$635235,(7$5<5,*+767+(5(&(,37 253266(66,212)7+,635,17'2(6127&21)(5 75$16)(525/,&(16(7+(86(2)7+('(6,*125 7(&+1,&$/,1)250$7,216+2:1+(5(,1 5(352'8&7,212)7+,635,1725$1<,1)250$7,21 &217$,1('+(5(,1250$18)$&785(2)$1< $57,&/(+(5()520)257+(',6&/2685(7227+(56 ,6)25%,''(1(;&(37%<63(&,)&:5,77(1 3(50,66,21)5201</23/$67  &-$ $3352;'5$,1$5($ 64,1 $3352;:(,*+7:,7+)5$0( /%6   ‘ ‘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ttachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) MINIMUM INSIDE DIAMETER OF DIAMETER MANHOLE SHALL BE AS FOLLOWS: PIPE SIZE CONCRETE ADJUSTMENT SHIMS GROUTED INSIDE ASTM C-478 ECCENTRIC CONE PRE-FORMED PLASTIC GASKET ASTM C-478 MANHOLE SECTIONS GROUT BASE TO BARREL SECTION ON INSIDE PRE-FORMED PLASTIC GASKET CAST-IN-PLACE CONCRETE BASE 16 IN. MAX. FINISHED GRADE 28 IN. MAX. 24 IN. SEE TABLE 6 IN. 12 IN. SLOPE 1 IN./FT. 18 IN. MAX. MANHOLE RUNGS 12 IN. O.C. 8 IN. MIN DATE REVISED: APPROVED: DRAWN BY: STANDARD MANHOLE WW-3 NBJ 4/11/11 POURED INVERT 1 IN. MIN. SLOPE PRECAST MANHOLE BASE ALTERNATE BASE 6 IN. 8 IN. MIN 8 IN. MIN. 2 IN. MIN. MIN. MANHOLE PIPE SIZE MANHOLE SHALL BE AS FOLLOWS: MINIMUM INSIDE DIAMETER OF OVER 30 INCHES 18 IN. TO 30 IN. 15 IN. OR LESS DIAMETER 72 IN. 60 IN. 48 IN. PRE-FORMED PLASTIC GASKET GROUT BASE TO BARREL SECTION ON INSIDE PRE-FORMED PLASTIC GASKET 12 IN. 6 IN. 5 FT. MAX. 1 IN./FT. SLOPE 18 IN. MAX. MANHOLE RUNGS 12 IN. O.C. AS NEEDED SEE TABLE FINISHED GRADE 16 IN. MAX. 28 IN. MAX. CAST-IN-PLACE CONCRETE BASE ASTM C-478 MANHOLE SECTIONS OF CONICAL TOP ASTM C-478 CONCRETE ADJUSTMENT SHIMS GROUTED INSIDE NOTE: IF MANHOLE DEPTH IS LESS THAN 3 FEET, TOP SECTION SHALL HAVE A CONCENTRIC OPENING. 2 IN. MIN. FLAT SLAB TOP SECTION IN LIEU DATE REVISED: APPROVED: DRAWN BY: FLAT-TOP MANHOLE WW-5 NBJ 4/11/11 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) PAVEMENT SECTION DESIGN AFTER UNDERGROUND UTILITIES ARE INSTALLED AND SUBGRADE IS CUT TO ROUGH GRADE. 4" HOT MIX ASPHALT 6" AGGREGATE BASE COURSE (CLASS 6) 12" TREATED SUBGRADE (SEE GEOTECHNICAL REPORT) NOT TO SCALE 1 C7.01 6LGHZDON 'ULYHZD\ /,3 )/ 7& '5,9(:$< 6,'(:$/. 6(&7,21$$ 127( 6LGHZDONJUDGHVKDOOUHPDLQFRQVLVWHQWDFURVVGULYHZD\ 7KLVGHWDLODSSOLHVWR5HVLGHQWLDO &RPPHUFLDOGULYHZD\V  5HVLGHQWLDO 'HWDFKHG6LGHZDON $WWDFKHG6LGHZDON ([SDQVLRQ -RLQW0DWHULDO ([SDQVLRQ -RLQW0DWHULDO $ $ )RUGULYHZD\GHVLJQUHTXLUHPHQWVVHH&2167':*  '(7$&+(' $77$&+('     $OO6LGHZDON7KLFNQHVV6KDOO%HPLQLPXP 0LQ 6,'(:$/. &RPPHUFLDO Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal)  &5,7(5,$)256,1*/(3267 $OO1R3DUNLQJVLJQVVKDOOEHLQVWDOOHGDWƒIURP)ORZ/LQH [[ 25 *$8*(7(/(63$53267 )$   )520) 6WUHHW&XUE 6HH)LJXUH 567236,*1+,*+'(16,7<',$021' *5$'(6,*102817('723267:,7+($&+ '5,9(5,9(7:,7+1</21:$6+(5$*$,1676,*1 )$&( 217232)7+(6,*1 7+(%277202)7+( 6,*16+$//%(02817(':,7+($&+ [+(:%2/7:,7+0(7$/$1')520 1</21:$6+(56 1</21:$6+(5$*$,1676,*1 )$&( $1'6(&85(':,7+($&++(;187 217+(%$&.6,'(2)3267 / [[ $1&+25678% ($&+%/$'(6 02817('723267 :,7+($&+'5,9( 5,9(76:,7+ 1</21:$6+(56 *DXJH 8" CONCRETE PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP 2/11/2014 8:42:43 AM SME CONSTRUCTION DETAILS C7.00 N/A N/A  5    5   216,7(9(57,&$/&85% *877(5 *XWWHUHGJHPD\EH WDSHUHGRUEDWWHUHG 7\SLFDOIRUDOO&XUE *XWWHU7\SHV 287)$//&85% *877(5     5 5   *XWWHUHGJHPD\EH WDSHUHGRUEDWWHUHG 7\SLFDOIRUDOO&XUE *XWWHU7\SHV       ;  PLQ 'ULYHZD\:LGWK9DULHV  /LS )/ %DFNRIFXUE 5LJKWRI:D\OLQH 'HWDFKHG 6LGHZDON 127( &RQFUHWHGULYHZD\PXVWEH SURYLGHGWRWKHSURSHUW\OLQH 5HIHUWR&KDSWHUIRUPLQLPXPUHPRYDOGLPHQVLRQV ; < : ; : :LGWK W 176 6(&7,21$$  W W ; &XUE7UDQVLWLRQ/HQJWK < 3DUNZD\:LGWKLQ7\SH,$SSURDFK : 'ULYHZD\:LGWK 6HH'UDZLQJ W &RQFUHWH7KLFNQHVVPLQLPXP 7\SH, :LWK'HWDFKHG6LGHZDON 7\SH,, :LWK$WWDFKHG6LGHZDON 7<3(, 7<3(,, $ $ 3(563(&7,9( ;   % % :$/. < W W :$/. -2,17 (;3$16,21 6(&7,21%% 176 5DPSLIQHFHVVDU\  PD[ ([SDQVLRQMRLQWLIGULYH FRQWLQXHVDVFRQFUHWH :$/.  12" BACKGROUND "P" RED WHITE BLACK LEGEND, CIRCLE DIAGONAL, BORDER, "ARROW", "FIRE LANE" )257&2//,1621/< 1. THE SIGN PLATE SHALL BE A MINIMUM OF 12"X18" WITH A THICKNESS OF .080 ALUMINUM CONSTRUCTION. 2. THE SIGN FACE SHALL HAVE A WHITE REFLECTIVE BACKGROUND WITH A RED LEGEND. USE THE STANDARD 3M SCOTCHLITE SIGN FACE NUMBER R7-32 OR EQUIVALENT, WITH RED LETTERING AS SHOWN ABOVE. 3. ARROWS MAY BE NEEDED (LEFT, RIGHT OR DOUBLE), TO DESIGNATE BEGIN AND END OF NO PARKING AREA. 12 3$5.,1* %<25'(52)7+( ),5(0$56+$/ 67$1'$5' ),5(/$1(6,*1'(7$,/ 81,9(56$/ ),5(/$1(6,*1'(7$,/ 18" 2" 1 1/2" 3/4" 12" 1 C7.00 NOT TO SCALE 1"  &21&5(7(3$1 2' 6" CONCRETE 2 C7.00 NOT TO SCALE 12' 1.5" 1-3/8" 28' 6" CONCRETE &21&5(7(3$1 : $63+$/7 : : 3& &52663$1 7+,&.(1(' $63+$/7 7+,&.(1(' $1':$/. &85%*877(5 7 7+,&.1(662)&52663$1 : :,'7+2)&52663$1 3& ,IVXEJUDGHLVIO\DVK WUHDWHGXVH7LQVWHDGRI7 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 4. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. 6. VEGETATIVE SWALES, THE BIOSWALE, AND THE SNOUT BMP SHALL BE MAINTAINED BY THE PROPERTY OWNER OR HOA AND FOLLOW APPLICABLE STANDARD OPERATING PROCEDURES AS SHOWN IN DRAINAGE REPORT FOR BELLA VIRA SUBDIVISION FILING TWO. LEGEND NOTES D-101 BASIN DESIGNATION BASIN AREA (ACRE) 2 - YR RUNOFF COEFF. 100 - YR RUNOFF COEFF. BASIN BOUNDARY DESIGN POINT FLOW DIRECTION 030'60' SCALE: 1" = 30' 15' Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 2.80% 3.29% -1.80% PVI STA = 10+25.50 PVI ELEV = 5128.74 PVI STA = 11+23.11 PVI ELEV = 5127.48 PVI STA = 12+99.75 PVI ELEV = 5126.38 PVI STA = 12+59.25 PVI ELEV = 5125.24 PVI STA = 12+53.23 PVI ELEV = 5125.12 PVI STA = 12+47.20 PVI ELEV = 5125.25 50.0' VC HIGH PT EL: 5128.89 HIGH PT STA: 10+45.50 PVI STA: 10+50.50 PVI EL: 5129.11 AD: 3.75 K: 13.33 BVCS: 10+25.50 BVCE: 5128.74 EVCS: 10+75.50 EVCE: 5128.55 30.0' VC PVI STA: 15+79.89 PVI EL: 5135.59 AD: 2.79 K: 10.76 BVCS: 15+64.89 BVCE: 5135.10 EVCS: 15+94.89 EVCE: 5135.67 PROPOSED GRADE @ ROAD CENTERLINE EXISTING GROUND @ ROAD CENTERLINE PROPOSED GRADE PER JIM SELL DESIGN (SEE NOTE 2) PROPOSED GRADE PER JIM SELL DESIGN (SEE NOTE 2) PROP. 10" HDPE STORM STA.=12+55.56 INV.= 5118.12 NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C5.00_ROAD P&P.DWG 2/11/2014 12:34:58 PM SME BELLA VITA WAY & SABATINO LANE CENTERLINE PLAN & PROFILE C5.00 3' 30' 030'60' SCALE: 1" = 30' 15' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com 1. SEE SOILS REPORT FOR PAVEMENT AND SUBGRADE PREPARATION, DESIGN AND RECOMMENDATIONS. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. SEE SHEET C2.00 FOR SIGNING AND STRIPING INFORMATION. 4. SEE SHEET C4.01 AND C4.02 FOR DETAILED GRADING INFORMATION AT INTERSECTIONS WITH WEST ELIZABETH STREET. LOT LINES / R.O.W. EASEMENT LINES CENTERLINE PROPOSED CURB & GUTTER LEGEND NOTES Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) RISERS (7" MAX.) PROVIDE (1) 5" RISER PROVIDE (3) 6" RISERS LANDSCAPE WALL TOW=5132.90 PROVIDE (1) 5" RISER PROVIDE (2) 5" RISERS LOT LINE (TYP.) LOT LINE (TYP.) T T T T T T 30' CROWN TRANSITION BLOCK 1 2-FOOT CURB CUT AND SIDEWALK CHASE PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C4.01-C4.03_DETAILED GRADING P 2/11/2014 8:42:04 AM SME DETAILED GRADING PLAN C4.04 N/A 10' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 010'20' SCALE: 1" = 10' 5' LOT LINES / R.O.W. EASEMENT LINES CENTERLINE CURB & GUTTER LEGEND 5124 5124 PROPOSED 1' CONTOUR EXISTING 1' CONTOUR SIDEWALK CHASE STORM SEWER STORM INLET RETAINING WALL NOTES 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. SPOT ELEVATIONS SHOWN ARE TO FLOWLINE OR EDGE OF WALK UNLESS OTHERWISE NOTED. 4. ALL DISTURBED AREAS NOT PAVED SHALL BE REVEGETATED PER THE LANDSCAPE PLANS. 5. EXCEPT FOR THOSE BUILDING UNITS DESIGNATED AS "ADA UNITS", ALL UNITS ARE PROVIDED WITH A 6-INCH RISER FROM THE FRONT PATIO TO THE FIRST FLOOR FINISHED FLOOR. 6. REFER TO LANDSCAPE PLANS FOR DETAILS AND SPECIFICATIONS FOR ALL LANDSCAPE WALLS. REFER TO ARCHITECTURAL PLANS FOR DETAILS AND SPECIFICATIONS FOR STEPS AND HANDRAILS. 7. FINISHED FLOOR ELEVATIONS SHOWN ARE THE MINIMUM ELEVATIONS REQUIRED FOR PROTECTION FROM THE 100-YEAR STORM. 8. FOR BUIDLINGS 1-4 AND BUILDING 6 THE TOP OF FOUNDATION IS EQUAL TO THE FINISHED FLOOR ELEVATION AT THE FRONT OF THE BUILDING. FOR BUILDING 5 ALL TOP OF FOUNDATION ELEVATIONS AT THE PERIMETER OF THE BUILDING ARE EQUAL TO FINISHED FLOOR. REFER TO AND COORDINATE WITH THE ARCHITECTURAL DRAWINGS FOR EACH BUILDNG FOR MORE INFORMATION. FINISHED GRADE ELEVATIONS SHOWN ADJACENT TO BUILDINGS ARE A MINIMUM OF 8-INCHES BELOW TOP OF FOUNDATION. 9. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 10. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. KEYMAP NTS PROPOSED SPOT ELEVATION FF=FINISHED FLOOR FG=FINISHED GRADE AT EXTERIOR WALL TOW=TOP OF WALL LP=LOW POINT HP=HIGH POINT CURB & GUTTER TRANSITION T Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C4.01-C4.03_DETAILED GRADING PLA 2/11/2014 8:42:04 AM SME DETAILED GRADING PLAN C4.03 N/A 10' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 010'20' SCALE: 1" = 10' 5' LOT LINES / R.O.W. EASEMENT LINES CENTERLINE CURB & GUTTER LEGEND 5124 5124 PROPOSED 1' CONTOUR EXISTING 1' CONTOUR SIDEWALK CHASE STORM SEWER STORM INLET RETAINING WALL NOTES 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. SPOT ELEVATIONS SHOWN ARE TO FLOWLINE OR EDGE OF WALK UNLESS OTHERWISE NOTED. 4. ALL DISTURBED AREAS NOT PAVED SHALL BE REVEGETATED PER THE LANDSCAPE PLANS. 5. EXCEPT FOR THOSE BUILDING UNITS DESIGNATED AS "ADA UNITS", ALL UNITS ARE PROVIDED WITH A 6-INCH RISER FROM THE FRONT PATIO TO THE FIRST FLOOR FINISHED FLOOR. 6. REFER TO LANDSCAPE PLANS FOR DETAILS AND SPECIFICATIONS FOR ALL LANDSCAPE WALLS. REFER TO ARCHITECTURAL PLANS FOR DETAILS AND SPECIFICATIONS FOR STEPS AND HANDRAILS. 7. FINISHED FLOOR ELEVATIONS SHOWN ARE THE MINIMUM ELEVATIONS REQUIRED FOR PROTECTION FROM THE 100-YEAR STORM. 8. FOR BUIDLINGS 1-4 AND BUILDING 6 THE TOP OF FOUNDATION IS EQUAL TO THE FINISHED FLOOR ELEVATION AT THE FRONT OF THE BUILDING. FOR BUILDING 5 ALL TOP OF FOUNDATION ELEVATIONS AT THE PERIMETER OF THE BUILDING ARE EQUAL TO FINISHED FLOOR. REFER TO AND COORDINATE WITH THE ARCHITECTURAL DRAWINGS FOR EACH BUILDNG FOR MORE INFORMATION. FINISHED GRADE ELEVATIONS SHOWN ADJACENT TO BUILDINGS ARE A MINIMUM OF 8-INCHES BELOW TOP OF FOUNDATION. 9. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 10. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. KEYMAP NTS PROPOSED SPOT ELEVATION FF=FINISHED FLOOR FG=FINISHED GRADE AT EXTERIOR WALL TOW=TOP OF WALL LP=LOW POINT HP=HIGH POINT CURB & GUTTER TRANSITION T Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) 4" UNDERDRAIN INV. 5115.25 36" WATER T.O.P.=5111.2± (ASSUMED 4.5' FROM EXISTING GROUND) CONTRACTOR SHALL NOT CUT OVER EXISTING 36" WATER MAIN RAMP T T T T DRIVE-OVER CURB & GUTTER LANDSCAPE WALL TOW=5121.90 30' CROWN TRANSITION 30' CROWN TRANSITION BLOCK 1 HABITAT BUFFER (TYP.) LEVEL SPREADER WITH BIOSWALE MATERIAL 5' 30' REFER TO STRUCTURAL PLANS FOR HEADWALL DETAILS PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C4.01-C4.03_DETAILED GRADING P 2/11/2014 8:42:04 AM SME DETAILED GRADING PLAN C4.02 N/A 10' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 010'20' SCALE: 1" = 10' 5' LOT LINES / R.O.W. EASEMENT LINES CENTERLINE CURB & GUTTER LEGEND 5124 5124 PROPOSED 1' CONTOUR EXISTING 1' CONTOUR SIDEWALK CHASE STORM SEWER STORM INLET RETAINING WALL NOTES 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. SPOT ELEVATIONS SHOWN ARE TO FLOWLINE OR EDGE OF WALK UNLESS OTHERWISE NOTED. 4. ALL DISTURBED AREAS NOT PAVED SHALL BE REVEGETATED PER THE LANDSCAPE PLANS. 5. EXCEPT FOR THOSE BUILDING UNITS DESIGNATED AS "ADA UNITS", ALL UNITS ARE PROVIDED WITH A 6-INCH RISER FROM THE FRONT PATIO TO THE FIRST FLOOR FINISHED FLOOR. 6. REFER TO LANDSCAPE PLANS FOR DETAILS AND SPECIFICATIONS FOR ALL LANDSCAPE WALLS. REFER TO ARCHITECTURAL PLANS FOR DETAILS AND SPECIFICATIONS FOR STEPS AND HANDRAILS. 7. FINISHED FLOOR ELEVATIONS SHOWN ARE THE MINIMUM ELEVATIONS REQUIRED FOR PROTECTION FROM THE 100-YEAR STORM. 8. FOR BUIDLINGS 1-4 AND BUILDING 6 THE TOP OF FOUNDATION IS EQUAL TO THE FINISHED FLOOR ELEVATION AT THE FRONT OF THE BUILDING. FOR BUILDING 5 ALL TOP OF FOUNDATION ELEVATIONS AT THE PERIMETER OF THE BUILDING ARE EQUAL TO FINISHED FLOOR. REFER TO AND COORDINATE WITH THE ARCHITECTURAL DRAWINGS FOR EACH BUILDNG FOR MORE INFORMATION. FINISHED GRADE ELEVATIONS SHOWN ADJACENT TO BUILDINGS ARE A MINIMUM OF 8-INCHES BELOW TOP OF FOUNDATION. 9. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 10. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. KEYMAP NTS PROPOSED SPOT ELEVATION FF=FINISHED FLOOR FG=FINISHED GRADE AT EXTERIOR WALL TOW=TOP OF WALL LP=LOW POINT HP=HIGH POINT CURB & GUTTER TRANSITION T SCALE: 1"=5' Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. SPOT ELEVATIONS SHOWN ARE TO FLOWLINE OR EDGE OF WALK UNLESS OTHERWISE NOTED. 4. ALL DISTURBED AREAS NOT PAVED SHALL BE REVEGETATED PER THE LANDSCAPE PLANS. 5. EXCEPT FOR THOSE BUILDING UNITS DESIGNATED AS "ADA UNITS", ALL UNITS ARE PROVIDED WITH A 6-INCH RISER FROM THE FRONT PATIO TO THE FIRST FLOOR FINISHED FLOOR. 6. REFER TO LANDSCAPE PLANS FOR DETAILS AND SPECIFICATIONS FOR ALL LANDSCAPE WALLS. REFER TO ARCHITECTURAL PLANS FOR DETAILS AND SPECIFICATIONS FOR STEPS AND HANDRAILS. 7. FINISHED FLOOR ELEVATIONS SHOWN ARE THE MINIMUM ELEVATIONS REQUIRED FOR PROTECTION FROM THE 100-YEAR STORM. 8. FOR BUIDLINGS 1-4 AND BUILDING 6 THE TOP OF FOUNDATION IS EQUAL TO THE FINISHED FLOOR ELEVATION AT THE FRONT OF THE BUILDING. FOR BUILDING 5 ALL TOP OF FOUNDATION ELEVATIONS AT THE PERIMETER OF THE BUILDING ARE EQUAL TO FINISHED FLOOR. REFER TO AND COORDINATE WITH THE ARCHITECTURAL DRAWINGS FOR EACH BUILDNG FOR MORE INFORMATION. FINISHED GRADE ELEVATIONS SHOWN ADJACENT TO BUILDINGS ARE A MINIMUM OF 8-INCHES BELOW TOP OF FOUNDATION. 9. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 10. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. KEYMAP NTS PROPOSED SPOT ELEVATION FF=FINISHED FLOOR FG=FINISHED GRADE AT EXTERIOR WALL TOW=TOP OF WALL LP=LOW POINT HP=HIGH POINT CURB & GUTTER TRANSITION T Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) WEST ELIZABETH IMPROVEMENTS CURRENTLY UNDER CONSTRUCTION (SEE NOTE 2) Lot 18 Lot 19 LEVEL SPREADER WITH BIOSWALE MATERIAL PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C4.00_GRADING & EROSION.DWG 2/11/2014 8:00:36 AM SME OVERALL GRADING & EROSION CONTROL PLAN C4.00 N/A 30' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 030'60' SCALE: 1" = 30' 15' LEGEND 5124 5124 PROPOSED 1' CONTOUR EXISTING 1' CONTOUR STORM SEWER STORM INLET RETAINING WALL NOTES 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. REFER TO SHEETS C4.01-C4.04 FOR DETAILED GRADING PLANS. 4. PERMANENT REINFORCEMENT MATS (TRM) SHALL BE NORTH AMERICAN GREEN VMAX SC250 OR APPROVED EQUAL. TEMPORARY EROSION CONTROL BLANKETS (ECB) SHALL BE NORTH AMERICAN GREEN ERONET S75 OR APPROVED EQUAL. 5. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 6. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. 7. VEGETATIVE SWALES, THE BIOSWALE, AND THE SNOUT BMP SHALL BE MAINTAINED BY THE PROPERTY OWNER OR HOA AND FOLLOW APPLICABLE STANDARD OPERATING PROCEDURES AS SHOWN IN DRAINAGE REPORT FOR BELLA VIRA SUBDIVISION FILING TWO. SILT FENCE VEHICLE TRACKING CONTROL PAD RIPRAP PAD WATTLE DIKE CONCRETE WASHOUT AREA - FINAL LOCATION TO BE DETERMINED BY CONTRACTOR SLOPE PROTECTION (SEE EROSION CONTROL NOTE 5) DROP INLET PROTECTION TURF REINFORCEMENT MAT (SEE NOTE 4) BIOSWALE ROCK SOCK EROSION CONTROL BLANKETS (SEE NOTE 10) 1. THE SITE WILL BE LANDSCAPED TO FINAL STABILIZATION. SEE FINAL LANDSCAPE PLAN FOR DETAILS. 2. REFER TO SHEET C-0.1 FOR STANDARD EROSION AND SEDIMENT CONTROL CONSTRUCTION PLAN NOTES. 3. EROSION CONTROL PRACTICES, SITE PROTECTION, AND REVEGETATION METHODS SHALL FOLLOW CITY REGULATIONS. 4. IN ADDITION TO THE EROSION CONTROL MEASURES SHOWN ON THIS DRAWING, THE CONTRACTOR SHALL COORDINATE WITH, AND UPDATE AS REQUIRED, THE STORMWATER MANAGEMENT PLAN (SWMP) FOR THIS PROJECT. 5. CONTRACTOR TO TERRACE SLOPES USING A "TRACKED" VEHICLE, RUN PERPENDICULAR TO SLOPE TO INHIBIT RILL/GULLEY EROSION, CONTRACTOR MAY USE OTHER WINDROW-TYPE METHODS AS APPROVED BY ENGINEER. TYPICAL ALL SLOPES, REPEAT AS NECESSARY UNTIL LANDSCAPING IS INSTALLED. 6. ANY AREAS USED FOR STOCKPILING AND/OR STAGING SHOULD ALSO HAVE SEDIMENT AND EROSION CONTROL MEASURES AS NECESSARY. THESE AREAS SHOULD BE LOCATED AT LEAST 100' AWAY FROM DRAINAGE WAYS. THE SWMP SHOULD BE UPDATED TO SHOW THESE AREAS AND SEDIMENT AND EROSION CONTROL ITEMS. THE ITEMS MAY INCLUDE BUT ARE NOT LIMITED TO VEHICLE TRACKING CONTROL, SILT FENCE, CONSTRUCTION FENCE, CONCRETE WASHOUT, AND SEDIMENT TRAP. 7. SOIL AMENDMENTS SHALL BE INCORPORATED IN ALL LANDSCAPE AREAS TO A DEPTH OF 6" AT A RATE OF 3 CUBIC YARDS PER 1000 SQUARE FEET OF AREA -OR- 4" OF LOOSE TOPSOIL IMPORTED ONTO THE SITE OVER 4" OF LOOSENED SUBGRADE SOILS. REFER TO CITY OF FORT COLLINS CODE SECTIONS 12-130 THROUGH 12-132. 8. TEMPORARY SEEDING SHALL BE UTILIZED IN THE EVENT THAT A GRADED AREA IS EXPOSED LONGER THAN 30 DAYS. THE SITE SHALL BE SEEDED WITH 100% SMOOTH BROME AT A MINIMUM APPLICATION RATE OF 30 PLS/LBS/ACRE. 9. A COMMERCIAL FERTILIZER WITH THE FOLLOWING SPECS SHALL BE USED: Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) PROVIDE 4.5' SUMP AND INSTALL 24F SNOUT WITH BIOSKIRT (SEE NOTE 9 & DETAILS) PROPOSED 8" SANITARY STA.=10+69.52 INV.= 5121.49 2.6' PROPOSED GRADE EXISTING GROUND PROPOSED 8" WATER STA.=10+82.97 T.O.P.= 5120.79 12" MIN. CONCRETE ENCASE STORM SEWER JOINTS 10-FEET ON EITHER SIDE OF WATER CROSSING (SEE DETAILS) CONCRETE HEADWALL (SEE STRUCTURAL DETAILS) RIPRAP PAD 100-YEAR HGL PROPOSED ELEC. STA.=10+20.60 T.O.P.= 5121.2± PROPOSED ELEC. STA.=10+93.01 T.O.P.= 5123.3± APPROX. LOCATION OF EXIST. 36" WATER STA.=9+77.59 T.O.P.= 5111.3± EXISTING 12" AND 8" HDPE PIPES (SEE NOTE 10) 4.5' MIN. LEVEL SPREADER (SEE DETAILS) PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP 2/11/2014 8:41:42 AM SME STORM SEWER PLAN AND PROFILE C3.02 3' 30' 030'60' SCALE: 1" = 30' 15' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. ALL STORM SEWER CONSTRUCTION SHALL BE PER CITY OF FORT COLLINS STANDARD CONSTRUCTION SPECIFICATIONS, LATEST EDITION. 3. ALL PIPE LENGTHS ARE FROM CENTER TO CENTER OF ADJACENT STRUCTURES UNLESS OTHERWISE NOTED. 4. STORM SEWER MAINS AND ROOF LEADERS SHOWN ON THESE DRAWINGS AS HIGH DENSITY POLYETHYLENE (HDPE) SHALL BE WATERTIGHT ADS-N12 OR APPROVED EQUAL. 5. MAINTAIN 10' HORIZONTAL AND 18" VERTICAL MINIMUM SEPARATION BETWEEN ALL SANITARY SEWER & WATER MAINS & SERVICES. 6. CONTRACTOR SHALL COORDINATE EXACT LOCATIONS OF DOWNSPOUTS WITH ARCHITECTURAL PLANS. 7. CONTRACTOR SHALL CONNECT TO DOWNSPOUTS AT THE LOCATIONS INDICATED WITH A 4-INCH HDPE PIPE. CONTRACTOR SHALL BURY THE 4" HDPE ROOF LEADER A MINIMUM OF 30-INCHES DEEP, RUN THE LEADER AT A MINIMUM OF 2% SLOPE AND MAKE THE CONNECTIONS TO THE HDPE STORM SEWER. 8. ROOF DRAINS TO BE CONNECTED DIRECTLY TO PROPOSED HDPE STORM SEWER SHALL BE CONNECTED USING MANUFACTURED TEES. 9. INLET 1-2 SHALL BE INSTALLED WITH A 24F SNOUT BMP AND BIOSKIRT. SEE DETAILS FOR MORE INFORMATION. 10.CONTRACTOR SHALL FIELD VERIFY LOCATION OF EXISTING 12" AND 8" HDPE PIPES AS SHOWN PRIOR TO CONSTRUCTION AND SHALL CONCRETE ENCASE EACH PIPE 10-FEET ON EITHER SIDE OF SWALE CROSSING. 11.ALL SITE STORM SEWER AS SHOWN ON THESE DRAWINGS IS PRIVATE. 12.REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 13.LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. LOT LINES / R.O.W. EASEMENT LINES CENTERLINE LEGEND NOTES SANITARY SEWER M.H. FIRE HYDRANT STORM DRAIN PIPE SANITARY SEWER STORM DRAIN INLET STORM DRAIN M.H. WATER LINE BENDS THRUST BLOCK GATE VALVE PROPOSED UTILITIES 8" WATER LINE WATER SERVICE SANITARY SERVICE STORM DRAIN INLET MAPPING EXISTING UTILITIES WATER LINE SANITARY SEWER W SS STORM DRAIN PIPE SANITARY SEWER M.H. SANITARY SEWER M.H. INLET SCHEDULE INLET ID TYPE 1-2 10' TYPE R (SEE DETAILS) 1-4 & 1-7 15" NYLOPLAST DRAIN BASIN (OR APPROVED EQUAL (SEE DETAILS) ROOF DRAIN KEY: 4" ROOF DRAIN (SEE NOTES 6-8) Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) DEPTH = 8.33' INV. IN = 5120.35 (S) INV. OUT = 5120.25 (W) STA: 10+00.00 REMOVE PLUG & CONNECT TO EXISTING STUB INV.= 5120.47' CONTRACTOR TO CONFIRM ELEVATION & CONTACT ENGINEER OF ANY DISCREPANCIES EX. STUB 2.6' 9+50 10+00 11+00 12+00 13+00 14+00 15+75 15+00 STA:9+50.00 N=1452871.61 E=3102074.41 BEGIN SANITARY SEWER ALIGNMENT EX. MH STA:9+70.37 N=1452852.37 E=3102081.07 STA:10+00.00 REMOVE PLUG & CONNECT TO EXISTING SANITARY SEWER STUB N=1452824.37 E=3102090.76 CONTRACTOR TO VERIFY LOCATION & CONTACT ENGINEERS OF ANY DISCREPANCIES SEE NOTE #2 MH A-1 STA:10+51.93 N=1452775.29 E=3102107.76 S19°05'50.97"E 51.93' S47°23'03.92"E 185.52' MH A-2 STA:12+37.46 N=1452649.68 E=3102244.29 152° 138° S89°43'05.73"E 119.76' MH A-3 STA:13+57.21 N=1452649.09 E=3102364.04 135° N45°16'54.27"E 35.80' MH A-4 STA:13+93.01 N=1452674.27 E=3102389.48 135° N0°16'43.66"E 57.81' MH A-5 STA:14+50.82 N=1452732.09 E=3102389.76 167° N12°49'44.58"W 89.84' MH A-6 STA:15+40.66 N=1452819.69 E=3102369.81 STA:15+75.00 N=1452853.16 E=3102362.18 END SANITARY SEWER ALIGNMENT 10' WATERLINE EASEMENT 75' UNITED STATES EASEMENT LOT 25 LOT 24 LOT 23 LOT 22 LOT 1 LOT 2 LOT 3 LOT 7 LOT 6 LOT 5 LOT 4 LOT 12 LOT 8 LOT 11 LOT 13 LOT 15 LOT 14 LOT 16 LOT 17 LOT 10 LOT 9 BLOCK 1 LOT 21 LOT 20 BLOCK 1 LOT 18 LOT 19 SANITARY CLEANOUT (TYP.) 20' UTILITY EASEMENT SANITARY SERVICE TABLE BLOCK# -LOT# 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 STATION 15+35.66 15+19.51 14+61.13 14+41.20 13+98.63 13+90.06 13+57.21 13+40.21 13+25.72 12+63.68 OFFSET 26.60, R 27.71, R 24.32, R 21.21, R 15.21, R 32.95, R 45.03, R 36.09, R 31.10, R 33.10, R SANITARY SERVICE TABLE BLOCK# -LOT# 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 STATION 12+53.68 11+93.94 11+84.11 11+19.72 10+81.05 10+59.95 10+25.89 11+04.24 11+22.64 11+81.03 OFFSET 31.10, R 23.90, R 23.90, R 23.99, R 20.29, R 17.07, R 35.25, R -33.26, L -35.28, L -35.34, L SANITARY SERVICE TABLE BLOCK# -LOT# 1-21 1-22 1-23 1-24 1-25 STATION 11+96.94 14+22.13 14+38.20 15+09.52 15+29.52 OFFSET -34.35, L -37.00, L -35.00, L -35.79, L -42.06, L PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C3.01_SANITARY P&P.DWG 2/11/2014 8:08:32 AM SME SANITARY SEWER PLAN & PROFILE C3.01 3' 30' 030'60' SCALE: 1" = 30' 15' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. MAINTAIN 10' HORIZONTAL AND 18" VERTICAL MINIMUM SEPARATION BETWEEN ALL SANITARY SEWER & WATER MAINS & SERVICES. SHOULD THE WATER LINE CROSS UNDER EITHER STORM DRAIN OR SANITARY SEWER, THE STORM OR SANITARY SHALL BE CONCRETE ENCASED FOR 10' ON EITHER SIDE OF THE CROSSING. 4. SANITARY SEWER AND SERVICES SHALL BE SDR-35 PVC. 5. REFER TO THE UTILITY PLAN (SHEET C3.00) FOR INFORMATION REGARDING WATERLINE CONSTRUCTION. 6. REFER TO THE STORM SEWER PLAN AND PROFILE (SHEET C3.02) FOR INFORMATION REGARDING STORM SEWER CONSTRUCTION. 7. SANITARY SERVICE TABLE INFORMATION IS TO CENTER OF CLEANOUT. LOT LINES / R.O.W. EASEMENT LINES CENTERLINE LEGEND NOTES SANITARY SEWER M.H. FIRE HYDRANT STORM DRAIN PIPE SANITARY SEWER STORM DRAIN INLET STORM DRAIN M.H. WATER LINE BENDS THRUST BLOCK GATE VALVE PROPOSED UTILITIES 8" WATER LINE WATER SERVICE SANITARY SERVICE STORM DRAIN INLET MAPPING EXISTING UTILITIES WATER LINE SANITARY SEWER W SS STORM DRAIN PIPE SANITARY SEWER M.H. SANITARY SEWER M.H. LIGHT POLE Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) STORM SEWER CROSSING STORM SEWER INV.=5118.23 TOP WATER=5120.79 STORM SEWER (SEE STORM SEWER PLAN & PROFILE C3.02) 10' WATERLINE EASEMENT 75' UNITED STATES EASEMENT 4" UNDER DRAIN (SEE DETAILED GRADING PLAN) LIMITS OF DISTURBED AREA LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 LOT 20 LOT 7 LOT 1 LOT 2 LOT 6 LOT 5 LOT 4 LOT 3 LOT 12 LOT 8 LOT 11 LOT 13 LOT 15 LOT 14 LOT 16 LOT 17 LOT 10 LOT 9 BLOCK 1 BLOCK 1 LOT 18 LOT 19 WATER CURB STOP (TYP.) 20' UTILITY EASEMENT HABITAT BUFFER (TYP.) EXISTING 12" HDPE DRAIN PIPE EXISTING 8" HDPE DRAIN PIPE REMOVE PLUG & CONNECT TO EXISTING SANITARY SEWER STUB (SEE SANITARY SEWER PLAN & PROFILE C3.01) TRACT C CITY REGIONAL DETENTION POND LEVEL SPREADER WITH BIOSWALE MATERIAL WATER SERVICE TABLE BLOCK# -LOT# 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 NORTHING 1452833.71 1452783.67 1452754.94 1452713.33 1452689.83 1452658.87 1452636.98 1452631.35 1452628.88 1452627.41 EASTING 3102381.22 3102399.83 3102398.64 3102403.00 3102402.89 3102394.68 3102388.07 3102360.12 3102322.45 3102286.04 WATER SERVICE TABLE BLOCK# -LOT# 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 NORTHING 1452633.90 1452658.93 1452683.58 1452705.32 1452734.15 1452770.69 1452807.70 1452775.55 1452734.70 1452724.82 EASTING 3102242.33 3102212.79 3102179.77 3102157.60 3102127.44 3102094.21 3102076.53 3102153.69 3102196.27 3102207.05 WATER SERVICE TABLE BLOCK# -LOT# 1-21 1-22 1-23 1-24 1-25 NORTHING 1452685.17 1452693.51 1452733.35 1452768.73 1452819.75 EASTING 3102240.96 3102366.24 3102365.35 3102353.54 3102345.05 PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C3.00_UTILITY PLAN.DWG 2/11/2014 8:02:14 AM SME UTILITY PLAN C3.00 N/A 20' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 1. EXISTING UNDERGROUND AND OVERHEAD PUBLIC AND PRIVATE UTILITIES AS SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. MINIMUM DEPTH OF COVER OVER WATER MAINS SHALL BE 4.5'. 4. MAINTAIN 10' HORIZONTAL AND 18" VERTICAL MINIMUM SEPARATION BETWEEN ALL SANITARY SEWER & WATER MAINS & SERVICES. SHOULD THE WATER LINE CROSS UNDER EITHER STORM DRAIN OR SANITARY SEWER, THE STORM OR SANITARY SHALL BE CONCRETE ENCASED FOR 10' ON EITHER SIDE OF THE CROSSING. 5. REFER TO APPROVED SITE ELECTRICAL PLANS FOR ALL SITE LIGHTING AS SHOWN ON THIS DRAWING. 6. THE DRY UTILITIES ARE SHOWN FOR LOCATION AND INTENT ONLY. THE CONTRACTOR SHALL COORDINATE THE FINAL DESIGN OF THE DRY UTILITIES WITH THE UTILITY PROVIDERS. 7. WATER MAINS SHALL BE AWWA C-900 PVC. WATER SERVICES SHALL BE 3/4" TYPE K COPPER. 8. WATER FITTINGS AND VALVES ARE ONLY GRAPHICALLY REPRESENTED AND ARE NOT TO SCALE. 9. WATER SERVICE TABLE INFORMATION IS TO CENTER OF CURB STOP. 10.WATER METERS TO BE INTERNAL TO EACH UNIT. 11.REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 12.LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. LOT LINES / R.O.W. EASEMENT LINES CENTERLINE LEGEND NOTES SANITARY SEWER M.H. FIRE HYDRANT STORM DRAIN PIPE SANITARY SEWER STORM DRAIN INLET STORM DRAIN M.H. WATER LINE BENDS THRUST BLOCK GATE VALVE PROPOSED UTILITIES 8" WATER LINE WATER SERVICE SANITARY SERVICE STORM DRAIN INLET MAPPING EXISTING UTILITIES WATER LINE SANITARY SEWER W SS STORM DRAIN PIPE SANITARY SEWER M.H. SANITARY SEWER M.H. GAS LINE ELECTRIC LINE LIGHT POLE 020'40' SCALE: 1" = 20' 10' Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) MAILBOX PAD 2- CURB CUT & SIDEWALK CHASE 2- CURB CUT & SIDEWALK CHASE DRIVE-OVER CURB & GUTTER EDGE OF ACCESS, PEDESTRIAN ACCESS, UTILITY AND DRAINAGE EASEMENT (TYP.) LOT LINE (TYP.) LOT LINE (TYP.) LOT LINE (TYP.) BIOSWALE WITH UNDERDRAIN (SEE DETAILED GRADING PLAN) PROPERTY BOUNDARY (TYP.) PROPERTY BOUNDARY (TYP.) EDGE OF ACCESS, PEDESTRIAN ACCESS, UTILITY AND DRAINAGE EASEMENT (TYP.) WEST ELIZABETH IMPROVEMENTS CURRENTLY UNDER CONSTRUCTION (SEE NOTE 2) OVERLAND TRAIL WIDENING IMPROVEMENTS CURRENTLY UNDER CONSTRUCTION (SEE NOTE 2) EDGE OF ACCESS, PEDESTRIAN ACCESS, UTILITY AND DRAINAGE EASEMENT (TYP.) REAR PATIO OR DECK (TYP.) (SEE ARCH. PLANS) LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) LANDSCAPE WALL (SEE NOTE 4) 4 INLET (SEE SHEET C3.02) SEE SHEET C5.0 FOR STREET PLAN & PROFILE 13.65' 15.02' 15.89' 28.54' 28.54' 43.22' 14.94' 35.75' 35.84' 36.12' 67.59' EXISTING 20' E.A.E. 16' EP-EP 10' EXISTING 20' UTILITY ESMT. EXISTING 10' WATERLINE ESMT. 5' EXIST. 15' U.E. EXISTING 75' UNITED STATES ESMT. 107.5' PUBLIC RIGHT-OF-WAY EXIST. 9' UTILITY ESMT. EXIST. 9' UTIL. ESMT. 51' PUBLIC RIGHT-OF-WAY 12' CONCRETE PAN 7.17' 18' PKG TO EP 10' 10' 16' EP-EP R37' INLET (SEE SHEET C3.02) INLET (SEE SHEET C3.02) 3.75' SIDEWALK 3.75' SIDEWALK 3.75' SIDEWALK 3.75' SIDEWALK DIRVE-OVER CURB & GUTTER DIRVE-OVER CURB & GUTTER VERTICAL CURB & GUTTER VERTICAL CURB & GUTTER VERTICAL CURB & GUTTER VERTICAL CURB & GUTTER VERTICAL CURB & GUTTER VERTICAL CURB & GUTTER EXIST. 20' E.A.E T T T T T T T T T T T T T T T T 4 4 4 4 4 4 HEADWALL (SEE STRUCTURAL PLANS) T T LANDSCAPE WALL (SEE NOTE 4) BUILDING 4 BUILDING 3 BUILDING 2 BUILDING 1 BUILDING 5 BUILDING 6 BLOCK 1 BLOCK 1 (ADA UNIT) (ADA UNIT) (ADA UNIT) (ADA UNIT) Lot 18 Lot 19 HABITAT BUFFER (TYP.) PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C2.00_HORIZONTAL CONTROL PLA 2/11/2014 8:41:32 AM SME HORIZONTAL CONTROL AND SIGNING & STRIPING PLAN C2.00 N/A 20' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 1. FOR BUILDING LAYOUT REFERENCE ARCHITECTURAL PLANS. LAYOUT AND DIMENSION INFORMATION SHOWN REPRESENTS OUTSIDE FACE OF WALL AND IS SHOWN FOR INFORMATION ONLY. 2. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 3. NOTE THAT SIDEWALKS ALONG OVERLAND TRAIL AND WEST ELIZABETH STREET ADJACENT TO THE SITE ARE BEING INSTALLED WITH PHASE I OF BELLA VIRA SUBDIVISION BY OTHERS. 4. ALL DIMENSIONS AND LINE AND CURVE INFORMATION ARE MEASURED TO CURB FLOW LINE OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 5. CONTRACTOR SHALL REFER TO AND COORDINATE WITH THE APPROVED LANDSCAPE DRAWINGS FOR ALL LANDSCAPE AND SITE FEATURES SUCH AS LANDSCAPE WALLS, SEEDING/SOD, LANDSCAPE ROCK AND MULCH, ETC. 6. SEE SOILS REPORT FOR PAVEMENT AND SUBGRADE PREPARATION, DESIGN AND RECOMMENDATIONS. 7. CONCRETE SIDEWALKS ADJACENT TO BELLA VITA WAY AND SABATINO WAY SHALL BE 6-INCH MINIMUM THICKNESS OR AS REQUIRED PER RECOMMENDATIONS FROM THE GEOTECHNICAL ENGINEER TO SUPPORT A 40-TON VEHICLE. 8. ALL SIGNAGE SHALL BE PER CITY OF FORT COLLINS STANDARDS AND THESE PLANS OR AS OTHERWISE SPECIFIED IN MUTCD. 9. EPOXY APPLICATIONS SHALL BE APPLIED AS SPECIFIED IN CDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. 10. ALL SURFACES SHALL BE THOROUGHLY CLEANED PRIOR TO INSTALLATION OF STRIPING OR MARKINGS. 11. THE DEVELOPER INSTALLING SIGNS SHALL BE RESPONSIBLE FOR LOCATING AND PROTECTING ALL UNDERGROUND UTILITIES. 12. SPECIAL CARE SHALL BE TAKEN IN SIGN LOCATION TO ENSURE AN UNOBSTRUCTED VIEW OF EACH SIGN. 13. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 14. LANDSCAPING WITHIN THE HABITAT BUFFER ZONE SHALL CONSIST OF NATIVE MATERIALS. REFER TO THE LANDSCAPE PLANS. LOT LINES / R.O.W. EASEMENT LINES CENTERLINE LEGEND NOTES 1 "STOP" SIGN (R1-1) 2 "NO PARKING-FIRE LANE" SIGN 3 4" SOLID WHITE LINE CONCRETE PAVEMENT OR SIDEWALK ASPHALT PAVEMENT CURB & GUTTER CURB & GUTTER TRANSITION T 4 PAINT CURB RED REAR PATIO OR DECK (SEE ARCH. PLANS) 020'40' SCALE: 1" = 20' 10' Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) OVERHEAD ELECTRIC EXISTING 42" WATERLINE EXISTING 20" WATERLINE EXISTING 60" WATERLINE EXISTING ELECTRIC VAULTS EXISTING 20' E.A.E. APPROXIMATE LIMITS OF DISTURBANCE (TYP.) / / / / / / / / / / / / / / / / / / / / / / / / / / / / 15' PLEASANT VALLEY AND LAKE CANAL ESMT. PROPERTY BOUNDARY (TYP.) HABITAT BUFFER (TYP.) / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ABANDON/REMOVE EXISTING WATER SERVICE (SEE NOTE 4) PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com NONE KEVIN D:\DROPBOX\PROJECTS\U13012 BELLA VIRA\CADD\CP C1.00_EXISTING INFORMATION.DW 2/11/2014 8:41:29 AM SME EXISTING INFORMATION PLAN C1.00 N/A 30' CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: 030'60' SCALE: 1" = 30' 15' 1. EXISTING INFORMATION AS SHOWN ON THIS PLAN IS PER DESIGN INFORMATION PROVIDED BY JIM SELL DESIGN AS SHOWN IN THE PHASE 1 CONSTRUCTION PLANS ENTITLED "BELLA VIRA SUBDIVISION" AND DATED DECEMBER 7, 2007. AT THE TIME OF THIS SUBMITTAL, CONSTRUCTION OF THE PHASE 1 BELLA VIRA IMPROVEMENTS IS NOT YET COMPLETE. CONTRACTOR SHALL FIELD VERIFY ACTUAL CONDITIONS AT ALL INTERFACES WITH PHASE 1 IMPROVEMENTS PRIOR TO THE COMMENCEMENT OF FILING 2 CONSTRUCTION. 2. CONTRACTOR SHALL COORDINATE ALL CONSTRUCTION ITEMS IMPACTING ADJACENT PROPERTIES WITH THE PROPERTY OWNERS TO BEGINNING ANY CONSTRUCTION ACTIVITIES. 3. REFER TO SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE HABITAT BUFFER ZONE. 4. THE LOCATION OF THE EXISTING WATER SERVICE AS SHOWN ON THIS DRAWING IS APPROXIMATE. THE CONTRACTOR SHALL HAVE THE SERVICE LOCATED AND SHALL REMOVE/ABANDON THE SERVICE PER FORT COLLINS-LOVELAND WATER DISTRICT STANDARDS (LATEST EDITION.) LEGEND NOTES LOT LINES / R.O.W. EASEMENT LINES CENTERLINE MAPPING CURB AND GUTTER INTERMEDIATE CONTOUR INDEX CONTOUR EXISTING UTILITIES WATER LINE SANITARY SEWER W SS STORM DRAIN PIPE SANITARY SEWER M.H. STORM SEWER M.H. WATER VALVE FIRE HYDRANT LIGHT POLE WATER / SANITARY PLUG WATER METER WATER VAULT FENCE PROPERTY BOUNDARY Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) engineer's work, for any errors and omissions contained in these plans, and approval of these plans by the local entity engineer shall not relieve the engineer who has prepared these plans of all such responsibility. Further, to the extent permitted by law, the engineer hereby agrees to hold harmless and indemnify the local entity, and its officers and employees, from and against all liabilities, claims, and demands which may arise from any errors and omissions contained in these plans. 5. All sanitary sewer, storm sewer, and water line construction, as well as power and other "dry" utility installations, shall conform to the local entity standards and specifications current at the date of approval of the plans by the local entity engineer. 6. The type, size, location and number of all known underground utilities are approximate when shown on the drawings. It shall be the responsibility of the developer to verify the existence and location of all underground utilities along the route of the work before commencing new construction. The developer shall be responsible for unknown underground utilities. 7. The developer shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987, at least 2 working days prior to beginning excavation or grading, to have all registered utility locations marked. Other unregistered utility entities (i.e. ditch / irrigation company) are to be located by contacting the respective representative. Utility service laterals are also to be located prior to beginning excavation or grading. It shall be the responsibility of the developer to relocate all existing utilities that conflict with the proposed improvements shown on these plans. 8. The developer shall be responsible for protecting all utilities during construction and for coordinating with the appropriate utility company for any utility crossings required. 9. If a conflict exists between existing and proposed utilities and/or a design modification is required, the developer shall coordinate with the engineer to modify the design. Design modification(s) must be approved by the local entity prior to beginning construction. 10. The developer shall coordinate and cooperate with the local entity, and all utility companies involved, to assure that the work is accomplished in a timely fashion and with a minimum disruption of service. The developer shall be responsible for contacting, in advance, all parties affected by any disruption of any utility service as well as the utility companies. 11. No work may commence within any public storm water until the developer notifies the utility provider. Notification shall be a minimum of 2 working days prior to commencement of any work. At the discretion of the water utility provider, a pre-construction meeting may be required prior to commencement of any work. 12. The developer shall sequence installation of utilities in such a manner as to minimize potential utility conflicts. In general, storm sewer and sanitary sewer should be constructed prior to installation of the water lines and dry utilities. 13. The minimum cover over water lines is 4.5 feet and the maximum cover is 5.5 feet unless otherwise noted in the plans and approved by the water utility. 14. A state construction dewatering wastewater discharge permit is required if dewatering is required in order to install utilities or water is discharged into a storm sewer, channel, irrigation ditch or any waters of the united states. 15. The developer shall comply with all terms and conditions of the Colorado Permit for Storm Water Discharge (contact Colorado Department of Health, Water Quality Control Division, (303) 692-3590), the storm water management plan, and the erosion control plan. 16. The local entity shall not be responsible for the maintenance of storm drainage facilities located on private property. Maintenance of onsite drainage facilities shall be the responsibility of the property owner(s). 17. Prior to final inspection and acceptance by the local entity, certification of the drainage facilities, by a registered engineer, must be submitted to and approved by the storm water utility department. Certification shall be submitted to the storm water utility department at least two weeks prior to the release of a certificate of occupancy for single family units. For commercial properties, certification shall be submitted to the Storm Water Utility Department at least two weeks prior to the release of any building permits in excess of those allowed prior to certification per the development agreement. 18. The local entity including but not limited to South Fort Collins Sanitation District and Fort Collins-Loveland Water District shall not be responsible for any damages or injuries sustained in this development as a result of groundwater seepage, whether resulting from groundwater flooding, structural damage or other damage unless such damage or injuries are sustained as a result of the local entity failure to properly maintain its water, wastewater, and/or storm drainage facilities in the development. 19. All recommendations of the final drainage and erosion control study shall be followed and implemented. 20. Temporary erosion control during construction shall be provided as shown on the erosion control plan. All erosion control measures shall be maintained in good repair by the developer, until such time as the entire disturbed areas is stabilized with hard surface or landscaping. 21. The developer shall be responsible for insuring that no mud or debris shall be tracked onto the existing public street system. Mud and debris must be removed within 24 hours by an appropriate mechanical method (i.e. machine broom sweep, light duty front-end loader, etc.) or as approved by the local entity street inspector. 22. No work may commence within any improved or unimproved public right-of-way until a right-of-way permit or development construction permit is obtained, if applicable. 23. The developer shall be responsible for obtaining all necessary permits for all applicable agencies prior to commencement of construction. The developer shall notify the local entity engineering inspector (Fort Collins - 221-6605) and the local entity erosion control inspector (Fort Collins - 221-6700) at least 2 working days prior to the start of any earth disturbing activity, or construction on any and all public improvements. If the local entity engineer is not available after proper notice of construction activity has been provided, the developer may commence work in the engineers absence. However, the local entity reserves the right not to accept the improvement if subsequent testing reveals an improper installation 24. The developer shall be responsible for obtaining soils tests within the public right-of-way after right-of-way grading and all utility trench work is complete and prior to the placement of curb, gutter, sidewalk and pavement. If the final soils/pavement design report does not correspond with the results of the original geotechnical report, the developer shall be responsible for a re-design of the subject pavement section or, the developer may use the local entity's default pavement thickness section(s). Regardless of the option used, all final soils/pavement design reports shall be prepared by a licensed professional engineer. The final report shall be submitted to the inspector a minimum of 10 working days prior to placement of base and asphalt. Placement of curb, gutter, sidewalk, base and asphalt shall not occur until the local entity engineer approves the final report. 25. The contractor shall hire a licensed engineer or land surveyor to survey the constructed elevations of the street subgrade and the gutter flowline at all intersections, inlets, and other locations requested by the local entity inspector. The engineer or surveyor must certify in a letter to the local entity that these elevations conform to the approved plans and specifications. Any deviations shall be noted in the letter and then resolved with the local entity before installation of base course or asphalt will be allowed on the streets. 26. All utility installations within or across the roadbed of new residential roads must be completed prior to the final stages of road construction. For the purposes of these standards, any work except c/g above the subgrade is considered final stage work. All service lines must be stubbed to the property lines and marked so as to reduce the excavation necessary for building connections. 27. Portions of Larimer County are within overlay districts. The Larimer County floodplain resolution should be referred to for additional criteria for roads within these districts. 28. All road construction in areas designated as wild fire hazard areas shall be done in accordance with the construction criteria as established in the wild fire hazard area mitigation regulations in force at the time of final plat approval. 29. Prior to the commencement of any construction, the contractor shall contact the local entity forester to schedule a site inspection for any tree removal requiring a permit. 30. The developer shall be responsible for all aspects of safety including, but not limited to, excavation, trenching, shoring, traffic control, and security. Refer to OSHA Publication 2226, Excavating and Trenching. 31. The developer shall submit a construction traffic control plan, in accordance with MUTCD, to the appropriate right-of-way authority. (local entity, county or state), for approval, prior to any construction activities within, or affecting, the right-of-way. The developer shall be responsible for providing any and all traffic control devices as may be required by the construction activities. 32. Prior to the commencement of any construction that will affect traffic signs of any type, the contractor shall contact local entity traffic operations department, who will temporarily remove or relocate the sign at no cost to the contractor; however, if the contractor moves the traffic sign then the contractor will be charged for the labor, materials and equipment to reinstall the sign as needed. 33. The developer is responsible for all costs for the initial installation of traffic signing and striping for the development related to the development's local street operations. In addition, the developer is responsible for all costs for traffic signing and striping related to directing traffic access to and from the development. 34. There shall be no site construction activities on Saturdays, unless specifically approved by the local entity engineer, and no site construction activities on Sundays or holidays, unless there is prior written approval by the local entity. 35. The developer is responsible for providing all labor and materials necessary for the completion of the intended improvements, shown on these drawings, or designated to be provided, installed, or constructed, unless specifically noted otherwise. 36. Dimensions for layout and construction are not to be scaled from any drawing. If pertinent dimensions are not shown, contact the designer for clarification, and annotate the dimension on the as-built record drawings. 37. The developer shall have, onsite at all times, one (1) signed copy of the approved plans, one (1) copy of the appropriate standards and specifications, and a copy of any permits and extension agreements needed for the job. 38. If, during the construction process, conditions are encountered which could indicate a situation that is not identified in the plans or specifications, the developer shall contact the designer and the local entity engineer immediately. 39. The developer shall be responsible for recording as-built information on a set of record drawings kept on the construction site, and available to the local entity's inspector at all times. Upon completion of the work, the contractor(s) shall submit record drawings to the local entity engineer. 40. The designer shall provide, in this location on the plan, the location and description of the nearest survey benchmarks (2) for the project as well as the basis of bearings. The information shall be as follows: CITY OF FORT COLLINS 22-97 ON A MANHOLE BASE NEAR THE WEST RIGHT OF WAY OF OVERLAND TRAIL AND WEST ELIZABETH ST. ELEVATION=5138.68 (CITY OF FORT COLLINS-NGVD 1929 DATUM UNADJUSTED) CITY OF FORT COLLINS 32-92 NORTHEAST CORNER OF LAKE ST. AND OVERLAND TRAIL, IN EAST HEADWALL BRIDGE OVER PLEASANT VALLEY AND LAKE CANAL. ELEVATION=5116.24 (CITY OF FORT COLLINS-NGVD 1929 DATUM UNADJUSTED) ASSUMING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 17, T.7N., R.69W., AS BEARING N00°16'54"E BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2007, A DISTANCE OF 2636.54 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 41. All stationing is based on centerline of roadways unless otherwise noted. 42. Damaged curb, gutter and sidewalk existing prior to construction, as well as existing fences, trees, streets, sidewalks, curbs and gutters, landscaping, structures, and improvements destroyed, damaged or removed due to construction of this project, shall be replaced or restored in like kind at the developer's expense, unless otherwise indicated on these plans, prior to the acceptance of completed improvements and/or prior to the issuance of the first certificate of occupancy. 43. When an existing asphalt street must be cut, the street must be restored to a condition equal to or better than its original condition. The existing street condition shall be documented by the local entity construction inspector before any cuts are made. Patching shall be done in accordance with the local entity street repair standards. The finished patch shall blend in smoothly into the existing surface. All large patches shall be paved with an asphalt lay-down machine. In streets where more than one cut is made, an overlay of the entire street width, including the patched area, may be required. The determination of need for a complete overlay shall be made by the local entity engineer and/or the local entity inspector at the time the cuts are made. 44. Upon completion of construction, the site shall be cleaned and restored to a condition equal to, or better than, that which existed before construction, or to the grades and condition as required by these plans. 45. Standard handicap ramps are to be constructed at all curb returns and at all "T" intersections. 46. After acceptance by the local entity, public improvements depicted in these plans shall be guaranteed to be free from material and workmanship defects for a minimum period of two years from the date of acceptance. 47. The local entity shall not be responsible for the maintenance of roadway and appurtenant improvements, including storm drainage structures and pipes, for the following private streets: none. 48. Approved variances are listed as follows: -None. 1. All street construction is subject to the General Notes on the Cover Sheet of these plans as well as the street improvements notes listed here. 2. A paving section design, signed and stamped by a Colorado licensed engineer, must be submitted to the local entity engineer for approval, prior to any street construction activity, (full depth asphalt sections are not permitted at a depth greater than 8 inches of asphalt). The job mix shall be submitted for approval prior to placement of any asphalt. 3. Where proposed paving adjoins existing asphalt, the existing asphalt shall be saw cut, a minimum distance of 12 inches from the existing edge, to create a clean construction joint. The developer shall be required to remove existing pavement to a distance where a clean construction joint can be made. Wheel cuts shall not be allowed unless approved by the local entity engineer in Fort Collins. 4. Street subgrades shall be scarified the top 12 inches and re-compacted prior to subbase installation. No base material shall be laid until the subgrade has been inspected and approved by the local entity engineer. 5. Valve boxes and manholes are to be brought up to grade at the time of pavement placement or overlay. Valve box adjusting rings are not allowed. 6. When an existing asphalt street must be cut, the street must be restored to a condition equal to or better than its original condition. The existing street condition shall be documented by the inspector before any cuts are made. Cutting and patching shall be done in conformance with Chapter 25, reconstruction and repair. The finished patch shall blend smoothly into the existing surface. The determination of need for a complete overlay shall be made by the local entity engineer. All overlay work shall be coordinated with adjacent landowners such that future projects do not cut the new asphalt overlay work. 7. All traffic control devices shall be in conformance with these plans or as otherwise specified in MUTCD (including Colorado supplement) and as per the right-of-way work permit traffic control plan. 8. The developer is required to perform a gutter water flow test in the presence of the local entity inspector and prior to installation of asphalt. Gutters that hold more than inch deep or 5 feet longitudinally, of water, shall be completely removed and reconstructed to drain properly. 9. Prior to placement of H.B.P. or concrete within the street and after moisture/density tests have been taken on the subgrade material (when a full depth section is proposed) or on the subgrade and base material (when a composite section is proposed), a mechanical "proof roll" will be required. The entire subgrade and/or base material shall be rolled with a heavily loaded vehicle having a total GVW of not less than 50,000 lbs. And a single axle weight of at least 18,000 lbs. With pneumatic tires inflated to not less than 90 P.S.I.G. "proof roll" vehicles shall not travel at speeds greater than 3 m.p.h. any portion of the subgrade or base material which exhibits excessive pumping or deformation, as determined by the local entity engineer, shall be reworked, replaced or otherwise modified to form a smooth, non-yielding surface. The local entity engineer shall be notified at least 24 hours prior to the "proof roll." All "proof rolls" shall be performed in the presence of an inspector. 1. All signage and marking is subject to the General Notes on the Cover Sheet of these plans, as well as the traffic signing and marking construction notes listed here. 2. All symbols, including arrows, ONLY's, crosswalks, stop bars, etc. shall be preformed thermoplastic. 3. All signage shall be per local entity standards and these plans or as otherwise specified in MUTCD. 4. All lane lines for asphalt pavement shall receive two coats of latex paint with glass beads. 5. All lane lines for concrete pavement should be epoxy paint. 6. Prior to permanent installation of traffic striping and symbols, the developer shall place temporary tabs or tape depicting alignment and placement of the same. Their placement shall be approved by the City of Fort Collins Traffic Engineer prior to permanent installation of striping and symbols. 7. Preformed thermoplastic applications shall be as specified in these plans and/or these standards. 8. Epoxy applications shall be applied as specified in CDOT standard specifications for road and bridge construction. 9. All surfaces shall be thoroughly cleaned prior to installation of striping or markings. 10. All sign posts shall utilize break-away assemblies and fasteners per the standards. 11. A field inspection of location and installation of all signs shall be performed by the City of Fort Collins Traffic Engineer . All discrepancies identified during the field inspection must be corrected before the two year warranty period will begin. GENERAL AND CONSTRUCTION NOTES C0.01 CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com Packet Pg. PROJECT TEAM PROJECT COORDINATES CITY OF FORT COLLINS 22-97 ON A MANHOLE BASE NEAR THE WEST RIGHT OF WAY OF OVERLAND TRAIL AND WEST ELIZABETH ST. ELEVATION=5138.68 (CITY OF FORT COLLINS-NGVD 1929 DATUM UNADJUSTED) CITY OF FORT COLLINS 32-92 NORTHEAST CORNER OF LAKE ST. AND OVERLAND TRAIL, IN EAST HEADWALL BRIDGE OVER PLEASANT VALLEY AND LAKE CANAL. ELEVATION=5116.24 (CITY OF FORT COLLINS-NGVD 1929 DATUM UNADJUSTED) ASSUMING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 17, T.7N., R.69W., AS BEARING N00°16'54"E BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2007, A DISTANCE OF 2636.54 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 1. ALL PROJECT CONTROL LISTED HEREON IS PROVIDED AS A COURTESY. IT IS THE RESPONSIBILITY OF THE RECIPIENT TO VERIFY THE ACCURACY OF THE COORDINATES AND ELEVATIONS SHOWN PRIOR TO USING THEM FOR ANY PURPOSES. Water/Wastewater City of Fort Collins Utilities Roger Buffington (970) 221-6854 Stormwater City of Fort Collins Utilities Glen Schlueter (970) 221-6700 Power City of Fort Collins Light & Power Doug Martine (970) 224-6152 Natural Gas Xcel Energy Stephanie Rich (970) 225-7828 Telecom Centurylink Bill Johnson (970) 377-6401 Cable Comcast Don Kapperman (970) 567-0245 Note: All utility providers listed hereon is provided as a courtesy. It is the responsibility of the recipient to verify the accuracy and completeness of the information shown. UTILITY PROVIDERS PREPARED FOR: DATE SUBMITTED: The engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the preparer of these plans. CAUTION BELLA VIRA TOWNHOMES INC. 02/12/2014 BELLA VIRA SUBDIVISION FILING TWO 26 U13012 PRELIMINARY PLANS NOT FOR CONSTRUCTION Civil Engineering & Consulting 1501 Academy Court, Suite 203 Fort Collins, CO 80524 (970) 530-4044 www.unitedcivil.com & &29(56+((7 & *(1(5$/$1'&216758&7,21127(6 3/$7 )255()(5(1&(21/< & (;,67,1*,1)250$7,213/$1 & +25,=217$/&21752/$1'6,*1,1* 675,3,1*3/$1 & 87,/,7<3/$1 & 6$1,7$5<6(:(53/$1 352),/( & 672506(:(53/$1 352),/( & 29(5$//*5$',1*$1'(526,21&21752/3/$1 && '(7$,/('*5$',1*3/$16 & %(//$9,7$:$< 6$%$7,12/$1(&(17(5/,1(3/$1 352),/( & '5$,1$*(3/$1 && &216758&7,21'(7$,/6 6  6758&785$/$%%5(9,$7,216'(7$,/5()(5(1&(.(< /$36 6 *(1(5$/6758&785$/127(6 6 +($':$//:,1*:$//3/$1 '(7$,/6 SHEET INDEX CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: CHECKED BY: APPROVED: CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL UTILITY NOTIFICATION CENTER OF COLORADO .QRZZKDW V R Mr. Terry W. Farrill, P.E., District Engineer Mr. Michael D. DiTullio, Manager Date Date All changes, addendum, additions, deletions and modifications to these drawings must be approved in writing, by the Fort Collins - Loveland Water District and the South Fort Collins Sanitation District. Packet Pg. (3) PAH (2) PO (3) PO HHR HHR EP SN EP SN SN EP HHR EP EP SN HHR SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W W W W W W W W W W W W W W W SABATINO LANE (3) EFE (6) BMK (3) EFE (3) EFE (6) BMK (3) EFE W W W (3) CA (3) PO W W W W W B U I L D I N G F O O T P R I N T # 1 1 Scale: 1" = 20 ft DECK DECK DECK DECK DECK DECK CONC. WALK RETAINING WALL RETAINING WALL DRIVEWAY DRIVEWAY DRIVEWAY CONC. WALK DRIVEWAY DRIVEWAY DRIVEWAY G G G G G G G G G G G G G G G G G PLANTING PLAN E E E E E E (3) CA JSC (7) PFG (5) SBG (4) (5) EA (3) CPS (3) PO (3) RWP (5) PFG (4) RWP (3) BTC (6) JSC (1) RFC (3) CPS (3) EA (3) BTC (4) EA (3) CPS (3) PFG (4) BMK (3) CA (3) BTC (3) CPS (3) CC (4)PB (3) CA (4) BMK (4) EA (2) RFC (4) PO (3) RWP HHR (3) CC (4) EF RWP (3 PAH (3 (3) PO (1) RFC (3) PO (4) BTC (3) CA (3) PFG (6) JSC (3) CA (5) BTC (3) BMK SN HHR HHR HHR HHR SN BELLA VITA WAY SS SS SS SS SS SS SS SS SN SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W W W W (6) RT (3) AA W W (4) EF HHR W SS SS SS W W SS SS SS W W B U I L D I N G F O O T P R I N T # 2 2 Scale: 1" = 20 ft RETAINING WALL DECK DECK DECK DECK DECK RETAINING WALL DRIVEWAY DRIVEWAY DRIVEWAY CONC. WALK DRIVEWAY DRIVEWAY G G G G G G G G G G G G G G JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWN HOMES FORT COLLINS, CO 13116 FEB. 12, 2014 DWL/CGL DWL E (5) PAH (3) CPS (4) EA (2) CC (4) CPS (5) JSC (5) CA (4) (4) SBG (4) PO (2) PO (4) RFC (3) SBG (3) PFG (4) CA (6) JSC (6) RWP CPS CPS (3) (4) EA (4) RFC (4) CA (3) PAH (4) RWP (9) CC SN HHR EP EP SN EP SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W RETAINING WALL DECK DECK DECK DECK PLANTING PLAN B U I L D I N G F O O T P R I N T # 3 3 Scale: 1" = 20 ft DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY CONC. WALK G G G G G G G G G G G G E E E E EEEEEEEEE (3) PO (3) RWP (3) PO (2) RFC (3) EA (2) RFC (3) PFG (4) BMK (3) CA (3) CA (3) EF (3) BMK (3) BTC (3) PFG (3) CPS (3) CC (3) EA (2) RFC (3) CPS SN HHR SS SS SS SS SS SS SS SS SS W W W W W (4) EF W DECK DECK PLANTING PLAN B U I L D I N G F O O T P R I N T # 4 4 Scale: 1" = 20 ft DRIVEWAY DRIVEWAY CONC. WALK G G G G G G G E E E E E E E (3) EFE (2) RFC (3) PO (3) RWP (3) PO (3) PFG (3) PFG (3) CC (3) CA (3) BTC (4) BMK (2) TO (2) TO (4) BMK (4) TO (5) EFE (4) CA (4) SBG (3) CA (4) CC EA HHR HHR HHR EP HHR (4) CA (3) CA (3) PAH (7) JSC (3) BTC C (3) SBG (7) JSC (3) PFG (6) RWP (3) PB (3) PFG (3) CA (3) PAH (2) PO (3)RFC (3) RWP (3) PO SN HHR HHR HHR SS SS SS SS SS ss SS SS SS SS W W W W (3)PFG SS SS SS W W W W SN RETAINING WALL DECK DECK DECK DECK DRIVEWAY CONC. WALK DRIVEWAY PLANTING PLAN B U I L D I N G F O O T P R I N T # 5 5 Scale: 1" = 20 ft DRIVEWAY DRIVEWAY CONC. WALK G G G G G G G G G G (6) JSC (6) JC (3) CA (3) PO PLANTING PLAN E N T R Y F E A T U R E 7 Scale: 1" = 10 ft PLANTING PLAN HHR (3) EN (6) RT (3) AA (9) ATS (3) RT (4) RT (6) AA (3) EN (5) PSA (3) AA B U F F E R Z O N E / B I O - S W A L E 8 Scale: 1" = 20 ft NATIVE PRAIRIE MIX SEE L-2 FOR SEED MIX BIO-SWALE SEEDED WITH NATIVE PRAIRIE MIX SEE L-2 FOR SEED MIX/SEE CIVILFOR DETAIL EXISITING COTTONWOODS LINE OF APPROXIMATE TOP OF DITCH BANK E E E E E E 5) EFE (3) EA (5) PFG (3) HA (3) BMK (2) RFC (3) HA (5) CA (3) PFG (4) JSC (3) EA (4) CPS (2) RFC (2) CPS (3) EA (1) RFC (3) PO (4) RWP (2) PO (3) PB (3) BTC (3) SBG (3) CA (6) PAH (3) BTC (2) CA HHR HHR HHR HHR HHR EP SN SN (3) RFC (2) PO (3)RFC (3) RWP PO (3) RFC (2) CPS (4) CA (6) JSC (7) BMK (3) EF (7) JSC (3) EFE (5) CA (2) PB (4) SBG EP SN SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS (2) EA W W W W W W W W W SABATINO LANE W W W DECK DECK DECK DECK CONC. WALK PLANTING PLAN B U I L D I N G F O O T P R I N T # 6 6 Scale: 1" = 20 ft RETAINING WALL RETAINING WALL DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY CONC. WALK CONC. WALK G G G G G G G G G G G LANDSCAPE PLAN DETAIL PLANS L-3 OF 3 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G E E E E E E E E E E E E E E E E E E E E E E E E E E E E E S S SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS E G G GGGG G W W W W W W W W W W W W W W W W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS G G G GGGGG G G GG GGGGGGGGGG GGGGGGGGGG GGGGGGGGGGGGGG G GGGG GGGGGGGG EEEEEEEEE CITY REGIONAL DETENTION POND TRACT C OVERLAND TRAIL FT. COLLINS-LOVELAND WATER DISTRICT BOOK 1501, PAGE 724 Lot 2 OFP Development M.L.D. W. ELIZABETH STREET STATE OF COLORADO BOARD OF AGRICULTURE -IN THE COUNTY- COLORADO STATE UNIVERSITY Lot 13 UNIT 101 LORY ANN ESTATES CONDOMINIUMS AT OVERLAND TRAIL Unit A, Bldg 5 ELIZABETH AT OVERLAND TRAIL CONDOS Unit 1 HERITAGE CONDOS 2639.77' S00°10'18"W 20' CITY OF FORT COLLINS WATER LINE EASEMENT X X X X X X X X X X X X X T P TEL OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE E W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 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W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD WEST ELIZABETH STREET 2 AG CS 1 QRS 1 1 QRS 1 MRA GTS 1 AG 1 1 PP 5 PSA BELLA VITA WAY PROPERTY BOUNDARY LEGEND CITY LIMITS PROPOSED RIGHT OF WAY PROPOSED STORM LINE PROPOSED EASEMENT/SET BACK PROPOSED LOT LINE PROPOSED CURB AND GUTTER LIMITS OF DEVELOPMENT EXISTING TELEPHONE LINE PHASE LINE PROPOSED SANITARY SERVICE LINE PROPOSED SANITARY MAIN LINE PROPOSED WATER SERVICE LINE PROPOSED WATER MAIN LINE STREET LIGHTS POST OFFICE BOX NATIVE PRAIRE SEED MIX TURF AREA PROPOSED DECIDUOUS TREES PROPOSED ORNAMENTAL TREES OHE OHE LOD LOD PROPOSED EVERGREEN TREES SS SS SS SS SS SS SS SS SS SS SS SS SS ss SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS ss W SS W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W PROPOSED ELECTRIC LINE OVERHEAD ELECTRIC SADDLE RIDGE CONDOMINIUMS SUPPLEMENT 12, PHASE 13 Unit D, Building 23 SABATINO LANE 1 GTS GTS 1 1 GTS W W W 1 AG 1 AG W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W S S SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W W W W W W W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W PROPOSED GAS LINE SWALE E E E MRA 1 MRA 1 HYDRANT BELLA VITA WAY 36.12 ' 24.17 ' 7.51 ' DE 28.33 ' DE 44.79 ' DE 22.00 ' PUE 22.24 ' PUE 21.27 ' PUE 65.25 ' 14.02 ' 59.60 ' TWO EXISTING DRAIN PIPES 30.00 ' 36.35' EXISTING WATER LINE 20' CITY OF FORT COLLINS WATER LINE EASEMENT BEARING RECEPTION NO. 85035616. PER DECREE AND PERMANENT INJUCTION AS RECORDED JUNE 21, 1993, EASEMENT PER RECEPTION NO. 93041083 TO BE USED TO DISPOSE OF RUN-OFF WATER FROM THE EQUINE CENTER IMPROVEMENTS. 35.77 ' 10' EXISTING WATERLINE EASEMENT REC. NO. 2000-0023858 36.75 ' 30.00 ' 30' PROPOSED DRAINAGE & ACCESS EASEMENT REC. NO. 20080027069 PHASE LINE 5.00 ' 5.00 ' 10.00 ' DE 23.00 ' BAY TYP. 20.00 ' FL 27.18 ' FL 20.00 ' EAE 8.00 ' PARKING PARKING PARKING PARKING PARKING PARKING PARKING POSTAL BOX PARKING 4' WALK TYP. 9.00 ' UE EXISTING WATER LINE PROPOSED STREET LIGHT 15.02 ' PROPOSED STREET LIGHT 20.00' EAE R=5' TYP. R=15' TYP. 52.22' 38.00' TYP. 15.00' UE 28.54 ' 75.00' UNITED STATES EASEMENT BOOK 914, PAGE 526 SCREEN WALL PROPERTY LINE 15.00 ' 15' PLEASANT VALLEY AND LAKE CANAL EASEMENT PROPOSED LANDSCAPE WALL 13.65 ' WAPA POWER POLE TURF TURF TURF TURF PROPERTY LINE 1 L3 BUILDING FOOTPRINT #1 PLANTING PLAN 2' COBBLE STRIP AT BACK OF BUILDINGS 2' COBBLE STRIP AT BACK OF BUILDINGS 1 L1 SCREEN WALL TYP. 7 L3 ENTRY FEATURE PLANTING PLAN PROJECT INFORMATION SIGN PHASE LINE LIMIT OF DEVEOPMENT 589.19' S 47 25' 35" E O TURF TURF 3 L3 BUILDING FOOTPRINT #3 PLANTING PLAN 2 L3 BUILDING FOOTPRINT #2 PLANTING PLAN LIMIT OF DEVELOPMENT APPROXIMATE TOP OF DITCH BANK EXISTING COTTONWOODS ALONG CANAL TO REMAIN 67.59' L A N D S C A P E P L A N 1 Scale: 1" = 30 ft STREET TREES NOT INCLUDED IN THIS SCOPE STREET TREES NOT INCLUDED IN THIS SCOPE STREET TREES NOT INCLUDED IN THIS SCOPE STREET TREES NOT INCLUDED IN THIS SCOPE NATIVE PRAIRIE MIX 8 L3 BUFFER ZONE/BIO-SWALE PLANTING PLAN 659.80' 55.68' TURF BIO-SWALE SEE CIVIL FOR DETAIL BIO-SWALE SEE CIVIL FOR DETAIL NATIVE PRAIRIE MIX NATURAL HABITAT BUFFER AREA LIMITS SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONE. NOTE: THE NATURAL HABITAT AREA IS MEANT TO BE MAINTAINED IN A NATIVE LANDSCAPE. EXISTING TREE LINE NOTES: EXISTING COTTONWOODS AND WILLOWS TO REMAIN. NO EXCAVATION ALONG DRIPLINE OF EXISTING TREES. STEM COUNT: COTTONWOODS - 20 WILLOWS - 2 RANGING IN SIZE FROM - 3-18" CONDITION: FAIR TO POOR. HOWEVER, THESE TREES PROVIDE GOOD DITCH BANK STABILIZATION AND GOOD WILDLIFE HABITAT VALUE. TRACT A TRACT A TRACT A TRACT A NATURAL HABITAT BUFFER 75' WAPA EASEMENT F32(2.25"POTS) 18"O.C. EVERGREEN SHRUBS QTY. SYM. COMMON NAME BOTANICAL NAME DECIDUOUS TREES FORM HEIGHT WIDTH SIZE ROOT 4 GTS GLEDITSIA TRIACANTHOS INERMIS 'IMPERIAL' OVAL 30-40' 30-40' 2" CAL. B&B ORNAMENTAL TREES CONIFEROUS TREES DECIDUOUS SHRUBS 38 BTC BARBERRY, PYGMY CRIMSON BERBERIS THUNBERGII ' CRIMSON PYGMY' ROUND 1-2' 1-2' 5 GAL CONT. 41 EA BURNING BUSH, DWARF EUONYMUS ALATUS 'COMPACTUS' ROUND 4-5' 4-5' 5 GAL. CONT. 12 HA HYDRANGEA, INCREDIBALL HYDRANGEA ARBORESCENS 'INCREDIBALL' ROUND 4' 3-5' 5 GAL. CONT. 56 RWP ROSA x 'WINNIPEG PARKS' ROUND 2-3' 3-4' 2.5" CAL. 28 SBG SPIREA, GOLD FLAME SPIREA X BUMALDA 'GOLD FLAME' ROUND 2-4' 2-4' 5 GAL. CONT. 6 FLATS SN SALVIA, MAY NIGHT PURPLE SALVIA NEMOROSA 'MAY NIGHT' CLUMP 18-24" 12-18" F15(4"POTS) 18"O.C. 14 FLATS HHR DAYLILY, DWARF YELLOW HEMEROCALLIS 'HAPPY RETURNS' CLUMP 12-15" 12-18" F15(4"POTS) 18"O.C. PERENNIALS 4 FLATS EP PURPLE CONEFLOWER ECHINACEA PURPUREA CLUMP 2-3' 18-24" 82 JSC JUNIPER, CALGARY CARPET JUNIPERUS SABINA 'CALGARY CARPET' SPRED 1-2' 4-6' 5 GAL. CONT. ORNAMENTAL GRASSES 93 CA FEATHER REED GRASS, KARL FORESTER CALAMOGROSTIS X ACUTIFL. 'KARL FORESTER' UPRT 4-5' 1-2' F15(4"POTS) 18"O.C. 41 PAH FOUNTAIN GRASS,DWARF PENNISETUM ALOPECUROIDES 'HAMELN' CLMP 1-2' 12-18" 1 GAL. CONT. CC STIPA (NASSELA) TENUISSIMA UPRT 2-3' 1-2' F15(4"POTS) 18" O.C. 35 RFC BUCKTHORN, TALL HEDGE RHAMNUS FRANGULA 'COLUMNARIS' UPRT 6-12' 3-4' 5' HT.. CONT. 49 PO NINEBARK, SUMMER WINE PHYSOCARPUS OPULIFOLIUS 'SEWARD' ROUND 4-6' 4-6' 5 GAL. CONT. * SEE SHEET L1 FOR SEED MIXES, DETAILS AND PLANT NOTES. 1 PP PINE, PONDEROSA PINUS PONDEROSA OVAL 40-60' 30-40' 6' HT. B&B 5 PSA COTTONWOOD, LANCELEAF POPULUS X ACUMINATA OVAL 50' 30' 2" CAL. B&B 2 QRS QUERCUS ROBUR OVAL 40-60' 35-40' 2" CAL. B&B * ONE SIGNIFICANT TREE BEING REMOVED, TO MITIGATE 3 RADIANT CRABAPPLES HAVE BEEN UPSIZED TO 2.5" CALIPER 6 JC JUNIPER, SPEARMINT JUNIPERUS CHINENSIS 'SPEARMINT' UPRIGHT 15' 2-4' 6' HT. B&B +/- 10 PPS COTTONWOOD POPULUS SPECIES UPRGHT 30-50' 30-40' VARIES RETAIN MALUS 'RADIANT' ROUND 15-25' 15-20' B&B EXISTING TREES TO REMAIN FILING 2 - PLANT SCHEDULE 3 MRA CRABAPPLE, RADIANT SINGLE-FAMILY ATTACHED HOUSING AND OVERLAND TRAIL ROW HONEYLOCUST, IMPERIAL OAK, ENGLISH OAK 32 MEXICAN FEATHER GRASS ROSE, WINNIPEG PARKS 9 ATS SAGEBRUSH, BIG ARTEMISIA TRIDENTATA ROUND 2-9' 3-7' 5 GAL. CONT. 12 AA SERVICEBERRY, SASKATOON AMELANCHIER ALNIFOLIA VASE 8-10' 8-10' 5 GAL. CONT. 13 RT SUMAC, SKUNKBRUSH RHUS TRILOBATA ROUND 3-6' 3-6' 5 GAL. CONT. 6 EN RABBITBRUSH, RUBBER ERICAMERIA NAUSEOSA ROUND 1-7' 3-7' 5 GAL. CONT. 5 GAL. CONT. 1 CS CATALPA, WESTERN CATALPA SPECIOSA OVAL 40-60' 30-50' 2" CAL. B&B * STREET TREES IN R.O.W. ON SHEET L2 ARE NOT INCLUDED IN THIS SCOPE. 27 EFE EUONYMUS, EMERALD N GOLD EUONYMUS FORTUNEI 'EMERALD N GOLD' MOUND 18-24" 2' 5 GAL. CONT. 18 EF EUONYMUS, MOONSHADOW EUONYMUS FORTUNEI 'MOONSHADOW' SPRED 18-24" 2' 5 GAL. CONT. BROADLEAF EVERGREENS 55 BMK BOXWOOD, JULIA JANE BUXUS MICROPHYLLA KOREANA 'JULIA JANE' ROUND 2-3' 3-4' 5 GAL. CONT. 15 TO ARBORVITAE, DEGROOT'S SPIRE THUJA OCCIDENTALIS 'DEGROOT'S SPIRE' UPRT 10-12' 4-5' 5 GAL. CONT. 40 CPS BROOM, SPANISH GOLD CYTISUS PURGANS 'SPANISH GOLD' ROUND 3-4' 4-6' 5 GAL. CONT. 65 PFG POTENTILLA, GOLD FINGER POTENTILLA FRUTICOSA 'GOLD FINGER' ROUND 2-3' 3-4' 5 GAL. CONT. 18 PB SANDCHERRY, PAWNEE BUTTES PRUNUS BESSEYI 'PAWNEE BUTTES' SPRED 15-18" 4-6' 5 GAL. CONT. 5 AG SERVICEBERRY, AUTUMN BRILLIANCE AMELANHIER X GRANDIFLORA 'AUTUMN BRILLIANCE' OVAL 20-25' 15' 1.5" CAL. B&B SEED MIXES NATIVE PRAIRIE MIX- CLAYEY SOILS COMMON NAME BOTANICAL NAME SIDEOATS GRAMA BOUTELOUA CURTIPENDULA BUFFALOGRASS BLUE GRAMA INLAND SALTGRASS DISITICHLIS STRICTA BOTTLEBRUSH SQUIRRELTAIL PRAIRIE JUNEGRASS ELYMUS ELYMOIDES KOELERIA MACRANTHA (BASED ON 80 SEEDS/SQ.FT. AND TOTAL OF 15.9 LBS/PLS/ACRE) DRILL BETWEEN 1/4"-1/2" DEEP BOUTELOUA DACTYLOIDES BOUTELOUA GRACILIS PASCOPYRUM SMITHII ALKALI SACATON SPOROBOLUS AIROIDES TURF - BLUEGRASS SOD WESTERN WHEATGRASS DRILLED lbs/PLS/acre 2.8 6.8 0.6 0.9 1.8 0.2 3.2 0.3 WARM WARM WARM WARM COOL COOL WARM COOL SEASON MATURE HEIGHT 10-30" 4-8" 4-16" 4-16" 4-20" 12-32" 20-40" 6-24" FORM BUNCH SOD BUNCH/SOD SOD BUNCH SOD BUNCH BUNCH WATER BUDGET CHART HYDROZONE AREA WATER NEEDED ANNUAL WATER USE HIGH (SF) (GALLONS/SF (GALLONS) MODERATE LOW VERY LOW TOTAL 21,666 11,771 3,735 17,384 54,556 18 10 3 0 AVE 9.5 389,988 117,710 11,205 0 518,903 B E L L A V I R A S U B D I V I S I O N F I L I N G T W O JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWN HOMES FORT COLLINS, CO 13116 FEB. 12, 2014 DWL/CGL DWL LANDSCAPE PLAN MASTER PLAN L-2 OF 3 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) IN NATIVE SEED AREAS IF ANY, ARE TO BE IRRIGATED WITH AN AUTOMATIC DRIP (TRICKLE) IRRIGATION, OR ACCEPTABLE ALTERNATIVE. THE IRRIGATION SYSTEM IS TO BE ADJUSTED TO MEET THE WATER REQUIREMENTS OF THE INDIVIDUAL PLANT MATERIAL. 10. ALL SHRUB BEDS TO BE MULCHED WITH A THREE INCH (3”) LAYER OF RIVER ROCK OVER WEED BA RRIER . 11. EDGING BETWEEN GRASS AND SHRUB BEDS SHALL BE 1/8” X 4” STEEL SET LEVEL TO TOP OF SOD. 12. IRRIGATED TURF TO BE SODDED OR SEEDED WITH KENTUCKY BLUE GRASS, OR AS OTHERWISE NOTED. TO THE MAXIMUM EXTENT FEASIBLE, TOPSOIL THAT IS REMOVED DURING CONSTRUCTION ACTIVITY SHALL BE CONSERVED FOR LATER USE. 13. THE SOIL IN ALL LANDSCAPE AREAS SHALL BE THOROUGHLY LOOSENED TO A DEPTH OF NOT LESS THAN EIGHT (8) INCHES AND SOIL AMENDMENT SHALL BE THOROUGHLY INCORPORATED INTO THE SOIL OF ALL LANDSCAPE AREAS TO A DEPTH OF AT LEAST SIX (6) INCHES BY TILLING, DISCING OR OTHER SUITABLE METHOD, AT A RATE OF AT LEAST THREE (3) CUBIC YARDS OF SOIL AMENDMENT PER ONE THOUSAND (1,000) SQUARE FEET OF LANDSCAPE AREA. 14. ALL LANDSCAPE WITHIN PUBLIC RIGHT-OF-WAYS (WITH THE EXCEPTION OF STREET TREES) SHALL BE LIMITED TO A MAXIMUM TWENTY FOUR INCHES (24”) IN HEIGHT. 15. TREE REMOVAL SHOULD BE DONE BY A LICENSED FORT COLLINS ARBORI ST WHERE REQUIRED BY CODE 16. LOCATE ALL UTILITIES PRIOR TO ANY DIGGING OR LANDSCAPE PLANTING. LANDSCAPE PLAN COVER SHEET STUCCO FACING FINISHED GRADE 8" BLOCK TYP. WEST EDGE OF 15' CONC. FOOTER UTILITY EASEMENT 2 S C R E E N W A L L F O O T E R NTS 30" 8" 5" 8" 5" 18" 6'-0"+/-VARIES CAST STONE CAP (BUFF EARTHTONE) CONCRETE BLOCK PILASTER W/ FAUX STONE LOOK (BUFF FLAGSTONE) SYNTHETIC STUCCO SYSTEM, OVER CMU WALL (BUFF EARTHTONE) CONC. VAULTED TILE ROOF, (REDDISH EARTHTONE) FINISHED GRADE S C R E E N W A L L 1 Scale: 1/4" = 1'-0" 3 V E R S A - L O C W A L L D E T A I L NTS VARIES L-1 BELLA VIRA SUBDIVISION FILING TWO LANDSCAPE PLAN OF 3 CIVIL ENGINEER: United Civil Design, Inc. 1501 Academy Ct., Ste. 203 Fort Collins, CO 80524 Ph# (970) 530-4044 Contact: Kevin Brazelton, PE email: kevin.brazelton@unitedcivil.com OWNER/DEVELOPER: Bella Vira Town Homes, Inc. 1313 Fairway Five Drive Fort Collins, Colorado 80525 Contact: John Minatta Ph# (970) 690-2662 ARCHITECT/PLANNER/LANDSCAPE: Lockwood Architects, Inc. 415 E. Pitkin Street Fort Collins, CO 80524 Ph# (970)493-1023 Contact: Dana W. Lockwood, Architect email: lockwoodar@aol.com PROJECT INFO: NOTES: 1. PLANT ALL SHRUBS SO THAT THEIR CENTERS ARE A MINIMUM 4' FROM EDGES OF PAVEMENT. SPACE SHRUBS AS INDICATED ON THE PLANS SCORE ROOT BALL OF CONTAINER PLANTS VERTICALLY WITH KNIFE, CUT ANY SPIRALING ROOTS WHERE THEY EMERGE FROM SOIL BALL. MULCH FORM SAUCER WITH 4" CONTINUOUS RIM FINISH GRADE PLANTING MIX. WATER TO SETTLE, DO NOT TAMP NOTES: 1. PRUNE DEAD OR DAMAGED WOOD AT TIME OF PLANTING. REGULARLY SCHEDULED PRUNING BY CERTIFIED ARBORIST TO BEGIN THE FOLLOWING SEASON BEFORE END OF WARRANTY/MAINTENANCE PERIOD. 2. REMOVE ALL TWINE, ROPE, AND/OR RUBBER FROM AROUND TOP OF BALL, PEEL BACK BURLAP, AND REMOVE WIRE BASKET FROM ROOT BALL. 3. PLANT SO THAT TOP OF ROOT BALL IS 2" ABOVE FINISH GRADE. LEAVE TREES UNSTAKED IF CONDITIONS PERMIT. IF STAKING IS REQUIRED, ONLY DECIDUOUS TREES WHICH ARE WEAK, HAVE LOOSE ROOT BALLS, OR ARE BEING PLANTED IN PARTICULARLY WINDY SITES REQUIRE STAKING. STAKE FOR 1 YR. ONLY. 2 STRAND TWISTED GAL. GUY WIRE WITH GROMMETED STRAPS 6' T-POST 2 STAKES PER TREE DRIVEN (MIN. 18") FIRMLY INTO SUBGRADE PRIOR TO XBACKFILLING TREE WRAP, FROM BOTTOM TO TOP OF FIRST BRANCH, SECURE W/ ELECTRICAL TAPE, NO STAPLES, APPLY LATE FALL, REMOVE EARLY SPRING BACKFILL MIX: 70% ON SITE SOIL, 30% SCREENED COMPOST WATER TO SETTLE, DO NOT TAMP 3" MULCH "CHOICE MULCH", OR APPROVED EQUAL FORM SAUCER 3 X BALL DIA. VERTICAL * * 3" MULCH "CHOICE MULCH", OR APPROVED EQUAL BACKFILL MIX: 70% ON SITE SOIL, 30% SCREENED COMPOST WATER TO SETTLE, DO NOT TAMP 6' T-POST 2 STAKES PER TREE DRIVEN (MIN. 18") FIRMLY INTO SUBGRADE PRIOR TO BACKFILLING 2 STRAND TWISTED GALVANIZED GUY WIRE NOTES: 1. PRUNE DEAD OR DAMAGED WOOD AT TIME OF PLANTING. REGULARLY SCHEDULED PRUNING BY CERTIFIED ARBORIST TO BEGIN THE FOLLOWING SEASON BEFORE END OF WARRANTY/MAINTENANCE PERIOD. 2. PLANT SO THAT TOP OF ROOT BALL IS 2" ABOVE FINISH GRADE. REMOVE ALL TWINE, ROPE, AND/OR RUBBER FROM AROUND TOP OF BALL, PEEL BACK BURLAP, AND REMOVE WIRE BASKET FROM ROOT BALL. 3. LEAVE TREES UNSTAKED IF CONDITIONS PERMIT. IF STAKING IS REQUIRED, ONLY EVERGREEN TREES WHICH ARE WEAK, HAVE LOOSE ROOT BALLS, OR ARE BEING PLANTED IN PARTICULARLY WINDY SITES REQUIRE STAKING. STAKE FOR 1 YR. ONLY. FORM SAUCER NYLON STRAP W/ GROMMETS VERTICAL 3 X BALL DIA. NTS 4 S H R U B NTS 5 D E C I D U O U S T R E E 6 E V E R G R E E N T R E E NTS NTS HALF OF DRIP LINE MIN. 6' T-POST WITH 4 STAKES PER TREE DRIVEN (MIN. 18") FIRMLY INTO SUBGRADE PRIOR TO CONSTRUCTION VERTICAL NOTES: 1. FENCING TO CONSIST OF 5' HEIGHT ORANGE PLASTIC CONSTRUCTION FENCING TIED TO POST WITH METAL WIRE. FENCING SHALL REMAIN UNTIL CONSTRUCTION IS COMPLELTELY FINISHED. 2. SEE PLANT PROTECTION NOTES THIS SHEET. TREE PROTECTION SPECIFICATIONS: (A) WITHIN THE DRIP LINE OF ANY PROTECTED EXISTING TREE, THERE SHALL BE NO CUT OR FILL OVER A FOUR-INCH DEPTH UNLESS A QUALIFIED ARBORIST OR FORESTER HAS EVALUATED AND APPROVED THE DISTURBANCE. (B) ALL PROTECTED EXISTING TREES SHALL BE PRUNED TO THE CITY OF FORT COLLINS FORESTRY STANDARDS. (C) PRIOR TO AND DURING CONSTRUCTION, BARRIERS SHALL BE ERECTED AROUND ALL PROTECTED EXISTING TREES WITH SUCH BARRIERS TO BE OF ORANGE FENCING A MINIMUM OF FOUR (4) FEET IN HEIGHT, SECURED WITH METAL T-POSTS, NO CLOSER THAN SIX (6) FEET FROM THE TRUNK OR ONE-HALF (1/2) OF THE DRIP LINE, WHICHEVER IS GREATER. THERE SHALL BE NO STORAGE OR MOVEMENT OF EQUIPMENT, MATERIAL, DEBRIS OR FILL WITHIN THE FENCED TREE PROTECTION ZONE. (D) DURING THE CONSTRUCTION STAGE OF DEVELOPMENT, THE APPLICANT SHALL PREVENT THE CLEANING OF EQUIPMENT OR MATERIAL OR THE STORAGE AND DISPOSAL OF WASTE MATERIAL SUCH AS PAINTS, OILS, SOLVENTS, ASPHALT, CONCRETE, MOTOR OIL OR ANY OTHER MATERIAL HARMFUL TO THE LIFE OF A TREE WITHIN THE DRIP LINE OF ANY PROTECTED TREE OR GROUP OF TREES. (E) NO DAMAGING ATTACHMENT, WIRES, SIGNS OR PERMITS MAY BE FASTENED TO ANY PROTECTED TREE. (F) LARGE PROPERTY AREAS CONTAINING PROTECTED TREES AND SEPARATED FROM CONSTRUCTION OR LAND CLEARING AREAS, ROAD RIGHTS-OF-WAY AND UTILITY EASEMENTS MAY BE "RIBBONED OFF," RATHER THAN ERECTING PROTECTIVE FENCING AROUND EACH TREE AS REQUIRED IN SUBSECTION (G)(3) ABOVE. THIS MAY BE ACCOMPLISHED BY PLACING METAL T-POST STAKES A MAXIMUM OF FIFTY (50) FEET A PART AND TYING RIBBON OR ROPE FROM STAKE-TO-STAKE ALONG THE OUTSIDE PERIMETERS OF SUCH AREAS BEING CLEARED. (G) THE INSTALLATION OF UTILITIES, IRRIGATION LINES OR ANY UNDERGROUND FIXTURE REQUIRING EXCAVATION DEEPER THAN SIX (6) INCHES SHALL BE ACCOMPLISHED BY BORING UNDER THE ROOT SYSTEM OF PROTECTED EXISTING TREES AT A MINIMUM DEPTH OF TWENTY-FOUR (24) INCHES. THE AUGER DISTANCE IS ESTABLISHED FROM THE FACE OF THE TREE (OUTER BARK) AND IS SCALED FROM TREE DIAMETER AT BREAST HEIGHT AS DESCRIBED IN THE CHART BELOW. TREE DIAMETER AT BREAST HEIGHT (INCHES) AUGER DISTANCE FROM FACE OF TREE (FEET) 0-2 3-4 5-9 10-14 15-19 OVER 19 1 2 5 10 12 15 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) k le Ct Snowbrush Pl F l e e t w o o d Ct Stadium Ct Coneflower Ct Orchard Pl Golden Currant Ct Wheatgrass Ct Pleasant Valley Ct Twinflower Pl W Lake St W P r o s p e ct Rd S Overland Trl W Elizabeth St © Filing Bella Vira Two 1 inch = 500 feet Site FilingVira Bella One FilingVira Bella Two LMN RL RF Packet Pg. 468 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W NPW NPW NPW NPW NPW NPW NPW NPW NP NPW NPW NPW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 8" ADS FL=5113.1 12" ADS FL=5113.2 E E E E E E E Lot 7 Lot 1 Lot 2 Lot 6 Lot 5 Lot 4 Lot 3 Lot 12 Lot 8 Lot 11 Lot 13 Lot 15 Lot 14 Lot 16 Lot 17 Lot 9 Lot 10 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 W W W W W W W W W LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD LOD WEST ELIZABETH STREET BELLA VITA WAY PROPERTY BOUNDARY LEGEND CITY LIMITS PROPOSED RIGHT OF WAY PROPOSED STORM LINE PROPOSED EASEMENT/SET BACK PROPOSED LOT LINE PROPOSED CURB AND GUTTER LIMITS OF DEVELOPMENT EXISTING TELEPHONE LINE PHASE LINE PROPOSED SANITARY SERVICE LINE PROPOSED SANITARY MAIN LINE PROPOSED WATER SERVICE LINE PROPOSED WATER MAIN LINE STREET LIGHTS POST OFFICE BOX NATIVE PRAIRE SEED MIX TURF AREA PROPOSED DECIDUOUS TREES PROPOSED ORNAMENTAL TREES OHE OHE LOD LOD PROPOSED EVERGREEN TREES PROPOSED ELECTRIC LINE OVERHEAD ELECTRIC SADDLE RIDGE CONDOMINIUMS SUPPLEMENT 12, PHASE 13 Unit D, Building 23 SABATINO LANE PROPOSED GAS LINE SWALE HYDRANT BELLA VITA WAY 36.12 ' 24.17 ' 7.51 ' DE 28.33 ' DE 44.79 ' DE 22.00 ' PUE 22.24 ' PUE 21.27 ' PUE 65.25 ' BUILDING 4 BUILDING 3 BUILDING 2 BUILDING 6 BUILDING 5 BUILDING 1 5,759 SF 9,738 SF 14,904 SF 11,536 SF 11,030 SF 15,584 SF 67.59' 14.02 ' 59.60 ' TWO EXISTING DRAIN PIPES NATURAL HABITAT BUFFER AREA LIMITS 30.00 ' 30' DRAINAGE & ACCESS EASEMENT REC. NO. 20080027069 494.88' 36.35' EXISTING WATER LINE 20' CITY OF FORT COLLINS WATER LINE EASEMENT BEARING RECEPTION NO. 85035616. PER DECREE AND PERMANENT INJUCTION AS RECORDED JUNE 21, 1993, EASEMENT PER RECEPTION NO. 93041083 TO BE USED TO DISPOSE OF RUN-OFF WATER FROM THE EQUINE CENTER IMPROVEMENTS. 35.77 ' 10' EXISTING WATERLINE EASEMENT REC. NO. 2000-0023858 36.75 ' 30.00 ' HOA OWNED AND MAINTAINED OPEN SPACE AND LANDSCAPE AREA 5.00 ' 5.00 ' CITY LIMIT 10.00 ' DE 23.00 ' BAY TYP. 20.00 ' FL 27.18 ' FL 20.00 ' EAE 8.00 ' POSTAL BOX 4' WALK TYP. 9.00 ' UE 13.65 ' EXISTING WATER LINE PROPOSED STREET LIGHT PROPOSED STREET LIGHT 55.68' 659.80' HOA OWNED AND MAINTAINED OPEN SPACE AND LANDSCAPE AREA 15.02 ' PROPOSED STREET LIGHT 20.00' EAE R=5' TYP. R=15' TYP. 52.22' 38.00' TYP. 15.00' UE 28.54 ' PROPERTY LINE 75.00' UNITED STATES EASEMENT BOOK 914, PAGE 526 SCREEN WALL PROPERTY LINE 15.00 ' 15' PLEASANT VALLEY AND LAKE CANAL EASEMENT PROPOSED LANDSCAPE WALL SWALE LINE SWALE LINE SWALE LINE SWALE LINE SWALE LINE SWALE LINE SWALE LINE S I T E P L A N 1 Scale: 1" = 30 ft UNIT TYPE 2 FF/TF=30.40 UNIT TYPE 2 FF/TF=30.40 UNIT TYPE 3 FF=29.30 UNIT TYPE 3 FF=29.30 UNIT TYPE 3 FF=27.90 UNIT TYPE 3 FF=27.90 UNIT TYPE 2 FF=27.50 UNIT TYPE 1 FF=28.20 UNIT TYPE 1 FF=29.70 UNIT TYPE 1 FF=30.40 UNIT TYPE 2 FF=31.10 UNIT TYPE 3 FF=30.90 UNIT TYPE 3 FF=31.80 UNIT TYPE 3 FF=33.30 UNIT TYPE 3 FF=34.20 UNIT TYPE 1 FF=35.90 UNIT TYPE 2 FF=36.60 UNIT TYPE 2 FF=36.50 UNIT TYPE 1 FF=35.30 UNIT TYPE 1 FF=33.80 UNIT TYPE 3 FF=32.75 UNIT TYPE 3 FF=28.50 UNIT TYPE 1 FF=29.20 UNIT TYPE 1 FF=29.90 UNIT TYPE 2 FF=29.90 RETAINING WALL CONC. DRIVE TYP. CONC. DRIVE TYP. CONC. DRIVE TYP. RETAINING WALL RETAINING WALL 3' CONC. WALK TYP. 3' CONC. WALK TYP. 3' CONC. WALK TYP. PATIO/DECK TYP. PATIO/DECK TYP. PATIO/DECK TYP. CONC. DRIVE TYP. 4' CONC. WALK TYP. CONC. DRIVE TYP. CONC. DRIVE TYP. CONC. DRIVE TYP. 3' CONC. WALK TYP. RETAINING WALL RETAINING WALL RETAINING WALL CONC. DRIVE TYP. 3' CONC. WALK TYP. 3' CONC. WALK TYP. PATIO/DECK TYP. PATIO/DECK TYP. CONC. DRIVE TYP. 4' CONC. WALK TYP. 4' CONC. WALK TYP. 4' 4' PATIO/DECK TYP. 15.89 ' 22.52 ' 14.94 ' 10.37 ' 589.19' RETAINING WALL PARKING PARKING PARKING PARKING PARKING PARKING PARKING "FIRE SPRINKLERED" "FIRE SPRINKLERED" "FIRE SPRINKLERED" "TYPE B ACCESSIBLE" "TYPE B ACCESSIBLE" "FIRE SPRINKLERED" "FIRE SPRINKLERED" "TYPE B ACCESSIBLE" "TYPE B ACCESSIBLE" 30' DRAINAGE & ACCESS EASEMENT REC. NO. 20080027069 NATURAL HABITAT BUFFER AREA LIMITS BIO-SWALE SEE CIVIL FOR DETAIL BIO-SWALE SEE CIVIL FOR DETAIL SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONE. NOTE: THE NATURAL HABITAT AREA IS MEANT TO BE MAINTAINED IN A NATIVE LANDSCAPE. "FIRE SPRINKLERED" SIDEWALKS ADJACENT TO THIS SITE & OUTSIDE LIMIT OF DEVELOPEMENT TO BE COMPLETED WITH PHASE 1, BY OTHERS. SIDEWALKS ADJACENT TO THIS SITE & OUTSIDE LIMIT OF DEVELOPEMENT TO BE COMPLETED WITH PHASE 1, BY OTHERS. 5.00' 8.00' 12.00' 8.00' 8.00 ' 5.00' 23.93 ' 15.21' 15.21' 21.68 ' 24.42 ' 24.98 ' 5.00' 8.00' 8.00' 8.00' 8.00 ' 5.00 ' 6.50' 5.00 ' 8.00 ' 8.00 ' 8.00 ' 8.00 ' 5.00 ' 18.23 ' 25.25 ' 25.27 ' 19.28 ' 46.71 ' 30.03 ' 24.35 ' 26.35' 25.18 ' 5.00' 8.00 ' 8.00 ' 8.00' 8.00' 5.00' 5.00 ' 8.00 ' 8.00 ' 8.00' 8.00' 10.00' 5.00 ' 5.00 ' 8.00' 10.00' S 47 25' 35" E O 5.00 ' 18.00 ' 18.00 ' 18.00 ' 18.00 ' 16.10 ' 23.92 ' TRACT A UE, DE & AE TRACT A UE, DE & AE TRACT A UE, DE & AE TRACT A PARKING JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWN HOMES FORT COLLINS, CO 13116 FEB. 12, 2014 DWL/CGL DWL NOTE: B E L L A V I R A S U B D I V I S I O N F I L I N G T W O SEE SHEET SP-1 FOR LEGAL DESCRIPTION, SITE DATA TABULATIONS AND GENERAL NOTES. ABBREVIATIONS KEY: EAE EMERGENCY ACCESS EASEMENT SP-2 OF 2 SITE PLAN PUE PUBLIC UTILITY EASEMENT UE UTILITY EASEMENT LOD LIMIT OF DEVELOPMENT FL FLOW LINE DE DRAINAGE EASEMENT AE ACCESS EASEMENT Packet Pg. 465 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) e c t Rd. P e c a n S t . Briarwood Rd. Tyler St. Cuerto C t . Pl. S u n flower Dr. Poppy Ct. Dr. C t . Ct. S n o wbush Pl. Ct. Burning Bush Ct. Honeysuc k l e C t. Wheatgrass Ct. Pl e a s a n t V a l l e y R d. W e ll s F a r g o D r . M d bk D Go ld e n C urra n t B l v d. K Green- Tree Cir. Radcliff Cir. Belmar Dr. E v e r Sitzman Way D a ko ta St. Su m a c S t . R a m s L n . Timber Ct. W . O live St. S p r ing f i eld Dr. Timbe r L a n e S. Im p a l a Dr. Impala W . P l u m R o s s Ct. Suffolk Ct. Ryela n d Ct . N o rt h b r o o k Dr . Woodvalley Ct. H o l ling b o ur n e D r . P e c a n S t . H o l l y W a y Ct. Wildwood Rd. Azuro Dr. L e i c e s t e r B a n gor C t. Gallup Rd. Timber Ln. H i n r y S t. Hol l y P l. Jaerger Ct. S. Overland Trl. W. Elizabeth St. Tierra Dr. Bianco Dr. S h r o pshir e A ve. Co r ri e d a l e Dr. S. Hillcrest Dr. Bri a r w o o d R d . Argento Dr. W. Lake St. Fuqua Dr. W. L a urel S t . Cascade Ct. R o m Rd. W . C o ve n t r y C t . S o m erville D r . Louise L n. Pear S t . Deerfield Dr. K i m b a ll Rd . Currant Ct. Buffaloberry Ct. Sunfl o w e r W a y B a n y a n C a t a l p a D r . Blue Flax Ct. Clearvi e w A v e . M o n t vi e w R d . Locust G ro v e D r . W. W o o d f o r d A ve. A p p l e - H o l l y S t . C e d a r w o o d D r . Do r s et Ponderosa Dr. H a m p s h i r e R d . Ct. Ct. Charleston G o l d e n C u r r a n t B lvd. Z ir k e l s C t. Ct. R awahs W ay I n d i an P e a k s Pl. A z alea D r . W. Magnolia W . P l u m S t . Conefl o w e r R e e d g rass C t. Sumac St. burg Ct. Williams Dr. Evergreen Kimball St. Ct. Pl. Myrtle Ct. Cir. St. W. Olive St. W. Prospect Rd. Ct. Ct. Ct. Ct. W. Oak St. W. Olive W. Woodford W. Magnolia Stadium Crabtree Dr. Tamarac Dr. Poplar Dr. W. Mulberry St. Berkeley Cir. N o r thbrook C t . Arancia Dr Vi r g i n i a D a l e Dr. A n d r e w s Peak D r. Rampart Rd. Flintridge Pl. Prato l ina C t. Ra v Orchard Pl. L o Rock y Rd. Bra dbury Ct. W E l i z a b et h St. Twinflower Pl. F io r e Ct. B e l l a V i ta D r . S TAFT HI College Lake RF Bella Vira Town Homes, Inc. (State of ) (County of ) Subscribed and sworn to before me this day of , 20 A.D. by WITNESS my hand and offical seal. Notary Public Address My Commission Expires: Approved by the Director of Planning of the City of Fort Collins, Colorado, on this day of , 20 . Director of Community Development and Neighborhood Services The undersigned does/do hereby certify that I/we are the lawful owners of real property described on this Site Plan and do hereby certify that I/we accept the conditions and restrictions set forth on said Site Plan. OWNER'S CERTIFICATION JOHN MINATTA, President Date DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES NOTE: THIS IS A LAND USE PLANNING DOCUMENT, NOT A CONSTRUCTION DOCUMENT. REFER TO CIVIL ENGINEERING PLANS FOR SITE CONSTRUCTION. CIVIL ENGINEER: United Civil Design, Inc. 1501 Academy Ct., Ste. 203 Fort Collins, CO 80524 Ph# (970) 530-4044 Contact: Kevin Brazelton, PE email: kevin.brazelton@unitedcivil.com OWNER/DEVELOPER: Bella Vira Town Homes, Inc. 1313 Fairway Five Drive Fort Collins, Colorado 80525 Contact: John Minatta Ph# (970) 690-2662 ARCHITECT/PLANNER/LANDSCAPE: Lockwood Architects, Inc. 415 E. Pitkin Street Fort Collins, CO 80524 Ph# (970)493-1023 Contact: Dana W. Lockwood, Architect email: lockwoodar@aol.com PROJECT INFO: SP-1 SHEET INDEX: SP-2 SITE PLAN COVER SHEET SITE PLAN JOB # REVISIONS DATE DRAWN CHECKED SHEET 415 E. PITKIN STREET, FORT COLLINS COLORADO 80524 (970) 493-1023 BELLA VIRA SUBDIVISION FILING TWO BELLA VIRA TOWN HOMES FORT COLLINS, CO 13116 FEB. 12, 2014 DWL/CGL DWL EXCEPT AS PROVIDED IN SUBPARAGRAPHS (1) AND (2) BELOW, A VISUAL CLEARANCE TRIANGLE, FREE OF ANY STRUCTURES OR LANDSCAPE ELEMENTS OVER TWENTY-FOUR (24) INCHES IN HEIGHT, SHALL BE MAINTAINED AT STREET INTERSECTIONS AND DRIVEWAYS IN CONFORMANCE WITH THE STANDARDS CONTAINED IN THE LARIMER COUNTY URBAN AREA STREET STANDARDS. (1) FENCES SHALL NOT EXCEED FORTY-TWO (42) INCHES IN HEIGHT AND SHALL BE OF AN OPEN DESIGN. (2) DECIDUOUS TREES MAY BE PERMITTED TO ENCROACH INTO THE CLEARANCE TRIANGLE PROVIDED THAT THE LOWEST BRANCH OF ANY SUCH TREE SHALL BE AT LEAST SIX (6) FEET FROM GRADE. SIGHT DISTANCE EASEMENTS 1. SITE DEVELOPMENT CONSTRUCTION IS ANTICIPATED TO BEGIN SPRING OF 2014 AND BE COMPLETED WITHIN FIVE TO SIX MONTHS FROM CONSTRUCTION START. SITE DEVELOPMENT CONSTRUCTION WILL BE COMPLETED IN ONE PHASE. TOWNHOME CONSTRUCTION TO BE COMPLETED AS MARKET ALLOWS. 2. REFER TO UTILITY PLANS FOR LOCATIONS OF STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES. 3. REFER TO CIVIL ENGINEERING PLANS FOR DETAILED INFORMATION OF PROPOSED TOPOGRAPHY, UTILITY, AND STREET IMPROVEMENTS. 4. REFER TO CIVIL ENGINEERING PLANS FOR LOT AREA, EASEMENTS, UTILITY EASEMENTS, ACCESS AND EMERGENCY ACCESS EASEMENTS, AND OTHER SURVEY INFORMATION. 5. ALL SIDEWALKS AND RAMPS SHALL CONFORM TO CITY STANDARDS. ALL HANDICAP PARKING SPACES (IF ANY), AND RAMPS ARE TO BE COORDINATED WITH CIVIL ENGINEERING PLANS FOR GRADING, DRAINAGE AND ACCESSIBLE ROUTE CONSIDERATIONS. HANDICAP PARKING SPACES SHALL SLOPE NO MORE THAN 1: 48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES SHOULD SLOPE NO MORE THAN 1: 20 IN DIRECTION OF TRAVEL AND NO MORE THAN 1: 48 CROSS SLOPE. 6. ACCESSIBLE RAMPS TO BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSIBLE PARKING SPACES. (IF ANY) 7. PROPOSED EXTERIOR BUILDING-MOUNTED LIGHT FIXTURES SHALL BE DOWN-DIRECTIONAL WITH SHARP CUTOFF LUMINARIES AND SHALL COMPLY WITH ALL CITY OF FORT COLLINS LIGHTING REQUIREMENTS. 8. ALL SIGNS UTILIZED SHALL COMPLY WITH THE CITY OF FORT COLLINS SIGN CODE. 9. ALL EXTERIOR CONDUIT, METERS, VENTS, ETC. WILL BE PAINTED TO MATCH THE BUILDING COLOR. 10. IF INDIVIDUAL PROPERTY OWNWERS OF LOTS 7 THROUGH 11 ERECT A FENCE AROUND THEIR YARD IT NEEDS TO USE A MESH OR SOME OTHER TYPE OF MATERIAL TO KEEP WILDLIFE AND PETS FROM BEING ABLE TO PASS THROUGH IT. GENERAL NOTES SITE DATA TABULATIONS LAND USE ZONING PARCEL SIZE PARCEL SIZE NET ACRES GROSS ACRES LOW-DENSITY MIXED LMN 151,175 S.F. 170,255 S.F. USE NEIGHBORHOOD 3.47 ACRES 3.91 ACRES UNIT TYPE SUMMARY & DENSITIES Proposed Dwelling Proposed No. Net Gross % of Total Unit Type of Units Density Density Units Single-Family Attached Unit Type 1 7 2.01 DU/AC 28% 1-Story, 2 Bedrooms Interior Unit Single-Family Attached Unit Type 2 8 2.31 DU/AC 32% 1-Story, 2 Bedrooms End Unit Single-Family Attached Unit Type 3 10 2.88 DU/AC 40% 2-Story, 3 Bedrooms End & Interior Unit TOTALS 25 7.20 DU/AC 100% Note: No building to exceed 2.5 stories. SITE COVERAGE Category Acreage Sq. Ft. % Single-Family Attached 1.60 69,770 46 Building Coverage Private Drives 0.34 14,913 10 Private Driveways 0.22 9,462 06 OpenSpace/ 1.31 57,030 38 Landscape Areas TOTALS 3.47 151,175 100 VICINITY MAP BELLA VIRA FILING 2 SITE PLAN PROJECT BENCHMARK CITY OF FORT COLLINS BENCHMARK 22-97 FOUND 2" ALUMINUM CAP ON MH BASE NEAR THE WEST ROW OF OVERLAND TRAIL AND WEST ELIZABETH ST. ELEVATION=5138.68 NGVD 1929 UNADJUSTED CITY OF FORT COLLINS BENCHMARK 32-92 ELEVATION=5116.24 NGVD 1929 UNADJUSTED LEGAL DESCRIPTION BELLA VIRA SUBDIVISION FILING TWO BEING A REPLAT OF TRACT A, BELLA VIRA SUBDIVISION PART OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. BELLA VIRA SUBDIVISION FILING TWO SITE PLAN COVER SHEET Packet Pg. 464 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) Same RIPTION: or a Major A quest includ hwest corne Bella Vira p 25 lots for s w Density M ting Modific ON: Ap MARY: ment is bein n. The Bel d and found ode in Artic The Major A ment for Si on 4.5 – Low complies w fications of ds that the 281 N Col a, Filing 2, M atta velopment C xington Cou ns, CO 805 Amendment des a replat er of West plans call fo ingle family Mixed Use cations of S pproval of th ng processe lla Vira, Fili by staff to le 2, and th Amendment ngle-family w Density M with the Gen Standard fo Modificatio P llege Ave – P Major Amen Co. urt 526 t and Repla t the northe Elizabeth S or condomi y attached u Neighborho Standard to he Major Am ed in the sa ng 2, Major be in comp herefore sub t complies w y attached u Mixed-Use neral Deve or Section 3 on request m MEET PLANNIN PO Box 580 – ndment and at to amend east portion Street and O niums in th units with in ood (L M N o Sections 3 mendment ame manne r Amendme pliance with bject to a P with the app units (Sectio Neighborho lopment sta 3.5.2 (E) (1 meets the c ITEM NO TING DATE STAFF NG & ZON – Fort Collins d Replat #1 d the appro of Bella Vi Overland T his location; ndividual ut N) Zone Dis 3.5.2(E) (1) and Modifi er as the cu ent and Rep h procedura Planning an plicable req on 2.2.10(B oods Distric andards in 1) (2) for bu criteria of S O 2 E March 13 F Pete Wra NING BOA s, CO 80522- 970.221 140001 oved Bella V ra Phase II rail. The ; this propo tilities. The trict. The (2). cation urrently plat #14000 al requireme d Zoning B quired findin B), zoning ct. And, the Article 3, w uilding ection 2.8.2 3, 2014 ay ARD -0580 .6750 Vira I sal site 01 ents Board ngs e with a 2 Packet Pg. 423 Attachment18.3: Staff Report to Planning and Zoning Board (Bella Vira Phase 2 Major Amendment and Replat - Appeal) made available (vs. 240k square feet (47% of the total Mall) in the original agreement). The amount of leased space to tenants new to Fort Collins has also increased from 120k to 150k. In addition, a portion of each tranche released would be assigned to the Underpass and Foothills Activity Center portion of the project. Waiting until the developer has obtained the required 240k square feet of leased space prior to the Packet Pg. 6 Attachment1.1: April 15, 2014 (URA Minutes - 0415) number of infected adult mosquitoes is a controversial topic in Fort Collins. The goal of the current program is to reduce the risk of transmission of WNV to people while limiting the negative environmental and health impacts. The use of adult mosquito control is a decision based on risk management. The Program Response Guidelines are in place to ensure that the level of WNV activity has elevated to a point that has been associated with unacceptable risk of human disease before the use of adulticides is approved. The use of adult mosquito control has been debated among the TAC since its inception. Several studies have been referenced to provide the rationale for using ultralow volume (ULV) pesticide spraying when the risk of human transmission has become too great. The topics covered include relative risk analysis, endocrine disruption, effectiveness of adulticiding, the label and safety data sheets of the available products, and general pesticide information. (located in the Packet Pg. 318 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) ideal choice. These bacteria damage the gut of the mosquito larvae when they eat it, causing the larvae to starve to death. Vectolex - Bacillus sphaericus (Bs) This is closely related to Bti and has similar benefits but is considered a true biological control due to the fact that it persists Packet Pg. 316 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) as mid-June and continue throughout the season. Packet Pg. 313 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) consultation and technical assistance regarding West Nile Virus control to communities throughout Colorado and the nation. From 2004-2008, the CDC tested all mosquitoes trapped in Fort Collins and Loveland to research the best predictors of human WNV disease. This research led to the development of several risk indicators, including the vector index to estimate levels of WNV-infected mosquitoes in a community and potential risk of human outbreaks. The City uses the risk index as one element of the action thresholds as described in the program response guidelines. CDC employees have served as TAC members, though not as official representatives of the CDC; they represent their individual views. CSU contributes to the WNV management program in multiple ways. Since 2009, the university has provided mosquito testing for WNV for a fee, since the CDC no longer performs the service following completion of the project to evaluate the risk index. The City of Loveland also uses these testing services provided by CSU. In addition, CSU faculty have participated on Packet Pg. 308 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) The cost of testing is defrayed partially by partnering with Loveland to access the testing services on a “pay as you test” arrangement. 2009 CSU cost: $33,296 Loveland portion: $2,220 2010 CSU cost: $33,608 Loveland portion: $3,801 2011 CSU cost: $22,872 Loveland portion: $2,597 In 2011, an additional lab in CSU helped to reduce the cost for WNV positive mosquito testing due to an ongoing research project. There was also a significant budget reduction, which reduced early- and late-season trapping and testing. In the 2011-2012 budget cycles, due to the significant reduction in the WNV management budget, the TAC created recommendations to address the budget shortfall. This included shortening the season to simply cover June, July and August. The main elements of the program were not impacted, but the season was shortened, and outreach programs were Packet Pg. 307 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) the 2007 WNV season, the City Manager directed staff to form the citizen Technical Advisory Committee (TAC) made up of community members who are subject matter experts and concerned citizens appointed by the City Manager. The review of the WNV management program began in the fall of 2007. 2008 The TAC, formed in late 2007, was comprised of representatives from the Larimer County Department of Health and Environment, Colorado State University, an environmental consultant, members of the Natural Resources and Air Quality Advisory Boards, and the medical community of Larimer County. There is a great depth of local knowledge in the area of infectious disease and integrated mosquito management. Committee members also included employees of the CDC and US Department of Packet Pg. 306 Attachment16.6: Program Manual, March 2014 (draft) (West Nile Virus Management Plan Options) guidelines include the full spectrum of WNV activity - from offseason through a WNV outbreak. The program response guidelines were developed by staff, with advice from the TAC, based on the Council-adopted West Nile Virus Policy. TAC members presented information from the State of California's WNV programming which included a response guideline model. Some TAC members found the California example was more accessible and more easily understandable to laypeople than the current City program response guidelines, which were administratively adopted in 2013. The California example uses different thresholds and so would need to be adapted to reflect Fort Collins' WNV Management Plan. Staff drafted program response guidelines that reflect the California example. Because the timing for implementing the operational phase of the 2014 season is so close, this process will be undertaken during the 2014 season and reviewed after it has been implemented, in 2015. Staff expects to review any program response guideline improvements with the TAC and include the group's feedback in a final plan. Currently, these guidelines are not formally incorporated into the WNV Management Plan or Policy. Maintain As-Is A TAC option is that the program response guideline documents not change at this time. A comprehensive review conducted by a third-party expert could be done to develop an alternative decision document in the style of the State of California response guidelines. Development of this document will take additional discussions and data, perhaps years of development to completely perfect, but the concept is to simplify the program response guidelines in order to increase public understanding of the response thresholds. Maintaining the program response guidelines without change retains the human case threshold at “More than one human case being reported per week in Fort Collins” and would also retain the 0.75 vector index. Remove Human Cases Human cases are reported three to four (3-4) weeks after disease onset or four to five (4-5) weeks after transmission, meaning this is a lagging indicator because reports to public health officials by a doctor follows Packet Pg. 275 No opt out at all Pesticide Sensitivity Registry opt out only Opt out registered businesses with education Voluntary opt out with education Packet Pg. 274 WATERFIELD P.U.D. FIRST FILING L1 VINE DR. L5 L4 L3 C4 L2 C3 C2 C1 L6 EXHIBIT C VACATED RIGHT-OF-WAY BEING A PORTION OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 189 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) VACATED RIGHT-OF-WAY BEING A PORTION OF COUNTY ROAD 11 (TURNBERRY ROAD) AND VINE DRIVE, SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH SOUTH 1 4 CORNER SECTION 5-7-68 3" ALUMINUM CAP PLS 20123 WEST 1 4 CORNER SECTION 5-7-68 2-1/2" ALUMINUM CAP LS 17662 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH RANGE 68 WEST 301 North Howes, Suite 100 Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com Packet Pg. 187 Attachment1: Exhibit A through I (Waterfield First and Second Filing Right of Way Vacation ORD) pay this calculated amount plus the applicable base charge set forth below: The intention of this Ordinance was only to add this sentence to the schedule of rates. Packet Pg. 145 Attachment11.3: Ordinance No. 028, 2014 - First Reading (Wastewater Rates Correction)