HomeMy WebLinkAboutMINUTES-03/07/1995-RegularMarch 7,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 7,
1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Councilmember Absent: None.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Jeff Bridges, 725 Mathews, expressed concerns about the scheduling of appeals and asked
Council to look at better ways to use its time effectively.
David Roy 1039 W. Mountain Ave., opposed the Chamber of Commerce plan to endorse and
support candidates for municipal offices and urged candidates to reject Chamber support.
Mike Nicely, Pioneer Mobile Home Park, complimented staff for its efforts towards the
relocation of residents of the Park.
John Meleski, 1072 Sundering Dr., spoke of the recently adopted ordinance relating to roof
coverings (wood shingles) and announced he would be making a presentation during Citizen
Participation on March 21.
Citizen Participation Follow -UV
Councilmember Smith stated Council is attempting to resolve the problem of scheduling appeals
on agendas already crowded with items requiring Council action.
Councilmember Janett stated the Code required appeals to be heard in a timely manner after
submitted. She spoke of the difficulty in scheduling appeals and noted staff and Council are
attempting to resolve the problem.
Councilmember Kneeland stated she appreciated Mr. Nicely's comments and thanked him for
the hard work the Pioneer Mobile Home Park Board has done to work out a solution to the
relocation problem.
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March 7, 1995
Mayor Azari thanked Mr. Bridges for his critical suggestions for improving the process. She thanked
Mr. Nicely for the leadership he is providing on the Pioneer Mobile Home Park relocation issue.
Agenda Review
Interim City Manager Jones stated the date in the fourth Whereas clause of Ordinance No. 24, 1995,
(Item No. 14 - First Reading of Ordinance No. 24, 1995, Authorizing the Purchase of 103 Acres of
Land for Natural Area Purposes and Conveyance of a Conservation Easement) should be March 7,
1995.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #25, Public Pulled Consent Items.
8. Second Reading of Ordinance No. 13, 1995 Appropriating Unanticipated Revenue of $21.000
from the Federal Emergency Management Agency for the City of Fort Collins Emergency I
Management Program.
Fort Collins Police Services has applied for and been awarded "Emergency Management
Assistance" (EMA) grants for federal fiscal years 1994 and 1995. These funds are allocated
by the Federal Emergency Management Agency to support emergency management program
activities at the local level. Local jurisdictions must first meet specific program requirements
and must have an established disaster agency and plan.
These grants require a 50150 match in funds. Matching funds in the amount of $16,800 are
expended through the Police Services' budget ($7,000 for federal fiscal year 1994 and $9,800
for federal fiscal year 1995) primarily under the Emergency Management Coordinator
position. Matching funds in the amount of $4,200 for federal fiscal year 1995 are expended
through the Stormwater Utility budget under the Floodplain Administrator position.
Ordinance No. 13, 1995 was unanimously adopted on First Reading on February 21, 1995.
9. Second Reading of Ordinance No, 14.1995 Appropriating Unanticipated Revenue From Prior
Year Reserves from Police Seizure Activity,
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband
used in or gained from criminal activity. The intent is to deter crime and to have criminals
help defray the costs of policing. '
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State statutes specify that the proceeds are to be used for law enforcement purposes, and
require that the governing body (City Council) of the seizing agency (Police Services)
appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds
to the general fund of the State of Colorado. The Colorado Supreme Court and the United
States Supreme Court have consistently upheld the constitutionality of these statutes.
Ordinance No. 14, 1995, which was unanimously adopted on First Reading on February 21,
1995, appropriates $52,652 into Police Services' budget.
10. Second Reading of Ordinance No. 16, 1995 Authorizing the Transfer of Appropriations from
Existing Projects in the Capital Projects Fund and Appropriating Unanticipated Revenue to
Create a 1995 Pedestrian Accessibility Project
At the January 10, 1995 worksession, staff presented the recommendations of a task team
regarding pedestrian accessibility. The task team had been directed to identify opportunities
to better serve the needs of pedestrians based on: (1) the increasing emphasis on alternate
modes of transportation; and (2) the requirements of the Americans with Disabilities Act
(ADA).
The report from the task team noted that pedestrian improvements are currently constructed
in conjunction with several capital projects: Pedestrian Access Ramps, the annual Concrete
Program (50150 sidewalk project), and Minor Street Capital. The fourth recommendation of
the task team suggested combining funds from these projects to create a more focused and
effective pedestrian accessibility effort. Ordinance No. 16, 1995, which was unanimously
adopted on First Reading on February 21, 1995, implements this recommendation for 1995.
The ordinance transfers existing appropriations --no new City funds are being approved for
1995. Staff will continue work on developing a recommendation for funding pedestrian
accessibility improvements in 1996 and future years to be included in the 1996 budget.
11. Second Reading of Ordinance No. 17, 1995 Authorizing the Purchase of Water Shares in
Dixon Reservoir.
In 1993, Council authorized the purchase of 103 acres for the Southwest Community
Park/Youth Sports Complex and 70 additional acres as a natural area.
The 103 acre parcel was irrigated farm land, using Dixon Reservoir water. Now that this land
has been sold, the previous owners have their water shares for sale. These shares amount to
83% of the water in Dixon Reservoir. It would be preferable to irrigate the 103 acre park with
raw water, if possible. The amount of domestic, treated water, at the rate of one inch per week
for approximately 80 acres of developed turf and landscaped area is estimated to be
' 18,660,160 gallons annually. This equals an annual cost of $64,607. By purchasing raw water
for park irrigation, the City will realize a payback in 10.4 years.
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March 7, 1995
The Reservoir sits above the Southwest Community Youth Sports Park. Sufficient Choices '
95 funds for the purchase are scheduled to become available in 1996-1997 for this park. To
capitalize on the owner's willingness to sell, funds were previously advanced from General
Fund contributions to the Street Oversizing Reserves to acquire the park site and purchased
the property in October 1993. The Choices 95 budget for the park purchase was $1,440,000.
Ordinance No. 17, 1995 was unanimously adopted on First Reading on February 21, 1995.
12. Second Reading of Ordinance No. I & 1995 Authorizing the Sale of Real Property Described
as the McKendry Property and the Purchase of Real Property from Paragon Investment Group
for Natural Areas.
Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale
conducted by the Larimer County Treasurer if special assessments levied against the property
have not been paid. The Property was sold at the 1988 tax sale and tax certificates of purchase
were issued to the City as there were no interested private investors. The City applied for a
treasurer's deed to the Property which deed was issued on April 19, 1993. Before marketing
the Property, the City had to file a quiet title action in district court, which action was
completed on December 27, 1994.
This is the first sale of special assessment property to the City of Fort Collins for municipal '
purposes. Approximately thirty-nine (39) acres on the east portion of the Property will be
purchased by the City from the Natural Resources Fund and dedicated as public natural area.
The sale of the remaining land (104 acres) will include an exchange with Paragon Investment
Group for an additional eighty-seven (87) acres of natural area adjacent to but separated from
the thirty-nine (39) acre open space by a railroad right-of-way. The total natural areas
acquisition included in this transaction is one hundred and twenty-six (126) acres. Ordinance
No. 18, 1995 was unanimously adopted on First Reading on February 21, 1995.
13. First Reading of Ordinance No. 23, 1995 Approving the Terms of the Lease Agreement for
405 Canyon Avenue.
Larimer County has changed its method for exempting property tax on government leased
property. The new procedure requires the City Council to approve, by ordinance, the lease
terms prior to Larimer County exempting City leased property from property tax. Staff was
notified of this procedural change after the 405 Canyon lease had been signed by the City
Manager, thus requiring Council's approval after the City had entered into the lease.
14. First Reading of Ordinance No. 24. 1995 Authorizing the Purchase of 103 Acres of Land for
Natural Area Purposes and Conveyance of a Conservation Easement
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March 7. 1995
This Ordinance authorizes the purchase of 103 acres of land for public natural area purposes.
The land is part of the Greenstone Overall Development Plan area at the southeast corner of
the City limits, in the area commonly referred to as the Fossil Creek Wetlands. The proposed
acquisition would add to the lands that were approved on first reading in Ordinance No. 18,
1995, for acquisition and use as public natural areas. In total, the proposal would result in a
complex of 270 acres of natural areas and other open space, including 229 acres in public
ownership and 41 acres in private ownership.
This Ordinance also authorizes the Mayor to execute such agreements and documents as are
necessary to convey a conservation easement on the property to a qualified land trust, a non-
profit corporation organized for the purpose of acquiring and maintaining conservation
easements. This action is a requirement of the seller to provide additional assurances that the
property will remain as a public natural area in perpetuity.
15. Items Relating to the Harmony Corridor Plan Implementation Actions.
A. First Reading of Ordinance No. 25, 1995 Amending Sections 29-358 and 29-359 of the
Code of the City of Fort Collins to Change the References Therein from "Design
Standards" to "Standards"; Amending Chapter 29, Article III, Division 4, Subdivision
G, to Clarify That "Applicable Standards and Guidelines" Will Be Utilized in Site Plan
Supplemental Review Procedures; and Adding a New Subdivision Regarding Special
Development Standards
B. First Reading of Ordinance No. 26, 1995 Amending the Zoning District Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known
as the Golden Meadows Neighborhood Service Center Rezoning,
C. First Reading of Ordinance No. 28, 1995 Amending the Zoning District Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known
as the Keenan Rezoning.
D. First Reading of Ordinance No. 29, 1995 Amending the Harmony Corridor Standards and
Guidelines.
16. Resolution 95-29 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
Colorado State University for the Provision of Water Testing,
The Resolution will authorize the Mayor to enter into a two year agreement with Colorado
State University to collect and process potable water samples on campus and to report the
' results to the City. The purpose of the sampling is to be able to identify and correct any
drinking water quality problems that may occur at CSU.
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March 7, 1995
17. Resolution 95-30 Authorizing the Mayor to Enter Into an Intergovernmental Agreement with
the Department of Environmental Health Colorado State University. for Fish and Benthic
Biosurveysin 1995.
The Resolution authorizes the Mayor to enter into a contract with CSU to conduct fish and
benthic biosurveysin the Poudre River during 1995. The biosurveys are necessary to assess
the impact of wastewater discharges on aquatic life in the river.
18. Resolution 95-31 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
the United States Geological Survey for the Provision of Water Quality and Flow Data in
1995.
The Resolution authorizes the Mayor to enter into a contract with the USGS to conduct water
flow andwater quality surveys in the Cache ]a Poudre River. These surveys are necessary to
assess the impacts of wastewater discharges on the river.
19. Resolution 95-32 Establishing Rental Rates to Be Charged for the City's Surplus Water
This resolution will approve rates for the rental of the City's surplus raw water. Each year prior
to the irrigation season, the Water Board makes a recommendation to the Council on the rental '
rates to be charged for the City's surplus water. The surplus water rental program was
discussed at the February 17, 1995 meeting of the Water Board. The proposed rental rates are
based on several factors including past rental rates, assessment rates, and anticipated supply
and demand conditions.
20. Resolution 95-33 Extending the Contract with the SouthRidge Golf Professional for Two
Additional Years as an Exception to the Competitive Procurement Process,
In 1990, staff went through the RFP/bid process on two Professional Services Agreements for
contractual golf professional services at City Park Nine and Collindale Golf Courses. Both
agreements were for five-year terms expiring December 31, 1995. In 1992, an RFP/bid
process was utilized on a Professional Services Agreement for contractual golf professional
services at SouthRidge Golf Course for a three-year term, also scheduled to expire December
31, 1995. It was originally thought that bidding all three golf professional contracts at the
same time in 1995 would be more efficient which is why all three contracts expire at the end
of this year. However, both the staff and the Golf Board now believe that a one-year
separation of the RFP/bid process for these three contracts would be better for all concerned.
Therefore, this Resolution authorizes extending the original three-year agreement with
SouthRidge Golf Professional Derek M. Cordova for two years (renewable annually) through
December 31, 1997. Staff also plans to negotiate a one-year agreement based on the original
five-year agreement with Collindale Golf Professional Joe Nance (dba J.W. Nance, Inc.) '
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March 7, 1995
through December 31, 1996. Finally, the original five-year agreement with City Park Nine
Golf Professional Jim Greer expires December 31, 1995, and staff plans to RFP/bid that
agreement later this summer.
21. Resolution 95-34 Making an Amendment to the Boards and Commissions Manual as it
Relates to Membership Limitations
This Resolution amends the Boards and Commissions Manual to clarify the requirements for
board or commission membership. Specifically, new language has been added which clearly
states that all persons appointed to, or serving on, any board or commission must be residents
of the city of Fort Collins or the Fort Collins Urban Growth Area (UGA), and that if a member
moves out of the UGA during a term of office, he or she must resign:
22. Resolution 95-35 Appointing Councilmember Will Smith as the Fort Collins City Council
Representative to the Fort Collins Chamber of Commerce PRT 2000 Task Force
The mission of the PRT 2000 Task force is to identify a high technology transportation system
option for Fort Collins that will help relieve traffic congestion and to study the feasibility of
the Raytheon PRT 2000 system.
The Task Force is composed of eight individuals appointed by the Chairperson of the
Chamber Board of Directors. Additional members may be added with the approval of the
Chairperson of the Board.
23. Resolution 95-36 Making an Appointment to the Transportation Board
A vacancy currently exists on the Transportation Board due to the resignation of David
Lemesany. Councilmembers Smith and Kneeland reviewed the applications on file and are
recommending Ray Moe be appointed to fill the vacant term which expires July 1, 1996.
24. Routine Deeds and Easements.
A. Deeds of Easement from Huntington Hills for the purpose of temporary drainage located
on the east and south sides of Huntington Hills 3rd filing which is just northeast of
Skyway Drive and South College Avenue. Monetary consideration $0.
B. Deed of Easement from Haxton Drive LLC and Oakridge Partners, for the purpose of
temporary drainage located between Haxton and Oakridge Drives which is just southeast
of Harmony Road and South Lemay Avenue. Monetary consideration $0.
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March 7, 1995
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C. Deed of Easement from Oakridge Partners and Haxton Drive LLC for the purpose of
temporary drainage located between Haxton and Oakridge Drives which is just southeast
of Harmony Road and South Lemay Avenue. Monetary consideration $0.
D. Powerline Easement from Terry F. Watts, 2213 Loyola, needed to install new
underground streetlight service. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 13, 1995 Appropriating Unanticipated Revenue of $21.000
from the Federal Emergency Management Agency for the City of Fort Collins Emergency
Management Program,
9. Second Reading of Ordinance No. 14, 1995 Appropriating Unanticipated Revenue From Prior
Year Reserves from Police Seizure Activity.
10. Second Reading of Ordinance No, 16, 1995 Authorizing the Transfer of Appropriations from
Existing Projects in the Capital Projects Fund and Appropriating Unanticipated Revenue to
Create a 1995 Pedestrian Accessibility Project.
11. Second Reading of Ordinance No. 17, 1995 Authorizing the Purchase of Water Shares in I
Dixon Reservoir.
12. Second Reading of Ordinance No. 18, 1995 Authorizing the Sale of Real Property Described
as the McKendryProperty and the Purchase of Real Property from Paragon Investment Group
for Natural Areas.
29. Second Reading of Ordinance No. 15. 1995 Appropriating Prior Year Reserves in the Cultural
Services and Facilities Fund for a City of Fort Collins/Colorado State University Performing
Arts Complex Architectural Study and Authorizing an Intergovernmental Agreement for Such
Purpose.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
13. First Reading of Ordinance No. 23. 1995 Approving the Terms of the Lease Agreement for
405 Canyon Avenue.
14. First Reading of Ordinance No. 24, 1995 Authorizing the Purchase of 103 Acres of Land for
Natural Area Purposes and Conveyance of a Conservation Easement.
15. Items Relating to the Harmony Corridor Plan Implementation Actions.
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March 7, 1995
A. First Reading of Ordinance No. 25, 1995 Amending Sections 29-358 and 29-359 of the
Code of the City of Fort Collins to Change the References Therein from "Design
Standards" to "Standards"; Amending Chapter 29, Article 11I, Division 4, Subdivision
G, to Clarify That "Applicable Standards and Guidelines" Will Be Utilized in Site Plan
Supplemental Review Procedures; and Adding a New Subdivision Regarding Special
-Development Standards
B. First Reading of Ordinance No. 26, 1995 Amending the Zoning District Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known
as the Golden Meadows Neighborhood Service Center Rezoning.
C. First Reading of Ordinance No. 28, 1995 Amending the Zoning District Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known
as the Keenan Rezoning.
D. First Reading of Ordinance No. 29, 1995 Amending the Harmony Corridor Standards and
Guidelines.
Councilmember McCloskey made a motion, seconded by Councilmember Kneeland, to adopt and
' approve all items on the Consent Calendar. The vote was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember McCluskey stated he did not attended the February 28 worksession on the Strategic
Facilities Plan because he has filed a conflict of interest. He stated his business is located on one of
the sites being considered for future City/County facilities.
Councilmember Janett spoke of a Consent Calendar item that authorized the purchase of 103 acres
of natural area located along Timberline Road near Fossil Creek Reservoir. She reminded that the
League of Women Voters candidate forum is scheduled for Wednesday, March 8. The forum will
be televised on Cable Channel 27.
Councilmember Kneeland spoke of the opening of the Parenting and Family Support Center on
North College. She complimented the Streets Department for its involvement in the establishment
of the Center. She spoke of a recent Legislative Review Committee meeting and stated LRC is
monitoring bills in the state legislature that usurp local control.
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March 7, 1995
Councilmember Apt reported on the Growth Management Committee meeting. The Committee
discussed the Comprehensive Plan review and is attempting to compress the schedule from 18-24
months to 12-18 months so that parts of the Plan can be adopted in the short term.
Councilmember Smith stated the North Front Range Regional Transportation Air Quality Council
has concerns about the schedule for the adoption of the state-wide transportation plan and will be
distributing additional information.
Appeal of the January 23, 1995,
Planning and Zoning Board Decision
on the Ponds at Overland Trail,
R-F, Foothills Residential,
Cluster Development Plan,
Planning and Zoning Board Decision Modified,
with Conditions.
The following is staffs memorandum on this item.
"Executive Summary
On January 23, 1995, the Planning and Zoning Board approved, with conditions, The Ponds at '
Overland Trail R-F Cluster Development Plan. The project consists of a Cluster Development Plan
for 284 single family lots on 284.23 acres. (This is not a Planned Unit Development.) The parcel
is located on the west side of Overland Trail, north of Prospect Road, and south of Elizabeth Street
and the C.S.U. Equine Center.
On February 6, 1995, a Notice of Appeal was received by the City Clerk's Office regarding the
decision of the Planning and Zoning Board. Also, on February 21, 1995, an Amended Notice of
Appeal was received by the City Clerk regarding the same decision. In the statement of appeal, it
is alleged that:
The Planning and Zoning Board failed to hold a fair hearing by ignoring its previously
established rules of procedure.
The Planning and Zoning Board failed to properly interpret and apply relevant provisions of
the Code and Charter.
The Planning and Zoning Board failed to receive all relevant evidence offered by the
appellant.
March 7, 1995
The attached documents include the Notice of Appeal and the Amended Notice of Appeal, the
Planning Department response to the Appeal, and the information packet that was received by the
P & Z Board for the January 23, 1995 meeting. In addition, minutes to the P & Z Board meeting
are included. The procedures for considering and deciding the Appeal are described in Chapter 2,
Article II, Division 3 of the City Code. "
City Attorney Steve Roy outlined the process for hearing the appeal.
Ted Shepard, Senior Planner, stated the Ponds at Overland Trail is a cluster development plan in a
preliminary subdivision plat. The request is for a cluster plan in the R-F, Foothills Residential
Zoning District, for 284 single-family homes on 284.23 acres. The Planning and Zoning Board
recommended approval with conditions. He provided history of the project and emphasized the
project is not a PUD and is not being reviewed under the LDGS. He pointed out the project will
have to come back for a final subdivision plat for any phase submitted for final approval by the
Planning and Zoning Board and that decision would be eligible to be appealed to the City Council.
Dennis Stenson, 2820 West Elizabeth St., appellant, stated the appellant's presentation intends to
cover the fact that at the January 23 Planning and Zoning hearing, relevant laws were not properly
interpreted, established rules of procedure were not followed and the Board failed to receive all the
relevant evidence offered. He stated there is a precedent to the policies, guidelines and the intent of
the Urban Growth Area IGA that has been broken by the ordinance adopting the R-F cluster plan.
The precedent of environmental protection and low residential density has been overturned by the
R-F.cluster plan and threatens this natural area. There are large gaps in the development review
process which favor the developer. He reviewed the allegations set out in the Notice of Appeal.
Bob Davidson, 1203 Cascade Ct., appellant, continued the review of the allegations set out in the
Notice of Appeal.
John Spillane, attorney representing the applicant introduced the development team present. He
stated that whether the project is consistent with the IGA for the Urban Growth Area is not an issue
for this appeal. He stated the development team believes the Planning and Zoning Board properly
considered the criteria and that the proposal is a true benefit to the City. He stated the reasons for
denial given by the appellants are pretextual. The detractors do not want development to take place
on this property.
Frank Vaught, Vaught -Frye Architects, made a presentation describing the developer's attempt to
be sensitive to the foothills and to the unique character of the property. He addressed each of the
appellants' allegations and presented the slides shown during the presentation before the Planning
and Zoning Board. He stated the project meets the requirements of the R-F zone and reviewed the
. ten criteria required. He emphasized that Criterion #6 does not require the applicant to provide
extensive computer simulation or cross -sections to prove the project will minimize the aesthetic
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March 7, 1995 °
impact upon the view of the foothills as well as the view from the foothills. He stated the project
is not being built in the foothills which begin above the Dixon Canyon lateral and added 380-600
foot setbacks are being provided along Overland Trail which will open up the area significantly for
view purposes. He stated there will be 73 acres of open space within the 162 acres below the ditch
that have view corridors. There are 180 lots adjacent to the open space that will have open views
from the foothills to the city. The larger lots have been incorporated along the top portion of the
property to provide houses spaced farther apart to maximize the view of the foothills. Vaught stated
Criterion #7 requires that building envelopes be selected, and individual structures will be built to
withstand high winds and to function with maximum conservation of energy. He stated no extensive
wind studies have been done but reminded the development is not in the foothills and not on the
ridge. It is below the 5250 foot elevation and below the wind prone areas. The project plan is
respectful of the natural terrain and minimizes the exposure to the wind. He stated 68% of the lots
meet the solar ordinance and comply with the City's energy requirements.
Rebuttal:
Dennis Stenson disagreed that there will be straight line views or corridors to the foothills. He
suggested the cluster of houses will block the area to views of the foothills. He stated the developer
has failed to show how the cluster housing element of the R-F zone is compatible with the low
densities suggested in the IGA. I
Bob Davidson stated the foothills area is where the foothills meet the plains so is a combination of
both areas. He stated the neighbors agreed to compromise and allow 170 units on the 170 acres and
do not agree that the developer has a right to transfer density. He asked that the intent and spirit of
the IGA be met.
John Spillane clarified that the property above 5200 ft. is eligible for development of 35 acre tracts
in the County and no approval is needed. Mr. Noel the owner of the property is prepared to do just
that. As the contract purchaser of the property, Gateway American Properties has proposed this
project whereby there would be no development at the ridgeline. The request is for approval of 284
units or one unit for each acre that is part of the development, with sufficient open space to be set
aside. If the cluster development plan is overturned, Mr. Noel may proceed with his plans.
Frank Vaught stated he did not believe a well designed project with 284 single family lots is an
unreasonable request for this property. He stated amenities such as 195 acres of open space, 300-600
foot setbacks along the major arterial, and 180 lots with direct access to open space are not
commonly found in a typical subdivision. He spoke of the design compromises reached with various
entities throughout the process and stated the goal was to develop a neighborhood designed to City
standards and offering recreational opportunities. He stated a majority of the Planning and Zoning
Board agreed that this proposal met the ten criteria outlined in the R-F cluster zone and asked
Council to concur with the Board findings. ,
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March 7, 1995
Councilmember Janett asked if the open space in the project will be available to persons who do not
live in the subdivision and if the open space would be fenced. She asked if there will be a way for
persons to park their vehicles and walk to the open space located at the higher elevation and if
landscaping or placement of the houses on the lots will be used to deal with the wind.
Frank Vaught replied that access had not been discussed specifically but it will be identified on the
plat as permanently preserved open space. The intent of the open space is to provide access to the
foothills and the trail system along the foothills, to preserve the wetlands and accommodate the
detention. He noted an earlier design had reflected a parking lot but the Parks and Recreation Board
objected and the lot was eliminated. He pointed out the street rights -of way and widths will be wider
so there will be space on the streets to accommodate street parking. Other parking opportunities
could be investigated. He stated every effort will be made to preserve the existing trees and added
location of building envelopes could be pursued.
Councilmember Kneeland asked about the legitimacy of transferring development rights above the
5250 foot elevation to overall dwelling units per acre.
Shepard replied that staffs interpretation is that the transfer is consistent with past practice in the two
previous R-F cluster plans, the Stewart property and the Bums Ranch property. Staff reads Section
29-116 to refer to overall density and all the property, and gross, not net acreage. There is no
reference or direction to take out undevelopable areas. He pointed out that most developable ground
is considerably less than the gross. The gross includes parcels that cannot. be built on but staff holds
developers to including those parcels in calculating their gross density. That is how three dwelling
units per acre is met on PUDs. Undevelopable land is not subtracted out and is used to calculate the
percentage.
Councilmember Janett made a motion, seconded by Councilmember Smith, that the Planning and
Zoning Board did conduct a fair hearing, did not ignore the rules of procedure, and did receive all
evidence presented.
Councilmember Janett stated the appellants have suggested the Planning and Zoning Board did not
conduct a fair hearing because the Urban Growth Area Review Board did not hear this issue. The
UGA Review Board only reviews projects outside the City limits but inside the UGA boundary so
there was no need for UGA Board review. Secondly, if evidence was provided in written or oral
form and the Board was present and received it, all the Board had to do was hear it. The Board did
not have agree to it or comment. There is evidence presented from both the appellants and the
developer that the Board did receive all evidence.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari,
' Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
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March 7, 1995
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to uphold the
decision of the Planning and Zoning Board.
Councilmember Janett asked about Council's discretion in modifying the Planning and Zoning Board
decision or in providing direction to the Board or developer with regard to desirable changes.
City Attorney Roy replied that a typical example of a modification would be to attach a condition
related to the criteria in Section 29-116. The direction could also be in the form of an additional
condition.
Councilmember Kneeland stated the Board was consistent in properly interpreting and applying
relevant provisions of the Code. Specifically, the allegations that Criterion #6 was not met are
disproved by not allowing development above the Dixon Canyon lateral and by the significant set
backs. There is substantial evidence in the record that shows in satisfaction of Criterion #7, the
developer considered the micro climate of the foothills and the various topographical features of the
area.
Councilmember Smith expressed concern about the view from the foothills and about the transfer I
of density rights.
Councilmember Apt stated he would not support the motion. He stated he did not believe Criterion
#6 had been met. There has been inadequate analysis of the views given the impact on the foothills.
He stated the street for Cluster E is at 5200 feet which puts the structures at 5235 or 5240 feet which
pushes the legal limit.
Councilmember Janett stated she would not support the motion. She stated there is not sufficient
evidence on the following four issues:
- preservation of the views from above and below;
- height limitation on units on the higher elevations of the project;
- impact on wildlife habitat;
- structural designs to deal with high winds.
The vote on Councilmember Kneeland's motion to uphold the decision of the Planning and Zoning
Board was as follows: Yeas: Councilmembers Azari, Kneeland and McCloskey. Nays:
Councilmembers Apt, Janett, Smith and Wanner.
THE MOTION FAILED.
March 7, 1995
Councilmember Janett made a motion, seconded by Councilmember Apt, that Council modify the
Planning and Zoning Board decision and approve the Cluster Development Plan with the condition
that further evidence be presented to the Planning and Zoning Board on the question of whether the
entire Plan complies with Criterion #6. This evidence is to be presented at the time of the Board's
consideration of the first phase of the final subdivision plat. Based upon its review of this evidence,
the Board is to determine whether any changes in the Plan are necessary in order to satisfy the
requirements of Criterion #6. Such changes may include, but need not be limited to, building
heights, number of units, east -west view corridors and the potential relocation of Cluster E.
Mayor Azari stated she would not support this motion because there is not enough information to
modify the Board decision on the floor.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Janett,
Smith and Wanner. Nays: Councilmembers Azari, Kneeland and McCluskey.
THE MOTION CARRIED.
Ordinance No. 15, 1995,
' Appropriating Prior Year Reserves in the
Cultural Services and Facilities Fund for a
City of Fort Collins/Colorado State University
Performing Arts Complex Architectural Study and
Authorizing an Intergovernmental Agreement
for Such Purpose, Adopted on Second Reading,
The following is staff's memorandum on this item.
`Executive Summary
This ordinance, which was adopted 6-1 on First Reading on February 21, appropriates $10,000 in
the Cultural Services and Facilities fund to be used along with $7,500 in existing appropriations
(Cultural Plan dollars) to cover the City's share of costs associated with the proposed City of'Fort
Collins/Colorado State University Performing Arts Complex Architectural study
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 15, 1995, on Second Reading.
Councilmember Janett stated she had voted against this ordinance on First Reading. She stated the
study is a positive step that the City and CSU want to work together on projects but projects like this
' should be presented during the City's budget process. Large capital projects need to be seen together
and prioritized by the community.
479
March 7, 1995
The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt,
Azari, Kneeland, McCluskey, Smith and Wanner. Nays: Councilmember Janett.
THE MOTION CARRIED.
Other Business
Councilmember Smith expressed concern that the R-F zoning conditions do not match with PUDs
and do not reconcile with the LDGS. He suggested the Growth Management Committee look at
ways to improve the process.
Mayor Azari asked that the Youth Advisory Board review a packet of information from Youth
Services America relating to National Youth Service Day, scheduled for April 25.
Councilmember Janett requested a two -page memo specifying where in the September, 1994 minutes
for the annexation and zoning of the Overland Trail property, there was discussion of the density
from the upper zone being applied to the lower zone as was written in the annexation agreement.
She stated she did not recall that it was discussed.
The meeting adjourned at 10:45 p.m.
ATTEST:
Adiournment
all