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HomeMy WebLinkAboutMemo - Mail Packet - 10/20/2015 - Memorandum From Tom Leeson And Laurie Kadrich Re: Background Materials Regarding The Corridor Activity Center (Cac) For The Forthcoming Joint Meeting With The Windsor Town Board1 ORDINANCE NO. 036, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE IMPLEMENTING POLICIES OF THE 2010 UPDATE OF CITY PLAN WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 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, City staff has embarked upon an effort known as “Plan Fort Collins” to update the City’s comprehensive plan which effort has resulted in the suggestion that certain amendments need to be made to the Land Use Code in order to implement Plan Fort Collins; and WHEREAS, in connection with the Plan Fort Collins project and the implementation thereof, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That all references to the “Commercial District (C) zone district in the Land Use Code are hereby changed to “General Commercial District (C-G) zone district. Section 2. That Section 3.6.1(A) of the Land Use Code is hereby amended to read as follows: 3.6.1 Master Street Plan (A) Establishment of Master Street Plan. In order to accomplish the purposes of this Land Use Code, the location and ultimate functional classification of necessary arterial and collector streets and other transportation facilities have been established on a map entitled "City of Fort Collins Master Street Plan," dated August 20, 1996February 15, 2011, as amended, which map is hereby 2 made a part of this Land Use Code by reference. The Master Street Plan is on file with the City Clerk and the City Engineer. Section 3. That Section 3.9.1(A) of the Land Use Code is hereby amended to read as follows: 3.9.1 Applicability and Purpose (A) Applicability. These standards apply to applications for development within the boundary of the I-25 Subarea Plan.The provisions contained in Sections 3.9.2 through 3.9.11 shall apply to applications for development within the boundary of the I-25 Subarea Plan, and, to the extent that such provisions regulate Activity Centers, they shall also apply to the I-25/State Highway 392 Corridor Activity Center; and the provisions contained in Section 3.9.12 shall apply only to the I-25/State Highway 392 Corridor Activity Center. Section 4. That Article 3 of the Land Use Code is hereby amended by the addition of a new Division 3.9.12 which reads in its entirety as follows: 3.9.12 Corridor Activity Center Design Standards (A) On any exterior building that is visible from a public right-of-way, natural stone, synthetic stone, brick, and concrete masonry units that are textured or split face, solely or in combination, shall be applied to cover from grade to the top of the entry feature of such elevation, or if there is no entry feature on any particular elevation, to a height that would be equivalent to the top of the first floor. Materials such as synthetic stucco (E.I.F.S.), smooth-face block or tilt-up concrete with applied texturing are prohibited. (B) A roof pitch shall be required for buildings containing less than twenty five thousand (25,000) square feet and having three (3) stories or less. In cases where mechanical equipment must be mounted on the roof, a sloping mansard roof shall be allowed. (C) The maximum building height shall be ninety (90) feet. (D) All freestanding signs shall be ground signs and shall be limited to a maximum height of fourteen (14) feet along and perpendicular to I-25 and twelve (12) feet along and perpendicular to all other streets. Such ground signs shall be subject to all other requirements in Section 3.8.7. 3 Section 5. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores with less than five thousand (5,000) square feet of building footprint area; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics containing less than five thousand (5,000) square feet of building footprint area; community facilities; neighborhood support/recreation facilities; schools; child care centers; and places of worship or assembly. Section 6. That Section 4.5(D)(1)(2) and (3) of the Land Use Code are hereby amended to read as follows: (D) Land Use Standards. (1) Density. (a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of five (5)four (4) dwelling units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less and located in the area defined as "infill area" need not comply with the requirement of this subparagraph (a)shall have an overall minimum average density of three (3) dwelling units per net acre of residential land. (b) The maximum density of any development plan taken as a whole shall be eight (8)nine (9) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land. (c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family 4 structures shall be twelve (12) dwelling units per gross acre of residential land. (2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met: (a) A minimum of two (2)three (3) housing types shall be required on any project development plan containing thirty (30)twenty (20) acres or more, including such plans that are part of a phased overall development; and a minimum of three (3)four (4) housing types shall be required on any such project development plan containing forty-five (45)thirty (30) acres or more. (b) To the maximum extent feasible, housing types, block dimensions, garage placement, Llot sizes and lot dimensions shall be significantly and substantially varied for different housing types to avoid repetitive rows of housing and monotonous streetscapes. For example, providing distinct single-family detached dwellings or two-family dwellings larger housing types on larger lots are encouraged and on corners. and providing small lot single-family dwellings on Ssmaller lots abutting common open spaces fronting on streets are methods that accomplish this requirement. are encouraged. (c) The following list of housing types shall be used to satisfy this requirement: 1. Single-family detached dwellings with rear loaded garages. 12. Standard lot sSingle-family detached dwellings (lots containing six thousand [6,000] square feet or more)with front or side loaded garages. 23. Small lot single-family detached dwellings (lots containing less than six thousand [6,000]four thousand [4,000] square feet) or with lot frontages of forty (40) feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages. 34. Two-family dwellings. 45. Single-family attached dwellings. 5 56. Mixed-use dwelling units. 67. Multi-family dwellings (limited to eight [8]twelve [12] dwelling units per building); 78. Mobile home parks. (d) A single housing type shall not constitute more than ninety (90)eighty (80) percent or less than five (5) percent of the total number of dwelling units. If single-family detached dwellings are the only housing types included in the mix, then the difference between the average lot size for each type of single-family detached dwelling shall be at least two thousand (2,000) square feet. (3) Neighborhood Centers. . . . (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores, offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three quarter (3/4) miles from any other such use and from any gasoline station; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall be a maximum ofnot exceed five (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship and assembly and/or outdoor space as defined in subparagraph (e) of this Section. . . . Section 7. That Section 4.6(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall 6 development plans or project development plans) containing twenty (20) acres or less and located in the Infill Area shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings. . . . Section 8. That Section 4.21(B) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. (ba) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan. (cb) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. 7 (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. 2. Shelters for victims of domestic violence. (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. (2) The following uses are permitted in the C District, subject to administrative review:The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Multi-family dwellings. 4. Group homes. 5. Extra occupancy rental houses with more than five (5) tenants. 6. Mixed-use dwellings. (b) Institutional/Civic/Public Uses: 1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 2. Minor public facilities. 3. Places of worship or assembly. 4. Transit facilities without repair or storage. (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 8 2. Standard and fast food restaurants(without drive-in or drive- through facilities). 3. Convenience retail stores without fuel sales. 4. Convenience retail stores with fuel sales. 5. Personal and business service shops. 6. Offices, financial services and clinics. 7. Artisan and photography studios and galleries. 8. Retail establishments. 9. Retail stores with vehicle servicing. 10. Limited indoor recreation establishments. 11. Vehicle minor repair, servicing and maintenance establish- ments. 12. Equipment rental establishments (without outdoor storage). 13. Equipment, truck and trailer rental. 14. Lodging establishments. 15. Frozen food lockers. 16. Funeral homes. 17. Gasoline stations. 18. Health and membership clubs. 19. Open-air farmers markets. 20. Plant nurseries and greenhouses. 21. Plumbing, electrical and carpenter shops. 22. Clubs and lodges. 23. Veterinary facilities and small animal clinics. 24. Dog day-care facilities. 9 25. Print shops. 26. Food catering or small food product preparation. 27. Small scale reception centers. 28. Indoor kennels. (d) Industrial Uses: 1. Workshop and custom small industry uses. (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (39) inches in diameter. 2. Wireless telecommunication equipment. 3. Wireless telecommunication facilities. (3) The following uses are permitted in the C District, subject to review by the Planning and Zoning Board: (a) Institutional/Civic/Public Uses: 1. Public and private schools, including colleges, universities, vocational and technical training. 2. Community facilities. 3. Hospitals. 4. Major public facilities. (b) Commercial/Retail Uses: 1. Drive-in restaurants. 2. Recreational uses. 3. Large retail establishments. 4. Vehicle major repair, servicing and maintenance establish- ments. 10 5. Vehicle and boat sales and leasing establishments with outdoor storage. 6. Enclosed mini-storage. 7. Retail and supply yard establishments with outdoor storage. 8. Parking lots and parking garages (as a principal use). 9. Child care centers. 10. Unlimited indoor recreational uses and facilities. 11. Entertainment facilities and theaters. 12. Exhibit halls. 13. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] of a mile) of a Transfort route. 14. Grocery stores. 15. Adult day/respite care centers. 16. I-25 activity centers. 17. Outdoor amphitheaters. (c) Industrial Uses: 1. Composting facilities. Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. Residential Extra Occupancy rental houses with five (5) or fewer tenants Not permitted BDR Shelters for victims of domestic violence Not permitted BDR Mixed-use residential Type 1 Type 1 Multi-family mixed use Type 1 Type 1 Group homes Type 2 Type 1 11 Single-family attached dwellings Not permitted Type 1 Two-family dwellings Not permitted Type 1 Extra Occupancy rental houses with more than five (5) tenants Not permitted Type 1 B. Institutional/Civic/Public Neighborhood Parks (as defined by Parks Policy Plan) Not permitted BDR Parks, Recreation and other Open Lands Not permitted Type 1 Hospitals Type 2 Type 2 Schools-Private/Vocational Colleges Type 2 Type 2 Minor public facilities Not permitted Type 1 Places of worship or assembly Not permitted Type 1 Transit facilities without repair or storage Not permitted Type 1 Community Facilities Not permitted Type 2 Major Public Facilities Not permitted Type 2 C. Commercial/Retail Lodging Type 1 Type 1 Retail Establishment (under 25,000 sq. ft) Type 1 Type 1 Large Retail Establishment (25,000 sq. ft. +) Type 1 Type 2 Offices and Financial Services Type 1 Type 1 Personal/Business Service Shops Type 2 Type 1 Medical Centers/Clinics Type 2 Type 1 Long Term Care Facilities Type 2 Type 2 Health Club Type 2 Type 1 Small Scale Recreational Events Center Type 2 Type 1 Unlimited Indoor Recreation Type 2 Type 2 Entertainment Facilities/Theaters Type 2 Type 2 Standard Restaurant Type 2 Type 1 Drive Thru Restaurants Type 2 Type 2 Fast Food Restaurants Type 2 Type 1 Grocery/Supermarket Type 2 Type 2 Convenience Store with Fuel Sales Type 2 Type 1 Medical Marijuana Dispensary Not permitted BDR Bed and Breakfast Establishments Not permitted Type 1 Convenience Retail Stores without Fuel Sales Not permitted Type 1 Personal and Business Service Shops Not permitted Type 1 Artisan and Photography Studios and Galleries Not permitted Type 1 Vehicle Minor Repair, Servicing and Maintenance Establishments Not permitted Type 1 Limited Indoor Recreation Not permitted Type 1 Retail Stores with Vehicle Servicing Not permitted Type 1 Frozen Food Lockers Not permitted Type 1 Funeral Homes Not permitted Type 1 Gasoline Sales Not permitted Type 1 Open-Air Farmers Market Not permitted Type 1 Plant Nurseries and Greenhouses Not permitted Type 1 Plumbing, Electrical and Carpenter Shops Not permitted Type 1 12 Clubs and Lodges Not permitted Type 1 Veterinary Facilities and Small Animal Clinics Not permitted Type 1 Dog Day-Care Facilities Not permitted Type 1 Print Shops Not permitted Type 1 Food Catering or Small Food Product Preparation Not permitted Type 1 Indoor Kennels Not permitted Type 1 Drive – In Restaurants Not permitted Type 2 Recreational Uses Not permitted Type 2 Vehicle Major Repair, Servicing and Maintenance Establishments Not permitted Type 2 Vehicle and Boat Sales and Leasing Establishments with Outdoor Storage Not permitted Type 2 Enclosed Mini-Storage Not permitted Type 2 Retail and Supply Yard Establishments with Outdoor Storage Not permitted Type 2 Parking Lots and Parking Garages Not permitted Type 2 Child Care Centers Not permitted Type 2 I-25 Activity Centers Not permitted Type 2 Day Shelters < 10,000 square feet and located within 1,320’ of a Transfort Route. Not permitted Type 2 D. Industrial Uses Workshop and Small Custom Industry Not permitted Type 1 Composting Facilities Not permitted Type 2 E. Accessory – Misc. Wireless Telecommunication Equipment (not freestanding monopoles) Type 2 Type 1 Wireless Telecommunication Facilities Not permitted Type 1 Satellite Dish Antennas Greater than 39” in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR Section 9. That Section 4.21 of the Land Use Code is hereby amended by the addition of a new subsection (H) which reads in its entirety as follows: (H) Development standards for the I-25/State Highway 392 Corridor Activity Center. Development located within the I-25/State Highway 392 Corridor Activity Center (see Figure _____) shall be subject to the requirements contained in 3.9.12. 13 14 Section 10. That Section 5.1.2 of the Land Use Code is hereby amended by the deletion of the definition “Infill Area” as follows: Infill Area shall mean that area shown on the Figure below: 16 Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2011, and to be presented for final passage on the 22nd day of March, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 22nd day of March, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk RESOLUTION 2011-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FOSSIL CREEK RESERVOIR AREA PLAN, THE MOUNTAIN VISTA SUBAREA PLAN AND THE NORTHWEST SUBAREA PLAN TO COMPORT WITH THE 2010 UPDATE OF THE CITY’S COMPREHENSIVE PLAN KNOWN AS “PLAN FORT COLLINS” WHEREAS, on February 18, 1997, the City Council adopted the comprehensive plan of the City known as “City Plan”; and WHEREAS, on May 4, 2004, the City Council adopted an update to City Plan; and WHEREAS, on February 15, 2011, the City Council adopted another, more comprehensive update to City Plan known as “Plan Fort Collins”; and WHEREAS, the “Plan Fort Collins” update of City Plan has resulted in the need for certain amendments to the Fossil Creek Reservoir Area Plan, the Mountain Vista Subarea Plan and the Northwest Subarea Plan in order to address inconsistencies in those subarea plans with the updated City Plan as it relates to the Low Density Mixed-Use Neighborhood (L-M-N) density standards so as to ensure that the density numbers for the L-M-N zone district as referenced in the subarea plans are consistent with the density numbers in the newly updated City Plan; and WHEREAS, the Planning and Zoning Board has reviewed the proposed amendments to the Fossil Creek Reservoir Area Plan, the Mountain Vista Subarea Plan and the Northwest Subarea Plan recommended by City staff and have made favorable recommendations to the City Council; and WHEREAS, the City Council has determined that the recommended changes to the subarea plans are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the paragraph entitled “FC-LUF-3 Mixed-Use Neighborhoods of Chapter 2 of the Fossil Creek Reservoir Area Plan (as amended) is hereby amended to read as follows: FC-LUF-3 Mixed-Use Neighborhoods. (Low Density Mixed-Use Neighborhoods). These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 dwelling units per net acre of residential land. The maximum density of any development plan taken as a whole will be, with an overall maximum of 89 dwelling units per gross acre of residential land. The maximum density of any phase in a multiple-phase development plan or an affordable housing project shall be, and a maximum of 12 dwelling units per gross acre of residential land for any single phase if located within the TDU Receiving Area. This residential classification will require design and development standards agreed upon by both Larimer County and the City of Fort Collins. The method of calculating density is shown in Appendix A. Future development within the mixed-use neighborhood designation outside of the TDU Receiving Area (including north of Kechter Road, and west of Timberline Road), will have an overall minimum average density of 4 dwelling units per net acre of residential land, and an overall maximum density of 9 dwelling units per gross acre, of residential land. The maximum density of any phase in a multiple-phase development plan or an affordable housing project shall be 12 dwelling units per gross acre of residential land. Section 2. That the paragraph entitled “Mixed-Use Neighborhoods” contained in Chapter 4 of the Mountain Vista Subarea Plan is hereby amended to read as follows: MIXED-USE NEIGHBORHOODS Low Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood (LMN) represents the largest land use in the Framework Plan (1,298 acres). These neighborhoods will provide for the majority of future residential growth in northeast Fort Collins. The character of these neighborhoods reflects a variety of housing types, predominantly single- family, with supporting parks, schools, trails, and open lands with a minimum average density of five dwelling units per acre. New LMN development will have an overall minimum average density of 4 dwelling units per net acre of residential land. In addition, these future neighborhoods will provide a transition from existing Larimer County development to the west, and higher density neighborhoods, commercial, employment, and industrial uses further to the east.” Section 3. That the Mountain Vista Subarea Plan, Chapter 5, Principles and Policies is hereby amended by the addition of a new policy MV-LU-1.7 which reads in its entirety as follows: Policy MV-LU-1.7 The Low Density Mixed-Use Neighborhoods will have a range of density with an overall minimum average density of 4 dwelling units per net acre of residential land. For any development plan, an overall maximum density of 9 dwelling units per gross acre and 12 dwelling units per gross acre of residential land for any phase of a multiple-phase development or an affordable housing project will be applied. Section 4. That the Low-Density Mixed-Use Residential section of the Northwest Subarea Plan, Chapter 3, is hereby amended to read as follows: -2- LOW DENSITY MIXED-USE RESIDENTIAL Where it Applies The Framework Plan designates the area generally east of Sunset Street and south of Vine Drive as Low Density Mixed-Use Residential. Some lands are currently in city limits and have City zoning; others are in unincorporated Larimer County and would be zoned by the City if and when they are annexed (i.e., when development is proposed). The intent is to ensure that future development is compatible with the integrity and density of existing neighborhoods, as determined by location and infill parcel size. Future development density may be up to 8 units per acre overallFuture overall density may range between 4 dwelling units per net acre of residential land and up to 9 dwelling units per gross acre of residential land (or up to 12 units per gross acre of residential land for any phase of a multiple-phase development or an affordable housing project). The permitted density depends on each specific location as described in the sections below. . . . What Low Density Mixed-Use Residential Allows . . . Larger parcels will be zoned, upon annexation, as Low Density Mixed-Use Neighborhood (LMN) allowing up to eight (8)nine (9) dwelling units per gross acre of residential land (or up to 12 dwelling units per gross acre of residential land for any phase of a multiple-phase development or an affordable housing project). . . . Current Underlying Zoning The Low Density Mixed-Use category corresponds with two different City zoning districts: 1. Residential Low (RL) district in some existing single family areas, which allows density up to five (5) dwelling units per gross acre (or minimum lot size of 6,000 square feet); and, 2. Low Density Mixed-Use Neighborhood (LMN) district, which allows housing up to eight (8) units per acre, including single family homes and townhomes with no minimum lot size and also some commercial developmentan overall minimum average density of four (4) dwelling units per net acre of residential land, with a maximum density of nine (9) -3- dwelling units per gross acre of residential landtownhomes with no minimum lot size and also some commercial development. . . . Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of March, A.D. 2011. Mayor ATTEST: City Clerk -4- 1 2. City Staff Photos Brick Brick 2 Brick Brick 3 Brick Brick 4 Brick Brick 5 Brick Brick 6 Brick EIFS 7 EIFS EIFS 8 EIFS EIFS 9 EIFS EIFS 10 EIFS Stone 11 Stone Stone 12 Stone Stone 1 ORDINANCE NO. 036, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE IMPLEMENTING POLICIES OF THE 2010 UPDATE OF CITY PLAN WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 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, City staff has embarked upon an effort known as “Plan Fort Collins” to update the City’s comprehensive plan which effort has resulted in the suggestion that certain amendments need to be made to the Land Use Code in order to implement Plan Fort Collins; and WHEREAS, in connection with the Plan Fort Collins project and the implementation thereof, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That all references to the “Commercial District (C) zone district in the Land Use Code are hereby changed to “General Commercial District (C-G) zone district. Section 2. That Section 3.6.1(A) of the Land Use Code is hereby amended to read as follows: 3.6.1 Master Street Plan (A) Establishment of Master Street Plan. In order to accomplish the purposes of this Land Use Code, the location and ultimate functional classification of necessary arterial and collector streets and other transportation facilities have been established on a map entitled "City of Fort Collins Master Street Plan," dated February 15, 2011, as amended, which map is hereby made a part of this Land Use Code by reference. The Master Street Plan is on file with the City Clerk and the City Engineer. 2 Section 3. That Section 3.9.1(A) of the Land Use Code is hereby amended to read as follows: 3.9.1 Applicability and Purpose (A) Applicability. The provisions contained in Sections 3.9.2 through 3.9.11 shall apply to applications for development within the boundary of the I-25 Subarea Plan, and, to the extent that such provisions regulate Activity Centers, they shall also apply to the I-25/State Highway 392 Corridor Activity Center; and the provisions contained in Section 3.9.12 shall apply only to the I-25/State Highway 392 Corridor Activity Center. Section 4. That Article 3 of the Land Use Code is hereby amended by the addition of a new Division 3.9.12 which reads in its entirety as follows: 3.9.12 Corridor Activity Center Design Standards (A) On any exteriorfirst floor building elevation that is visible from a public right-of-way, masonry materials limited to natural stone, synthetic stone, brick, and concrete masonry units that are textured or split face, solely or in combination, shall be applied to cover from grade to the top of the entry feature of such elevation, or if there is no entry feature on any particular elevation, to a height that would be equivalent to the top of the first floor. For first floor building elevations not visible from a public right-of-way and on all upper stories, other exterior finish materials including but not limited to synthetic stucco (E.I.F.S.), architectural metals, clay units, terra cotta, prefabricated brick panels or wood can be applied in whole, or in combination with the masonry materials described above. For the purposes of this provision, architectural metals shall mean metal panel systems that are either coated or anodized; metal sheets with expressed seams; metal framing systems; or cut, stamped or cast ornamental metal panels, but not ribbed or corrugated metal panel systems. Materials such as synthetic stucco (E.I.F.S.), smooth-face blockStandard concrete masonry units or tilt-up concrete with applied texturing are prohibited on any building elevation. (B) A roof pitch shall be required for buildings containing less than twenty five thousand (25,000) square feet and having three (3) stories or less. In cases where mechanical equipment must be mounted on the roof, a sloping mansard roof shall be allowed. (C) The maximum building height shall be ninety (90) feet. 3 (D) All freestanding signs shall be ground signs and shall be limited to a maximum height of fourteen (14) feet along and perpendicular to I-25 and twelve (12) feet along and perpendicular to all other streets. Such ground signs shall be subject to all other requirements in Section 3.8.7. Section 5. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/recreation facilities; schools; child care centers; and places of worship or assembly. Section 6. That Section 4.5(D)(1)(2) and (3) of the Land Use Code are hereby amended to read as follows: (D) Land Use Standards. (1) Density. (a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of four (4) dwelling units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of three (3) dwelling units per net acre of residential land. (b) The maximum density of any development plan taken as a whole shall be nine (9) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land. (c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land. 4 (2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met: (a) A minimum of three (3) housing types shall be required on any project development plan containing twenty (20) acres or more, including such plans that are part of a phased overall development; and a minimum of four (4) housing types shall be required on any such project development plan containing thirty (30) acres or more. (b) To the maximum extent feasible, housing types, block dimensions, garage placement, lot sizes and lot dimensions shall be significantly and substantially varied to avoid repetitive rows of housing and monotonous streetscapes. For example, providing distinct single- family detached dwellings or two-family on larger lots and on corners and providing small lot single-family dwellings on smaller lots abutting common open spaces fronting on streets are methods that accomplish this requirement. (c) The following list of housing types shall be used to satisfy this requirement: 1. Single-family detached dwellings with rear loaded garages. 2. Single-family detached dwellings with front or side loaded garages. 3. Small lot single-family detached dwellings (lots containing less than four thousand [4,000] square feet or with lot frontages of forty (40) feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages. 4. Two-family dwellings. 5. Single-family attached dwellings. 6. Mixed-use dwelling units. 7. Multi-family dwellings (limited to twelve [12] dwelling units per building); 8. Mobile home parks. 5 (d) A single housing type shall not constitute more than eighty (80) percent or less than five (5) percent of the total number of dwelling units. (3) Neighborhood Centers. . . . (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores, offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three quarter (3/4) miles from any other such use and from any gasoline station; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall not exceed five (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship and assembly and/or outdoor space as defined in subparagraph (e) of this Section. . . . Section 7. That Section 4.6(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings. . . . Section 8. That Section 4.21(B) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. 6 (1) The following uses are permitted in the C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan. (b) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. Residential Extra Occupancy rental houses with five (5) or fewer tenants Not permitted BDR Shelters for victims of domestic violence Not permitted BDR Mixed-use residential Type 1 Type 1 Multi-family mixed use Type 1 Type 1 Group homes Type 2 Type 1 Single-family attached dwellings Not permitted Type 1 Two-family dwellings Not permitted Type 1 Extra Occupancy rental houses with more than five (5) tenants Not permitted Type 1 B. Institutional/Civic/Public Neighborhood Parks (as defined by Parks Policy Plan) Not permitted BDR Parks, Recreation and other Open Lands Not permitted Type 1 Hospitals Type 2 Type 2 7 Schools-Private/Vocational Colleges Type 2 Type 2 Minor public facilities Not permitted Type 1 Places of worship or assembly Not permitted Type 1 Transit facilities without repair or storage Not permitted Type 1 Community Facilities Not permitted Type 2 Major Public Facilities Not permitted Type 2 C. Commercial/Retail Lodging Type 1 Type 1 Retail Establishment (under 25,000 sq. ft) Type 1 Type 1 Large Retail Establishment (25,000 sq. ft. +) Type 1 Type 2 Offices and Financial Services Type 1 Type 1 Personal/Business Service Shops Type 2 Type 1 Medical Centers/Clinics Type 2 Type 1 Long Term Care Facilities Type 2 Type 2 Health Club Type 2 Type 1 Small Scale Recreational Events Center Type 2 Type 1 Unlimited Indoor Recreation Type 2 Type 2 Entertainment Facilities/Theaters Type 2 Type 2 Standard Restaurant Type 2 Type 1 Drive Thru Restaurants Type 2 Type 2 Fast Food Restaurants Type 2 Type 1 Grocery/Supermarket Type 2 Type 2 Convenience Store with Fuel Sales Type 2 Type 1 Medical Marijuana Dispensary Not permitted BDR Bed and Breakfast Establishments Not permitted Type 1 Convenience Retail Stores without Fuel Sales Not permitted Type 1 Personal and Business Service Shops Not permitted Type 1 Artisan and Photography Studios and Galleries Not permitted Type 1 Vehicle Minor Repair, Servicing and Maintenance Establishments Not permitted Type 1 Limited Indoor Recreation Not permitted Type 1 Retail Stores with Vehicle Servicing Not permitted Type 1 Frozen Food Lockers Not permitted Type 1 Funeral Homes Not permitted Type 1 Gasoline Sales Not permitted Type 1 Open-Air Farmers Market Not permitted Type 1 Plant Nurseries and Greenhouses Not permitted Type 1 Plumbing, Electrical and Carpenter Shops Not permitted Type 1 Clubs and Lodges Not permitted Type 1 Veterinary Facilities and Small Animal Clinics Not permitted Type 1 Dog Day-Care Facilities Not permitted Type 1 Print Shops Not permitted Type 1 Food Catering or Small Food Product Preparation Not permitted Type 1 Indoor Kennels Not permitted Type 1 Drive – In Restaurants Not permitted Type 2 Recreational Uses Not permitted Type 2 Vehicle Major Repair, Servicing and Maintenance Not permitted Type 2 8 Establishments Vehicle and Boat Sales and Leasing Establishments with Outdoor Storage Not permitted Type 2 Enclosed Mini-Storage Not permitted Type 2 Retail and Supply Yard Establishments with Outdoor Storage Not permitted Type 2 Parking Lots and Parking Garages Not permitted Type 2 Child Care Centers Not permitted Type 2 I-25 Activity Centers Not permitted Type 2 Day Shelters < 10,000 square feet and located within 1,320’ of a Transfort Route. Not permitted Type 2 D. Industrial Uses Workshop and Small Custom Industry Not permitted Type 1 Composting Facilities Not permitted Type 2 E. Accessory – Misc. Wireless Telecommunication Equipment (not freestanding monopoles) Type 2 Type 1 Wireless Telecommunication Facilities Not permitted Type 1 Satellite Dish Antennas Greater than 39” in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR Section 9. That Section 4.21 of the Land Use Code is hereby amended by the addition of a new subsection (H) which reads in its entirety as follows: (H) Development standards for the I-25/State Highway 392 Corridor Activity Center. Development located within the I-25/State Highway 392 Corridor Activity Center (see Figure _____) shall be subject to the requirements contained in 3.9.12. 9 10 Section 10. That Section 5.1.2 of the Land Use Code is hereby amended by the deletion of the definition “Infill Area”. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2011, and to be presented for final passage on the 22nd day of March, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 22nd day of March, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 FIRST AMENDED INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE DEVELOPMENT OF THE INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE THIS AGREEMENT is entered into this day of , 2012, by and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the “City”), and the Town of Windsor, Colorado, a Colorado home rule municipality (the “Town”), collectively referred to herein as the “Parties”. RECITALS WHEREAS, the City and the Town are situated on opposite sides of Interstate 25 and are both committed to planned and orderly development; to regulating the location and activities of development which may result in increased demand for services; to providing for the orderly development and extension of urban services; to simplifying governmental structure when possible; to promoting the economic vitality of both municipalities; to protecting the environment; and to raising revenue sufficient to meet the needs of their citizens; and WHEREAS, on January 3, 2011, the City and the Town entered into an Intergovernmental Agreement (“the Original Agreement”) setting forth certain understandings between the City and the Town with regard to the development of the Interstate 25/State Highway 392 Interchange; and WHEREAS, the Original Agreement anticipated the future adoption of ordinances and resolutions by the City and the Town necessary to implement the provisions of that Agreement; and WHEREAS, since the adoption of the Original Agreement, the City and the Town have agreed upon a number of changes to the Original Agreement; and WHEREAS, the changes agreed to are of sufficient substance to require a full amendment of the Original Agreement; and WHEREAS, this First Amended Intergovernmental Agreement (‘this Agreement”) reflects the changes agreed to by the City and the Town as well as restating and reaffirming those provisions of the Original Agreement which the City and the Town desire to remain in full force and effect; and WHEREAS, the Colorado Constitution, Section 29-20-101 et seq., of the Colorado Revised Statutes, and the home rule charters of both the City and Town authorize the City and the Town to enter into mutually binding and enforceable agreements regarding the joint exercise of planning, zoning and related powers as those powers are exercised in the provisions of this Agreement. EXHIBIT A Page 2 of 14 NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows. SECTION 1. DEFINITIONS In this Agreement, unless a different meaning clearly appears from the context, the following definitions shall apply: 1.1. “Agreement” means this First Amended Intergovernmental Agreement and attachments hereto. 1.2. “City” means the City of Fort Collins, Colorado. 1.3. “CDOT” means the Colorado Department of Transportation. 1.4. “Corridor Activity Center” or “CAC” means that joint planning area referred to above and more fully described on Exhibit “A,” attached hereto and incorporated herein by this reference. 1.5. “Developable Land” means that portion of each parcel of real property within the CAC upon which buildings, infrastructure or other improvements may lawfully be constructed, taking into consideration the physical characteristics of the property and all applicable state and local laws and regulations. 1.6. “Development Proposal” means an application for the development of a parcel of land within the CAC. 1.7. “Effective Date” means the date that the last party signs this Agreement, or ten days after the final approval by the last governing board of the City or Town. 1.8. “Enhanced Improvements” means any improvements within the vicinity of the Interchange that are deemed necessary or appropriate by the governing bodies of the City and the Town, which improvements shall be constructed and maintained by the City and the Town. 1.9. “Foster Study” means the report prepared by Foster Valuation Company, LLC, attached hereto as Exhibit “B” 1.10. “Interchange” means the Interstate 25 and State Highway 392 interchange. 1.11. “Original Agreement” means the Intergovernmental Agreement between the City and the Town dated January 3, 2011. 1.12. “Project” means the construction by CDOT of a new Interchange at Interstate Highway 25 and Colorado State Highway 392. Page 3 of 14 1.13. “Property Owner” shall mean and include the current and any future fee owner of a CAC property. 1.14. “Property Tax Increment” means the net new revenue generated by property taxes on real property located within the boundaries of the CAC, using as the baseline a base rate of 9.797 mils, as applied to the assessed valuation developed by Larimer County as of the Effective Date. 1.15. “Redevelopment Proposal” means an application for the redevelopment of a previously developed parcel of land within the CAC. 1.16. “Sales Tax Increment” means the net new sales tax revenues generated by sales within the boundaries of the CAC, using as the baseline a base rate of 2.25% and the amount of tax revenue received in the twelve (12) months immediately preceding the Effective Date. 1.17. “Town” means the Town of Windsor, Colorado. SECTION 2. CONFIGURATION OF THE CAC For the purposes of this Agreement, the Parties have agreed upon the boundaries of the CAC and those boundaries are more fully described on Exhibit “A” to this Agreement. SECTION 3. REVIEW OF DEVELOPMENT AND REDEVELOPMENT PROPOSALS 3.1. Permitted uses. Pursuant to the Original Agreement, the Parties have by ordinance adopted approved land uses for the CAC. Except by written agreement approved by both Parties, the Parties hereby agree that for a term of twenty-five (25) years from the date of the execution of this Agreement, neither Party shall repeal or otherwise amend their respective ordinances adopting these land uses. 3.2. Applicable Standards. Pursuant to the Original Agreement, the Parties have lawfully adopted standards and guidelines for development of the properties in the CAC, including, but not limited to, the standards contained in the Northern Colorado Regional I-25 Corridor Plan (2001). These standards and guidelines are referred to herein collectively as the CAC Design Standards. Except by written agreement approved by both Parties, these CAC Design Standards shall remain in full force and effect for a term of twenty-five (25) years. 3.3. Review and Approval of Site Specific Development Proposals. 3.3.1 In order to promote and maintain the commitments of the City and Town with regard to development within the CAC, the Parties hereby jointly agree to the following review process for Development or Redevelopment Proposals for property within the CAC. Page 4 of 14 a. Neither the City nor Town shall, without the prior written consent of the other Party, approve the construction of any improvements within the CAC which are inconsistent with the CAC Design Standards. b. Plans and specifications for any Development or Redevelopment Proposal on land located within the CAC that are received by either Party after the Effective Date shall, no later than thirty (30) business days prior to taking action, be submitted by the Party having jurisdiction over the proposal to the other Party for review and comment; provided, however, that the Parties may mutually agree to a shorter or longer review and comment period. c. Such plans and specifications shall include a brief written description of the Development or Redevelopment Proposal and the surrounding vicinity, development maps and graphics, and renderings of all proposed improvements. d. The receiving Party shall review the materials and respond to the other Party with written comments within the aforementioned thirty (30) business days. Each party agrees that it shall use its best efforts to provide comments in a timely fashion. However, the Parties expressly agree that any delay in submitting comments shall not require the delay of hearings or decisions by the party having jurisdiction over the Development Proposal. e. The Parties shall designate a single point of contact for the communication of materials and comments contemplated by this Section. f. The review and comment provided for herein is intended to be cooperative in nature, and is not intended to be binding upon the party having jurisdiction to grant, modify, or deny a Development or Redevelopment Proposal and shall not preclude the approval of any such proposal that is consistent with the CAC Design Standards and the provisions of this Agreement. 3.3.2. Notice of Incentives. In the event that either Party extends, or agrees to extend, to any applicant for approval of a Development or Redevelopment Proposal within the CAC, any financial or other incentives in connection with such Development or Redevelopment Proposal, such Party shall provide the other Party with a detailed description of such financial or other incentives prior to the formal approval of the same, excluding only such information as is proprietary in nature. The provision and funding of any such incentives shall be the sole responsibility of the Party having jurisdiction over the Development or Redevelopment Proposal, unless the Parties agree to the contrary in a written amendment to this Agreement. Page 5 of 14 SECTION 4. COST SHARING 4.1. Funding of the Project. 4.1.1 The Project, which is now nearing completion, has been constructed, managed, and in large part funded by CDOT. Each of the Parties has appropriated the necessary amounts to complete the funding of the Project pursuant to an Intergovernmental Agreement between the Parties and CDOT dated January 3, 2011. In addition to this contribution to the funding of the construction of the Project, the City and the Town have also appropriated funds for the construction of the Enhanced Improvements. The Enhanced Improvements shall not include enhanced wetland mitigation on the west side of Interstate 25. The City may, in its discretion, pay for the cost of such enhanced wetland mitigation, and the Town shall have no obligation to help fund such mitigation. 4.1.2 The Parties have agreed to recover an amount not to exceed Fifty Percent (50%) of the actual contribution made by the City and the Town for the construction of the Project and the Enhanced Improvements from the Property Owners in the CAC. The City and the Town shall each adopt ordinances authorizing such recovery and establishing fees and appropriate methodologies for such recovery. 4.1.3 There shall be no further contributions to the Project by the Parties except by a written agreement approved by the governing bodies of both Parties. 4.2. CAC Fee Revenue Fund. 4.2.1 The Parties shall, within sixty (60) days after collecting any fee revenues from Property Owners as described in Section 4 of this Agreement, deposit such revenues into a CAC Fee Revenue Fund (“Fee Revenue Fund”) to be established and administered by one of the Parties pursuant to a written administrative agreement approved by the Town Manager and the City Manager, which agreement shall include a provision whereby the Parties will equitably share the costs incurred in administering the Fee and managing the Fee Revenue Fund. The amounts deposited into the Fee Revenue Fund shall be disbursed annually to the Parties in equal amounts, without regard to whether the properties that generated the Fee revenues are located with the territorial limits of the City or the Town. Such disbursements shall continue until the City and the Town have been fully reimbursed in accordance with the provisions of Section 4 of this Agreement. 4.2.2 Either Party may elect to forego the collection of all or any portion of the fee revenues due from a particular Property Owner in exchange for the Property Owner's provision of a reciprocal benefit to such Party, which benefit may include, but need not be limited to, the setting aside or Page 6 of 14 dedication to the public of a portion of the developable land within the parcel for purposes such as wetlands, open space, parks or other improvements or amenities. In the event that either party elects to forego the collection of any fee revenue pursuant to this provision, such Party shall nonetheless pay into the Fee Revenue Fund the full amount of the Fee that would have been due from the Property Owner had such election not been made. SECTION 5. REVENUE SHARING 5.1. Terms and Conditions. The Parties shall, pursuant to the following terms and conditions, share the Property Tax Increment and Sales Tax Increment generated by properties and businesses located within the boundaries of the CAC. 5.1.1 All tax revenues generated by the Property Tax Increment and Sales Tax Increment shall be deposited by each Party in a separate account and shall not be intermingled with any other funds of that Party. 5.1.2 Sixty-five percent (65%) of the Property and Sales Tax Increment revenues generated in the CAC shall be retained by each Party for use as that Party sees fit. The remaining thirty-fix percent (35%) of such revenues shall be transferred to the other Party within sixty (60) days of December 31 of each year. Annual statements showing calendar year total receipts of all such revenues from each of the Property Owners and retailers within the CAC shall be shared with the other Party within thirty (30) days of December 31 of each year, and the Parties agree that these statements are being disclosed solely for tax-related purposes and are therefor to remain confidential. 5.1.3 Any interest earned on deposits in the account described in Section 5.1.1 above shall remain the property of the Party that collected the revenue upon which the interest was earned and shall not be shared. 5.1.4 The share distribution shall begin on the Effective Date. 5.1.5 Any increase or decrease in the sales or property tax rates of either the City or the Town shall not affect the Property Tax Increment or the Sales Tax Increment due from the City or the Town for the revenue sharing purposes of this Section. 5.1.6 In the event either the City or the Town creates one or more exemptions from sales taxes or property taxes, and such exemption(s) results in a reduction in the amount of revenue collected by such Party in the CAC, the Party creating the exemption(s) shall include the exempted amount in its calculation of the amount of Property and Sales Tax Increment revenue that is due to the other Party under this Section as if the exemption(s) had not been created. Page 7 of 14 5.1.7 To the extent permitted by law, this sharing of revenues shall continue in perpetuity. 5.2. Cooperation in Attracting New Development. The Parties acknowledge and agree that they may need to cooperate in an effort to attract desirable development. Nothing herein shall preclude the Parties from entering into a subsequent agreement modifying the within Section and creating incentives for development in the CAC beneficial to both Parties. This shall include, but shall not be limited to, an agreement to reduce or eliminate the revenue sources identified in this Section. Any such agreement shall be in writing and set forth the terms under which a modification of this Section will occur. 5.3. Bonding. Nothing in this Agreement is intended to restrict either Party from being able to utilize its sixty-five percent (65%) share of the Property Tax Increment revenue and Sales and Use Tax Increment revenue as collateral or use in underwriting any bond, note, debenture, or other municipal borrowing. SECTION 6. INSPECTION OF RECORDS. The City and the Town shall each have the right to inspect and audit the tax revenue and fee collection records of the other pertaining to this Agreement. If any discrepancy is discovered, the auditing Party shall provide written notice, including a copy of the audit report, to the other Party. Any amount due must be paid within thirty (30) days following the written notice or the Parties must engage in negotiations regarding the discrepancy. If a mutual agreement is not reached in sixty (60) days, the provisions of Section 8 below will apply. To the extent permitted by law, all tax and revenue collection information which is obtained by and pursuant to the inspection and audit provisions of this Agreement shall be deemed privileged, confidential and proprietary information and is being disclosed solely for tax-related purposes, including the calculation of revenue sharing payments pursuant to this Agreement. The Parties agree that they will not disclose any information to any person not having a legitimate need-to-know for purposes authorized by this Agreement. The period of limitation for the recovery of any funds payable under this Agreement shall be three (3) years from the date on which the payment is due. Upon the expiration of this period of limitation and any action for collection or recovery of unpaid revenue sharing funds shall be barred. Each Party and its authorized agents may, upon thirty (30) days’ advance written notice to the other, audit the other’s records of those taxes and fees which are collected within the CAC and which are being shared pursuant to this Agreement. Page 8 of 14 SECTION 7. ANNEXATION 7.1. Amendment of Growth Management Area Boundaries. In order to promote ongoing cooperation and collaboration between the Parties with respect to land use planning on both sides of Interstate 25, and to further the purposes contained in C.R.S. Section 31-12-102 of the Municipal Annexation Act of 1965, the Parties agree that Interstate 25 shall become the boundary between the Fort Collins Growth Management Area (“FCGMA”) and the Windsor Growth Management Area (“WGMA”). Accordingly, after the Effective Date, neither Party shall annex, or accept any petition to annex, property within the other Party’s growth management area as amended in accordance with this provision. Nor shall either Party annex, or accept any petition to annex, or include within its growth management area, the right of way for Interstate 25 adjacent to the other Party’s growth management area without the prior written consent of the other Party. Any future amendments to the contiguous boundaries of the FCGMA and the WGMA shall be made only if agreed upon in writing by both Parties. 7.2. County Approval of GMA Boundary Amendments. Both Parties have heretofore entered into intergovernmental agreements with Larimer County that establish the growth management areas of the Parties, which agreements provide for, among other things, the way in which development applications for properties within the FCGMA and the WGMA will be processed by Larimer County. Accordingly, in order to ensure the cooperation of Larimer County in implementing the provisions of this Section, each Party shall, within one (1) year of the Effective Date, seek the approval of Larimer County to amend its agreement with Larimer County so as to reflect the amendments to the FCGMA and WGMA required hereunder. However, the failure of Larimer County to approve either or both such amendments shall not affect the obligation of the Parties to refrain from annexing territory within the FCGMA, the WGMA or the right of way for Interstate 25 as required in Section 7.1 above. 7.3. Effect on Prior Annexation Agreements. The provisions of this Section shall supersede and take precedence over any conflicting provisions contained in those certain agreements between the Parties entitled “Intergovernmental Agreement (Regarding Annexations East of Interstate Highway 25)” and “Intergovernmental Agreement (Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir), both of which are dated June 28, 1999. SECTION 8. MEDIATION/ARBITRATION 8.1. Enforceability of Agreement. The parties acknowledge that agreements between municipalities for the purposes set forth herein are mutually binding and enforceable. The parties likewise acknowledge that the unique nature of agreements between municipalities often require equally unique remedies to ensure compliance with the provisions of such agreements while preserving the obligations of the parties to one and other and promoting the continued existence and effectiveness of such agreements. It is the intent of the parties to this Agreement to provide enforcement remedies through a Page 9 of 14 combination of alternative dispute methodologies including mediation and binding arbitration, and thereby eliminate the necessity of judicial enforcement of this Agreement. Nothing herein shall be deemed to preclude either party from seeking judicial enforcement of any mediation agreement reached between the parties or binding arbitration order entered as a result of the alternate dispute methodologies set forth herein. 8.2. Mediation/Arbitration Process in General. Should either party fail to comply with the provisions of this Agreement, the other party, after providing written notification to the non-complying party, and upon the failure of the non-complying party to achieve compliance within forty five (45) days after said notice, the issue of non-compliance shall be submitted to mediation and thereafter, assuming no resolution has been reached through the mediation process, shall be submitted to binding arbitration. The mediation and binding arbitration processes shall in accordance with the provisions hereinafter set forth. These mediation and arbitration provisions shall be in addition to questions of non- compliance as aforesaid, apply to all disagreements or failure of the parties to reach agreement as may be required by the terms of this Agreement. This shall include, but shall not be limited to, the creation of joint land use designs and standards, approval or rejection of Development Proposals, and disputed matters concerning shared revenues. 8.3. Sharing of Costs. All costs of the mediation/binding arbitration process shall be divided equally between the Parties. 8.4. Mediation Process. The dispute resolution process shall commence with the appointment of a mediator who shall be experienced in matters of local government and the legal obligations of local government entities. In the event the parties are unable to agree upon a mediator within fifteen (15) days of the commencement of the process, each party shall within five (5) days appoint an independent third party, and the third parties so appointed shall select a mediator within fifteen (15) days of their appointment. Mediation shall be completed no later than sixty (60) days after a mediator is selected by the parties or by the independent third parties. The procedures and methodology for mediation shall be determined by the mediator, but shall be in compliance with applicable law. 8.5. Binding Arbitration Process. In the event the parties are unable to reach agreement through the mediation process, the matter in dispute shall be submitted to binding arbitration. The parties agree that the order resulting from the arbitration process shall be deemed a final and conclusive resolution of the matter in dispute. The parties shall agree on the appointment of an arbitrator who shall be experienced in matters of local government and the legal obligations of local government entities. It is understood and agreed that the parties may agree upon the appointment of that person who conducted the mediation portion of this process as the arbitrator, but are not bound to do so. In the event the parties are unable to agree upon an arbitrator within fifteen (15) days, each party will appoint an independent third party, and the third parties so appointed shall select a mediator within fifteen (15) days of their appointment. Arbitration shall be completed no later than ninety (90) days after an arbitrator is selected by the parties or by Page 10 of 14 the independent third parties. The procedures and methodology for binding arbitration shall be determined by the arbitrator, but shall be in compliance with applicable law. SECTION 9. CONTINGENT ON APPROPRIATIONS The obligations of the City and Town do not constitute an indebtedness of the City or Town within the meaning of any constitutional or statutory limitation or provision. The obligations of the City and Town for payment of the Sales Tax Increment under this Agreement shall be from year to year only and shall not constitute a mandatory payment obligation of the City or Town in any fiscal year beyond the present fiscal year. This Agreement shall not directly or indirectly obligate the City or Town to make any payments of Sales Tax Increment beyond those appropriated for any fiscal year in which this Agreement shall be in effect. The City and Town Manager (or any other officer or employee at the time charged with the responsibility of formulating budget proposals) is hereby directed to include in the budget proposals and appropriation ordinances submitted to the City Council and the Town Board, in each year prior to expiration of this Agreement, amounts sufficient to meet its obligations hereunder, but only if it shall have received such amounts in the form of Sales Tax Increment, it being the intent, however, that the decision as to whether to appropriate such amounts shall be at the discretion of the City Council and Town Board. SECTION 10. MISCELLANEOUS 10.1. Amendment. This Agreement is the entire and only agreement between the Parties regarding the sharing of (1) costs for the Project; and (2) net new tax revenues generated with the CAC boundaries. There are no promises, terms, conditions, or other obligations other than those contained in this Agreement. This Agreement may be amended only in writing signed by the Parties. 10.2. Severability. Except as otherwise provided in this Agreement, if any part, term, or provision of this Agreement is held by the courts to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision of this Agreement and the rights of the Parties will be construed as if that part, term, or provision was never part of this Agreement. 10.3. Colorado Law. This Agreement is made and delivered with the State of Colorado and the laws of the State of Colorado will govern its interpretation, validity, and enforceability. 10.4. Jurisdiction of Courts. Personal jurisdiction and venue for any civil action commenced by any of the Parties to this Agreement for actions arising out of or relating to this Agreement will be the District Court of Larimer County, Colorado. 10.5. Representatives and Notice. Any notice or communication required or permitted under the terms of this Agreement will be in writing and may be given to the Parties or their respective legal counsel by (a) hand delivery; (b) deemed delivered three business days after being deposited in the United States mail, with adequate postage prepaid, and Page 11 of 14 sent via registered or certified mail with return receipt requested; or (c) deemed delivered one business day after being deposited with an overnight courier service of national reputation have a delivery area of Northern Colorado, with the delivery charges prepaid. The representatives will be: If to the City: City Manager 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 With a copy to City Attorney 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 If to the Town: Town Manager Windsor Town Hall 301 Walnut Street Windsor, CO 80550 With a copy to Town Attorney c/o Town Manager Windsor Town Hall 301 Walnut Street Windsor, CO 80550 10.6. Good Faith. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition or delay any approval, acceptance or extension of time required or requested pursuant to this Agreement. 10.7. Authorization. The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary action, notices, meetings, and hearings pursuant to any law required to authorize their execution of this Agreement have been made. 10.8. Assignment. Neither this Agreement, nor the City or Towns’ rights, obligations or duties may be assigned or transferred in whole or in part by either Party without the prior written consent of the other Party. 10.9. Execution in Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same agreement. Page 12 of 14 10.10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the Parties that no person and/or entity, other than the undersigned Parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 10.11. Recordation of Agreement. The City shall record a copy of this Agreement in the office of the Clerk and Recorder of Larimer County, Colorado. 10.12. Execution of Other Documents. The Parties agree to execute any additional documents and to take any additional actions necessary to carry out the terms of this Agreement. Approved as to Form: CITY OF FORT COLLINS ________________________________ ______________________________ City Attorney Mayor ATTEST: _________________________________ City Clerk TOWN OF WINDSOR ______________________________ Mayor ATTEST: ___________________________________ Town Clerk E C ounty Road 32 S County Road 5 E C ounty Road 30 !"`$ !"`$ ôZYXW ôZYXW Fossil Creek Reservoir 0 0.1 0.2 0.3 0.4 0.5 Miles © I25 - State HWY 392 Interchange Corridor Activity Center Land Use Commercial Employment Residential Natural Resource Buffer I-25 Setback Wetlands Boundaries CAC Fort Collins GMA Windsor GMA Parcels Proposed Interchange Redesign Interchange Footprint Right of Way Changes CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: February 24, 2011 EXHIBIT A to the Amended IGA W. West Foster, MAI, CRE, SR/WA ♦ Sue Anne Foster, MAI, SRA Jon M. Vaughan, MAI, SR/WA ♦ Christine Antonio ♦ Michael Smith Certified General Real Estate Appraisers ♦ 910 54th Avenue, Suite 210, Greeley, Colorado 80634 Phone (970) 352-1117 ♦ FAX (970) 323-2753 October 3, 2012 Mr. Rick Richter Capital Projects Manager Engineering Department City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522-0580 John P. Frey, Esq. Frey McCargar & Plock, LLC The Historic Harmony Mill 131 Lincoln Avenue, Suite 100 Fort Collins, CO 80524 RE: Interstate 25 and Colorado State Highway 392 Reimbursement Study- Revised October 3, 2012 Dear Mr. Richter and Mr. Frey: At your request, I am submitting my revised appraisal consulting report, which involves a reimbursement study prepared to estimate an equitable manner to assess property owners within the Fort Collins Growth Management Area (GMA) and the Windsor GMA who benefit from the capital improvement project proposed to improve traffic flow and reduce congestion at the Interstate 25 and Colorado State Highway 392 interchange. Scope of the Assignment City of Fort Collins and Town of Windsor officials have committed to fund approximately $2.3 million as their share of the proposed interchange construction costs and an additional $250,000 for interchange enhancements. This study is to determine a fair and equitable manner for the two municipalities to assess property owners and be reimbursed based on the estimated influence the project is to have on the value of those properties in proximity to the project. The study involves making a determination of which properties within the City of Fort Collins and the Town of Windsor growth management areas in proximity to the Interstate 25 and Colorado State Highway 392 interchange are EXHIBIT B to the Amended IGA Mr. Rick Richter and John P. Frey, Esq. Page 2 October 3, 2012 being benefitted from the proposed interchange improvements and to what extent the properties are enhanced by the proposed access enhancements. The properties within the two growth management areas in proximity to the interchange were studied to formulate an opinion as to the extent they are estimated to benefit from the proposed interchange improvements. The areas of influence are reduced typically based on the diminished proximity to the interchange. The conclusion was reached that when confined to properties within both communities' growth management areas, the sites within the corridor activity center (CAC) boundary were those deemed to possess the most influence from the interchange improvements. The initial focus of my investigation was to study the influences on land value in proximity to newly developed interstate highway interchanges. The four interchanges that had the most significant and relevant data were in the Denver Metropolitan area. The two interchanges where the most significant data were found included the recently constructed Interstate 25 and 144th Avenue interchange and the Interstate 25 and 136th Avenue interchange. Data in proximity to the E-470 and East Smoky Hill Road interchange and the E-470 and the South Gartrell Road interchange were also studied. These data were then utilized to estimate the extent to which the land around this interchange would increase in value after the interchange improvements are made. Based on the data gathered at the four interchanges mentioned, it was concluded that there are four areas of influence, which I have labeled Value Enhancement Zones A through D. On the attached I25 - State Highway 392 Interchange Value Enhancement Zones map, Zones A and A-1 are highlighted in red, Zones B and B-1 are in orange, Zone C is shown in pale green, and Zone D is highlighted in darker green. Zones A and A-1 feature the best proximity to the interchange and, in my opinion, will benefit the greatest from the interchange improvements. Zone A consists of commercially-zoned land. Zone A-1 consists of commercial lots on the east side of Interstate 25 straddling Colorado State Highway 392. Based on the investigation of data surrounding the four interchanges discussed above, Zone A prices increased from the period before the interchanges were constructed to the period after the interchanges were nearing completion on the average of $7.00 to $7.50 per square foot. Mr. Rick Richter and John P. Frey, Esq. Page 3 October 3, 2012 Zones B and B-1 are slightly farther removed from the interchange, but still possess strong influence for potential commercial uses. Zone B consists strictly of vacant commercially-zoned land. The Zone B-1 parcel consists of a commercial site on the west side of Interstate 25 north of Colorado State Highway 392 that has been significantly improved with buildings. Zone B prices increased from the period before the interchanges were constructed to the period after the inter- changes were nearing completion on the average of $4.50 to $4.75 per square foot. Zone C is farther removed from the interchange, and the data at the interchanges studied suggest that these sites are influenced by interstate frontage and benefit from good accessibility. Zone C prices increased from the period before the interchanges were constructed to the period after the interchanges were nearing completion on the average of $3.50 to $4.00 per square foot. Zone D is yet farther removed from the interchange, and the data at the interchanges studied suggest that these sites are also influenced by interstate frontage and benefit from good accessibility due to the interchange improvements. Zone D prices increased from the period before the interchanges were constructed to the period after the interchanges were nearing completion on the average of $2.00 to $2.25 per square foot. The preceding data are generated from newly developed interchanges where none previously existed. The value increases at the Interstate 25 and Colorado State Highway 392 interchange are not expected to be quite as dramatic. Value Enhancement Fee Estimates Each property within the four primary zones discussed above is shown in the attached Value Enhancement Zone Analysis spreadsheet and is identified by Larimer County assessor's parcel number and ownership as indicated in county records. The gross land area has been calculated using the best available information; and the non-developable areas have been calculated using City of Fort Collins Geographical Information System (GIS) data, which then results in a developable land area calculation per square foot. The value enhancement fees will be assessed based on developable land area per square foot at the time the sites are developed or when the sites are redeveloped. Mr. Rick Richter and John P. Frey, Esq. Page 4 October 3, 2012 At the newly constructed interchanges studied, the Zone A prices increased on the average of $7.00 to $7.50 per square foot. Since no interchanges existed before, these average increases are greater than what would be expected at Interstate 25 and Colorado State Highway 392 when the interchange improvements are completed since that interchange already exists. Using 25 to 50 percent of the $7.00 to $7.50 per square foot estimated value after the interchange improvements are made results in a forecast increase from $1.88 to $3.75 per square foot for Zones A and A-1. There are 1,576,345 square feet of developable land area in Zones A and A-1. It is forecast that value increases in Zone A category will be from just over $2.9 million to nearly $6 million. In Zones B and B-1 prices increased on the average of $4.50 to $4.75 per square foot at the interchanges studied. Again, since an interchange already exists at Interstate 25 and Colorado State Highway 392, the increase is not expected to be as great. If a range of 25 to 50 percent is utilized again, it results in a forecast increase from $1.16 to $2.32 per square foot within Zones B and B-1. There are 4,333,889 square feet of developable land area in Zones B and B-1. It is forecast that value increases in Zones B and B-1 will be from $5.0 to nearly $10.1 million. Land prices in Zone C at the interchanges studied increased on the average of $3.50 to $4.00 per square foot due to the new interchange construction. Again, since the Interstate 25 and Colorado State Highway 392 interchange already exists, the increase is not expected to be as great. If a range in forecast value increases of 25 to 50 percent is utilized again, it results in a forecast increase from $0.94 to $1.88 per square foot within Zone C. There are 6,682,600 square feet of developable land area in Zone C. It is forecast that value increases in the Zone C category will be from $6.3 to nearly $12.6 million. At the interchanges studied, land prices in Zone D increased on the average of $2.00 to $2.25 per square foot as a result of the new interchange being constructed. As with the preceding zones analyzed, since the Interstate 25 and Colorado State Highway 392 interchange already exists, the increase is not expected to be as great. If a range in forecast value increases of 25 to 50 percent is utilized again, it results in a forecast increase from $0.53 to $1.06 per square foot within Zone D. There are 9,320,291 square feet of developable land area in Zone D. It is forecast that value increases in the Zone C category will be from $4.9 to nearly $9.9 million. Mr. Rick Richter and John P. Frey, Esq. Page 5 October 3, 2012 It is clear from the data gathered at the four interchanges studied that the improvements proposed at the Interstate 25 and Colorado State Highway 392 interchange will enhance property values within the CAC at a minimum of $19.1 million, which is greater than the $2.55 million being assessed. Exhibit A: I25 - State HWY 392 Interchange Map Exhibit B: Value Enhancement Zone Analysis spreadsheet Exhibit C: Qualifications of W. West Foster Exhibit D: Certification E C ounty Road 32 S County Road 5 E C ounty Road 30 !"`$ !"`$ ôZYXW ôZYXW F o s s i l C r e e k R e s e r v o i r 0 0.1 0.2 0.3 0.4 0.5Miles © I25 - State Value HWY Enhancement 392 Interchange Zones Value Zone Enhancement A Zone Zone B C Zone No Use D Areas Boundaries CAC Fort Windsor Collins GMA GMA Parcels Wetlands Proposed Interchange Interchange Footprint Redesign Right of Way Changes CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: August 10, 2011 GROSS NON-DEV DEVELOPABLE TOTAL TOTAL PROXIMITY OWNER LAND AREA LAND AREA LAND AREA FEE/SF FEES COMPONENT OF FEE REMARKS ZONE A 86150-00-007 INTERSTATE LAND HOLDINGS, LLC 645,519 347,609 297,910 $0.28 $82,892 $41,446 NWQ of I-25 and SH 392 Interchange 86154-05-001 WINDSOR INVESTMENTS LTD 73,410 0 73,410 $0.28 $20,426 $10,213 Ptarmigan Business Park Developed Lot 86154-05-002 WINDSOR INVESTMENTS LTD 73,324 0 73,324 $0.28 $20,402 $10,201 Ptarmigan Business Park Developed Lot 86154-07-001 BANK OF CHOICE 55,889 0 55,889 $0.28 $15,551 $7,775 Ptarmigan Business Park Developed Lot 86154-07-002 WINDSOR INVESTMENTS LTD 74,479 0 74,479 $0.28 $20,723 $10,362 Ptarmigan Business Park Developed Lot 86154-05-007 BUSINESS PARK I OF 392 49,185 0 49,185 $0.28 $13,686 $6,843 Ptarmigan Business Park Developed Lot 86220-00-014 VPD392/PRATO, LLC 186,550 0 186,550 $0.28 $51,907 $25,953 Prime SW Quadrant of I-25 and SH 392 ZONE A-1 86154-05-003 KHUONG HUONG TANG, et al 26,196 0 26,196 $0.28 $7,289 $3,644 Ptarmigan Business Park Developed and Improved Lot 86154-05-004 WESTGATE PARTNERS LLC 36,568 0 36,568 $0.28 $10,175 $5,087 Ptarmigan Business Park Developed and Improved Lot 86154-05-006 WESTGATE PARTNERS LLC 60,807 0 60,807 $0.28 $16,919 $8,460 Ptarmigan Business Park Developed and Improved Lot 86221-45-002 MICHAEL I. MAXWELL, et al 55,178 0 55,178 $0.28 $15,353 $7,677 Westgate Commercial Center Developed and Improved Lot 86221-45-001 THE BAILEY COMPANY 43,963 0 43,963 $0.28 $12,233 $6,116 Westgate Commercial Center Developed and Improved Lot 86221-43-001 SCHRADER PROPERTIES, LLC 66,211 0 66,211 $0.28 $18,423 $9,211 Westgate Commercial Center Developed and Improved Lot 86221-43-002 TACO JOHNS INTERNATIONAL INC 49,223 0 49,223 $0.28 $13,696 $6,848 Westgate Commercial Center Developed and Improved Lot 86221-45-003 FORMER TCE, LLC 100,887 0 100,887 $0.28 $28,071 $14,036 Westgate Commercial Center Developed and Improved Lot 86221-45-004 WESTGATE HOSPITALITY LLC 96,118 0 96,118 $0.28 $26,744 $13,372 Westgate Commercial Center Developed and Improved Lot 86221-47-001 MEYERS 4701 LLC 152,444 0 152,444 $0.28 $42,417 $21,208 Westgate Commercial Center Developed and Improved Lot 86221-43-003 KINDERCARE LEARNING CENTERS 78,003 0 78,003 $0.28 $21,704 $10,852 Westgate Commercial Center Developed and Improved Lot ZONE B 86154-06-001 WINDSOR INVESTMENTS LTD 772,886 21,283 751,603 $0.21 $156,848 $78,424 I-25 Frontage in NEQ of interchange 86150-00-014 YEAGER, NANCY L TRUSTEE 786,783 53,648 733,135 $0.21 $152,994 $76,497 North side of SH 392 east of Bus. Park 86154-08-001 WINDSOR INVESTMENTS LTD 653,873 242,410 411,463 $0.21 $85,866 $42,933 East of Frontage Rd. N. of SH 392 86222-47-701&2 LODGEPOLE INVESTMENTS, LLC 578,912 0 578,912 $0.21 $120,810 $60,405 West of Frontage Rd. S. of SH 393 86221-47-002 POUDRE VALLEY HEALTH CARE INC 995,327 85,593 909,734 $0.21 $189,847 $94,924 Frontage on east side of I-25 S. Of SH 392 86220-00-003 POUDRE VALLEY HEALTH CARE INC 1,324,499 711,956 612,543 $0.21 $127,828 $63,914 Frontage on east side of I-25 S. Of SH 392 ZONE B - 1 86150-00-009 B3 VENTURES LLC 407,722 71,223 336,499 $0.21 $70,222 $35,111 I-25 Frontage N of SH 392 in NWQ of interchange ZONE C 86150-00-005 FOSSIL POINT, LLC 1,026,879 71,728 955,151 $0.12 $110,736 $55,368 Frontage on west side of I-25 N. Of SH 392 86150-00-013 BURNETTE/YOUNG INVESTMENTS 939,698 352,269 587,429 $0.12 $68,104 $34,052 Frontage on east side of I-25 N. Of SH 392 86154-06-003 WINDSOR INVESTMENTS LTD 126,260 85,128 41,132 $0.12 $4,769 $2,384 East of I-25 and North of SH 392 86154-06-004 WINDSOR INVESTMENTS LTD 317,882 15,897 301,985 $0.12 $35,011 $17,505 East of I-25 and North of SH 392 86154-06-005 WINDSOR INVESTMENTS LTD 291,695 0 291,695 $0.12 $33,818 $16,909 East of I-25 and North of SH 392 86154-06-006 WINDSOR INVESTMENTS LTD 37,858 0 37,858 $0.12 $4,389 $2,195 East of I-25 and North of SH 392 86150-00-017 JBT ASSOCIATES, LLC 1,767,708 236,095 1,531,613 $0.12 $177,569 $88,784 West Side of LC Road 5 N. of SH 392 86220-00-014 VPD392/PRATO, LLC 1,041,071 444,571 596,500 $0.12 $69,156 $34,578 South of SH 392; West of Wetlands 86222-47-701 LODGEPOLE INVESTMENTS, LLC 244,668 163,264 81,404 $0.12 $9,438 $4,719 West of Frontage Rd. S. of SH 393; West of wetlands 86222-47-702 LODGEPOLE INVESTMENTS, LLC 903,159 221,691 681,468 $0.12 $79,006 $39,503 West of Frontage Rd. S. of SH 393; West of wetlands 86220-00-017 VAN CLEAVE, TERRY/MARY 1,708,402 132,037 1,576,365 $0.12 $182,757 $91,379 Farther South of SH 392 West of I-25 ZONE D 86220-00-004 WINDSOR GOLD COAST LLC 2,544,953 224,297 2,320,656 $0.05 $107,619 $53,809 Farther South of SH 392 on east side of I-25 86150-00-021 HORTON, MARY A/ET AL 1,555,303 501,653 1,053,650 $0.05 $48,862 $24,431 Farther North of SH 392 on east side of I-25 86100-00-016 HORTON, MARY A/ET AL 1,030,219 419,817 610,402 $0.05 $28,307 $14,153 Farther North of SH 392 on east side of I-25 86100-00-011 THREE T INVESTMENTS LLLP 1,045,838 486,358 559,480 $0.05 $25,945 $12,973 Farther North of SH 392 on east side of I-25 86150-00-001 THREE T INVESTMENTS LLLP 1,444,331 381,052 1,063,279 $0.05 $49,309 $24,654 Farther North of SH 392 on east side of I-25 86100-00-002 THREE T INVESTMENTS LLLP 94,626 69,233 25,393 $0.05 $1,178 $589 Farther North of SH 392 on east side of I-25 86100-00-015 HORTON FEEDLOTS INC 1,625,207 469,646 1,155,561 $0.05 $53,588 $26,794 Farther North of SH 392 east of I-25 to LC Road 5 86150-00-020 HORTON FEEDLOTS INC 3,452,929 921,059 2,531,870 $0.05 $117,414 $58,707 Farther North of SH 392 east of I-25 to LC Road 5 21,913,125 $2,550,000 $216,111 ATTACHMENT ONE - VALUE ENHANCEMENT ZONE ANALYSIS September 2012 Foster Valuation Company LLC QUALIFICATIONS OF W. WEST FOSTER Education M.S. Degree in Regional Economics, Colorado State University. B.S. Degree in General Business, Colorado State University. All of the basic courses required for the MAI designation given by the American Institute of Real Estate Appraisers; Course III (Rural Properties); Course IV (Litigation Valuation); Course VI (Real Estate Investment Analysis); Course VII (Industrial Valuation); Course 520 (Highest and Best Use and Market Analysis); Course 550 (Advanced Applications); and all Litigation courses offered in the Professional Development Program. This partial list of courses was all given by the Appraisal Institute or its predecessor organizations. Principles of Real Estate Engineering, The Appraisal of Partial Acquisitions, and several relocation courses, given by the International Right of Way Association. Management and Leasing of Shopping Centers, by the Institute of Real Estate Management. Advanced Ranch Appraisal, by the American Society of Farm Managers and Rural Appraisers. Seminars: Computer-Enhanced Cash Flow Modeling, Subdivision Appraisal, Uniform Appraisal Standards for Federal Land Acquisitions, plus numerous real estate seminars given by the American Institute of Real Estate Appraisers and later by the Appraisal Institute. Memberships and Designations Appraisal Institute: Designated Member (MAI) 1982 to 1986 - National Division of Curriculum 1986 to 1987 - National committee to write The Appraisal of Real Estate, 9th Edition 1987 to 1991 - Board of Examiners, General Demonstration Appraisal Reports 1987 to 1994 - Regional Member, Review and Counseling Division 1991 to 1994 - Regional Representative, Region II 1992 to 2008 - Contributor to The Appraisal of Real Estate, 10th through 13th Editions 1995 - National Vice Chair, Review and Counseling Division 1995 - Vice Chair, Region II and National Board of Directors 1996 to 1997 - Chair, Region II and National Board of Directors 1996 - National Chair, Ethics Administration Division 1997 to 2008 - National Chair, Professional Ethics and Counseling Committee American Society of Real Estate Counselors: Counselor of Real Estate (CRE) 1994 - Vice Chair, Colorado Chapter 1995 - Chair, Colorado Chapter International Right of Way Association: Senior Right of Way Professional (SR/WA) Northern Colorado Commercial Association of Realtors Certified General Real Estate Appraiser: State of Colorado, #CG00001795 Professional Experience Foster Valuation Company: Fee Appraiser, April 1981 to present, specializing in valuation and counseling with respect to a variety of nonresidential properties. Robert J. Mitchell, MAI, & Associates: Fee Appraiser, March 1976 to March 1981, specializing in rural and income property valuation. Qualified in District and Federal Courts as an Expert Valuation Witness. CERTIFICATION I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. 3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. 4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal consulting assignment. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. I have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 12. As of the date of this appraisal consulting report, I have completed the requirements of the continuing education program of the Appraisal Institute. I estimate the reimbursement amounts to be based as shown on the attached Value Enhancement Zone Analysis, as of October 3, 2012, to be as shown in the attached: