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HomeMy WebLinkAboutMINUTES-01/14/2020-AdjournedCity of Fort Collins Page 352 January 14, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff present: Atteberry, Daggett, Coldiron 1. Items Relating to the Montava Planned Unit Development Master Plan and Overlay. (Adopted on First Reading) A. Public Hearing and First Reading of Ordinance No. 014, 2020, Approving the Montava PUD Master Plan and Montava PUD Overlay, ODP 180002. B. Resolution 2020-004 Amending the City’s Mountain Vista Subarea Plan. C. Resolution 2020-005 Amending the City’s Master Street Plan. D. Resolution 2020-006 Amending the City’s Parks and Recreation Policy Plan. Context: This is the first of three items related to the Montava Planned Unit Development (PUD) included in the Council Agenda:  This Agenda Item No. 1 presents the Montava PUD Overlay and Master Plan as well as amendments to relevant policy plans for Council consideration;  Agenda Item No. 2 presents a Development Agreement Extending Vested Property Rights for the Montava PUD Overlay and Regarding Certain Terms of Development for Council’s consideration; and  Agenda Item No. 3 presents a Development Agreement to Secure Public Benefits for Development of the Montava Metropolitan District for Council consideration. Purpose: The purpose of this item is to consider the Montava PUD Overlay and Master Plan for approval. City Council is the decision maker on this application and three associated amendments to plans adopted by City Council. The PUD Overlay creates a zoning overlay that provides a framework for how Montava will develop over time based on the Master Plan. Each phase of Montava will require development applications for a project development plan (PDP) and a final plan that City staff will review for compliance with the Land Use Code (LUC), PUD Master Plan documents, and all applicable plans adopted by City Council. Each development application will be subject to review by the applicable decisionmaker as articulated in the PUD Master Plan documents with City Council acting as the appeal body. Process: The City Council hearing for this item will follow the process outlined below. Public comment on all four items will be taken at one time:  Overview of project by City staff  Applicant presentation (suggested time: 45 minutes)  Analysis of project by City staff (20 minutes)  Public comment (on all four items)  City Council deliberation Overview: Montava is a proposed development to be located on approximately 999 acres in northeast Fort Collins. Currently, the land operates as an agricultural use. January 14, 2020 City of Fort Collins Page 353 Montava proposes a New Urbanist community. “New Urbanism” is a planning concept that promotes walkable communities with a mix of uses and different housing types. To achieve the goals of New Urbanism and the vision of the Mountain Vista Subarea Plan, Montava proposes the following:  A series of phased developments organized by transect zones rather than the underlying zoning  An interconnected network of streets and trails that accommodate all modes of travel  Unique design standards for Montava  Sites for schools, parks, and civic uses  Integration of nature throughout the project, including a public Natural Area, ditch restoration, habitat enhancements, and stormwater improvements The current zoning on the Montava site would not allow for the type of community outlined above. To achieve the community Montava envisions, the applicant is seeking approval for a PUD Overlay. PUD Overlays encourage coordinated master planning of large, multi-phased development projects:  Modified design standards, densities, and land uses prescribed in the Land Use Code  Phasing plans for how the property will develop over time  Extended vesting for development standards proposed in the PUD Overlay and Master Plan In exchange for this flexibility, applicants must demonstrate the development provides public benefits beyond a typical development and mitigates potential impacts on surrounding neighborhoods. Staff finds that the regulations proposed by Montava are unique and innovative to Fort Collins and responsive to City Plan policies related to vibrant, mixed neighborhoods. All the proposed standards work in concert to create a comprehensive framework for development along with public improvements and amenities commensurate with the scope of development. Absent a PUD Master Plan for this area, northeast Fort Collins would likely develop in a piece-meal fashion, with little coordination among property owners. The City also has a series of policy plans that support the existing zoning pattern. As part of its PUD Overlay application, the applicant seeks amendments to three plans: The Mountain Vista Subarea Plan, Master Street Plan, and Parks and Recreation Policy Plan. These Plans align with the current zoning of the Montava site. Montava proposes amendments to these Plans so that Montava is in alignment with all applicable plans. Staff recommends approval of the Montava PUD Overlay and Master Plan with the following conditions:  Council approval of the proposed amendments to the Mountain Vista Subarea Plan, Master Street Plan, and Parks and Recreation Policy Plan;  Developer compliance with conditions included in Ordinance No. 014, 2020 applicable to existing oil and gas wells on the property; and  Developer compliance with conditions included in Ordinance No. 014, 2020 regarding parks and recreation. Councilmember Gorgol disclosed she met with the applicant regarding affordable housing; however, they did not discuss the metro district. Councilmember Cunniff disclosed he has had a handful of conversations with the developer; however, that will not impact his ability to participate in this discussion. Mayor Troxell outlined the hearing process. Tom Leeson, Community Development and Neighborhood Services Director, stated this project has been within the City's development process for several years and noted this is a master plan, which is an overall vision for the area and does not afford the developer any specific development rights. The Master Plan would be built out over many years through a series of smaller projects January 14, 2020 City of Fort Collins Page 354 which will each need to come back through the development review process to be evaluated based on the Land Use Code. Clay Frickey, Redevelopment Program Manager, stated the Montava property is about 999 acres in northeast Fort Collins and the proposal calls for a complete connected community development which will include a series of neighborhoods, community parks, school sites, working farm, town center, and office and industrial uses. Lucia Liley, attorney for the applicant, stated a Planned Unit Development (PUD) master plan is a new tool in the City and this is the first presented to the Planning and Zoning Board and City Council. She briefly discussed the goals of a master plan. Max Moss, developer, stated Montava is designed as a complete balanced community that supports the City's values and plans. He discussed housing needs and the importance of optimizing community design. He detailed various aspects of the development and commented on the affordable housing and natural areas components of the project. Mr. Moss also mentioned the metro district aspect of the development. Angie Milewski, BHA Design, provided additional details of the proposed master plan and its alignment with City goals and objectives. Ms. Liley detailed the ways in which the Master Plan complies with the City's PUD ordinance and noted the Planning and Zoning Board unanimously recommended approval of the Master Plan. Frickey discussed the PUD process in the Land Use Code, proposed plan amendments to the Mountain Vista Subarea Plan, Master Street Plan and Parks and Recreation Policy Plan, Land Use Code compliance, and staff findings and recommendation. He noted required improvements will be assessed at each phase of development. CITIZEN COMMENT Bruce Smith expressed concern regarding unintended consequences of the development related to connectivity. He stated traffic is already an issue on Country Club Road. Katherine Duchene Smith stated the current Montava plan creates costly leapfrog development requiring major offsite street and intersection improvements to mitigate traffic impacts. Country Club Road was not designed for the levels of traffic there now. Carrie Cox stated existing traffic on Country Club Road and north Lemay Avenue is a threat to public safety and quality of life now and expressed concern about the traffic impacts of Montava. Jim Moore expressed concern about the traffic on Country Club Road, stating it will be exacerbated by Montava. Fred Zipp expressed concern about existing traffic and idling due to the railroad crossing at Vine and Lemay, stating it will be exacerbated by Montava. He requested Council revisit the traffic impact study and make required infrastructure improvements before allowing the development to proceed. Dr. Christine Maslin Cole expressed concern about inadequate attention to infrastructure and the integration of Montava with existing neighborhoods. She expressed concern about traffic on January 14, 2020 City of Fort Collins Page 355 Country Club Road. She suggested Turnberry Road be extended south and requested Country Club Road not be extended into Montava. Dale Leidheiser stated the Montava traffic impact study failed to address the implications of such a large development to area neighborhoods. He discussed safety issues that already exist on Country Club Road. David Beede expressed concern with the traffic infrastructure planning and safety mitigation. He stated the power of the Master Plan should be used to plan and finance necessary infrastructure improvements. Karen Beede requested Council represent its constituents. Marti Leidheiser discussed threats to mobility, health, and safety of Fort Collins residents with the building of Montava. She discussed issues with existing train crossing delays, stating they will be exacerbated by Montava. Ted Rosen expressed concern about the negative impacts Montava will have on already frustrating and dangerous conditions at railroad intersections in the area. Victor Hurtado stated both the City and County are to ensure development projects provide adequate public facilities and services concurrent with the impacts of development. Rick Bush expressed concern about traffic and possible water subsidies. He suggested the development should be put on hold until necessary infrastructure improvements are made. Wendy Nero expressed concern about existing traffic on Country Club Road, stating it will be exacerbated by Montava. She discussed infrastructure improvement recommendations from a petition signed by residents. Margaret Haas expressed concern there is no timeline for the identified roadway improvements and stated Country Club Road was not included in the traffic impact study. Adam Eggleston stated a great deal of the traffic mitigation has already been addressed in various plans and stated this development is vital to the growth of Fort Collins. Nan Sollo expressed concern about the limits of the transportation impact study and questioned what concrete plans are scheduled to address existing traffic issues that will be exacerbated by Montava in the entire northeast Fort Collins area. Nick Armstrong discussed the need for affordable housing and announced a northeast Fort Collins vision meeting to be held January 29. He opposed piecemeal placemaking and stated solutions like Montava should be applied citywide. Monica Longoria stated traffic and infrastructure issues need to be addressed prior to Montava being developed. Doyle Thornton discussed traffic and train crossing issues in the area that would be exacerbated by Montava. January 14, 2020 City of Fort Collins Page 356 Kathleen Cosgrove Green questioned why no planning was done for the roads surrounding Montava. She discussed traffic and safety issues on Country Club Road. Greg George questioned why the traffic impact study excluded Country Club Road and roadways south of Vine. Steven Schaeffer expressed concerns related to water rates and safety. A development of this size should never have been developed without a grocery store and stated infrastructure should be in place prior to development. Dennis Gatlin stated the City has the responsibility and duty to abide by the rules and boundaries of sewer service set by the North Front Range Water Quality Planning Association. Boxelder is in full support of the development and is prepared to provide service. Terry Danielson discussed traffic issues in Fort Collins as a whole and expressed concern about water rates and property values. Nick Koontz, Native Hill Farm, discussed the farm aspect of Montava. Roger Hoffman expressed concern about the City trading certain goals such as long-term fiscal health, adequate public facilities, or overall quality of life for affordable housing. He is in alignment with the affordable housing goal, but this is not the way to go about it. Kevin Jablonski discussed the goals of providing local, urban-based agriculture to the Montava site. Richard Gutkowski expressed concern about traffic in the area and stated a path for transportation solutions needs to be identified. Wylie Smith discussed a car that drove off Country Club Road and went through his back fence. Richard Cox stated frustration has been building about existing issues regarding connectivity to northeast Fort Collins for decades. Erin Ellis Mounsey recommended Council not approve the amended street plan as it is not comprehensive and has not addressed issues accurately. He expressed concern about life and safety issues. Janet Malara commended the Montava concept, but construction should never have been allowed east of Turnberry without proper roadways in place. Preparations for roadways, water, sewer and cell service must be made and completed before the project can begin. Marilyn Smith expressed concern regarding traffic on Country Club Road, stating it would be exacerbated by Montava. Mike Goellner, Anheuser Busch Real Estate, provided history on Anheuser Busch and its role in master planned communities throughout the country. Traffic concerns regarding those communities were addressed as they developed and were never an issue. Anheuser Busch has considered hundreds of proposals for the land and this is the first it has approved to move forward. Douglas Braden discussed the need for affordable and attainable housing in Fort Collins. January 14, 2020 City of Fort Collins Page 357 Susan McFaddin commended the development. Patricia Babbitt commented on the need for transportation issues to be more thoroughly planned. Linda Reager questioned where the residents of Montava will be working if it is a self-contained community. She also questioned the reality of a working farm in the Colorado climate. Matt Drummont stated expressed concern regarding traffic in north Fort Collins and questioned why the Montava Traffic Impact Study did not address already overburdened intersections in the area. Charles Kopp urged Council to put the Montava project on hold to allow additional public input and ensure Fort Collins does not bow to development pressures. Amanda Lima commended the Montava project but agreed there are large infrastructure issues in the area. Montava should alleviate pressures on Country Club Road and provide safer and more efficient transportation. Lisa Duncan encouraged fixing existing infrastructure before this development begins. Lorin Bridger stated the traffic impact study for Montava is deficient. Hamidah Glasgow expressed concern regarding traffic in the area and stated the development, though lovely, cannot be supported without proper connectivity. Don Homan expressed concern about traffic in the area, particularly related to access to grocery stores. Nate Miller commended the development but expressed concern that the development not utilizing the Boxelder Sanitation District would be costly or crippling to current residents and the District. Will Rochelle opposed the use of “Native Hill Farm”, stating the project has not consulted with indigenous people. Rich Stave commented on various issues related to the development. Liz Zerga requested Council delay consideration of this plan pending traffic impact study revisions addressing existing delays caused by lack of grade separations at Vine and Timberline and Vine and Lemay. Meliyanty Salim commented on various issues related to the development. Heryanto Chandrawarmam expressed concern regarding sewer infrastructure for the development and requested Council ensure Montava utilizes the Boxelder Sanitation District. Mark Brown requested information regarding City and County coordination in relation to Country Club Road. Clinton Wilson, Poudre Valley Community Farms, supported the urban agriculture aspect of Montava and stated there will be appropriate solutions for traffic issues in the area. January 14, 2020 City of Fort Collins Page 358 Tom Jubin commended the neighborhood concept, but stated it is not ready for development and commented on traffic and connectivity issues in the area. Rory Heath stated connectivity issues need to be addressed on a systemic level. Deborah Kohler expressed concern about the possible extension of Turnberry Road on the east property line of Adriel Hills but strongly supported the Montava development. Ashley Rafiti commented on the need for infrastructure prior to the development of Montava. Brent Ohlson commented on current traffic on Country Club Road that is the result of the Maple Hill development which also assured the community it would not impact area roadways. Dave Cismoski stated he has been working with City staff regarding connectivity. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Mayor Troxell thanked the speakers and noted the importance of community input. Ms. Liley stated the applicant is entitled to have the PUD Master Plan approved in accordance with the PUD ordinance and other applicable code requirements and there is nothing dictating any requirements with regard to water and sewer service at a master plan level. There are specific approval criteria in the PUD ordinance, none of which apply to specific traffic issues or solutions. Those items will be considered at the PDP level. Mr. Moss stated he agrees with traffic related concerns brought by the speakers. The County and City need to engage with one another and noted the issues discussed are existing deficiencies. Montava can be part of the solution to the problems. Ruth Rollins, Traffic Engineer, stated the traffic study is beyond adequate given its analysis and the technical requirements of a PUD master plan traffic study. Mr. Moss requested anyone with concerns or questions contact him personally. Martina Wilkinson, Traffic Operations Department, discussed the obligation for the PUD transportation review, stating it is to identify a roadway network that will function and meet standards upon buildout of the development. She discussed the proposed changes to the Master Street Plan and noted each phase of the project will be required to complete its own traffic impact study and will need to meet the City's adequate public facilities requirements prior to the first building permit being submitted. She also noted Country Club Road was never intended to be upgraded to an arterial and was therefore not part of the study. Wilkinson noted the City would expect Montava to mitigate any impacts on Country Club Road regardless of its location in the County. Mayor Troxell requested information regarding the Vine and Lemay overpass. City Manager Atteberry replied there has been progress on design, right-of-way acquisition, and early stages of construction have occurred; however, the project has yet to acquire full funding though it is likely to be a priority in the next budget. January 14, 2020 City of Fort Collins Page 359 Mayor Pro Tem Stephens asked if neighbors have been, or will be, engaged in discussions related to Country Club Road. Wilkinson replied all neighbors are encouraged to participate in discussions regardless of whether they are in the City or County. Mayor Pro Tem Stephens commended the demeanor of the speakers and requested life and safety issues be addressed, particularly with relation to schools. Councilmember Pignataro asked about train track relocation. Wilkinson replied the City has no control over the track location and discussed planned mitigation measures. Councilmember Cunniff noted there are several existing deficiencies in the area already and asked about the unfunded amount for the Master Street Plan, specifically for northeast Fort Collins. Chad Crager, City Engineer, replied he would like to return with more detailed information prior to Second Reading. Mr. Frickey stated he wants to assure community members that all mentioned amenities are permitted uses and he discussed connectivity issues and Climate Action Plan compliance. Councilmember Gutowsky stated it appear most transportation issues will be addressed at the PDP phases but stated the main concern of many of the speakers is that waiting for those phases does not seem to match the urgency of issues in the area. She asked about the feasibility of Council directing an expansion of the traffic impact study in order for some of these concerns to be addressed now. Wilkinson replied specific areas of concern related to existing operational or safety issues should be reviewed and addressed by either the County or City, and those items should not necessarily be related to a development proposal as they are existing conditions. She noted the PUD standards have no requirement for intersection evaluation. Councilmember Gutowsky discussed safety concerns brought up by citizens particularly relating to the mobility of emergency vehicles. She does not see current residents being able to have the same wonderful lifestyle promised by Montava. Councilmember Cunniff stated the County Commissioners should be made aware of semitruck traffic on Country Club Road. City Manager Atteberry replied he would share that with the County and asked Wilkinson if she has had any conversations about the semitruck ban with the Sheriff's Office or Police Services. Wilkinson replied the County Commissioners have passed the official ban on semitruck traffic on Country Club Road and stated she would coordinate with the County on an enforcement plan. Councilmember Cunniff asked about the requested zoning change for the buffer around Budweiser from industrial to mixed-use. Frickey replied that buffer was originally requested by Anheuser Busch to ensure the brewery was mitigating its impact on surrounding uses. The proposed natural area that would go into that buffer area is wider than what the buffer would have been in certain areas and is narrower in certain areas. Frickey also noted the working farm would provide additional buffering on the north end of the site. Councilmember Cunniff expressed concern about the areas where the buffer narrows, noting odor and noise impacts increase dramatically with a narrower buffer. He expressed concern that homes built closer to the brewery will experience industrial noise, truck traffic, train deliveries, and associated issues. He stated he would like additional information on those concerns and requested information on the toxicity of industrial chemicals used in the brewing process. January 14, 2020 City of Fort Collins Page 360 Councilmember Cunniff asked if the natural areas are being structured as a planning and zoning requirement or as a future cooperative agreement with the developer. Frickey replied it is not a Land Use Code requirement and requested Natural Areas staff address the question. John Stokes, Natural Areas Director, replied there is currently a conceptual agreement for a 120-acre parcel that has a great deal of habitat potential, as well as the ability to link via a trail connection to a conservation easement to the north of the Montava property. Councilmember Cunniff asked about the amount of restoration that would be necessary for the proposed natural area. Stokes replied quite a bit of bare ground farmland has been restored over time and this site is a bit more complicated due to stormwater issues, which will be addressed by the developer. Councilmember Cunniff asked about the timeline for entering into the agreement. Stokes replied it is depended on the schedule of the developer; however, the City could take it on at any time. Councilmember Cunniff requested an estimate of how much staff time has been spent to date on the Montava PUD prior to Second Reading. Councilmember Cunniff stated he is strongly opposed to using City Utility water or wastewater in this area as he does not see any benefit to the existing ratepayers of those utilities, and it would be detrimental to their interest in that the City would not be charging the developer the correct amount to offset the replacement cost of its senior water rights. Councilmember Gutowsky asked the developer at what point he became aware the Boxelder and ELCO utility services were much more expensive than the City services and why he may opt to not use the providers that service the area. Mr. Moss replied it was obvious that water and sewer were an issue from the beginning as the water on the site was dedicated by Anheuser Busch. He stated Fort Collins utilities have higher standards offered at better rates. He wants to solve these issues with ELCO and Boxelder and would never propose anything that would hurt existing ratepayers. Councilmember Gutowsky discussed comments made by Boxelder ratepayers that they are currently paying much higher rates in anticipation of Montava utilizing Boxelder services and it could be detrimental to those ratepayers if that does not occur. Councilmember Gorgol asked about the integration of Transfort and public transportation. Frickey replied the long-term plan identifies a transit stop around the Timberline and Mountain Vista intersection. Mr. Moss replied Montava aims to be a community that enables transit. Councilmember Summers noted Anheuser Busch dedicated water to the City of Fort Collins for this site. Councilmember Gorgol asked how industrial uses would be addressed near schools. Frickey replied proposed uses would go through the normal development review processes. The PUD design standards identifies the level of review for each use in each transect zone. He noted there are also Land Use Code requirements related to buffering between incompatible uses. Councilmember Gorgol asked if the developer is seeking an increase in allowed LMN density without having to provide the affordable housing gap. Frickey replied Montava is proposing a January 14, 2020 City of Fort Collins Page 361 community-wide density that would start at the high range of the LMN zone district, which is up to 12 units per acre when affordable housing is provided. He stated the proposal is for most of the development to be denser than that on a net basis without the affordable housing component. Councilmember Gorgol asked who will be building the affordable dwelling units. Frickey replied the master plan does not get into those specific, which is why the mater plan provides a range for the number of affordable units that may likely occur. Councilmember Gorgol asked if affordable units are eligible to be short-term rentals. Frickey replied Montava would allow short-term rentals on a primary basis, meaning the property owner lives on the same lot as the short-term rental. It would not allow non-primary short-term rentals. Councilmember Pignataro requested clarification on the existing oil wells on the property. Stephanie Blochoviak, Environmental Planner, replied it is the understanding of City staff that the wells were drilled but never produced. She noted one of the wells was drilled in 1925; therefore, there is very limited data on that particular well. Mr. Moss replied he met with Colorado Oil and Gas Conservation Commission (COGCC) staff on site and it was determined the 1925 well was likely drilled by a homeowner and not for an industrial use. Councilmember Pignataro asked if the wells pose any danger, who states what those dangers are, and who is paying them to do so. Blochoviak replied there are completed studies outlined in the Land Use Code for any reduction in buffers and the reports for this site did not exceed Environmental Protection Agency or Colorado Department of Public Health and Environment standards in terms of risk for human health. She noted subsequent testing will occur. Mike Hickey, COGCC, stated there was no regulation in the state until the mid-1950s; therefore, it cannot be determined exactly what is in the ground below the 1925 well. State staff has seen other wells of that vintage and is aware of what is needed to plug them. Mayor Pro Tem Stephens asked if Council will be reviewing PDPs as they come in. Frickey replied those would all proceed based on the level of review outlined in the PUD master plan design guidelines. Typically, the reviewer would be either a hearing officer or the Planning and Zoning Board. Council would only see another Montava item if a major amendment to the PUD overlay were proposed or if one of the PDP projects gets appealed. Mayor Pro Tem Stephens asked how concerned members of the public will be made aware of traffic issues being dealt with as PDPs come forward. Frickey replied neighbors will be notified through the regular notification process based on Land Use Code and development review criteria. Mayor Pro Tem Stephens discussed the importance of ensuring the City is doing its due diligence to inform neighbors of how PDPs are proceeding, particularly related to traffic concerns. Councilmember Summers noted the traffic concerns are current and the Montava development cannot addresses current traffic concerns. He discussed the importance of citizens contacting Council and the County about more funding for roads and construction. Councilmember Cunniff stated this is a good plan that has been put together with the best of intentions by the development team. Unfortunately, it comes in the context of an area of the city that has been underserved by its local governments. He expressed concern with changing the City Plan and zoning for the PUD and with the amount of staff time that has been spent trying to enable January 14, 2020 City of Fort Collins Page 362 the project. He discussed the increase in cost of senior water rights and noted this development is not within the Fort Collins water utility service plan. Councilmember Summers stated his point is that the City of Fort Collins received water from Anheuser Busch. Councilmember Cunniff replied the purpose of that needs additional research. Councilmember Cunniff stated existing constituents need to be served prior to prioritizing a development that exists on paper. Mayor Troxell stated processes, including the PUD master plan process, have been put in place to enable a project that meets the City's high expectations for development. The concerns heard tonight are not about the item at hand. Approving the PUD will help get traffic issues addressed. Mayor Pro Tem Stephens asked if the ordinance could include a requirement regarding PDP notification. City Attorney Daggett replied she would like to return with that inclusion at Second Reading. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 014, 2020, on First Reading. Councilmember Cunniff asked if an adjustment to the timing of connecting Country Club Road to the development after the completion of Turnberry could be included in Second Reading. City Attorney Daggett replied there is more than just Montava involved in triggering that roadway. She stated the ordinance may be able to describe in more detail how the traffic analysis of the Montava impacts would lead to requirements for Turnberry. Wilkinson suggested a condition of approval could be attached to the PUD for the timing of the connection of Country Club Road. Councilmember Pignataro thanked the speakers and stated she would hope to find some way to address traffic issues for existing residents and to ensure residents are made aware of PDPs as they come in. She also noted there was unanimous support for the project by reviewing Boards and Commissions. Councilmember Gorgol stated she will support the motion as this is a good vision for a large area of land. She looks forward to having more detailed conversations moving forward. Councilmember Gutowsky stated she would not support the motion though she commended the plan and stated the metro district allows the City a level of control over requirements that are unique to community values. She would like to see some assurance that Council will be able to deliver on the solutions needed by residents of this part of the city for Second Reading. Councilmember Cunniff stated his specific concern with the PUD is his lack of understanding of the risks of reducing the buffer near the Budweiser plant for residential use. Councilmember Summers commended Mr. Moss and his team for putting together a PUD that represents Fort Collins' values. He noted the project will be built out over decades and discussed the importance of involving existing residents in the PDP processes. Mayor Pro Tem Stephens thanked the speakers and discussed the ways in which this plan meets City objectives. She stated traffic and congestion issues will be addressed as PDPs come forward. January 14, 2020 City of Fort Collins Page 363 Mayor Troxell stated he would support the motion and commended the plan and ability to have the PUD process as a mechanism. He stated this development provides the opportunity to aid the traffic and congestion issues in the area. RESULT: ORDINANCE NO. 014, 2020, ADOPTED ON FIRST READING [5 TO 2] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell NAYS: Gutowsky, Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2020-004. RESULT: RESOLUTION 2020-004 ADOPTED [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gutowsky, Gorgol, Summers, Stephens, Troxell NAYS: Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2020-005. RESULT: RESOLUTION 2020-005 ADOPTED [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gutowsky, Gorgol, Summers, Stephens, Troxell NAYS: Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2020-006. RESULT: RESOLUTION 2020-006 ADOPTED [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gutowsky, Gorgol, Summers, Stephens, Troxell NAYS: Cunniff Mayor Troxell stated Council will consider the Second Reading of Ordinance No. 014, 2020 on February 18, 2020. January 14, 2020 City of Fort Collins Page 364 Motion to Extend Past 12:00 AM Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the rules to continue the meeting past midnight to consider the remainder of the items on the agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 2. First Reading of Ordinance No. 015, 2020, Adopting a Development Agreement Extending the Term of Vested Rights for the Montava PUD Overlay and Regarding Certain Terms of Development Within the Montava PUD Overlay. (Adopted on First Reading) The purpose of this item is for Council to consider the development agreement regarding the Montava Planned Unit Development (PUD) Overlay to extend the term of vested rights from three years to twenty-five years and to adopt certain terms regarding development within the Montava PUD Overlay. The Council process for considering this item is as follows:  City staff presentation  Applicant presentation (suggested time: 10 minutes)  Public comment  Council deliberation Mayor Troxell outlined the hearing process for the item. Tom Leeson, Community Development and Neighborhood Services Director, stated this ordinance would adopt a development agreement extending the term of vested rights for the Montava PUD overlay. A vested property right is the right to undertake and complete the development and use of the property under the terms and conditions of a site-specific development plan. The extension of the vesting for this property to 25 years has been determined by the Director to be justified. Lucia Liley, attorney representing the applicant, discussed the history and purpose of the vested property right statute within Colorado. She stated Montava meets all the statutory purposes and language warranting long-term vesting and detailed the items that are not vested. Rich Stave questioned whether this would extend the right for the developer to make changes to the agreement which was just put forth. He also questioned what the citizens of Fort Collins are giving up in allowing the vesting to be increased to 25 years and asked if the vesting extension remains with the property regardless of the ownership. Nick Armstrong reiterated the idea of interagency cooperation over time to ensure property utility service and roadway connections. Councilmember Pignataro noted most developments can start and finish within three years whereas this one cannot. She asked what kinds of protections are inherently in place within this process without the consent of other property owners. Leeson replied the PUD Master Plan is the approval for the long period and it is likely Mr. Moss will sell off portions of the property to other developers. Amendments can be made without necessarily getting their approval; therefore, as new property owners come it, they are not able to influence the outcome of those amendments. January 14, 2020 City of Fort Collins Page 365 Councilmember Pignataro asked if the owner was the School District. Ms. Liley replied there is a specific exception for the school and no amendment that would affect the School District property can be initiated without the consent of the School District. She noted there are additional exceptions as well. Councilmember Gutowsky asked why the 25-year number was selected. Ms. Liley replied it is based on the size of the property, the projected number of phases, and looking at reasonable absorption rates. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 015, 2020, on First Reading. Councilmember Cunniff stated he will not support the motion as he did not support the PUD. Mayor Troxell stated he will support the vesting extension as it is an important complimentary component to the master plan and the execution of the vision. RESULT: ORDINANCE NO. 015, 2020 ADOPTED ON FIRST READING [5 TO 2] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell NAYS: Gutowsky, Cunniff 3. Resolution 2020-007 Approving a Development Agreement to Secure Public Benefits for Development of the Montava Planned Unit Development Master Plan. (Adopted as Amended) The purpose of this item is to consider approval of the “Development Agreement to Secure Public Benefits for Montava Planned Unit Development Master Plan” (Public Benefits Agreement). The Public Benefits Agreement is between the City and HF2M, Inc., a Texas corporation and real estate developer (Developer). The Developer is seeking to develop approximately 999 acres of land in northeast Fort Collins (Montava Property) as a planned unit development (PUD) under the City’s Land Use Code to be known as the Montava PUD Master Plan (Montava PUD). The City Council is considering at this meeting in Agenda Item No. 1, Ordinance No. 014, 2020, which, if adopted, will approve the Montava PUD. In connection with its development of the Montava Property, in 2018 the Developer submitted to the City its application to organize Montava Metropolitan District Nos. 1-7 (Metro Districts). At a public hearing on September 25, 2018, the City Council adopted Resolution 2018-083 approving the “Consolidated Service Plan for Montava Metropolitan District Nos. 1-7,” the document which outlines and governs the Metro Districts’ powers and authority (Service Plan). The Metro Districts have been organized by the Developer primarily for the purpose of financing many of the public improvements needed to develop the Montava Property, such as streets, utilities and parks. However, the Service Plan also provides that before the Metro Districts can impose a property tax mill levy or borrow any money to finance the construction of these public improvements, the Developer must enter into an agreement with the City to secure the provision of certain “Public Benefits.” These Public Benefits are described in the Service Plan as: (i) large-scale comprehensive master planning; (ii) new urbanism; (iii) agri-urban development; (iv) zero energy ready homes; (v) non-potable water system; and (vi) affordable/workforce housing. The proposed Public Benefits Agreement, which is attached as Exhibit D to the Resolution, sets forth the terms and conditions by which the Developer’s provision of these Public Benefits is secured as contemplated in the Service Plan. Staff has reviewed the Public Benefits Agreement to ensure it conforms to the Service Plan. January 14, 2020 City of Fort Collins Page 366 The Council process for considering this item is as follows:  City staff presentation  Applicant presentation (suggested time: 10 minutes)  Public comment  Council deliberation Mayor Troxell outlined the public benefits sought by this development, which are described in the service plan as smart growth management through: large-scale, comprehensive master planning, New Urbanism, agri-urban development, energy zero ready homes, a non-potable water system, and affordable workforce housing. He outlined the process for the hearing. Josh Birks, Economic Health Director, stated this Resolution would approve the public benefits agreement. He noted this is a required step of the metro district process and it creates a legal obligation and performance assurances that the developer will satisfy the public benefits promised in the service plan. It also creates enforcement mechanisms. Birks discussed the public benefits commitments set to be provided. Lucia Liley, attorney representing the applicant, stated there is an approved service plan and approved public benefits. She also discussed changes to the approved service plan, including the use of the non-potable water system for not only common areas but for all feasible private yards. Rich Stave stated most items listed as public benefits are specific to the buyers of these pieces of property, not necessarily to the public in general. He discussed an attachment related to the conceptual opinion of cost and asked how this benefits the citizens of Fort Collins in general. Nick Armstrong stated metro districts are feasible in Fort Collins. One of the bigger public benefits that Montava has brought to light is the operation of the utility districts. Boxelder ratepayers are already paying for speculative development. Councilmember Cunniff asked about specific requirements, particularly around affordable housing, and if they differ from what was included in the metro district plan approval in 2018. Birks replied the service plan contemplated and defined 65% of the affordable units would be delivered before additional permits for market-rate units could be pulled. The only change is that the number of units to get to that threshold has increased because the overall commitment on affordable housing has increased. Councilmember Cunniff expressed concern that 2,000 market-rate units could be built without any of them being the affordable units. Birks replied that is the case, but noted the affordable units must be provided prior to moving forward with the second half of the market-rate units. Councilmember Cunniff asked if the affordable units will have been rolled into market-rate units by the end of the vesting period if they are built at the beginning of the process. Birks replied that would be possible; however, multi-family affordable units tend to have longer than 20-year covenants, or covenants could be renewed before being allowed to lapse. He noted the commitment is for a minimum of 20-year covenants. Councilmember Gorgol requested information as to why an outside affordable housing provider, Pacific Builders, was selected rather than a local provider. Mr. Moss replied most master planned communities such as this are not done in communities as small as Fort Collins; therefore, there is January 14, 2020 City of Fort Collins Page 367 more risk here. Pacific Builders is one of the largest affordable housing developers in the country and it has a personal relationship to one of the primary developers in Montava. He also noted Pacific Builders is a joint venture partner for all of Montava. Councilmember Gorgol expressed concern about a back-up plan should private activity bonds or CDBG funds not be granted to this development. Mr. Moss replied he recently had a meeting with Housing Catalyst, Pacific Builders, and City staff and he is looking forward to a relationship with Housing Catalyst. Caleb Rupe, Pacific Builders, stated about 75-80% of his projects involve a partnership with local companies, primarily non-profits. He is attempting to work hand-in-hand with Housing Catalyst while not crowding out local providers of affordable housing. His goal is to develop innovative solutions to not only meet Montava's affordable housing goals, but to exceed them. Councilmember Gorgol asked how it can be ensured that the units actually are affordable, as the way the agreement is structured, half of the units could be built at 120% AMI and the other half at 80% AMI, which would basically result in no truly affordable units. Mr. Moss replied the commitment is to a minimum of 600 units, 300 of which are 30-80% AMI. Mr. Rupe replied the funding sources drive the AMI targeting and the important thing for Montava is to be financing- flexible so as to be able to take advantage of any opportunities that emerge. City Attorney Daggett clarified the agreement does specify that affordable units are to be affordable for 20 years from the date of the original certificate of occupancy for that unit. Councilmember Cunniff suggested it may be worth exploring having an interim goal for the number of affordable units prior to 65% at halfway through build-out. He also suggested a longer deed restriction may be worth exploring. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Ms. Liley noted there is already an approved service plan with approved public benefits and these changes would amend the service plan, although that is really not under consideration here. Mr. Rupe stated his team has concluded a perpetual affordability period is feasible to the extent that any project utilized public funding or public resources. His team is also proposing an average of 60% AMI through the 300 units in the 30-80% AMI bracket. Mr. Rupe stated his team would also agree to a proposal wherein the amount of affordable housing would be delivered based on the number of market-rate units delivered, or percentage thereof. Councilmembers Gorgol and Summers commended the proposals. City Attorney Daggett stated some type of more specific increment needs to be developed as part of the third proposal. Mr. Rupe replied affordable units would be delivered at every 1,000 market- rate units. (Secretary's Note: The Council took a brief recess at this point in the meeting.) City Attorney Daggett presented the proposed amended language for the resolution. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt Resolution 2020-007 as amended to include the proposed amended language.