HomeMy WebLinkAboutMINUTES-12/21/1982-RegularDecember 21, 1982
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, December 21, 1982, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Council members: Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves.
Absent: Councilmember Wilmarth.
Staff Members Present: Meitl, M. Davis, Huisjen, Rupel, Hays, Wood,
Dallow, Krempel, Waido, M. Smith.
Agenda Review: City Manager
Deputy City Manager Meitl stated that new Resolutions have been substituted
for the Resolutions in the agenda on Item #15, Resolutions Making Findings
Concerning Appeals of the Planning and Zoning Board on the Ho iday Inn
P.U.D. Master Plan and Phase One Preliminary Plan. The new Resolutions
reflect Counce s vote on the appeals at t e ecember 7th meeting. Since
this was a minor change in the Resolutions, he requested that the item be
left on the Consent Calendar, and the changes would be handled administra-
tively.
Councilmember Clarke requested that Item #11, Hearing and First Reading of
Ordinance No. 163, 1982, Transferring $375,000 from Water Capital Contin-
gency to the Foothills System Improvements Project, be withdrawn from the
nsent Laienoar.
Councilmember Elliott requested that Item #14, Resolution Approving in
Concept a Stormwater Management Strategy Known as Ditch Consolidation, be
withdrawn from the Consent Calendar.
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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
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December 21, 1982
under Agenda Item #27, Pulled Consent Items, except items pulled by anyone
in the audience or items that any member of the audience is present to
discuss that were pulled by staff or Council. These items will be dis-
cussed immediately following the Consent Calendar.
4. Consider Approving the Minutes of the
4, and regular meeting of December 7, 11
ourned meeting of December
5. Second Reading of Ordinance No. 155, 1982, Appropriating Prior Year
Reserves in the General Fund.
This ordinance was unanimously adopted on First Reading on December 7
and implements the 1982 transfer of $577,076 in General Fund Capital
Reserves to the Capital Projects Fund. The amount available in the
General Fund capital reserves was calculated based upon:
0 Carryover from 1981
0 Allocation of 1/40 sales tax in 1982
0 Appropriations made in 1982
The $577,076 is a portion of the 1982 carryover capital reserves that '
was anticipated to be used to finance the 1983 capital program and
approved in the 1983-87 Capital Improvement Program. The approval of
this ordinance moves the 1982 capital reserve from the General Fund to
the Capital Projects Fund in accordance with the adopted 1983 Budget.
How the capital reserves will be used in 1983 given the referral of
the 3/40 sales tax will be discussed in conjunction with the total
capital program at a future worksession. This ordinance only provides
for the accounting change of where 1982 capital reserves will be
located beginning in 1983.
6. Second Reading of Ordinance No. 156, 1982, Transferring an additional
$7,550 from Minor Streets Capital to the Lemay and Horsetooth Median
Staff incorporated the medians on Lemay from Riverside to North of
Mulberry and the medians on Horsetooth from Stanford to J.F.K. Parkway
into one project. The Conceptual Design estimate for this project was
$35,000. On October 5, Council passed and adopted Ordinance No. 108,
1982 transferring $35,000 from Minor Streets Capital to the Lemay and
Horsetooth Median Project.
During Preliminary and Final Design there were several changes in the
scope of work, which increased the cost of the improvements. These
changes were to increase the amount of landscaping and improve the
aesthetics of the medians. '
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December 21, 1982
This Ordinance was unanimously adopted on First Reading on December 7
and authorizes the transfer of $7,550 from Streets Minor Capital to
the Lemay and Horsetooth Median Project to cover those increased
costs.
7. Second Reading of Ordinance No. 158, 1982, Appropriating Prior Year
Reserves in the Tel ep one Fun .
Expenses in the Telephone Fund will exceed current appropriations by
$25,000 for 1982. The increased expense is due to system line expan-
sion and higher than projected long distance telephone usage. In
1983, the Finance Department will be investigating the feasibility of
a telephone usage and management system as a means of reducing costs.
This ordinance was unanimously adopted on First Reading on December 7
and appropriates $25,000 from prior year reserves to pay the addi-
tional expense.
8. Second Reading of Ordinance No. 159, 1982, Appropriating Reserves in
the Water Fund.
Resolution #82-156 authorized the purchase of water storage rights
' from Baller Livestock Company for a total cost of $829,400. The Water
Fund has $119,400 currently appropriated for the purchase of water
rights. The remaining $710,000 is available in water rights reserves
to be appropriated for this purpose.
This ordinance was unanimously adopted on First Reading on December 7
and appropriates $710,000 in Water Fund reserves for purchase of water
storage rights.
9. Hearing and First Reading of Ordinance No. 161, 1982, Annexing Pro-
perty Known As Mobile Premix Prospect Road Annexation.
This is a request to annex 154-acres, located north of the Prospect -
Timberline intersection, zoned FA-1, Farming, and I -Industrial.
10. Hearing and First Reading of Ordinance No. 162,1982, Zoning Property
Known As The Mobile Premix Prospect Roa Annexation.
This is a request to zone 154-acres I-G, General Industrial, located
north of the Prospect -Timberline intersection.
11, Hearing and First Reading of Ordinance No. 163, 1982, Transferring
$375, 000 From Water Capital Contingency to the Foothi s System
Improvements Project.
' The Foothills Water System improvements are required to provide
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December 21, 1982
quality service to the higher elevation west side of the City. The
benefits are both improved quality of service and obtaining more
reliable fire protection. The second phase of this project is to be
constructed in 1983 and includes a 4 million gallon water tank and
approximately 3 miles of water transmission line. Recent soil inves-
tigations, of the only suitable tank sites, indicate that a special
foundation for the water tank will be required. The resulting tank
cost estimate increased from the budgeted amount of $1,125,000 to the
current estimate of $1,500,000, an increase of $375,000. Staff recom-
mends proceeding with design at the preferred site.
The Ordinance authorizes the transfer of $375,000 from Water Capital
Contingency to the Foothills System Improvements Project.
12. Hearing and First Reading of Ordinance No. 164, 1982, Amending Section
9 -1 B of the Code of the City of Fort Collins regarding t o
calculation of Storm Drainaqe Basin Fees.
The purpose of this ordinance is to make the present method of cred-
iting on -site detention in basin fee calculations more accurate. The
ordinance provides an adjustment formula to be applied to unusually
large or small parcels - sizes outside the range of the present
method.
13. Hearing and First Reading of Ordinance No. 165, 1982, Revising The
Procedure For Appealing Decisions Of Various Boards, Commissions and
Authorities to the Counci .
Since the adoption of a uniform appeals procedure, the Council has
considered several appeals from the Planning and Zoning Board. The
preparation of transcripts for these appeals has made some problems
with the procedure apparent. The amendment to the appeals process
can be applied to the appeal from any board, commission or authority.
14. Resolution Approving in Concept a Stormwater Management Strategy Known
as Ditch Consolidation.
Staff presented background material to the City Council at a work -
session on December 14, 1982, concerning a proposed stormwater manage-
ment strategy known as Ditch Consolidation. This strategy involves
entering into a cooperative agreement with the New Mercer Ditch
Company and the Larimer County Canal No. 2 Irrigation Company whereby
the City would make use of existing canals of the companies for the
collection and disposal of stormwater runoff in return for certain
guarantees to the ditch companies for delivery of their irrigation
waters.
sm
December 21, 1982
This resolution endorses the concept of ditch consolidation while
requesting the Storm Drainage Board and the Water Board to continue
their investigations and make a final recommendation on this matter
sometime in the future.
15. Resolutions Making
Planning and Zonin
Phase One Preliminar
Findings Concerning Appeals of the Decision of the
g Board on the Holiday Inn P.U.D. Master Plan and
ME
A. Resolution Making Findings Concerning the Holiday Inn P.U.D.
Master Plan.
On December 7th, Council heard an appeal concerning the decision of
the Planning and Zoning Board to approve the Holiday Inn P.U.D. Master
Plan. Following the hearing on the appeal, Council voted 6-1 to
uphold the decision of the Planning and Zoning Board approving the
Master Plan for the development. The Resolution formalizes Council's
findings on this matter.
B. Resolution Making Findings Concerning the Holiday Inn P.U.D. Phase
One Preliminary Plan.
On December 7th, Council heard an appeal concerning the decision of
the Planning and Zoning Board to approve the Holiday Inn P.U.D. Phase
One Preliminary Plan. Following the hearing on the appeal, Council
voted 5-2 to uphold the decision of the Planning and Zoning Board
approving the Phase One Preliminary Plan for the development. The
Resolution formalizes Council's findings concerning this appeal.
16. Routine Easements Granted by Bartran Homes. Inc.
It was not known at the time Village West was originally platted in
1973 that the parcel to the east would be purchased for a City park.
Before the park purchase, a forty -foot wide easement between the two
parcels was dedicated for utility and storm drainage purposes. This
new easement from Bartran Homes grants the City the additional right
to use the easement for public access to Rolland Moore Park. The
easement granted is located east of Scarborough Drive and is being
granted to the City for a consideration of $1.
Ordinances on Second Reading were read by title by Molly Davis, Deputy City
Clerk.
Item #5. Second Reading of Ordinance No. 155, 1982, Appropriating Prior
Year Reserves in the General Fund.
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December 21, 1982
Item #6. Second Reading of Ordinance No. 156, 1982, Transferring an
additional $7,550 from Minor Streets Capital to the Lemay and
Horsetooth Median Project.
Item #7. Second Reading of Ordinance No. 158, 1982, Appropriating Prior
Year Reserves in the Telephone Fund.
Item #8. Second Reading of Ordinance No. 159, 1982, Appropriating Reserves
in the Water Fund.
Ordinances on First Reading were read by title by Molly Davis, Deputy City
Clerk.
Item #9. Hearing and First Reading of Ordinance No. 161, 1982, Annexi
Property Known As Mobile Premix Prospect Road Annexation.
Item #10. Hearing and First Reading of Ordinance No. 162,1982, Zoning
Property Known As The Mobile Premix Prospect Road Annexation.
Item #11. Hearing and First Reading of Ordinance No. 163, 1982, Trans-
ferring $375, 000 From Water Capital Contingency to the Foothills I
System mprovements Project.
Item #12. Hearing and First Reading of Ordinance No. 164, 1982
Section 93-15— Bi of the Code of the City of Fort C
garding the calculation of Storm Drainage Basin Fees.
Item #13. Hearing and First Reading of Ordinance No. 165, 1982
The Procedure For Appealing Decisions Of Various Board
sions and Authorities to the Council.
Amending
lens re-
Revising
Commis-
Councilmember Clarke made a motion, seconded by Councilmember Reeves,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and
Reeves. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Unanticipated
Revenue in the Self Insurance Fund,
Adopted as Amended on Second Reading
Following is the staff's memorandum on this item:
"Ordinance No. 157, 1982 was unanimously approved on first reading December
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December 21, 1982
7th and appropriated $45,194 in unanticipated revenue to cover life in-
surance premiums not previously budgeted in the Self Insurance Fund. Based
upon previous medical claims and life insurance premium cost estimates to
be charged against this Fund, the $45,194 was sufficient to cover projected
costs.
However, additional amounts to be spent in the Self Insurance Fund are
greater than anticipated. Medical claims have since been identified and
the appropriation approved on December 7th needs to be amended as follows:
Life Insurance premium costs of $45,194 (as approved on Decem-
ber 7th) represent the City's contribution during 1982. Addi-
tionally, the employees contribution of $45,194 for 1982 will
be expensed against the Self Insurance Fund. Total 1982 life
insurance premiums, therefore, are $90,388 requiring a total
appropriation of: $90,388
Administrative costs are projected to be $6,622 more than
previously estimated. The administrative cost is the contract
with the claims administrator and the contract amount fluctu-
ates monthly based upon the number of City employees receiving
employee insurance benefits in any given month. With the
adjustment of the City's employee benefit policy coverage for
part-time employees, the Self Insurance Fund has received
increased contributions from other City departments in order to
pay the increased administrative costs, requiring an additional
appropriation of: $ 6,622
Based upon medical claims made in recent months (claims made
during October were double the previous average monthly claims
amount), an additional appropriation will be required.
Prior year reserves are available in the Self Insurance Fund to
cover these additional claims. In order to cover the greater
than anticipated claims to date, to provide for claims through
year-end, and to provide a contingency for any additional
claims greater than the average anticipated monthly amount, an
additional appropriation is required totalling:
TOTAL APPROPRIATION AMOUNT $257,010
As outlined on the attached revised financial statement, the
Self Insurance
Fund is soundly financed and
currentlyhas sufficient revenues and reserves
to cover projected expenses.
Rates charged to departments
are based upon
'
the worst possible case and
Self Insurance Fund's annual
estimated administrative costs.
appropriation is based on "best
Because the
estimates" and
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December 21, 1982
actual costs are determined after the fact, the Fund is managed and moni-
tored to assure sufficient available reserves to cover unanticipated
expenses as outlined above.
The attached ordinance appropriates $257,010 in unanticipated revenue and
prior year reserves in the Self Insurance Fund as outlined below:
ORDINANCE
AS APPROVED
AMENDED
FUNDING
DESCRIPTION
DECEMBER 7th
ORDINANCE
SOURCE
Life Insurance Premium
$45,194
$ 90,388
Unanticipated
Revenue
Administrative Costs
--
6,622
It
Medical Claims
--
160,000
Prior Year
Reserves
TOTAL
$45,194 $257,010
If this Ordinance is not approved, the Self Insurance Fund will exceed
appropriations in 1982 even though reserves were established for this
purpose and adequate resources are available to be appropriated.
The 1983 Budget incorporates the City's contribution for life insurance in
the Self Insurance Fund. Additional appropriations for the total life
insurance premium cost (City and employee contributions) and medical
claims greater than anticipated will be submitted for your approval as
required in 1983."
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 157, 1982 on Second Reading.
Councilmember Reeves made a motion, seconded by Councilmember Knezovich,
to appropriate a total of $257,010.
Councilmember Knezovich asked for an update on the self insurance program.
Deputy Finance Director Pete Dallow stated the program is soundly financed,
and the City has met or exceeded its objectives in savings. Claims ex-
ceeded the City's best estimates, but adequate reserves are being main-
tained.
Councilmember Knezovich asked about the re -insurance feature to cover
catastrophic illnesses.
Deputy Finance Director Dallow stated we do have a stop loss insurance
policy.
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' December 21, 1982
Councilmember Knezovich commended staff for their work in developing this
program.
Councilmember Clarke commented on rising medical costs and asked if there
will be an increase in 1983 costs per employee.
Deputy Finance Director Dallow stated that the adopted 1983 budget is lower
than current claims experience would demand, which will require an amend-
ment to the budget. The per employee rate will not be adjusted.
Councilmember Clarke asked if the charges to departments for self-insurance
might be increased to make sure we keep up with rising medical costs.
Deputy Finance Director Dallow replied staff would be looking at that
option in reviewing the amendment to the 1983 budget.
Councilmember Reeves asked about end of year payments of claims and about
claims trends for the other cities contributing to this self-insurance
program.
' Deputy Finance Director Dallow replied there are some 1982 claims reserved
for payment in 1983, but most claims are paid in a short time.
The vote on the motion to amend Ordinance No. 157, 1982 on Second Reading
was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak,
Knezovich, and Reeves. Nays: None.
THE MOTION CARRIED.
The vote on the motion to adopt Ordinance No. 157, 1982 as amended was as
follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich,
and Reeves. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Additional Revenues
for Special Improvement District No. 77 -
Boardwalk and Landings Drive, Adopted on Second Reading
Following is the staff's memorandum on this item:
"In September, Council established Special Improvement District No. 77
to construct the street and utilities on Boardwalk Drive and Landings
Drive in the South College Properties area.
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December 21, 1982 '
To date, $783,000 in anticipated bond proceeds has been appropriated
for S.I.D. #77. This ordinance which was unanimously adopted on First
Reading on December 7 would appropriate $73,000 in remaining revenue for
the project."
Mayor Cassell and Councilmember Reeves withdrew from discussion and voting
on this item. Assistant Mayor Knezovich chaired this portion of the
meeting.
Councilmember Elliott made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 160, 1982 on Second Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, and Knezovich. Nays: None. (Councilmembers
Cassell and Reeves withdrawn)
THE MOTION CARRIED.
Mayor Cassell and Councilmember Reeves returned to the meeting at this
time.
Resolution Adopted Authorizing the Purchase
of Equipment for the Expansion of WTP #2
Following is the staff's memorandum on this item: '
"In 1979 a 10 MGD expansion of Water Treatment Plant #2 was undertaken.
Part of this expansion called for three filter basins to be completed and
for three filter basins to be left uncompleted. Funds were budgeted in
1982 to begin the completion of the second three filter basins. To com-
plete these filters requires the installation of some filtration equipment.
It is the Water Utilities desire to duplicate the three filters completed
in the 1979 expansion by installing the same equipment in the three un-
finished filters. The equipment and suppliers are as follows:
1. Kennedy Adap-torq butterfly valves $ 34,797
with controls supplied by ITT
Grinnell, Denver, CO
2. Neptune microfloc filter media 69,205
supplied by Water Control Corp,
Denver, CO
3. Leopold surface wash equipment and 48,986
filter bottoms supplied by Water-
works Sales CO, Denver, CO
4. Rodney -Hunt Slide Gates supplied 16,275
by Rodney -Hunt Co., Orange, MA '
TOTAL $169,263
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December 21, 1982
The duplication of equipment has the following advantages:
1. The three additional filters would function like the three ori-
ginal filters. This would allow the six filters to function as
one unit.
2. Modifications to the existing structure would not be required.
The three filters to be completed were constructed to conform to
the equipment used in the 1979 expansion.
3. There would be no need for additional operator training as the
operators are already familiar with the present equipment.
4. 0 & M manuals would not have to be revised to reflect the instal-
lation of different equipment.
5. Repair part stocks could be kept to a minimum by utilizing the
same equipment manufacturers. Parts and equipment would be
compatible and interchangeable.
Staff recommends approval of this resolution and feels the costs are
reasonable and in line with comparable equipment. Funds are budgeted and
' available."
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to adopt the Resolution.
Councilmember Clarke asked for a comparison of the purchase prices with
prices paid for the same equipment in 1979.
Mike Smith, Director of Water Utilities, stated this is a price increase of
about 10% over 1979 prices, and these are fair prices.
The vote on the motion to adopt the Resolution was as follows: Yeas:
Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves.
Nays: None.
THE MOTION CARRIED.
City Attorney's Report
City Attorney Huisjen stated he had no report.
City Manager's Report
' Deputy City Manager Meitl stated he had no report.
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December 21, 1982
Councilmembers' Reports
1. Councilmember Clarke reported on discussions at the NLC business
committee meeting concerning teflon coated bullets and protective
vests.
2. Councilmember Clarke suggested forming a Fort Collins Task Force on.
drunk driving.
3. Councilmember Clarke reported that new Transfort buses will be de-
livered to service the new routing system by January 20th.
4. Councilmember Horak reported on the MPO's Urban Area Policy Committee
recommendations to COG for appointments to the Highway Commission: (1)
Dick Albrecht; (2) Steve Erickson; (3) Jerry Roselle; and (4) Marj
Walsh.
5. Councilmember Horak reported that the MPO boundaries for planning in
the Fort Collins area are now basically the same as the Urban Growth
area; with the exception of the Laporte area, the Dixon Reservoir area,
and the proposed Anheuser-Busch site. '
6. Councilmember Knezovich supported banning teflon bullets and the con-
cept of hand gun control.
7. Councilmember Reeves reported on .the airport committee meeting.
Proposed airport design guidelines will be presented to Council in
early 1983. The City Attorney has also prepared a report on an Airport
Authority, with suggestion to limit.the powers of such an Authority.
The Airport Authority issue may be scheduled for a work session in
January.
Ordinance Transferring $375,000
from Water Capital Contingency
to the Foothills System Improvements
Project, Adopted on First Reading
Following is the staff's memorandum on this item:
"The Foothills Water System improvements are required to provide quality
service to the higher elevation west side of the City. The benefits are
both improved quality of service and obtaining more reliable fire protec-
tion. The second phase of this project is to be constructed in 1983 and
includes a 4 million gallon water tank and approximately 3 miles of water. '
transmission line. Recent soil investigations, of the only suitable tank
m
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December 21, 1982
sites, indicate that a special foundation for the water tank will be
required. The resulting tank cost estimate increased from the budgeted
amount of $1,125,000 to the current estimate of $1,500,000, an increase of
$375,000. Staff recommends proceeding with design at the preferred site.
Funds are available in the Water Capital Contingency for transfer to the
Foothills System Improvements Project due to delayed projects and/or
projects which were under budget. (Prior to 1982, all appropriations for
Water capital projects were put into the Water Capital contingency until
the project was ready to proceed.)
The attached Ordinance authorizes the transfer of $375,000 from Water
Capital Contingency to the Foothills System Improvements Project."
Councilmember Clarke expressed concerns about building a water tank on
bentonite shale, and asked if there were other viable site options.
Mike Smith, Director of Water Utilities, replied there are no other site
options.
Councilmember Clarke asked if the City could obtain guarantees from the
engineers on this project to take responsibility if problems would occur.
' Mike Smith replied that the consultants are aware of the bentonite problem
and are preparing a conservative design for the project.
Councilmember Clarke also suggested obtaining a second opinion on the
site.
Mike Smith stated a second opinion could be obtained. He commented on the
differences between bentonite shale and clay, and stated other structures
are located on this same formation. Shale is more stable that clay.
Curt Miller, project engineer, explained the differences between bentonite
shale and bentonite clay, and stated no piers would be set in the shale for
this project. A second study would cost around $15,000.
Councilmember Knezovich suggested that a second opinion or engineering
guarantees should be obtained before this Ordinance is adopted on Second
Reading.
Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to
adopt Ordinance No. 163, 1982 on First Reading, and to instruct staff to
bring back more information prior to Second Reading on January 4. Yeas:
Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves.
Nays: None.
I
THE MOTION CARRIED.
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December 21, 1982
Mayor Cassell directed that this Ordinance not be placed on the Consent
Calendar on January 4th for Second Reading.
Resolution Adopted Approving in
Concept a Stormwater Management
Strategy Known as Ditch Consolidation
Following is the staff's memorandum on this item:
"Staff presented background material to the City Council at a worksession
on December 14, 1982, concerning a proposed stormwater management strategy
known as Ditch Consolidation. This strategy involves entering into a
cooperative agreement with the New Mercer Ditch Company and the Larimer
County Canal No. 2 Irrigation Company whereby the City would make use of
existing canals of the companies for the collection and disposal of
stormwater runoff in return for certain guarantees to the ditch companies
for delivery of.their irrigation waters.
This concept is included in an agreement which has been drafted by a
steering committee composed of the presidents of the ditch companies, '
representatives from the City Storm Drainage Board and the Water Board, and
members of the City Staff. The ditch companies have requested that the
City Council review the proposed agreement and express their interest in
the concept prior to the ditch company annual meetings in January.
The Storm Drainage Board and the Water Board have expressed some reser-
vations on the ultimate benefits and costs to the City and the Storm
Drainage Board has not recommended approval of the agreement at this time.
Further information and clarification on some points will be prepared by
the staff.
Staff recommends approval of the attached resolution which endorses the
concept of ditch consolidation while requesting the Storm Drainage Board
and the Water Board to continue their investigations and make a final
recommendation on this matter sometime in the future."
Councilmember Elliott expressed concern about the timing on this, and asked
if the ditch companies will act on this soon.
Tom Hays, City Engineer, stated the ditch companies will be meeting in
January. Until all questions are answered, the City will be cautious in
proceeding with the actual agreement.
.Councilmember Elliott made a motion, seconded by Councilmember Horak, to I
adopt the Resolution.
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December 21, 1982
Councilmember Reeves asked about negative comments about this program in
the Storm Drainage Board minutes.
Tom Hays, City Engineer, stated that staff will be presenting a more
complete package of information to the Storm Drainage Board.
Mayor Cassell clarified that this Resolution is endorsing a concept, and
the Storm Drainage Board and Water Board will be proceeding with their
investigation of the issue.
The vote on the motion to adopt the Resolution was as follows: Yeas:
Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves.
Nays: None.
THE MOTION CARRIED.
Citizen Participation
Gloria Bockman, Laporte, addressed the Council concerning library fees for
' outside City users.
Mayor Cassell stated that staff has been directed to bring back alterna-
tives for Council consideration, and a work session will be scheduled for
January 11, 1983. The fee will still take effect on January 1.
Ms. Bockman asked Council to consider suspending the fee until another
solution could be found after discussion with the County Commissioners.
Councilmember Horak made a motion, seconded by Councilmember Reeves, to
suspend collection of the fee until February 1.
Councilmember Elliott supported proceeding with collection of the fee and
suggested refunding the fee if other funds can be found to generate the
necessary revenue.
Councilmember Horak stated that a one -month delay would not have a serious
impact, and supported discussion of the issue before the fee is actually
collected.
Councilmember Clarke commented that another solution may not be found even
if there is a delay.
Councilmember Reeves stated that additional revenue needs to be found in
' some way.
December 21, 1982 '
Mayor Cassell supported collecting the fee as scheduled since the County
has indicated it has no source of funding with the defeat of the proposed
10 sales tax.
Carolyn Haase, 2307 Sheffield Drive, read a letter that was sent to the
County Commissioners on December 3rd regarding a study committee to examine
possible long-range solutions to the County funding problem.
Ms. Bockman stated a long range solution needs to be found to meet higher
costs. She commented that a 30 day suspension of collection of the fee
would at least ensure that all solutions have been examined.
Councilmember Reeves stated one possible solution would be to cut back
library services, but this would not be a good solution.
The vote on the motion to suspend collection of the fee for one month was
as follows: Yeas: Councilmembers Horak and Reeves. Nays: Councilmembers
Cassell, Clarke, Elliott, and Knezovich.
THE MOTION FAILED.
Mayor Cassell stated this would be scheduled for a work session on January I
11th.
Expansion Of A Building Containing A
Non -Conforming Use Located At 811 East
Elizabeth Street (Case No. 70-82), Denied
Following is the staff's memorandum on this item:
"I. Background
The applicant and owner, Dr. Harry Unfug, is seeking approval from the
City of an enlargement of a building containing a non -conforming use.
The building is located at 811 East Elizabeth Street, and is currently
occupied by the Prosthetic Dental Clinic. Dr. Unfug intends to move his
internal medicine practice from its current downtown location to 811 East
Elizabeth Street and bring an associate into his practice. In order to
accommodate his needs, Dr. Unfug is seeking to double the present 1,204 sf
building by adding an additional 1,182 sf on its southeast side.
The building at 811 East Elizabeth Street was built in 1950 as a medical
office while the property was outside of the municipal limits of Fort
Collins. The property was annexed to the City in October 1967 as a part
of a larger area and was zoned R-L, Low Density Residential. Because '
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December 21, 1982
the medical office use is not a permitted use in the R-L zoning district
but was existing prior to the 1967 zoning by the City, the Zoning Ordinance
defines the medical office use at 811 East Elizabeth Street as a "non-
conforming use."
A non -conforming use may continue to be occupied unless active and con-
tinuous operations are not carried on during a continuous period of
one year, whereafter only a conforming use would be allowed. Interior
remodeling or exterior changes could occur without further Planning and
Zoning Board and City Council review. Also, occupants of the building
could change as long as the uses were medical/dental clinics/offices or
were a conforming use in the zone.
The enlargement of a building containing a non -conforming use requires
the approval of the City Council after recommendation by the Planning
and Zoning Board. According to the Zoning Ordinance, in considering a
proposed enlargement the Board shall make a finding as to whether or not
the enlargement will adversely affect the surrounding property Tie
Ordinance provides the following criteria to assist the Board in making
their decision:
1. The nature of the proposed expansion.
2. The size of the proposed expansion.
3. The difference in the degree of use of the non -conforming use
as result of the proposed expansion.
4. The reasons for the proposed expansion.
5. The overall impact of the proposed expansion on the surrounding
property.
The surrounding zoning and land uses are as follows:
North: R-L; single-family.
South: R-L; single-family.
East: R-L; single-family.
West: R-L; single-family.
II. Site Data
Building Footprint
Asphalt Parking
Walks & Green Area
Totals
2,386 sf 8%
7,877 sf 26%
20,387 sf 66%
30,650 sf 100%
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0.7036 ac
December 21, 1982
Maximum Buiding Height: 20-ft
Parking Data: Regular Spaces: 18 (2-19)
Handicapped Spaces 1 (1)
Total 19
III. Nature and Extent of Proposed Enlargement
The existing 1,204 sf single -story brick building is currently occupied
by the Prosthetic Dental Clinic that handles patients in the office with
denture needs and also houses a laboratory which provides dentures for
the Clinic as well as other dentists in the community. The Clinic cur-
rently employs one fulltime dentist plus additional employees in the
laboratory. The site is also improved with an existing asphalt parking
lot that could accommodate between 18-22 vehicles. The rear 205-ft. of
the lot is currently in natural grasses.
The proposed expansion involves nearly doubling the present 1,204 sf
building by adding an additional 1,182 sf on its southeast side. Dr. Unfug
intends to move his current practice of internal medicine from its downtown
location to 811 East Elizabeth Street and will bring an associate into his
practice. Dr. Unfug's practice is expected to require two doctors, four
fulltime and two part-time employees.
The proposed addition will be single -story, hip -roofed and carry through
the scale and detailing of a single-family residence. For instance, the
new addition will be stucco with earth -tone colors and have a shake -shingle
roof. The roof and exterior treatment of the existing structure will be
upgraded to match the new addition. Rigid insulation will be added to the
exterior walls of the existing structure to increase its energy efficiency.
All windows to be installed and all existing windows will be upgraded with
wood thermal pane construction. Skylights may be added to bring natural
light into the interior of the building thereby reducing energy require-
ments of the mechanical lighting system. The addition is shifted approxi-
mately 15-ft to the south of the front of the existing building to create a
40-ft yard to further enhance the building's residential character. The
existing ground -mounted signs will be removed and replaced with low profile
wall -mounted signs similar to what might be expected on a residential
structure.
The parking is shifted from along the Elizabeth Street frontage to the
rear of the new building. A minimum 18-ft setback from the east and west
property lines is provided in addition to extensive landscape screening
and installation of a double -side wood fence. The single-family lots
along the rear of the lot will be separated by a 95-ft buffer area which
includes a new row of pinion pine along the parking lot for screening
purposes.
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1
1
December 21, 1982
The applicant, as part of the application, has agreed to leave the south
95-ft of the property as open space until such time as a new site plan
is submitted for Planning and Zoning Board review and approval in accor-
dance with the Planned Unit Development Regulations. The area will
be kept in natural grasses and maintained and cut. Part of the area may
be used as a vegetable garden during the summer.
IV. Expected Impact and Assessment Summary
In reviewing the application for an expansion of the non -conforming use
located at 811 East Elizabeth Street, the staff considered the following
factors for assessing the effects of the proposal. In considering these
factors, the staff assumed that the current level of activity on the
site produced some impacts and that what was important to consider for this
application was the impact that the enlargement would have over the
existing situation. For the purposes of this report, this difference
is termed "net effect." The impact factors considered are as follows:
The net effect that the enlargement will have over the existing
situation in terms of:
'
a.
Neighborhood character;
b.
Streetscape and City urban design criteria;
c.
Pedestrian safety;
d.
Street capacity;
e.
Privacy;
f.
Parking availability;
g.
Air quality;
h.
Noise;
i
Light and shadow;
j.
Utility capacity;
k.
Fire protection and crime control; and
1.
Exterior lighting.
a. Neighborhood Character. At the neighborhood meeting concerning the
811 East Elizabeth proposal, the question arose as to what impact would
approval of the enlargement request have upon future requests for rezonings
or Planned Unit Developments. And, if approved, would it be "fair" for the
City to deny a rezoning or PUD on an adjacent "similar" property?
The question of whether to allow commercial uses in existing residen-
tial neighborhoods is a hotly debated issue and involves competing
arguments from varying segments of the community: from those citizens
who argue that the market can and will make the best decision as to the
' "highest and best land use," to those who argue in favor of eliminating
commercial uses in existing neighborhoods and advocate strong action by
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December 21, 1982 '
the City. The City's Goals and Objectives clearly supports neighbor-
hood preservation. For example, the document states that the "charac-
ter of new and existing residential neighborhoods be protected against
intrusive and disruptive development" and that the City should "protect
older residential neighborhood areas from encroachment by industrial
and commercial uses which may impair the viability of the residential
neighborhood." A past rezoning request that was denied in the imme-
diate vicinity of the proposal attests to the City's commitment to
these objectives (1976:1008 East Elizabeth Street rezoning from R-L to
R-H). A request for rezoning to a non-residential zone would have to
demonstrate the need for additional commercially -zoned property in the
area and community. With existing undeveloped office space available
in the "Hospital Zone" (i.e., Lemay/Prospect Office PUD and Park
Central PUD), the criteria of need would be difficult to prove in this
block.
The request for enlargement of a building containing a non -conforming
use is a different question than a rezoning or PUD. The issue to
be resolved is not whether the use is appropriate, because it is
already existing. Rather, the issue to be dealt with is whether the
expansion of the building would have "negative effects" on the sur-
rounding neighborhood. After careful evaluation of the plan and
considering the expected impacts of the proposal, and after the
applicant has made a number of significant changes to the building
and site development plan, the staff feels that the enlargement would
not have "negative effects" on the neighborhood. Rather, the revised
plan would eliminate or reduce the "negative effects" of the existing
use.
The condition of an existing non -conforming commercial use in the
neighborhood is not present on any other residentially zoned lot
on East Elizabeth Street. The staff feels that the conditions present
at this location are unique for the neighborhood and would not alone
be justification for approval of another non-residential use in the
area.
b. Streetscape and City Urban Design Criteria. The current building is
a one-story brick commercial building constructed in 1950. The character of
the building is clearly commercial which is further exaggerated by the
large unbroken expanse of parking pavement which covers part of the front
yard and the entire eastern side yard. The commercial character of the site
is contradictory to the existing abutting quality homes. The staff feels
that the applicant has clearly recognized the residential setting in which
the non -conforming use lies and has provided for this factor in the fol-
lowing manner:
614-
' December 21, 1982
1: The applicant is setting back the new addition by 15-ft to help
"break-up" the mass of the building and to complement the front
yard setbacks of other structures on the block;
2. The 40-ft setback of the addition as well as the 25-ft setback of the
existing building will be well landscaped;
3. The existing parking along Elizabeth Street has been removed and
shifted to the rear of the new addition well out of visual sight
of travelers on Elizabeth Street.
4. The existing ground -mounted sign will be removed in favor of a resi-
dential -type wall -mounted identification.
5. The 95-ft rear yard of the site will be maintained as open space.
6. The parking lot will be set back a minimum of 18-ft from the adjacent
lots and will be screened by a 6-ft wood fence and well landscaped.
7. The existing building will be remodelled and the enlargement will
be constructed as a single -story, hip -roofed, warm -toned stucco
finish and carry through the scale and detailing of a single-family
residence.
Overall, the staff feels that the proposed enlargement will improve
the visual appearance of the building and site and be more compatible
with its residential setting than the existing situation.
c. Pedestrian Safety. One area of impact that should be given attention
when considering commercial uses in a residential neighborhood is that the
non-residential development may interfere with sidewalks and bikeways that
could alter the traffic hazard to pedestrians and bicycle riders. In this
project, the pedestrian situation is further complicated by the existence
of a mid -block elementary student crossing directly west of the project.
The staff has carefully evaluated the proposal and feels that the enlarge-
ment would not present additional problems to the flow of pedestrians and
bicyclists along Elizabeth Street for the following reasons:
1. The existing curb cut to the project will be reduced from 30-ft
to 20-ft which should improve channelization of traffic ingressing and
egressing from the site;
2. The peak traffic period for the office use should not interfere
with the peak student and pedestrian periods;
3. The pedestrian signals at the mid -block crossing and the restricted
' speed zone should notify both pedestrians and drivers of the need to be
especially careful in this area;
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December 21, 1982 '
4. The applicant has agreed to post onsite signs warning drivers of school
children; and
5. Low-lying landscaping has been provided at the entrance to maximize
both pedestrian and driver sight distance.
d. Street Capacity. Elizabeth Street as it abuts the subject property
currently handles approximately 6,000 vehicle trips per day. The addi-
tional trips generated by doubling the size of the facility is approxi-
mately 50 additional vehicle trips per day, or 100 trips per day total.
The additional impact upon Elizabeth Street would amount to an increase of
0.8% (50 divided by 6,000). The additional traffic being added to the
existing and future traffic flows along Elizabeth Street is an acceptable
situation. The design changes to the parking lot should make the flow of
traffic into and out of the site safer and more convenient.
e. Privacy. The current building does not appear to intrude upon adjacent
resi ems in terms of "visual" or "auditory" privacy. The location of the
existing parking directly adjacent to the property to the east presents a
privacy problem. The new development is proposing to relocate the parking
to the rear of the building which would negatively impact upon the privacy '
level of 809 East Elizabeth Street. However, staff feels that the privacy
level of both these homes should be improved by the installation of the
6-ft double -sided fence, minimum 18-ft setback, and added shrubbery and
trees. Also, the privacy impact of the parking along Elizabeth Street on
homes across from that street should be improved by moving the parking to
the rear of the building.
f. Parking Availability. The existing building provides between 18-22
parking spaces on site or approximately one space for every 54-66 sf of
floor area. The revised plan indicates 19 spaces being provided or one
space for every 126 sf of floor area. The City's recommended guidelines
for parking indicates for a medical office that between one space per every
161 sf and one space for every 285 sf of floor area be provided. Both the
existing and the proposed facility provides sufficient parking and should
not negatively affect the availability of Elizabeth Street parking.
g. Air Quality. The most significant air quality impacts associated
with commercial development are from site preparation and construction
and by the generation of onsite and offsite vehicle trips. The air
quality impacts of construction in this case should be negligible because
of the relatively small size of the improvements. The City's Construction
Inspectors keep a close watch on all new construction to assure that
uncovered ground areas are not left untreated for extended periods of
time. Assuming that doubling the floor area will mean a net effect of '
doubling the number of vehicle trips, the estimate of atmospheric pollu-
-616-
1 December 21, 1982
tants could also be expected to double. However, the impact of this
additional traffic on air quality should be acceptable because of the low
density character of the surrounding neighborhood, the relatively light
traffic being generated (100 trips per day), the even distribution of
traffic over the day (estimated at 12 trips per hour), the setback of
parking from adjacent residences, and the density of the existing and
proposed vegetation.
h. Noise. The most significant noise impact associated with the enlarge-
ment will be due to vehicular traffic. Again, assuming that traffic will
double because of the doubling of floor area, the noise generated by the
proposal should also be expected to double. The impact. due to the new
addition, however, should improve over the existing situation for several
reasons. The setback of the existing parking from the home to the east is
approximately 5-feet with only a single row of vegetation providing a noise
barrier. The revised plan has provided a minimum 18-ft separation and
shows a 6-ft double -sided wood fence plus extensive landscaping which
should reflect most of the noise back to the site. Also, the circulation
pattern on the site is improved which should allow the flow to be more
"continuous" and speed the ingress and egress of vehicles from and into the
site.
' i. Light and Shadow. The proposed enlargement has considered the casting
of shadows from the site. The proposed enlargement will not affect
the existing level of shadows cast from the site. The applicants have
selectively chosen plant materials which will not cast shadows onto ad-
jacent homes and vegetable garden areas. The existing or current building
does not reflect light onto adjacent residential areas.
j. Utity Capacity. All services are available at the site. The
propose lien argement should not present any service capacity problems.
k. Fire Protection and Crime Control. The proposed enlargement will
not present additional problems for fire and police protection. The
proposed enlargement includes plans for additional security lighting
and security measures for the building which are not now provided.
1. Exterior Lighting. The applicant has provided for exterior lighting
for security purposes. The lighting will be mounted on the building
and will be selected so as to not glare into adjacent residences.
V. Staff Recommendation
Staff has carefully reviewed and analyzed the proposed enlargement of
a building containing a non -conforming use at 811 East Elizabeth Street
' and concludes that the proposal will not adversely affect the surrounding
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December 21, 1982 '
neighborhood. Furthermore, the existence of a commercial non -conforming
use at this location is a unique situation on East Elizabeth Street.
And, because of the uniqueness of the situation, the approval of the
enlargement would not be a basis or reason for recommending approval to
the Planning and Zoning Board or City Council of further encroachment
of non-residential uses in the residential neighborhood. Past land use
decisions by the City and written policy statements in the adopted Goals
and Objectives clearly support the continued preservation of the East
E izabet residential neighborhoods. Further residential conversions
in the neighborhood will be analyzed on their own merits and conformance
with City adopted objectives, policies and criteria. Therefore, staff
recommends approval of the enlargement of a building containing a non-
conforming use located at 811 East Elizabeth Street.
Planning and Zoning Board Recommendation
At their November 22, 1982 meeting, the Planning and Zoning Board recom-
mended to City Council on a 5-0 vote (Dow withdrew) to deny the enlargement
of a building containing a non -conforming use at 811 East Elizabeth Street.
The reasons given for this recommendation were:
a. Neighborhood opposition to the enlargement of the use; '
b. City's commitment to maintain and preserve the neighborhood for
residential purposes as exemplified in statements and written presen-
tation given at the 1976 rezoning denial (1008 East Elizabeth Street);
and
That the approval of the enlargement would be the single most influen-
tial factor in the neighborhood in granting further commercial intru-
sions in the neighborhood."
Mayor Cassell stated that this is not an appeal of a Planning and Zoning
Board decision, but is a new hearing on a matter that would normally come
to Council for consideration.
Mauri Rupel, Development Center Director, gave a staff presentation on the
request for expansion of a building containing a non -conforming use. The
Planning and Zoning Board voted 5-0 to deny the request for expansion.
However, the Planning staff recommended approval based on a determination
that the expansion would not have a negative effect on the neighborhood.
Attorney Bill Brenner, representing the applicant, gave a slide presenta-
tion showing the proposed building expansion and the neighborhood. He
stated that the proposal would ensure buffering so that the building would
blend into the neighborhood better than it does now. The existing building t
KUM
December 21, 1982
is a medical facility, which is a legal non -conforming use. He stated that
the proposal would allow the expanded building to fit visually into the
neighborhood, would address traffic and pedestrian safety problems, and
would have a positive effect on the neighborhood. He summarized the
neighborhood support for the proposed expansion and stated that the project
would not result in increased pressure for commercial development in the
neighborhood. He commented that the expansion would be a quality building
and the landscaping would bring it into harmony with the neighborhood.
Councilmember Elliott made a motion, seconded by Councilmember Horak, to
deny the expansion of the building.
Councilmember Reeves asked if the building has ever had other uses.
Mr. Brenner replied that the building has always been a medical facility.
Dr. Harry Unfug, 927 Pioneer Avenue, stated the expansion will improve the
neighborhood and not impact property values or cause a domino commercial
effect in the neighborhood.
Councilmember Knezovich asked if there are many home occupations within the
neighborhood.
Dr. Unfug stated there are some home occupations in that area.
Sanford Kern, 804 East Elizabeth, spoke about traffic concerns and stated
that Dr. Unfug's practice could move into the current building without an
expansion. He opposed any further commercial pressures in this neighbor-
hood.
Mayo Sommermeyer, 810 East Elizabeth, presented a map showing property
owners opposing the expansion. He stated this expansion would have an
adverse economic and ecological impact on the neighborhood, and he opposed
any commercial growth beyond what already exists in the neighborhood.
Reed Mitchell, 809 East Elizabeth, stated that this development was orig-
inally presented as a Planned Unit Development, but was changed to expan-
sion of a non -conforming use because of neighborhood opposition.
Barbara Sommermeyer, 810 East Elizabeth, stated the main question is
whether such an expansion would be good for the community. She opposed the
expansion, stating there is no shortage of medical space in the City.
Kirk Winkelmeyer, 1005 Morgan, opposed the expansion because it would lead
to further commercial pressures.
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December 21, 1982 '
Barbara Malsch Chase, owner of property at 908 Garfield, opposed the
expansion because of its possible impact on traffic and noise for Garfield
Street residents, and impact on property values.
Sam Cala, 814 East Elizabeth, opposed the expansion of use because of
traffic problems, school pedestrian safety problems, and commercial pres-
sures on the neighborhood.
Charles Unfug, attorney, stated that neighborhood opposition is primarily
directed at the existing use and is based on a fear of commercial develop-
ment in the neighborhood. He commented that this would not be an adverse
use for the neighborhood.
Dr. Harry Unfug stated that his taking on an associate would simply guaran-
tee this type of use rather than some other use for a long time to come.
Dr. Robert Conlon, 1032 Luke, opposed further commercial development in
this area.
Councilmember Clarke stated this is a good design given the constraints of
the property, but that improvements could be made to the property without
expansion of the building. Expansion of the use would make this a more
intense use, and he opposed the expansion because of its overall impact. '
Councilmember Horak supported Councilmember Clarke's position because the
development would not fit the neighborhood socially, even though it does
fit the area physically and economically.
The vote on the motion to deny the expansion of the non -conforming use was
as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezo-
vich, and Reeves. Nays: None.
THE MOTION CARRIED.
City Attorney Huisjen stated that a Resolution making findings on the
matter and denying the expansion of non -conforming use would appear on the
January 4th agenda.
Ordinance Zoning Property Known As Carpenter/
McAleer Annexation, Adopted on First Reading
Following is the staff's memorandum on this item:
"This is a request to zone 101.6-acres, located at the northeast corner of
Lemay Avenue and Vine Drive. Present zoning is FA-1, Farming. The appli-
cant is requesting R-L-P, Low Density Planned Residential zoning. The
surrounding zoning and land uses are as follows: I
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December 21, 1982
North: FA-1, Farming; vacant.
South: R-L, I -Industrial; Anderson Place Subdivision (existing
residences).
East: R-L, Residential; vacant.
West: R-L; R-L-P; Alta Vista Subdivision (existing residences).
nicrnccinn
Policy 80 of the Land Use Policies Plan states that higher density residen-
tial uses should locate:
a. Near the core area, regional/community shopping centers,
CSU main campus, or the hospital;
b. Within close proximity to community or neighborhood park
facilities;
c.
Where water and sewer
facilities can be adequately provided;
d.
Within easy access to
major employment centers;
'
e.
With access to public
transportation; and
f.
In areas with provisions
for alternative modes of transpor-
tation.
The site is within one mile of downtown, Buckingham Park, and the Fort
Collins Business Center/Community Airpark employment center. Utilities are
existing in the area. Transfort service is available at the corner of
Lemay and Vine Drive.
The applicant had initially requested M-M, Medium Density Mobile Home
zoning. The Planning and Zoning Board voted 5-2 to recommend denial of the
M-M zoning. Consistent with the Planning and Zoning Board's recommendation
for R-L-P zoning, the applicant has changed the requested zoning to R-L-P.
Staff Recommendation
Staff recommends approval of the Carpenter/McAleer R-L-P zoning request.
Planning and Zoning Board Recommendation
The Planning and Zoning Board recommended approval of the Carpenter/McAleer
R-L-P zoning request on a 6-1 vote (Case No. 66-82A)."
' Ken Waido, Chief Planner gave a brief staff presentation on this matter.
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December 21, 1982 '
Mayor Cassell stated the annexation does need to be zoned something at this
time.
Councilmember Elliott asked about the proximity of the airport runway.
Ken Waido pointed out the location of the runway on a map of the area.
Councilmember Knezovich made a motion, seconded by Councilmember Reeves,
to adopt Ordinance No. 151, 1982 on First Reading, zoning the Carpenter/
McAleer Annexation R-L-P.
George Thornton, 4 Steeple Chase Drive, stated that he was asked to speak
on this issue by the Andersonville, Lindenmeier Estates, Lindenwood, Ever-
green Park, Nedrah, Country Club, Puebla Vista, and Alta Vista neighbor-
hoods. He stated that any residential use is inappropriate in this area to
be zoned because of airport hazards and uncertainty about future use of the
area. He stated any development would be premature because of questions
about the Lemay by-pass, the alignment of the proposed expressway, and the
possibility of a railroad switchyard being located in the area. He stated
there is no current need for mobile home spaces, and there have been
problems with this developer's projects. '
Delores Williams, 1520 Hillside Drive, commented on traffic problems that
would be generated by development, and stated the property should not have
been annexed.
Councilmember Clarke commented that the City was obligated to annex the
property because of the Urban Growth Area agreement with the County.
Councilmember Horak stated that any development would have to be approved
based on factors in effect at the time of development.
Leonard Banowetz, 12 Forest Hills Lane, addressed development problems and
concerns with increased density in the area. He proposed a T-Transitional
zoning or zoning the lowest density possible, or the possibility of de -
annexing the property.
Councilmember Knezovich asked about the reasons this hearing had been
requested to be postponed to this date.
Mr. Banowetz stated that there was a hearing on the expressway alignment in
the interim.
Loren Maxey, 1101 Clark, expressed concerns about the proximity of the
airport and supported T-Transitional zoning.
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1
December 21, 1982
Ken Waido, Chief Planner, stated that T-Transitional zoning is usually
designated at the developer's request, and rezoning to another zone from
T-Transitional would have to be done within 60 days of a request from the
developer.
Councilmember Elliott expressed concerns about the rights of property
owners, and stated that development concerns would be addressed later.
Councilmember Horak stated that this is a zoning issue rather than a
traffic issue.
Councilmember Reeves stated that T-Transitional zoning would be only a
short-term solution because the developer has already requested another
zoning.
City Attorney Huisjen stated that T-Transitional zoning would have to be
with the owner's cooperation.
Ken Waido stated that any zoning could be conditioned on development as a
Planned Unit Development and that any type of development might have
risks.
Councilmember Clarke stated that the development would be designed better
in the City than in the County.
The vote on the motion to adopt Ordinance No. 151, 1982 on First Reading
was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak,
Knezovich, and Reeves. Nays: None.
THE MOTION CARRIED.
Other Business
Mayor Cassell stated that the Colorado Municipal League is seeking appli-
cants for nomination to National League of Cities committees, and Council -
members should contact him if they are interested.
Mayor Cassell announced that the Council will be interviewing the top 6
applicants for the Council vacancy, as determined by a point scoring
system. Interviews will be conducted on Thursday, December 30, 1982
beginning at 4:00 p.m. The names of the 6 applicants to be interviewed
will be available after 10:00 a.m. on December 22 in the City Clerk's
Office. The 6 to be interviewed and the 15 unsuccessful applicants will be
notified prior to that time.
Councilmember Reeves stated that her resignation would be forthcoming.
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December 21, 1982 1
Adjournment
Councilmember Horak made a motion, seconded by Councilmember Knezovich,
to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, and Reeves. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:25 p.m.
City. Clerk
Mayor
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