HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/19/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager Interim 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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
September 19, 2017
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring September 17-23 as Constitution Week.
B. Proclamation Declaring September 25 through October 1, 2017 as Diaper Need Awareness Week.
C. Proclamation Declaring October 8, 2017 as Museo de Tres Colonias Day.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
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 may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
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. Items remaining on the Consent Calendar will be approved by City Council with
one vote. 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.
City of Fort Collins Page 3
1. Items Relating to the North College Improvements Project–Canal to State Highway 1.
A. Second Reading of Ordinance No. 092, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Department of Transportation, and Appropriating Unanticipated Revenue from Larimer
County in the Capital Projects Fund for the North College Improvements Project – Canal to State
Highway 1 Project and for Transfer from the Capital Projects Fund to the Cultural Services and
Facilities Fund for the Art in Public Places Program, and Appropriating Reserves from the Capital
Expansion Fund for Transfer to the Capital Projects Fund for the North College Improvements
Project – Canal to State Highway 1 Project and for Transfer to the Cultural Services and Facilities
Fund for the Art in Public Places Program.
B. Second Reading of Ordinance No. 108, 2017, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the North College
Improvements Project – Canal to State Highway 1.
Ordinance No. 092, 2017 appropriates $810,000 in funding from a Federal Grant and Larimer
County as well as appropriate $400,000 in funding from the Transportation Capital Expansion Fee.
These funds will be used for the design, property acquisition, and construction of the sidewalks and
pedestrian bridges, and could include contributions to the overall roadway improvements.
Ordinance No. 108, 2017 authorizes the use of eminent domain authorization, if deemed necessary,
to acquire property interests needed for construction improvements. Both Ordinances were
unanimously adopted on First Reading on September 5, 2017.
2. Second Reading of Ordinance No. 093, 2017, Appropriating Unanticipated Grant Revenue From the
North Front Range Metropolitan Planning Organization in the Capital Projects Fund for the
Horsetooth Road and College Avenue Intersection Improvements Project.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, appropriates funds
for the design, right-of-way acquisition, and construction of the Horsetooth Road and College Avenue
Intersection Improvements Project.
3. Second Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of
Fort Collins Relating to the Functions of the Cultural Resources Board.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, updates the
functions of the Cultural Resources Board (CuRB) as described in City Code to better reflect the
actual scale and responsibilities of the Cultural Services Department. The current City Code
language is outdated. It references advising the Museum director, and matters pertaining to the
operations of the Lincoln Center. The Cultural Services Director, staff liaison to the CuRB, is
responsible for directing the Lincoln Center, Museum of Discovery, Gardens on Spring Creek,
Carnegie Creative Center, and Art in Public Places program. The proposed new language more
accurately reflects the entire scope of functions currently performed by the Cultural Services
Department.
4. Second Reading of Ordinance No. 119, 2017, Appropriating Prior Year Reserves in Anticipation of
Grant Revenue From the State of Colorado Department of Homeland Security-Office of Emergency
Management and Authorizing a Transfer to the Cultural Services Fund for the Art in Public Places
Program for the Mulberry/Riverside/Myrtle Storm Sewer Project.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, appropriates
$1,280,663 from prior year reserves in anticipation of grant revenue from the State of Colorado
Department of Homeland Security-Office of Emergency Management (DHSEM) and authorizing
transfers to the Cultural Services Fund for the Art in Public Places (APP) program. The grant will
fund the construction of the Mulberry/Myrtle/Riverside Storm Sewer project to mitigate flooding.
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5. Second Reading of Ordinance No. 121, 2017, Annexing the Property Known as the Newton First
Annexation to the City of Fort Collins, Colorado.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, annexes 0.07 acres
located at 1516 West Vine Drive, between North Shields Street and North Taft Hill Road. The
Newton First Annexation is the first of two sequential annexations, which are as follows: Newton First
- 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres.
6. Second Reading of Ordinance No. 122, 2017, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Newton First Annexation to the City
of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, zones the property
included in the Newton First Annexation into the Urban Estate (UE), zone district.
7. Second Reading of Ordinance No. 123, 2017, Annexing the Property Known as the Newton Second
Annexation to the City of Fort Collins, Colorado.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, annexes 1.3760
acres located at 1516 W Vine Drive in-between North Shields Street and North Taft Hill Road. The
Newton Second Annexation is the second of two sequential annexations, which are as follows:
Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463
acres.
8. Second Reading of Ordinance No. 124, 2017, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Newton Second Annexation to the
City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, zones the property
included in the Newton Second Annexation into the Urban Estate (UE), zone district.
9. Second Reading of Ordinance No. 125, 2017, Designating the McCarty/Sheely/Dreher Property,
1300 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, designates the
McCarty/Sheely/Dreher Property, located at 1300 West Mountain Avenue, as a Fort Collins
Landmark. The owners of this property, Anthony and Heather McNeill, have submitted this
application requesting consideration of the property for such designation.
10. Second Reading of Ordinance No. 126, 2017 Authorizing the Conveyance of a Permanent Utility
Easement and a Temporary Construction Easement on City Property Located at 625 9th Street to
Public Service Company of Colorado.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, authorizes the
conveyance of easements to Public Service Company of Colorado d/b/a Xcel Energy. The
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easements are needed relating to the Xcel Energy project to provide Compressed Natural Gas for
City vehicles, to the City Streets Department, located at 625 9th Street in Fort Collins.
11. First Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use Code
Regarding Off-Site Construction Staging.
The purpose of this item is to revise the Land Use Code (LUC) to include off-site construction staging
as a permitted use. This Ordinance will create a license process to establish this use and provide
requirements for approval of off-site construction staging.
12. Resolution 2017-086 Finding Substantial Compliance and Initiating Annexation Proceedings for the
I-25 Third Annexation.
The purpose of this item is to initiate annexation proceedings for the Highway I-25 Third Annexation.
This is a voluntary annexation. The applicant, Colorado Department of Transportation Region Four
Transportation Director, Johnny Olson, has submitted a written petition requesting a single
annexation of approximately 290-acres of interstate right-of-way. The requested zoning for this
annexation is a combination of Community Commercial (CC), Industrial (I), Public Open Lands
(POL), and Rural Lands District (RUL). These are the zones that border I-25 and also conform to the
City of Fort Collins Structure Plan. This annexation continues the City of Fort Collins' practice of
annexing I-25 right-of-way.
13. Resolution 2017-087 Authorizing Participation in the Compact of Colorado Communities.
The purpose of this item is to consider a proposal to join the Compact of Colorado Communities. The
Compact of Colorado Communities is a newly forming organization that will focus on building
capacity in Colorado local governments and increasing community collaboration to rapidly scale up
and advance climate action planning and implementation. Benefits include access to pro bono
resources and tools made available exclusively through the Compact, the opportunity to identify and
establish new partners and funding resources for climate action, and free climate trainings for up to
25 staff/year (in addition to free trainings required for participation.) To participate, the City would
pay annual dues of $3,600, participate in the annual meeting, commit to the annual training
requirements, and announce a new goal or initiative that best fits Fort Collins needs by December
31, 2019.
14. Resolution 2017-088 Appointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins
Municipal Court.
The purpose of this item is to appoint Teresa Ablao as an Assistant Municipal Judge.
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
Climate Wise Program (staff: Heidi Wagner)
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 (three 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. Items Relating to the Gardens on Spring Creek. (staff: Michelle Provaznik, Vincent Kitch; 10
minute staff presentation; 30 minute discussion)
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 Appropriations 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.
16. Items Relating to Short Term Rental Ordinance Amendments. (staff: Ginny Sawyer; no staff
presentation; 30 minute discussion)
A. Second Reading of Ordinance No. 127, 2017, Amending Chapter 15 of the Code of the City of Fort
Collins Regarding Short Term Rental Licensing Regulations.
B. Second Reading of Ordinance No. 128, 2017, Amending the City of Fort Collins Land Use Code
Short Term Rental Regulations.
These Ordinances, adopted on First Reading by a vote of 6-1 (Nays: Overbeck) amend the City
Code and Land Use Code to allow short term rentals (STRs) that were in existence prior to March
31, 2017, but did not acquire sales and lodging tax licenses to apply for a STR license. Two other
proposed amendments were removed on First Reading and will not be considered. A minor change
to the recitals was made to reflect the fact that the amendments only address the extension of the
date by which Short Term Rental operators may obtain City tax licenses.
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CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
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, it is the privilege and duty of the American people to commemorate the
anniversary of the drafting of the Constitution of the United States of America with appropriate
ceremonies; and
WHEREAS, September 17, 2017 marks the two hundred and thirtieth anniversary of the
drafting of the Constitution of the United States of America by the Constitutional Convention;
and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
which will commemorate the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by
the President of the United States of America, designating September 17 through 23 as
Constitution Week.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim September 17 through 23, 2017 to be
CONSTITUTION WEEK
in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in
1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our
liberties, remembering that lost rights may never be regained.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
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PROCLAMATION
WHEREAS, diaper need, the condition of not having a sufficient supply of clean diapers
to ensure that infants and toddlers are clean, healthy and dry, can adversely affect the health and
welfare of infants, toddlers and their families; and
WHEREAS, the average infant or toddler requires an average of 50 diaper changes per
week over three years, yet diapers cannot be bought with food stamps or WIC vouchers,
therefore obtaining a sufficient supply of diapers can cause economic hardship to families; and
WHEREAS, a supply of diapers is generally an eligibility requirement for infant and
toddlers to participate in childcare programs and quality early education programs; and
WHEREAS, the people of Fort Collins recognize that addressing diaper need can lead to
economic opportunity for the state’s low-income families and can lead to improved health for
families and their communities; and
WHEREAS, Fort Collins is proud to be home to various community organizations that
recognize the importance of diapers in helping provide economic stability for families and
distribute diapers to poor families through various channels, including the distribution of 1300
diapers through the Matthews House Community Life Center at Fullana.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim the week of September 25
through October 1, 2017 as
DIAPER NEED AWARENESS WEEK
in Fort Collins and encourage our citizens to donate generously to diaper banks, diaper drives,
and those organizations that distribute diapers to families in need to help alleviate diaper need in
Fort Collins
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
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PROCLAMATION
WHEREAS, the City of Fort Collins in 2001, designated the adobe home of the Romero family
as a local landmark and later acquired it as a city asset in July 2003, maintaining it ever since; and
WHEREAS, at that time the Romero home became the site of the Museo de Tres Colonias,
reflecting the three original surrounding neighborhoods of Alta Vista, Andersonville and Buckingham.
since that time the Museo and its grounds have flourished as a working museum of Mexican family life
through the committed contributions of a legion of volunteers of all cultures, creating a collection of
artifacts and becoming a valued cultural meeting place and tour site; and
WHEREAS, during that period of the Museo’s growth, founder and dedicated volunteer Betty
Aragon Mitotes, helped the Museo grow by working with the community and serving on the board for 12
years; and
WHEREAS, the current Museo Board of Directors, and its dedicated President, Jerry Gavaldon,
have succinctly defined the Museo’s mission to be to provide a living history of Hispanic life and its
cultural significance to Fort Collins and surrounding communities; and
WHEREAS, among the many methods the Museo utilizes to realize its mission are: supporting a
culture of tolerance and understanding; fostering the continuous celebration of Hispanic culture,
traditions, and holidays; interpreting family life in the Tres Colonias; stressing the long history and rich
contributions of the Hispanic community here; creating interactive experiences and tours of the Museo
and its gardens for schoolchildren and the general public; and, as a charitable organization, being a
recipient of period items, as well as monetary and in-kind donations; and
WHEREAS, plans for a larger cultural center at the Museo and adjacent grounds are being
explored by the Museo Board, in consultation with the City government; and
WHEREAS, the Museo will hold its grand re-opening on October 8th, with a festive community
day of Museo tours, food and music.
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim
October 8, 2017, as
MUSEO DE TRES COLONIAS DAY
and congratulate and thank Betty Aragon Mitotes, Jerry Gavaldon, the Museo Board of Directors and all
past and present volunteers for their outstanding efforts in making the Museo what it has become and
what it will grow to become as a quality regional Museum and learning facility.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 19th day of September, A.D. 2017.
__________________________________
ATTEST: Mayor
_______________________________
Interim City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kerri Allison, Real Estate Specialist II
Chris Van Hall, Legal
SUBJECT
Items Relating to the North College Improvements Project–Canal to State Highway 1.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 092, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Department of Transportation, and Appropriating Unanticipated Revenue from Larimer County in
the Capital Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project
and for Transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in
Public Places Program, and Appropriating Reserves from the Capital Expansion Fund for Transfer to the
Capital Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project and
for Transfer to the Cultural Services and Facilities Fund for the Art in Public Places Program.
B. Second Reading of Ordinance No. 108, 2017, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements in Connection with the North College Improvements
Project – Canal to State Highway 1.
Ordinance No. 092, 2017 appropriates $810,000 in funding from a Federal Grant and Larimer County as well
as appropriate $400,000 in funding from the Transportation Capital Expansion Fee. These funds will be used
for the design, property acquisition, and construction of the sidewalks and pedestrian bridges, and could
include contributions to the overall roadway improvements. Ordinance No. 108, 2017 authorizes the use of
eminent domain authorization, if deemed necessary, to acquire property interests needed for construction
improvements. Both Ordinances were unanimously adopted on First Reading on September 5, 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 092, 2017 (PDF)
3. Ordinance No. 108, 2017 (PDF)
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Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kerri Allison, Real Estate Specialist II
Chris Van Hall, Legal
SUBJECT
Items Relating to the North College Improvements Project–Canal to State Highway 1.
EXECUTIVE SUMMARY
A. Resolution 2017-063 Authorizing the Mayor to Execute a Contract Amendment to the Intergovernmental
Agreement Between the City and the Colorado Department of Transportation for the North College
Improvements Project - Canal to State Highway 1.
B. Resolution 2017-064 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City
and Larimer County for the North College Improvements Project - Canal to State Highway 1.
C. First Reading of Ordinance No. 092, 2017, Appropriating Unanticipated Grant Revenue from the Colorado
Department of Transportation, and Appropriating Unanticipated Revenue from Larimer County in the
Capital Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project and
for Transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public
Places Program, and Appropriating Reserves from the Capital Expansion Fund for Transfer to the Capital
Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project and for
Transfer to the Cultural Services and Facilities Fund for the Art in Public Places Program.
D. First Reading of Ordinance No. 108, 2017, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements in Connection with the North College Improvements
Project – Canal to State Highway 1.
The purpose of this item is the following for the North College Improvements Project – Canal to State Highway
1:
Enable the City to receive additional federal grant and local matching funds by authorizing the Mayor to
sign two intergovernmental agreements (IGA). The first IGA is with the Colorado Department of
Transportation (CDOT) and the second IGA is with Larimer County.
Appropriate $810,000 in funding from a Federal Grant and Larimer County as well as appropriate
$400,000 in funding from the Transportation Capital Expansion Fee. These funds will be used for the
design, property acquisition, and construction of the sidewalks and pedestrian bridges, and could include
contributions to the overall roadway improvements.
Obtain eminent domain authorization, if deemed necessary, to acquire property interests needed for
construction improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions and Ordinances on First Reading.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5941 : SR 092 108 N College Project)
Agenda Item 11
Item # 11 Page 2
BACKGROUND / DISCUSSION
North College Avenue (US Highway 287) is a major thoroughfare for both the City of Fort Collins and the
Colorado Department of Transportation (CDOT). In 2016, the City finished rehabilitating the North College
corridor within the City limits through the addition of multi-modal, roadway, urban design, and utility
improvements. CDOT is currently constructing improvements on US Highway 287 from State Highway 1 to the
LaPorte Bypass, including the intersections at State Highway 1 and at the LaPorte Bypass.
Following previous City improvements along the North College corridor and CDOT’s current project, a gap in
pedestrian and bicycle infrastructure will exist along both sides of US Highway 287 for approximately 1,000
feet. The area of missing infrastructure includes a crossing over the Larimer & Weld Canal.
In 2012, the City was awarded federal Congestion Mitigation and Air Quality (CMAQ) funds by the North Front
Range Metropolitan Planning Organization (NFRMPO) to initiate a project addressing the lack of pedestrian
and bicycle facilities along US Highway 287 between the city limits and State Highway 1. Total federal and
local matching funds were $908,323. Resolution 2015-007 and Ordinance No. 009, 2015 executed the CMAQ
IGA with CDOT and appropriated the funds.
After project initiation, the City developed conceptual design alternatives and cost estimates. It was determined
that additional funding was necessary to construct sidewalks and pedestrian bridges on both sides of the road.
The project is both inside the City limits and unincorporated Larimer County, and is located on US Highway
287 (a CDOT managed road). All three agencies are coordinating in order to reconstruct the roadway and
construct sidewalks on both sides of the road. Larimer County was awarded a federal Transportation
Alternatives Program (TAP) grant for pedestrian and bicycle improvements. Larimer County will provide the
local matching funds required by the grant, with a total of $810,000 in TAP and local matching funds. CDOT,
Larimer County and the City agreed that the City was best positioned to incorporate the TAP funds into the
project through an amendment to the existing IGA. A separate IGA is needed between the City and Larimer
County to provide the required local matching funds.
As part of the multi-agency collaboration, the City agreed to bring additional funds in order to assist in
completion of the overall project. Staff identified the Transportation Capital Expansion Fee as an eligible
source of the additional funds. Larimer County leadership also agreed to bring additional funds to the project
for the same goal. CDOT agreed to bring additional resources to further the completion of the overall project.
Design of the sidewalks and pedestrian bridges is currently underway. CDOT is beginning the roadway design
and intends to incorporate roadway construction into the current CDOT US Highway 287 project. Roadway
improvements are anticipated to include new pavement, curb and gutter and storm water improvements.
Sidewalk and pedestrian bridge construction is tentatively scheduled for the summer and fall of 2018.
To construct the sidewalks and pedestrian bridges, the City will need to acquire certain property interests.
The descriptions on Attachment 2, “Proposed Right of Way” map, correspond to the parcel numbers in the
legal descriptions attached to the resolution. For example, Exhibit A, which is Parcel Number: RW1, is shown
on the right hand side of the map.
The acquisitions include right-of-way, permanent easements, and temporary easements from nine property
owners. Since the Project is located on a CDOT facility (US Highway 287) and is partially funded by federal
grants, aspects of the Project, including property acquisitions, must comply with procedures for federally
funded projects. The acquisitions for this Project conform to the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91-646). In
accordance with these regulations, the City must inform property owners about the possible use of eminent
domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. The authorization
from City Council is needed prior to sending this information to property owners. This letter is the first official
step in the acquisition phase and happens prior to the appraisals. Staff intends to negotiate in good faith with
the affected owners and is optimistic that all property negotiations can be completed prior to the start of the
Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5941 : SR 092 108 N College Project)
Agenda Item 11
Item # 11 Page 3
such action is deemed necessary. The descriptions on the attached “Proposed Right of Way” map correspond
to the parcel numbers in the legal descriptions attached to the resolution. For example, Exhibit A, which is
Parcel Number: RW 1, is shown on the right hand side of the map.
Staff has begun meeting with the affected property owners to discuss the project and the impacts to their
property. The property owners were notified that City staff would be requesting authorization to use eminent
domain to acquire necessary property interests, if needed. City staff received no objections to this proposed
request. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot
be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely
manner, the City may consider the use of eminent domain.
The affected property owners were notified by certified mail of this request to Council for authorization of
eminent domain prior to the first reading of this Ordinance.
Because the Project will cost over $250,000, 1% of the appropriated funds will be appropriated to APP in
accordance with City Code, except for the TAP Grant which is ineligible for APP.
CITY FINANCIAL IMPACTS
The following is a summary of the project funding:
Prior Appropriated Funds
Prior Appropriated Federal Funds (CMAQ Grant) $752,000
Prior Appropriated Local Matching Funds $156,323
Total Prior Appropriation $908,323
Funds to be Appropriated with this Action
Federal Funds to be Appropriated (TAP Grant) $648,000
Local Matching Funds to be Appropriated (Larimer
County Funds)
$162,000
Transportation Capital Expansion Fee Funds to be
Appropriated
$400,000
Total Funds to be Appropriated per this Action $1,210,000
Total Current Project Budget $2,118,323
Transfer to Art in Public Places $5,620
PUBLIC OUTREACH
City staff is maintaining a project website through the Engineering homepage as the first resource for public
outreach. Staff has met with various stakeholders including the North Fort Collins Business Association,
property owners, local residents, the Larimer & Weld Canal Company and Bicycle Fort Collins.
After the final scope and budget are developed through the fall of 2017, staff will continue to meet with
stakeholders through final design and construction.
ATTACHMENTS
1. Project Location Map (PDF)
2. Proposed Right-of-Way Map (PDF)
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5941 : SR 092 108 N College Project)
-1-
ORDINANCE NO. 092, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION, AND APPROPRIATING
UNANTICIPATED REVENUE FROM LARIMER COUNTY IN THE CAPITAL
PROJECTS FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT-
CANAL TO STATE HIGHWAY 1 PROJECT AND FOR TRANSFER FROM THE CAPITAL
PROJECTS FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE
ART IN PUBLIC PLACES PROGRAM, AND APPROPRIATING RESERVES FROM THE
CAPITAL EXPANSION FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND
FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT-CANAL TO STATE
HIGHWAY 1 PROJECT AND FOR TRANSFER TO THE CULTURAL SERVICES AND
FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, in 2012, the City was awarded federal Congestion Mitigation and Air
Quality (“CMAQ”) funds by the North Front Range Metropolitan Planning Organization
(“NFRMPO”) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway 1 also known as the North College
Improvements Project Canal to State Highway 1 Project (the “Project”); and
WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015, approved the execution
of an Intergovernmental Agreement between the City and CDOT and appropriation of $908,323
in federal and local matching funds for the Project; and
WHEREAS, it was later determined that $908,323 was not adequate funding; and
WHEREAS, Larimer County was subsequently approved for a federally funded category
Transportation Alternatives Program (“TAP”) grant through CDOT, in the amount of $648,000
for improvements in the areas within the Project; and
WHEREAS, Larimer County must provide matching funds for the TAP grant in the
amount of $162,000; and
WHEREAS, the City, the County and CDOT all agree that the City is best positioned to
incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the
“IGA”) with the County where the County will transfer the $162,000 local matching funds for
the TAP Grant to the City and then the City will amend the existing Project IGA between the
City and CDOT to incorporate the TAP Grant into the Project; and
WHEREAS, pursuant to the above, the City Council has adopted Resolution 2017-063
and Resolution 2017-064 authorizing the City to enter into the necessary IGAs with CDOT and
Larimer Country respectively, for the Project; and
WHEREAS, City funding from the Transportation Capital Expansion Fee reserves are
proposed to contribute $400,000 to the Project; and
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Attachment: Ordinance No. 092, 2017 (5941 : SR 092 108 N College Project)
-2-
WHEREAS, the purpose of this Ordinance is to appropriate unanticipated grant revenue
and reserves of $1,210,000 for the design, property acquisition, and construction of the Project;
and
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 those fund during any fiscal
year; 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; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Capital Expansion Fund; 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; 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, $648,000 of the project funds being appropriated in this Ordinance are
ineligible for public art purposes, as Section 23-304 of the City Code otherwise requires, due to
grant restrictions on the use of the funds; however, $562,000 of the project funds being
appropriated are eligible for the APP program.
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.
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Attachment: Ordinance No. 092, 2017 (5941 : SR 092 108 N College Project)
-3-
Section 2. That there is hereby appropriated for expenditure from unanticipated grant
revenue from CDOT in the Capital Projects Fund the sum of SIX HUNDRED FORTY-EIGHT
THOUSAND DOLLARS ($648,000) for the Project.
Section 3. That there is hereby appropriated for expenditure from unanticipated grant
revenue from Larimer County in the Capital Projects Fund the sum of ONE HUNDRED SIXTY-
TWO THOUSAND DOLLARS ($162,000) for the Project.
Section 4. That there is hereby appropriated for expenditure from reserves in the
Capital Expansion Fund for transfer to the Capital Projects Fund the sum of FOUR HUNDRED
THOUSAND DOLLARS ($400,000) for the Project and appropriated therein.
Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO
HUNDRED SIXTY FOUR DOLLARS ($1,264) in the Capital Projects Fund – North College
Improvements Project Canal to State Highway 1 Project and the unexpended appropriated
amount of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS ($3,120) in the
Capital Expansion Fund is authorized for transfer to the Cultural Services and Facilities Fund
and appropriated therein for Art in Public Places projects.
Section 6. That the unexpended appropriated amount of THREE HUNDRED FIFTY
SIX DOLLARS ($356) in the Capital Projects Fund – North College Improvements Project
Canal to State Highway 1 Project and the unexpended appropriated amount of EIGHT
HUNDRED EIGHTY ($880) in the Capital Expansion Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Maintenance and Operations.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
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Attachment: Ordinance No. 092, 2017 (5941 : SR 092 108 N College Project)
-4-
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Attachment: Ordinance No. 092, 2017 (5941 : SR 092 108 N College Project)
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ORDINANCE NO. 108, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
OF CERTAIN LANDS NECESSARY TO CONSTRUCT
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTH
COLLEGE IMPROVEMENTS PROJECT- CANAL TO STATE HIGHWAY 1
WHEREAS, in 2012 the City was awarded federal Congestion Mitigation and Air
Quality (CMAQ) funds by the North Front Range Metropolitan Planning Organization
(NFRMPO) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway, both within the City and unincorporated Larimer
County (the “Project”); and
WHEREAS, City of Fort Collins Resolution 2015-007 and Ordinance No. 009, 2015
approved the execution of an Intergovernmental Agreement between the City and the Colorado
Department of Transportation (“CDOT”) to appropriate $908,323 in federal and local matching
funds for the Project; and
WHEREAS, the City is incorporating an additional $810,000 into the Project from funds
provided by Larimer County and a federal Transportation Alternatives Program (TAP) grant via
a separate ordinance; and
WHEREAS, to construct the sidewalks and pedestrian bridges associated with the
Project, the City will need to acquire certain property rights as described on Exhibits “A”
through “FF”, attached hereto and incorporated herein by this reference (the “Property Rights”)
[Exhibits “A” through “FF” are available at the office of the City Clerk]; and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Project, is in the City’s best interest, and enhances public health, safety, and
welfare; and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
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 the City Council hereby finds and determines that is necessary in the
public interest to acquire the Property Rights described herein for the purpose of constructing the
Project.
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
-2-
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 4. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "A" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "D" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "E" Page 1 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "E" Page 2 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "F" Page 1 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "F" Page 2 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "G" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "J" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "K" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "L" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "M" Page 1 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "M" Page 2 of 2 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "N" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "O" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "P" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "S" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "T" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "U" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "V" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "W" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "X" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "EE" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Exhibit "FF" Page 1 of 1 1.3
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Attachment: Ordinance No. 108, 2017 (5941 : SR 092 108 N College Project)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 093, 2017, Appropriating Unanticipated Grant Revenue From the North
Front Range Metropolitan Planning Organization in the Capital Projects Fund for the Horsetooth Road and
College Avenue Intersection Improvements Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, appropriates funds for the
design, right-of-way acquisition, and construction of the Horsetooth Road and College Avenue Intersection
Improvements Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 093, 2017 (PDF)
2
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Chris Van Hall, Legal
SUBJECT
Items Relating to the Horsetooth Road and College Avenue Intersection Improvements Project.
EXECUTIVE SUMMARY
A. Resolution 2017-065 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City
and the Colorado Department of Transportation for the Horsetooth Road and College Avenue Intersection
Improvements Project.
B. First Reading of Ordinance No. 093, 2017, Appropriating Unanticipated Grant Revenue From the North
Front Range Metropolitan Planning Organization in the Capital Projects Fund for the Horsetooth Road and
College Avenue Intersection Improvements Project.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement (IGA) for the
Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”). The City and CDOT
already have an IGA in place for the Project, however, the City and CDOT wish to execute a new IGA to add
additional grant funds of $32,000 and provisions for streamlined contract modifications using option letters.
This IGA will replace the current Project IGA upon execution. This item will also appropriate funds for the
design, right-of-way acquisition, and construction of the Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2011, the City Engineering Department completed an Arterial Intersection Prioritization Study. The study
listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and
operational improvements. The City was approved for two federally funded grants: a Surface Transportation
Program (STP Metro) grant through the North Front Range Metropolitan Planning Organization (NFRMPO);
and a Highway Safety Improvement Program (HSIP) grant awarded through CDOT.
In March 2017, the City executed an IGA with the Colorado Department of Transportation (CDOT) in order to
receive STP Metro and HSIP grant funding and appropriated the grant funding for the Horsetooth Road and
College Avenue Intersection Improvements Project through Ordinance No. 040, 2017 and Resolution 2017-
027. Since that time, an additional $32,000 of STP Metro grant funds became available and has been awarded
to the project, fully funding the amount applied for in the original grant application. The City and CDOT already
have an IGA in place for the Project; however, the City and CDOT wish to execute a new IGA to add additional
grant funds of $32,000 and provisions for streamlined contract modification using option letters. The new IGA
will allow the City and CDOT to execute option letters for administrative changes without the need for contract
amendments. Significant future changes (if any) to the new IGA will still require contract amendments.
ATTACHMENT 1
2.1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5948 : SR 093 Horsetooth/College Project)
Agenda Item 12
Item # 12 Page 2
CITY FINANCIAL IMPACTS
The Ordinance authorizes the appropriation of unanticipated grant revenue from the STP Metro grant into the
Capital Projects Fund for the Horsetooth Road and College Avenue Intersection Improvements Project for
design, right-of-way acquisition and construction of the Horsetooth Road and College Avenue Intersection
Improvements Project.
The following table lists the funding sources and amounts associated with the grants and BFO funding:
Funding Summary
Funding Source Previously
Appropriated Funding
Amount
Funding Associated with this Council
Item
STP-Metro Grant $2,368,000 $32,000
HSIP Grant $1,000,000 $0
2017-2018 City Budget (BFO)
Process
$1,000,000 $0
Total $4,368,000 $32,000
Total appropriated funds will be $4,400,000 following this Council item.
Local matching funds for the grants will be applied from money previously appropriated in the 2017-2018 City
Budget. The grants are not eligible for Art in Public Places (APP) per applicable regulations. However, required
APP contributions for the local matching funds have previously been addressed through the BFO process.
Depending on final scope of improvements, current funding sources may not be sufficient for construction.
Staff is currently identifying additional funding opportunities, including the CCIP ¼ cent sales tax funding
dedicated to arterial intersection improvements.
BOARD / COMMISSION RECOMMENDATION
The project will be presented to the Transportation Board for comment after the preliminary design phase is
completed.
PUBLIC OUTREACH
City staff has developed a project website through the Engineering homepage as the primary resource for
public outreach. A detailed communication plan is being developed and will be implemented starting in the
preliminary design phase, continuing through construction. The communication plan will highlight milestone
dates, affected interests and specific outreach methods.
ATTACHMENTS
1. Project Location Map (PDF)
2.1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5948 : SR 093 Horsetooth/College Project)
-1-
ORDINANCE NO. 093, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION IN
THE CAPITAL PROJECTS FUND FOR THE HORSETOOTH ROAD AND
COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City Engineering Department completed an Arterial Intersection
Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection
as one of the locations for needed safety and operational improvements; and
WHEREAS, in March 2017, the City adopted Resolution 2017-027, approving an
Intergovernmental Agreement (the “IGA”) with the Colorado Department of Transportation
(“CDOT”) in order to receive Surface Transportation Program (“STP Metro”) grant funding; and
WHEREAS, the Council further adopted Ordinance No. 040, 2017, appropriating for the
Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”) the
grant funding for the Project; and
WHEREAS, since that time, an additional $32,000 of STP Metro grant funds became
available and has been awarded to the Project, fully funding the amount applied for in the
original grant application; and
WHEREAS, rather than execute an amendment to the IGA, the City and CDOT wish to
execute a new IGA to add the additional grant funds of $32,000 and modify provisions that allow
for streamlined contract modifications using option letters; and
WHEREAS, the purpose of this Ordinance is to appropriate unanticipated grant revenue
of $32,000 for the design, right-of-way acquisition, and construction of the Project; and
WHEREAS, total appropriated funds for this Project will be $4,400,000 following this
Council item; and
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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Attachment: Ordinance No. 093, 2017 (5948 : SR 093 Horsetooth/College Project)
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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 for expenditure from unanticipated grant
revenue in the Capital Projects Fund the sum of THIRTY TWO THOUSAND DOLLARS
($32,000) for the Project.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
2.2
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Attachment: Ordinance No. 093, 2017 (5948 : SR 093 Horsetooth/College Project)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Vincent Kitch, Cultural Services and Facilities Director
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of Fort Collins
Relating to the Functions of the Cultural Resources Board.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, updates the functions of the
Cultural Resources Board (CuRB) as described in City Code to better reflect the actual scale and
responsibilities of the Cultural Services Department. The current City Code language is outdated. It
references advising the Museum director, and matters pertaining to the operations of the Lincoln Center. The
Cultural Services Director, staff liaison to the CuRB, is responsible for directing the Lincoln Center, Museum of
Discovery, Gardens on Spring Creek, Carnegie Creative Center, and Art in Public Places program. The
proposed new language more accurately reflects the entire scope of functions currently performed by the
Cultural Services Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 113, 2017 (PDF)
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Vincent Kitch, Cultural Services and Facilities Director
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of Fort Collins
Relating to the Functions of the Cultural Resources Board.
EXECUTIVE SUMMARY
The purpose of this item is to update how the functions of the Cultural Resources Board (CuRB) are described
to better reflect the actual scale and responsibilities of the Cultural Services Department. The current City
Code language is outdated. It references advising the Museum director, and matters pertaining to the
operations of the Lincoln Center. The Cultural Services Director, staff liaison to the CuRB, is responsible for
directing the Lincoln Center, Museum of Discovery, Gardens on Spring Creek, Carnegie Creative Center, and
Art in Public Places program. The proposed new language more accurately reflects the entire scope of
functions currently performed by the Cultural Services Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Cultural Resources Board was established in 1986 and serves as an advisory body to City Council and
staff. Its primary functions have previously been described as “to advise City Council on issues relating to the
Lincoln Center and the Fort Collins Museum” . . . and “review[s] applications and make[s] recommendations
for funding from the City of Fort Collins Cultural Development and Programming Account and Tourism
Programming Account (Fort Fund)”.
On June 10, 2017, the Cultural Resources Board held its annual retreat. As part of its planning activities,
CuRB reviewed its mission, vision, bylaws and governing ordinance. As a result of this discussion, the Chair
of the CuRB issued a memo and specific recommendations (Attachment 1) to the Mayor and City Council
requesting updates to the City Code to better reflect the scale and responsibilities of the Cultural Services
Department and framing the need for subsequent amendments to CuRB bylaws.
The current language in the Code specifically references the Lincoln Center and Museum of Discovery but
does not include the Gardens at Spring Creek and Carnegie Center for Creativity. Broadening the language
would better reflect the department, cover all the major facilities, Fort Fund, and include ongoing programs and
activities such as the Arts and Culture Master Plan process.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5946 : SR 113 CuRB Functions)
Agenda Item 13
Item # 13 Page 2
BOARD / COMMISSION RECOMMENDATION
The Cultural Resources Board recommends approval of the City Code amendments to more accurately
represent the Board’s scope of duties and functions relating to the activities of the Cultural Services
Department.
ATTACHMENTS
1. CuRB memo, June 12, 2017 (PDF)
2. Retreat minutes, June 10, 2017 (PDF)
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5946 : SR 113 CuRB Functions)
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ORDINANCE NO. 113, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE III, DIVISION 12, SECTION 2-203
OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE
THE FUNCTIONS OF THE CULTURAL RESOURCES BOARD
WHEREAS, pursuant to Ordinance No. 158, 1986, the Cultural Resources Board
(“Board”) was established and serves as an advisory body to the City Council and staff; and
WHEREAS, over the course of time the Board has become aware of the potential
community benefits of the Board’s efforts to assist in the development of opportunities for
cooperation with other community organizations, groups, and individuals, in the promotion of
awareness, understanding, and appreciation of cultural resources in Fort Collins; and
WHEREAS, pursuant to Section 2-203 of the City Code, the Cultural Resources Board’s
primary functions have been previously described as “to advise City Council on issues relating to
the Lincoln Center and the Fort Collins Museum” and “review(s) applications and make(s)
recommendations for funding from the City of Fort Collins Cultural Development and
Programming Account and the Tourism Programming Account (“Fort Fund”); and
WHEREAS, during the Cultural Resources Board annual retreat on June 10, 2017, as part
of its planning activities, the Cultural Resources Board reviewed its mission, vision, bylaws, and
governing ordinance with the Chair of the Cultural Resources Board issuing a memo and specific
recommendations to the Mayor and City Council, recommending updates to the City Code to
better reflect the scale and responsibilities of the Cultural Services Department and framing the
need for subsequent amendments to the Cultural Resources Board bylaws; and
WHEREAS, the functions of the Board as currently listed in the City Code specifically
reference the Lincoln Center and Museum of Discovery, but do not include the Gardens at
Spring Creek and Carnegie Center for Creativity; and
WHEREAS, the Cultural Resources Board believes that broadening the language in
Section 2-203 of the City Code would better reflect the services delivered by the Cultural
Services Department, cover all the major facilities, Fort Fund, and include ongoing programs and
activities such as the Arts and Culture Master Plan process; and
WHEREAS, pursuant to the Cultural Resources Board annual retreat on June 10, 2017,
the Cultural Resources Board recommended approval of the City Code amendments to more
accurately represent the Board’s scope of duties and functions relating to the activities of the
Cultural Services Department.
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.
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Attachment: Ordinance No. 113, 2017 (5946 : SR 113 CuRB Functions)
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Section 2. That Section 2-203 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-203. - Functions.
The Board shall act as an advisory board and shall have the following functions:
(1) To advise and make recommendations to the Director of Cultural Services and
Facilities and the City Council as to rules, regulations, policies, administrative
and budgetary matters pertaining to the Cultural Services Department’s
programs, services and facilities and any other cultural facility constructed or
operated by the City;
(2)To review proposals for funding from the Cultural Development and
Programming Account and the Tourism Programming Account, following
established and published guidelines, and to submit recommendations regarding
such proposals to the City Council to be approved by the City Council by
resolution;
(3) To advise and make recommendations to the City Manager regarding any
proposed revisions to the guidelines used by the Cultural Resources Board to
make the funding recommendations referred to in Paragraph (2) above;
(4) To assist, advise and make recommendations to the Director of Cultural Services
and Facilities and the City Council on arts and culture related matters and
regarding opportunities to promote awareness, understanding, and appreciation
for, the value of cultural resources in the community.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
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Attachment: Ordinance No. 113, 2017 (5946 : SR 113 CuRB Functions)
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Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Attachment: Ordinance No. 113, 2017 (5946 : SR 113 CuRB Functions)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Matt Fater, Utilities Special Projects Manager
Eric Potyondy, Legal
SUBJECT
Second Reading of Ordinance No. 119, 2017, Appropriating Prior Year Reserves in Anticipation of Grant
Revenue From the State of Colorado Department of Homeland Security-Office of Emergency Management
and Authorizing a Transfer to the Cultural Services Fund for the Art in Public Places Program for the
Mulberry/Riverside/Myrtle Storm Sewer Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, appropriates $1,280,663 from
prior year reserves in anticipation of grant revenue from the State of Colorado Department of Homeland
Security-Office of Emergency Management (DHSEM) and authorizing transfers to the Cultural Services Fund
for the Art in Public Places (APP) program. The grant will fund the construction of the
Mulberry/Myrtle/Riverside Storm Sewer project to mitigate flooding.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 119, 2017 (PDF)
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Matt Fater, Utilities Special Projects Manager
Jon Haukaas, Operations Mgr-Water Engineer & Field Svc
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 119, 2017, Appropriating Prior Year Reserves in Anticipation of Grant
Revenue From the State of Colorado Department of Homeland Security-Office of Emergency Management
and Authorizing a Transfer to the Cultural Services Fund for the Art in Public Places Program for the
Mulberry/Riverside/Myrtle Storm Sewer Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $1,280,663 from prior year reserves in anticipation of grant revenue
from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM)
and authorizing transfers to the Cultural Services Fund for the Art in Public Places (APP) program. The grant
will fund the construction of the Mulberry/Myrtle/Riverside Storm Sewer project to mitigate flooding.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Mulberry/Riverside/Myrtle storm sewer project is identified in the Old Town Basin Master Drainage Plan.
The area is subject to street and structure flooding due to a lack of storm drainage capacity to convey urban
runoff from the west. In 2014, the DHSEM announced the Federal Emergency Management Agency (FEMA)
was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities
subjected to flooding in the September 2013 flood event. The City submitted a grant proposal for this project
to the Hazard Mitigation Grant Program (HMGP), managed by the DHSEM (as the Grantor). The City received
a phase 1 grant for conceptual design and feasibility in August 2015 for $50,989. The City has completed
phase 1 and received notice from FEMA that a phase 2 grant for construction of mitigation improvements is
approved. The total grant award is $1,499,608 which includes phase 1 ($50,989) and phase 2 ($1,448,619).
The additional grant for phase 2 is awarded to cover 75% ($1,086,464) by U.S. Office Federal Emergency
Management (FEMA), 12.5% ($181,077) by DHSEM and 12.5% ($181,078) from previously appropriated local
matching funds by the City of Fort Collins.
Final design of the project is underway with construction activities anticipated to start in November. The
project consists of an enhancement of the existing Myrtle Street storm sewer that drains to the Springer
Natural Area Water Quality Pond. A new storm sewer is proposed in Cowan Street from Mulberry Street to
Myrtle Street, connecting to the existing Myrtle Sreet storm sewer. In addition, a new outfall structure is
proposed in the Springer Natural Area Water Quality Pond.
If the Ordinance is adopted, this project account balance will be established in a capital project account that
will receive funds directed from the existing Utilities Stormwater Drainage Fund. The HMGP grant award
matching funds will be provided via reimbursement requests to the DHSEM.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5940 : SR 119 Mulberry/Riverside/Myrtle Stormwater
Agenda Item 10
Item # 10 Page 2
In addition to committing reserves for the project, funds in the amount of $10,235 will be set aside in the Storm
Drainage Fund for the APP program for acquisition of artwork and $2,887 will be transferred to the Cultural
Services Fund to the APP program for ongoing maintenance of the art per Section 23-304 of the Code.
CITY FINANCIAL IMPACTS
The project was identified in the 2017/18 City Budget in anticipation of the grant award. The City’s 12.5%
($181,078) matching funds were appropriated with Budget Offer 8.20. The $1,267,541 in grant expenditures
will be funded from prior year reserves, which will be replenished upon receiving reimbursements from
DHSEM. As of December 31, 2016, available reserves in the Storm Drainage fund were $4.8M; adequate
funding is available for this appropriation and required transfers to the Cultural Services Fund for the APP
program.
The Ordinance will enable Utilities to move forward with the project. This Ordinance is also consistent with the
objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance,
and improvements to the stormwater system.
PUBLIC OUTREACH
As part of the grant application process, a project open house was conducted in February 2017 and a public
notice was posted in the Coloradoan in March 2017. Staff plans to conduct additional public outreach,
including another open house and individual property owner meetings, as the project moves toward
construction.
ATTACHMENTS
1. Location map (PDF)
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5940 : SR 119 Mulberry/Riverside/Myrtle Stormwater
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ORDINANCE NO. 119, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN ANTICIPATION OF GRANT REVENUE
FROM THE STATE OF COLORADO DEPARTMENT OF HOMELAND SECURITY-
OFFICE OF EMERGENCY MANAGEMENT AND AUTHORIZING A TRANSFER TO THE
CULTURAL SERVICES FUND FOR THE ART IN PUBLIC PLACES PROGRAM FOR THE
MULBERRY/RIVERSIDE/MYRTLE STORM SEWER PROJECT
WHEREAS, the Mulberry/Riverside/Myrtle Storm Sewer Project is identified in the Old
Town Basin Master Drainage Plan, as the area is subject to street and structure flooding due to a
lack of storm drain capacity to convey urban runoff from the west; and
WHEREAS, in 2014, the Division of Homeland Security and Emergency Management
(DHSEM) announced the Federal Emergency Management Agency (FEMA) was providing
funding for flood mitigation activities and infrastructure to Colorado to distribute to communities
subjected to flooding in the September 2013 flood event; and
WHEREAS, the City received a phase 1 grant for conceptual design and feasibility in
August 2015 for $50,989; and
WHEREAS, the City has completed phase 1 and received notice from FEMA that a
phase 2 grant for construction of mitigation improvements is approved; and
WHEREAS, the total estimated cost of construction is $1,499,608, including the
previously awarded funds; and
WHEREAS, this grant is awarded to cover 75% ($1,086,464) by FEMA, 12.5%
($181,077) by DHSEM and 12.5% ($181,078) from previously-appropriated local matching
funds by the City of Fort Collins; and
WHEREAS, the $1,267,541 in grant expenditures will be funded from prior year
reserves, which will be replenished upon receiving reimbursements from DHSEM; and
WHEREAS, as of December 31, 2016, available reserves in the Storm Drainage fund
were $4.8M; and
WHEREAS, Utilities is requesting an appropriation of $1,280,663 from the Storm
Drainage Fund Reserves to cover costs of the Project ($1,267,541) and the one percent (1%)
required for the Art in Public Places Program (“APP”) under City Code Section 23-304(a)
($13,122), which includes APP on the previously awarded grant portion that was not
appropriated at that time; 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; and
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Attachment: Ordinance No. 119, 2017 (5940 : SR 119 Mulberry/Riverside/Myrtle Stormwater Sewer Project)
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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 (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged; and
WHEREAS, in accordance with Article XII, Section 6 of the City Charter, the
appropriation of reserves for the Project from the Storm Drainage Fund and the transfer of a
portion of those unexpended and unencumbered appropriated funds to the APP program
established by City Code Section 23-304(a) will be used for stormwater purposes and
improvements in connection with the Park Improvements 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 and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Storm Drainage Fund the sum of ONE MILLION TWO HUNDRED EIGHTY
THOUSAND SIX HUNDRED SIXTY-THREE DOLLARS ($1,280,663) as follows:
Mulberry/Riverside/Myrtle Storm Sewer Project $1,267,541
Art in Public Places Project (Artwork in Storm Drainage Fund) 10,235
Art in Public Places Project (transfer to Cultural Services Fund
for APP Maintenance & Operations)
2,887
TOTAL $1,280,663
Section 3. That the unexpended appropriated amount of TWO THOUSAND
EIGHT HUNDRED EIGHTY-SEVEN DOLLARS ($2,887) is authorized for transfer to the Art
in Public Places Projects from the Storm Drainage Fund to the Cultural Services and Facilities
Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 119, 2017 (5940 : SR 119 Mulberry/Riverside/Myrtle Stormwater Sewer Project)
-3-
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 119, 2017 (5940 : SR 119 Mulberry/Riverside/Myrtle Stormwater Sewer Project)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 121, 2017, Annexing the Property Known as the Newton First Annexation to
the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, annexes 0.07 acres located at
1516 West Vine Drive, between North Shields Street and North Taft Hill Road. The Newton First Annexation is
the first of two sequential annexations, which are as follows: Newton First - 0.0703 acres; Newton Second -
1.3760 acres; Newton Annexation total area: 1.4463 acres.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 121, 2017 (PDF)
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Newton First Annexation.
EXECUTIVE SUMMARY
A. Resolution 2017-081 Setting Forth Findings of Fact and Determinations Regarding the Newton First
Annexation.
B. Public Hearing and First Reading of Ordinance No. 121, 2017, Annexing the Property Known as the
Newton First Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 0.07 acres located at 1516 West Vine Drive, between North Shields Street
and North Taft Hill Road. The Initiating Resolution was adopted on consent, July 18, 2017. The Newton First
Annexation is the first of two sequential annexations, which are as follows: Newton First - 0.0703 acres;
Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres. A related item to zone the
annexed property is presented as the next item on this Agenda.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Contiguity
The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on
one side with the Lincoln Junior High School Second Annexation that was annexed in 1998. As a result, there
is 16.67% of the total perimeter contiguous to the existing municipal boundary which exceeds the required
minimum (16.66%).
Enclave Implications
Annexing the 0.0703-acre area does not create (nor does it contribute to creating) an enclave.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5947 : SR 121 Newton First Annexation)
Agenda Item 14
Item # 14 Page 2
BOARD / COMMISSION RECOMMENDATION
At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the
annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district.
This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes.
PUBLIC OUTREACH
Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and
zoning. This is a 100% voluntary annexation. Please note, however, that all required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Structure Plan Map (PDF)
3. Zoning Map (PDF)
4. Annexation Narrative (PDF)
5. Annexation Petition (PDF)
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5947 : SR 121 Newton First Annexation)
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ORDINANCE NO. 121, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE NEWTON FIRST
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-066, finding substantial compliance and initiating
annexation proceedings for the Newton First Annexation, as defined therein and described
below, was previously adopted by the City Council; and
WHEREAS, Resolution 2017-081 setting forth findings of fact and determinations
regarding the Newton First Annexation is being adopted concurrently with the first reading of
this Ordinance; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the property to be known as the Newton First Annexation (the “Property”) to the City.
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 the City Council hereby incorporates the findings of Resolution
2017-066 and Resolution 2017-081 and further finds that it is in the best interests of the City to
annex the Property to the City.
Section 3. That the Property more particularly described as:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, ASSUMED TO BEAR S89°02'48"E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET;
THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE
AND THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL
SECOND ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING;
THENCE N12°29'25"E A DISTANCE OF 125.00 FEET;
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Attachment: Ordinance No. 121, 2017 (5947 : SR 121 Newton First Annexation)
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THENCE S10°35'02"E A DISTANCE OF 125.00 FEET, TO A POINT ON SAID
NORTHERLY LINE;
THENCE ON SAID NORTHERLY LINE, N89°02'48'W A DISTANCE OF 50.00
FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3,062 SQUARE FEET OR 0.0703 ACRE.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Newton First 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 4. That, in annexing the 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 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Attachment: Ordinance No. 121, 2017 (5947 : SR 121 Newton First Annexation)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 122, 2017, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Newton First Annexation to the City of Fort
Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, zones the property included in
the Newton First Annexation into the Urban Estate (UE), zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 122, 2017 (PDF)
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Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 122, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Newton First Annexation to the City of
Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the Newton First Annexation into the Urban Estate
(UE), zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is Urban Estate (UE), which is consistent with the surrounding area.
Context
The surrounding zoning and land uses are as follows:
N: FA - Farming Single Family Residential (Larimer County)
S: FA - Farming Single Family Residential (Larimer County)
E: FA - Farming Single Family Residential (Larimer County)
W: FA - Farming Single Family Residential (Larimer County)
Northwest Subarea Plan
The annexation area is located within the Northwest Subarea Plan, adopted in 2006 and covers the northwest
portion of Fort Collins indicated in the image below.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5945 : SR 122 Newton First Zoning)
Agenda Item 15
Item # 15 Page 2
The Plan indicates:
“The Urban Estate designation for this area is consistent with the City’s current Structure Plan
designation. Existing subdivisions within the Central Area have established a low-density residential
pattern. Continuation of Urban Estate development here will help safeguard the character of these
existing neighborhoods.”
According to the Northwest Subarea Plan Land Use Map, the subject annexation should be placed into the
Urban Estate (UE), zone district. The proposed zoning, UE , Urban Estate, complies with the Subarea Plan.
Zoning
The proposed zoning for the subject annexation is Urban Estate (UE). This district is intended to be a setting
for low-density and large-lot housing and a few low-intensity commercial uses. Additionally, the district acts as
a transitional area between more intense urban development and rural or open lands.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed zoning.
BOARD / COMMISSION RECOMMENDATION
At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the
annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district.
This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes.
PUBLIC OUTREACH
Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and
zoning. This is a 100% voluntary annexation. Please note, however, that all required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Zoning Map (PDF)
6.1
Packet Pg. 85
Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5945 : SR 122 Newton First Zoning)
-1-
ORDINANCE NO. 122, 2017
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
INCLUDEDIN THE NEWTON FIRST ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO, AND APPROVING
CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP
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, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning
Board, at its meeting on July 20, 2017, unanimously recommended zoning the property to be
known as the Newton First Annexation (the “Property”) as Urban Estate as more particularly
described below and determined that the proposed zoning is consistent with the City’s
Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the Property; and
WHEREAS, the City Council has determined that the proposed zoning of the Property, as
described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is
warranted by changed conditions within the neighborhood surrounding and including the
Property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and
finds the proposed zoning to be in compliance with all such criteria; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property as described below, finds it to be in the best interests of the City, and has
determined that the 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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 in the Urban Estate (“U-E”) Zone District as more particularly
described as:
6.2
Packet Pg. 86
Attachment: Ordinance No. 122, 2017 (5945 : SR 122 Newton First Zoning)
-2-
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO,
BEING DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, ASSUMED TO BEAR S89°02'48"E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET;
THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE
AND THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL
SECOND ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING;
THENCE N12°29'25"E A DISTANCE OF 125.00 FEET;
THENCE S10°35'02"E A DISTANCE OF 125.00 FEET, TO A POINT ON SAID
NORTHERLY LINE;
THENCE ON SAID NORTHERLY LINE, N89°02'48'W A DISTANCE OF 50.00
FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3,062 SQUARE FEET OR 0.0703 ACRE.
Section 3. 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
Property described herein is included in the Residential Neighborhood Sign District.
Section 4. 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 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
6.2
Packet Pg. 87
Attachment: Ordinance No. 122, 2017 (5945 : SR 122 Newton First Zoning)
-3-
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
6.2
Packet Pg. 88
Attachment: Ordinance No. 122, 2017 (5945 : SR 122 Newton First Zoning)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 123, 2017, Annexing the Property Known as the Newton Second
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, annexes 1.3760 acres located
at 1516 W Vine Drive in-between North Shields Street and North Taft Hill Road. The Newton Second
Annexation is the second of two sequential annexations, which are as follows: Newton First - 0.0703 acres;
Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 123, 2017 (PDF)
7
Packet Pg. 89
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Newton Second Annexation.
EXECUTIVE SUMMARY
A. Resolution 2017-082 Setting Forth Findings of Fact and Determinations Regarding the Newton Second
Annexation.
B. Public Hearing and First Reading of Ordinance No. 123, 2017, Annexing the Property Known as the
Newton Second Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 1.3760 acres located at 1516 W Vine Drive in-between N. Shields Street
and N. Taft Hill Road. The Initiating Resolution was adopted on consent, July 18, 2017. The Newton Second
Annexation is the second of two sequential annexations, which are as follows: Newton First - 0.0703 acres;
Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres. A related item to zone the
annexed property is presented as the next item on this Agenda.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Contiguity
The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on
two sides with the Newton First Annexation 2017. As a result, there is 18.94% of the total perimeter
contiguous to the newly established municipal boundary which exceeds the required minimum (16.66%).
Enclave Implications
Annexing the1.3760-acre area does not create (nor does it contribute to creating) an enclave.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
ATTACHMENT 1
7.1
Packet Pg. 90
Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5942 : SR 123 Newton Second Annexation)
Agenda Item 16
Item # 16 Page 2
BOARD / COMMISSION RECOMMENDATION
At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the
annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district.
This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes.
PUBLIC OUTREACH
Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and
zoning. This is a 100% voluntary annexation. Please note, however, that all required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Structure Plan Map (PDF)
3. Zoning Map (PDF)
4. Annexation Narrative (PDF)
5. Annexation Petition (PDF)
7.1
Packet Pg. 91
Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5942 : SR 123 Newton Second Annexation)
-1-
ORDINANCE NO. 123, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE NEWTON SECOND
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-067, finding substantial compliance and initiating
annexation proceedings for the Newton Second Annexation, as defined therein and described
below, was previously adopted by the City Council; and
WHEREAS, Resolution 2017-082 setting forth findings of fact and determinations
regarding the Newton Second Annexation is being adopted concurrently with the first reading of
this Ordinance; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the property to be known as the Newton Second Annexation (the “Property”) to the City.
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 the City Council hereby incorporates the findings of Resolution
2017-067 and Resolution 2017-082 and further finds that it is in the best interests of the City to
annex the Property to the City.
Section 3. That the Property more particularly described as:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, ASSUMED TO BEAR S89°02'48"E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET;
THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE,
THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND
ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION ,
SAID POINT BEING THE POINT OF BEGINNING;
7.2
Packet Pg. 92
Attachment: Ordinance No. 123, 2017 (5942 : SR 123 Newton Second Annexation)
-2-
THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES:
1. N00°49'22"E A DISTANCE OF 60.00 FEET;
2. N89°02'48'W A DISTANCE OF 150.00 FEET;
3. N00°49'22"E A DISTANCE OF 300.00 FEET;
4. S89°02'48"E A DISTANCE OF 200.00 FEET;
5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY
LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION,
AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION;
THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET;
THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION,
S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760
ACRES
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Newton Second 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 4. That, in annexing the 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 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
7.2
Packet Pg. 93
Attachment: Ordinance No. 123, 2017 (5942 : SR 123 Newton Second Annexation)
-3-
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
7.2
Packet Pg. 94
Attachment: Ordinance No. 123, 2017 (5942 : SR 123 Newton Second Annexation)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 124, 2017, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Newton Second Annexation to the City of Fort
Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, zones the property included in
the Newton Second Annexation into the Urban Estate (UE), zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 124, 2017 (PDF)
8
Packet Pg. 95
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 124, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Newton Second Annexation to the
City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the Newton Second Annexation into the Urban
Estate (UE), zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is Urban Estate (UE), which is consistent with the surrounding area.
Context
The surrounding zoning and land uses are as follows:
N: FA - Farming Single Family Residential (Larimer County)
S: FA - Farming Single Family Residential (Larimer County)
E: FA - Farming Single Family Residential (Larimer County)
W: FA - Farming Single Family Residential (Larimer County)
Northwest Subarea Plan
The annexation area is located within the Northwest Subarea Plan, adopted in 2006 and covers the northwest
portion of Fort Collins indicated in the image below.
ATTACHMENT 1
8.1
Packet Pg. 96
Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5943 : SR 124 Newton Second Zoning)
Agenda Item 17
Item # 17 Page 2
The Plan indicates:
“The Urban Estate designation for this area is consistent with the City’s current Structure Plan
designation. Existing subdivisions within the Central Area have established a low-density residential
pattern. Continuation of Urban Estate development here will help safeguard the character of these
existing neighborhoods.”
According to the Northwest Subarea Plan Land Use Map, the subject annexation should be placed into the
Urban Estate (UE), zone district. The proposed zoning, UE , Urban Estate, complies with the Subarea Plan.
Zoning
The proposed zoning for the subject annexation is Urban Estate (UE). This district is intended to be a setting
for low-density and large-lot housing and a few low-intensity commercial uses. Additionally, the district acts as
a transitional area between more intense urban development and rural or open lands.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed zoning.
BOARD / COMMISSION RECOMMENDATION
At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the
annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district.
This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes.
PUBLIC OUTREACH
Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and
zoning. This is a 100% voluntary annexation. Please note, however, that all required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Zoning Map (PDF)
8.1
Packet Pg. 97
Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5943 : SR 124 Newton Second Zoning)
-1-
ORDINANCE NO. 124, 2017
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 NEWTON SECOND ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO, AND APPROVING
CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP
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, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning
Board, at its meeting on July 20, 2017, unanimously recommended zoning the property to be
known as the Newton Second Annexation (the “Property”) as Urban Estate as more particularly
described below and determined that the proposed zoning is consistent with the City’s
Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the Property; and
WHEREAS, the City Council has determined that the proposed zoning of the Property, as
described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is
warranted by changed conditions within the neighborhood surrounding and including the
Property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and
finds the proposed zoning to be in compliance with all such criteria; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property as described below, finds it to be in the best interests of the City, and has
determined that the 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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 in the Urban Estate (“U-E”) Zone District as more particularly
described as:
8.2
Packet Pg. 98
Attachment: Ordinance No. 124, 2017 (5943 : SR 124 Newton Second Zoning)
-2-
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, ASSUMED TO BEAR S89°02'48"E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET;
THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE,
THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND
ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION ,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES:
1. N00°49'22"E A DISTANCE OF 60.00 FEET;
2. N89°02'48'W A DISTANCE OF 150.00 FEET;
3. N00°49'22"E A DISTANCE OF 300.00 FEET;
4. S89°02'48"E A DISTANCE OF 200.00 FEET;
5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY
LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION,
AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION;
THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET;
THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION,
S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES.
Section 3. 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
Property described herein is included in the Residential Neighborhood Sign District.
Section 4. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
8.2
Packet Pg. 99
Attachment: Ordinance No. 124, 2017 (5943 : SR 124 Newton Second Zoning)
-3-
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
8.2
Packet Pg. 100
Attachment: Ordinance No. 124, 2017 (5943 : SR 124 Newton Second Zoning)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 125, 2017, Designating the McCarty/Sheely/Dreher Property, 1300 West
Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on September 5, 2017, designates the
McCarty/Sheely/Dreher Property, located at 1300 West Mountain Avenue, as a Fort Collins Landmark. The
owners of this property, Anthony and Heather McNeill, have submitted this application requesting
consideration of the property for such designation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 125, 2017 (PDF)
9
Packet Pg. 101
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 125, 2017, Designating the McCarty/Sheely/Dreher Property, 1300 West
Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
The purpose of this item is to consider the designation of the McCarty/Sheely/Dreher Property, located at 1300
West Mountain Avenue, as a Fort Collins Landmark. The owners of this property, Anthony and Heather
McNeill, have submitted this application requesting consideration of the property for such designation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The McCarty/Sheely/Dreher Property is eligible for designation as a Fort Collins Landmark under Standard B,
Persons/Groups, for its association with three prominent, twentieth-century Fort Collins citizens: Dr. Ira
McCarty, Arthur C. Sheely, and Thomas F. Dreher; and under Standard C, Design/Construction, for its
architectural significance as an excellent example of a Craftsman-style bungalow and for the outdoor fireplace
constructed by Arthur Sheely. Significant historic resources consist of the Craftsman style brick residence, with
brick planter boxes and details; the brick two-car garage; the wood-frame storage shed; and the interesting
stone outdoor fireplace. Non-significant features include the backyard’s flagstone patio, brick and wood
boundary fence, and landscaping.
Ira McCarty was a prominent early dentist who was instrumental in the local professionalization of dentistry. He
was also known for his association with the McCarty Barber Shop, a local business he started with his brother,
Bert McCarty, which endured for more than a century. Arthur Sheely was the proprietor of the Sheely-Andrews
Motor Company, and an influential member of the Republican Party at the local, state, and national levels.
Sheely served as the Colorado Republican chairman in the 1940s and 1950s, and co-chaired Dwight
Eisenhower’s second presidential campaign in Colorado. In the 1960s, Sheely also served as President of the
Colorado State Board of Agriculture. Dreher was owner of the Dreher Pickle Company and served as its
treasurer. Under his leadership, the company became a nationally recognized brand. The Dreher brothers also
founded the original Jax Surplus business on North College Avenue in 1955.
The property contains an excellent example of a Craftsman-style brick bungalow with intact character-defining
features, including a low-pitched, multi-gabled roof with an intersecting cross gable, wide overhanging eaves,
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5952 : SR 125 1300 W Mtn Landmark)
Agenda Item 18
Item # 18 Page 2
wood shingles and knee braces under the gables, exposed shaped rafter tails, and bands of original 6-over-1
double hung windows. The brick material is of particular note: the primary blonde brick is complemented by red
brick with an unusual random tooled finish, used to create contrast. The garage is also constructed of the
same blonde and red brick. Other historic resources are the hand-built outdoor stone fireplace constructed by
Art Sheely, and a work shed.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties.
BOARD / COMMISSION RECOMMENDATION
At its August 16, 2017, Regular Hearing, the Landmark Preservation Commission unanimously approved a
motion recommending adoption of an ordinance by Council for landmark designation.
PUBLIC OUTREACH
The Landmark Preservation Commission held a public hearing on this item at its August 16, 2017, meeting.
ATTACHMENTS
1. Location Map (PDF)
2. Landmark Nomination Form (PDF)
3. Staff Report (PDF)
4. Landmark Preservation Commission Resolution 5, 2017 (PDF)
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ORDINANCE NO. 125, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE MCCARTY/SHEELY/DREHER PROPERTY,
1300 WEST MOUNTAIN AVENUE, FORT COLLINS, COLORADO,
AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated August 16, 2017, the Landmark Preservation
Commission (the “Commission”) has determined that the McCarty/Sheely/Dreher Property at
1300 West Mountain Avenue in Fort Collins as more specifically described in the legal
description below (the “Property”) is eligible for landmark designation for its high degree of
exterior integrity, and for its significance to Fort Collins under Landmark Standard B
(Person/Group) and Standard C (Design/Construction) as contained in Section 14-5(2)(c) of the
City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owners of the Property have consented to such landmark designation,
and desire to protect the historic buildings and structures from all but minor alterations; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
LOT 1, BLOCK 2, SWETTS ADDITION, FORT COLLINS
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be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
9.2
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Attachment: Ordinance No. 125, 2017 (5952 : SR 125 1300 W Mtn Landmark)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Dan Gulley, Real Estate Specialist II
Tracy Ochsner, Assistant Operations Services Director
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 126, 2017 Authorizing the Conveyance of a Permanent Utility Easement
and a Temporary Construction Easement on City Property Located at 625 9th Street to Public Service
Company of Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 5, 2017, authorizes the conveyance of
easements to Public Service Company of Colorado d/b/a Xcel Energy. The easements are needed relating to
the Xcel Energy project to provide Compressed Natural Gas for City vehicles, to the City Streets Department,
located at 625 9th Street in Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 126, 2017 (PDF)
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Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Dan Gulley, Real Estate Specialist II
Tracy Ochsner, Assistant Operations Services Director
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 126, 2017 Authorizing the Conveyance of a Permanent Utility Easement and a
Temporary Construction Easement on City Property Located at 625 9th Street to Public Service Company of
Colorado.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of easements to Public Service Company of Colorado
d/b/a Xcel Energy. The easements are needed relating to the Xcel Energy project to provide Compressed
Natural Gas for City vehicles, to the City Streets Department, located at 625 9th Street in Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In the near future, the City Streets Department will have a Natural Gas fueling site for City vehicles, as
approved in the 2017-2018 Budget. The City entered into a Distribution Extension Agreement with Xcel Energy
to install the high pressure gas line. The easements are a necessary piece to complete the project. The
property to be encumbered by the easement is subject to a 2012 Lease Purchase Agreement between the City
and U.S. Bank National Association. The 2012 Lease Purchase Agreement allows the City to grant utility
easements if they do not materially interfere with or impair the property. This is not an issue with the proposed
gas line.
The Permanent Easement is for a high pressure transmission gas line and the actual site will be 47.89 feet X
42.37 feet. The Temporary Easement is approximately 75 feet X 300 feet allowing construction crews ample
staging area to work and install the pipeline. The Temporary Easement shall terminate upon completion of
restoration of the area or in any event no later than one year from commencement of work.
The commencement of work is anticipated to be the first week of October 2017. Once the crews are on site it
is anticipated to take approximately two weeks for Xcel Energy to complete its construction.
CITY FINANCIAL IMPACTS
The City has paid $288,975 for the construction cost in the Distribution Extension Agreement. The cost of
easements are included as part of the agreement between the City and Xcel; no further financial impacts are
expected.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (5949 : SR 126 Easements at Streets Dept)
Agenda Item 19
Item # 19 Page 2
ATTACHMENTS
1. Location map (PDF)
2. Xcel Energy Agreement (PDF)
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ORDINANCE NO. 126, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT UTILITY EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY
LOCATED AT 625 9TH STREET TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City of Fort Collins owns property located at 625 9th Street, Fort Collins,
Colorado 80524, upon which is located the City’s Streets Department (the “Property”); and
WHEREAS, the Property is subject to a Lease Purchase Agreement between the City and
U.S. Bank National Association dated October 18, 2012 (the “Bank Agreement”); and
WHEREAS, the City has entered into a Distribution Extension Agreement with Public
Service Company of Colorado d/b/a Xcel Energy (“PSCo”) for the installation of a high pressure
natural gas pipeline to serve a natural gas fueling site on the Property for City vehicles; and
WHEREAS, it is necessary to grant PSCo a permanent utility easement for the gas
pipeline and a temporary construction easement to allow PSCo to install the pipeline; and
WHEREAS, the location of the proposed permanent utility easement is more particularly
described in Exhibit “A”, attached and incorporated herein by reference (the “Permanent
Easement”); and
WHEREAS, the location of the proposed temporary construction easement is more
particularly described in Exhibit “B”, attached and incorporated herein by this reference (the
“Temporary Easement”); and
WHEREAS, staff is recommending that the City not charge PSCo for the easements
because the easements are for the City’s benefit so that it may receive service from PSCo, and
the value of the easements is incorporated into the negotiated arrangements for the installation of
the gas pipeline in the Distribution Extension Agreement; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City; and
WHEREAS, the Bank Agreement allows the City to grant utility easements on the
Property as long as the City Manager certifies that such easement will not materially interfere
with or materially impair the Property.
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.
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Section 2. That the City Council hereby finds that the City’s conveyance of the
Permanent Easement and Temporary Easement to PSCo as provided herein serves a bona fide
public purpose, will not materially interfere with or materially impair the Property, and is in the
best interests of the City.
Section 3. That the City Manager is hereby authorized to execute a certification to
U.S. Bank National Association as required by the Bank Agreement.
Section 4. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Permanent Easement and Temporary Easement to PSCo on terms and
conditions consistent with this Ordinance, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal descriptions of the easements, as long as such changes do not materially
increase the size or change the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
10.2
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Attachment: Ordinance No. 126, 2017 (5949 : SR 126 Easements at Streets Dept)
EXHIBIT A
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Attachment: Ordinance No. 126, 2017 (5949 : SR 126 Easements at Streets Dept)
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Attachment: Ordinance No. 126, 2017 (5949 : SR 126 Easements at Streets Dept)
EXHIBIT B
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Attachment: Ordinance No. 126, 2017 (5949 : SR 126 Easements at Streets Dept)
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Attachment: Ordinance No. 126, 2017 (5949 : SR 126 Easements at Streets Dept)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use Code Regarding
Off-Site Construction Staging.
EXECUTIVE SUMMARY
The purpose of this item is to revise the Land Use Code (LUC) to include off-site construction staging as a
permitted use. This Ordinance will create a license process to establish this use and provide requirements for
approval of off-site construction staging.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Infill development is usually limited in space for construction activity. It is typical to see properties within the
vicinity of infill development to be used for construction staging. Vacant lots are especially susceptible to this
use and may be used for multiple development projects.
The Land Use Code is silent on the ability to use property as a staging area for construction activity. This use
has occurred in past, however its impacts are increasing as the amount of infill projects increase. The
proposed solution is to establish Off-Site Construction Staging as a use in the Land Use Code permitted in all
Zone districts through a license.
The proposed solution is to establish Off-Site Construction Staging as a use in the Land Use Code permitted in
all zone districts through a license. City staff has identified and explored regulations to adequately address
potential negative impacts to surrounding communities caused by off-site construction staging.
Revision Highlights
Four sections of Land Use Code will be amended:
Article 2 - Update public Notification section
Article 3 - Addition of new standards for the license
Article 4 - Include Off-site construction staging use to each Zone District
Article 5 - New definition for Off-site construction
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Agenda Item 11
Item # 11 Page 2
CITY FINANCIAL IMPACTS
The City’s zoning staff currently reviews applications and licenses concerning Land Use Code issues. It is
anticipated that staff time for off-site construction staging will minimally increase to the current workloads.
However, this will be monitored within the first year to verify the impact.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board reviewed the proposed changes during its regularly scheduled meeting on
August 17, 2017. The drafted Code language received unanimous vote on the consent agenda to recommend
approval to City Council.
PUBLIC OUTREACH
The proposed Code language was presented to the Development Review Advisory Committee (DRAC). Staff
did not receive objections from the DRAC. Questions were asked concerning length of time of the license and
purpose of the Code changes.
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ORDINANCE NO. 129, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES 2, 3, 4 AND 5 OF THE LAND USE CODE
REGARDING OFF-SITE CONSTRUCTION STAGING
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, because of an increase in Citywide development, and the subsequent
increase in off-site construction staging to support such development, City staff has identified
and developed Land Use Code amendments to adequately address potential negative impacts to
surrounding communities caused by off-site construction staging; and
WHEREAS, the Planning and Zoning Board have reviewed and recommends approval of
the Land Use Code amendments regarding off-site construction staging; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments regarding off-site construction staging are in the best interests of the City and its
citizens.
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 Section 2.2.6(D) of the Land Use Code is hereby amended to add a
new first table entry to read as follows:
2.2.6- Step 6: Notice
. . .
(D) Supplemental Notice Requirements
Minimum Notice Radius Sign Size
. . . . . . . . .
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Off-site construction staging 500 feet 12 square feet
. . .
Section 3. That Section 2.11.1(B) of the Land Use Code is hereby amended to add a
new subsection (11) which reads in its entirety as follows:
2.11.1 – Purpose and Applicability
. . .
(11) The issuance, denial, modification or revocation of an Off-Site Construction
Staging License under Section 3.8.35.
. . .
Section 4. That Article 3 of the Land Use Code is hereby amended to add a new
Section 3.8.35 that reads as follows:
3.8.35 – Off-Site Construction Staging
(A) Applicability. Use of any parcel for off-site construction staging shall be
permitted only in accordance with the provisions of an off-site construction
staging license issued pursuant to this Section 3.8.35.
(B) Purpose. The purpose of requiring an off-site construction staging licensed under
this Section 3.8.35 is to address the compatibility of off-site construction staging
with the zone districts in which they are located, mitigate the impact off-site
construction staging on adjacent parcels, the neighborhoods and environment, and
ensure the health and safety of off-site construction staging.
(C) Location. Subject to issuance of and compliance with an off-site construction
staging license under subsection (D) below, off-site construction staging shall be
permitted in specified zone districts as listed in Article 4.
(D) Off-site construction staging license.
(1) An application for an off-site construction staging license shall be
accompanied by a site and grading plan that shows the following for the
site on which the off-site construction staging is to occur:
(a) Existing grade contours of the site and of adjoining properties;
(b) Locations of different activities to be located on the site;
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(c) List of materials and equipment to be stored on the site, including
the means and methods to safely store any hazardous material or
dangerous equipment;
(d) Any proposed grading necessary to stabilize the site;
(e) Proposed erosion control measures and storm drainage control
measures to prevent wind and water erosion, drainage impacts and
tracking mud onto streets;
(f) Flood ways and flood plains;
(g) Natural habitat and features;
(h) Fences;
(i) Restrooms;
(j) Existing trees;
(k) Existing easements and rights-of-way;
(l) Existing underground utilities;
(m) Other information necessary to describe the site;
(n) Traffic control plan reflecting means of ingress and egress to be
used;
(o) Mitigation plan to address any adverse impacts to the site, or
adjacent parcels, caused by the off-site construction staging during
and after the staging; and
(p) Restoration and final site condition plan.
(2) An off-site construction staging license shall be issued, with or without
conditions, if the Director finds that the off-site construction staging:
(a) is not detrimental to the public good; and
(b) will not cause substantial adverse impacts to the parcel on which it
is located or adjacent parcels or the environment, with or without
mitigation; and
(c) is located within a quarter (.25) of a mile of the construction or
development site to be served by the off-site construction staging.
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(3) An off-site construction staging license issued hereunder shall expire
eighteen (18) months after the date of issuance unless an extension is
granted.
(a) A six (6) month extension may be granted by the Director upon a
finding that the conditions specified in Section 3.8.35(D)(2),
including any conditions to mitigate adverse impacts, have been
and continue to be satisfied.
(b) The Director may further extend the license up to an additional
twelve (12) months beyond the first six (6) month extension, for a
maximum total of not more than thirty-six (36) months, if a
neighborhood meeting for which the neighborhood is notified in
compliance with Section 2.2.6(D) is conducted and the Director
determines: the extension is not detrimental to the public good; and
that the license conditions specified in Section 3.8.35(D)(2),
including any conditions to mitigate adverse impacts, have been
and continue to be satisfied.
(4) After expiration of an off-site construction staging license, at least four (4)
consecutive months shall lapse before a new license is issued for the same
parcel.
(5) The Director may modify or revoke any off-site construction staging
license issued by the City for any of the following:
(a) After issuance of the license, the site or activities thereon are found
to be out of compliance with the approved application or license,
including any conditions to mitigate adverse impacts; or
(b) An adverse impact not previously anticipated at the time the
license or license extension was issued is identified and such
adverse impact cannot be adequately mitigated and/or is
detrimental to the public good.
The Director shall inform the license holder in writing of the decision to modify
or revoke the license and the reasons for same.
(6) The license holder may appeal any decision denying, modifying or
revoking an off-site construction staging license to the Zoning Board of
Appeals pursuant to Section 2.11.
(E) Restoration of Site. Within fifteen (15) days after expiration of the license, the
license holder must have completed restoration of the site consistent with the
approved restoration or final site condition plan included in the application.
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Section 5. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 6. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 7. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 8. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 9. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 10. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 11. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 12. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 13. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
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Section 14. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (3) which reads in its entirety as follows:
3. Off-site construction staging.
Section 15. That Section 4.12(B)(1) of the Land Use Code is hereby amended to by
the addition of a new subsection (c) which reads in its entirety as follows:
(c) Notwithstanding the other provisions contained in paragraphs (a) and (b)
above, a property in the T District can be used for off-site staging in
compliance with Section 3.8.25 of this Code.
Section 16. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 17. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 18. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 19. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 20. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 21. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 22. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended t by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
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Section 23. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 24. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 25. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 26. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 27. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 28. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 29. That Section 4.28 (B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Off-site construction staging” which reads in its entirety follows:
Off-site construction staging shall mean the use of land or building or portion thereof for
activities commonly associated with and supportive of construction or development,
when such activities are not located on the parcel, or in the building, being constructed or
developed. Such activities include but are not limited to storage of construction material
and equipment, parking for those working on the construction or development, temporary
restrooms and construction offices.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
September, A.D. 2017, and to be presented for final passage on the 3rd day of October, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Cameron Gloss, Planning Manager
Brad Yatabe, Legal
SUBJECT
Resolution 2017-086 Finding Substantial Compliance and Initiating Annexation Proceedings for the I-25 Third
Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to initiate annexation proceedings for the Highway I-25 Third Annexation. This is a
voluntary annexation. The applicant, Colorado Department of Transportation Region Four Transportation
Director, Johnny Olson, has submitted a written petition requesting a single annexation of approximately 282
acres of interstate right-of-way. The requested zoning for this annexation is a combination of Community
Commercial (CC), Industrial (I), Public Open Lands (POL), and Rural Lands District (RUL). These are the
zones that border I-25 and also conform to the City of Fort Collins Structure Plan. This annexation continues
the City of Fort Collins' practice of annexing I-25 right-of-way.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs
that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances. Not less than thirty days of prior notice is required by state law.
According to policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider
annexation of property in the GMA when the property is eligible for annexation according to State law.
The 282-acre Highway I-25 Third Annexation contains two parcels referred to as “Area No. 1” and “Area No.
2.” The contiguous boundary for Area No. 1 is 27.17% and for Area No. 2 is 22.33%. The contiguity satisfies
the one-sixth (1/6) area required by Colorado Revised Statutes.
Contiguity is gained from the 11 previous annexations:
1. Highway 1-25 First Annexation, 1989
2. Highway I-25 Second Annexation, 1989
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Agenda Item 12
Item # 12 Page 2
3. Frontage Road Industrial Associates, LTD. Annexation, 1990
4. Kirschner Annexation, 1993
5. Arapaho Bend Second Annexation, 1998
6. Interchange Business Park Third Annexation, 2005
7. Fossil Creek Reservoir Open Space Annexation, 2008
8. Riverwalk Annexation, 2009
9. Fossil Creek 392 Annexation, 2009
10. Lodge Pole Investments LLC Annexation, 2015
11. Maverik First Annexation, 2016
This annexation request is in conformance with 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.
CITY FINANCIAL IMPACTS
There are no City financial impacts associated with this request
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its
regular monthly meeting on October 19, 2017, and will make its recommendation at that time. The Board’s
recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning
ordinances on November 7, 2017. Also, as noted, this is a voluntary annexation.
PUBLIC OUTREACH
There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements
that comply with state statues.
ATTACHMENTS
1. Highway I-25 Third Vicinity Map (PDF)
2. I-25 Third Area No. 1 Structure Plan Map (PDF)
3. I-25 Third Area No. 2 Structure Plan Map (PDF)
4. Annexation Map (PDF)
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Harmony Rd
Horsetooth Rd
Drake Rd
Prospect Rd
Kechter Rd
Carpenter Rd
College Ave
I-25 First Annexation
March 31, 1989
I-25 Second Annexation
September 29, 1989
Area No.2 of
I-25 Third Annexation
Area No. 1 of
I-25 Third Annexation
ATTACHMENT 1
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Attachment: Highway I-25 Third Vicinity Map (5921 : Highway I-25 Third Annexation)
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Highway I-25 Third Annexation
Scale500 1:12,
Structure Plan
Land Use
Commercial Corridor District
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Employment District
Industrial District
Urban Estate
Low Density Mixed-Use Neighborhoods
Medium Density Mixed-Use Neighborhoods
Open Lands, Parks and Stream Corridors
Adjacent Planning Areas
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Highway Area I-No. 25 1 Third
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Structure Plan Map - Area No. 1 ATTACHMENT 2
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Attachment: I-25 Third Area No. 1 Structure Plan Map (5921 : Highway I-25 Third Annexation)
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Attachment: Annexation Map (5921 : Highway I-25 Third Annexation)
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Attachment: Annexation Map (5921 : Highway I-25 Third Annexation)
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Attachment: Annexation Map (5921 : Highway I-25 Third Annexation)
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Attachment: Annexation Map (5921 : Highway I-25 Third Annexation)
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Attachment: Annexation Map (5921 : Highway I-25 Third Annexation)
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RESOLUTION 2017-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION
PROCEEDINGS FOR THE I-25 THIRD ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the I-
25 Third Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the I-25
Third Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq.,
Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED 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 the City Council hereby accepts the annexation petition for the I-25
Third Annexation, more particularly described as situate in the County of Larimer, State of
Colorado, to wit:
Area No. 1:
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 9, THE WEST HALF OF
SECTION 10, THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER
OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9, AND CONSIDERING THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 TO BEAR N00°07'35"E, BASED
UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9,
N89°13'59"W, A DISTANCE OF 1,422.60 FEET TO THE POINT OF BEGINNING;
THENCE N00°46'01"E, A DISTANCE OF 37.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 25;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING THIRTEEN (13)
COURSES:
1. N67°20'31"E, A DISTANCE OF 163.70 FEET;
2. N81°40'31"E, A DISTANCE OF 506.05 FEET;
3. N58°25'01"E, A DISTANCE OF 177.58 FEET;
4. N38°18'01"E, A DISTANCE OF 497.10 FEET;
5. N16°51'31"E, A DISTANCE OF 208.80 FEET;
6. N00°09'31"E, A DISTANCE OF 37.00 FEET;
7. N00°07'59"W, A DISTANCE OF 905.30 FEET;
8. N00°06'04"W, A DISTANCE OF 784.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF THE BNSF RAILWAY, SAID POINT HEREINAFTER KNOWN AS
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POINT “A”;
9. N00°04'42"W, A DISTANCE OF 50.01 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF SAID RAILWAY;
10. N02°02'16"E, A DISTANCE OF 214.80 FEET;
11. N01°58'07"E, A DISTANCE OF 660.41 FEET TO THE SOUTHEAST CORNER OF THE
FRONTAGE ROAD INDUSTRIAL ASSOCIATES, LTD. ANNEXATION TO THE CITY OF
FORT COLLINS;
12. ALONG THE EAST LINE OF SAID ANNEXATION, N01°56'17"E, A DISTANCE OF 423.94
FEET;
13. CONTINUING ALONG THE EAST LINE OF SAID ANNEXATION, N00°08'13"W, A
DISTANCE OF 600.00 FEET TO THE SOUTHWEST CORNER OF THE HIGHWAY I-25
FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG THE SOUTH LINE OF SAID HIGHWAY I-25 FIRST ANNEXATION, N89°42'16"E,
A DISTANCE OF 220.58 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 9 FROM
WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N00°07'40"E, A DISTANCE
OF 687.88 FEET;
THENCE CONTINUING ALONG SAID SOUTH LINE OF THE HIGHWAY I-25 FIRST
ANNEXATION, N89°42'16"E, A DISTANCE OF 39.18 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE WESTERLY
BOUNDARY OF THE KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWELVE (12)
COURSES:
1. ALONG SAID WESTERLY BOUNDARY OF THE KIRSCHNER ANNEXATION,
S00°07'20"E, A DISTANCE OF 500.00 FEET;
2. CONTINUING ALONG SAID WESTERLY BOUNDARY, S04°06'37"E, A DISTANCE OF
1,410.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE BNSF
RAILWAY;
3. S00°06'11"E, A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID RAILWAY;
4. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S89°02'25"E, A DISTANCE OF 10.00
FEET;
5. S05°33'58"W, A DISTANCE OF 294.27 FEET;
6. S03°36'58"W, A DISTANCE OF 451.00 FEET;
7. S00°14'02"E, A DISTANCE OF 940.70 FEET;
8. S00°03'28"W, A DISTANCE OF 37.90 FEET;
9. S13°59'02"E, A DISTANCE OF 206.20 FEET;
10. S38°05'41"E, A DISTANCE OF 442.05 FEET;
11. S58°25'02"E, A DISTANCE OF 233.20 FEET;
12. S81°25'02"E, A DISTANCE OF 290.70 FEET TO A POINT ON THE WEST LINE OF THE
INTERCHANGE BUSINESS PARK THIRD ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ALONG SAID WEST LINE AND CROSSING THE RIGHT OF WAY OF STATE HIGHWAY
14, S00°36'58"W, A DISTANCE OF 403.26 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE NORTHEAST CORNER OF
THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8)
COURSES:
1. ALONG THE NORTHERLY LINE OF SAID MAVERIK FIRST ANNEXATION,
S82°10'17"W, A DISTANCE OF 189.70 FEET;
2. CONTINUING ALONG SAID NORTHERLY LINE, S66°30'41"W, A DISTANCE 19.01 FEET
TO THE NORTHWEST CORNER OF SAID MAVERIK FIRST ANNEXATION ;
3. S66°30'41"W, A DISTANCE OF 200.21 FEET;
4. S42°25'00"W, A DISTANCE OF 56.07 FEET TO A CORNER OF THE INTERCHANGE
BUSINESS PARK THIRD ANNEXATION;
5. ALONG THE NORTHWESTERLY BOUNDARY OF SAID INTERCHANGE BUSINESS
PARK THIRD ANNEXATION, S42°25'00"W, A DISTANCE OF 444.41 FEET;
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6. CONTINUING ALONG THE NORTHWESTERLY BOUNDARY OF SAID INTERCHANGE
BUSINESS PARK THIRD ANNEXATION, S19°54'34"W, A DISTANCE OF 380.42 FEET;
7. S19°54'34"W, A DISTANCE OF 15.41 FEET;
8. S00°11'35"W, A DISTANCE OF 1,538.04 FEET TO THE NORTHEAST CORNER OF THE
HIGHWAY I-25 SECOND ANNEXATION TO THE CITY OF FORT COLLINS, FROM
WHENCE THE WEST QUARTER CORNER OF SECTION BEARS S51°53’12"W, 70.09
FEET;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID HIGHWAY I-25 SECOND
ANNEXATION, S89°19'03"W, A DISTANCE OF 249.60 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SIX (6) COURSES:
1. N00°11'01"E, A DISTANCE OF 1,314.65 FEET;
2. N10°48'59"W, A DISTANCE OF 509.26 FEET;
3. N28°13'29"W, A DISTANCE OF 286.40 FEET;
4. N54°14'29"W, A DISTANCE OF 427.20 FEET;
5. N82°23'29"W, A DISTANCE OF 503.60 FEET;
6. N67°25'59"W, A DISTANCE OF 161.60 FEET;
THENCE N00°46'01"E, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
ANY PORTION OF THE ABOVE DESCRIBED TRACT THAT LIES WITHIN THE RIGHT OF WAY
OF THE BNSF RAILWAY, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT “A”, SAID POINT BEING ON THE SOUTH
BOUNDARY OF SAID RIGHT OF WAY;
THENCE N00°04'42"W, A DISTANCE OF 50.01 FEET TO A POINT ON THE NORTH BOUNDARY
OF SAID RIGHT OF WAY;
THENCE ALONG SAID NORTH BOUNDARY, S88°57'18"E, A DISTANCE OF 259.98 FEET;
THENCE CONTINUING ALONG SAID NORTH BOUNDARY, S89°02'25"E, A DISTANCE OF 145.23
FEET;
THENCE S00°06'11"E, A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH BOUNDARY OF
SAID RIGHT OF WAY;
THENCE ALONG SAID SOUTH BOUNDARY, N89°02'25"W, A DISTANCE OF 146.20 FEET;
THENCE CONTINUING ALONG SAID SOUTH BOUNDARY N88°57'18"W, A DISTANCE OF 259.04
FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL OF 86.12 ACRES, MORE OR LESS
Area No. 2:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 27, AND IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., AND IN SECTIONS 3,
10, AND 15, AND IN THE NORTH HALF OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST
OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, AND CONSIDERING
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 TO BEAR S01°46’53"E,
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3,
N89°29'53"W, A DISTANCE OF 633.75 FEET TO THE POINT OF BEGINNING;
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THENCE CONTINUING ALONG SAID NORTH LINE, N89°29'53"W, A DISTANCE OF 20.81 FEET;
THENCE N00°30'07"E, A DISTANCE OF 231.24 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 25;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOURTEEN (14)
COURSES:
1. N54°12'15"E, A DISTANCE OF 85.99 FEET;
2. N25°05'34"E, A DISTANCE OF 473.23 FEET TO THE SOUTHEAST CORNER OF THE
ARAPAHO BEND SECOND ANNEXATION TO THE CITY OF FORT COLLINS;
3. ALONG THE EAST BOUNDARY OF SAID ANNEXATION, N25°05'34"E, A DISTANCE OF
178.22 FEET;
4. CONTINUING ALONG SAID EAST BOUNDARY, N02°05'53"W, A DISTANCE OF 554.86
FEET;
5. CONTINUING ALONG SAID EAST BOUNDARY, 1,027.93 FEET ALONG THE ARC OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 5,565.00 FEET, A CENTRAL ANGLE OF
10°35'00", AND A CHORD WHICH BEARS N07°23'23"W A DISTANCE OF 1,026.47 FEET;
6. CONTINUING ALONG SAID EAST BOUNDARY, N12°40'53"W, A DISTANCE OF 876.04
FEET;
7. S75°05'30"E, A DISTANCE OF 17.16 FEET;
8. N12°46'30"W, A DISTANCE OF 622.70 FEET;
9. N43°00'30"W, A DISTANCE OF 202.60 FEET;
10. N12°46'30"W, A DISTANCE OF 450.00 FEET;
11. N12°20'00"E, A DISTANCE OF 193.30 FEET;
12. N12°31'00"W, A DISTANCE OF 400.00 FEET;
13. N15°21'54"W, A DISTANCE OF 700.66 FEET;
14. N12°46'30"W, A DISTANCE OF 246.40 FEET TO A POINT ON THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD;
THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, S56°49'30"E, A DISTANCE OF
175.51 FEET;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 355.61 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.82 FEET, A
CENTRAL ANGLE OF 07°14'18", AND A CHORD WHICH BEARS S53°12'21"E A DISTANCE OF
355.37 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE
HIGHWAY 25;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING ELEVEN (11)
COURSES:
1. ALONG THE WESTERLY BOUNDARY OF THOMPSON ANNEXATION NO. 3 TO THE
TOWN OF TIMNATH AND THE NORTHERLY AND SOUTHERLY PROLONGATIONS
THEREOF, S09°37'30"E, A DISTANCE OF 951.33 FEET ;
2. S57°12'00"E, A DISTANCE OF 140.00 FEET;
3. N77°13'30"E, A DISTANCE OF 200.00 FEET TO A CORNER OF SAID THOMPSON
ANNEXATION NO. 3;
4. ALONG THE WESTERLY BOUNDARY OF SAID THOMPSON ANNEXATION NO. 3,
S12°46'30"E, A DISTANCE OF 550.00 FEET;
5. S77°13'30"W, A DISTANCE OF 223.10 FEET;
6. ALONG THE WESTERLY BOUNDARY OF SAID THOMPSON ANNEXATION NO. 3 AND
THE NORTHERLY PROLONGATION THEREOF, S12°57'16"E, A DISTANCE OF 874.72
FEET;
7. S72°23'30"W, A DISTANCE OF 77.93 FEET;
8. S12°46'30"E, A DISTANCE OF 619.46 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SECTION 34;
9. ALONG SAID NORTH LINE, S89°24'22"E, A DISTANCE OF 237.74 FEET TO THE CENTER
QUARTER CORNER OF SAID SECTION 34, WHICH IS ALSO THE NORTHWEST
CORNER OF FLATIRON ANNEXATION NO. 2 TO THE TOWN OF TIMNATH;
10. ALONG THE WEST BOUNDARY OF SAID ANNEXATION AND ALONG THE WEST
BOUNDARY OF FLATIRON ANNEXATION “NO. 1”, S00°10'51"W, A DISTANCE OF
1,889.31 FEET;
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11. ALONG THE WEST BOUNDARY OF FLATIRON ANNEXATION “NO. 1”, S16°49'29"E, A
DISTANCE OF 389.43 FEET TO THE NORTHWEST CORNER OF THE HARMONY ROAD
SECOND ANNEXATION TO THE TOWN OF TIMNATH;
THENCE ALONG THE WEST BOUNDARY OF SAID ANNEXATION AND CROSSING THE RIGHT
OF WAY OF HARMONY ROAD THE FOLLOWING THREE (3) COURSES:
1. S16°49'23"E, A DISTANCE OF 292.33 FEET;
2. S00°29'41"W, A DISTANCE OF 171.54 FEET;
3. S89°30'19"E, A DISTANCE OF 147.08 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE NORTHWEST
CORNER OF THE I-25 AND HARMONY ROAD ANNEXATION TO THE TOWN OF
TIMNATH;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 25 THE
FOLLOWING TWENTY-NINE (29) COURSES:
1. ALONG THE WESTERLY BOUNDARY OF SAID I-25 AND HARMONY ROAD
ANNEXATION, S14°35'10"W, A DISTANCE OF 1,216.81 FEET;
2. CONTINUING ALONG SAID WESTERLY BOUNDARY AND ITS SOUTHERLY
PROLONGATION, S01°46'53"E, A DISTANCE OF 1,406.49 FEET TO THE CENTER
QUARTER CORNER OF SECTION 3;
3. ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 3, S01°46'51"E, A
DISTANCE OF 2,052.09 FEET;
4. S19°54'15"E, A DISTANCE OF 537.16 FEET;
5. S83°16'05"E, A DISTANCE OF 415.26 FEET;
6. S00°55'32"W, A DISTANCE OF 30.00 FEET;
7. S89°04'28"E, A DISTANCE OF 199.98 FEET;
8. S00°55'26"W, A DISTANCE OF 30.00 FEET;
9. S86°29'56"W, A DISTANCE OF 777.90 FEET;
10. S00°00'26"W, A DISTANCE OF 438.57 FEET;
11. N89°54'34"W, A DISTANCE OF 1.27 FEET;
12. S00°08'57"W, A DISTANCE OF 2,112.45 FEET;
13. S00°13'57"W, A DISTANCE OF 666.58 FEET;
14. S00°14'02"W, A DISTANCE OF 660.65 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10;
15. ALONG SAID NORTH LINE, N89°07'41"W, A DISTANCE OF 19.28 FEET TO THE
CENTER-EAST SIXTEENTH CORNER OF SECTION 10;
16. S00°27'19"W, A DISTANCE OF 1,316.25 FEET TO THE SOUTH QUARTER CORNER OF
SECTION 10;
17. ALONG THE WEST BOUNDARY OF THE FOSSIL CREEK MEADOWS ANNEXATION TO
THE TOWN OF WINDSOR AND ITS NORTHERLY PROLONGATION, WHICH IS ALSO
THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, S00°29'36"W, A
DISTANCE OF 2,133.81 FEET;
18. DEPARTING THE QUARTER SECTION LINE AND CONTINUING ALONG THE WEST
BOUNDARY OF SAID ANNEXATION, S17°24'05"E, A DISTANCE OF 161.51 FEET;
19. CONTINUING ALONG SAID WEST BOUNDARY, S00°11'44"W, A DISTANCE OF 1,620.73
FEET TO THE NORTHWEST CORNER OF THE PTARMIGAN BUSINESS PARK SECOND
ANNEXATION TO THE TOWN OF WINDSOR;
20. ALONG THE WESTERLY BOUNDARY OF SAID PTARMIGAN BUSINESS PARK
SECOND ANNEXATION, S00°17'07"W, A DISTANCE OF 226.69 FEET;
21. CONTINUING ALONG SAID WESTERLY BOUNDARY AND ALONG THE WESTERLY
BOUNDARY OF THE PTARMIGAN BUSINESS PARK FIRST ANNEXATION TO THE
TOWN OF WINDSOR, S16°06'53"E, A DISTANCE OF 1,085.40 FEET;
22. CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID PTARMIGAN BUSINESS
PARK FIRST ANNEXATION, N89°41'07"E, A DISTANCE OF 50.00 FEET;
23. CONTINUING ALONG SAID WESTERLY BOUNDARY, S42°35'23"E, A DISTANCE OF
148.70 FEET;
24. CONTINUING ALONG SAID WESTERLY BOUNDARY, S00°35'41"E, A DISTANCE OF
79.98 FEET TO A CORNER OF THE WINDSOR HIGHLANDS ANNEXATION NO. 7 TO
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THE TOWN OF WINDSOR;
25. ALONG THE WESTERLY BOUNDARY OF SAID WINDSOR HIGHLANDS ANNEXATION
NO.7, S58°43'19"W, A DISTANCE OF 116.81 FEET;
26. CONTINUING ALONG SAID WESTERLY BOUNDARY, S89°40'35"W, A DISTANCE OF
49.83 FEET;
27. CONTINUING ALONG SAID WESTERLY BOUNDARY, S22°37'04"W, A DISTANCE OF
658.50 FEET;
28. CONTINUING ALONG SAID WESTERLY BOUNDARY, S05°25'32"W, A DISTANCE OF
803.31 FEET;
29. CONTINUING ALONG SAID WESTERLY BOUNDARY, S00°12'32"W, A DISTANCE OF
1,151.94 FEET TO A CORNER OF SAID WINDSOR HIGHLANDS ANNEXATION NO. 7
WHICH LIES ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 22;
THENCE S89°41’23"W, A DISTANCE OF 78.66 FEET TO THE CENTER QUARTER CORNER OF
SECTION 22;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22,
S89°42'56"W, A DISTANCE OF 170.96 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY 25;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES:
1. N00°11'31"E, A DISTANCE OF 1,163.34 FEET;
2. N04°06'12"W, A DISTANCE OF 165.88 FEET TO THE SOUTHEAST CORNER OF THE
LODGEPOLE INVESTMENTS LLC ANNEXATION TO THE CITY OF FORT COLLINS;
3. ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION, N04°06'12"W, A
DISTANCE OF 523.98 FEET;
4. CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION AND
ALONG THE EASTERLY BOUNDARY OF THE FOSSIL CREEK 392 ANNEXATION TO
THE CITY OF FORT COLLINS, N18°24'30"W, A DISTANCE OF 264.10 FEET;
5. CONTINUING ALONG SAID EASTERLY BOUNDARY OF THE FOSSIL CREEK 392
ANNEXATION, N31°12'26"W, A DISTANCE OF 553.67 FEET TO THE SOUTHEAST
CORNER OF THE INTERSTATE LAND HOLDINGS ANNEXATION TO THE CITY OF
FORT COLLINS;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID INTERSTATE LAND HOLDINGS
ANNEXATION THE FOLLOWING NINE (9) COURSES:
1. ACROSS THE RIGHT OF WAY OF STATE HIGHWAY 392, N00°42'38"W, A DISTANCE OF
156.17 FEET;
2. CONTINUING ACROSS SAID RIGHT OF WAY, N33°26'08"E, A DISTANCE OF 90.10 FEET;
3. CONTINUING ACROSS SAID RIGHT OF WAY, N18°01'38"E, A DISTANCE OF 11.45
FEET;
4. N83°57'33"E, A DISTANCE OF 113.22 FEET;
5. N44°48'39"E, A DISTANCE OF 118.86 FEET;
6. N08°32'02"E, A DISTANCE OF 337.31 FEET;
7. N13°27'15"E, A DISTANCE OF 514.74 FEET;
8. N04°40'04"E, A DISTANCE OF 216.25 FEET;
9. N83°20'26"W, A DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 25;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SIXTEEN (16)
COURSES:
1. N06°11'23"E, A DISTANCE OF 478.00 FEET;
2. N00°13'59"E, A DISTANCE OF 714.83 FEET;
3. N16°28'12"W, A DISTANCE OF 104.39 FEET;
4. N00°13'59"E, A DISTANCE OF 2,695.26 FEET;
5. N08°45'59"E, A DISTANCE OF 202.18 FEET;
6. N00°13'59"E, A DISTANCE OF 4,595.38 FEET;
7. N18°08'36"W, A DISTANCE OF 463.76 FEET;
8. N82°50'36"W, A DISTANCE OF 534.40 FEET TO A CORNER OF THE RIVERWALK
ANNEXATION TO THE CITY OF FORT COLLINS;
9. ALONG THE EASTERLY BOUNDARY OF SAID RIVERWALK ANNEXATION,
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N00°55'24"E, A DISTANCE OF 30.00 FEET;
10. CONTINUING ALONG SAID EASTERLY BOUNDARY, S89°04'36"E, A DISTANCE OF
100.00 FEET;
11. CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°55'24"E, A DISTANCE OF
30.00 FEET;
12. CONTINUING ALONG SAID EASTERLY BOUNDARY, N84°55'54"E, A DISTANCE OF
574.58 FEET;
13. CONTINUING ALONG SAID EASTERLY BOUNDARY, 135.77 FEET ALONG THE ARC OF
A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 11,295.00 FEET, A
CENTRAL ANGLE OF 00°41'19", AND A CHORD WHICH BEARS N01°43'13"W A
DISTANCE OF 135.77 FEET;
14. CONTINUING ALONG SAID EASTERLY BOUNDARY, N02°02'35"W, A DISTANCE OF
4,185.35 FEET;
15. CONTINUING ALONG SAID EASTERLY BOUNDARY, N24°15'59"W, A DISTANCE OF
793.35 FEET;
16. CONTINUING ALONG SAID EASTERLY BOUNDARY, N56°56'01"W, A DISTANCE OF
82.86 FEET;
THENCE N00°30'07"E, A DISTANCE OF 105.59 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL OF 196.12 ACRES, MORE OR LESS
Section 3. That the City Council hereby finds and determines that the annexation
petition for the I-25 Third Annexation is in substantial compliance with the Municipal
Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area
proposed to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
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Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the I-25 Third Annexation is in
substantial compliance with the Municipal Annexation Act in that the map contains the
following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks;
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of September, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 142
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-086 initiating annexation proceedings for the I-25 Third Annexation, with Area
No. 1 consisting of approximately 86 acres located along Interstate Highway 25 extending
approximately 4620’ north and 2640’ south from the intersection of E. Mulberry Street/State
Highway 14 and Interstate Highway 25, and Area No. 2 consisting of approximately 196 acres
located along Interstate Highway 25 extending approximately 6060’ north and 18,650’ south
from the intersection of E. Harmony Road and Interstate Highway 25, said Annexation being
more particularly described in Resolution 2017-086.
That, on November 7, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter
may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Community Commercial (“C-C”) Zone District, the Industrial (“I”) Zone District, the Public
Open Land (“P-O-L”) Zone District and the Rural Lands (“R-U-L”) Zone District.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 19th day of September, A.D. 2017.
_______________________________
Interim City Clerk
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Attachment: Exhibit A (5925 : Highway I-25 Third Annexation RESO)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Lucinda Smith, Environmental Sustainability Director
Jackie Kozak-Thiel, Chief Sustainability Officer
Lindsay Ex, Environmental Program Manager
Judy Schmidt, Legal
SUBJECT
Resolution 2017-087 Authorizing Participation in the Compact of Colorado Communities.
EXECUTIVE SUMMARY
The purpose of this item is to consider a proposal to join the Compact of Colorado Communities. The Compact
of Colorado Communities is a newly forming organization that will focus on building capacity in Colorado local
governments and increasing community collaboration to rapidly scale up and advance climate action planning
and implementation. Benefits include access to pro bono resources and tools made available exclusively
through the Compact, the opportunity to identify and establish new partners and funding resources for climate
action, and free climate trainings for up to 25 staff/year (in addition to free trainings required for participation.)
To participate, the City would pay annual dues of $3,600, participate in the annual meeting, commit to the
annual training requirements, and announce a new goal or initiative that best fits Fort Collins needs by
December 31, 2019.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
At a statewide climate summit in Aspen this May, elected officials and senior staff representing 27 local
Colorado governments pledged to initiate a new network called the Compact of Colorado Communities (the
Compact). The objective of the Compact is to bring cities and counties together in taking constructive and
practical climate action. Mayor Troxell was one of the 27 signatories who pledged to champion participation in
the Compact. Signatories also committed to bringing a resolution to their governing boards for consideration
by September 30, 2017. Attachment 1 identifies the pledge signatories and participant organizations.
For more information about the Compact, see <https://www.compactofcoloradocommunities.org/>
Requirements and Benefits
A subcommittee of potential members formed in June to draft membership requirements. City staff
participated on that subcommittee. Attachment 2, Guidelines for Member Participation and Commitments,
provides the detailed participation requirements, summarized below.
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Agenda Item 13
Item # 13 Page 2
Participation Requirements
Contribute annual dues ($3,600/year for Fort Collins, subject to annual appropriation)
Select one elected official and one senior staff person to serve as official representatives to the Compact
and participate in the annual meeting
Each year, identify one elected official and six City staff to participate in free trainings offered through the
Compact
Establish and announce a new goal or initiative by December 31, 2019 that meets an appropriate
aggressiveness threshold to be agreed upon by a Steering Committee.
Participation Benefits Include:
Opportunities to find cost effective and pragmatic solutions to address climate goals through working
together with other communities
Opportunity to identify and establish new partners and funding resources
Capacity building through free climate trainings for up to 25 staff per year (in addition to the seven free
training requirements specified as a requirement for participation)
Access to pro bono resources and tools made available exclusively through the Compact
Technical support and guidance on climate mitigation and adaptation efforts
Participation in the Compact would provide opportunities for increased staff education and training, greater
opportunities for collaboration on climate action, and the potential to engage more Colorado communities in
climate action. As a more mature community in climate action, Fort Collins can share our best practices with
communities just embarking on this work. Fort Collins’ successes to date include creating strong internal
alignment around our local climate goals, and significantly leveraging community investment at a ratio of 2.3 to
1. As a result of improved efficiencies, Fort Collins businesses are saving over $9.5M annually.
As more communities in Colorado embrace climate action, we can work together to find cost effective and
pragmatic approaches to our goals.
Relationship to Other Organizations
The Compact of Colorado Communities is intended to build increased capacity for climate action in local
communities through training, enhanced opportunities for collaboration with others (including many
communities newer to climate action), and access to increased funding sources. It is an engagement and
capacity building organization. It differs from the Colorado Communities for Climate Action (CC4CA), of which
Fort Collins is also a member. CC4CA is a lobbying organization with a goal to influence state and federal
legislation and regulations.
Review After One Year
City staff will conduct a review of the organization and the benefits of participation after one full year of
participation, and provide that review to the City Manager.
CITY FINANCIAL IMPACTS
The annual participation dues are $3,600 for Fort Collins. (The 2017 amount is pro-rated to $900.) Funding is
available to cover the 2017 and 2018 dues within the existing appropriated budget. There will be minor
incidental expense also associated with in-state travel to the annual Compact meeting.
ATTACHMENTS
1. Colorado Compact-Event Signatories (PDF)
2. Guidelines for Member Participation and Commitments (PDF)
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Packet Pg. 145
Compact of Colorado Communities
Pledge Signatories & Participant Organizations
Pledge Signatories
The following is a list of cities and county officials who pledged to champion participation in the Compact
of Colorado Communities at the launch event hosted by the City of Aspen on May 19, 2017:
Signatory Title City/County
Steve Skadron Mayor City of Aspen
Suzanne Jones Mayor City of Boulder
Elise Jones Commissioner Boulder County
Wade Troxell Mayor City of Fort Collins
Thomas Davidson, Dan Gibbs &
Karn Stiegelmeier
Board of County
Commissioners
Summit County
George Newman Commissioner Pitkin County
Jill Ryan, Kathy Chandler-Henry &
Jeanne McQueeney
Commissioners Eagle County
Auden Schendler Councilman Town of Basalt
Eric Mamula Mayor Town of Breckenridge
Christine Berg Mayor City of Lafayette
David Chapin Councilman Town of Vail
Anita Seitz Councillor City of Westminster
Dick White & Dean Brookie Mayor & Councilman City of Durango
Josef Lucero Mayor Alamosa
Shelley Kaup Councilwoman City of Glenwood
Springs
Dana Gutwein Councilwoman City of Lakewood
Nicole Nicoletta Mayor City of Manitou Springs
Joseph Behm Mayor Pro Tem City of Golden
Ronnald Akey Mayor City of Wray
Sarah Smith Hymes Mayor Pro Tem Town of Avon
Sean Murphy Mayor Town of Telluride
Daniel Richardson Mayor Town of Carbondale
Jimmy Lahrman Mayor Town of Winter Park
Andrew Jessen Member, Board of
Trustees
Town of Eagle
Hunter Mortensen Mayor Pro Tem Town of Frisco
John Widerman Council Member Town of Minturn
Anne Martens Director, Public Works Town of Snowmass
Village
Organizations that Participated
in the Summit Launch Event
• Association of Climate Change
Officers
• Citizens Climate Lobby
• Climate Reality Project
• Colorado Association of Ski
Towns
• Colorado Department of Local
Affairs
• Colorado Division of
Homeland Security and
Emergency Management
• Colorado Resiliency and
Recovery Office
• Colorado State University
• Colorado Water Conservation
Compact of Colorado Communities
Guidelines for Member Participation & Commitments (updated August 15, 2017)
Member Training & Participation
• Assign one elected official and one senior staff person to serve as liaisons and official representatives to the
Compact.
• Assign at least one elected official and one senior staff to participate in the annual convening of the Compact,
the first of which will take place in late 2017 or early 2018.
• The Steering Committee will work with the Association of Climate Change Officers (“ACCO”) to establish
parameters for each category of individuals participating in training to account for reasonable time
requirements, desired core competencies, course format/delivery and appropriate learning progressions.
• Commit leadership and staff participation in annual climate change training as referenced in the Compact’s
published guidelines per the following table:
City/County
Population Size
Elected
officials
City/county
management or
chief of staff
Staff with significant decision-making
responsibilities and authority
(e.g. planning, civil works, transportation, emergency management)
Under 20,000 1 1 1
20,001-75,000 1 1 2
75,001-125,000 1 1 3
125,001-175,000 1 2 4
175,001-350,000 1 2 5
> 350,001 1 2 6
Member Contributions & Compact Fundraising
• Encourage staff, as appropriate, to provide non-financial support to the Compact’s fundraising efforts to ensure
that the Compact has sufficient and sustainable funding to supports its members.
• Make an annual contribution to the Compact based upon the following chart, with the contribution due by no
later than 30 days after the local government’s fiscal year start date.
• Minimum contributions are based upon the table below:
Annual Budget Member Contribution Annual Budget Member Contribution
Under $10M $800 $200M - $300M $2,800
$10M - $25M $1,200 $300M - $500M $3,200
$25M - $50M $1,600 $500M - $1B $3,600
$50M - $100M $2,000 Over $1B $4,000
$100M - $200M $2,400
ATTACHMENT 2
13.2
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Attachment: Guidelines for Member Participation and Commitments (5922 : Compact of Colorado Comunities)
Compact of Colorado Communities
Guidelines for Member Participation & Commitments (updated August 15, 2017)
Guidelines for 2017 Contributions
The 2017 fiscal year contributions are determined by the above contribution levels with the following prorated
percentages applied. Contributions are due within 30 days of joining the Compact.
January 1 – March 31 April 1 – June 30 July 1 – August 31 September 1 – December 31
25% 50% 75% 100%
Member Actions
• Establish and publicly announce a new goal or initiative by no later than December 31, 2019 that meets an
appropriate aggressiveness threshold to be agreed upon by the Steering Committee in consultation with ACCO,
independent experts and Compact staff.
• Each Compact member will have the flexibility to choose a commitment type that best fits their community’s
needs, opportunities, capabilities and other considerations (e.g. GHG reduction, clean energy deployment,
climate preparedness).
o Compact staff (leveraging third-party resources as appropriate) will provide guidance to members on
shaping new goals/initiatives, as well as technical support on implementation of those activities.
o Compact staff may also submit proposals to state, Federal and non-governmental organizations to secure
funding for project implementation on behalf of member communities.
• All final commitments must be publicly announced and should be completed within the time frame announced
by the member community. Examples of goals, initiatives and projects include:
o Establish a new or updated greenhouse gas reduction goal; and/or
o Establish a renewable energy portfolio requirement, build a sufficiently sized renewable energy project or
create a program enabling residents to access renewable energy; and/or
o Establish a measurable energy-related goal resulting in a greenhouse gas (GHG) emissions reduction;
and/or
o Start a new local project that meaningfully reduces energy consumption or builds resilience in your
community; and/or
o Partner with at least one other Compact member to start a new clean energy project or climate
preparedness initiative.
Member Benefits
• Technical support and guidance on local projects that reduce greenhouse gas emissions, increase clean energy
deployment and/or build resiliency to climate affects.
• Access to pro bono resources and tools made available exclusively through and by the Compact.
• Opportunities to identify and establish new partners and funding resources.
• Assistance with communicating and messaging with constituents.
• Recognition as a signatory, and as appropriate, through speaking roles, publications and media opportunities.
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Attachment: Guidelines for Member Participation and Commitments (5922 : Compact of Colorado Comunities)
Compact of Colorado Communities
Guidelines for Member Participation & Commitments (updated August 15, 2017)
• Access to special events organized exclusively for Compact members and/or through third-party
events/organizers, including in particular, training topics not covered by ACCO's training resources.
• All online training furnished by ACCO to support members’ training requirements is included with Compact
membership contribution.
• In addition to the staff participating in the required training referenced above, ACCO will provide on-demand
and live online training at no additional cost to up to 25 total staff per year from each member community.
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Attachment: Guidelines for Member Participation and Commitments (5922 : Compact of Colorado Comunities)
Compact of Colorado Communities
Guidelines for Member Participation & Commitments (updated August 15, 2017)
Member Benefits (continued)
• ACCO will waive the testing and application fees for up to 3 staff per year from each member community for
the Certified Climate Change Professional® (CC-P®) credential.
• Invitations to participate in ACCO’s member-only activities, including ACCO’s mentoring program.
Additional Services
• Members in need of technical or staff support beyond the scope of the Compact’s deliverables to members
may contract the Compact to provide additional technical support provided that the scope of work is consistent
with the Compact’s mission and programming. Service areas will include:
o Assessment of Your Workforce Capabilities & Governance Structure
o Workshop design & production
o Executive briefings
o Customized preliminary solar energy assessments
o Clean energy job fairs
o Facilitating energy efficiency treasure hunts
o Research and general staff support
• Service availability will be limited based upon staff availability and desired timing. Member activities that have
been included as part of the annual membership contribution will be given priority over prospective activities
being considered subsequently. A 25% discount on services will also be applied to members who secure or
reserve services as part of their annual contribution. Members interested in securing additional services should
contact Compact staff for additional information and to receive an estimate.
• All prospective contracted activities must be approved by the Steering Committee until the Compact has
engaged an executive director. Once the Compact has employed an executive director, all contract work in
excess of $15,000 per year (or more than $5,000 if it is outside the scope of the above-referenced service
menu), must be approved by the Steering Committee.
Participation
• Assign one elected official and one senior staff person to serve as liaisons and official representatives to the
Compact.
• Elected officials will be invited to participate in activities designed and appropriate for elected officials and
government leaders (to be held no more frequently than twice annually).
• Staff liaisons will be asked to address administrative issues, process annual contributions, coordinate usage of
Compact benefits and participate in Compact-wide meetings (to be held no more frequently than on a
quarterly basis).
• Member communities will be invited to assign staff to participate in supplemental training, working
groups/committees, special events and public engagement activities as they deem appropriate.
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Attachment: Guidelines for Member Participation and Commitments (5922 : Compact of Colorado Comunities)
-1-
RESOLUTION 2017-087
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING PARTICIPATION IN THE COMPACT OF COLORADO COMMUNITIES
WHEREAS, Colorado communities share in common a strong quality of life deeply
rooted in the state’s vigorous economy, agricultural and environmental resources, and rich
cultural heritage; and
WHEREAS, Colorado communities, residents and businesses throughout the state are
already beginning to feel the impacts of climate change such as reduced snowpack, high heat
days, earlier snowmelt runoff, and more frequent and severe floods, droughts and wildfires; and
WHEREAS, on May 19, 2017, elected officials and senior staff from Colorado cities and
counties pledged to present a formal charter to become co-founding members of the Compact of
Colorado Communities (the "Compact"), and
WHEREAS, the mission of the Compact is to build capacity of Colorado cities and
counties in developing and implementing aggressive climate change and clean energy initiatives
thus ensuring the security and economic prosperity of its member communities; and
WHEREAS, on March 3, 2015, Fort Collins City Council unanimously adopted
Resolution 2015-030, updating community greenhouse gas goals and targets to reduce such
emissions 20% below 2005 by 2020, 80% by 2030 and achieve carbon neutrality by 2050; and
WHEREAS, on December 15, 2015, Fort Collins City Council unanimously adopted
Resolution 2015-115 updating the Energy Policy and its supportive goals to reduce the
percentage contribution of coal-derived electricity to less than 60 percent by 2020 and increase
the overall amount of renewable energy to a minimum of 20 percent by 2020, and recognizing
that the City has a wide range of local and regional energy partners and that these resources can
best be used through continued engagement, collaboration, data-sharing and program
development, and
WHEREAS, the City’s 2016 Strategic Plan contains an objective to Achieve Climate
Action Plan (CAP) goals by reducing greenhouse gases (GHGs) and to engage citizens in ways
to educate and encourage behaviors toward more sustainable living practices, and
WHEREAS, the Compact will advance climate action and preparedness of its member
communities through:
Training and technical support to member communities in developing and delivering
community improvement programs advancing GHG reduction, clean energy and climate
preparedness;
Facilitating peer learning and resource sharing between local governments;
Enhancing local government capacity to address climate related risks and opportunities
throughout critical decision-making roles;
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Securing technical support and funding resources for members’ local implementation
efforts;
Spurring creation of jobs, improving public health and demonstrating bold actions; and
Advancing statewide preparedness and resilience;
and
WHEREAS, the Compact will be governed by a Steering Committee that includes
representation from member communities nominating their own elected officials and/or senior
staff (the “Steering Committee”); and
WHEREAS, the Compact will be administered by staff hired and dedicated to its own
mission without conflict of interest; and
WHEREAS, the Association of Climate Change Officers (“ACCO”) will act as a
temporary fiscal agent for the Compact until such time as the Compact may establish its own
organization or has identified a successor organization to serve in that role; and
WHEREAS, the City also participates in the Colorado Communities for Climate Action
whose mission is to advocate for state and federal policies to protect Colorado’s climate for
current and future generations, and thus is complementary to and not duplicative of the mission
of the Compact; and
WHEREAS, the City Council finds that participation in the Compact to address climate
change will further the City’s 2016 Strategic Plan objective to achieve CAP goals, support the
2016 Fort Collins Energy Policy, build community resilience, stimulate the local economy and is
in the best interest of the citizens of Fort Collins; and
WHEREAS, the City Council desires to authorize the City's participation in Compact of
Colorado Communities ("Compact") as described in this Resolution and to designate one elected
official and an alternate to participate in the annual convening of the Compact.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is directed and authorize to take such steps as are
necessary for the City to formally join the Compact of Colorado Communities and make the
following commitments:
A. Training & Capacity Building
1. City Council will select at least one elected official and the City Manager will assign at
least one senior staff member to participate in the annual convening of the Compact.
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2. The City will commit to leadership and senior staff participation in annual climate change
training as referenced in the Compact’s published guidelines, involving one elected
official, one City management/chief of staff, and 4 additional staff annually.
B. Contribution & Funding - The City will:
1. Make an annual contribution to the Compact of $3,600, with a prorated 2017 contribution
of $900 due 30 days after joining the Compact, and the 2018 contribution due no later
than February 1, 2018. All financial commitments beyond the 2017 fiscal year shall be
subject to sufficient funds being budgeted, appropriated, and otherwise made available by
the City Council.
2. Encourage staff, as appropriate, to provide non-financial support to the Compact’s
fundraising efforts to ensure that the Compact has sufficient and sustainable funding to
supports its members.
C. Actions – The City will:
1. Establish and publicly announce a new goal or initiative by no later than December 31,
2019 that meets an appropriate aggressiveness threshold to be agreed upon by the
Steering Committee in consultation with ACCO and Compact staff.
D. Participation
1. The designated elected official and staff representatives will serve as liaisons and official
representatives to the Compact.
2. Elected officials will be invited to participate in activities designed and appropriate for
elected officials and government leaders (to be held no more frequently than twice
annually).
3. Staff liaisons will be asked to address administrative issues, process annual contributions,
coordinate usage of Compact benefits and participate in Compact-wide meetings (to be
held no more frequently than on a quarterly basis).
Section 3. That the City Council hereby designates Mayor Wade Troxell as the
elected official to serve as its representative to the Compact.
Section 4. That the City Council hereby designates Mayor Pro Tem Gerry Horak as
an alternate to serve as its elected official representative to the Compact when the designated
representative is unavailable.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of September, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Ingrid Decker, Legal
SUBJECT
Resolution 2017-088 Appointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins Municipal
Court.
EXECUTIVE SUMMARY
The purpose of this item is to appoint Teresa Ablao as an Assistant Municipal Judge.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In April 2017, a revision to the Charter provision relating to Municipal Court was approved by the voters. Article
VII, Section 1 now provides that Council shall appoint the judge or judges of Municipal Court
Ordinance No. 115, 2017, approved on Second Reading on September 5, 2017, clarified the duties of
municipal judges and states that the City Council may appoint Assistant Municipal Judges. Teresa Ablao has
served as Temporary Judge for Fort Collins (pursuant to the previous wording of the Charter) since 2012,
having also been reappointed every 2 years. Judge Ablao’s contract also refers to her as “Assistant Municipal
Judge.” Her current appointment is through June 30, 2018.
This Resolution designates Judge Teresa Ablao as Assistant Municipal Judge. The term of her appointment,
pay, and other terms of her Employment Agreement remain unchanged.
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RESOLUTION 2017-088
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING TERESA ABLAO AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT
WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 004, 2017,
submitting to a vote of the City’s registered electors a proposed amendment to Article VII,
Section 1 of the City Charter pertaining to appointment of municipal judges (the “Charter
Change”); and
WHEREAS, at the regular municipal election on April 4, 2017, voters approved the
Charter Change; and
WHEREAS, the purpose of the Charter Change was to give the City flexibility to hire
additional Municipal Judges when appropriate to handle changes in the Municipal Court
caseload, and to appoint a Chief Judge with specified duties; and
WHEREAS, Judge Teresa Ablao has served as a “Temporary Judge” for Fort Collins,
pursuant to the previous wording of the Charter, since 2012, and her current appointment as
Temporary Judge is through June 30, 2018; and
WHEREAS, on September 5, 2017, the City Council adopted Ordinance No. 115, 2017,
amending Section 2-493 of the City Code to clarify that additional judges appointed by the City
Council will be designated “Assistant Municipal Judges”; and
WHEREAS, Judge Ablao’s employment agreement with the City also refers to her as
“Assistant Municipal Judge”; and
WHEREAS, the City Council finds it is appropriate and in the best interests of the City to
appoint Judge Ablao as an Assistant Municipal Judge of the Fort Collins Municipal Court so that
the language of the Charter, the City Code, her appointment and her employment agreement are
all consistent; and
WHEREAS, such appointment revises only Judge Ablao’s title; the terms of her
appointment, pay, and other terms of her employment agreement with the City remain
unchanged.
NOW, THEREFORE, BE IT RESOLVED 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 Judge Teresa Ablao is hereby appointed Assistant Municipal Judge
of the Fort Collins Municipal Court.
Packet Pg. 155
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of September, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 156
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 Appropriations 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 contains
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 complete the Project as approved. A
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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 by 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. The 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:
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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)
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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
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Attachment: First Reading Agenda Item Summary, August 15, 2017 (w/o attachments) (5839 : SR 104 118 Gardens on Spring Creek)
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.
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Attachment: First Reading Agenda Item Summary, August 15, 2017 (w/o attachments) (5839 : SR 104 118 Gardens on Spring Creek)
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)
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Attachment: First Reading Agenda Item Summary, August 15, 2017 (w/o attachments) (5839 : SR 104 118 Gardens on Spring Creek)
russell+mills
studios
Gardens on Spring 0 15 30 60’ Creek
S
P
R
I
N
G
C
R
E
E
K
T
R
A
I
L
GREAT
LAWN
UNDAUNTED
GARDEN
COMMUNITY
GARDEN
Overall Site Plan
PARKING
C E N T R E A V E
SPRING CREEK
STORM WATER
DETENTION/
WETLANDS
ROCK
GARDEN
CAFE
GROVE
Backdrop Planting
Proposed Fence, typ.
Future Trail Connection to PERC
Existing Tree, typ.
Stage Tents
Stage
35’x40’
Terraced
Shade
Seating
Moon
Garden
Sound
Mitigation
Walls
Fragrance
Garden
Rose
Garden
Hummingbird
Garden
Chaparral
Planting
Cactus Planting
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
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Attachment: Development Review Process Timeline (5839 : SR 104 118 Gardens on Spring Creek)
.
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
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Attachment: Community meeting minutes, September 7, 2017 (draft) (5839 : SR 104 118 Gardens on Spring Creek)
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.
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Attachment: Community meeting minutes, September 7, 2017 (draft) (5839 : SR 104 118 Gardens on Spring Creek)
1
Gardens on Spring Creek Review
Vincent E. Kitch, Cultural Services Director
Michelle Provaznik, Garden on Spring Creek Director
9-19-2017
ATTACHMENT 5
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Gardens Site Plan
2
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Development Review Process Timeline
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
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Sound Mitigation & Monitoring
4
• Design Phase Iterations
• Research
• Best Practice Models
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Sound Mitigation & Monitoring
• Code Compliance Monitors Events
• Noise measurements Onsite
• Noise Measurements in Neighborhood
• Volume Adjustments to meet Code/Variance
• Goal Reasonably Coexist
• Code Compliance Citation
5
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Sound Mitigation & Monitoring
• 8 Events per Year
• City Controlled
• 6:00-8:00 P.M.
• Ticketed Events to Limit Attendance
• No DJ’s
• Stage Not Rentable for Live Music Events
6
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
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 & Type of Annual Events
• Future Amendment of the Plan
• Compliance with Noise Ordinance
• Extension of Stage Sound Walls
• Toilet Facilities Near Lilac Park
• Attendance & Parking
• Lack of Trust
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
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
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
Western Sound Wall
9
• Late Addition
• P&Z Approved
Without Wall
• Alternate Review
• City Council
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
10
Sound Model West Sound Wall Model
Sound Model – Western Transition
> 55 dB
> 45 dB
> 50 dB
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Attachment: Powerpoint presentation (5839 : SR 104 118 Gardens on Spring Creek)
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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
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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
-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.
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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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
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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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
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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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Attachment: Ordinance No. 118, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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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Attachment: Ordinance No. 104, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
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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
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Attachment: Ordinance No. 104, 2017 (5839 : SR 104 118 Gardens on Spring Creek)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Brad Yatabe, Legal
SUBJECT
Items Relating to Short Term Rental Ordinance Amendments.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 127, 2017, Amending Chapter 15 of the Code of the City of Fort Collins
Regarding Short Term Rental Licensing Regulations.
B. Second Reading of Ordinance No. 128, 2017, Amending the City of Fort Collins Land Use Code Short
Term Rental Regulations.
These Ordinances, adopted on First Reading by a vote of 6-1 (Nays: Overbeck) amend the City Code and
Land Use Code to allow short term rentals (STRs) that were in existence prior to March 31, 2017, but did not
acquire sales and lodging tax licenses to apply for a STR license. Two other proposed amendments were
removed on First Reading and will not be considered. A minor change to the recitals was made to reflect the
fact that the amendments only address the extension of the date by which Short Term Rental operators may
obtain City tax licenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF)
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Agenda Item 23
Item # 23 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Brad Yatabe, Legal
SUBJECT
Items Relating to Short Term Rental Ordinance Amendments.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 127, 2017, Amending Chapter 15 of the Code of the City of Fort Collins
Regarding Short Term Rental Licensing Regulations.
B. First Reading of Ordinance No. 128, 2017, Amending the City of Fort Collins Land Use Code Short Term
Rental Regulations.
The purpose of this item is to consider Code amendment options to allow:
Short term rentals (STRs) that were in existence prior to March 31, 2017, but did not acquire sales and
lodging tax licenses to apply for a STR license.
A property in an allowable Primary STR zone to operate a Primary STR on an abutting property.
A grandfathering provision for tenants who were operating a STR prior to March 31, 2017, with the
property owner’s permission to apply for a STR license.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins implemented a STR licensing program in March 2017. These regulations were put into
effect following a 2-year process involving ongoing public engagement, six Council work sessions, and two
Council hearings.
Following the adoption of the licensing program, the City contracted with Host Compliance, a vendor capable
of scrubbing and analyzing over 20 on-line websites. Host Compliance is able to capture listing details
including listing location and owner information on approximately 70-75% of all listings. Through Host
Compliance, the City issued a first notification letter to all identified listings in late April. The mailing went to
299 listings.
The licensing ordinance contains a grandfathering provision that allows lawful non-conforming STRs that were
operational prior to March 31 and that had City sales and lodging tax licenses to apply for a STR license. Soon
after the first notification mailing, staff and Council began to hear from numerous STR hosts who were
unaware of the regulations and/or the sales and lodging tax requirement. The bulk of these contacts fall into
the following categories:
Those who have been operating STRs long before the March 31 deadline and were completely unaware of
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Agenda Item 23
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the regulatory conversation and outcomes until they received the notification letter.
Those who were operating prior to the March 31 deadline and who believed they were collecting City sales
and lodging tax (due to language on the listing sites) but who did not have City licenses and were only
paying state taxes.
Those who had started either purchasing or remodeling homes with the express intent of operating a STR
without becoming aware of the ongoing the regulatory conversation or the March 31 deadline and
continued forward without obtaining sales and lodging tax licenses prior to the deadline. (Proposed
amendments do not address this group.)
City Council discussed the STR ordinance and licensing implementation at the July 11, 2017, work session
and requested staff return with code amendments for formal consideration.
Key Points
1. Extending grandfathering for existing units.
This amendment allows STRs in prohibited zones that were operational prior to March 31, 2017, to apply
for a license by October 31 (22 business days after effective date [September 29th]).
Licensees would be required to pay all back taxes.
This amendment only allows existing units to be grandfathered and it does not open the door to new STRs
in prohibited zones.
2. Abutting property STRs.
This allowance was considered early on in the STR regulatory conversations.
This provision would only apply in zones that allow primary STRs and “abutting” is clearly defined as
sharing a physical property line.
3. Grandfathering provision for tenants.
This provision is only applicable to those STRs that were operational prior to March 31, 2017.
Licensing Update
As of August 17, 2017:
273 - Applications
126 - Licenses Issued
141 - Licenses Pending
6 - Licenses Denied
Of the 273 applications:
144 - Primary STR / 82 Grandfathered (Potentially)
129 - Non-Primary / 108 Grandfathered (Potentially)
CITY FINANCIAL IMPACTS
The City will pursue back taxes from those STRs that have been operational without City sales and lodging tax
licenses. How much this would be is unknown.
BOARD / COMMISSION RECOMMENDATION
The Land Use Code amendments were considered by the Planning and Zoning Board at its August 17, 2017,
regular meeting. There was much discussion and deliberation on all proposed amendments. Draft notes are
attached.
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1. Extending grandfathering for existing units. The Board did not support extending the grandfathering
extension (5-2.) The Board noted this was more in line with a Council policy decision and were
hesitant to support with no letters or speakers in favor of the amendment.
2. Abutting property STRs. The Board supported this amendment (4-3.) There was concern regarding the
potential for situations where an owner could buy all abutting properties for STR use.
3. Grandfathering provision for tenants. The Board did not support this amendment (5-2.) While
recognizing this would impact very few STRs there was concern that this was “managing by exception”
and that the previous public outreach and the existing ordinance were clear that STRs only be allowed
by property owners.
PUBLIC OUTREACH
Emails detailing both the July 11 work session and the September 5 regular Council meeting were sent to the
STR listserv which has 110 subscribers. Letters with Council dates and information were also drafted for Host
Compliance as they continue to send notification letters to STR listings.
ATTACHMENTS
1. Planning and Zoning Board minutes, August 17, 2017 (draft) (PDF)
2. Powerpoint presentation (PDF)
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ORDINANCE NO. 127, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING SHORT TERM RENTAL LICENSING REGULATIONS
WHEREAS, licensing regulations regarding the rental of dwelling units for periods of
less than thirty days (“Short Term Rental” or “Short Term Rentals”) were adopted into Chapter
15 of the Code of the City of Fort Collins on second reading by Council on March 21, 2017,
concurrently with Short Term Rental regulations adopted into the Land Use Code; and
WHEREAS, subsequent to the adoption of the Short Term Rental regulations, the need
for additional changes has arisen including for an extension of the date by which Short Term
Rental operators may obtain City tax licenses in order to obtain a Short Term Rental license for a
dwelling unit deemed to be a lawful nonconforming use; and
WHEREAS, such an extension was changes were discussed at the July 11, 2017, Council
work session and City staff was directed to prepare amendments for Council consideration; and
WHEREAS, Council is concurrently considering similar amendments to the Short Term
Rental regulations adopted into the Land Use Code.
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. The changes adopted herein to the Short Term Rental licensing regulations
contained in the Code of the City of Fort Collins are in the best interests of the citizens of Fort
Collins and are adopted for the purposes of promoting the health, safety, morals, and general
welfare of the community.
Section 3. That Section 15-641 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-641. - Definitions.
The following definitions shall apply to this Article:
. . .
Short term primary rental shall mean a dwelling unit that is a primary residence of which a
portion is leased to one (1) party at a time for periods of less than thirty (30) consecutive days. A
carriage house, as defined in the Land Use Code, that is not a primary residence is eligible to be
a short term primary rental and may be licensed as a short term primary rental if it is located on a
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lot containing a primary residence. A dwelling unit of a two-family dwelling, as defined in the
Land Use Code, that is not a primary residence is eligible to be a short term primary rental and
may be licensed as a short term primary rental if the connected dwelling unit is a primary
residence and both dwelling units are located on the same lot. The term short term primary rental
shall not include the rental of a dwelling unit to the former owner immediately following the
transfer of ownership of such dwelling unit and prior to the former owner vacating the dwelling
unit.
Section 4. That Section 15-644 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-644. - Licensing requirements.
(a) The following are the minimum requirements that must be satisfied by the applicant for
the issuance of a short term primary rental license.
. . .
(8) The dwelling unit must be located in a zone district that allows short term primary
rentals as specified in the Land Use Code. Alternatively, the dwelling unit must satisfy
the requirements contained in § 15-646.
. . .
(b) The following are the minimum requirements that must be satisfied by the applicant for
the issuance of a short term non-primary rental license.
. . .
(8) The dwelling unit must be located in a zone district that allows short term non-
primary rentals as specified in the Land Use Code. Alternatively, the dwelling unit must
satisfy the requirements contained in § 15-646.
Section 5. That Section 15-646 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-646. - Licensing of short term primary and non-primary rentals existing prior to
Land Use Code restrictions.
(a) A dwelling unit used as a short term primary or non-primary rental that is located in a
zone district in which the Land Use Code prohibits such use is eligible for a license pursuant to
this Article provided that such dwelling unit was actually utilized as a short term primary or non-
primary rental prior to March 31, 2017, and a valid sales and use and lodging tax license was
obtained prior to October 31, 2017, for such dwelling unit in accordance with Chapter 25, Art.
IV, of the Code of the City of Fort Collins.
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(b) In addition to satisfying (a) above, the applicant must satisfy the requirements set forth in
§ 15-644 in order to be eligible for a license. License applications submitted pursuant to this
Section on or before October 31, 2017, do not need to comply with the parking requirements in
Land Use Code § 3.2.2(K)(1).
(c) In order to be eligible for a short term rental license pursuant to this Section, subject to
(e) below, the applicant must submit an application for a license pursuant to this Article on or
before October 31, 2017. No application submitted after October 31, 2017, shall be eligible for a
license pursuant to this Section unless submitted pursuant to (e) below.
. . .
(f) Any license issued pursuant to this Section shall correspond to the type of short term
rental conducted, either primary or non-primary, prior to March 31, 2017.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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ORDINANCE NO. 128, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY OF FORT COLLINS LAND USE CODE
SHORT TERM RENTAL REGULATIONS
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, Land Use Code regulations regarding the renting of dwelling units for
periods of less than thirty days (“Short Term Rental” or “Short Term Rentals”) were adopted on
second reading by Council on March 21, 2017, concurrently with Short Term Rental licensing
regulations adopted into Chapter 15 of the Code of the City of Fort Collins; and
WHEREAS, subsequent to the adoption of the Short Term Rental regulations, the need
for additional changes has arisen including for an extension of the date by which Short Term
Rental operators may obtain City tax licenses in order to be deemed a lawful nonconforming use;
and
WHEREAS, such an extension was changes were discussed at the July 11, 2017, Council
work session and City staff was directed to prepare amendments for Council consideration; and
WHEREAS, the Fort Collins Planning and Zoning Board at its August 17, 2017, regular
meeting considered the proposed amendments to the Short Term Rental regulations and
recommended that Council:
1. Not extend the date by which Short Term Rental operators may obtain City tax
licenses on a 5-2 vote;
2. Not allow renters of Short Term Rentals to operate Short Term Rentals deemed to be
lawful nonconforming uses on a 5-2 vote; and
3. Allow abutting dwelling units to be considered as primary Short Term Rentals on a 4-
3 vote.
WHEREAS, pursuant to Colorado Revised Statute §31-23-301, the City has been
specifically granted the power to regulate the use of buildings for trade, industry, residence, or
other purposes for the purposes of promoting health, safety, morals, or the general welfare of the
community; and
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WHEREAS, Council is concurrently considering similar amendments to the Short Term
Rental licensing regulations adopted into the Code of the City of Fort Collins.
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. The Land Use Code changes adopted herein are in the best interests of the
citizens of Fort Collins and are adopted for the purposes of promoting the health, safety, morals,
and general welfare of the community.
Section 3. That Section 3.2.2(K) of the Land Use Code is hereby amended to read as
follows:
3.2.2 - Access, Circulation and Parking
. . .
(K) Parking Lots - Required Number of Off-Street Spaces for Type of Use.
. . .
(k) Short term non-primary rentals and short term primary rentals: The minimum
number of off-street parking spaces required are as follows:
Number of Bedrooms Rented Number of Off-Street Parking Spaces
1—2 1
3—4 2
5—6 3
The number of additional off-street parking spaces required for more than six (6)
bedrooms rented shall be calculated in the same manner used in the above chart (e.g. 7-8
bedrooms rented requires four (4) off-street parking spaces).
Short term rentals licensed pursuant to the Code of the City of Fort Collins § 15-646 and
for which the license application was submitted prior to October 31, 2017, are exempt
from compliance with these parking requirements so long as such license remains
continuously valid. Subsequent licenses issued pursuant to § 15-646 shall comply with
these parking requirements.
. . .
Section 4. That Section 3.8.34 of the Land Use Code is hereby amended to read as
follows:
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3.8.34 - Short Term Rentals
. . .
(F) Nonconforming Use. A dwelling unit utilized as a short term primary or non-primary
rental that is located in a zone district where such use is prohibited, and such short term
rental was a lawfully established use as defined in (3) below, is deemed to be a
nonconforming use. Such nonconforming use shall correspond to the type (either primary
or non-primary) of short term rental conducted prior to March 31, 2017.
(1) In addition to complying with the nonconforming use regulations in Land Use
Code Division 1.5, the owner of the dwelling unit must obtain a license pursuant
to the Code of the City of Fort Collins § 15-646 and continuously maintain such
license to maintain nonconforming use status. Failure to apply for such license by
October 31, 2017, shall be considered abandonment of the nonconforming use.
Should such license be revoked, not be renewed, or lapse for any period of time,
the nonconforming short term rental use shall be considered abandoned or
otherwise terminated.
. . .
(3) To be deemed a lawful use, a dwelling unit must have been actually utilized as a
short term primary or non-primary rental prior to March 31, 2017, and valid sales
and use and lodging tax licenses for such dwelling unit must have been obtained
prior to October 31, 2017, in accordance with Chapter 25, Art. IV, of the Code of
the City of Fort Collins.
Section 5. That the definition “Short term primary rental” contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Short term primary rental shall mean a dwelling unit that is a primary residence of
which a portion is leased to one (1) party at a time for periods of less than thirty (30)
consecutive days. The term party as used in this definition shall mean one (1) or more
persons who as a single group rent a short term primary rental pursuant to a single
reservation and payment. A carriage house that is not a primary residence is eligible to
be a short term primary rental if it is located on a lot containing a primary residence. A
dwelling unit of a two-family dwelling that is not a primary residence is eligible to be a
short term primary rental if the connected dwelling unit is a primary residence and both
dwelling units are located on the same lot. The term short term primary rental shall not
include the rental of a dwelling unit to the former owner immediately following the
transfer of ownership of such dwelling unit and prior to the former owner vacating the
dwelling unit. Short term primary rental is a distinct use from short term non-primary
rental under the Land Use Code.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Outdoor
Classroom
Cottage
Planting
Plant Select
Garden
Historic
Grove
Vehicle
Access
Food Trucks
Gatehouse
Existing Fence
Portable
Restrooms
Bike Parking-
150 Bikes
Single Track
Adventure Trail
Rock
Outcrops/
Hogbacks
Dry
Stream
Prairie
Maze
Overlook
Weather
station
Gathering
Area
Potential
Boardwalk
Deck
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PRAIRIE
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ATTACHMENT 2
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Attachment: Landscape Site Plan (5839 : SR 104 118 Gardens on Spring Creek)
Board
• Colorado Office for Resource
Efficiency
• ICLEI-USA
• Mayors Innovation Project
• Metro Mayors Caucus
• The Mountain Pact
• Park City, Utah
• Rocky Mountain Climate
Organization
• Xcel Energy
ATTACHMENT 1
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Attachment: Colorado Compact-Event Signatories (5922 : Compact of Colorado Comunities)
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Highway I-25 Third Annexation
Scale 1:25,901
Highway_I25_Annexation
Growth Management Area Boundary - Outline
Railroad Lines
Structure Plan
Land Use
Commercial Corridor District
Employment District
Urban Estate
Low Density Mixed-Use Neighborhoods
Rural Lands
Community Separator
Open Lands, Parks and Stream Corridors
Adjacent Planning Areas
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ATTACHMENT 3
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Attachment: I-25 Third Area No. 2 Structure Plan Map (5921 : Highway I-25 Third Annexation)