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HomeMy WebLinkAboutMINUTES-09/13/1965-Adjourned098 P.M September 13, 1965 MINUTES OF THE ADJOURNED MEETING OF MONDAY, SEPTEMBER 13, 1965, AT 7:30 o'CLOCK Present: Councilmen Johnson, Carson, McMullan and Bennett. Interim Acting City Manager Adam Fischer, City Attorney March, Sr. and Assistant City Attorney Arthur March, Jr Acting City Manager Case, absent and Councilwoman Quinn, absent, excused. The Mayor called the meeting to order and announced that the first item on the agenda was the proposed agreement between the cities of Fort Collins and Loveland and the Western Aviation, Inc. for the operation of the joint Fort Collins -Loveland airport. After considerable discussion between members of the Council in reference to clarification of certain secions of the agreement and remarks of Mr. Brewer of Brewer-Isbill, Inc., Engineers for the Airport, R. L. Colwell, Mr. Hansen of Loveland and Walter Kane, Secretary,. all bein members of the airport interim committee, spoke in reference to this agreement. After the discussion was closed, the following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF A PROPOSED AGREEMENT TO BE ENTERED INTO WITH WESTERN AVIATION, INC. WHEREAS, the development of the airport to be conducted jointly by the cities of Fort Collins and Loveland has reached the point that an airport fixed base operator should be selected, and WHEREAS, bids for such operation have heretofore been requested and the only sati faction bid was submitted by Western Aviation, Inc., and WHEREAS, the Interim Airport Committee has recommended that Western Aviation, Inc. be selected as the airport fixed base operator and that a contract be negotiated with said firm and that said firm also be employed to manage said airport, and WHEREAS, the City Attorney has prepared an agreement to be submitted to said Western Aviation, Inc., which said agreement has been approved by the acting City Manager and the Interim Airport Committee, and WHEREAS, it is the opinion of the 8ity Council that it will be in the best inter- est of the City of Fort Collins to enter into said agreement with said Western Aviation, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said proposed agreement be and they hereby are accepted and approved; and BE IT FURTHER RESOLVED that upon like approval by the City Council of the City of Loveland, the Mayor and City Clerk be and they hereby are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a special meeting of the Council held this 13th day of September, 1965. Is/ Harvey G. Johnson Mayor ATTEST: /a/ Miles F City Clerk Motion was made by Councilman McMillan, seconded by Councilman Carson, that this resolution be adonted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Councilman Bennett. Absent; Councilwoman Quinn, excused. Nayes: None. The President declared the motion adopted. This being the date of the public hearing on the new proposed zoning ordinance, the Mayor requested that any one wishing to speak would approach the microphone and give their name before presenting their views. Mr. William Allen, Attorney, was the first parti- cipant and presented his request for certain amendments or changes to be made in.the fourth draft in the zoning ordinance These changes are outlined in the following communication: ALLEN, STOVER and MITCHELL September 13, 1965 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: In connection with the proposed zoning ordinance for the City of Fort Collins and the zoning map, I should like to discuss with you four proposed changes: 1. The zoning regulations provide for a zone "B-P". This zone requires a mini- mum of three acres. The west side of College in the 1300 and 1400 blocks is included with- in this zone. It is not difficult to imagire that a portion of either of these blocks may 'ne included within a planned business area and leaving less than three acres in the remaind er of the block not included. It would appear to me that the zoning ordinance should pro- ,iide that any areas adjoining a planned business district which has been completed or in the process of completion and is zoned "B-P" can, at the time the adjoining property is being planned, join in such plan, or will be allowed at a later date to join in such plan, even though the remaining acreage is less than three acres. 2. The property in Thunderbird Estates on the East side of College Avenue, South of Drake Road is presently zoned for business under the zoning ordinances of the Cit, Fort Collins. The proposed zoning map indicates that this is to be zoned "B-L", which s a more restricted zone than the property is now in. The property immediately to the south adjoining College Avenue is included within the general zoning of the County; the pro• perty to the West on the West side of College Avenue is zoned "C-Commercial" in the County; and the property to the North of Drake Road and West of College Avenue is included within the general business zoning under the new ordinance, being zoned "B-G' The property in Thunderbird Estates has adequate depth to provide off-street parking, and should be includ- ed in the "B-G" zone. 3. The property on the East side of Shields Street immediately north of Lake Street now contains three residences. This property immediately joins the dormitory areas Of Colorado State University. The residents feel that in this high density area they shoult be zoned "R-H". L}. The property at 421 Parker Street is now the location of the Columbine Nurs- ing Home, which has been in existence for approximately four years. The Nursing home has 9bout 10 000 square feet of building area. At the time of construction and the acquition Of a loan on the premises, the owners acquired a total of approximately 8,000square squarefeet feet, wasland zoned expansion purposes. This property, t for -Residential", i q , except „ under the present zoning ordinance as C-Rrovednthe lblock donswhich nitrisngocated bothuse. At asto bime of its construction the rest home imp beauty and economical use. Under the present zoning map it is proposed that this property ee zoned "R-L", which would make the rest home a non -conforming use and would allow no n0rs than a 25% expansion. The present use has not created any excess traffic, and it has isions not deteriorated the neigh'orhood, and there e8 thaquthiste aconforming rea for puse iin whon ich ravtremen- for off-street parking. It does not 9eshould become a non -conforming use. ious amount of money has been invested I would appreciate your considero°thefeach changesfthese requestedmatters and the amendments �f the zoning ordinance andnap to provide Very truly yours, Isl William H. Allen Mr. Richard Betzing, Chairman of the Board of Realtors, Planning and Zoning Com- hlttee, spoke briefly on six suggestions and for changes in the proposed ordinance. These ire contained in the following report: PORT TO THE FORT COLLINS CITY COUNCIL FROM THE FORT COLLINS BOARD OF REALTORS PLANNING iND ZONING COMMITTEE the Planning and Zoning Committeef�llOwingat much se questionsandsuggestionsrta to presenfair t: workable )rdinance. However, we have the L - GENERAL BUSINESS, PAGE 12, MINIMUM OFF-STREET PARKING h will necessitate rebuilding at Oak and College, the st With the recent fire whit provision would not obetunduly he restrictive ffice if this were lu' lot aireplacementhetWeerarethe thinking it willnot poss ibility os arises not be possible to acquire parking space near- 'hureh site across*.he street where y in the amounts required. � PAGE i4 LIMITED INDUSTRIAL DISTRICT, Why was noise control deleted? MAJOR FLOOD CHANNELS, PAGE 21 posed when reporting on the 3rd draft. Who will make We reiterate our question ;his decision? ABANDONMENT OF USE t on the 3rd draft. It is our feeling that this is toc Again we refer to our vapor severe on the land owners and loan companies involved and that it should be changed, as ug.^ested. - D;4ELLINGS, PAGE 27 lntire buildinglings es not say specifically whether t his appli The language defining dwe o individual apartments or t o the e - PENALTY, PAGE 25 pa III 400 September 13, 1965 This was also covered in our previous report and we say again that the mandatory sentence "shall be fined" is too severe. FORT COLLINS BOARD OF REALTORS PLANNING AND ZONING COMMITTEE Gordon Walker Don Stuart Dan King Charles Rhoades Dick Betzing (Dhairman) Mr. Harley Tiley spoke in reference to "B-P" zone in the 1300 and 1400 block on the west side of College Avenue and requested that this be changed to a "B-G" major business zone, for the reason that the "B-P" zoning requires a minimum of three acres of the property to initiate any unit in this zone. He stated that an.individual property owner could not, under this zone, build or establish a business unless he owned a minimum three acres or his neighbor would combine with him to establish such a unit and he felt that this was a restriction of the individual property owner. Mr. Bill Hansen, real-estate operator, appeared and spoke again in reference to the property at the corner of Prospect and College, in which he is a joint owner and reques that the zoning of the West one-half of the 1500 Block be changed from high density resi- dential to "G-B" business. This piece of property has been before the Planning and Zoning Board and City Council a number of times in reference to establishing a business district in this block. The deeds of the property owners have a covenant in them which restricts the property to residential uses. The Council also was advised that there was a district court decision on a suit negotiated to remove the covenants in which the district court ruled that the covenants were legal and effective for protection against encroachment by business operation. Mr. W. L. Peck, Attorney for the Colorado and Southern Railroad Company, present ed the following communication in reference to the zoning ordinance: City Council City of Fort Collins Fort Collins, Colorado THE COLORADO AND SOUTHERN RAILWAY COMPANY September 13, 1965 Proposed New Zoning Ordinance Gentlemen: As you are aware, the Colorado and Southern Railway Company, as a common carrier by railroad operating through the City of Fort Collins, is vitdly interested in the zoning of land adjacent to its right of way. It has been following very closely the proposed new zoning ordinance which is the subject of the hearing being held tonight. The Railway Company has had informal meetings with the Planning and Zoning Board and made a presentation before that Board at the public hearing held on May 20, 1965. The Board has been most cooperative, and has made changes suggested by the Railway Company both in the text of the proposed ordinance, as well as various map changes in the downtown area. The Railway Company is very appreciative of the consideration which has been given to it with regard to this zoning ordinance. On August 26th the Railway Company appeared before the Council in connection with the Fourth College annexation. The Railway Company, at the request of the City, had peti- tioned to have a portion of its right of way located at Drake Road included within said annexation with the additional request that the property be zoned F-Industrial. However, this was changed by the City to E-Commercial. At that time a letter was written by the Cit Attorney to the Railway Company advising that any use of the siding would not be consider- ed nonconforming until the Railway Company notified the City that its use of the siding was being discontinued. The Railway Company does not question the faith of the City, but it does have some doubts as to whether that letter will protect it under future City adminis- trations. The Railway Company would therefore like to again request that the City Council Five serious consideration to zoning the Railway Company's property near Drake Road as I-G, rather than B-L as presently proposed. Yours very truly, /s/ W. L. Peck Mr. Jackson R. Brooks, Vice President of Excellart Sign Corp., spoke considerably on the various parts of that portion of the new zoning ordinance in reference to control of signs. 401 Mr. Dan Bailey appeared in person in reference to zoning 1511 South Bryan Avenue,) stating that he had purchased property at an excessive figure in order to erect a multiple dwelling and that the new ordinance would prohibit it for the reason that the zoning would would be R-L residential and that this/work a considerable hardship for the above reasons stated. Mr. Justus Wilkins, Attorney, spoke in reference to the zoning of the area in which the intersection of Whedbee and Garfield appears, stating that the zoning of this as a R-N Residential district, prohibits the development of lots adjacent to this intersection) which are now zoned "D" Commercial and he urged that this intersection and adjacent proper- ties be changed to a business zoning. The following letter was presented and read at length HILL AND COYTE September 3, 1965 City of Fort Collins Municipal Building Fort Collins, Colorado Attention: Honorable Harvey G. Johnson, Mayor, and Members of the City Council, Lawrence J. McMillan, K. E. Carson, Thomas W. Bennett and Mrs. Lorraine Quinn. Re: Proposed New Zoning Code. Gentlemen: I respectfully request that if the proposed zoning code is adopted, that the property immediately North of my property at 1125 South Shield Street be classified medium density residential rather than high density residential, or, as a less desirable alterna- tive, that my property be classified high density residential, for the reasons hereinafter stated: The Campus West Shopping is situate about one blook North of my property. My home is on a 5-acre tract of land on Shields Street, with a width from North to South of 165 feet and a de th of i of a mile runningfrom Shields Street to City Park Avenue on the West. p My home is on Shields Street and the house and garage are in the City of Fort Collin: With the remaining outbuildings and pasture at t he rear, in the county. At present the Portion of my property in the city is zoned as "A" Residence district" and the rear portion in the county as "farming" under the County Comprehensive Zoning. I have been informed that a basic principle in any zoning is to create buffer zones between Districts, and such is generally the practice followed in the proposed new zoning code. There are twelve proposed zoning districts, including commercial, business, high density residential, medium density residential, low density residential, and estate residential, the last being the highest class of residential Property. For some reason incomprehensible to me, the planners of this proposed new zoning code chose to make my entire property the buffer zone between a high density residential district and a low density residential district, without any medium density residential zoning between Campus West Shopping, Center and my home. In other words, from Campus West lineUSouth andthere thenwould propertystrip zonedfaslow high density density residential property running to my North residential. Just a few months ago the City of Fort Collins planning and Zoning Board consid- ered a request to make my home and the homes both to the North of my property and to the South of me to Westward Drive a commercial zone. This request, if granted, would have zoned commercial the property now owned by the Newman Club, the former Richardson home, the ftraeger property, my property, and the Robert Lee Davis property. Many residents on Westward Drive and in the adjoining areas, including my family, appeared at this hearing and opposed this proposed rezoning. The Planninghand Zoningsic Board that recommended denial o ieni this change and the City council denied it, forundeveloped commercial lots in the Campus West Shopping Center already available and it wou: constitute spot or strip zoning. Adopting the proposed new zoning code as it now is tendered would overrule this Prior action of the city and would ghkdensiitylonal residentialtclassificationalong sStreet the permits mostaeomva• lent of a commercial zone, since clinics, martial use, such as dental clinics, nursing nomes, sanitariums, restaurants, membership eL and undertaking establishments. I will not willingly permit my property to become the buffer zone for all of the property to the south, such as is accomplished iroeerty Souththe lOfsmyication propertyoisyNorth classifiedpastlow line is high density residential and the P P density residential, nor do I believe that such classification could be legally sustained. Accordingly, in behalf of myself andmy family, I respectfully request that you ensity amend the proposed new zoning code, ertycimmediatelyt o my North, e to adopt it, and If thismis1notum ddone, Y Y + , residential classification for the prop classification so that it includes all of my pro - then move the high density residentialmamert worthless except for commercial Perty. The effect of failing so to (wh10 ich t could noyp not be used. Or high density residential use, for which it Very respectfully submitted, /s/ Alden T. Hill 402 Mr. Bob Ocheltree, Chairman of the Planning and Zoning Board, spoke briefly on the final draft drawn up by the Planning and Zoning Board. After further discussion in which it was the opinion of the members of the Council, that it would be to the best inter- est, that a discussion meeting between members of the Planning and Zoning Board and the Council be called to discuss the various requests made in this hearing. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the ordinance be taken under advisement and that a meeting of the Planning and Zoning Board and the Council be called to consider these requests and that this hearing be continued to Thursday, September 23, 1965, at the regular Council meeting. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Councilman Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The President declared the motion adopted, and t e Council adjourned.to September 23, 1965• ��� ti-e� 4-Z�7-z yor ATTEST: