HomeMy WebLinkAboutMINUTES-04/20/1999-RegularApril 20,1999
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:05 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 20, 1999,
at 6:05 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and
Weitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, spoke regarding concerns about high rents for Harmony Mobile Home
Park residents, suggested rent control, and requested that he be notified regarding the solution.
John Meleski, 2619 Featherstar Way, spoke regarding transportation tax concerns and suggested
forming a committee reporting to Council to look at the budget and find dollars for traffic
signalization. He also spoke regarding affordable housing concerns and suggested forming a
committee reporting to Council to look at affordable housing issues.
Brian Holtgren, Friends Interested in Dogs in Open Spaces (FIDOS) organization, spoke regarding
the group's goal to walk dogs in designated open spaces off -leash within voice and sight control and
asked that Council direct staff to put together a round table discussion on the issue.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of City Plan and stated that inaccurate
statements were made regarding City Plan during some election campaigns. He also spoke regarding
the impact on wildlife if dogs were to be allowed off leash in natural areas.
Citizen Participation Follow-up
Councilmember Byrne spoke regarding lessons learned from the failed transportation tax and looking
at traffic signalization during deliberations on the budget. He stated that there is a need for a
balanced transportation system and supported continuing to look at transit improvements. He spoke
regarding looking factually at any unintended consequences of City Plan.
Councilmember Mason stated that the Harmony Mobile Home Park community is looking for
another piece of land and is considering applying for CDBG funds to help refinance the relocation
of the mobile home park. He suggested that the Affordable Housing Board review the situation. He
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noted that the transportation tax was framed by the Transportation Funding Advisory Committee
(TFAC) rather than administration. He noted that a dog park has been formed in a natural area to
meet needs of a special user group interested in running dogs off leash.
Councilmember Wanner spoke regarding housing costs and development standards. He noted that
the Harmony Mobile Home Park owner has already met with the Affordable Housing Board. He
expressed a concern regarding the impact of dogs off leash in natural areas and suggested continuing
the discussion with the user groups.
Councilmember Bertschy noted that his points regarding the Harmony Mobile Home Park have
already been covered. He spoke regarding an incident that happened last year with dogs illegally off
leash in a natural area. He stated that the issue merits further discussion and that there are
ramifications that would need to be looked at further.
Councilmember Weitkunat supported allowing an opportunity for discussion of the issue of dogs in
natural areas and parks.
Mayor Martinez spoke regarding the Harmony Mobile Home Park situation. He supported a
continuing dialogue on the issue of dogs in natural areas and parks.
Agenda Review
City Manager Fischbach stated that item #25 Items Relating to the Keating First Annexation and
Zoning and item #26 Items Relating to the Keating Second Annexation and Zoning have been
withdrawn from the Consent Calendar for discussion at the end of the agenda.
CONSENT CALENDAR
Second Reading of Ordinance No. 43, 1999, Appropriating Unanticipated Revenue in the
General Fund for Fort Collins Build A Generation.
For the past four years, Fort Collins Build A Generation has applied for grant money from
the Division of Criminal Justice. Fort Collins Build A Generation is part of a state-wide
initiative designed to reduce youth violence, delinquency, school drop -out, pregnancy and
substance abuse. Ordinance No. 43, 1999, was unanimously adopted on First Reading on
March 16, 1999 and appropriates unanticipated revenue for Build A Generation.
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Second Reading of Ordinance No. 44, 1999, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Street Oversizing Fund and Authorizing the Transfer of
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the South
Timberline Road Improvement Project.
Ordinance No. 44,1999, was unanimously adopted on First Reading on March 16, 1999 and
appropriates funds into the Capital Projects fund to construct arterial roadway improvements
for the Timberline Road at Willow Springs Improvement Project.
9. Second Reading of OrdinanceNo.45.1999. Appropriating Unanticipated Revenue andPrior
Year Reserves in the Transportation Services Fund for the Metropolitan Planning
Organization and Smarttrips Transportation Demand Management Programs.
Ordinance No. 45,1999, was unanimously adopted on First Reading on March 17,1999 and
appropriates unanticipated revenue and prior year reserves for the Metropolitan Planning
Organization and Smarttrips Transportation Demand Management Programs.
10. Second Reading of Ordinance No. 46, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Crimes Against Persons/Victim Services Units.
This grant is awarded to agencies to assist in the enhancement of services to women who are
victims of crime. Detectives will be able to attend training on areas such as homicide,
domestic violence and sexual assault, which will strengthen investigative skills as well as
provide exceptional services to victims of crime. Victim Advocates will attend training that
will strengthen skills in advocacy, crisis intervention, and provide specialized training in
trauma specific to crimes such as homicide, domestic violence and sexual assault. Ordinance
No. 46, 1999 was unanimously adopted on First Reading on March 16, 1999.
11. Second Reading of Ordinance No. 47, 1999, Amending Section 21-87 of the City Code and
Article XI of the General Employees Retirement Plan Concerning Membership in the
General Employees Retirement Committee.
Ordinance No. 47, 1999, which was unanimously adopted on First Reading on March 16,
1999 adds one position on the Committee to be filled by a retired member of the Plan. This
Ordinance also amends both the City Code provisions and the Plan.
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12. Second Reading of Ordinance No. 48, 1999, Authorizing the City to Grant a Non -Exclusive
Easement Across Meadow Springs Ranch to Williams Communications, Inc. for Installation
and Maintenance of Fiber Optic Cable.
In 1980, the Cities Service Gas Company acquired a 50-foot wide easement across a portion
of the Meadow Springs Ranch near the Colorado/Wyoming border, for installation of a
natural gas pipeline. Williams Communications, Inc. has requested another easement within
these boundaries, but subject to the existing pipeline easement, for the installation and
maintenance of fiber optic cable to be used for telephone digital data transmission and
Internet services. Ordinance No. 48, 1999 was unanimously adopted on First Reading on
March 16, 1999 authorizing a non-exclusive easement to Williams Communications, hic.
13. First Reading of Ordinance No. 35, 1999, Appropriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for
Improvements Relating to the Southwest Community
By adopting this Ordinance, $570,000 worth of improvements will be made to the Southwest
Community Park. Staff does not intend to fully develop this park for several years. These
improvements are being constructed now because of Cottonwood Glen Neighborhood Park,
which will be built this year.
Cottonwood Glen Neighborhood Park will serve the residents in the mile bounded by Taft
Hill Road on the east, Drake Road on the north and Horsetooth Road on the south. This day -
use park will contain a restroom, shelter, playground, multi -use pad, parking lot, ballfield,
soccer field, open space, sidewalks, irrigation pond, and landscaping. Neighborhood
Parkland Fees fund the construction budget for the park.
14. First Reading of Ordinance No. 50, 1999, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously Appropriated in the Police Services Operating Budget to the Grant Project.
Fort Collins Police Services has been awarded a grant under the U. S. Department of Justice,
Local Law Enforcement Block Grant program (LLEBG) in the amount of $87,695 for the
procurement of equipment and technology related to basic law enforcement functions. A
local cash match of $9,744 is required and will be met bythe existing Police Services budget.
15. First Reading of Ordinance No. 51, 1999, Appropriating Prior Year Reserves in the General
Fund for a Rebate of Development Fees to Advanced Energy Industries, Inc.
On July 18, 1995, Council adopted Ordinance No. 102, 1995 approving and authorizing the
rebate of development fees associated with the construction of a 55,000 square foot
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manufacturing facility for Advanced Energies, Inc. Fees were estimated to be $61,701.
Council approved a rebate not to exceed $135,000.
On October 20,1998, Council adopted Ordinance No.189,1998 which amended Ordinance
102, 1995 to exclude the rebate of building permit and plan review fees, and to reduce the
total maximum rebate payment to Advanced Energy. Section 5-326 of the City Code
specifically limited the rebate of fees to impact fees and should not have included building
permit or plan check fees.
16. First Reading of Ordinance No. 52, 1999, Appropriating Prior Year Reserves in the Water
Fund for the Purchase of Water Rights and Water Storage Capacity.
Utilities staff and Natural Resources Department staff have been negotiating with H.W.
Rogers and Associates for the possible acquisition of land, several gravel pits, and water
rights along the Poudre River between Shields Street and Overland Trail. If purchased, the
development and use of the area would be a joint effort by Utilities and the Natural
Resources Department. The gravel pits would be developed into local storage ponds to help
regulate the City's raw water supplies. The land would also serve as open space or natural
areas along the river. The purpose of the Ordinance is to appropriate funds from the Water
Fund in order to have sufficient appropriations to make a firm offer for the purchase. The
actual purchase is subject to a first right of refusal by a third party.
17. First Reading of Ordinance No. 53, 1999, Authorizing the Transfer of Existing
Appropriations in the Storm Drainage Fund.
In October, 1998, the Council authorized a city-wide approach to financing capital
improvements of the Stormwater Utility. This approach allowed staff and the Water Board
to proceed with implementing a 15-year plan to prioritize and construct needed
improvements in the City's storm drainage system.
hi March, 1999, the Council amended the Storm Drainage Design Criteria and Construction
Standards by revising the Rainfall Intensity Duration Curve Graph. A key element of the
revision was to give the Utilities General Manager the authority to enhance drainage basin
master plans to provide for additional flood protection.
In order to revise and update Storm Drainage Basin Master Plans in the various basins and
to reprioritize various projects within the Storm Drainage Fund, a transfer of existing
appropriations is needed. The purposes for which the original appropriations were needed
no longer exist. Capital projects that are deemed a priority and have adequate appropriations
are not affected. The following transfers are being recommended:
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18. First Reading of Ordinance No. 54, 1999, Authorizing a Ground Lease Agreement of City -
Owned Property on a Portion of Block 275, Subdivision of the West Side Addition to the
City of Fort Collins, According to the Golding Dwvre Subdivision Plat.
In November 1998, the City of Fort Collins purchased approximately 1.7 acres abutting the
Utility Service Center site from Burlington Northern & Santa Fe Railway Company to help
facilitate the Utility Service Center Master Development Plan. The original Burlington
Northern & Santa Fe Real Estate Purchase and Sale Agreement stated that no leases existed
on the property. However, shortly after the purchase of the property by the City, a garage
encroachment lease between the railway company and the tenant of 525 North Whitcomb
was provided to the City by Catellus Management Corporation (property management for
BNSF Railway Company). This lease was originally entered into in April 1995. The tenant
who signed the lease no longer resides at that address. Therefore, a new ground lease
agreement has been agreed upon between the City and Mr. John C. Fischer, the current
owner of 525 North Whitcomb. Until the Utility Service Center Master Plan has been
established, this lease agreement will continue on a yearly basis with a 30-day cancellation
clause.
19. First Reading of Ordinance No. 55, 1999, Authorizing the Sale of Lot 5, Clarendon Hills
Fifth Filing and Appropriating Unanticipated Revenue in the Conservation Trust Fund.
The City purchased Lot 5 of Clarendon Hills Fifth Filing in 1992 with the intention of
placing a trail- head parking lot at this location. Lot 5 is located in the northeast comer of
the intersection of South Shields Street and Fossil Creek Drive. The City's subsequent
purchase of the Cathy Fromme Prairie to the west of Shields Street resulted in the placement
of a parking lot on the Prairie across from Lot 5. As a result, there is no longer a need to use
Lot 5 for trailhead parking.
Staff has checked with other City departments and there was no interest in this lot for other
City purposes. The Purchasing Department distributed a standard invitation to bid and
received one bid for $62,000. Research of comparable lot sales by Land Management Staff
and consultation with the Realtor who marketed the Clarendon Hills Subdivision confirm
that the bid is reasonable. Adoption of this Ordinance will authorize the City to sell the lot
to Gary and Susan Murphey, the bidders for the property, for $62,000.
20. First Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and
Timberline Roads.
In 1970, the Light and Power Utility acquired the land for the Timberline Substation. The
Utility now desires to sell a 3.726-acre portion of that site. The parcel is not needed for
Utility purposes. However, 2.3 acres of this site is potentially developable. It is located on
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the south side of East Prospect Road east of Timberline Road between the Union Pacific and
Burlington Northern Santa Fe Railroad tracks and bordered on the south by Spring Creek.
After offering this property to other City departments and the Housing Authority, Purchasing
issued an invitation to bid on the property. Two unacceptable bids were received in July
1998. In March 1999, Purchasing received an acceptable contract from Anchor Development
Corporation in the amount of $173,400. This is the current estimated value of the property,
based on comparable land sales in the area, as determined bythe City's Right -of -Way Office.
Approval of this Ordinance would authorize the Mayor to execute a deed conveying this
property, subject to utility and trail casements, and to execute such other related documents
as needed to convey the property to Anchor Development Corporation.
21. First Reading of Ordinance No. 57, 1999, Authorizing the Mavor to Execute a Deed of
Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as
Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Turn
Lane at the Prospect/Lemay Intersection.
The City purchased 945 East Prospect for $41,000 in late 1991 as part of the Prospect/Lemay
Intersection Project. The project was completed with the exception of the southwest corner
due to the high cost of relocating the Texaco gas station on the comer. The decision was
made to delay construction of this comer until it redeveloped, thus lowering the construction
costs for the right turn lane. This decision has proven advantageous, as Rite Aid is now
proposing to redevelop the southwest comer where the Texaco Station is located. Staff has
negotiated an agreement under which the City would convey 945 East Prospect, and would
in return receive the appropriate right-of-way for the turn lane, and a payment of $89,000,
which is the difference between the value of the respective properties. As part of the
development process, the developer will be responsible for dedicating additional right-of-
way and for making street improvements in relation to its project.
Approval of this Ordinance would authorize the Mayor to execute a Deed of Conveyance for
the sale of this property in exchange for the right turn lane right-of-way and $89,000. The
City will use the $89,000 to construct a right turn lane at the southwest corner of the
Prospect/Lemay intersection.
22. First Reading of Ordinance No. 58, 1999, Authorizingthe City of Fort Collins to Grant an
Easement Across Meadow Springs Ranch to Wyoming Interstate Company.
Wyoming Interstate Company proposes to build a new gas pipeline (Medicine Bow Lateral)
and compression facilities to increase the transportation capacity of its current system in
Colorado and Wyoming. A portion of this proposed pipeline crosses City -owned Meadow
Springs Ranch. This project has been determined to be in the public interest and has been
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approved by the Federal Energy Regulatory Commission. The Company's offer is consistent
with those made to adjacent landowners.
23. First Reading of Ordinance No. 59, 1999, Amending Chanter 26, Article VL Division 4 of
the City Code Regarding Sale of Energy Generated from a Renewable Resource.
Each electric rate schedule contains a "Renewable resource" clause which permits the Utility
to sell wind energy at a premium price in accordance with a special services agreement
between the Utility and the customer. The clause, adopted in November 1996, sets the
premium at an additional two cents per kilowatt-hour. This Ordinance revises each
"Renewable resource" clause to eliminate the specific premium amount. If approved, the
premium amount will be based on the Utility's cost of providing wind energy and will be
specified in the special services agreement. The cost of providing wind energy is now
estimated at a premium of 2.5 cents per kilowatt-hour. The Ordinance also contains a
housekeeping change to the "Special services" clause of each rate schedule to clarify that
rates, fees and charges set through special services agreements must satisfy the applicable
cost -of -service criteria required to be followed by the Charter for setting such rates, fees and
charges.
24. First Reading of Ordinance No. 60, 1999, Vacating a Portion of the Right -of -Way for
Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision.
This Ordinance vacates a portion of the street right-of-way for Mitchell Drive. The site was
originally platted as part of Lots 1 and 2 of Observatory Heights. Right-of-way was
dedicated for future expansion along Mitchell Drive at the intersection of East Horsetooth
Road to include both a left -turn lane and a right -turn lane. Because of the construction of the
landscaped median along East Horsetooth Road, a left -turn lane is no longer needed.
Therefore, not all of the street right-of-way that was originally dedicated with the
Observatory Heights plat is needed. Hence, a portion of the right-of-way is being proposed
for vacation with the Palmer Design Center development. As there are currently utilities in
place that cross this area, the street right-of-way will be retained as a utility easement.
25. Items Relating to the Keating First Annexation and Zoning,
A. Resolution 99-42 Setting Forth Findings of Fact and Determinations Regarding the
Keating First Annexation.
B. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating
First Annexation to the City of Fort Collins.
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C. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Keating First Annexation.
This is an annexation and zoning of approximately 11.27 acres in size, located north of
Trilby Road and west of Timberline Road. The property is undeveloped and is in the FAl
— Farming District in Larimer County. The recommended zoning is the LMN — Low -
Density Mixed Use Neighborhood. This is a 100% voluntary annexation.
APPLICANT: Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 80524
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536
26. Items Relating to the Keating Second Annexation and Zoning_
A. Resolution 99-43 Setting Forth Findings of Fact and Determinations Regarding the
Keating Second Annexation.
B. First Reading of Ordinance No. 63, 1999, Annexing Property Known as the Keating
Second Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Keating Second Annexation.
This is an annexation and zoning of approximately 26.43 acres in size, located north of
Trilby Road and west of Timberline Road. The property is undeveloped and is in the FAl
—Farming District in Larimer County. The recommended zoning is the LMN— Low -Density
Mixed Use Neighborhood. This is a 100% voluntary annexation.
APPLICANT: Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 0524
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
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Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536
27. Items Relating to an Exemption for Housing Authorities from the City's Requirement of
Land Dedication or Payments of hi -Lieu Fee for School Site Purposes.
A. Resolution 99-44 Approving an Addendum to Two Intergovernmental Agreements
Concerning Land Dedications or In -Lieu Fees for School Site Purposes.
B. First Reading of Ordinance No. 65, 1999, Amending Resolution 96-73 and
Amending Chapter 7.5, Article III of the City Code, so as to Exempt Any Housing
Authority Established Pursuant to State Statute from the City's Requirement to
Dedicate Land for School Site Purposes or Pay a Fee in Lieu of Such Dedication.
Colorado law exempts projects of housing authorities from the payment of any fees and
taxes. Historically, the City of Fort Collins has enumerated, by resolution, the fees from
which the Housing Authority is exempt. In April of 1998, the Council enacted, pursuant to
intergovernmental agreements with the Poudre School District and the Thompson R24
School District, a requirement that the developers of all new residential development in the
City dedicate school sites or pay a fee in lieu of such dedication. The purpose of the
Resolution and Ordinance is to exempt the projects of any Housing Authority from these
requirements. The Ordinance would also reiterate the list of fees from which the Housing
Authority is exempt and add the fee in lieu of school site dedication.
28. Resolution 99-45 Adopting Amendments to the Financial Management Policies.
The amendments adopted by this Resolution will become part of the Financial Management
Policies of the City. The policies will remain in effect until they are subsequently amended
or repealed by Council action.
29. Resolution 99-46 Setting Forth the Principles for Budget Planning.
It is the responsibility of City Council to adopt a budget plan that allocates limited resources
to meet the service needs of the community as efficiently and effectively as possible. The
allocation and management of those limited resources is a basic tenet for development of the
City's budget. This Resolution, as recommended by the Council Finance Committee and
staff, sets forth certain principles to aid in the planning of the allocation of resources to
efficiently and effectively meet the wants and needs of the community and to serve as a
foundation for budget development.
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30. Resolution 99-47 Approving Expenditures from the Art in Public Places Reserve Account
in the Cultural Services and Facilities Fund for the Commission of an Artist Designed
Terrazzo Floor, Stair Treads and Landings for the Civic Center Parking Structure Main
Pedestrian Tower.
In connection with the Civic Center Parking Structure project, staff and the Art in Public
Places ("APP") Board have proposed to use $51,844 for artist design fees, project
contingency, and to create and install the terrazzo floors, stair treads and landings. The City
will contract with the building contractor, Hensel Phelps Construction to install the work and
the artist, David Griggs, to oversee the installation.
The rustic terrazzo floor will incorporate designs of various modes of transportation, which
will differ from floor to floor. Represented will be tracks left by a bicycle, car and a train.
Included in the design are animal tracks, which will represent playful additions to the
transportation tracks and will lead the pedestrian traffic up the staircases to the next floor.
David Griggs was the APP Design Consultant on the project who worked as part of the
parking structure design team. The APP Board members reviewed artful opportunities for
the parking structure and focused David Griggs on creating designs for terrazzo floors on the
second, third and fourth floors for the main pedestrian tower of the parking structure. The
APP Board members voted unanimously at the January 20, 1999, Board meeting to proceed
with the terrazzo floor art. The APP Board is currently reviewing additional art opportunities
for the Civic Center project that include the public right of way, City Administration
Building and Transit Center.
31. Resolution 99-48 Making Appointments to the Citizen Review Board.
A vacancy exists on the Citizen Review Board due to the resignation of Rudy Maes who was
appointed to the Citizen Review Board on February 16, 1999. At the time of his
appointment, Mr. Maes was currently serving on the Library Board and has since determined
that he would prefer to remain on the Library Board.
Another vacancy currently exists on the Citizen Review Board due to the resignation of Eric
Olson who moved outside the Urban Growth Area.
The interview team reviewed the applications on file. City Manager John Fischbach and
Councilmembers Chuck Wanner and Bill Bertschy are recommending Don Colby and Sam
Blanco to fill the current vacancies with terms to begin immediately and to expire on June
30, 2001 and June 30, 2002 respectively.
32. Routine Easements.
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A. Easement from Eldon F. Jensen to install oval electric vault, located at 700 Blevins
Court. Monetary consideration: $96.
B. Easement from Carlson's Investment and Management, Ltd. to install pad mount
transformer. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 43, 1999, Appropriating Unanticipated Revenue in the
General Fund for Fort Collins Build A Generation.
8. Second Reading of Ordinance No. 44, 1999, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Street Oversizing Fund and Authorizing the Transfer of
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the South
Timberline Road Improvement Project.
Second Reading of Ordinance No. 45,1999, Appropriating Unanticipated Revenue and Prior
Year Reserves in the Transportation Services Fund for the Metropolitan Planning
Organization and Smarttrips Transportation Demand Management Programs.
10. Second Reading of Ordinance No. 46, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Crimes Against PersonsNictim Services Units.
11. Second Reading of Ordinance No. 47, 1999, Amending Section 21-87 of the City Code and
Article XI of the General Employees Retirement Plan Concerning Membership in the
General Emplovees Retirement Committee.
12. Second Reading of Ordinance No. 48, 1999, Authorizing the City to Grant a Non -Exclusive
Easement Across Meadow Springs Ranch to Williams Communications, Inc. for Installation
and Maintenance of Fiber Optic Cable.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
13. First Reading of Ordinance No. 35, 1999, ADorooriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for
Improvements Relating to the Southwest Community Park.
14. First Reading of Ordinance No. 50, 1999, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously ppropriated in the Police Services Operating Budget to the Grant Project.
15. First Reading of Ordinance No. 51, 1999, Appropriating Prior Year Reserves in the General
Fund for a Rebate of Development Fees to Advanced Energy Industries, Inc.
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16. First Reading of Ordinance No. 52, 1999, Appropriating Prior Year Reserves in the Water
Fund for the Purchase of Water Rights and Water Storage Capacity.
17. First Reading of Ordinance No. 53, 1999, Authorizing the Transfer of Existing
Appropriations in the Storm Drainage Fund.
18. First Reading of Ordinance No. 54, 1999, Authorizing a Ground Lease Agreement of City -
Owned Property on a Portion of Block 275, Subdivision of the West Side Addition to the
City of Fort Collins, According to the Golding-Dwyre Subdivision Plat.
19. First Reading of Ordinance No. 55, 1999, Authorizing the Sale of Lot 5, Clarendon Hills
Fifth Filing, and Appropriating Unanticipated Revenue in the Conservation Trust Fund.
20. First Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and
Timberline Roads.
21. First Reading of Ordinance No. 57, 1999, Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as
Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Tum
Lane at the ProMect/Lemay Intersection.
22. First Reading of Ordinance No. 58, 1999, Authorizing the City of Fort Collins to Grant an
Easement Across Meadow Springs Ranch to Wyoming Interstate Company.
23. First Reading of Ordinance No. 59, 1999, Amending Chapter 26, Article VI, Division 4 of
the City Code Regarding Sale of Energy Generated from a Renewable Resource.
24. First Reading of Ordinance No. 60, 1999, Vacating a Portion of the Right -of -Way for
Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision.
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25. Items Relating to the Keatine First Annexation and Zoning.
A. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating
First Annexation to the City of Fort Collins.
B. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Keating First Annexation.
26. Items Relating to the Keating Second Annexation and Zoning_
A. First Reading of Ordinance No. 63, 1999, Annexing Property Known as the Keating
Second Annexation to the City of Fort Collins.
B. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Keating Second Annexation.
27. First Reading of Ordinance No. 65, 1999, Amending Resolution 96-73 and Amending
Chapter 7.5, Article III of the City Code, so as to Exempt Any Housing Authority Established
Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site
Purposes or Pay a Fee in Lieu of Such Dedication.
36. Items Relating to the Wykoff-Larimer First Annexation and Zoning.
A. First Reading of Ordinance No. 67,1999, Annexing Property Known as the Wykoff-
Larimer First Annexation to the City of Fort Collins.
B. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Wykoff-Larimer First Annexation.
37. Items Relating to the Wykoff-Larimer Second Annexation and Zoning.
A. First Reading of Ordinance No. 69, 1999, Annexing Property Known as the Wykoff-
Larimer Second Annexation to The City of Fort Collins.
B. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Wykoff-Larimer Second Annexation.
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April20, 1999
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and
approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Byrne spoke regarding the Resolution adopted regarding budget principles and the
delineation of basic services and quality of life services.
Items Relating to the
%koff-Larimer First Annexation and Zoning, Postponed
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 99-50 Setting Forth Findings of Fact and Determinations Regarding the Wykoff-
Larimer First Annexation.
B. First Reading of OrdinanceNo.67,1999,AnnexingPropertyKnownastheWykoff-Larimer
First Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer
First Annexation.
This is a request for the voluntary annexation of 6.69 acres of land located north of County Road
38E, west of Taft Hill Road. The site is currently zoned FAI — Farming in Larimer County. The
requested zoning is LMN-Low Density Mixed Use Neighborhood. This zoning requires an
amendment of the City Structure Plan from Rural Open Lands and River Corridor to Low Density
Mixed Use Residential. Neither staff nor the Planning and Zoning Board support the Structure Plan
Amendment. The recommended zoning is RF —Residential Foothills.
APPLICANT: Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
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April20, 1999
OWNERS: Rex W. and Amender F. Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
BACKGROUND:
The Wykoff-Larimer First Annexation is a voluntary annexation consisting of 6.69 acres. The
property is located north of County Road 38 E, approximately .75 miles west of Taft Hill Road. The
site is currently zoned FAI —Farming in Larimer County.
A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the
south was forwarded to the Board of County Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 116
contiguity with the existing City limits. The Wykoff-Larimer First Annexation complies with this
requirement. Thepropertyhas 728feetofitstotal boundary ofapproximately2,256feetcontiguous
to existing City limits. This exceeds the minimum 383 feet required to achieve Ile contiguity.
Contiguity to existing City limits is gained from the common boundary to the north which was
annexed to the City in July, 1987 as the Overland Hills Annexation.
The surrounding zoning and land uses are as follows
N: POL — City owned open space
E: FAI — Farming (County)
S. FAI —Farming (County), Proposed Wykoff-Larimer Second Annexation
W.• FAI — Farming (County)
Structure Plan Amendment
The requested zoning ofLMN— Low Density Mixed Use Neighborhood, is inconsistent with the City
Structure Plan designation for this site (Rural Open Lands and Stream Corridors). Before
considering the requested LAM zoning, a Structure Plan amendment to Low Density Mixed Use
Residential is required. The applicant has submitted application for the amendment which is
attached.
The subject property, as well as the proposed annexation to the south (which is designated Rural
Open Lands and Stream Corridors and Urban Estates) is near the western edge of the Urban
Growth Area. The applicant has submitted justification for the Plan amendment citing City Plan
Principles and Policies which focus on the concept of creating a compact development pattern
within the City and the benefit derived from that type of development. Specifically, the applicant has
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April20, 1999
referred to Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles
traveled, providing for a variety of housing types and densities, preservation of natural areas, new
neighborhoods and Low Density Mixed Residential next to open lands.
Neither the Planning and Zoning Board nor staff supports the request for a Structure Plan
amendment based on many of the same Principles and Policies supporting the retention of the Rural
Open lands and Stream Corridors designation on the subject property (as well as the Rural Open
Lands and Stream Corridors and Urban Estates to the south). These include:
HSG 1.1: The City will encourage a variety of housing types and densities
This Policy recognizes that there should be a variety of lot sizes, housing types and
residential densities. The provision of low density housing, which would implement the
Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge
of the City meets this requirement.
NOL 1.2: The City will conserve and integrate natural areas into the developed landscape
by directing development away from sensitive areas and using innovative planning, design
and management practices....
Retention ofthe existing Structure Plan designations and the implementation ofappropriate
zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the
conservation of the natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located
around a Medium Density Mixed -Use Neighborhood which has a Neighborhood Commercial
Center or Community Commercial District as its Core. This provides nearby access to most
things a resident or household needs on an everyday basis.
The subject property is located near the edge of the City and Urban Growth Area. While
there is a convenience commercial development at the corner of County Road 38E and Taft
Hill Road, the property is located approximately two road miles from the nearest designated
or developed Neighborhood Commercial area. This distance does not fit the description of
Low Density Mixed Use Residential areas being in close proximity to commercial
developments.
Zonin :
The property is currently zoned FAl —Farming in Larimer County. The requested zoning is LMN-
Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City
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April20, 1999
Structure Plan which designates theproperty Rural Open Lands and Stream (see attached Structure
Plan map).
There are two zoning districts which could implement the Structure Plan designation: UE-Urban
Estate and RF—Residential Foothills, especially when this annexation is considered together with
the proposed annexation to the south. Staff is recommending the RF zoning district.
The purpose of the RFzoning district is for low density residential areas located near the foothills.
In addition to the location of the property near the foothills, the presence of Spring Creek bisecting
the property subject to the combined annexations and the designation of the northern portion as
Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of
residential units while maintaining an overall low density. The minimum lot area in the RFzoning
district is 100, 000 square feet (2.29 acres).
However, the Planning and Zoning Board can approve a development plan where lot sizes are
reduced in order to cluster development on a portion oftheproperty with the remainderpermanently
preserved as public or private open space provided the overall densityfor the entire property is not
greater than one unit per net acre. There are specific development standards in the Land Use Code
for reviewing RF cluster plans. While the cluster plan would allow a higher density within the
actual development than anticipated by the Urban Estate Structure Plan designation, the potential
for clustering development and maintaining the area north of Spring Creek in permanent open space
clearly implements the intent of the Structure Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the
Council approve the request for annexation, deny the request for a City Structure Plan amendment
and approve the zoning of RF— Residential Foothills. "
Councilmember Weitkunat withdrew from discussion regarding agenda items #36 Items Relating
to the Wykoff-Larimer First Annexation and Zoning and #37 Items Relating to the Wykoff-Larimer
Second Annexation and Zoning because of a potential conflict of interest resulting from her
participation on these items as a member of the Planning and Zoning Board.
("Secretary's Note: Councilmember Weitkunat out of room.)
Bob Blanchard, Director of Current Planning, presented background information regarding the
Wykoff-Larimer First and Second Annexations. He stated that the City may annex property within
the Urban Growth Area provided the property has one -sixth contiguity with the existing City limits.
He presented visual information showing the site and surrounding area. He noted that if the LMN
zoning requested by the applicant is granted, a Structure Plan amendment would be required, and
that the Planning and Zoning Board and staff are recommending that the Structure Plan not be
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April20, 1999
amended. He spoke regarding the City's planning policies that serve as the basis of the staff and
Planning and Zoning Board recommendations. He presented slides showing the site.
Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Resolution
99-50.
Bret Larimer, 1600 West Horsetooth Road, applicant representing the owners Rex and Amender
Wykoff, spoke relating to growth of the City and City Plan and presented slides showing the site and
surroundings. He spoke regarding residential cluster development and densities and the impact of
RF zoning in rendering development of the property as unfeasible. He spoke in favor of LMN
zoning and stated that if this requested zoning is not granted, the annexation application will be
withdrawn and the applicant will apply for development of the property in the County.
Councilmember Byrne asked about the purpose of RF zoning and the elevation of the site.
Blanchard stated that the site is not in the foothills and that the Structure Plan shows lower densities
to the west. He spoke regarding buffering around Spring Creek and stated that part of the property
would be undevelopable because of Spring Creek.
Councilmember Wanner asked about the elevations on the property and the number of units that
would be allowed under the rural land use process. Mr. Larimer spoke regarding the contours of the
property. Blanchard spoke regarding the number of units that would be allowed under the RF
zoning.
Councilmember Bertschy asked about the differences in the number of units allowed under RF
zoning versus LMN zoning. Blanchard spoke regarding the density under a clustered RF zoning
versus LMN zoning.
Councilmember Kastein asked for clarification regarding estimates for the number of units that
would be allowed. Mr. Larimer stated that development would be unfeasible under RF zoning and
that the LMN zoning would limit development to 55 units, although it is questionable whether that
many units could be developed on the site. Blanchard stated that he would estimate 11 units allowed
under RF zoning.
Councilmember Kastein asked about the surrounding uses. Blanchard spoke regarding the
surrounding areas.
Councilmember Byrne asked about problems with The Ponds foothills development and the
proximity of that development to this property. Blanchard stated that The Ponds development was
closer to the foothills than this parcel.
Councilmember Byrne asked about the impact of LMN zoning on property to the west that may be
annexed in the future. He asked where the dividing point for development would be to protect the
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April20, 1999
foothills views. Blanchard stated that the Residential Foothills zoning district currently provides that
no elevation of any structure will be above 5,200 feet.
Councilmember Mason asked about the concept of feathering at urban edges versus the Boulder
"blue line" concept, noting the intent of City Plan to avoid an abrupt change from high density to
rural open lands. Greg Byrne, CPES Director, spoke regarding the Structure Plan.
CouncilmemberByme asked about the undevelopable nature ofpart ofthe property due to geography
and economics. CPES Director Byrne spoke regarding clustering on the south side of the property.
Councilmember Byrne asked if further discussion with the applicant would be worthwhile. City
Manager Fischbach noted that this has been through a public hearing and has been recommended
by the Planning and Zoning Board.
Councilmember Bertschy asked about considerations regarding Urban Estates zoning. Blanchard
stated that staff believes the RF zoning is best suited to this property because the district requires
dedication of undevelopable land. CPES Director Byrne stated that the Residential Foothills and
Urban Estates zones would both allow clustering of development to avoid natural areas or
undevelopable portions of the property.
Amender Wykoff, co-owner of the property, 2916 West County Road 38E, spoke regarding the
difficulty of the process and the possibility of development in the County.
Bret Latimer requested that the Council vote to allow development in the County rather than to
annex the property.
City Manager Fischbach stated that staff would need to investigate whether or not the applicant
reserved the right to withdraw the application for annexation. He stated that under the
intergovernmental agreement with the County, the act of not approving the annexation would trigger
the applicant's right to request development in the County. He suggested postponement of the item
until staff can review these issues.
City Attorney Roy stated that there appears to be sufficient controversy from the applicant's
viewpoint regarding an adverse zoning decision that it might be advisable to postpone consideration
of at least the zoning decision until staff can better advise the Council about the consequences and
alternatives available to the Council.
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to postpone
consideration of all six items relating to the Wykoff-Larimer First and Second Annexations until
May 4.
go
Apri120, 1999
Councilmember Byrne requested further information concerning the process questions that have been
raised concerning the annexation and zoning. He expressed a concern regarding the areas to the west
and where the line would be drawn for development in the foothills.
The vote on Councilmember Warmer's motion to postpone was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn)
THE MOTION CARRIED.
Items Relating to the
Wykoff-Larimer Second Annexation and Zoning Postponed
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 99-51 Setting Forth Findings ofFact and Determinations Regarding the Wykoff-
Larimer Second Annexation.
B. First Reading of OrdinanceNo.69,1999,AnnexingPropertyKnownastheWykoff-Larimer
Second Annexation to The City of Fort Collins.
C. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer
Second Annexation.
This is a request for the voluntary annexation of 14.47 acres of land located north of County Road
38E, west of Taft Hill Road. The site is currently zoned FA1 — Farming in Lorimer County. The
requested zoning is LMN — Low Density Mixed Use Neighborhood. This zoning requires an
amendment of the City Structure Plan from Rural Open Lands and River Corridor and Urban
Estates to Low Density Mixed Use Residential. Staff is not supporting the Structure Plan
Amendment. The recommended zoning is RF —Residential Foothills.
APPLICANT.- Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W. and Amender F Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
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April20, 1999
BACKGROUND:
The Wykoff-Larimer Second Annexation is a voluntary annexation consisting of 14.47 acres. The
property is located north of County Road 38 E, approximately. 75 miles west of Taft Hill Road. The
site is currently zoned FA —Farming in Larimer County. A combined Annexation Impact Report
for this annexation as well as the adjacent annexation to the north was forwarded to the Board of
County Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 116
contiguity with the existing City limits. The Wykoff-Larimer Second Annexation complies with this
requirement. The property has 728 feet of its total boundary of approximately 4,090 feet
contiguous to the proposed annexation area to the north. This exceeds the minimum 695 feet
required to achieve 116 contiguity.
Contiguity to existing City limits is gained from the common boundary to the north which is the
subject of the Wykoff-Larimer First Annexation.
The surrounding zoning and land uses are as follows:
N: FA — Farming (County), Proposed Wykoff-L a rim er First Annexation
E: FA —Farming (County)
S: County Road 38E, Rock View PUD (County)
W.• FAI — Farming (County)
Structure Plan Amendment
The requestedzoning ofLMN— Low DensityMixed Use Neighborhood, is inconsistent with the City
Structure Plan designation for this site (Rural Open Lands and Stream Corridors and Urban
Estates). Before considering the requested LMN zoning, a Structure Plan amendment to Low
Density Mixed Use Residential is required. The applicant has submitted application for the
amendment which is attached.
The subject property, as well as the proposed annexation to the north (which is designated Rural
Open Lands and Stream Corridors ) is near the western edge of the Urban Growth Area. The
applicant has submitted justification for the Plan amendment citing CityPlan Principles and
Policies which focus on the concept ofcreating a compact development pattern within the City and
the benefit derived from that type of development. Specifically, the applicant has referred to
Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles traveled,
providing for a variety of housing types and densities, preservation of natural areas, new
neighborhoods and Low Density Mixed Residential next to open lands.
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April20, 1999
Neither the Planning and Zoning Board nor the staff support the request for a Structure Plan
amendment based on many of the same Principles and Policies supporting the retention of the
Rural Open lands and Stream Corridors designation on the subject property (as well as the Rural
Open Lands and Stream Corridors to the north). These include:
HSG 1.1: The City will encourage a variety of housing types and densities......
This Policy recognizes that there should be a variety of lot sizes, housing types and
residential densities. The provision of low density housing, which would implement the
Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge
of the City meets this requirement.
NOL 1.2: The City will conserve and integrate natural areas into the developed landscape
by directing development away from sensitive areas and using innovative planning,
design and management practices....
Retention ofthe existing Structure Plan designations and the implementation ofappropriate
zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the
conservation of the natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located
around a Medium Density Mixed -Use Neighborhood which has a Neighborhood Commercial
Center or Community Commercial District as its Core. This provides nearby access to most
things a resident or household needs on an everyday basis.
The subject property is located near the edge of the City and Urban Growth Area. While
there is a convenience commercial development at the corner of County Road 38E and Taft
Hill Road, the property is located approximately two road miles from the nearest designated
or developed Neighborhood Commercial area. This distance does not fit the description of
Low Density Mixed Use Residential areas being in close proximity to commercial
developments.
Zoning:
The property is currently zoned FA —Farming in Lorimer County. The requested zoning is LMN
— Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City
Structure Plan which designates theproperty Rural Open Lands and Stream (see attached Structure
Plan map).
There are two zoning districts which could implement the Structure Plan designation: UE — Urban
Estate and RF— Residential Foothills, especially when this annexation is considered together with
the proposed annexation to the south. Staff is recommending the RFzoning district.
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April20, 1999
The purpose of the RFzoning district is for low density residential areas located near the foothills.
In addition to the location of the property near the foothills, the presence of Spring Creek bisecting
the property subject to the combined annexations and the designation of the northern portion as
Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of
residential units while maintaining an overall low density. The minimum lot area in the RFzoning
district is 100, 000 square feet (2.29 acres).
However, the Planning and Zoning Board can approve a development plan where lot sizes are
reduced in order to cluster development on aportion ofthepropertywith the remainderpermanently
preserved as public or private open space provided the overall density for the entire property is not
greater than one unit per net acre. There are specific development standards in the Land Use Code
for reviewing RF cluster plans. While the cluster plan would allow a higher density within the
actual development than anticipated by the Urban Estate Structure Plan designation, the potential
for clustering development and maintaining the area north ofSpring Creek in permanent open space
clearly implements the intent of the Structure Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the
Council approve the request for annexation, deny the request for a City Structure Plan amendment
and approve the zoning of RF — Residential Foothills. "
("Secretary's note: Action on the three items relating to the Wykoff-Larimer Second Annexation
was postponed pursuant to a motion made and adopted in the agenda item relating to the Wykoff-
Larimer First Annexation.)
Items Relating to Various Council Liaison
Assignments and Committee Appointments Adopted
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 99-52 Making Board and Commission Liaison Assignments and Committee
Appointments.
B. Resolution 99-53 Approving and Endorsing the Appointment of a Councilmember to the
Larimer County Fair Board.
Following the Council reorganization meeting in April of odd -numbered years, Councilmembers
decide which ofthe various board and commission liaison assignments and committee appointments
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April20, 1999
are of interest to them as individuals. A Resolution has been prepared so that the names of
individual Councilmembers can be inserted in the blank spaces.
A Resolution has also been prepared regarding approval and endorsement of a Council
representative on the Lorimer County Fair Board. Following adoption of the Resolution, a copy
will be forwarded to the Larimer County Commissioners for their consideration and action.
A grid reflecting current assignments, as well as a blank grid, are attached as planning tools for
Council's use in determining assignments each Councilmember may be interested in assuming. "
("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.)
Mayor Martinez explained the process to determine the committee assignments. Following is a
listing of the Councilmembers selected to serve in committee and liaison assignments:
Board and Commission Liaison Assi ents:
Affordable Housing Board - Wanner
Air Quality Advisory Board - Mason
Art in Public Places Board - Weitkunat
Building Review Board - Kastein
Citizen Review Board - Wanner
Commission on Disability - Byrne
Commission on the Status of Women - Weitkunat
CDBG Commission - Bertschy
Cultural Resources Board - Weitkunat
Election Board - Weitkunat
Electric Board - Mason
Golf Board - Bertschy
Human Relations Commission - Bertschy
Landmark Preservation Commission - Mason
Library Board - Byrne
Liquor/Massage Licensing Authority - Martinez
Natural Resources Advisory Board - Bertschy
Parks and Recreation Advisory Board - Bertschy
Personnel Board - Martinez
Planning and Zoning Board - Mason
Retirement Committee - Martinez
Senior Advisory Board - Martinez
Telecommunications Board - Kastein
Transportation Board - Kastein
UGA Review Board - Mason
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April20, 1999
Water Utility Board - Wanner
Youth Advisory Board - Martinez
Zoning Board of Appeals - Weitkunat
Committee Assignments:
CSU Liaison Committee - Bertschy and Byrne
Disaster Council - Martinez
Downtown Development Authority Board - Wanner, Bertschy (alternate)
Ethics Review Board - Weitkunat, Wanner, Byrne, Kastein (alternate)
Finance Committee - Wanner, Mason, Bertschy
Forfeited Property Disposition Committee - Martinez
Governance Committee - Weitkunat, Bertschy, Byrne
Growth Management Committee - Warmer, Weitkunat, Mason
Health and Safety Committee - Byrne, Wanner, Kastein
Legislative Review Committee - Kastein, Weitkunat, Martinez
North Front Range Transportation/Air Quality Council - Byrne, Kastein (alternate)
Platte River Power Authority - Martinez
Poudre Fire Authority Board of Directors - Wanner, Bertschy
Poudre School District Liaison Committee - Martinez, Kastein
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution
99-52 with the insertion of the names listed above. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Resolution
99-53 with the insertion of Councilmember Weitkunat's name. The vote on the motion was as
follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and
Weitkunat. Nays: None.
THE MOTION CARRIED.
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April20, 1999
Items Relating to the
Keatine First Annexation and Zoning Adopted
The following is stafYs memorandum on this item.
"Executive Summary
A. Resolution 99-42 SettingForth Findings ofFactandDeterminations Regarding theKeating
First Annexation.
B. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating First
Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Keating First
Annexation.
This is an annexation and zoning of approximately 11.27 acres in size, located north of Trilby Road
and west of Timberline Road. The property is undeveloped and is in the FA —Farming District in
LarimerCounty. The recommendedzoning is the LMN— Low -Density Mixed Use Neighborhood.
This is a 100% voluntary annexation.
APPLICANT- Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 80524
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Erleen K Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536
BACKGROUND:
The Keating FirstAnnexation is approximately 11.27acres in size, located north of Trilby Road and
west of Timberline Road. The site is currently zoned FA1—Farming in Lorimer County. A combined
Annexation Impact Report for this annexation as well as the adjacent annexation to the east was
forwarded to the Board of County Commissioners on February 12, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 116
KIF
Apri120, 1999
contiguity with the existing City limits. The Keating First Annexation and Zoning complies with this
standard since the property has 638.72 feet of its total boundary of approximately 3,832.29 feet
contiguous to the existing City limits. This meets the minimum 639.70 feet required to achieve 116
contiguity.
Contiguity to existing City limits is gained from the common boundary to the west from the Union
Pacific South Fourth Annexation (May 1988).
The surrounding zoning and land uses as follows:
N: FA - Farming District in Lorimer County - existing large acreage residential
S: FA - Farming District in Larimer County - existing large acreage residential
E: FA - Farming District - existing agricultural
W.• RL Low Density Residential in the City of Fort Collins - single family residential (Paragon
I and 2)
Zoning and Analysis:
The property is currently zoned FA-1 Farming District in Lorimer County. The requested zoning
for this annexation is the LMN - Low Density Mixed Use Neighborhood District. There are
numerous uses permitted in this District, subject to administrative review or review by the Planning
and Zoning Board. The City's adopted Structure Plan, apart of the Comprehensive Plan, suggests
that a Low Density Mixed Use Residential Neighborhood is appropriate for this location.
Staff is recommending that this property be included in the Residential Neighborhood Sign District,
which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such signs because of their
predominantly residential use and character. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 18, 1999, the Planning and Zoning Board, by a vote of 7-0, recommended that the
Council approve the request for annexation and approve the zoning ofLMN—Low-Density Mixed
Use Neighborhood. "
Councilmember Weitkunat withdrew from the discussion of this item because of a potential conflict
of interest resulting from her participation regarding this item as a member of the Planning and
Zoning Board.
("Secretary's Note: Councilmember Weitkunat out of room.)
�1
April20, 1999
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Resolution
99-42. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein,
Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 61, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn)
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Ordinance
No. 62, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn)
THE MOTION CARRIED.
Items Relating to the
Keating Second Annexation and Zoning, Adopted
The following is staff s memorandum on this item.
"Executive Summary
A. Resolution 99-43 SettingForth Findings offact andDeterminations Regarding the Keating
Second Annexation.
B. First Reading of OrdinanceNo.63,1999,AnnexingPropertyKnownastheKeatingSecond
Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Keating Second
Annexation.
This is an annexation and zoning of approximately 26.43 acres in size, located north of Trilby Road
and west of Timberline Road. The property is undeveloped and is in the FA —Farming District in
Larimer County. The recommended zoning is the LMN— Low -Density Mixed Use Neighborhood.
This is a 100% voluntary annexation.
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APPLICANT.- Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 0524
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536
BACKGROUND:
The Keating Second Annexation is approximately 26.43 acres in size, located north of Trilby Road
and west of Timberline Road. The site is currently zoned FAI — Farming in Lorimer County.
A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the
south was forwarded to the Board of County Commissioners on February 12, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 116
contiguity with the existing City limits. The Keating Second Annexation and Zoning complies with
this standard since the property has 1, 658.15 feet of its total boundary of approximately 5,903.97
feet contiguous to the existing City limits. This exceeds the minimum 984. 00feet required to achieve
116 contiguity.
Contiguity to existing City limits is gained from the common boundary to the west from the Keating
First Annexation, which achieved its contiguity through the Union Pacific South Fourth Annexation
(May 1988) to the west.
The surrounding zoning and land uses as follows
N.• FAI - Farming District in Larimer County - existing large acreage residential
S: FAI - Farming District in Lorimer County - existing large acreage residential
E: FAI - Farming District - existing agricultural
W.- RL Low Density Residential in the City of Fort Collins - single family residential (Paragon
1 and 2)
KIM
April20, 1999
Zoning and Analysis:
The property is currently zoned FA-1 Farming District in Lorimer County. The requested zoning
for this annexation is the LAM - Low Density Mixed Use Neighborhood District. There are
numerous uses permitted in this District, subject to administrative review or review by the Planning
and Zoning Board. The City's adopted Structure Plan, apart ofthe Comprehensive Plan, suggests
that a Low Density Mixed Use Residential Neighborhood is appropriate for this location.
Staffis recommending that this property be included in the Residential Neighborhood Sign District,
which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such signs because of their
predominantly residential use and character. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 18, 1999, the Planning and Zoning Board, by a vote of 7-0, recommended that the
Council approve the request for annexation and approve the zoning ofLMN—Low-Density Mixed
Use Neighborhood. "
("Secretary's Note: Councilmember Weitkunat out of room.)
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution
99-43. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein,
Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Councilmember Wannermade amotion, seconded by CouncilmemberBertschy, to adopt Ordinance
No. 63, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn)
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 64, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byme, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn)
THE MOTION CARRIED.
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April20, 1999
("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.)
Other Business
Councilmember Mason spoke regarding a complaint by the residents of the Harmony Mobile Home
Park that their leases specify that the management must review all sales of all homes and that the
management company is in the business of selling mobile homes. He asked if legal staff could
review the situation. City Attorney Roy stated that he would discuss the matter with Councilmember
Mason to determine if there are any issues affecting the City and noted that this may be a private
matter between the parties.
The meeting adjourned at 8:25 p.m.
ATTEST:
Adiournment
210