HomeMy WebLinkAboutMINUTES-06/03/2014-RegularJune 3, 2014
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, June 3 2014,
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: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Mel Hilgenberg, 172 North College, commended the presentation of the colors, announced
community events, and urged citizens to contribute to the Fort Collins Symphony. Additionally,
he discussed the need for affordable housing in the community.
Bill Milwenny, no address provided, commented on the District Attorney and Judicial Court.
Mary Lipscomb Lyons, Human Relations Commission, reported on an educational outreach
program on mental health.
Julie Mark, Environment Colorado, reported on her organization and its Climate Defenders
campaign to raise support for limiting carbon emissions for existing power plants.
Vanessa Fenley, Homeward 2020 Director,. reported on the summer point -in -time count of Fort
Collins' homeless individuals and requested volunteers for the project.
. Citizen Participation Follow-up
Mayor Pro Tem Horak spoke about his participation in the last Homeward 2020 point -in -time
count.
CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the May 6, 2014 Regular Council Meeting,
The purpose of this item is to approve the minutes from the May 6, 2014 Regular Council
meeting.
June 3, 2014
2. Second Reading of Ordinance No. 074, 2014, Appropriating Prior Year Reserves in the
Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included
in the 2014 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on May 20, 2014, appropriates
$6,221,325 from prior year reserves in the Natural Areas Fund. Nearly 80% of the funds
will be used for land conservation.
3. Second Reading of Ordinance No. 075, 2014, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund for the North College Improvements - Conifer to Willox Project
and Authorizing the Transfer of Appropriations from the North College Improvements -
Vine to Conifer Project Into the North College Improvements - Conifer to Willox Project.
This Ordinance, unanimously adopted on First Reading on May 20, 2014, appropriates
federal grant funds into the Capital Project Fund for the North College Improvements
Project - Conifer to Willox. City Council appropriated the final piece of funding necessary
for the North College Improvements Project - Conifer to Willox through budget revision
actions at the end of 2013. Since that time, City staff successfully secured additional
funding from the Colorado Department of Transportation (CDOT) via their Responsible
Acceleration of Maintenance and Partnerships (RAMP) program. This Ordinance completes
the final project budget with appropriations of new RAMP funding, previously secured .
fiscal year 2015 federal grant funding, and savings from the recently completed North
College Improvements -- Vine to Conifer project.
4. Second Reading of Ordinance No. 076, 2014 Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities Tourism Programming, and the Fort Collins Convention and Visitors Bureau.
This Ordinance, unanimously adopted on First Reading on May 20, 2014, appropriates
$195,981, of which $83,619 is for 2014 Cultural Development and Programming Activities
(Fort Fund), $8,977 is for 2014 Tourism Programming (Fort Fund), and $103,385 is for
2014 Fort Collins Convention and Visitors Bureau (CVB) activities from Unanticipated
Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General
Fund Lodging Tax Reserves. Lodging taxes for 2013 were estimated at $955,000 with
actual lodging tax revenues collected equaling $1,102,693 ($147,693 over estimate).
5. Second Reading of Ordinance No. 077, 2014, Amending Chapter 3 of The City Code to
Allow Spirituous Liquor Tastings and to Increase the Number of Days Tastings are
Permitted.
This Ordinance, unanimously adopted on First Reading on May 20, 2014, amends the City
Code to allow for spirituous (liquor) tastings, similar to what is currently allowed for beer
and wine. This amendment will also extend the number of days tastings are permitted up to
the maximum 104 tasting events per year.
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6. Second Reading of Ordinance No. 078, 2014, Designating the Landblom Property, 116
North Pearl Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
This Ordinance, unanimously adopted on First Reading on May 20, 2014, designates the
Landblom Property at 116 North Pearl Street as a Fort Collins Landmark. The owners of the
property, Kenneth and Michele Christensen, are initiating this request.
7. Second Reading of Ordinance No. 079, 2014, Authorizing the Conveyance of City Property
to CCF Investments, LLC in Exchange for a New Park Site.
Ordinance No. 079, 2014, unanimously adopted on First Reading on May 20, 2014, conveys
property by Quit Claim Deed to CCF Investments, LLC. The City Property to be conveyed is
near East Vine Drive and Turnberry and is located in Waterfield PUD Second Filing. This land
was the location of a park in Waterfield Second Filing. The location of the park is moving
with the Third Filing of Waterfield. The current park site will be conveyed to the developer,
CCF Investments, LLC by Quit Claim Deed.
8. Items Relating to the Spring Competitive Process.
A. Second Reading of Ordinance No. 080, 2014, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant (CDBG) Program.
B. Second Reading of Ordinance No. 081, 2014, Appropriating Unanticipated Revenue in
the Home Investment Partnerships (HOME).Program.
Ordinance No. 080, 2014, appropriates the City's FY2014 CDBG Entitlement Grant from
the Department of Housing and Urban Development (HUD) and CDBG Program Income
and transfers funds from FY2013 CDBG Reprogrammed funds and FY2012 CDBG
Unprogrammed funds for allocation in FY2014. Ordinance No. 081, 2014, appropriates the
City's FY2014 HOME Participating Jurisdiction Grant from HUD and HOME Program
Income. Both Ordinances were unanimously adopted on First Reading on May 20, 2014.
9. First Reading of Ordinance No. 092, 2014, Appropriating Unanticipated Revenue for the
Senior Center Expansion Project and Transferring Appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program.
The purpose of this item is to request an additional appropriation of $150,000 to the Senior
Center Expansion Project. This additional funding was raised by the Senior Center
Expansion Committee. These additional funds will be put toward the cost of completing the
Core and Shell space as an Education Center/Auditorium, which will seat 120+ people with
state of the art technology and can be used for presentations, distance learning, seminars or
movies, and athletic events. Additional funds will be used, for other building furnishings to
make this a World Class Facility.
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10. First Reading of Ordinance No. 083, 2014, Appropriating Prior Year Reserves in the
Benefits Fund for the Employee Wellness Center!
The purpose of this item is to appropriate funds from the Benefits Fund reserves for
facility/infrastructure enhancements to 256 West Mountain and start-up costs for the
Employee Wellness Center (commonly referred to as an Onsite Clinic). Advantages to
offering a Center include:
• anticipated reduction in health care cost trends
• greater ability to manage health risks through coaching and onsite disease management
program
• integrated medical records
• established medical home for employees and dependents making health information
available to providers
• enhanced wellness efforts by supporting proactive health care management.
11. First Reading of Ordinance No. 084, 2014, Amending Section 28-17 of the City Code
Regarding Traffic Code Violation Penalties.
The purpose of this item is to reconcile two sections of the City Code setting the maximum
penalty for Traffic Code violations.
12. First Reading of Ordinance No. 085, 2014, Amending Article IV, Division 2 of Chapter 23
of the City Code Regarding Disposition of Real Property.
The purpose of this item is to amend Article IV of Chapter 23 of the City Code to authorize
the City Manager to approve certain leases on City -owned property. The existing language
in the City Code specifies that any disposition of real property, including leasing of real
property, must be approved by City Council, with the exception of property at the Fort
Collins -Loveland Airport. '
13. First Reading of Ordinance No. 086, 2014, Making Various Amendments to the Land Use
Code.
The purpose of this item is to adopt a variety of changes, additions and clarifications to the
Land Use Code that have been identified since the last update in July 2013.
14. First Reading of Ordinance No. 087, 2014, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection
with the Vine Drive and Shields Street Intersection Improvements Project.
The purpose of this item is to obtain authorization from City Council to use eminent domain,
if deemed necessary, to acquire property interests needed to construct improvements at the
Vine Drive and Shields Street intersection. The Vine Drive and Shields Street Intersection
Improvements Project will construct a single lane roundabout for safety and air quality
improvements at the intersection. The project is planned to begin construction in the spring
of 2015 and be completed in the fall of 2015. The project budget consists of both federal
and local funds. To construct these improvements, the City will need to acquire certain
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property interests adjacent to the project area. The acquisitions include right-of-way and
temporary easements from six property owners. Timely acquisition of the property is
necessary to, meet the anticipated construction schedule. Staff fully intends to negotiate in
good faith with all affected owners and is optimistic that all property negotiations can be
completed prior to the start of the Project. Staff is requesting authorization of eminent
domain for all property acquisitions for the Project to comply with federal acquisition
requirements. Eminent domain action will be used only if such action is deemed necessary.
15. Items relating to Water Supply Shortage Response Plan and City Code Updates.
A. First Reading of Ordinance No. 088, 2014, Adopting a Water Supply Shortage Response
Plan.
B. First Reading of Ordinance No. 089, 2014, Amending Chapter 26, Article II, Division 6
of the City Code to Clarify Sections Relating to Water Conservation.
The purpose of these items is to update the City's Water Supply Shortage Response Plan
that contains water restrictions to be put in place when a water shortage is anticipated, and to
make City Code changes regarding the waste of water and water restrictions. Revisions to
the Water Supply Shortage Response Plan are in response to employee and citizen feedback
received during the 2013 water restrictions and more. recent community outreach. Highlights
include adding definitions and associated restrictions for food production, splash parks,
outdoor swimming pools and essential power -washing.
The City Code changes provide a clearer• definition of the "waste of water," extending
beyond irrigation use to service line and indoor leaks. In addition, hoses will require a hand -
activated hose nozzle for spraying impervious surfaces. This section will reference the
Water Supply Shortage Response Plan and how restrictions are put in place and lifted. Two
sections are out of date and are proposed to be deleted.
16. Resolution 2014-044 Approving an Intergovernmental Agreement Between the City of Fort
Collins and Platte River Power Authority for Participation in a Joint Resource Planning
Case Study.
In support of the development of a new Climate Action Plan, Fort Collins Utilities and Platte
River Power Authority (Platte River) have developed the attached Intergovernmental
Agreement (IGA). The intent of the Agreement into define the terms for Platte River to
provide electric supply network modeling assistance to the City. The models will identify a
potential mix of electric resources and the associated costs to help the City achieve a 20%
reduction of greenhouse Gases (GHG) below 2005 levels by 2020, 80% reduction by 2030,
and 100% reduction by 2050.
Overall Climate Action Plan reduction measures include decreases in emissions related to
transportation, building energy use, waste management and electricity. The focus of the
work detailed in this IGA is to provide modeling to define the necessary changes to the
City's existing electric energy supply that will be required in order to achieve stated GHG
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reductions. The modeling done by PRPA will identify the portfolio of resources needed and
their associated costs.
17. Resolution 2014-045 Approving an Amended and Restated Intergovernmental Agreement
Between the City of Fort Collins and the Poudre Valley Fire Protection District Establishing
the Poudre Fire Authority.
The purpose of this item is to approve the revised Intergovernmental Agreement (IGA)
which forms the Poudre Fire Authority and the associated Revenue Allocation Formula
(RAF) which allocates a share of City revenue toward the provision of fire and rescue
services within Fort Collins.
18. Resolution 2014-046 Adopting the Fort Collins River Downtown Redevelopment Zone
Design Guidelines.
The purpose of this item is to adopt the Design Guidelines for the River Downtown
Redevelopment (R-D-R) zone district which, will act as supplement to the new standards that
are to be codified in the Land Use Code.
19. Resolution 2014-047 Approving an Intergovernmental Agreement with the Colorado
Department of Transportation for Reimbursement of Wetland Mitigation Costs.
The purpose of this item authorizes the City to enter into an agreement to receive $99,450
from Colorado Department of Transportation (CDOT) for wetland mitigation. Four local
CDOT road projects impact a total of 1.02 acres of wetlands. These impacts must be
mitigated through payment for the creation of additional wetlands of equal size and type.
CDOT desires to keep the mitigation effort local and proposes to reimburse the City for
wetlands created within the Poudre River floodplain.
20. Resolution 2014-048 Approving Expenditures from the Art in Public Places Stormwater
Utilities Account to Commission an Artist to Create Art for the West Vine Basin Project.
The purpose of this item is to approve expenditures from the Art in Public Places
Stormwater Utility Account to commission an artist to create art for the Art in Public Places
West Vine Basin Project. The expenditures of $24,960 will be for design, materials,
fabrication, installation and contingency for an artist to create an interactive and interpretive
plaza at the West Vine Basin site.
***END CONSENT***
Councilmember Cunniff withdrew Item Nos. 13 and 18, First Reading of Ordinance No. 086,
2014, Making Various Amendments to the Land Use Code and Resolution 2014-046 Adopting the
Fort Collins River Downtown Redevelopment Zone, DesignGuidelines from the Consent
Calendar.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 17, Resolution 2014-045 Approving
an Amended and Restated Intergovernmental Agreement Between the City of Fort Collins and
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the Poudre Valley Fire Protection District Establishing the Poudre Fire Authority from the
Consent Calendar.
Mayor Pro Tent Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the.Consent Calendar. Yeas: Cunniff, Horak, Weitkunat,
Campana, Troxell, Overbeck and Poppaw. Nays: none.
THE MOTION CARRIED.
Staff Reports
Rick Richter, Infrastructure Services Director, reported the Xcel pipeline project is ahead of
schedule. He reported on summer construction projects throughout the city.
Mayor Pro Tem Horak asked how road closure information is visually displayed on the City's
web page. Richter replied each closure is mapped and detailed information regarding the closure
is provided.
Councilmember Cunniff asked how staff plans to deal with drivers using unofficial detour routes
through neighborhoods. Richter replied flaggers are used as necessary at, neighborhood
entrances.
City Manager Atteberry reported on the competitive process for the new Utilities Executive
Director.
Councilmember Reports
Councilmember Cunniff reported on a tour of the mall deconstruction process.
Mayor Weitkunat reported on a joint meeting with Fort Collins, Loveland, Berthoud and Latimer
County. Additionally, she reported on the Platte River Power Authority monthly meeting and
the Airport Steering Committee meeting.
Ordinance No. 086, 2014,
Making Various Amendments to the Land Use Code, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of changes, additions and clarifications to the Land
Use Code that have been identified since the last update in July 2013.
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BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a regular basis to make changes, additions, deletions and clarifications that
have been identified since the last update. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and "user -
friendliness" of the Code.
The proposed revisions (except for some late changes to Sections 2.13.1, 2.13.2 and 2.13.10
which will be considered by the Board prior to City Counc•il's Second Reading of Ordinance No.
086, 2014) were considered by the Planning and Zoning (P&Z) Board at its May 8, 2014 regular
meeting. All of the proposed revisions included in the Ordinance except as mentioned above
have received unanimous approval from the P&Z Board.
While there are a high number of revisions compared to previous years, there are three new
additions to the Land Use Code that are highlighted for Council's benefit.
• Anew Site Plan Advisory Review process is being added to address development projects
associated with other governmental agencies rather than relying on state statutes.
(Ordinance Section 2, Item Number 975.) -
• A comprehensive approach to allowing and regulating three distinct sizes of Solar
Gardens is being added in response to the City's new Solar Power Purchase Program.
(33 Ordinance Sections, Item Number 967.)
In the River Downtown Redevelopment (R-D-R) zone, the new development standards
have been significantly revised and improved in order to codify the findings R-D-R
Design Standards and Guidelines project that is reaching its conclusion. (Ordinance
Section 64, Item Number 987.)
During the Board's deliberation, the following topic was discussed individually
Addition of Permitted Use: Ordinance Section 1. Item number 976
This revision adds a purpose statement and two applicability statements to provide clarification
about the process. Also, where an applicant is requesting adding a use within or adjacent to an
existing residential neighborhood, two, not one, neighborhood meetings would be required at
specific time points in the process.
Three members of the public addressed the Board and provided letters to supplement their
testimony. While these speakers supported the proposed code revisions in draft Ordinance, they
went on to ask the Board to also consider eliminating the Addition of Permitted Use process in
nine zone districts on the basis that these districts feature residential land uses and, Ias such, are
not appropriate locations for requests for an Addition of Permitted Use. These speakers
represented that the A.P.U. process offers a degree of land use flexibility that may be more
suited for non-residential zones but contained the risk of unpredictabilityfor residential zones.
June 3, 2014
The Board discussed this issue and decided that the changes suggested by the public input went
beyond the scope of the 2014 annual update to the Land Use Code. The Board indicated that in
the fall of 2013, a P&Z sub -committee, along with interested citizens, explored a wide range of
issues associated with the Addition of Pennitted Use process and detennined that the minor
changes as contained in the draft Ordinance were reasonable. Further, the Board indicated
that, in general, the A.P. U. process is working and effectively balances land use flexibility with
predictability on a case -by -case basis.
The Board considered the public input and, after deliberation, decided to not offer any changes
to the draft Ordinance as it relates to the Addition of Permitted Use process but added that the
topic bears further discussion at an upcoming work session.
FINANCIAL IMPACTS
Code revision number 982 provides for greater opportunities for Unlimited Indoor Recreation
Establishments (greater than 5,000 square feet) and Limited Indoor Recreation Establishments
(under 5,000 square feet) by allowing these uses to now go into the H-C, Harmony Corridor
zone, but only as secondary uses. Unlimited Indoor Recreation uses include large-scale
gymnasium -type facilities such as for tennis, basketball, swimming, indoor soccer and the like.
Limited Indoor Recreation uses include yoga studios, exercise clubs, dance studios, martial arts
schools, and arts or crafts studios. This change allows the Land Use Code to respond to
changing trends and conditions by providing for a wider distribution of facilities that promote
recreation, health and wellness across the entire City.
ENVIRONMENTAL IMPACTS
Code revision number 967 enacts a comprehensive approach to allowing solar installations of
three varying sizes on a city-wide basis in 24.zone districts. The City of Fort Collins recently,
adopted the Solar Power Purchase Program (SPn), which will buy about 5 megawatts (MW) of
new, locally -installed solar- capacity to help meet the community's renewable energy
commitments under the Colorado Renewable Enerfy Standard. With new opportunities for
residents and businesses to take advantage of the SP and other solar program elements, as well
as growing interest in solar energy sources in general, there will now be three new land uses,
along with new rules and provisions, for small, medium and large-scale solar energy systems.
BOARD / COMMISSION RECOMMENDATION
All of the proposed changes (except those changes to Sections 2.13.1, 2.13.2 and 2.13.10 which
will be considered by the Board prior to second reading) have been discussed and refined in
conjunction with the Planning and Zoning Board at various work sessions between February
and May of this year. On May 8, 2014, at the regular meeting of the P&Z Board, the Board
considered the proposed revisions and voted unanimously to recommend to City Council
approval of all the changes.
In addition, the revisions to the R-D-R, River Downtown Redevelopment Zone District were
specifically discussed with other boards and commissions because these changes codify the
findings of a separate design project. Referred to as the Fort Collins R-D-R River Downtown
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Redevelopment Zone District Design Standards and Guidelines, the project resulted in
significant revisions to the development standards within this district. Both the proposed
standards and guidelines were presented to die following:
• Landmark Preservation Commission
• Downtown Development Authority
• Parking Advisory Board
• Economic Advisory Commission
• Natural Resources Advisory Board
The design standards are codified in the Ordinance. The supplemental Design Guidelines,
however, which contain images and suggestions, are being brought forward for Council
consideration as a separate Resolution (Attachment 2 in Agenda Item 17, Resolution 2014-046
Adopting the Fort Collins River Downtown Redevelopment Zone Design Guidelines).
PUBLIC OUTREACH
The proposed revisions to the Addition of Permitted Use were derived from discussions among
the Planning and Zoning Board ad -hoc sub -committee and interested citizens.
Councilmember Cunniff asked how these amendments are related to the addition of a permitted
use (APU) process and expressed concern regarding the fact this item was on the Consent
Calendar. Karen Cumbo, Planning, Development, and Transportation Services Director, replied
the APU process has been discussed in depth for the past several months; however, this set of
annual Land Use Code changes does not include the APU zoning district changes. She stated the
Planning and Zoning Board will be reconsidering the issue.
Mayor Weitkunat requested information regarding the annual Land Use Code update process.
Ted Shepard, Chief Planner, replied the general purpose of the annual changes is to revise the
Land Use Code with changes that have accumulated over the past year. He noted larger
substantive issues may be presented to Council separately.
Eric Sutherland, 3520 Golden Currant, expressed concern the Land Use Code is not being
followed. Additionally, he suggested a Land Use Code and City Code amendment that would
allow, by citizen initiative, changes to the Land Use Code to be considered by the Planning and
'Zoning Board.
Paul Patterson, 2936 Eindborough, expressed concern regarding the APU section of the Land
Use Code stating the process should be prohibited in residential zone districts.
Meg Dunn, 720 West Oak, opposed the use of the APU process in single-family residential zone
districts.
Gina Jannett, 730 West Oak, suggested the applicability of the APU process should be restricted
in residential zone districts given the precedent its use could set.
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Bill Whitely, 618 West Mountain, agreed with the previous speakers and stated the APU process
is frightening for residents of lower -density neighborhoods.
Councilmember Cunniff asked how this Ordinance would interact with the Planning and Zoning
Board modifying the APU section. Shepard replied the Planning and Zoning Board will discuss
the topic at its next work session and, should it direct staff to move forward, some options will be
crafted for a public outreach effort. Draft language would then be presented at a subsequent
work session and ultimately, the Board would need to adopt any changes to the Land Use Code
at a formal meeting, after which an Ordinance would be presented for Council consideration.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 086, 2014, on First Reading.
Mayor Pro Tern Horak stated the process outlined by staff to make changes to the APU process
makes sense and suggested a timeline be crafted by the City Manager.
Councilmember Cunniff requested the timeline prior to Second Reading of the Ordinance.
Councilmember Campana stated the City Plan is sometimes ahead of the Land Use Code and
noted the APU process has been a tool used to aid in achieving the goals and visions of City Plan
prior to the Land Use Code catching up with it.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Campana, Troxell, Overbeck,
Poppaw and Cunniff. Nays: none.
THE MOTION CARRIED.
Resolution 2014-046 Adopting the Fort Collins River
Downtown Redevelopment Zone Design Guidelines, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to adopt the Design Guidelines for the River Downtown
Redevelopment (R-D-R) zone district which will act as supplement to the new standards that are
to be codified in the Land Use Code. .
BACKGROUND I DISCUSSION
The River Downtown Redevelopment Zone Design Standards and Guidelines Project was
presented to the City Council at its work session on April 8, 2014. Based on Council feedback,
emphasis was added that parking lots and parking structures are inappropriate along the
Poudre River. Generally, Council provided positive comments and directed staff to move
forward with a Resolution.
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The regulatory approach for both redevelopment and new development in the River Downtown
Redevelopment (R-D-R) zone consists of standards that are to be codified by Ordinance in the
2014 Land Use Code Update and guidelines which are to be adopted by Resolution in a
supplemental document referred to as Design Guidelines. This Resolution pertains to the
Design Guidelines.
The River Downtown Redevelopment (R-D-R) zone currently includes a set of development
standards that were originally adopted with City Plan and the Land Use Code in 1997. Since
then, several developments have been brought forward highlighting the need to take additional
steps to preserve the distinctive character as the commercial and industrial core of our City.
City Plan Update - 2011 identified two action items relating to evaluating and adding design
standards to improve the set of standards to better address neighborhood, site and building
attributes.
The R-D-R zone district includes the original town site. and the historic commercial and
industrial core of our City. It is characterized by a wide variety of buildings that have served a
multitude of uses over the decades. Ranchway Feeds, Harmony Mill, Feeders Supply and the
former electrical generating plant (now the CSU Powerhouse) are all unique buildings that
reflect our history,as the region's center of commerce. The primary attribute of the area, the
Poudre River, historically attracted water -powered agricultural -related industry and is now the
premier natural feature for our City. A continuous change with railroad lines, two state
highways, and the general expansion of the Downtown core has resulted in a range of
architectural styles that are the essence of today's mixed character and charm.
The proposed new Design Guidelines are specifically intended to maintain this ag-industrial
character with the compatibility of redevelopment. The existing standards that govern the
relationship with the Poudre River will be retained as these standards have been found to be
effective at protecting the natural riparian features while allowing development to occur in a
sensitive fashion.
The proposed new Design Guidelines build upon previous efforts that address this area,
particularly the Downtown River Corridor Implementation Plan (2000) and the Downtown River
District Streetscape Improvements Project (2008). These two efforts formed the basis of the
public improvements along Linden Street that were completed in March 2012. The new
standards call for new development to complement these public improvements.
The proposed new guidelines are also in alignment with the proposed new design for a fully -
improved Willow Street. The Engineering Department is currently overseeing a design project
for Willow Street between North College Avenue and Linden Street and the projects have been in
close coordination. The project has also been in close coordination with the Poudre River
Downtown Project being coordinated by the Parks and Natural Resources Departments.
It is noteworthy that this project is not a land use plait. It is not all up -zoning or down -zoning.
Nor are there any changes to maximum allowable height standards. The proposed guidelines
address how building height can be addressed in redevelopment projects based on the context of
the site and proximity to historic structures. The fundamental approach is context -based site
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analysis and sensitive design that is -'complementary to the area's character.
The proposed guidelines acknowledge that this area has an ag-industrial character that is not as
refined as the more ornate portion of the Old Town Historic District across Jefferson Street with
its retail and entertainment activity and architectural embellishments. In contrast, the R-D-R
zone features commercial and industrial uses where building forms are simpler and less detailed.
Industrial activities such as manufacturing and outside storage and truck docks are part of the
character.
In summary, the Design Guidelines implement the action plan from City Plan Update - 2011 in
order to respect the ag-industrial character of the area. They enhance, clarify and update the
existing standards that govern the R-D-R zone district.
If authorized, the new standards will be codified directly into the Land Use Code for maximum
effectiveness. The Design Guidelines, however, will include explanatory text, graphics, and
images that will supplement the regulatory approach for the benefit of land owners, architects
and developers in order to provide more detail and remove ambiguity. Overall, the Design
Guidelines are anticipated to result in an improved development review process for all interested
parties.
FINANCIAL / ECONOMIC IMPACTS
There are no direct financial or economic impacts associated with the adoption of the Design
Guidelines. Indirectly, however, the potential revitalization of the area could create greater
internal economic activity without having to depend on customers and patrons crossing Jefferson
Street. Decreasing dependence on spillover activity from Downtown would create a positive
economic outcome for the immediate area. .
ENVIRONMENTAL IMPACTS
There are no direct environmental impacts associated with the adoption the Design Guidelines.
Indirectly, however, the emphasis on use of durable materials would lead to longer life cycles for
new structures.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board discussed this item at its work session on January 3, 20,14. The
Planning and Zoning Board unanimously approved the 2014 Land Use Code Update, which
contains the standards upon which the guidelines are based, at its regular meeting on May 8,
2014.
Board and Commission Outreach:
- Work Session's - Landmark Preservation -Commission (Jute 26, October 23, and December H,
2013)
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- Work Session with Planning and Zoning Board (January 3, 20M)
- Downtown Development Authority (February 13, 2014)
- Parking Advisory Board (March 10, 2014)
- Natured Resources Advisory Board (March 19, 2014)
- Economic Advisory Commission (April 17, 2014).
PUBLIC OUTREACH
- Tour of subject areas with consultant and stakeholder group (June 26, 2013)
- Poudre River Project Open House, Lincoln Center (June 26, 2013)
- Public Workshops (October 3, 2013, November 13, 2013 and April 30, 2014)
- Website: http://www.fcgov.conVhistoricpreservation/otrd-design-standards-and-guidelines.php
(October, 2013)
- Poster and table at joint Planning and Transportation open house, Museum and Discovery
Science Center (February 20, 2014)
- Correspondence with representatives of Save the Poudre and Protect Our Old Town Homes
(Ongoing). "
Councilmember Cunniff asked about this plan's consideration of design compatibility with
respect to retaining walls and other structures. Ted Shepard, Chief Planner, replied the language
was amended to be more specific regarding development along the River such that there would
be a prohibition on parking garages, parking structures, and parking lots as well as retaining
walls.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-046. Yeas: Weitkunat, Campana, Troxell, Overbeck, Poppaw, Cunniff and
Horak. Nays: none.
THE MOTION CARRIED.
Resolution 2014-049
Amending the West Nile Virus Management Policy and Providing Direction to the City
Manager Regarding Implementation of the Program, Adopted Option B
The following is the staff memorandum for this item.
`EXECUTIVE SUMMARY
The purpose of this item is to adopt enhancements to the West Nile Virus Management Program.
Staff is presenting two options for Council consideration; both would update the West Nile Virus
Management Policy. The program changes being offered include dividing the City into
operational zones, considering changes to the program response guidelines (operational
practices), implementing a limited business opt -out and maintaining a residential opt -out
program based on the pesticide sensitivity registry maintained by the Colorado Department of
Agriculture, and eliminating the Advisory Panel that advises the City Manager on adulticide
recommendations.
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BACKGROUND / DISCUSSION
On May 6, 2014 the City Council reviewed options to enhance the West Nile Virus Management
Plan. Options presented to Council came from the West Nile Virus (WNV) Technical Advisory
Committee (TAC) and from staff after review of the 2013 season and historical data.
West Nile virus (WNV) has been in Colorado since 2002 and the threat of disease transmission is
now an annual concern. WNV is a disease transmitted to humans by Culex mosquitoes, which are
the vector (source of transmission). WNV-infected mosquitoes infect birds, which can then be bitten
by many uninfected mosquitoes, greatly amplifying vector abundance. Most people infected with
WNV will have no symptoms. About I in 5 (20-25 percent) people who are infected will develop a
fever with other symptoms. Less than I percent of people who are infected will develop a serious
neurologic illness such as encephalitis or meningitis (inflammation of the brain or surrounding
tissues). (Centers for Disease Control and Prevention Division of Vector -Borne Diseases (CDC
DVBD) information).
Fort Collins utilizes the Centers for Disease Control and Prevention (CDC) -recommended
Integrated Pest Management (IPM) approach to address WNV. IPM consists of a comprehensive
series of evaluations, decisions and controls to pest management .with the goal of providing the
safest, most effective, most economical, and sustained remedy. IPM reduces the risk from pests
while also reducing the risk from the overuse or inappropriate use of hazardous chemical pest -
control products. Every year the City convenes a WNV Technical Advisory Committee (TAC) to
review the previous season's activities and recommend modifications to the WNV Management
Program Policy. This plan, do, check, act (PDCA) cycle instills continuous improvement in the
WNV Management Program.
Opt -out program
City Council directed staff to maintain the opt -out program for residents on the pesticide sensitivity
registry and to develop con opt -out program for businesses able to demonstrate a sustained
economic impact. The State of Colorado Department of Agriculture maintains the pesticide
sensitivity registry; to be placed on the registry a certificate must be signed by a licensed physician
stating that an individual has a medical condition that makes him/her sensitive to pesticides. Fort
Collins has about 15 homes listed on the pesticide sensitivity registry. Those homes are, depending
on weather conditions, provided a 300 to 500 foot buffer from where spraying occurs. Staff works
with Colorado Mosquito Control (CMC), the City's contractor, to ensure these pesticide sensitive
residents are protected.
A business opt -out program was recommended by members of the TAC. The TAC representative for
urban agriculture described concerns of food producers, namely that covering even small farms to
protect them from being sprayed with a pesticide is not feasible. Fort Collins has twenty six (26)
registered community supported agriculture (CSA) fctrnns producing fruit, vegetables and herbs for
sale at Fanners Market, wholesale and farm stand. TAC members also described a similar
challenge in covering bee hives used both for personal and commercial use. Bees are susceptible to
the pesticide used in an adulticide application, but the City attempts to minimize impacts to bees by
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spraying after dusk when most bees are in the hive. Staff is also aware that some research at CSU
may be impacted by spraying near campus buildings. An opt -out for registered businesses -
agriculture, beekeepers, and research facilities - would prevent interference with those businesses.
This option would also require each business to participate in source reduction and personal
protection education.
Businesses seeking to opt -out would need to demonstrate a direct, long-term financial hardship
from the pesticide application in order to exercise the option - the intent of the opt -out is to provide
relief from financial losses. While additional work would be needed to develop the exact
parameters of this opt -out, the intent is to recognize concerns about impacting scientific research
and anecdotal evidence that consumers are less willing to purchase produce when they know that a
farm has been subject to a pesticide application. This option would also require an additional
technician to perform inspection and education throughout the annual season. Some TAC members
questioned whether the commercial interests of a business outweigh increasing disease
transmission risks to entire neighborhoods of the city.
Zones
City Council supported the concept of using zones. Staff plans to begin with four (4) zones in 2014
and work with a statistician to determine the most effective zone program for future seasons.
Breaking the City into smaller areas using topographic and historical program data will create a
more effective WNV Management Program. Historical information indicates that mosquito activity,
is usually highest beginning in the southeast of Fort Collins and along the eastern border, near I-
25. A zone approach could allow for additional public information, larval control, source reduction
efforts, and adulticide intervention in these areas of highest disease activity.
The TAC has started to work with a Colorado State University (CSU) statistician who may be able
to assist in designing the optimal number and size of zones to ensure that the zones are small but
still have enough traps within each zone to be statistically relevant in the vector index calculation.
The City would be able to affect the number and size of zones based on the number of traps in the
field - more traps in the data network could result in more, smaller zones.
Adopting zones would apply to all aspects of the program, not just pesticide application, allowing
targeted communication and larval control in areas where the data network demonstrates higher
human health risks. The four zones that staff plans to adopt would reduce the area subject to an
adulticide application, focus the program on areas with a high vector index number, and allow for
prompt response to an increased disease transmission risk.
Human Case Threshold
Human cases are a lagging indicator because reports to public health officials by a doctor follow
significantly after a person is bitten by an infected mosquito. Human cases'of transmission of WNV
are reported three to four (3-4) weeks after disease onset or four to five (4-5) weeks after
transmission. Estimates front reviewing individual cases indicate that, of average, cases were
reported 22 days after symptoms began and symptoms begin about one week after infection.
Spraying in 2013 occurred• about two weeks after the majority of reported individuals were
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June 3, 2014
infected, but before the majority of cases were reported. This delay in the time from infection to
reporting the infection and City action can have serious public health impact. Human case
identification lags more than other information - the vector index is calculated weekly and so is a
better estimation of virus risk. The vector index takes into account mosquito abundance, infection
rates of the trapped mosquitoes and the location of infected mosquitoes.
The program response (operational) guidelines for Level III (peak season intervention) currently
require that:
• More than one human case being reported per week in Fort Collins
ME
• More than one positive human blood donor reported for the season.
�..►J/12
Culex mosquito populations increasing and at or above historical average by I standard
deviation for that time period
OR —
Mosquito infection rates of > 3.0 per thousand (0.3 percent) and increasing
• Vector index > 0.75 and increasing
Reconciling Zones with a Human Case Threshold
Taken in context of the direction provided by City Council on May 6, 2014 regarding Zones and
the Human Care Threshold, retaining human cases, (m discussed above, may compromise the
effectiveness of the using a treatment -zone approach.
Among the motions that City Council approved on May 6:
• Four (4) zone approach to monitoring and spraying for the virus
• Retaining the 0.75 vector index
Among the options that the Council declined to adopt on May 6:
• Removing human cases from the program response guidelines
o More than one (at least two)human cases per week must be present to meet the
threshold for an adulticide application in a given week
Combined, these actions mean that -staff will break the community into four (4) zones — staff
proposes along College Avenue and Drake Road in 2014 — but also apply all of the program
response guideline thresholds to each zone. In other words — each zone would need to have two
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June 3. 2014
human cases in a single week and a vector index above 0.75 before it would reach the outbreak
threshold and support an adulticide application recommendation.
This means the likelihood of achieving a threshold necessary for emergency intervention, or
adulticiding, is highly unlikely. The vector index could go well above the 0.75 threshold, as
happened in 2013, and yet there could be no emergency application to break the disease
transmission cycle unless human cases has been reported. Staff recommends using the vector
index as the primary threshold for adulticide application because human cases are a lagging
indicator, while the vector index uses real-time information gathered through mosquito
monitoring and testing to estimate the average number of infected mosquitoes. The vector index
provides an estimate of the risk of a WNV outbreak and allows the City to take action before an
outbreak (i.e. broad human cases) occurs.
The changes recommended by staff on May 6 were intertwined and when broken apart cannot be
reconciled into an approach that staff supports. Staff apologizes for not clarifying the
irreconcilability in this context before/during the meeting. In order to more effectively use the
data provided through the City's extensive trapping network, staff strongly encourages the
removal of human cases from the thresholds. Staff believes this approach — utilizing the vector
index in four zones and including the opt -out provisions for health -related and business impacts
— provides more effective West Nile virus control in smaller sections of town.
If Council is inclined to adopt the staff recommendation to eliminate the human case threshold,
additional direction should be provided to the City Manager regarding amending the program
response guidelines accordingly.
Advisory Panel
The 2008 WNV Management Program and Policy stipulate the use of a three -member Advisory
Panel in weekly review of in -season data and in evaluating the Lorimer Count)' Health
Department's recommendations for an adulticide application. In recent years the -Technical
Advisory Committee has met during the offseason to review the City's response to WNV and
recommend program improvements. The Advisory Panelisprovided weekly data gathered,from the
City's trapping network. Panel members have discussed that there is little room to interpret the data
provided other than to either concur with a recommendation to spray or to reject the
recommendation. '
West Nile Virus Management Policies Option A includes continuing the Advisory Panel but
expanding the membership from three (3) to five (5) members. The Advisory Panel would continue
to review data on a weekly basis in season and provide its analysis of the Lorimer Health
Director's recommendations to spray. Option B would eliminate the Advisory Panel and instead
use a checklist of thresholds to consider whether the City should adulticide. Staff recommends
Council adopt Option B eliminating the Advisory Panel. Modifications to the program response
guidelines have removed a great deal of discretion from the Advisory Panel, some members who
participated in the TAC review of the 2013 WNV season .noted that their review of a spray
recommendation had been reduced by improvements to the operational thresholds.
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The primary functions of the Advisory Panel under the 2008 WNV Management Policy were
additional evaluation of seasonal data and communication to Boards. In the 2013 season review,
the TAC recommended that staff promote transparency and communication by publishing the
weekly in -season WNV data on the City website along with recommendations to spray received
from the Lorimer County Health Director and a checklist of the program response thresholds.
These steps promote transparency and fill the communication role that would be vacated by the
elimination of the Advisory Panel.
The WNV. TAC will continue to meet each off-season to review the City's operations and propose
enhancements. The TAC provides recommendations to the City Manager. Both policy options
include language creating a more formal TAC membership by incorporating a specific number of
members, member affiliation, and role for the committee. While not replacing the Advisory Panel or
its in -season role, the TAC serves an important role in advising best practice -driven program
improvements. Staff proposes that the TAC membership reflect several constituencies, including,
but not limited to, community members, health care, and science.
FINANCIAL / ECONOMIC IMPACTS
Additional staffing is needed to implement the business opt -out program educational outreach.
Colorado Mosquito Control, the City's contractor, will handle this addition to the WNV
Management Program and staff will address budget modification..
ENVIRONMENTAL IMPACTS
Applying a pesticide in some or all of Fort Collins represents an environmental impact. These
WNV management program enhancements are anticipated to reduce the need for and extent of
an adulticide application, in addition to a larvicide application, in the City. The larval control
product used is deemed to have a low environmental impact, but it does reduce the abundance of
mosquito larvae which has a cascading impact on species which feed upon larvae and adult
mosquitoes. The aduticide product used may have broader impacts on agricultural produce,
honey bees and pesticide -sensitive populations. Staff works to minimize the impact of spraying
through the steps of the IPM approach.
BOARD / COMMISSION RECOMMENDATION
Staff has presented the TAC's 2014 season recommendations to the Parks and Recreation Board,
Air Quality Advisory Board and to the Natural Resources Advisory Board for comment. " -
Dan Weinheimer, Policy and Project Manager, discussed the City's public outreach process
regarding West Nile reduction and discussed the options available to Council regarding the policy
language. Additionally, he discussed staff recommendations regarding program response
guidelines, a 4-zone approach, and opt -out provisions.
Mary Lipscomb Lyons, 1327 Catalpa, urged Council to not delay spraying until human West Nile
cases are presented.
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Kevin Cross, 300 Peterson, opposed the use of permethrin as it is a known toxin and carcinogen.
Daisy Williams, Mill Creek Court, stated she has an organic farm and opposed the use of
permethrin for adulticide spraying. She supported the use,of human cases as part of the program
response guidelines.
Mark Richards, Larimer County Board of Health President, supported the staff recommendation to
remove human cases as a threshold for control measures.
Bruce Cooper, Larimer County Health District Medical Director, supported the staff
recommendation to remove human cases as a threshold for control measures.
Meghan Williams, Spring Kite Farm, supported increasing the number of indicators necessary
before adulticide spraying occurs.
Chet Moore, Mansfield Drive, stated the human case indicator is not a helpful tool.
Kim Meyer Lee, Latimer County Department of Health and Environment, suggested the use of
mosquito trap data and encouraged Council to remove human cases as a criterion for spraying.
Nancy York, 130 South Whitcomb, stated permethrin is a health hazard and opposed relying solely
on physician data.
Dan Sapiema, Health District of Northern Larimer County, discussed the significant health risk
posed by West Nile and encouraged Council to remove human cases as a criterion for spraying.
Keri March King, 3206 Sweeney Street, opposed adulticide spraying and encouraged Council to
allow individuals to opt out of spraying.
Dana Kunze, Fort Collins resident, suggested Council consider applying the vector index data at the
zone level while retaining citywide human cases as a threshold for spraying in any particular zone.
Simon Schaad, 624 Yarrow Circle, opposed adulticide spraying but urged Council to support
Option A of its choices.
Scott Sorsederber, Fort Collins resident, suggested the adulticide chemicals have not been applied
as directed.
Trina Corey, 606 Holyoke Court, stated she had Lyme disease and expressed concern regarding the
impacts of adulticide spraying.
Eric Levine, Fort Collins resident, supported the eradication of larval mosquitos.
Donna Dundon, 3101 Worthington Avenue, stated she had West Nile last year following spraying
in her neighborhood. She questioned the long-term effects of adulticide spraying.
June 3, 2014
Mayor Pro Tem Horak asked the Larimer County Board of Health official why the County is not
dealing with this issue as the City has no function or department for health. Mr. Richards replied he
has no personal experience with the history of the issue.
Mayor Pro Tem Horak asked if Mr. Richards could make a recommendation to the Board of County
Commissioners. Mr. Richards replied in the affirmative; however, he noted his group does not have
rule -making authority.
Mayor Pro Tem Horak asked if the Board of Health makes recommendations to the Commissioners
about larviciding outside city limits. Mr. Richards replied in the affirmative.
Mayor Pro Tem Horak asked who receives recommendations from Dr. LeBailly. Ms. Meyer Lee
replied the recommendations are conveyed to County officials, as well as to the City.
Mayor Pro Tem Horak questioned why the City has become responsible for carrying out a County
function. Mr. Richards replied the City and County could negotiate to return that responsibility to
the County; however, the City is currently responsible at this time.
Councilmember Cunniff asked about spraying by homeowner associations. Mike Calhoon, Parks
Supervisor, replied the HOAs are included in the City's distribution list for adulticide notification,
and, according to the Department of Agriculture, it is the applicator's responsibility to not
overspray, or have a double application. ,
Councilmember Conniff asked if it would be possible to codify a requirement that HOAs notify the
City when they plan adulticide operations. Calhoon replied in the affirmative.
Councilmember Conniff asked what the City will implement in terms of public notification and
spray tracking. Calhoon replied a new platform has been developed for spray tracking in order to
more effectively and efficiently provide information to residents.
The Council and Calhoon had a discussion regarding staffs interpretation of "long-term financial
impact." Calhoon noted that definition would apply to businesses whose business will be affected
longer than just the day or week of the application.
Calhoon discussed the rules and laws by which applicators are to abide and stated the product used
by the City for adulticiding is the most benign one available.
Mayor Pro Tem Horak asked about the boundary extensions for spraying. Calhoon replied the
boundary has been extended to the north and, east sides of town, primarily in agricultural buffer
areas.
Mayor Pro Tem Horak asked if the County participates in a monetary fashion with spraying.
Calhoon replied in the negative.
Mayor Pro Tem Horak requested additional information regarding the educational campaign for
citizens. Calhoon replied the program has already begun with utility bill inserts, door hangers,
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banners around town, magazine and newspaper articles, program manual, and videos.
Mayor Pro Tern Horak requested recommendations for gardens that get sprayed. Calhoon replied
gardens can be covered prior to spraying, or, if sprayed, produce should be washed with soap and
water prior to consumption.
Councilmember Campana thanked the individuals who spoke and stated there is an opportunity for
discussion with the County Commissioners regarding the topic; however, he stated he would like to
continue to have local control over spraying within city limits. He commended Calhoon on his
work with the program and thanked the Technical Advisory Committee for its work.
Councilmember Overbeck expressed concern the educational campaign has not addressed standing
water and other mosquito breeding attractors. Calhoon replied a public service announcement will
go out tomorrow.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2014-049, with Option B, amending Option B to use the language from Option A which discusses
human case consideration.
Mayor Pro Tem Horak stated the vector index is not a perfect indicator; thus the need for the human
case indicator, which is the only other indicator available to aid in balancing the risk.
City Attorney Roy read recommended language to accommodate Mayor Pro Tern Horak's
amendment.
Councilmember Cunniff requested an amendment to the motion to add language to the Resolution
directing the City Manager to develop policies and procedures to eliminate City application of
adulticide in areas such as HOAs where private adulticide application has previously occurred
during mosquito season.. Mayor Pro Tern Horak accepted the amendment.
Councilmember Campana noted there are no perfect indicators; however, the vector index
calculates infected mosquitos and common sense states that would be an indicator of the potential
for increased human cases. He stated he would like the human cases to not be required as the risk
from pesticides is less than that from West Nile.
Mayor Weitkunat discussed the fact the human cases are lagging indicators and asked Calhoon if he
recommends human cases be a required indicator. Calhoon replied human cases have been used in
the past but agreed it is a lagging indicator and stated staff is recommending the human cases
indicator be removed.
Councilmember Campana asked -if there are other indicators available other than the vector index
and human cases. Calhoon replied Dr. Moore has been working on a degree day indicator;
however, the vector index is currently the best indicator and is recommended by the CDC.
Mayor Pro Tern Horak stated he would be amenable to make the number of human cases one or
more rather than more than one.
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Councilmember Cunniff noted spraying does not actually cure the West Nile epidemic.
Mayor Weitkunat stated more than one case is not necessarily an indicator.
Mayor Pro Tern Horak amended his motion to replace "more than one" with "one or more" human
cases. He asked if this policy could lead to spraying earlier in the year. Calhoon replied he would
anticipate spraying to be earlier.
City Attorney Roy clarified the amendment made by Mayor Pro Tern Horak has not yet been
seconded; therefore, more than one human case are still currently required.
The vote on the motion was as follows: Yeas: Overbeck, Poppaw, Cunniff and Horak. Nays:
Campana, Weitkunat and Troxell.
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2014-033
Superseding Resolution 2013-049 and Authorizing the Execution of a
Revised First Amendment to the Intergovernmental Agreement Establishing
the Boxelder Basin Regional Stormwater Authority, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to approve a revised First Amendment to the .BoxelderBasin Regional
Stormwater Authority (BBRSA) in place of the First Amendment that was authorized by the
adoption of Resolution 2014-049. The Revised First Amendment:
Authorizes the BBRSA to determine and make minor revisions to properties within the
Service Area of the BBRSA by designating areas as "non -tributary areas", and to grant fee
credits to other areas within the Service Area;
Authorizes the BBRSA to accept loans from the Colorado Water Conservation Board
(CWCB) to fund the design and construction of the remaining regional stormwater projects;
and,
Establishes a sunset provision that terminates collection of sionnwater fees and charges
either twenty years after the effective date of this Amendment, provided there is agreement
regarding the operation and maintenance responsibilities for the projects, or upon
completion of all regional stormwater projects, payment of all debt incurred by the BBRSA,
agreement as to payment of any BBRSA obligations to Members and disbursement of any
remaining revenues and agreement among the Members as to any continuing obligation for
operation and maintenance of the projects. '
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STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Boxelder Creek Watershed encompasses over 265 square miles and extends from just
north of the Wyoming border to the Poudre River on the south. Several local governments
have worked together since 2005 to identify ways to mitigate flood hazards within the area
that is tributary to Boxelder Creek from County Road 70 north of Wellington south to where
Boxelder Creek floodwaters join the Cache La Poudre River. 1'he Boxelder Creek 100-Year
floodplain impacts approximately 4.900 acres of land within the regional area. Due to the
numerous split flows and diversions that occur, the potential for overtopping frequemly used
roads and the probability of the existing conveyance system to become blocked, there is the
potential for loss of life and/or bodily injury during the 100-Year Flood.
In August 2008, the City of Fort Collins, Larimer County and Town of Wellington entered into
an intergovernmental agreement to establish the Boxelder Basin Regional Stormwater
Authority (BBRSA) and fund the design and construction of regional stormwater improvements.
In 2012, the Town of Timnath entered into an intergovernmental agreement with the BBRSA to
financially participate in the design and construction of regional stormwater improvements.
The originally proposed First Amendment to the BBRSA Intergovernmental agreement was
approved by both the City of Fort Collins and the Town of Wellington in May 2013. Larimer
County, however, expressed concerns regarding the need to identify and fund specific
improvements to Comity Road 52 and to better define the sunset language provision included in
the amendment. A staff update on the BBRSA and associated projects on Boxelder Creek was
presented at the January 28, 2014 City Council Work Session.
In 2014, all parties executed the County Road 52 Improvements IGA to address Larimer
County's concerns. Accordingly, the BBRSA Master Plan has been updated and revised to
consist of the following regional stormwater projects:
• Diversion of Coal Creek to Clark Reservoir (Clark);
• East Side Detention Facility (ESDF);
• County Road 52 Improvements (CR 52 Improvements); and
• Larimer and Weld Canal Crossing Structure (LWCCS).
Larimer County has proposed a revision to the First Amendment to the BBRSA
Intergovernmental Agreement that specifies a twenty-year sunset provision on the collection of
stormwater fees and charges pending agreement of the parties regarding the on -going
operations and maintenance of the regional stormwater projects.
FINANCIAL / ECONOMIC IMPACTS
In light of the BBRSA Stormwater Master Plan revisions, an update of the estimated
Benefit/Cost Ratio of the regional stormwater projects was completed to confirm the financial
benefits. The table below uses information on damage losses from the 2006 Boxelder Creek
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June 3, 2014
Regional Stormwater Master Plan and compares the, losses with the current estimated
construction costs for the remaining BBRSA projects (ESDF, LWCCS, and CR52
Improvements).
Review of the table shows an updated Benefit/Cost Ratio of 3.95. In most instances, a B/C ratio
of 1.5 or 2 is considered very good. Such a high BIC ratio is very unusual and demonstrates the
dramatic benefits that construction of the BBRSA projects has with regard to the reduction in
damages from a 100-Year flood event.
Fort Collins Benefits
There are significant financial benefits and reductions in flood damage to properties located with
the City of Fort Collins and its GMA, as presented at both the January 28, 2014 Council Work
Session and March 18, 2014 Regular Council Meeting. Highlights of the benefits include:
Cooper Slough
• The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek
overflow that extends south along the east .ride of interstate Highway 25.
• A savings of $11.3 Million in reduced stormwater infrastructure costs.
• Removal of 130 acres of land from the 100-Year floodplain.
• Reduces flooding damage to existing properties at the Mulberry Road / Interstate Highway 25
interchange.
Boxelder Creek
• The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek
overflow that extends south along the east .ride of Interstate Highway 25.
• There is a $6 million savings in stormwater infrastructure required for roads within the
Fort Collins GMA.
• There is a $2.1 million savings in stonnwater improvements at Boxelder Creek / Prospect
Road.
• Removal of 650 acres of land from the 100-year floodplain.
20 Year Stormwater Fee and Charge Sunset Provision
The revised language in the First Amendment states that the BBRSA shall terminate collection of
stormwater fees and charges twenty years after the effective date of the Amendment provided
there is agreement among the Members with regard to any continued obligation of the Authority
which extends beyond such termination for operation and maintenance responsibilities for the
Coal Creek Flood Mitigation, ESDF, CR 52 Improvements, and LWCCS projects, or upon the
occurrence of all of the following contingencies (a) through (e), whichever first occurs:
(a) Completion of the East Side Detention Facility/Gray Lakes and Larimer/Weld County
Canal Crossing Structure projects;
(b) Payment in full of the loan from the CWCB and any other obligations of the Authority;
(c) Agreement among the Members with regard to any continued obligation of the Authority
which extends beyond the termination of collection of fees and charges by the Authority
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including, but not limited to, operation and maintenance responsibilities for the Coal
Creek Flood Mitigation, the East Side Detention Facility/Gray Lakes, and Larimer/Weld
County Canal Crossing Structure projects.;
(d) Agreement among the Members as to payment of any Authority obligation to the
Members for matching funds of the Members for the FEMA Pre -Disaster Mitigation
Grant in the approximate amount of one million dollars ($1,000,000); and,
(e) Agreement among the Membersas to the disbursement of any revenues of the Authority
which remains after the Authority has finalized all of the administrative and
organizational requirements necessary to terminate collection of fees and charges by the
Authority including, but not limited to, any required budgets, audits, and filings with any
state or federal authority.
The -current financial scenarios indicate that the CWCB loans are anticipated to be paid off
within 15 years. This is well within the twenty year time period included in the revised First
Amendment language. It should also be noted that the twenty year time frame is also contingent
on the requirement that Fort Collins, Larimer County and Wellington have reached agreement
with regard to the long-term operations and maintenance of the regional stormwater projects.
ENVIRONMENTAL IMPACTS
The original Boxelder Creek Regional Stormwater Master Plan (2006) did not include any
environmental studies or EIS analysis. In accordance with the language in the original BBRSA
Intergovernmental Agreement -- the location, size and impacts of any BBRSA or Fort
Collins/Timnath stormwater improvements shall be minimized to the extent reasonably possible
and construction activities and improvements shall he sensitive to the natural features of the
affected property. None of the BBRSA or Fort Collins/Timnath stormwater improvements
are located within a designated Fort Collins Natural Area. Any area impacted by
construction activities shall be restored to pre -construction natural conditions to the extent
reasonably possible, using native vegetation.
Environmental Impacts of Original Edson (East Side) Site
The originally -proposed -location for the Edson (East Side) detention facility was at the
confluence of Boxelder and Indian Creeks. The original concept was to construct a dam just
below the confluence. This location would have impacted two creeks instead of one. In addition,
due to its siting much higher in the Boxelder Watershed, over detention of the 100-year runoff
would have been required in order to achieve the same downstream peak discharge reductions.
Upon detailed analysis, it was detennined that the physical characteristics and topography of the
site would not provide the required detention volume storage to accomplish the goal and would
result in the condemnation of existing homes. This allows the more frequent and
environmentally beneficial smaller stone events to pass through ESDF without any attenuation
at all. The original location of Edson would not have allowed this type of design.
Environmental Impacts of Current East Side Detention Facility (ESDF)
In order to meet United States Army Corps of Engineers' (USACE) requirements, ESDF was
June 3, 2014
designed to minimize wetland impacts. The wetland area was surveyed by Alpine Ecological
services and found to be 13 acres. Of drat 13 acres, the current design impacts less than 0.35
acres and that occurs where the footprint of the dam and outlet structure cross Boxelder Creek.
There is no grading proposed within Boxelder Creek other than where the dam crosses the creek.
All impacted wetlands will be mitigated at a 1:1 ratio. The project will obtain an Individual 404
Permit from the USACE. RC Consultants has completed a Historic and Cultural Survey of the
entire project site for the State Historic Preservation Office (SHPO). The SHPO report will be
submitted along with the 404 permit application.
A key benefit of the current ESDF design is that the dam will not begin to detain flood flows until
a storm event occurs with a greater magnitude than a 50-year flood. The ESDF facility has been
purposefully designed to not detain flows during the more frequent storm events such as the 2-
year, 5-year, 10-year and 25-year because these storm events provide beneficial flows to
Boxelder Creek. Only in very infrequent flood events will Boxelder Creek see any change in
flows. Even after the construction of the ESDF dam, the 100-year flows in Boxelder Creek will
be very close to the current 100-year flows in Boxelder Creek. The flows being eliminated
correlate to the current westerly flow path that spills out of Boxelder Creek and heads towards 1-
25 where there is no channel, creek or habitat. All smaller seasonal storms and flood events up
to the 50-year storm will pass as they have historically. The floodplain reduction is in the two
overflow paths (1-25 and Timnath) which are not actual waterways. Accordingly, the
construction of the ESDF facility, will.not impact the existing beneficial functions of the
floodplains along Boxelder Creek.
Another important design feature of the ESDF facility is the limited time the flood waters will be
detained. Because of the short and intense nature of the storm events along the Front Range,
both the City. of Fort Collins and Lorimer County have adopted a 2-hour rainfall hyetograph
with very high intensities. Our current hydraulic model of the dam shows that the total time for
ESDF to drain following a 100-year flood to be 20 lours. This is important because there are
no depletions to the Poudre River System.
Alpine Ecological Services completed cm Endangered Species (ESA) survey of the project area in
August of 2013. Based on information from the US Fish and Wildlife Service (USFWS) website
(USFWS 2013a) -- 16 federally -listed species may be affected by projects in Larinler County.
These include I that may be present in the county and five that could be affected by water
depletions to the Poudre River System. Of the 16 species, the project area only contains
potential habitat for three: Preble's meadow jumping mouse (Preble's), Colorado butterfly plant
(CBP), and Ute ladies' -tresses (ULT). A Borough survey of the proposed project sites and
research of previous studies within the surrounding areas did not find evidence of habitat for the
Preble's or for either plant. The U.S. Fish and Wildlife service concurred with Andy's findings
and provided an ESA clearance letter for the project.
Environmental Impacts of Elimination of the Middle Boxelder Creek Improvements
As a result of the relocation of the ESDF downstream to a site that can provide increased
detention storage, the Middle Boxelder Creek improvements were eliminated, reducing
potential adverse impacts on the section of Boxelder Creek from County Roads 48 to 54.
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June 3, 2014
PUBLIC OUTREACH
Information on the BBRSA and progress on its regional projects is presented monthly at the
BBRSA Board of Directors meeting, which is held at 4:00 PM the fourth Wednesday of each
month at the Leeper Center, 3800 Wilson Avenue, Wellington, Colorado. The Board
Meeting agendas and minutes along with relevant studies, mapping and other information are
available for review at the following BBRSA website hyperlink:
http://www.boxelderauthorit zLorgl. In addition, the BBRSA maintains a mailing list of parties
who have expressed interest in receiving information and regularly distributes Board Meeting
agendas and materials. The BBRSA also publishes and distributes a quarterly newsletter
which provides information and updates on the authority and its programs.
Comprehensive updates on the BBRSA were presented at the recent public meetings listed
below:
• January 28, 2014 City Council Work Session
• February 26, 2014 BBRSA Board of Directors Work Session
• March 18, 2014 City Council Regular Meeting. "
Ken Sampley, Stormwater and Floodplain Program Manager, briefly introduced the item.
Eric Sutherland, 3520 Golden Currant, stated the Boxelder Stormwater Authority is the worst
example of local government he has ever encountered and the project is not necessary.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-033.
Mayor Pro Tem stated this is an amendment requested by the County.
Councilmember Cunniff questioned why the City is not using the context of this agreement in an
omnibus agreement with the County with respect to some of the discussions held at last week's
work session.
Mayor Weitkunat noted this is an amendment to an ongoing agreement:
The vote on the motion was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays:
Overbeck, Poppaw and Cunniff.
THE MOTION CARRIED.
RM
Jute 3, 2014
Ordinance No. 090, 2014,
Appropriating Unanticipated Revenue in the Stormwater Fund to
Design and Construct the Fort Collins I Timnath Boxelder Creek
Flood Mitigation Projects, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds in the amount of $3,750,000 to design and
construct the Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth
Amendment to the Fort Collins — Timnath Intergovernmental Agreement (IGA), as adopted
by City Council under Ordinance No. 047, 2014 on April 1, 2014. -
BACKGROUND/DISCUSSION -
In February 2009, Fort Collins and Timnath entered into 'an intergovernmental agreement
(IGA) regarding Growth Management Areas (GMAs) for the two communities, associated
issues authorizing the disposition of certain properties, and stornnnwater and floodplain issues
associated with Boxelder Creek and the "Boxelder Creek Overflow Project. " There have been
seven (7) amendments to the IGA.
The Sixth Amendment to the IGA was adopted under Ordinance No. 047, 2014 at the April 1,
2014 Regular Council Meeting. The locations of the Fort Collins / Timnath Boxelder Creek
Improvements and Boxelder Basins Regional Stonmwater Authority (BBRSA) Regional Stonmwater
Improvements are shown onn Attachment 1. The Fort Collins /Timmah Boxelder Creek Improvements
consist of:
• Lake Canal Crossing of Boxelder Creek -- A siphon and associated appurtenances to
transport flows in the Lake Canal beneath Boxelder 'Creek just west of Interstate
Highway 25.
• Boxelder•Creek Outfoll and Prospect Road Improvements -- A side spill weir (split
flow channel) and flood conveyance channel on Boxelder Creek upstream of
Prospect Road along with six 12' x 4' concrete box culverts beneath Prospect Road
west of Interstate Highway 25, associated utility relocations (i.e. electric, water,
wastewater, gas and telecommunications), roadway restoration, and a flood
conveyance channel south of Prospect Road to the_Poudre River and associated
appurtenances.
• Boxelder Creek at Interstate Highway 25 (I-25) -- Drainageway and channel
improvements and grading adjacent to and upstream (east) of 1-25 and the opening of
two existing blocked culverts beneath 1-25.
FINANCIAL / ECONOMIC IMPACTS
The total cost of these projects is currently estimated to be $4,000,000. Fort Collins and
Timnath have agreed to share equally in the costs to complete the projects. As outlined in
June 3, 2014
the Sixth Amendment to the IGA, Fort Collins will be able to use the remaining fiords
($1,750,000) placed into, escrow as part of the original IGA towards its share of the project
funding. Fort Collins will use existing appropriations from the Boxelder Authority project
account in an amount up to $250,000 to fully fund fifty percent (50%) of the total cost of the
Fort Collins/Timnath Projects. The parties agree that the escrowed funds, together with the
additional Fort Collins fiords, are intended as a match to payments by Timnath, or the TDA on
behalf of Timnath, in the amount of $2,000,000 to complete the projects. Timnath, or the TDA oil
behalf of Timnath, will pay the $2,000,000 to Fort Collins who. will manage the design and
construction of the projects.
ENVIRONMENTAL IMPACTS
None of the Fort Collins / Timnath Boxelder Creek Improvements are located within a
designated Fort Collins Natural Area. The reach of Boxelder Creek from the Lake Canal
Crossing upstream to just east of I-25 (approximately 300 lineal feet) will be reconstructed to
accommodate the opening of the two existing blocked culverts beneath I-25. The existing Lake
Canal flume which extends over Boxelder Creek and is subject to failure in a flood event will be
removed.
The new flood conveyance channel upstream of Prospect Road will be constructed at an
elevation 2-3 feet above the Boxelder Creek bed and will have minimal impact on the existing
creek section. This new flood conveyance channel will extend southwesterly through new box
culverts under Prospect Road and will outfall into a branch of the Poudre River downstream.
No construction is anticipated within the 100-Year Poudre floodplain. The location, size and
impacts of the stormwater improvements have been minimized to the extent reasonably possible
and all construction activities and improvements shall be sensitive to the natural features of
due affected property. Any area impacted by construction activities shall be restored to pre -
construction natural conditions to the extent reasonably possible, using native vegetation. All
appropriate environmental permitting including the Endangered Species Act (ESA) Clearance
and USACE 404 Permit will be obtained.
Council approved the Stormwater Quality Master Plan Update and associated Stream
Rehabilitation Program and project priorities presented by Fort Collins Utilities Stormwater
staff in mid-2012. This included analysis and a report from Colorado State University entitled
"Assessments and Rehabilitation Decision Makin Framework for the Streams of Fort Collins
(CSU Study) to help guide and prioritize future stream management and rehabilitation within the
City. .The Boxelder Creek / Cooper Slough Water Quality Master Plan Selected Plan is
Attachment 2 to this memorandum. The reach of Boxelder Creek from the Lake Canal Crossing
downstream to Prospect Road (identified. as Reach 3-1 in the Boxelder Creek/Cooper Slough
Master Plan) was identified for future stream rehabilitation and restoration improvements with a
preliminary estimated cost of $780,000. It is priority number 35 within the Stream
Rehabilitation program (see Attachment 3).
Annual funding in the amount of $650,000 for 2013 and 2014 was approved by Council as part
of the 2013-14 BFO process for stream rehabilitation and regional Best Management Practices
(BMPs) projects. These funds have been allocated to the highest priority stream rehabilitation
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June 3, 2014
projects (Fossil Creek Reach 4-1 and Spring Creek Reach 1-5). Stream rehabilitation funding in
the amount of $650,000 and $700,000 has been requested for 2015 and 2016, respectively, as
part of the 2015-16 BFO process. Boxelder Creek Reach 3-1 would not typically be funded for
10-15 years given the current annual funding allocations. However, _ Stormwater staff is
coordinating with the developer of the Interstate Land site located at the northwest corner of I-
25 and Prospect Road to potentially design and construct the proposed stream rehabilitation
projects in this reach over the next several years.
PUBLIC OUTREACH
Information on the Boxelder Bashi Regional Stonnwater Authority and progress on its
regional projects is presented monthly at the BBRSA Board of Directors meeting which is held
at 4:00 PM the fourth Wednesday of each month at the Leeper Center, 3800 Wilson Avenue,
Wellington, Colorado. The Board Meeting agendas and minutes along with relevant studies;
mapping and other information are available for review at the following BBRSA website
hyperlink: http://www.boxelcierauthority.org/.
In addition, the BBRSA maintains a nailing list of parties who have expressed interest in
receiving information and regularly distributes Board Meeting agendas and materials. The
BBRSA also publishes and distributes a quarterly newsletter which provides information and
updates on the authority and its programs.
Comprehensive updates on the BBRSA were presented at the recent public meetings listed below:
• January28, 2014 City Council Work Session
• February 26, 2014 BBRSA Board of Directors Work Session
• March 18, 2014 Regular City Council Meeting
• April 1, 2014 Regular City Council Meeting. "
Ken'Sampley, Stormwater and Floodplain Program Manager, stated this item appropriates funds
for the flood mitigation projects.
Eric Sutherland, 3520 Golden Currant, stated Timnath is not collecting stormwater fees or other
fees as Timnath's entire contribution is coming from the Timnath Development Authority which
is using tax increment financing.
Councilmember Cunniff asked if some of these areas are near City Natural Areas. Sampley
replied this project does include a portion of Cooper Slough.
Councilmember Overbeck asked about the size of the Boxelder area. Sampley replied it goes to
the Wyoming border.
Councilmember Overbeck asked if an increase in oil and gas activity is a possibility if the
floodplain is reduced. Sampley replied he would need to defer that question.
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June 3, 2014
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 090, 2014, on First Reading. Yeas: Horak, Weitkunat, Campana and Troxell.
Nays: Overbeck, Poppaw and Cunniff.
THE MOTION CARRIED.
Consideration of the Appeal of the Planning and Zoning Board Hearing
Decision to Approve the Bella Vira, Final Plan, Extension of
Vested Rights, Planning and Zoning Board Decision Upheld
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to consider the appeal of the Planning and Zoning Board Hearing
Decision to Approve the Bella Vira, Final Plan, Extension of Vested Rights requested by
Richmond American Homes.
On April 24, 2014 an appeal was filed concerning the Planning and Zoning Board Hearing
decision regarding a request for extension of vested rights to the Bella Vira, Final Plan, -located
at the southwest corner of South Overland Trail and West Elizabeth Street. An amended appeal
was filed on May 14, 2014.
The Amended Appeal asserts that the Planning and Zoning Board failed to properly interpret
and apply relevant provisions of the Land use Code, and failed to conduct a fair hearing.
BACKGROUND I DISCUSSION
The Bella Vira, Final Plan, Extension of Vested Rights is the subject of this appeal. The original
Bella Vira, Final Plan was approved in 2008. The Final Plan was approved for 60 single family
detached dwellings,'and 25 multi family dwelling units on 34.7 acres. ,
On April 10, 2014 the Planning and Zoning Board issued a decision to approve the request by
Richmond American Homes for extension of vested rights for the Bella Vira, Final Plan for a one
year extension to April 29, 2015.
AMENDED APPEAL SUMMARY
The Amended Appeal asserts that the Planning and Zoning Board failed to properly interpret
and apply relevant provisions of the City Code, the Land Use Code (LUC) and Charter including
LUC Sections 2.2.11 (D) (3) (4), LUC 3.6.1, LUC 3.6.2, and Lorimer County Urban Area Street
Standards, Chapters 1, 7, 16, 17, and Appendix H. In addition, the Planning and Zoning Board
failed to conduct a fair hearing, in that the board considered evidence relative to its findings
which was substantiallyfadse orgrossh, misleading.
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June 3, 2014
ASSERTIONS OF APPEAL
1. The Appellant asserts that the Planning and Zoning Board failed to properly interpret
and apply relevant provisions of the Land Use Code.
The Appellant states:
"Vested rights for the Bella Vira Fined Development Plan did lapse on or prior to January
3rd, 2013. "
The verbatim transcript from the Hearing of the Planning and Zoning Board (page 20)
contains:
BOARDMEMBER HART.
"1 think that in terms of process, you know, there may have been some glitches in the process,
but the bottom line to me is that they have followed the process based upon their best
knowledge. "
BOARDMEMBER HEINZ:
"But, I think that what we have before us is a basic matter of extension... "
VICE CHAIR KIRKPATRICK:
"I also think that the request for extension absolutely falls within the requirements in which we
have to make... to grant such a request. "
BOARDMEMBER HOBBS:
"I would like to make a motion, but'1 would like to get... oh, your information is back up there, it
wasn't in our ... so, 1 can read it off there. So I would move that the Board approve the Bella Vira
Final Plan Extension of Vested Rights, MIS 140002, for a one year term of vested rights to April
29, 2015, provided that the City Council determines that the extension of the plan granted by the
Planning and Zoning Board on May 16, 2013 is valid and binding upon the City. "
More information can be found in the record on:
• The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 4 -
10)
• The Staff Report (page 1, 2, and 7)
The Appellant states:
"The Bella Vira... FinalDevelopment Plandidnot comply with the Fort Collins ]and Use Code
priorto knpse or prior to the extension underappeal iahatan added component of the uversecti on
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June 3, 2014
at EILabeth and OverlandTrail does notineetsafety requirements o existing sicutdards of ctreel
bnprovennents perdue LUC oras exists iuhearea. "
The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 20 and
21) contains:
BOARDMEMBER HART:
"Well, I've looked at this. I think it's really good that Mr. Sutherland, some of the neighbors,
have raised the issues, but based upon what we've heard from the applicant and staff, it appears
that the transportation system is functioning adequately and will fiotction adequately mail the
time comes when improvements have to be undertaken. But none of those are relevant to this
particular project. They just are relevant to the natural growth... growth associated with traffic
moving back and forth in that area. "
BOARDMEMBER HOBBS:
"...it is our responsibility to look at this, make sure that there aren't ... I think what you said were
section three, sort of, changes than may have happened since the original approval of this. I
don't believe that we have heard or seen any of those that justify either revisiting this more or
refusing it."
BOARDMEMBER HEINZ:
"It seems like with the traffic and the streets, that it's just based on standards, and you know, it's
not just an arbitrary situation. "
VICE CHAIR KIRKPATRICK:
"I think that the plan complies with all of the relevant and applicable standards in our Land Use
Code, and 1 also think that the request for extension absolutely falls within the requirements in
which we have to make... to grant such a request. 1 consider myself a bike and pedestrian
advocate and I think that Fort Collins has really rigorous standards compared to most places.
And I think than we are very scientific and prescriptive in the way in which we handle our
transportation system, and I think that we are doing as we are supposed to. "
More information can be found in the record on:
• The Staff Report (page 6),
• The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 5-
15, 16)
The Appellant states:
"TheBella Vira... FinalDevelopaient Plandidnotconnpl v with the Fort Collins Land Use Code prior
to lapse bi than pedestrian access and facilities donotnieetapplicablesiandards. "
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Jute 3, 2014
See response above.
More information can be found in the record on:
• The Staff Report (page 6)
• The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 5-
15, 16)
• The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 20
and 21)
2. The Appellant asserts -that the Planning and Zoning Board failed to conduct a fair
hearing in that: The board... considered evidence relative to its findings which was
substantially false or grossly misleading.
The Appellant states:
"Applicant's Attorney misstated dte facts pertaining to the limited term of vested rights."
See response above on vested rights assertion.
More information can be found in the record on:
The verbatim transcript from the, Hearing of the Planning and Zoning Board (pages 7, 8,
and 20)
The Appellant states:
" Applicant'sAttorney ignored the inability of the P d /_ Board to extend vested rights in 2013due
todeficiencpofconditionsneces.card forevtension -i.e. no due diligence and no hardship unique to
property. "
See response above on vested rights assertion.
More information can be found in the record on:
The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 7,
8, and 20)
The Appellant states:
"City Staff made false representations regarding the conformance of public
in. i-astructmr with applicable standards. "
See response above on response to assertion that the Final Plan did not comply with the Land
Use Code.
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June 3, 2014
More information can be found in the record on:
• The Staff Report (page 6)
• The verbatim transcript from the Hearing of the Planning and Zoning Board (pages 5-15,
16, 20, and 21). "
City Attorney Roy briefly reviewed the appeals process.
Eric Sutherland, 3520 Golden Currant, asked if truthful and accurate statements can be expected
from staff and if a letter can be written by any party who finds tonight's decision unsatisfactory.
City Manager Atteberry replied factual information will be presented; however, Mr. Sutherland
may not agree.
Cameron Gloss, Planning Manager, discussed the appeal allegations and staff responses thereto.
APPELLANT PRESENTATION
Mr. Sutherland discussed his assertion that the intersection of Overland Trail and Elizabeth is
unsafe and deficiencies exist in the development review process for this project. He presented
slides to illustrate his argument regarding the intersection.
Charles Cuypers, Attorney for Bella Vira Townhomes, objected to this evidence as being new.
Mr. Sutherland replied City staff were disingenuous at the previous hearing and suggested this
information provides evidence as to why a right-hand turn lane is necessary at the intersection.
Mayor Weitkunat stated she does not see the relevance of the presentation.
City Attorney Roy stated, if this evidence is offered in support of an allegation that information
to which this pertains that was received by the Planning and Zoning Board was substantially
false or grossly misleading, then it is admissible as new evidence for that purpose.
Mayor Weitkunat agreed to allow the presentation.
Mr. Sutherland discussed intersections with right-hand turn lanes throughout the city and argued
one is necessary at the Overland Trail and Elizabeth intersection. Additionally, he discussed
other safety issues and requests for the intersection.
OPPONENT PRESENTATION
Jake Schroeder, Richmond American Homes, Inc., stated Council needs to determine whether or
not the Planning and Zoning Board exceeded its authority in extending the vested rights for the
Bella Vira project and encouraged Council to deny the appeal. He provided a history of
Richmond American Homes' ownership of the property and expenditures related to the project.
He discussed the need for the vested rights extension and detailed his arguments in opposition to
the appeal allegations. Additionally, he stated the Overland Trail and Elizabeth intersection and
the project comply with all Land Use Code standards.
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June 3, 2014
Mr. Cuypers discussed the signing date of the plat for the final use plan and stated that was the
date the vested rights began. Additionally, he stated Mr. Sutherland disagrees with staff
regarding the plan and intersection and requested a denial of the appeal.
APPELLANT REBUTTAL
Mr. Sutherland stated he is taking these actions in defense of the community and to further
concepts embodied in the City's planning documents. He argued the intersection as designed
would not comport with Latimer County Urban Area Street Standards. He stated Council will
need to condition whatever motion made, should it desire to have a safe and efficient intersection
constructed.
OPPONENT REBUTTAL
Mr. Schroeder argued empirical evidence does not warrant or require the improvements
suggested by Mr. Sutherland and stated the project complies with all Code requirements.
Mayor Weitkunat requested information regarding the vested rights issue. Gloss replied the
Planning and Zoning Board had much discussion regarding when vesting occurred and the
reliance of the applicant on certain dates. He stated the initial date was when the plat was signed.
A subsequent two week extension was granted incorrectly; however, good faith efforts were
made to determine when expiration was approaching and 30 days advance notice was provided
for all extension applications. He stated all extensions granted were in compliance with the Land
Use Code.
Mayor Weitkunat requested information regarding the development's compliance with the Land
Use Code as it pertains to safe and signalized intersections and right turn lanes. Karen Combo,
Planning, Development and Transportation Services Director, replied the traffic study does not
show enough volume to warrant a right -turn lane and stated this road is not yet built to its
ultimate width; therefore, the existing turn lanes will ultimately be through lanes. The
intersection complies with the Code.
Mayor Weitkunat asked if street design, intersections, and the necessity for right -turn lanes and
intersections change as time progresses. Cumbo replied in the affirmative and noted the
intersection will continue to be monitored.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that the Planning
and Zoning Board did not fail to conduct a fair hearing in its consideration of the Bella Vira
Final Plan Extension of Vested Rights. Yeas: Conniff, Horak, Weitkunat, Campana, Troxell,
Overbeck and Poppaw. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to uphold the
decision of the Planning and Zoning Board approving the Bella Vira Final Plan Extension of
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June 3, 2014
Vested Rights because the Board properly interpreted and applied the provisions of the Land Use
Code in approving the extension. Yeas: Horak, Weitkunat, Campana, Troxell, Overbeck,
Poppaw and Cunniff. Nays: none.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to extend the
meeting past 10:30 p.m. Yeas: Weitkunat, Campana, Troxell, Overbeck, Poppaw, Cunniff and
Horak. Nays: none.
THE MOTION CARRIED.
Items Relating to Three Appeals of the Summit on College Project Development Plan
Major Amendment Pertaining to a Parking Structure, Resolution Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2014-050 Making Findings of Fact and Conclusions Regarding the Appeal of
the March 19, 2014, Administrative Hearing Officer Decision Regarding the Major
Amendment to the Summit on College Project Development Plan.
or
B. Motion to Continue to Adjourned Meeting on June 24, 2014, to Consider Motion to
Amend Decision.
On April 29, 2014, three separate parties filed a Notice of Appeal concerning the Hearing
Officer's March 19, 2014 Decision to Approve the Summit on College Parking Structure, Major
Amendment.
On May 20, 2014, City Council voted 6-0 on the motion that the Hearing Officer conducted a
fair hearing in approving the Major Amendment; and voted 5-1 (Nays: Weitkunat; Troxell
absent) that the Hearing Officer failed to properly interpret and apply relevant provisions of the
Land Use Code, specifically Section 3.4.1(1)(2) and 3.5.1(J), and remanded the decision to the
Hearing Officer.
On May 24, 2014, the developer of the proposed parking structure, through his attorney,
submitted a written request to the City that the City Council consider amending its decision on
this appeal so as to modify the hearing officer's decision by approving the Major Amendment but
adding two conditions.
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June 3, 2014
BACKGROUND / DISCUSSION
On March 5, 2014, an Administrative Hearing Officer considered the application for the Summit
on College Parking Structure, Major Amendment. The Hearing Officer issued a decision to
approve the Major Amendment with conditions. The application consisted of a request to
construct a parking structure with 440 parking spaces. The proposed structure will be built over
at existing surface parking lot, resulting in a net gain of 352 spaces. The parking structure
consists of 4 levels, including parking on the roof, for an overall height of 3 mh stories.
On April 29, 2014, three separate parties filed a Notice of Appeal; the grounds for appeal are as
follows: '
Appellant Lester M. Kaplan and Appellant Jeffrey Leef.-
• Failure to properly interpret and apply relevant provisions of the City Code, the Land Use
Code and Charter.
Failure to conduct a fair hearing in that:
o The board, commission or other decision maker exceeded its authority or
jurisdiction as contained in the Code or Charter;
o The board, commission or other decision pinker considered evidence relevant to
itsfindings which was substantially false or grossly misleading.
Appellant Councibnenmber Cunniif'
• Other.
At the May 20, 2014 hearing on the matter, Council considered said appeal, reviewed the record
of appeal, heard presentations from the Appellants and other parties -of -interest and, after
discussion, remanded the Decision to the Hearing Officer.
,
Council voted 6-0 on the motion that the Hearing Officer conducted a./air hearing in approving
the Major Amendment and voted 5-1 (Nays: Weitkunat; Troxell absent) that the Hearing Officer
failed to properly interpret and apply relevant provisions of. the Land Use Code, specifically
Section 3.4.](1)(2) and 3.5.1(J), and remanded the decision to the Hearing Officer. Council
directed the Hearing Officer to further consider the impact of the Major Amendment on Spring
Creek and for consideration of the reduction of the size of the parking structure building and the
reduction of the number of parking spaces in the structure to a number closer to the minimum
parking requirements as established by Ordinance No. 121, 2013, and presently contained in
Section 3.2.2(K)(1)(a) for multi family development in the Transit -Oriented Development (TOD)
Overlay Zone.
On May 24, 2014, the developer of the proposed parking structure, through his attorney,
submitted a written request to the City that the City Council consider amending its decision on
this appeal so as to modify the hearing officer's decision by approving the Major Amendment but
requiring that:
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June 3, 2014
1. the height of the structure be reduced by one level to a height dimension of
approximately 27' on the north, east, south and most of the west elevation; and
2. additional green screening be included on the south facade of the structure to further
soften the view from Spring Creek.
Therefore, two alternative actions are available to the Council. The first would be to finalize the
appeal by adopting the proposed resolution. The second would be to continue the matter to June
24, 2014, for possible' consideration of a motion to amend the action taken by the Council at the
conclusion of the hearing on May 20, 2014. If the Council chooses the latter course of action,
all parties -in -interest to the appeal will be notified of the possibility that the outcome of the
appeal may be changed and that they will be given an opportunity on June 24 to speak to the
request that the applicant/developer has made. "
Councilmember Troxell withdrew from the discussion of this item as he did not participate in the
original hearing, although he reserved the right to participate in subsequenthearings after
reviewing Council's actions at the hearings.
City Attorney Roy reviewed Council's decision to remand the issue to the Hearing Officer for
further consideration. He received a letter on May 23`d from Carolynne White, attorney for the
developer, requesting that Council amend or rescind the decision it made at the conclusion of the
appeal. Council has the option to adopt a Resolution making findings with regard to the decision
made at the appeal hearing, as well as the option to adjourn this meeting, should Council wish to
consider Ms. White's request to rescind or amend its decision. Additionally, Council has also
received a letter from Rick Zier on behalf of three appellants stating his position with regard to
Ms. White's request. Council can continue this meeting to a later date in order to consider the
request following the notification of all parties -in -interest.
Eric Sutherland, 3520 Golden Currant, expressed disappointment in City Attorney Roy's
interpretation of the Code regarding the Resolution making findings.
Jeff Jones, Capstone Development Partners Executive Vice President, stated Capstone can
reduce the height of the garage by one level, reduce the number of parking spaces by 27%, or 91
spaces. He requested Council allow the process to go forward with the condition of a reduction
in size rather than remand the decision back to the Hearing Officer.
Kelly Ohlson, Fort Collins resident, stated Council should focus on better rather than bigger
development. He requested Council adopt the finding of facts remanding the issue back to the
Hearing Officer.
Carolynne White, Land Use Counsel for the applicant, stated a remand to the Hearing Officer
would require the Hearing Officer to reconsider two particular Code criteria relating to
compatibility with Spring Creek, and a reduction in the size and number of spaces in the garage.
She stated remanding the decision would not address the issues raised by the appellant as it was
limited to those particular topics. She requested Council proceed with a condition on the size
and number of spaces in the garage.
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Steve Pfister, Fort Collins resident, stated it is appropriate for Council to consider this due to the
negative impact of Summit residents parking in residential areas.
Rick Zier, attorney for three appellants, stated he was not informed about this request by the
applicant. He argued most of Mr. Jones' comments were substantive rather than procedural and
stated Ms. White's letter contained new evidence. He requested Council adopt the findings
Resolution.
Councilmember Campana asked if this type of instance has ever previously occurred. City
Attorney Roy replied in the negative.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2014-050.
Councilmember Campana expressed appreciation for the effort being put forth by all parties, but
stated he would support the motion in order to ensure adherence to the process.
Mayor Weitkunat stated it would be difficult to.not address the findings of fact.
The vote on the motion was as follows: Yeas: Campana, Overbeck, Poppaw, Cunniff, Horak and
Weitkunat. Nays: none.
THE MOTION CARRIED.
Resolution 2014-045
Approving an Amended and Restated Intergovernmental Agreement Between
the City of Fort Collins and the Poudre Valley Fire Protection District
Establishing the Poudre Fire Authority, Postponed to July 15, 2014
City Manager Atteberry suggested postponement of Item No. 17, Resolution 2014-045
Approving an Amended and Restated Intergovernmental Agreement Between the City of Fort
Collins and the Poudre Valley Fire Protection District Establishing'the Poudre Fire Authority to
July 15, 2014.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to postpone'Item
No. 17 to the July 15, 2014 regular meeting. Yeas: Poppaw, Cunniff, Horak, Weitkunat,
Campana, Troxell and Overbeck. Nays: none.
THE MOTION CARRIED.
. Other Business
Councilmember Troxell expressed support for CSU's EcoCar project and reported he will be
attending the competition in Washington D.C. on Council's behalf.
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June 3, 2014
Mayor Pro Tern Horak stated he was contacted by Steve Ackerman regarding a provision in the
retail marijuana Ordinance stating all retail marijuana must be tested for THC and contaminants.
Mr. Ackerman reported state testing is not yet available for contaminants. Mayor Pro Tem
Horak requested Council consider taking action to request a suspension of that requirement until
state testing is available.
Councilmember Cunniff received Council support to consider instituting an overall wetland
mitigation policy that would allow for higher amounts of wetland mitigation than one for one.
Mayor Pro Tern Horak discussed the value component in regard to wetland mitigation.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to cancel the June
17, 2014 regular meeting due to the Colorado Municipal League meeting. Yeas: Troxell,
Overbeck, Poppaw, Cunniff, Horak, Weitkunat and Campana. Nays: none.
THE MOTION CARRIED: I
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to June
10, 2014 at 6:00 p.m. to consider going into Executive Session to discuss the mid -year
performance reviews for Council's three direct employees. Yeas: Troxell, Overbeck, Poppaw,
Cunniff, Horak, Weitkunat and Campana. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 11:06 p.m.
ATTEST:
City Clerk
Adjournment
OF FORTCO`
,-SEAL :N
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