HomeMy WebLinkAboutMINUTES-07/15/1997-RegularJuly 15, 1997
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 15, 1997, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Yeas: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and
Wanner. Nays: None.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Council liaisons to various Boards and Commissions presented Plaques to outgoing Board and
Commission members.
AI Baccili, 520 Galaxy Court, questioned when the E-911 charges would be reduced.
Mark Englund, Hewlett-Packard's "Bike to Work Day" coordinator, spoke of the number of
participants in the "Bike to Work Day" activities and thanked the City and staff for rising to the
challenge.
Terry Rudd, Hewlett-Packard's "Bike to Work Day" coordinator, thanked Councilmember Smith
for his efforts.
Citizen Participation Follow-up
Councilmember Smith requested staff forward a two -page memo to A] Baccili regarding E-911
charges. He emphasized the need to educate the public on how and when 911 is to be used.
City Manager John Fischbach thanked Councilmember Smith for his work on the "Bike to Work
Day" event.
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City Manager John Fischbach reported there was a revised Item #33, Second Reading of Ordinance
No. 112, 1997, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera
Radar and Red -Light Cameras to Enforce Traffic Violations, in Council's "Read Before the
Meeting" folder.
July 15, 1997
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CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 28. 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 will be considered separately under Agenda Item 935, Pulled Consent Items.
7. Second Reading of Ordinance No. 96 1997 Amending Chapter 25 of the City Code
Regarding Tax and Utility Rebates
The gross income eligibility guidelines for the tax and utility rebate programs have not been
increased since the inception of the rebate programs and the number of eligible participants
has dropped since 1994. To provide consistency among City programs, staff proposes using
the area median gross income limits used by the City's HOME Program. An increase in the
gross income limits will result in an increase in rebate payments of about 18%.
The property tax and utility rebate programs use a different measure of income eligibility
than the sales tax rebate program. To provide consistency in all programs, the income .
guidelines should be the same. Ordinance No. 96, 1997 was unanimously adopted on First
Reading on July 1, 1997.
8. Second Reading of Ordinance No. 97- 1997, Amending Chapter 26 of the City Code to
Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers in
Furtherance of its Purposes,
Article X, Section 20 of the State Constitution provides the ability to create enterprises. The
City of Fort Collins acted to established its electric, water, waste water, and storm water
utilities as enterprises subsequent to the passage of Article X. Legal interpretations of the
section suggest that the City amend the Code to clarify the powers of the enterprises. Prior
to issuing bonds for the water and waste water utilities, corresponding sections of the Code
have been modified. Ordinance No. 97, 1997, which was unanimously adopted on First
Reading on July 1, 1997, authorizes the Stormwater Utility to make appropriate changes to
the Code relating to Stormwater management.
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In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The goal of this two-year program is to support the local
economic base by providing modest tax relief to manufacturing concerns located in Fort
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July 15, 1997
• Collins. During 1996, the City of Fort Collins received $4,502,114 in use tax receipts from
companies within the Standard Industrial Code classification for manufacturers. This
constitutes 75% of all use tax paid by local businesses in 1996. Ordinance No. 98, 1997, was
unanimously adopted on First Reading on July 1, 1997.
10. Second Reading of Ordinance No. 99 1997 Appropriating Unanticipated Revenue in th
:u•.nof 1 for the FortCollinsPolice•.th Criaes Team Summer
This Ordinance appropriates unanticipated revenue in the amount of $1,250 for the Fort
Collins Police Services, Youth Crimes Team Summer Projects.
Fort Collins Police Services, Youth Crimes Team has been awarded a grant by the Fort
Collins Community foundation to help fund two summer programs.
The first is designed to positively affect at -risk youth in the community. At -risk youth will
be identified by members of the Youth Crimes Team and personal contact will be made with
the child and his/her parents. Together they will develop a plan to best help the child. -As
part of the plan, the officer will take the child to athletic events, swimming, golfing, hiking,
_ etc., in an attempt to spend as much quality time with the child as possible. During this time
the officer will work with the child to set goals and work on individual problems. The object
is to establish a positive police role model for the child and to help them make worthwhile
changes in their lives.
The second is a gang tattoo removal project. Dr. Diane Duncan, a local Plastic Surgeon, will
donate her time to remove gang tattoos from area youth at no cost to the patient. A Denver
company will donate a laser needed for the process but requires the patient to pay for the
laser tip. The cost is $150 per session as the tip is not reusable. Most gang members who
want tattoos removed are not able to afford the $150 fee and part of the grant will be used
to offset this expense.
Ordinance No. 99, 1997 was unanimously adopted on First Reading on July 1, 1997, and
appropriates unanticipated revenue in the amount of $1,250 for the Fort Collins Police
Services, Youth Crimes Team Summer Projects.
This Ordinance, which was unanimously adopted on First Reading on July 1, 1997,
appropriates $24,949 in unanticipated revenue in the General Fund for the Radon Program.
The funds come from grant monies from the Colorado Department of Public Health and
IsEnvironment (CDPHE) Radiation Control Division and from revenue received from the sale
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July 15, 1997 ,
of radon test kits. The funds will be used to continue the radon education, testing, and
mitigation programs and to expand a radon potential mapping study of the Fort Collins
Urban Growth Area (UGA).
A. Second Reading of Ordinance No. 101, 1997, Annexing Property Known as the
Burlington Northern/McClelland Drive Annexation to the City of Fort Collins,
Colorado.
B. Second Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Burlington Northern/McClelland Drive Annexation.
On July 1, Council unanimously adopted Resolution 97-92 Setting Forth Findings of Fact
and Determinations Regarding Burlington Northern/McClelland Drive Annexation.
On July 1, Council also unanimously adopted Ordinance No. 101 and 102, 1997, which is
an involuntary annexation and zoning of an enclave of approximately 0.5 acre of railroad
right-of-way, located south of Drake Road, between McClelland Drive and Redwing Road.
The recommended zoning is C - Commercial.
APPLICANT: City of Fort Collins
OWNER: Burlington Northern Railroad
13. Items Relating to the Link-N-Greens 4th Enclave Annexation and Zoning
A. Second Reading of Ordinance No. 103, 1997, Annexing Property Known as the
Link-N-Greens Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 104, 1997, Amending the Zoning District Map
of the Code of the City of Fort Collins and Classifying for Zoning Purposes the
Property Included in the Link-N-Greens Annexation to the City of Fort Collins,
Colorado.
On July 1, 1997, Council unanimously adopted Resolution 97-93 Setting Forth Findings of
Fact and Determinations Regarding Link-N-Greens Annexation.
On July 1, 1997, Council also unanimously adopted Ordinance No. 103 and 104, 1997,
which annex and zone an enclave of approximately 2 acres of the Cache La Poudre River and
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July 15, 1997
• adjacent bike trail, located between Riverside and Lemay Avenue. The recommended
zoning is C-C-R, Community Commercial - Poudre River District.
APPLICANT: City of Fort Collins
OWNER: Dorothy A. Whisler
c/o Link-N-Greens Corporation
777 East Lincoln Avenue
Fort Collins, CO 80524
A. Second Reading of Ordinance No. 105, 1997, Annexing Property Known as the West
Drake Road 2nd Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado.
On July 1, 1997 Council unanimously adopted Resolution 97-94 Setting Forth Findings of
is Fact and Determinations Regarding West Drake Road 2nd Annexation.
On July 1, 1997, Council also unanimously adopted Ordinance No. 105 and 106, 1997, on
First Reading which annex and zone an enclave area of approximately 2.3 acres in size,
located on the south side of West Drake Road, between Taft Hill Road and Overland Trail.
The site consists of one parcel which contains a single family residence. The recommended
zoning is R-L, Low Density Residential.
APPLICANT: City of Fort Collins
OWNER: Richard W. and Colleen Hoffman
1804 Wallenberg Drive
Fort Collins, CO 80526
Ordinance No. 107, 1997, which was unanimously adopted on First Reading on July 1, 1997
authorizes the terms of the lease for 123 North College Avenue and will permit the Latimer
County Treasurer's Office to remove the leased property from the tax rolls in accordance
with C.R.S. Sections 31-15-801 and 802.
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July /5, 1997 ,
16. Second Reading of Ordinance No 108. 1997 Authorizing the Sale of Real Prosy Known
as the WTP House located at Water Treatment Plant #2. 4316 LaPorte Avenue to A -One
Iffieriff0mron ,1
The City no longer has need for the house located at Water Treatment Plant #2. A request
for bids was sent to all housemovers and other interested parties. Based on the responses
received, staff is recommending the sale to A -One Housemoving. Ordinance No. 108, 1997
was unanimously adopted on First Reading on July 1, 1997,
17. First Readina of Ordinance No. 111 1997- Amending Section I of Ordinanc.�5 �9
and Sections 2-453 and 29-692 of the Code, Pertaining to the Adoption of the Lan Use.,
When Council adopted the Land Use Code earlier this year, provisions were included in
Ordinance No. 51, 1997, to keep necessary previously adopted land development regulations
in effect for the purpose of reviewing projects that had already received a degree of plan
approval according to criteria established in Ordinance No. 161, 1996, commonly referred
to as the Transition Rules Ordinance.
Ordinance No. 51, 1997 incorrectly referred to those projects that qualified to continue to be
processed under the previously adopted land development regulations as "pending" projects.
This wrongfully implied that all such projects were currently under development review by
the City. Ordinance No. 161, 1996 applies to a broader class of projects, and was
specifically intended to allow these projects a specified time period within which they must
be submitted in order to be reviewed under the previously approved regulations. Section 1
of this Ordinance corrects that oversight by striking the word "pending" from Section 1 of
Ordinance No. 51, 1997.
The remainder of this Ordinance implements other "housekeeping" clarifications to both
Ordinance No. 51, 1997, as well as sections of the Code of the City of Fort Collins,
necessary to clarify and eliminate confusing redundant language relating to the duties of the
Zoning Board of Appeals, and to update the definition of "building permit" contained in the
Code of the City of Fort Collins to be consistent with the definition and use of the term in
the Land Use Code.
None of these changes affect the substantive intent of the originally adopted ordinances, and
are proposed here to provide clarification regarding application of the Transitional Land Use
rules.
18. First Reading of Ordinance No 1 14. 1997. Amending Section 3 and Exhibit B of Ordinance
No. 161, 1996.
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July 15, 1997
• Ordinance No. 161, 1996 established an extended time line for the submittal of preliminary
and final Planned Unit Developments (PUD) and subdivision plats under the City's previous
regulations when an approved Overall Development Plan (ODP) had resulted in development
that provided the infrastructure to serve at least 20% of the property in the ODP. During
implementation of this Ordinance, staff became aware that this same provision should be
applied to those properties for which a preliminary PUD has received approval and been
developed resulting in the provision of the same amount of infrastructure.
tMR, , U 0134 u
A. First Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the Code of the
City of Fort Collins So as to Add a New Article Pertaining to Administrative Fees.
B. First Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City
Code Pertaining to the Sale or Disposition of Real Property.
These Ordinances are being presented to follow-up on a change in the Financial Management
Policies that was approved by the Council on June 17 of this year. Ordinance No. 115, 1997,
would provide for the amounts of user fees to be established administratively by the City
Manager, subject to certain broad criteria contained in the Ordinance. Ordinance No. 116,
1997 would amend the provisions of the City Code to clarify that the short-term use of City
facilities does not constitute a lease of those facilities, so that charges for such short-term use
may be administratively established.
20. First Re?,4!939K*ZtJnance No. H 7 1997 Amending Chapter 3 of the City Code Rela "n-
to Alcohol Beverages
In 1996, the Liquor Enforcement Division of the Colorado Department of Revenue formed
a Liquor Code workgroup, which was asked to formulate recommendations to recodify and
clean up the liquor laws as contained in Articles 46 and 47 of Title 12 of the Colorado
Revised Statutes. The Workgroup was comprised of representatives from local and state
government, the liquor and beer industry, law enforcement, the legal profession, and the
Colorado Municipal League. HB 1076 was introduced at the last legislative session and
passed. The newly recodified Beer and Liquor Codes take effect July 1, 1997. This
Ordinance amends the Chapter 3 of the City Code to harmonize the provisions of the City
Code with the provisions of the newly recodified Beer and Liquor Codes. In addition, this
Ordinance includes minor housekeeping amendments.
21. Items Relating to the D[y Creek Drainage Basin Proiect and the Summityiew W,?,ter Uy�,.
PrQJect in Coordliation with the Timberline Extension Proiect.
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July 15, 1997
A. First Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves From
the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin Capital
Project.
B. First Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside
Transmission Line Project to the Summitview Water Line Project.
Dry Creek Drainage Basin Capital Project. The Dry Creek Master Drainage Plan identified
the need for a regional channel through the Dry Creek basin from west of College Avenue
to the Poudre River. The Timberline Road extension, a Choices 95 project, proposed an
alignment which paralleled the channel alignment from the Poudre River north to the Fort
Collins Downtown Airport. In order to minimize future impacts to the public, and realize
savings associated with joint construction for both projects, the schedule for the first phase
of the Dry Creek Channel was moved up to coincide with the Timberline Extension project.
The proposed appropriation would be used to construct approximately 2,700 feet of grass
lined open channel, a 135 foot slab bridge at State Highway 14 (Mulberry Ave), a siphon to
pass the Cache la Poudre Inlet Ditch under the proposed Dry Creek channel, and a 55 foot
slab bridge at Lincoln Avenue. Landscaping and wetland mitigation are also included in the —
project.
Westside Transmission Line Project: Also, in order to avoid future cost and disruption of
traffic and service, and realize savings associated with joint construction, staff is pursuing
the installation of approximately 1200 feet of 24-inch water line at the intersection of
Highway 14 and Timberline which is called for in the City's Water Transmission Master
Plan. The $325,000 needed for this project is being transferred from the Westside
Transmission Line Project, which is completed and has a remaining balance of just over
$400,000. In 1983, the Council appropriated into a capital project account funds for the
Westside Transmission Line Capital Project, for the construction of eight miles of
transmission line in the west and southwest portions of the city.
22. First Reading of
Ordinance No. 121
1997
Dedicating Two Waterline Easements to Fort
Collins -Loveland
Water District and
Two
Sewerline Easements to South Fort Collins
Sanitation District
for Huntington Hills
PUD
6th Filing,
The Fort Collins -Loveland Water District is requesting two waterline easements totaling .278
acre and South Fort Collins Sanitation District is requesting two sewerline easements totaling
.902 acre located along the westerly boundary of the future Fossil Creek Community Park.
These easements are needed to provide increased service to the Huntington Hills PUD 6th
Filing and other developments in the surrounding area.
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July 15, 1997
• Staff from Parks Planning and Development and Forestry has approved the easement location
requests from the Districts. These easements have been located on the ground to minimize
disturbance to existing trees and to Fossil Creek Community Park in general. The Ordinance
authorizes the City Manager to negotiate a price for the easements, based upon the fair
market value of the property, adjusted to reflect the benefits to be gained by the City, if any,
from the District's improvements.
23. Resolution 97-100 Adopting the Recommendation of the Cultural Resources Board
Regarding Fort Fund Disbursements
The Cultural Development and Programming Account (Fort Fund) is funded by an allocation
of the lodging tax revenues. Applications for grants from this account are reviewed by the
Cultural Resources Board of the City of Fort Collins and recommendations for funding are
submitted to the Fort Collins City Council for final approval.
Events may be cultural, ethnic, historic, educational or recreational in nature and reflect the
values and traditions of Fort Collins. Events of this type will have a wide appeal for a
significant part of the community, thereby advancing the good of all. The resulting
economic and non -economic benefits of the event will promote the general welfare of the
inhabitants of the City.
24. Resolution 97-101 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Annexation Proceedings for Such Property to Be Known as the Timberline
Annexation.
The property being considered for annexation has, for a period of not less than three (3)
years, been completely surrounded by property contained within the boundaries of the City
of Fort Collins. The property being considered for annexation is approximately 435 acres
in size and is located generally east of the Union Pacific Railroad tracks, north of East Drake
Road, and south and west of the Burlington Northern Railroad tracks. The property is
primarily in agricultural use, although located along the west side of Timberline Road are
industrial uses, including Bredero Price Company and a number of small businesses in the
former Fort Collins Pipe Company building. The proposed zoning for this annexation
includes a number of different districts: I - Industrial, E - Employment, LMN - Low Density
Mixed Use Neighborhood, UE - Urban Estates, MMN - Medium Density Mixed Use
Neighborhood and NC - Neighborhood Commercial.
The proposed Resolution states that it is the City's intent to annex this enclave property and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances on August 19, 1997. Not less than thirty
is
days prior published notice is required by State law.
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July 15, 1997 ,
25. Resolution 97-102 Consenting; to the Amended Indenture of Trust of the Poudre River Trust,
Resolution 97-102 was initiated at the request of the Trustees of the Poudre River Trust.
This Resolution would formalize the City's approval of the Amended and Restated Indenture
of Trust of the Poudre River Trust.
The Poudre River Trust was formed in 1984 by Gene Mitchell, as Truster, and other
interested parties. The purpose of the nonprofit organization is to promote revitalization
along the Cache la Poudre River in Fort Collins, with special emphasis on the downtown
core area. The Trust has four primary areas of concern: history, natural resources, recreation,
and mixed -use development.
The original Trust Indenture was approved by City Council on November 15, 1983 in
Resolution 83-196. Council approval was obtained because the Trustor anticipated a close
working relationship between the City of Fort Collins and the Trust. The original Trust
Indenture specified that Trustees must be approved by Gene Mitchell as Truster and City
Council. The document also requires submittal of an annual report to the Council.
26. Resolution 97-103 in Support of the Proposed Legislation to Address Colorado's Statewide
Long-term Transportation Needs.
This Resolution offers the City Council's support of the Colorado Transportation Network's
proposal to increase certain funding sources to finance the State's transportation needs.
The proposal will ask Colorado voters in the November 1997 election to approve: a "New
Wheels on the Road" fee that would levy a one-time, $100 fee to people moving to Colorado
or adding a vehicle; an increase in registration fees of $10/motor vehicle, and an increase
in fuel tax by 5 cents a gallon. This is projected to generate $2.4 billion. The plan will also
boost local transportation. Forty percent of the new revenues go to individual cities and
counties, making it easier for localities to decide and fund their own priority transportation
projects. If passed, these revenues will provide over $1.0 million annually to Fort Collins
for transportation needs.
These funds will be combined with other mechanisms to create a $6.0 billion financing
package to assist in funding the State of Colorado's 20-year transportation shortfall of $13.0
billion. This funding will be used to fund the twenty-eight priority projects in the State's
primary transportation corridors. Included in these corridors are North 1-25 and North US
287.
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July 15, 1997
• 27. Resolution 97-104 Making Appointments to Various Boards and Commissions
is
Vacancies currently exist on various boards and commissions due to resignations of board
members and the expiration of terms of members of boards and commissions.
Applications were solicited during March and April. Council received copies of the
applications and Council teams interviewed applicants during May, June and July.
This Resolution makes 14 appointments to 6 boards and commissions. Names of those
individuals recommended for appointment by each Council interview team have been
inserted in the Resolution.
This Resolution also affirms the appointment of individuals recommended to the Youth
Advisory Board by the Youth Leadership Committee of Team Fort Collins. Names of those
individuals have been inserted in the Resolution.
28. Routine Easement,
A. Deed of Easement from Gateway American Properties, to install conduit for future
electrical service to Tract A, located at 3102 Wheatgrass Court. Monetary
consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No 96 1997 Amending Chapter 25 of the City Code
Regarding Tax and Utility Rebates
S. Second Reading of Ordinance No 97 1997 Amending Chapter 26 of the City Code to
Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers in
Furtherance of its Purposes.
10. Second Rea&2 of Ord*nance No. 99 1997 Appropfiating Unanticipated Revenue in th
Amount of 1 for the FortCollinsPolice Services•. i Summer
11. Second Readinia of Ordinance No 100, 1997 Appropriating Unanticipated Reve-lue ij AIA
General Fund for the Radon Program,
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Judy 15, 1997
12. Items Relating to the Burlington Northern/McClelland Drive Enclave Annexation,
A. Second Reading of Ordinance No. 101, 1997, Annexing Property Known as the
Burlington Northern/McClelland Drive Annexation to the City of Fort Collins,
Colorado.
B. Second Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Burlington Northern/McClelland Drive Annexation.
A. Second Reading of Ordinance No. 103, 1997, Annexing Property Known as the
Link-N-Greens Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 104, 1997, Amending the Zoning District Map
of the Code of the City of Fort Collins and Classifying for Zoning Purposes the
Property Included in the Link-N-Greens Annexation to the City of Fort Collins,
Colorado.
A. Second Reading of Ordinance No. 105, 1997, Annexing Property Known as the West
Drake Road 2nd Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado.
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16. Second Reading of Ordinance No.
108 1997
Authorizing
the Sale of Real Prol2eEty Known
as the WTP House- located at
Water Treatment
Plant 92,
4316 LaPorte Avenue to A -On
• •. 11• 1'
!1 ' , 1 me=m=all 4 •1 411 • 1'
A. Second Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2
Annexation to the City of Fort Collins, Colorado.
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July 15, 1997
• B. Second Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of
the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the K-2 Annexation to the City of Fort Collins, Colorado.
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33. Second Reading of Ordinance No. 112, 1997. Appropriating Unanticipated Revenue in the
General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic
Violations.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
17. First Reading of Ordinance No. 113. 1997, Amending Section 1 of Ordinance No 51. 1997
and Sections 2-453 and 29-692 of the Code, Pertaining to the Adoption of the Land Use
Code.
18. First ReadinQ of Ordinance No. 114, 1997. Amending Section 3 and Exhibit B of Ordinanc
No. • •`•
A. First Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the Code of the
City of Fort Collins So as to Add a New Article Pertaining to Administrative Fees.
B. First Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City
Code Pertaining to the Sale or Disposition of Real Property.
20. First Reading of Ordinance No...
to Alcohol
21. Items Relating to the DEy Creek Drainage Basin Project and the SUMMitViCW Water Line
Proiect in Coordination with the Timberline Extension Proiect.
A. First Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves From
the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin Capital
Project.
B. First Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside
Transmission Line Project to the Summitview Water Line Project.
22. First Reading of Ordinance No 121 1997 Dedicating Two Waterline Easements to Fort
Collins -Loveland Water District and Two Sewerline Easements to South Fort Collins
Sanitation District for Huntington Hills PUD 6th Filing,
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July 15, 1997
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34. First Reading of Ordinance No 122 1997 Making Certain Revisions to the Land Use Code
to Implement Recommendations of the Land Use Code Advisory Committee
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
City Manager John Fischbach commented on the world map, located on the second floor of City Hall
West, showing where local companies do business around the world. He stated the Human Rights
Ordinance Task Force has been working to develop recommendations to update the ordinance. He
reported repaving of College Avenue is nearly completed and gave a brief report on the Timberline
Extension project.
Councilmember Reports
Councilmember Smith reported the Metropolitan Planning Organization met and discussed changes
in project funding for the Berthoud Bypass project.
Councilmember Mason stated the Growth Management Committee met with staff regarding
proposed changes to City Plan, West Central Neighborhood Plan, and the Master Transportation
Plan. He stated the Committee also briefly discussed Urban Growth Area Intergovernmental
Agreement between the City and County.
Councilmember Bertschy reported on a meeting he attended with the Natural Resources Department
and discussed methods used by other Front Range communities regarding eradication of prairie dogs.
Resolution 97-106
Making Findings of Fact Regarding the Appeal of the
Planning and Zoning Board Approval of the First National Bank Plaza
(formerly Drake Crossing Shopping Center PUD),
Bank Drive -Up Facility and Upholding the Decision of the Board, Adopted,
The following is staffs memorandum on this item.
"Executive .Summary
On May 12, 1997, cut appeal of the April 28, 1997 final decision of the Planning and Zoning Board
to approve the First National Bank Plaza (formerly Drake Crossing Shopping Center PUD), Bank
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Judy 15, 1997
• Drive -Up Facility was filed by 60 Appellants (Charles Ackerson, 2354 Hampshire Court,
representative for the Appellants).
On July 1, 1997, City Council voted to uphold the decision of the Planning and Zoning Board. In
order to complete the record regarding this appeal, the Council should adopt a Resolution making
findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The appellants' notice of appeal was based on allegations that:
"The Planning and Zoning Board ignored or failed to interpret and adhere to guidelines, policies,
and certain specific criteria in the City's Land Development Guidance System (LDGS); the
documents that provided the foundation for this system (e.g. Goals and Objectives, Land Use
Policies Plan); the portions of the new City Plan that were adopted prior to this development
proposal and are elements of the City comprehensive plan (e.g. Vision and Goals 2015, the City
Structure Plan, and the Principles and Policies); and Design Standards and Guidelines for All
commercial Development that was updated in 1195. This document was to provide standards and
serve as interim requirements for retail and commercial development in Fort Collins until the new
City Plan was implemented "
"The Planning and Zoning Board considered evidence relevant to its findings which was
substantially false and misleading. "
"The Applicant failed to submit the necessary revised site plan and revised traffic study to the City
Planning Department by the deadline of April 91h, which was two days prior to the Planning
Department's final review. These documents were not suhmitted until April 16, at the earliest, and
were not given to the parties -in -interest (appellants) until April 18, despite repeated requests by the
appellants to the transportation staff. "
Al the July 1, 1997 hearing on this matter, Council considered the testimony of City staff, the
Appellant, and the opponents of the appeal. In subsequent discussion at this hearing, Council
determined that the Board did conduct a fair hearing and did properly interpret and apply relevant
provisions of the Land Development Guidance System.
City Council determined to uphold the decision of the Planning and Zoning Board. "
Councilmember's Byrne and Mason withdrew from discussion on this item due to perceived conflict
of interest.
City Attorney Steve Roy explained the purpose of the Resolution, noting it was to formalize
Council's decision and findings.
15
July 15, 1997
0
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Resolution
97-106. Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Items Relating to the K-2 Enclave
Annexation and Zoning. Adopted on Second Reading,
The following is stafrs memorandum on this item.
"Executive Summit
A. Second Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2
Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
K-2 Annexation to the City of Fort Collins, Colorado.
On July 1, 1997, Council unanimously adopted Resohution 97-99 Setting Forth Findings of Fact and
Determinations Regarding K-2 Annexation.
On July 1, 1997, Council also adopted by a vote of 5-1, Ordinance No. 110, 1997, and unanimously
adopted Ordinance No. 111, 1997, which annex and zone an enclave area of approximately 29.7
acres in size, located east of I-25, 114 mile north of Vine Drive and south of the Larimer and Weld
Canal. The site includes a wholesale distribution: business, boat and RV storage and agricultural
feed sales on three separate parcels of land. The recommended zoning is I, Industrial.
APPLICANT: City of Fort Collins
OWNERS. David Ball
HUB Enterprises
P.O. Box 2307
Fort Collins, CO 80522-2307
Frank A. Just
1050 Greenfield Court
Fort Collins, CO 80524
A. L. Gilbert Company
P. 0. Box 38
Oakdale, CA 95361 "
16
July 15, 1997
• Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 110, 1997 on Second Reading.
Councilmember Kneeland opposed the motion stating there would be an opportunity to protect the
City's interest when and if significant development occurs. She stated annexation at this time would
subject area businesses to undue financial burdens.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Mason, Smith and Wanner. Nays: Councilmember Kneeland.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 111, 1997 on Second Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 112, 1997
Appropriating Unanticipated Revenue in the General Fund
for the Use of Camera Radar and Red -Light Cameras
to Enforce Traffic Violations. Adopted as Amended on Second Reading
The following is stairs memorandum on this item.
"Financial Impact
In using camera radar and red-lighl cameras ("traffic cameras') during the upcoming year, the City
estimates that it will receive approximately 5651, 360 in unanticipated revenue. This would be offset
by contract payments totaling $502, 060 to American Traffic Systems (A 1 S) for equipment provided
and services rendered The remaining balance of unanticipated revenue of S149, 300 will be used
to pay for any additional costs the City's Municipal Court, Police Services, Traffic Engineering and
CityAttomey's Office may incur in the future related to the use of traffic cameras or other programs
intended to address the City's current traffic problems.
Executive .Summary
Ordinance No. 112, 1997 was adopted 4-2 on First Reading on July], 1997 and since first reading
of the Ordinance appropriatingfinds to continue the camera radar operation, staff has continued
contract negotiations with American Traffic Systems (ATS). City staff has been successful in
negotiating significant contractual details which make the continuation of the use of camera radar
• technology a viable option for the city. After examining the program results, discussing contract
17
.July 15, 1997
details with ATS, and researching the options to use this technology, staff recommends the City
continue to operate one speed traffic camera city-wide and the two red-light cameras at the
intersection of College Avenue and Drake Road This will continue the present level of service
provided to the community.
BACKGROUND:
Speeding is one of the primary complaints the City receives from citizens. Since 1990, over 4, 000
citizens have been injured in the more than 30,000 reported traffic crashes in Fort Collins and
twenty-eight individuals have lost their lives in these traffic crashes. Last year over 4,800 traffic
crashes were reported in Fort Collins. Traffic crashes don't just happen, they are caused Vehicle
speeds are a major contributing factor to crashes and their severity.
The goal of the traffic camera program is simply to reduce the number and severity of traffic crashes
and reduce the total number of it jmy accidents.
Camera radar has been operating and inswing speeding violation notices and citations since August
1, 1996. While the program is less than a year old, it appears to be having a positive effect on
reducing the level of speeding in the community. Since the program's inception, motorists'
compliance rates to the posted speed limits have more than doubled, the ratio of tickets issued to
vehicles monitored has declined, and community members have observed and commented on less
threatenirng traffic behaviors. Additionally, when comparing January through May 1996 to the same
period in 1997, the numbers of traffic crashes has decreased by 6.9% and the number of in jury
accidennts has beet reduced by 7%. It appears camera radar is having a positive effect in reducing
the number and severity c f both traffic and u jnury accidents.
Update:
Since the last City Council meeting, staff has been negotiating contract conditions and program
costs with ATS as well as exploring other traffic enforcement options. Staff has made significant
progress in negotiating terms of an addendum to the existing contract which make continuation of
the program a viable option. Those salient issues include:
(1) continuation of the same operational level as in the past (1 speed camera and 2 red-light
cameras),
(2) a month -to -month contract with a 60-day rolling termination clause,
(3) waiver of the equipment deposit,
(4) restructure of the TraffiCourt software site license from a single payment to three monthly
payments, and
(5) the camera and vehicle equipment lease payment reflects a capital lease whereby the City
builds equityand will own the equipment after three years, thus reducing the fiaure cost of
the program.
18
July 15, 1997
• In addition to defining the contract issues, staff has explored other options including: (1) the cost
to purchase the equipment and operate the program independent of ATS; and (2) to replace the
traffic cameras with traffic officers. To purchase the equipment front ATS would cost the City
approximately $1.7 million excluding the necessary staff costs to support the program. ATS
estimates it would require 11.5 TTEs to support the system. The equipment start-up costs are
[7
presented below:
• Speed Camera SystemslVehicles S120, 000
• Red Light Camera Systems 144,000
a Computer and Processing Equipment 150,000
• Business Processing Modeffoftware Site Licenses/ 750,000
Business Process Documentation
• Integration and Training 550,000
TOTAL S1,714,000
At this time, staff does not recommend the outright purchase of the equipment as it is costly and it
remains uncertain how the citizens will respond to the program in light of the changes required by
Senate Bill 36. Additionally, the technology continues to evolve and purchasing the equipment today
may render it obsolete in the fidure. Consequently, continuing to contract for the services and
technology appears prudent.
Staff also considered the options of replacing the camera unit with officers dedicated to traffic
enforcement. As the contract cost projections were reduced, it significantly diminished this option
as it would require more officers than the contract costs would provide 10 match the efficiency of
the technology. The ideal option would be to provide more traffic officers and equip them with the
traffic camera lechnology to maximize efficiency.
Staff recommends operating one speed camera radar unit city-wide approximately 7 hours per day,
24 days a month, and the 2 existing red-light cameras at the intersection of College Avenue and
Drake Road 24-hours per day. This is our current standard of operation. This deployment is
projected to generate revenue totaling 5651, 360 and would be offset by contract payments totaling
5502, 060 to ATS. The remaining balance of revenue will be used to pay for any additional casts
Municipal Court, Police Services, Traffic Engineering and the City Attorney's Office may incur
related to the use of the traffic cameras or other programs intended to address the City's current
traffic problems. "
Chief of Police Dennis Harrison reviewed changes made to the Ordinance between First and Second
Reading.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 112, 1997 as amended on Second Reading.
19
July IS, 1997 ,
Mike Landen, 2617 Treemont Drive, opposed camera radar and urged Council to hire additional
officers to mitigate traffic problems.
Al Baccili, 520 Galaxy Court, concurred with comments made by the previous speaker and
emphasized the need for additional police officers.
Danny Wickle, a Fort Collins resident, thanked staff for placing a traffic light at the intersection of
Mulberry and Meldrum Streets.
Harrison responded to Council questions and stated the most common complaint by citizens is
traffic. He responded to questions regarding parking of the camera radar vehicle, clarifying that the
Police Department is exempt from the parking statutes.
Councilmember Byrne supported camera radar and spoke of the cost of policing.
Councilmember Kneeland spoke of the need for additional traffic calming methods and supported
the motion.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED. 0
Ordinance No. 122, 1997
Making Certain Revisions to the Land Use Code
to Implement Recommendations of the Land Use
Code Advisory Committee. Adopted on First Reading
The following is staffs memorandum on this item.
"Executive .VunYm=
This Ordinance contains a large number of revisions to the Land Use Code. These revisions can
be classified into two groups. The first group consists of changes to the Laird Use Code that are
being recommended to Council by the Land Use Code Advisory Committee (LUCAC) as part of the
Judy Land Use Code clean-up ordinance. The second group of Code changes are staff recommended
"housekeeping" revisions to the Code which were not reviewed by the LUCAC.
When Council adopted the new Land Use Code earlier this spring, it was widely recognized that all
issues were not resolved and that the Code needed to be viewed as a "living document ", subject to
ongoing adjustment and refinement. In the adoption hearings, staff testified that there would likely
be a series of "clean -rip" reviews and ordinances coming to Council within the first year to fix ,
901
July 15, 1997
• errors, respond to emergent issues and to resolve any unintended problems created by the Code.
The first of these "clean-up " ordinances was presented to Council on April 15. This Ordinance is
the second "clean-up" ordinance. Staff expects that a third and final "clean-up" ordinance will
likely be required late in 1997.
Shortly after adoption of the Land Use Code, the Home Builders Association filed a notice of protest
with the City Clerk, indicating its intent to collect signatures to call for a referendum on the Land
Use Code. The Home Builders Association cited a number of concerns with the new Code, many
relating to the potential for the new Code requirements to increase the cost of housing in Fort
Collins. Staff worked with the Home Builders to clarify their concerns, and to develop a work plait
and a process to evaluate and respond to those concerns without resorting the referendum process.
This Ordinance responds to the first set of LUCAC's recommendations, as well as other issues
identified by staff.
Land Use Corte Advisory Committee Issues and Work Plan
The LUCAC was formed to examine issues raised by the Home Builders, as well as other
"housekeeping" type changes required in the new Code. LUCAC members inclnrde a halarrced mix
of previous City Plan Advisory Committee members, Home Builders Association members and other
conrmrrrrity representatives. The LUCAC is charged with investigating a nurnrber of specific issues.
A workplan to address these issues was developed by staff. That workplan organizes the LUCAC
issues into the following workgroups:
Group A:
Density Range Issues
Group B:
Garage Standards Issues
Group C:
Lot Development Standards - Cost issues
Group D:
Contiguity Issues
Group E:
Park Master Plan Accommodation Issues
Group F:
Other Minor Issues for .Iuly Ordinance:
A copy of the LUCAC's workplan is attached to this memo for reference.
The LUCAC recognized that some items on its work plan, such as detailed review of the garage
standards and lot development cost issues, could not be resolved in time for the July ordinance.
While work has begun on these items, recommendations regarding these issues will be delayed until
later this year.
A. Land Use Corte Advisory Committee Recommendations
The LUCAC recommendations on workplan issues are briefly summarized below.
Group A: Density Range Issues
21
July 15, 1997
Amend the LtLIN zone to exempt small in -fill parcels (20 acres or less) from the minimum
density standard of 5 units per acre. Also, adopt a definition of "in -fill development " area
to support application of this exemption.
This relates to issue A.1 of the LUCAC's work plan. Three staff memos providing background
information, analysis and options regarding this issue are attached for reference.
Section 41 of the attached ordinance implements this recommendation.
Revise the LAN maximum density limitation to be based on gros's density rather that? L
density.
This relates to Issue A.4 of the LUCAC work plan. A staff memo to the LUCAC providing analysis
and options regarding this issue is attached.
Sections 37, 41, and 54 of the attached ordinance implement this recommendation.
Other density issues will be deferred for action later this year.
Group B: Garage Standards Issues
Amend the Residential Building Standards contained in 3.5.1 of the land Use Code to
increase the maximum allowable garage percentage of the front facade of attached single-
family dwellings from 25% to 50% to be consistent with the requirements for detached
single-family dwellings.
This relates to issue B.1 of the LUCAC work plan.
Section 23 of the attached ordinance implements this recommendation.
Other garage standards issues will be deferred for action until later this year.
Group C: Lot Development Standards - Cost issues
No recommendations have yet been developed regarding the Lot Development Standards issues -
action On these issues will be deferred until later this year.
Group D: Contiguity Issn?es
4. Amend the contiguity requirement contained in 3.7.2 of the Land Use Code to exempt
individual phases of master planed projects to be exempt fn•om the contiguity requirement,
provided that the phase be part of an Overall Development Plan (ODP) that does meet the
22
July IS, 1997
• contiguity requirement and that all parts of the phase be within % mile of existing urban
development.
0
This relates to Issue D.1 of the LUCAC work plan. A staff memo to the LUCAC providing analysis
and options regarding this issues is attached.
Section 30 of the attached ordinance implements this recommendation.
This recommendation has not resolved the contiguity issue for the LUCAC. Although there was
agreement that at least this modification should he made to the standards, there continues to be
substantial disagreement among committee members regarding the intent and appropriateness of
the contiguity standard. The LUCAC will continue to evaluate the contiguity standard, and
additional recommendations regarding this issue may be developed later this year.
Group E: Park Master Platt Accommodation Issues
S. Amend the Land Use Code to specifically reference the Parks and Recreation Policy Plan
Master Plan to ensure that planned frail linkages and other parks facilities identified in the
plan he accommodated by new development.
This relates to Issue E. I of the LUCAC work plan.
Sections 20 and 21 of the attached ordinance implement this recommendation.
The LUCAC did not review the staff recommendation regarding this issue. However, staff is
offering the recommendation directly to Council as a housekeeping item.
Group F: Other Minor IssuesforJudy Ordinance:
6. Change the Alternative Compliance language contained in various Article 3 General
Development Standards to empower the "decision making body ", rather than "the Director"
to approve Alternative Compliance plans. This will clarify the Planning and Zoning Board's
authority in Type 2 review processes.
This relates to Issue F.1 of the LUCAC work plan.
Sections 11, 15, 16, 26, and 28 of the attached ordinance implement this recommendation.
Add a new section to the Code containing enabling language to continue fee rehates far
affordable housing projects. This it a "housekeeping" fix to remedy an oversight that
resulted in this previously adopted ordinance from not being inchided in the Land Use Code.
23
July Is, 1997
0
This relates to Issue F.2 of the LUCAC work plan.
Section 4 of the attached ordinance implements this recommendation.
8. Retain the Type I review process for telecommunications equipment in predominately
residential zones, rather than changing the review process for these uses to a Type 2 review
process.
This relates to Issue F3 of the LUCAC work plan. A staff memo to the LUCA Cproviding analysis
and options regarding this issue is attached
Since no changes to the code are required to maintain current practice, no of sections of the
attached ordinance relate to this recommendation.
9. Amend the uses permitted in the LMN zone to allow offices, and financial institutions, and
clinics smaller than 5, 000 squtcn-e feet he pernnitled in neighborhood Centers through a Type
I review process.
This relates to Issue F.4 of the LUCAC work plan. A staff memo to the LUCAC providing analysis
and options regarding this issue is attached. 0
Sections 39, 40, 43 of the attached ordinance implement this recommendation.
10. Amend the Residential Building Standards for multi family buildings contained in 35.2 of
the Land Use Code to eliminate the requirement that the entrances to all dwelling units the
visible from a public street.
This relates to Issue E5 of the LUCAC work plan. A staff memo to the LUCA Cproviding analysis
and options regarding this issues is attached
Section 22 of the attached ordinance implements this recommendation.
B. Other Minor Corte Revisions Recommended by Staff
The following additional Code revisions are less substantive and have not been reviewed with the
Land Use Code Advisory Committee. These revisions can generally be considered "house- keeping"
revisions.
11. Make minor revisions to the Landscaping Standards contained in 3.2.1 to he more practical
and to provide clarification of requirements. Change the mininnnm area requirements for
non paved landscaped areas to receive 'full tree" stocking form 80 to 55 square feet.
24
• Sections 8, 9, and 10 of the attached ordinance implement this recommendation.
s
Judy 15, 1997
12. Revise 1.6.1 to remove the requirement that any attorney retained by the City to act as a
hearings officer for Type I reviews be licensed to practice in Colorado.
Section 2 of the attached ordinance implements this recommendation.
13. Refinement and clarification of the enforcement provisions contained in Section 2.13 of the
Land Use Code. The change proposed here is to give City officials the authority to enforce
code requirements immedialely upon discovery of a Land Use Code violation, rather than
continuing the existing requirement that the City give 10 days written notice before initiating
enforcement actions. City officials would continue to have the option of providing such
written notice, but would be empowered to act more quickly in appropriate situations.
Sections 5, 6, and 7 of the attached ordinance implements this recommendation.
14. Revise 2.2.3 to include clarified procedures for execution of Plats and Deeds.
Section 3 of the attached ordinance implements this recommendation.
15. Revise 3.2.2 (.1) to establish a mininnum size threshold of 6 parking spaces or 1,800 square
feet below which parking lot landscaping standards will not apply.
Sections 12 and 14 of the attached ordinance implement this recommendation.
16. Revise 3.2.2 (K)(2)(a) to clarify that parkingraliosfor non-residential uses listed in the table
represents the maximum number of parking spaces allowed, not required.
Section 13 of the attached ordinance implements this recommendation.
17. Revise 3.3.2(C)(7) to clarify that on -site streets improvements must be completed prior to
issuance of a building permit.
Section 17 of the attached ordinance implements this recommendation.
18. Revise 3.3.2(D)(1)(c) and 3.3.2(F)(2) by replacing the word "residential " with "local" to
describe the street. The word local also includes the commercial and industrial type of
streets.
Sections 18 and 19 of the attached ordinance implement this recommendation.
25
.Irrly 15, 1997
0
19. Revise 3.3.2(F)(2) to provide the correct the Code section reference relating to the Street
Standards contained in Chapter 24 of the Code.
Section 19 of the attached ordinance implements this recommendation.
20. Revise 3.5.3(B)(d)(4) to clarify the Mixed Use and Commercial Building Standards relating
to pedestrian walkways.
Section 24 of the attached ordinance implements this recommendation.
21. Revise 3.6.1(A) by replacing the word "connector" with "collector" to describe the correct
functional classification of streets on the Master Street Plan.
Section 25 of the attached ordinance implements this recommendation.
22. Revise 3.6. 3(G) by replacing the word "new " with "residential " in order to insure that the
prohibition of gated communities applies to existing development as well as new projects.
The limitation as written would only prevent new developments from being gated, not old
ones.
Section 27 of the attached ordinance implements this recommendation.
23. Revise 3.6. 6 generally to make a number of clarifications to Emergency Service access
requirements. Revise 3.6.6(C) to change the section title to `Building Placement" instead
of `Fire Code Requirements. " None of the listed items are stated the same as the Fire Code.
It is more correct to just describe the subject. Also Revise 3.6.6(C)(1) to remove the "(1) "
from the section description. This is nno longer needed for the new title 'Building
Placement. " Delete the word "major" from the third line describing arterial streets. For
new developments the Poudre Fire Authority Policy is not to fight fires from any arterial
street, not first major arterial streets. Also revise 3.6.6(C)(2) to move the paragraph relating
to fire access roads to section 3.3.6(D). Also revise 3.6.6(D) to change the section title to
"Access Roads"f-om " Access Road Width". The new title covers the broader topics under
the new heading. Insert paragraph 3.6.6(C)(1) as paragraph 3.6.6(D)(1), a paragraph
describing fire access roads. Insert a new paragraph 3.6.6(D)(2) regarding access road
width requirement of 20 feet with the exception allowed for the new residential street
standards. This paragraph was in the last revision of the LDGS and got left out of this
version of the Land Use Code. Label the original paragraph in this section as "(3) ".
Sections 29, 30 and 31 of the attached ordinance implement this recommendation.
24. Revise 3.7.3(E)(1)(d) regarding water level of service standards by adding clarifying
language to the standard.
26
.July 15, 1997
• Section 34 of the attached ordinance implements this recommendation.
25. Revise 3.8.12 to include County residential zones in the separation requirements for Adult
Uses.
Section 36 of the attached ordinance implements this recommendation.
26. Revise 4.3.(D)(2) to clarify dimensional standards for child-care centers and alley accessed
garages in the RL zone.
Section 38 of the attached ordinance implements this recommendation.
27. Revise 4.4(D)(3)(c)to exempt land contained in schools and parks from counting towards the
5 acre maximum area allowed in neighborhood centers in the LMN zone.
Section 41 of the attached ordinance implements this recommendation.
28. Revise 4.8.(B) to permit hed and breakfast establishments in the NCB zone through building
permit review. This corrects all oversight, as these were previously permitted in the NCB
zone prior to adoption of the Land Use Code.
Section 44 of the attached ordinance implements this recommendation.
29. Revise Article 4 permitted use lists generally to refer to "Vehicle minor repair, servicing
and maintenance establishments" instead of 'Minor vehicle repair establishments" to
provide additional clarity.
Sections 46, 47, 48, 49, 50, and 51 of the attached ordinance implement this recommendation.
30. Revise 4.23(E)(2)(a)(1) to include County residential zones in the buffering requirements of
the Industrial zone, as well as refine the landscaping requirements in regard to building
along an arterial street.
Sections 52 and 53 of the attached ordinance implement this recommendation.
31. Revise 5.1.2 to clarify the definition of a `Local street": by adding the following language:
"and which serves to provide access to abutting property and serving local as distinguished
from through traffic ". Definitions of the other streets described a purpose where this one
did not have the purpose stated.
Section 54 of the attached ordinance implements this recommendation.
27
.hdy 15, 1997
0
32. Revise Article 5 to include a definition of "affordable housing".
Section 54 of the attached ordinance implements this recommendation.
33. Revise Article 5 to include a definition Of `open air farmers market ".
Section 54 of the attached ordinance implements this recommendation.
34. Revise the definition of "pedestrian oriented development" contained in Article 5 to clarify
its meaning.
Section 54 of the attached ordinance implements this recommendation.
35. Revise the definition of pedestrian scale (human scale) " contained in Article 5 to clarify
its meaning.
Section 54 Of the attached ordinance implements this recommendation.
36. Make numerous non -substantive typographical and stylistic changes throughout the Code.
Planning and Zoning Board Review and Recommendation -.
The Planning and Zoning Board held a public hearing oil these proposed Code revisions at its Ju ne
30, 1997 meeting. The Board recommended that Council adopt the Code revisions as recommended
by staff, with the exception of the revisions related to Issue # 4: revision of the contiguity standard
for master planned projects, outlined above. The Board recommended that no changes be made to
the contiguity standard at this time, since staff expects the LUCAC committee to continue to discuss
the issue and there is the possibility that additional revisions to the contiguity standards may be
forth comingfrom the LUCAC.
Although the Planing and Zoning Board has recommend against making any revisions to the
contiguity at this time, staff continues to recommend the change to the standard outlined above, at
least as an interim measure until further review of the issue is complete. Regardless of the other
issues associated with the contiguity standard, there is agreement oil the LUCAC that multi phase,
mixed use, projects should be able to defer commercial development to later phases. It likely that
multi phase, mixed use projects may be submitted for review prior to the next opportunity to make
revisions to the Land Use Code. Staff also committed to the Homebudders Association to
recommend this revision to Council as part of the Judy clean-up ordinance.
The Planning and Zoning Board also recommended that staff evaluate changing the review process
for `Artisan, photography studios and galleries "from a Type 2 review process to a Type 1 review
process in the LMNzone. The Board acknowledged the need to ensure that this change would not
28
.hdy 15, 1997
• apply to potential high impact uses use as foundries or cabinet making shops. Staff has not yet
reviewed this issues to develop any revised definitions that may be necessary to implement this
change, but will include this issue in the next "clean- up" ordinance expected later this year.
Summary of Public Comment Received
In addition to normal public notice associated with the Planning and Zoning Board hearing, staff
mailed notice of the proposed Land Use Code changes to the approximately 1, 600 households on
the City Plan mailing list.
One citizen offered comments on the proposed Code revisions at the Planning and Zoning Board
hearing. This person expressed concern that issue #3 above, changes to the garage standards for
attached single family units, was being considered independently of a more thorough review of all
of the residential garage standards. "
Policy Analyst Tom Vosburg gave a staff presentation on this item and reviewed the recommended
changes stating the majority of the changes were clean-up changes. He responded to Council
questions regarding infill development and the definition of infill development densities and
contiguity requirements.
Chief Planner Ken Waido responded to Council questions regarding affordable housing subsidies
reporting there have not been any developers, to date, able to provide affordable housing units with
out some type of subsidy.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 122, 1997 on First Reading,
Kimberly Maevers, Director of Government Affairs, Homebuilder's Association of Northern
Colorado, thanked staff and Council for creating the Land -Use Code Advisory Group and spoke in
support of the staff recommendation regarding Code modifications and contiguity requirements.
John Meleski, 2619 Featherstar Way, expressed concerns regarding garage design and opposed
adoption of the Land -Use Plan.
Councilmember Mason offered a friendly amendment to the previous motion to bring back on
Second Reading an amendment to provide a Type 2 review for telecommunications equipment in
residential areas.
Councilmember Kneeland accepted the amendment as friendly.
Councilmember Wanner spoke of the expense incurred by the City in offering a Type 2 review and
believed the amendment was not necessary.
July IS, 1997
0
After further discussion Mayor Azari suggested the amendment not be considered a friendly
amendment but an amendment on its own.
Councilmember Wanner stated he would accept the amendment on First Reading if Council agrees
that the issue be reviewed in the future.
It was decided the amendment would remain as a friendly amendment to the motion.
Councilmember Wanner thanked staff for its efforts and appreciated that the time table was strictly
followed.
Councilmember Kneeland concurred with comments made by Councilmember Wanner and thanked
the Homebuilder's Association for its productive participation.
Councilmember Smith commented that he would like to revisit the definition of infill and spoke of
the need maintain concurrency with other plans.
Councilmember Mason thanked staff and the Land -Use Code Advisory Committee for their efforts.
Councilmember Byrne concurred with previous comments and spoke of the purpose of the design
competition.
Councilmember Bertschy complimented the Homebuilder's Association for working with staff and
the committee and stated he would like to be kept informed of issues needing further resolution.
The vote on Councilmember Kneeland's motion as amended was as follows: Yeas:
Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
City Attorney Steve Roy suggested adjourning the meeting to July 29 to discuss an ordinance issuing
new Stormwater Utility Revenue Bonds.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adjourn to July
29 at 6:00 p.m. at the Fort Collins Senior Citizen Center. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
30
0
6
The meeting adjourned at 8:40 p.m.
ATTEST:
4
•
Adjournment
31
July 15, 1997