HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/19/2017 - ITEMS RELATING TO THE GARDENS ON SPRING CREEK Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Michelle Provaznik, Manager-Gardens on Spring Creek
Vincent Kitch, Cultural Services and Facilities Director
Chris Van Hall, Legal
SUBJECT
Items Relating to the Gardens on Spring Creek.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 118, 2017, Modifying Ordinance No. 074, 2016, Which Modified the
April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre for
Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 Pertaining to the
Gardens on Spring Creek to Remove Two Conditions, Specifically the West Sound Wall and Central
Override Component of the Sound System.
B. Second Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects
Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund
for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring Appropriati ons to
the Cultural Services and Facilities Fund for the Art in Public Places Program.
These Ordinances, adopted on First Reading on August 15, 2017, by a vote of 6-1 (nays: Cunniff) modify the
approved plan for the expansion of the Gardens on Spring Creek by removing the West Sound Wall and
central override sound system; and appropriate $2,431,000 for construction of the Gardens on Spring Creek
facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item also
appropriates the funds needed for the Arts in Public Places artwork that is part of the capital project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
On June 7, 2016, Council adopted Ordinance No. 074, 2016, approving a major amendment for the City
property informally known as the Gardens on Spring Creek (the “Gardens”). The Major Amendment authorized
development of improvements and expansion of the Gardens to include a new “great lawn” area that contai ns
a stage structure and related improvements for outdoor performances (the “Project”), including construction of
four sound mitigation walls in close proximity to the stage and a fifth sound wall along the west boundary of the
Gardens referred to as the “West Sound Wall”, subject to specified conditions.
Council action was preceded by the Planning and Zoning Board approval of the Major Amendment with similar,
but not identical, conditions, but without inclusion of the West Sound Wall.
Ordinance No. 118, 2017 modifies Ordinance No. 074, 2016 to remove the West Sound Wall and central
override component of the sound system. In the process of designing and pricing the Project with the West
Sound Wall, it was determined that there was not enough funding to c omplete the Project as approved. A
Agenda Item 15
Item # 15 Page 2
phased approach was created to include a base bid and two add alternates. In May 2017, the Gardens went
out to bid to build the 5 acres of gardens approved in the Amended Master Plan, including the Great Lawn
performance area and related improvements, the Undaunted Garden, Foothills, and Prairie Gardens.
However, during preparation of the Agenda Item Summary to appropriate the donations, it was determined that
the Project as approved did not include a phased approach. Accordingly, a permit application for the Project
would have to include construction of all the improvements set forth in the approved Amended Master Plan or
a further modification of the approved Amended Master Plan would be needed.
The project bid for gardens buildout came in less than anticipated. To prevent the risk of further increases in
construction costs, it was determined the best course of action was to modify the Major Amendment to remove
the West Sound Wall and central override sound system, estimated to cost $200,000, and secure the extra
funding needed to build the entire project. The contractor agreed to a September 30, 2017 extension.
Compliance with Municipal Code Noise Standards
Lowering the overall operating volume will allow the Gardens to operate while still being in full compliance with
City sound policies.
Staff and professional sound engineers will ensure concerts comply with all applicable Fort Collins Municipal
Code Noise Standards of Chapter 20, Article II: Sound shall be limited to 55dB(A) from 7 a.m. to 8:00 p.m.
and 50 dB(A) from 8:00 p.m. to 7:00 a.m. at the Gardens on Spring Creek property line adjacent to the low
density residential (R-L) Zone District.
Sound measurements will be conducted throughout the concerts b y Gardens and Code Compliance staff.
Code Compliance monitors amplified music at an event which receives a variance that is a benefit to the
public. Noise measurements are performed with a noise level meter and monitored at /around the
neighborhoods to ensure neighbor impact is managed. Code Compliance and the Special Event Team meets
with most large event organizers prior to their event to make recommendations and gather contact information
for the sound person. For smaller events, Code Compliance measures noise and, as necessary, makes
contact with person in control of the event if there is a need to lower the volume.
The goal is to ensure that both the event and the impacted neighborhoods can reasonably coexist; therefore,
Code Compliance works with the event to make sure that it operates within the allowed/variance levels. Code
Compliance could issue a citation to the person in control if they failed to bring the volume within a permitted
volume. The recommended penalty from the last updated list from municipal court is $1,000 and is a criminal
misdemeanor. The maximum penalty is $2,830 or imprisonment not exceeding 180 days.
Lincoln Center staff will be booking performers for The Gardens. T he Lincoln Center contract with performers
and sound engineers includes a $500 fine assessed if decibel levels exceed the defined contractual limit.
Lincoln Center staff monitors the sound with a sound meter. A similar provision will be used for events at this
venue.
Project Budget
The total Project budget is $2,831,000.
Project Design Budget (already spent) $202,000
Project Construction Budget: $2,629,000
TOTAL PROJECT BUDGET: $2,831,000
Throughout the design and development review process, the Friends of the Gardens (“Friends”) Board of
Directors and Gardens staff have been raising money for the construction of the Project. $2,031,000 has been
raised or pledged from local foundations, businesses and individuals who support the Project. Adding these
donations to what was previously appropriated by the City; the current Project funding sources are as follows:
Agenda Item 15
Item # 15 Page 3
Original City Contribution $400,000
Community Leadership Donors $1,000,000
Other Private Donations and Pledges $1,031,000
Additional City Contribution $400,000
TOTAL PROJECT REVENUE $2,831,000
Ordinance No. 104, 2017, appropriates an additional $400,000 from prior year reserves in the General Fund to
bridge the gap between the $2,431,000 of secured Project funding and the total Project budget of $2,831,000.
This item was discussed at the Council Finance Committee meeting on July 11, 2017.
A Neighborhood Meeting was held on September 7, 2017; 12 neighbors attended. Minutes from that meeting
provided as Attachment 4. In addition, a Development Review Process Timeline (Attachment 3) is included,
documenting the Project’s public outreach process.
CITY FINANCIAL IMPACTS
Ordinance No. 104, 2017, will appropriate $2,431,000 to complete the remaining gardens at the Gardens on
Spring Creek. These funds include $2,031,000 raised by the Friends and donations in process. Ordinance
No. 104, 2017, also includes an additional $400,000 from the City of Fort Collins prior year reserves in the
General Fund. The funds will become part of The Gardens capital budget.
From this appropriation, one percent (1%) of the base bid for the project is to be used for Art in Public Places.
Of the total Project amount, $2,500 has been previously transferred to the Cultural Services and Facilities
Fund for APP. This ordinance will transfer 1% of the remaining Project amount of $2,581,000, in the amount of
$25,810 to the Art in Public Places (APP) program. Of the $25,810 APP contribution, $20,131 will be reserved
for the APP artwork and $5,162 reserved for operations of the APP program and $516 for maintenance of the
artwork.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendations.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 15, 2017 (w/o attachments) (PDF)
2. Landscape Site Plan (PDF)
3. Development Review Process Timeline (PDF)
4. Community meeting minutes, September 7, 2017 (draft) (PDF)
5. Powerpoint presentation (PDF)
6. Ordinance No. 118, 2017 (PDF)
7. Ordinance No. 104, 2017 (PDF)
Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY August 15, 2017
City Council
STAFF
Michelle Provaznik, Manager-Gardens on Spring Creek
Chris Van Hall, Legal
SUBJECT
Items Relating to the Gardens on Spring Creek.
EXECUTIVE SUMMARY
A. First Reading of the Ordinance No. 118, 2017, Modifying Ordinance No. 074, 2016, Which Modified the
April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre for
Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 Pertaining to the
Gardens on Spring Creek to Remove Two Conditions, Specifically the West Sound Wall and Central
Override Component of the Sound System.
B. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects
Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund
for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring Appropriations to
the Cultural Services and Facilities Fund for the Art in Public Places Program.
The purpose of this item is modify the approved plan for the expansion of the Gardens on Spring Creek by
removing the western sound wall and central override sound system; and to appropriate $2,431,000 for
construction of the Gardens on Spring Creek facility including the Great Lawn, Undaunted Garden, Foothills
and Prairie Gardens. This item also appropriates the funds needed for the Arts in Public Places artwork that is
part of the capital project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
On June 7, 2016, Council adopted Ordinance No. 074, 2016, modifying a project that was pursuant to a major
amendment for the City property informally known as the Gardens on Spring Creek (the “Project”). This Project
modification included the addition of a sound wall along the western edge of The Gardens property line and a
permanent central sound override system.
The Gardens is requesting the removal of the west sound wall, which wall is opposed by many neighbors,
especially those in closest proximity to the site. The Gardens is also requesting removal of the permanent
central sound override system which is extremely costly and not proven completely effective. Cost savings
from the removal of these two items is approximately $200,000. Proposed Ordinance No. 118, 2017, modifies
the conditions of Council’s prior approval in Section 2 of Ordinance No. 074, 2016. New exhibits are attached
reflecting the new conditions applicable to the Project (modified to remove the west sound wall and the sound
override system and to clarify the obligation to comply with City sound ordinances as they exist from time to
time).
ATTACHMENT 1
Agenda Item 22
Item # 22 Page 2
Gardens staff, in conjunction with Lincoln Center staff and professional sound engineers, will ensure concerts
comply with all applicable Fort Collins Municipal Code Noise Standards of Chapter 20, Article II: Sound shall
be limited to 55dB(A) from 7 a.m. to 8:00 p.m. and 50 dB(A) from 8:00 p.m. to 7:00 a.m. at the Gardens on
Spring Creek property line adjacent to the low density residential (R-L) Zone District.
Sound measurements will be conducted throughout the concerts by Gardens and Code Compliance staff.
The total Project budget is $2,831,000. The current Project breakdown is as follows:
Project Design Budget (already spent) $202,000
Project Construction Budget: $2,629,000
TOTAL PROJECT BUDGET: $2,831,000
Throughout the design and development review process, the Friends of the Gardens Board of Directors and
Gardens staff have been raising money for the construction of the Project. $2,031,000 has been raised or
pledged from local foundations, businesses and individuals who support the Project. Adding these donations
to what was previously appropriated by the City, the current Project funding sources are as follows:
City Contribution $400,000
Community Leadership Donors $1,000,000
Other Private Donations and Pledges $1,031,000
Staff is asking for an additional $400,000 from prior year reserves in the General Fund to bridge the gap
between the $2,431,000 of Project funding sources already identified and the total Project budget of
$2,831,000. This item was discussed at the Council Finance Committee meeting on July 11, 2017. Draft
minutes from the meeting are attached.
City Council’s previous approval of the Project, including the sound wall and sound monitoring system
requirement, is attached to this AIS.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $2,431,000 to complete the remaining gardens at the Gardens on Spring
Creek. These funds include $2,031,000 raised and by the Friends and donations in process. This ordinance
also includes an additional $400,000 from the City of Fort Collins prior year reserves in the General Fund. The
funds will become part of The Gardens capital budget.
From this appropriation, one percent (1%) of the base bid for the project is to be used for Art in Public Places.
Of the total Project amount, $2,500 has been previously transferred to the Cultural Services and Facilities
Fund for APP. This ordinance will transfer 1% of the remaining Project amount of $2,581,000, in the amount of
$25,810 to the Art in Public Places (APP) program. Of the $25,810 APP contribution, $20,131 will be reserved
for the APP artwork and $5,162 reserved for operations of the APP program and $516 for maintenance of the
artwork.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendations.
PUBLIC OUTREACH
Public outreach was completed during the development review process for the project including three public
meetings, two Planning and Zoning Board Meetings and two City Council Meetings.
Agenda Item 22
Item # 22 Page 3
ATTACHMENTS
1. Overall Site Plan (PDF)
2. Ordinance No. 074, 2016 (PDF)
3. Council Finance Committee minutes, July 11, 2017 (draft) (PDF)
4. Powerpoint presentation (PDF)
russell+millsstudiosGardens on Spring Creek0 15 30 60’SPRING CREEK TRAILGREAT LAWNUNDAUNTEDGARDENCOMMUNITYGARDENOverall Site PlanPARKINGC E N T R E A V ESPRING CREEKSTORM WATERDETENTION/WETLANDSROCK GARDENCAFE GROVEBackdrop PlantingProposed Fence, typ.Future Trail Connection to PERCExisting Tree, typ.Stage TentsStage 35’x40’TerracedShade SeatingMoon GardenSound Mitigation WallsFragrance GardenRose GardenHummingbirdGardenChaparral PlantingCactus PlantingOutdoor ClassroomCottage PlantingPlant Select GardenHistoricGroveVehicleAccessFood TrucksGatehouseExisting FencePortableRestroomsBike Parking-150 BikesSingle TrackAdventure TrailRockOutcrops/HogbacksDryStreamPrairieMazeOverlookWeather stationGatheringAreaPotentialBoardwalkDeckFOOTHILLS GARDENPRAIRIE GARDENS H E R W O O D L A T E R A LATTACHMENT 2
GREAT LAWN FACTS
For more project information, visit fcgov.com/gardens
Development Review Process Timeline
The Gardens on Spring Creek is committed to making The Gardens completion project, including the Great Lawn, a success for the greater
Fort Collins community as well as the surrounding neighborhoods and businesses. For project information, visit fcgov.com/gardens.
ACTION ITEM DATE OUTCOMES
Design Charrette March 2014 Gathering ideas and feedback.
Public Meeting #1 July 24, 2014 Changed location of stage sound walls to further east.Rental policies changed to prohibit DJ’s. All music must end by 8 p.m.
Neighbor mailing Sept. 3, 2014 Public Meeting Notification
Public Meeting #2 Sept. 8, 2014 Stage sound walls moved east and lowered.Sound levels monitored for all events with music.
Policy Changes Sept., 2014-2015 City changes process for City projects in development review.
Neighbor mailing Oct. 19, 2015 Gardens send a letter and FAQ sheet.
Planning and Zoning Board Meeting #1 Dec. 17, 2015 Planning and Zoning Board asks Gardens and City Staff to reach out to neighbors.
City Staff and Small Neighbor Stakeholder Group meeting Jan. 19, 2016 Hosted neighborhood meeting.
Public Meeting #3 Feb. 8, 2016
An additional west sound wall was added with permanent sound meters along fence/sound wall, and override system. Considered possibility of temporarily closing portion of Lilac Park adjacent to Gardens.
Letter sent to neighbors March 23, 2016 Letter outlines results of Public Meeting #3.
Neighbor mailing March 24, 2016 Hearing Notification.
Planning and Zoning Board Meeting #2 April 7, 2016 Planning and Zoning Board approved project with central override system but without west sound wall.
City Council Meeting #1 May 17, 2016 Alternate Review of Planning and Zoning decision on first reading.
City Council Meeting #2 June 7, 2016 West sound wall was added to project with evaluation one year after operation on second reading.
Neighbor mailing August 9, 2017 Notification of upcoming meeting, west sound wall, and sound override system removal. Notification of appropriation of funds.
City Council Meeting #3 August 15, 2017 West sound wall and sound override system removed. Funds appropriated for project on first reading. City Council requests more public outreach before second reading.
Neighbor mailing August 24, 2017 Postcard invitation to attend Public Meeting #4.
Public Meeting #4 Sept. 7, 2017 Presented final designs and answered questions about the project.
update 9/8/17
ATTACHMENT 3
.
GARDENS ON SPRING CREEK - COMMUNITY MEETING MINUTES
Community Meeting – Thursday, September 7, 2017
6:00 p.m.
Senior Center, 1200 Raintree Dr., Fort Collins, CO 80524
Staff Members Present: Wendy Williams, Ginny Sawyer, Vincent Kitch, Michelle Provaznik,
Jason Holland
I. Call to Order: 6:05 p.m. – Ms. Sawyer Approximately 12 neighbors attended.
II. Ms. Sawyer introduced Cultural Services Director, Vincent Kitch to the meeting. Mr. Kitch
provided a PowerPoint presentation on the Gardens on Spring Creek’s Great Lawn project. He
addressed the history, design of project, sound mitigation and monitoring, new plans put into
place, and the review and approval process with City Council.
III. Community members expressed their concerns for the project including:
Overall sound levels, the monitoring of sound levels and limitations. Skepticism that the
City will comply with existing noise standards, a lack of trust towards the sound modeling
in general, enforcement concerns.
A guarantee there will only be 8 events per year and need for assurance that this will
continue throughout the years. They were concerned the Master Plan will be amended
again in the future. For reassurance, they asked for a guarantee that no additional changes
would be made.
The type of concerts held at The Gardens. They did not want to have concerts of robust
sound; specifically rock concerts due to sound levels.
One couple expressed the need for an extended wall near the stage/lawn area to block the
sound from their house and neighborhood.
Inadequate toilet facilities.
Overflow parking on neighborhood streets.
Frustration they were not being heard.
IV. Staff addressed all questions and concerns. Answers included the reassurance of only 8 events per
year and concerts that complement the Gardens on Spring Creek - which does not include rock
concerts.
Staff explained the West Sound Wall would not have a significant effect on the sound decibels
compared to the solution of lowering the sound to 85 decibels. Staff covered designs and sound
mitigation plans and how the final design responds to community concerns.
Mr. Holland from Planning and Zoning also communicated that during the Planning and Zoning
process the neighbors had primarily been against the West Sound Wall, and then inquired if the
ATTACHMENT 4
community had a change of mind, of which they had replied “No.” He also informed them that
most all City Project Plans get amended over the life of the facility and pointed out the Senior
Center had been amended a number of times.
As the first concert will not take place until 2019 at the earliest, parking will be negotiated with the
Colorado State University Research Foundation and the Natural Resources Research Center in the
coming years.
Staff expressed their desire to work with the community on this project, and reassured them of
their commitments, process, and of the project itself.
VIII. Adjournment: 7:01 p.m.
1
Gardens on Spring Creek Review
Vincent E. Kitch, Cultural Services Director
Michelle Provaznik, Garden on Spring Creek Director
9-19-2017
ATTACHMENT 5
Gardens Site Plan
2
Development Review Process Ti meline
3
2014-15
•Design Charrettes & Public Meetings
•Planning & Zoning Board Meeting
2016
•Stakeholder and Public Meetings
•Planning & Zoning Board
•City Council Alternate Review
2017
•City Council West Wall Addition
•Contractor RFP & Bid
•City Council West Wall & Sound Override
Removal
Sound Mitigation & Monitoring
4
•Design Phase Iterations
•Research
•Best Practice Models
Sound Mitigation & Monitoring
•Code Compliance Monitors Events
•Noise measurements Onsite
•Noise Measurements in Neighborhood
•Vo lume Adjustments to meet Code/Variance
•Goal Reasonably Coexist
•Code Compliance Citation
5
Sound Mitigation & Monitoring
•8 Events per Ye ar
•City Controlled
•6:00-8:00 P.M.
•Ti cketed Events to Limit Attendance
•No DJ’s
•Stage Not Rentable for Live Music Events
6
Public Meeting
Public Meeting 9/7/17
•Staff Presented Final Designs
•Answered Questions
•Addressed Concerns
•12 Neighbors Attended
7
Key Concerns
•Sound Levels & Mitigation
•Sound Modeling
•Number & Ty pe of Annual Events
•Future Amendment of the Plan
•Compliance with Noise Ordinance
•Extension of Stage Sound Wa lls
•To ilet Facilities Near Lilac Park
•Attendance & Parking
•Lack of Tr ust
Final Steps
8
•Aug. 15, 2017 City Council Approved First Reading
•Removed Western Wall & Sound Override
System
•Appropriated Project Funding
•Sept. 19, 2017 City Council 2nd Reading
We stern Sound Wa ll
9
•Late Addition
•P&Z Approved
Without Wall
•Alternate Review
•City Council
10
Sound Model West Sound Wall Model
Sound Model –Western Transition
> 55 dB
> 45 dB
> 50 dB
-1-
ORDINANCE NO. 118, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MODIFYING ORDINANCE NO. 074, 2016, WHICH MODIFIED THE APRIL 7, 2016
PLANNING AND ZONING BOARD DECISION APPROVING THE MAJOR AMENDMENT
TO THE CENTRE FOR ADVANCED TECHNOLOGY 22nd FILING, COMMUNITY
HORTICULTURE CENTER, #MJA 150006 PERTAINING TO THE GARDENS ON SPRING
CREEK TO REMOVE TWO CONDITIONS, SPECIFICALLY THE WEST SOUND WALL
AND CENTRAL OVERRIDE COMPONENT OF THE SOUND SYSTEM
WHEREAS, the City is the owner of certain property known as the “Gardens on Spring
Creek” (or “Gardens”) and the Applicant for the Major Amendment to the Centre for Advanced
Technology 22nd Filing, Community Horticulture Center, #MJA 15006 (the “Major
Amendment”); and
WHEREAS, the Major Amendment reflects a proposed plan to complete development by
the City of a number of future components outlined in the original master plan for the Gardens
approved in 2001, including new and expanded garden areas, the “great lawn” area that includes
a covered stage structure and improvements for outdoor performances (referred to herein as the
“Performance Area”), modified circulation through the gardens and to the Spring Creek Trail, a
bicycle parking area, garden and arbor structures in various gardens and operational and
management standards for events in the Performance Area (collectively, the “Project”); and
WHEREAS, in addition to the stage and related improvements such as the sound system
and mixing station, the approved Major Amendment included five sound mitigation walls related
to the Performance Area - four in close proximity to the stage and a fifth sound mitigation wall
along the west boundary of the Gardens (referred to herein as the “West Sound Wall”) and a
sound monitoring system tied to a central override component system to be installed at the sound
mixing station (the "Override System"), both of which were intended to mitigate the impact of
sound from concert events involving amplified music on the neighborhood adjacent to the
Gardens on the west; and
WHEREAS, at its regular meeting on April 7, 2016, the City’s Planning and Zoning
Board (the “Board”) held a duly noticed public hearing, considered citizen comment and input
on the Project proposed by the Major Amendment, and voted unanimously to approve the Centre
for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 subject to
certain conditions (the "Board Decision"); and
WHEREAS, the Board Decision removed the condition and did not require construction
of the West Sound Wall as a part of the Project; the Board Decision did, however, include the
condition and require installation of the Override System; and
WHEREAS, since the City was the applicant for approval of the Major Amendment to
permit construction of the Project, pursuant to Section 2.2.12(B) of the Fort Collins Land Use
Code ("Land Use Code") the Board Decision was not subject to appeal but was instead
considered by City Council as an "alternate review" and, on June 7, 2016, Council exercised its
legislative power under Section 2.2.12(B) and adopted Ordinance No. 074, 2016, which
-2-
modified the Board Decision to add a condition requiring installation of the West Sound Wall
(the "Council Approval"); and
WHEREAS, the bids for the Project are in excess of available funding and staff has
recommended that Council further modify the Project to remove the requirement for installation
of the West Sound Wall and the Override System; and
WHEREAS, Resolution 2017-017 Rules of Procedure Governing the Conduct of City
Council Meetings and Work Sessions (“Rules”) allows Council to change an action previously
taken by the Council, including rescinding or amending a prior ordinance; and
WHEREAS, Council now wishes to exercise its legislative power to modify Ordinance
No. 074, 2016 setting forth the Council Approval of the Project, with conditions through the
adoption of this Ordinance which removes the conditions that require construction of the West
Sound Wall and Sound Override System as a part of the Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Council hereby adopts this Ordinance pursuant to the Rules and Land
Use Code Section 2.2.12(B) as an exercise of its legislative and administrative power and in its
sole discretion to further modify the Board Decision and prior Council Approval regarding this
City Project, and consider factors in addition to or in substitution of the standards of the Land
Use Code, including but not limited to the provisions of Division 2.17 requiring that City
projects be processed in the manner described by the Land Use Code.
Section 3. That in light of budgetary and fundraising considerations with respect to
the Project, Ordinance No. 074, 2016, which currently sets forth the Council Approval of the
Project, is hereby modified to replace the conditions set forth in Section 2 of Ordinance No. 074,
2016, with the following modified conditions:
A. The requirements set forth on Amended Exhibit “A” attached hereto and incorporated
herein by reference, shall constitute the general standards related to time limitations,
sound monitoring, and security and safety requirements for the Project.
B. The City Project shall include the construction of sound mitigation walls substantially
consistent with the design approved by the Planning and Zoning Board and shown on
Amended Exhibit “B” attached hereto and incorporated herein by this reference.
C. After one full year of operation of the constructed City Project, the Council may by
ordinance adjust the limit on the number of music concert events per year.
-3-
D. That nothing set forth in the Board Decision or prior Council Approval as modified by
this Ordinance shall relieve the City or the Project from compliance with ordinances
regulating sound and noise set forth in the Fort Collins City Code, as they may exist
from time to time.
Section 4. That notwithstanding the provisions of Section 2 above, staff is instructed
to administratively incorporate into and update the approved plans for the Project to include the
modified conditions set forth in Section 3 of this Ordinance.
Section 5. That the Board Decision and Council Approval shall continue in effect
unmodified except as expressly set forth herein.
Introduced, considered favorably on first reading, and ordered published this 15th day of
August, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
1
EXHIBIT A
Notes included with the Gardens on Spring Creek Amended
Plan (See sheet LS003 of the Site Plan)
DRAFT 3-23-2018
THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL
REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS.
GENERAL EVENT STANDARDS:
1.ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS
SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE
STANDARDS, AS THEY EXIST FROM TIME TO TIME OF CHAPTER 20, ARTICLE II:
SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A)
FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY
LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND
SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM
8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE
ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT.
2.THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH
AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL
BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT
EVENTS SHALL BE TICKETED.
3.THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC
FESTIVALS.
4.A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A
PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE
PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED
TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE:
GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND
TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE,
YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST,
HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE
CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS.
SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE
MUNICIPAL CODE.
AMENDED
2
5.PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND
MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH
AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND
ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF.
ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW.
TIME LIMITATION STANDARDS:
1.ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT
SHALL CONCLUDE NO LATER THAN 8PM.
2.EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT
8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED
SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME.
3.ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING
CREEK PREMISES NO LATER THAN 10 P.M.
4.ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL
SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10
P.M.
5.ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE
BY 9 P.M.
SOUND MONITORING STANDARDS:
1.DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND
ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND
REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL
CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO
CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION.
2.FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE
PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO
MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS.
3.MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND
ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC
OPERATIONS AND MANAGEMENT PLAN.
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SECURITY AND SAFETY REQUIREMENTS:
1.DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON
SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING
ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST
OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY
COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK.
2.EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF
PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL
MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL
BE TURNED OFF NO LATER THAN 10 P.M.
3.CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO
FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC
CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS
CONSTRUCTED AT THIS LOCATION IN THE FUTURE.
ADDITIONAL GENERAL STANDARDS:
1.ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A
PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED
REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE
SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS.
MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE
DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN.
2.“NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC
EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON
STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC
PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED
IN THE GSC OPERATIONS AND MANAGEMENT PLAN.
3.OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET
PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE
TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100
REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE
PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE
SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS
SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET
PARKING DEMANDS FOR ALL GARDENS EVENTS.
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RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR
ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE
APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH
THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY
THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR
MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL
BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO
THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY
SUCH TRANSFER.
2.LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING
CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND
SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE
PLANS.
FLOODPLAIN NOTES:
1.PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100-
YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK.
2.ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE
FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS
MUNICIPAL CODE.
3.NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD
SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS
ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT
WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO
THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL
DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE
PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN
FOR FURTHER DETAILS AND RESTRICTIONS.
4.ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY
ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER
TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT
PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS.
NATURAL AREA BUFFER REQUIREMENTS:
1.STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR
SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH
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4.THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND
CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY
MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE
REVIEWED AND APPROVED.
5.THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE
PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN
ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL
DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT
SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE
ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES.
NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE
DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS
AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE
PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT
SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS
OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT
SHALL AT A MINIMUM ADDRESS THE FOLLOWING:
a)CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD
COMMITTEE.
b)PARKING MANAGEMENT AND ENFORCEMENT.
c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT.
d)MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR
PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT
AMPLIFICATION AND VOCAL PERFORMANCES.
e)ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR
INCLUDING: LOITERING, DAY-CAMPING AND LITTERING.
f)MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS.
g)THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE
COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR.
h)COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS.
REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL:
1.USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY
LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY
FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED
FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE
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THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE
ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT.
2.ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND
AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE
SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE
BUFFER ZONES.
3.CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE
DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND
ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK
CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS.
4.CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF
THE DEVELOPMENT DURING CONSTRUCTION.
STANDARD PLAN NOTES AND REQUIREMENTS:
1.REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION
INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND
SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS.
2.REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS,
AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS,
WALKS AND OTHER SURVEY INFORMATION.
3.ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN
ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS.
4.ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE
REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A
CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF
CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND
UNNECESSARY DIFFUSION.
5.FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY
STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE
EXTINGUISHING SYSTEM.
6.ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED.
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7.ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS.
ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE
INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES.
ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY
DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN
DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE.
8.ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO
CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS,
DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS
PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS
STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF
COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST
CERTIFICATE OF OCCUPANCY.
GENERAL LANDSCAPE NOTES:
1.MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES,
WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL
BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS
PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT,
LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND
SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL
LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE
MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL
LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED
AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND
CONDITION.
2.THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN
TREES/SHRUBS AND UTILITIES:
40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS
15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS
10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN
LINES
6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE
LINES.
4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER
LINES
4 FEET BETWEEN TREES AND GAS LINES
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3.THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL
PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND
OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR
PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON
THIS PLAN.
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ORDINANCE NO. 104, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND
AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR
TRANSFER TO THE CAPITAL PROJECTS FUND FOR CONSTRUCTION OF THE FINAL
FIVE ACRES OF THE GARDENS ON SPRING CREEK PROJECT AND TRANSFERRING
APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND
FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, on June 7, 2016 Council adopted Ordinance No. 074, 2016 approving a
major amendment for the City property informally known as the Gardens on Spring Creek. This
amendment includes construction of five acres of gardens including the Great Lawn, Undaunted
Garden, Foothills and Prairie Gardens; and
WHEREAS, throughout the design and development review process, the Friends of the
Gardens Board of Directors and Gardens Staff have been raising money for the construction of
these new gardens; and
WHEREAS, the total budget for the entire Project is $2,831,000; and
WHEREAS, $2,031,000 has been raised from local foundations, businesses and
individuals who support the Project; and
WHEREAS, $250,000 was appropriated in the 2013 Budget for the Great Lawn; and
WHEREAS, $150,000 was appropriated in the 2013 Budget Adjustment Ordinance for
the Undaunted Garden; and
WHEREAS, this ordinance also appropriates an additional $400,000 from the General
Fund for this project; and
WHEREAS, this appropriation of $2,431,000 in addition to the existing funding of
$400,000 to provide a total of $2,831,000 towards the Project; and
WHEREAS, construction will not begin on the project until a permit is issued and a
permit will not be issued until the Project, as previously approved, is ready to be built or City
Council amends its previous approval; and
WHEREAS, this project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places (APP) program; and
WHEREAS, $2,500 for APP was previously appropriated and transferred to the APP
program on the $250,000 portion of the funds, therefore, APP of $25,810 will be appropriated
and transferred to the APP program from the remaining project funds of $2,581,000 ($2,031,000
in donations, $150,000 of prior appropriation and $400,000 in new City appropriation); and
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WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year; 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
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for transfer to
the Capital Projects Fund for the final five acres of The Gardens on Spring Creek Project.
Section 3. That there is hereby appropriated, upon receipt, from unanticipated
revenue in the Capital Projects Fund the sum of TWO MILLION THIRTY ONE
THOUSAND DOLLARS ($2,031,000) for the final five acres of The Gardens on Spring Creek
Project.
Section 4. That the unexpended appropriated amount of TWENTY THOUSAND
ONE HUNDRED AND THIRTY TWO DOLLARS ($20,132) in the Capital Projects Fund is
authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for
the Art in Public Places Art Project.
Section 5. That the unexpended appropriated amount of FIVE THOUSAND ONE
HUNDRED SIXTY TWO DOLLARS ($5,162) in the Capital Projects Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public
Places Program Operations.
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Section 6. That the unexpended appropriated amount of FIVE HUNDRED
SIXTEEN DOLLARS ($516) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Maintenance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
August, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk